To start, experts say that no legal process exists for the bureau to return the funds it collects from leasing federally controlled waters. And the fact that TotalEnergies and the government aren’t embroiled in litigation — but rather voluntarily entering an agreement — also undermines Interior’s plan to tap the Justice Department’s Judgment Fund, which uses taxpayer dollars to settle legal claims against federal agencies. Plus, while TotalEnergies said it would spend its refund in the U.S., every new project in the company’s development pipeline is outside of the United States.
“I simply advise anyone who is contemplating such an agreement with the department to tread carefully, because there is vigorous interest in what is going on,” Irish said, adding that there is “a desire to both get to the bottom of it and take accountability, whether that is now or sometime in 2029” under the next administration.
A spokesperson for Engie declined to provide additional comments, and the Interior Department said, “We don’t have anything to share at this time.”
The particulars of their discussions remain sparse, including how much money Engie is potentially seeking to reclaim and whether the company might offer anything to the government in return.
