In light of the 5th Circuit’s order, holding the sale on 11/8 would have been messy for all sides in the Rice’s whale dispute. Seemingly, the only option for holding the sale prior to the Court’s decision on the injunction would have been the following:
- Allow, but not accept, bids on the tracts in the Rice’s whale expanded area.
- Add the Rice’s whale stipulations while providing notice that they might subsequently be removed.
Because the RIce’s whale stipulations would affect the value of all deepwater leases, bidders would be rolling the dice on the outcome of the case.
Also, absent legislative action, there will be no lease sale in 2024. This adds to the importance of Sale 261, and making sure the terms are understood.
Bud's Offshore Energy (BOE) 