The Coal Leasing Moratorium is Lifted

Yesterday, the Ninth Circuit Court of Appeals put an end to the unlawful federal coal leasing moratorium, concluding a saga that stretches back to the Obama administration.

Rich Nolan, President and CEO of the National Mining Association, said, “This is a victory for American-mined energy.” He added, “With this ruling, important projects can once again advance and support the production of affordable, reliable power to the grid, while creating jobs and economic development across the country, helping federal, state and localities with necessary funding by contributing hundreds of millions each year in revenues to state and local governments.”

The ranking Republican on the Senate Committee on Energy and Natural Resources, Wyoming Sen. John Barrasso, said the Biden administration should now move leases forward. “Today’s court decision ending the Obama administration’s nationwide ban on coal leasing is good news for Wyoming and all Americans,” he said.

The federal coal leasing program has been a tremendous success and remains a key driver of the nation’s energy and economic engine. It’s past time for leasing to resume.

Thirty-seven states consume coal from federal leases to generate electricity and fuel industrial and commercial facilities. The coal produced from federal lands is essential to the nation’s energy security and economic competitiveness and played a key role in providing affordable, secure energy during the global energy crisis that followed Russia’s invasion of Ukraine.

The federal coal leasing program, specifically, has delivered more than $9 billion in federal, state and local revenues over the last decade, revenues critically important to state operations. For example, in 2020, the financial contribution from federal coal to Wyoming state and local governments in the form of taxes, royalties and fees was over $550 million – revenues that underpin education and school construction as well as highway maintenance and other county and city infrastructure projects.

The Congressional Coal Caucus Co-Chairs, Representatives Carol Miller of West Virginia, Harriet Hageman of Wyoming, Morgan Griffith of Virginia, and Dan Meuser of Pennsylvania also commended the ruling.

“We applaud the Ninth Circuit for following the law and ending this injunction on federal coal leases,” they said. “During this time of international strife, devastating inflation, and sky-high energy prices, we must be doing everything we can to unlock America’s energy and natural resources. This ruling is a step in the right direction, but we have many more battles to win to roll back the detrimental consequences of the Biden Administration’s disastrous energy policies.”

Ending the coal leasing moratorium and letting companies get back to the important work of providing the energy and economic development the nation – but most notably mining states and mining communities – count on is a victory worth celebrating.