State of Louisiana v. Biden, No. 21-30505 (5th Cir. 2022)Annotate this Case
On January 20, 2021, Acting Secretary of the Interior Scott de la Vega suspended delegated authority “[t]o issue any onshore or offshore fossil fuel authorization . . . .” On January 27, 2021, President Biden issued Executive Order 14,008.
The district court issued a nationwide preliminary injunction enjoining President Biden and various Department of Interior officials (the “Government”) from pausing oil and gas lease sales. The Fifth Circuit vacated and remanded, holding that the district court’s order and accompanying memorandum lack specificity. The court explained that to comply with Rule 65(d) a district court’s order should state its terms specifically and describe in reasonable detail the conduct restrained or required. The court wrote that the present injunction fails to meet Rule 65(d) requirements.