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Drill Here, Drill Now
Picture of tatortodd
posted
I'm not an attorney so this topic is not within my area of oil & gas expertise.

I'm posting because I thought it was interesting and had good multiyear context.
quote:
Can Trump overturn Biden's offshore drilling ban?

By Nate Raymond
January 21, 202510:16 AM CST
Updated 2 hours ago

Jan 21 (Reuters) - President Donald Trump in an executive order on Monday revoked a ban imposed by former Democratic President Joe Biden on new offshore oil and gas development along most of the country's coastlines. Trump is certain to face legal challenges over his authority to do so.

WHAT DID BIDEN AND TRUMP DO?
Biden on Jan. 6 used his authority under the 70-year-old Outer Continental Shelf Lands Act to withdraw all federal waters off the East and West coasts, the eastern Gulf of Mexico and portions of the northern Bering Sea in Alaska from oil and gas drilling.

Biden said the move aligned with his efforts to combat climate change, saying "drilling off these coasts could cause irreversible damage to places we hold dear and is unnecessary to meet our nation's energy needs."

Trump had long pledged to expand oil and gas development. He revoked the offshore drilling ban on Monday, one of dozens of actions taken by Biden that Trump repealed on his first day in office.

Trump also revoked an earlier action Biden took in March 2023 that prevented oil and gas drilling in 2.8 million acres in the Arctic Ocean.

CAN TRUMP DO THAT?
Legal experts say the question of whether a president can revoke a predecessor's decision to invoke the Outer Continental Shelf Lands Act (OCSLA) and withdraw areas from mineral leasing and drilling remains legally unsettled.

While the law expressly grant presidents the authority to set aside lands, the 1953 measure is silent on whether they are able to revoke prior decisions. The question has only ever been addressed once in court, during Trump's first administration.

WHAT WAS THAT CASE?
Environmental groups sued after Trump, in April 2017, issued an executive order designed to revoke a similar decision by Democratic former President Barack Obama. Obama invoked OCSLA and put the Arctic’s Chukchi Sea, part of the Arctic’s Beaufort Sea off-limits to oil leasing, along with a large swath of Atlantic Ocean off the U.S. East Coast.

In 2019, U.S. District Judge Sharon Gleason in Anchorage ruled Trump's order was unlawful. "Had Congress intended to grant the President revocation authority, it could have done so explicitly, as it had previously done in several (but not all) of its previously enacted upland laws," she wrote.

Trump's administration in defending his order had cited language in the OCSLA stating that a president may "from time to time" withdraw unleased lands, saying this carried with it an authority to revise prior withdrawal decisions.

But Gleason, an Obama appointee, in her ruling said the OSCLA left only Congress with the power to overturn withdrawals of land.

Before the San Francisco-based 9th U.S. Circuit Court of Appeals could rule on the Trump's administration's appeal of her decision, Biden took office and on his first day revoked Trump's order, mooting the case.

WILL TRUMP'S NEW ORDER END UP IN COURT AS WELL?
Trump's executive order to undo Biden's action will likely invite a new legal challenge from environmentalists and potentially settle the question of a president's revocation authority.

But Biden's order itself is already being challenged in court in two separate lawsuits, including one by five Republican state attorney general and two industry trade groups American Petroleum Institute and the Gulf Energy Alliance and another by Republican Texas Attorney General Ken Paxton alongside oil and natural gas producer W&T Offshore(WTI.N)



Ego is the anesthesia that deadens the pain of stupidity

DISCLAIMER: These are the author's own personal views and do not represent the views of the author's employer.
 
Posts: 24094 | Location: Northern Suburbs of Houston | Registered: November 14, 2005Reply With QuoteReport This Post
Political Cynic
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Trump can rightfully claim that Biden wasn't competent when he signed it, nor did he know what he was signing
 
Posts: 54144 | Location: Tucson Arizona | Registered: January 16, 2002Reply With QuoteReport This Post
Member
Picture of uvahawk
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quote:
Originally posted by nhtagmember:
Trump can rightfully claim that Biden wasn't competent when he signed it, nor did he know what he was signing


Exact point. New US Attorny General Bondi may very well to make this argument before the Supreme Court.
 
Posts: 261 | Location: Low Country, South Carolina | Registered: November 28, 2004Reply With QuoteReport This Post
Shit don't
mean shit
posted Hide Post
quote:
Originally posted by nhtagmember:
Trump can rightfully claim that Biden wasn't competent when he signed it, nor did he know what he was signing

To quote Robert Hur, “at trial, Mr. Biden would likely present himself to a jury, as he did during our interview of him, as a sympathetic, well-meaning, elderly man with a poor memory.”
 
Posts: 5849 | Location: 7400 feet in Conifer CO | Registered: November 14, 2006Reply With QuoteReport This Post
Don't Panic
Picture of joel9507
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It would be odd in the extreme, IMO, absent some specific wording in the enabling legislation, for some aspect of Presidential authority granted by statute to be deemed irrevocable and permanent.
 
Posts: 15251 | Location: North Carolina | Registered: October 15, 2007Reply With QuoteReport This Post
Little ray
of sunshine
Picture of jhe888
posted Hide Post
quote:
Originally posted by uvahawk:
quote:
Originally posted by nhtagmember:
Trump can rightfully claim that Biden wasn't competent when he signed it, nor did he know what he was signing


Exact point. New US Attorny General Bondi may very well to make this argument before the Supreme Court.



