State of Alaska Secures Win in Fight for Transparency Around Oil Development

May 28, 2026

(Bethel, AK) -Yesterday, the Ninth Circuit Court of Appeals issued a favorable opinion for the State of Alaska in ConocoPhillips Alaska v. Alaska Oil and Gas Conservation Commission (AOGCC), agreeing that State laws requiring disclosure of oil well data are not preempted by federal law.

"Alaska relies heavily on our resources and resource development," said Acting Alaska Attorney General Cori Mills. "We are also stewards of those resources for the citizens of Alaska. Alaska's law both allows resource development now, and encourages further development and exploration in the future. We're pleased that the Ninth Circuit recognized that federal law has not overridden Alaska's balanced approach."

The Alaska Oil and Gas Conservation Commission regulates oil and gas operations throughout Alaska, including within the National Petroleum Reserve-Alaska (NPR-A). Under Alaska law, companies need permits from the AOGCC to drill and must submit well data. The AOGCC is required to keep well data confidential for 24 months.

ConocoPhillips drilled several wells on lease holdings within the NPR-A and submitted data to the AOGCC. When the 24-month period expired, the AOGCC notified ConocoPhillips of the upcoming well data disclosure. ConocoPhillips sued in federal court to stop the disclosure process claiming that the Naval Petroleum Reserves Production Act, the federal law allowing private exploration in the NPR-A, preempted Alaska's 24-month disclosure law. The federal district court found Alaska law preempted, and the AOGCC sought appellate review by the Ninth Circuit Court of Appeals.

On appeal, the Ninth Circuit agreed with the AOGCC. The federal Production Act does not preempt state law. The Ninth Circuit therefore reversed the district court's holding to the contrary.

"The Alaska Oil and Gas Conservation Commission is pleased with the court's decision upholding Alaska law," said AOGCC Commissioner Jessie Chmielowski in a declaration filed in the litigation court. "Alaska's balanced approach to well data confidentiality leads to increased exploration activity, not less. Alaska law allows for a two-year confidentiality period on exploration well data to leverage a company's investment in drilling. Thereafter, making the data public has incentivized exploration on the North Slope. Placing well data in the public record allows competing companies to evaluate different exploration concepts or interpretations based on seismic data that, without well data, are just educated guesses."

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Department Media Contact: Information Officer Sam Curtis at [email protected] or (907) 269-6269.

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