Federal appeals court clears Alaska to release NPR-A drilling data

A federal appeals court ruled Wednesday that Alaska may release exploration well data from ConocoPhillips drilling in the National Petroleum Reserve-Alaska, reversing a district court decision that had kept the records confidential under federal law.

The Ninth Circuit held that federal law did not expressly or impliedly preempt Alaska's disclosure statute. The panel said Alaska has statutory authority to gather and release exploration data from NPR-A operations after the state confidentiality period expires. Alaska law requires companies drilling under state permits to submit well data to the Alaska Oil and Gas Conservation Commission; the AOGCC must keep that data confidential for a period before disclosure.

The case concerns a records-release dispute rather than a production permit, lease sale, or spill-response matter. It addresses the balance between state transparency statutes and industry confidentiality claims in one of Alaska's major North Slope energy basins. ConocoPhillips had argued federal law guaranteed confidentiality for the drilling data and preempted Alaska's disclosure rule. The company may seek further review of the decision or pursue other legal avenues.

The ruling establishes that Alaska's well-data disclosure requirements apply to drilling in the NPR-A when companies obtain state permits. That sets a precedent that could affect how much the public learns about exploration activity across federal lands on the North Slope. The specific well data at issue remained confidential during litigation; the opinion clears the way for public release after the state confidentiality period unless further review changes the outcome.

The decision is the latest in a series of NPR-A disputes involving ConocoPhillips. In August 2021, the Ninth Circuit vacated a district court judgment in an earlier NPR-A drilling case after finding the appeal was moot because ConocoPhillips had already completed the 2018-2019 winter exploration program. The case number is 23-35512. The opinion does not specify a timeline for when the well data would be released if no further appeals are filed.