By Carly Dempsey
On Jan. 6, President Joe Biden unexpectedly ended offshore drilling for oil and gas on the East and West coasts, the eastern Gulf of Mexico and portions of the northern Bering Sea in Alaska. Many conservationists are now faced with the question: What chance does this ban have of remaining in the new administration?
During a radio interview with conservative host Hugh Hewitt, President-elect Donald Trump said, “It’s ridiculous. I’ll unban it immediately. I will unban it. I have the right to unban it immediately.” But Trump might struggle to hold up his end of the bargain, as there might be legal precedent blocking this promise.
States are enabled to lease their own lands within three nautical miles, but anything beyond is up to federal law. Biden’s action was accomplished with two presidential memorandums using the Outer Continental Shelf Lands Act of 1953, which enables the president to protect unleased lands of the outer continental shelf from oil and gas development.
During his last presidential term, Trump attempted to reverse a decision by the Obama administration to protect Arctic waters from drilling under the Outer Continental Shelf Lands Act. This was later struck down by an Obama-appointed judge in 2019, who stated that the order was “unlawful and invalid.”
Penn State law professor Hannah Wiseman told FactCheck.org that this might be a sequel due to legal precedent, under the reasoning that the sitting president does not have the authority to revoke prior withdrawals.
Maybe the answer rests in whether the energy industry can be held accountable under the incoming administration. Trump is known for holding a strong stance in favor of energy independence, regardless of whether the energy is clean.
Trump tapped Chris Wright, CEO of Liberty Energy, North America’s second-largest hydraulic fracturing company, for energy secretary in his new Cabinet. Although this is a cause for concern for many, especially those in favor of the offshore drilling ban, there seems to be a glimmer of hope.
Wright surprised many at his Senate confirmation hearing by announcing his belief in man-made climate change. He also voiced his support for a diverse energy sector in the U.S., spanning from wind to solar to geothermal. His company has invested in Fervo Energy, a geothermal energy company, and Wright serves on the board of directors of Oklo, a company developing small, modular nuclear reactors.
With this reality we once again return to whether the two presidential memorandums on offshore drilling will be upheld. The final decision, it seems, may rest in whether this is a battle that Trump is willing to fight so early in his term, with his team already stating that he plans hundreds of executive orders to be issued in his first few months in office.
Carly Dempsey recently graduated from Florida Atlantic University with a major in biological science with a minor in political science. She is currently finishing her manuscript for research in the FAU aquatic botany and ecology lab.
Sign up for The Invading Sea newsletter by visiting here. To support The Invading Sea, click here to make a donation. If you are interested in submitting an opinion piece to The Invading Sea, email Editor Nathan Crabbe at ncrabbe@fau.edu.
