He was in a position to be able to purchase the rights to drill. He does not have to necessarily have to exercise those rights that he purchased.
Moreover, he is leasing those rights! It is in the governments best interests to have someone pay for the right to take a non-renewable resource and then not decide to use it!!!
Since there is a lot of talk about patents and copyright here, let's do a simple example. If I purchase the rights to 'Happy Birthday', can't I just not enforce the copyright? Will I be prosecuted if I don't sue every child getting sung 'Happy Birthday'?
If I purchase Lodsys' supposed patents and decide to not sue every indy developer out there, will I be persecuted for it?
Sexual orientation? You've got the right either way! If you go princess or bear is the government going to break down your door?
If you lease land for logging and your company decides it's not fiscally feasible to log this year, are you going to be thrown in jail.
No. No. No. No.
It's too bad his defense was hampered by the judge.
His only crime was trying to get in the way of the revolving door system of public property being given away to private interests. That's a big no-no.