Nichols could just as easily have slapped himself on the back: The administration’s move was part of a private settlement of a lawsuit filed by WildEarth and others over the objections of energy consortiums, whose efforts to intervene in the matter were dismissed.

A similar thing happened last August, when the Biden administration announced it had agreed to exclude 6 million acres of the energy-rich Gulf of Mexico seabed from exploration to settle a lawsuit brought by environmental groups, including the Sierra Club - an announcement that triggered operational delays for the industry and expensive litigation to overturn.

Administration critics say these moves reflect the resurgence of a practice embraced by the Obama administration and rejected during Donald Trump’s presidency: “sue and settle.” The tactic is simple: An advocacy group sues a federal agency for failing to enforce laws or regulations. Agency officials and the plaintiffs then come to a private agreement and that deal is ratified by the courts via a binding consent decree.