A federal judge denied a request this week to halt oil exploration near the North Slope community of Nuiqsut, days after a massive oil rig fell over while en route to the project site.
ConocoPhillips has started working on a project to expand the Willow development and explore for more oil at a site in the National Petroleum Reserve-Alaska close to Nuiqsut.
In December the environmental law organization Earthjustice filed a lawsuit in Alaska's U.S. District Court that challenged the project on behalf of several conservation groups and an Iñupiat-led grassroots organization.
The plaintiffs – Sovereign Iñupiat for a Living Arctic, the Center for Biological Diversity and the Wilderness Society – argued that the project will harm habitat crucial to caribou, birds and other wildlife that local communities rely on for subsistence.
They said the federal Department of Interior and Bureau of Land Management approved the project illegally and without proper consultation or acknowledgement of existing concerns.
The plaintiffs also requested a preliminary injunction to halt the program while the litigation is ongoing.
However, U.S. District Court Judge Sharon Gleason denied that request on Jan. 27, ruling that ConocoPhillips can proceed with its project while the court decides on the case.
Gleason said in her order that "plaintiffs have not shown that they have a fair chance of success on the merits regarding their claim."
The ruling comes four days after Doyon Rig 26, nicknamed "The Beast," toppled over about 6 miles from Nuiqsut. No one was seriously hurt in the incident. The collapse caused an oil spill, but state agencies are still assessing its scale, according to the situation report from the Department of Conservation.
Nauri Simmonds is executive director of Sovereign Iñupiat for a Living Arctic, one of the plaintiffs in the case. Simmonds said in a statement that the ruling is difficult for many Alaskans, especially after the drill rig collapse.
"Incidents like this show how quickly risks on the land become risks for the people who rely on it," Simmonds said. "Our safety, our food sources, and the places we depend on deserve more than rushed approvals and delayed explanations."
ConocoPhillips welcomed the decision in a statement, saying that it confirms that BLM's review complied with all legal requirements. They said the project is designed to coexist with subsistence activities.
"Now, more than ever, America's natural resource development needs to be prioritized to enhance our nation's energy security," " said Erec Isaacson, president of ConocoPhillips Alaska.
While the ruling allows exploration to continue, the lawsuit is ongoing.
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