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STATE OF LOUISIANA v. BIDEN

No. 21-30505.

45 F.4th 841 (2022)

STATE OF LOUISIANA; State of Alabama; State of Alaska; State of Arkansas; State of Georgia; State of Mississippi; State of Missouri; State of Montana; State of Nebraska; State of Oklahoma; State of Texas; State of Utah; State of West Virginia, Plaintiffs-Appellees, v. Joseph R. BIDEN, Jr., in his official capacity as President of the United States; Deb Haaland, in her official capacity as Secretary of the Interior; Michael Nedd, in his official capacity as Deputy Director of the Bureau of Land Management; Chad Padgett, in his official capacity as Director of the Bureau of Land Management Alaska Office; Raymond Suazo, in his official capacity as Director for the Bureau of Land Management Arizona Office; Karen Mouritsen, in her official capacity as Director for the Bureau of Land Management California Office; Jamie Connell, in his official capacity as Director for the Bureau of Land Management Colorado Office; Mitchell Leverette, in his official capacity as Director for the Bureau of Land Management Eastern States Office; John Ruhs, in his official capacity as Director for the Bureau of Land Management Idaho Office; John Mehlhoff, in his official capacity as Director for the Bureau of Land Management Montana-Dakotas Office; Jon Raby, in his official capacity as Director for the Bureau of Land Management Nevada Office; Steve Wells, in his official capacity as Director for the Bureau of Land Management New Mexico Office; Barry Bushue, in his official capacity as Director for the Bureau of Land Management Oregon-Washington Office; Greg Sheehan, in his official capacity as Director for the Bureau of Land Management Utah Office; Kim Liebhauser, in her official capacity as Director for the Bureau of Land Management Wyoming Office; Amanda Lefton, in her official capacity as Director of the Bureau of Ocean Energy Management; Michael Celata, in his official capacity as Regional Director of the Bureau of Ocean Energy Management Gulf of Mexico Office; Lars Herbst, in his official capacity as Regional Director of the Bureau of Safety and Environmental Enforcement Gulf of Mexico OCS Office; Mark Fesmire, in his official capacity as Regional Director of the Bureau of Safety and Environmental Enforcement Alaska and Pacific Office, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

FILED August 17, 2022.

Attorney(s) appearing for the Case

Elizabeth Baker Murrill, Esq. , Assistant Attorney General, Office of the Attorney General for the State of Louisiana, Baton Rouge, LA, Daniel Shapiro , Consovoy McCarthy, P.L.L.C., Salt Lake City, UT, Joseph Scott St. John , Louisiana Department of Justice, Office of the Solicitor General, New Orleans, LA, Plaintiff-Appellee State of Louisiana.

Elizabeth Baker Murrill, Esq. , Assistant Attorney General, Office of the Attorney General for the State of Louisiana, Baton Rouge, LA, Joseph Scott St. John , Louisiana Department of Justice, Office of the Solicitor General, New Orleans, LA, Plaintiffs-Appellees State of Alabama, State of Alaska, State of Arkansas, State of Georgia, State of Mississippi, State of Missouri, State of Montana, State of Nebraska, State of Oklahoma, State of Texas, State of Utah, State of West Virginia.

Andrew Marshall Bernie , U.S. Department of Justice Environment, & Natural Resources Division, Washington, DC, for Defendants-Appellants.

Michael Benjamin Schon, Esq. , Lehotsky Keller, L.L.P., Washington, DC, Joshua Paul Morrow , Lehotsky Keller, L.L.P., Austin, TX, for Amicus Curiae Chamber of Commerce of the United States of America.

Kenneth Hugh Laborde, Esq. , Trial Attorney, Victoria Elizabeth Emmerling, Esq. , Gieger, Laborde & Laperouse, L.L.C., New Orleans, LA, John S. Guttmann, III , Beveridge & Diamond, P.C., Washington, DC, for Amici Curiae American Petroleum Institute, National Ocean Industries Association, Independent Petroleum Association of America, International Association of Drilling Contractors, International Association of Geophysical Contractors, American Exploration & Production Council, Petroleum Alliance of Oklahoma, Utah Petroleum Association, Western States Petroleum Association.

Before Higginbotham, Dennis, and Graves, Circuit Judges.

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. Because the district court's order and accompanying memorandum lack specificity, we vacate and remand.

I.

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