Do you have any evidence for this claim, or is this a talking point? It seems highly unlikely that a claim of incompetence is the best and most direct attack on previous decisions.

Whether the relevant statute allows a reversal is probably a very complicated and technically intricate statutory analysis problem. I wouldn't dare answer without a fair degree of familiarity with the statute.




The fish is mute, expressionless. The fish doesn't think because the fish knows everything.
 
Posts: 53460 | Location: Texas | Registered: February 10, 2004Reply With QuoteReport This Post
Member
Picture of TigerDore
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I noticed that President Trump didn't simply reverse the EO, he declared a national energy emergency first. Possibly this is the legal term needed to issue this EO?
 
Posts: 9197 | Registered: September 26, 2013Reply With QuoteReport This Post
Lawyers, Guns
and Money
Picture of chellim1
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quote:
Whether the relevant statute allows a reversal is probably a very complicated and technically intricate statutory analysis problem. I wouldn't dare answer without a fair degree of familiarity with the statute.

We lawyers like to think so. After all, we are paid based on our analysis of a question.

However, we also know that the analysis changes based on who appointed the men/women in black robes.



"Some things are apparent. Where government moves in, community retreats, civil society disintegrates and our ability to control our own destiny atrophies. The result is: families under siege; war in the streets; unapologetic expropriation of property; the precipitous decline of the rule of law; the rapid rise of corruption; the loss of civility and the triumph of deceit. The result is a debased, debauched culture which finds moral depravity entertaining and virtue contemptible."
-- Justice Janice Rogers Brown

"The United States government is the largest criminal enterprise on earth."
-rduckwor
 
Posts: 25032 | Location: St. Louis, MO | Registered: April 03, 2009Reply With QuoteReport This Post
Thank you
Very little
Picture of HRK
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We have the house and Senate, vote to rescind the order, make a law permitting access to energy, allowing drilling offshore, in Alaska, the Canadian Pipelines, anywhere that has access to the vast stores of gas and oil in and around the US.

It's time for R to stop pussy footing around, pass the legislation in the next two years that stops this back and forth crap on energy. It's vital to US security, and our financial well being as a country.

Sometimes it seems as if Congress ignores passing legislation so things can remain campaign issues and controversial, guns, oil, LGBTQ, DEI,
 
Posts: 24798 | Location: Gunshine State | Registered: November 07, 2008Reply With QuoteReport This Post
Raptorman
Picture of Mars_Attacks
posted Hide Post
Just ignore it.

Like Biden did with the border and the Constitution.


____________________________

Eeewwww, don't touch it!
Here, poke at it with this stick.
 
Posts: 34646 | Location: North, GA | Registered: October 09, 2002Reply With QuoteReport This Post
Tinker Sailor Soldier Pie
Picture of Balzé Halzé
posted Hide Post
quote:
Originally posted by tatortodd:

quote:
Can Trump overturn Biden's offshore drilling ban?

By Nate Raymond
January 21, 202510:16 AM CST
Updated 2 hours ago

Jan 21 (Reuters) -
WHAT DID BIDEN AND TRUMP DO?
Biden on Jan. 6 used his authority under the 70-year-old Outer Continental Shelf Lands Act to withdraw all federal waters off the East and West coasts, the eastern Gulf of Mexico and portions of the northern Bering Sea in Alaska from oil and gas drilling.



It's the Gulf of America, you commie rag.


~Alan

Acta Non Verba
NRA Life Member (Patron)
God, Family, Guns, Country

Men will fight and die to protect women... because women protect everything else. ~Andrew Klavan

 
Posts: 31211 | Location: Elv. 7,000 feet, Utah | Registered: October 29, 2012Reply With QuoteReport This Post
His Royal Hiney
Picture of Rey HRH
posted Hide Post
quote:
Originally posted by HRK:
We have the house and Senate, vote to rescind the order, make a law permitting access to energy, allowing drilling offshore, in Alaska, the Canadian Pipelines, anywhere that has access to the vast stores of gas and oil in and around the US.

It's time for R to stop pussy footing around, pass the legislation in the next two years that stops this back and forth crap on energy. It's vital to US security, and our financial well being as a country.

Sometimes it seems as if Congress ignores passing legislation so things can remain campaign issues and controversial, guns, oil, LGBTQ, DEI,


Sounds reasonable to me. That’s what Pelosi and Schumer would do.



"It did not really matter what we expected from life, but rather what life expected from us. We needed to stop asking about the meaning of life, and instead to think of ourselves as those who were being questioned by life – daily and hourly. Our answer must consist not in talk and meditation, but in right action and in right conduct. Life ultimately means taking the responsibility to find the right answer to its problems and to fulfill the tasks which it constantly sets for each individual." Viktor Frankl, Man's Search for Meaning, 1946.
 
Posts: 20355 | Location: The Free State of Arizona - Ditat Deus | Registered: March 24, 2011Reply With QuoteReport This Post
Member
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Wouldn't the Solicitor General, rather than the Attorney General, be arguing this issue?
 
Posts: 17349 | Location: Lexington, KY | Registered: October 15, 2006Reply With QuoteReport This Post
My other Sig
is a Steyr.
Picture of .38supersig
posted Hide Post
quote:
Originally posted by Balzé Halzé:
quote:
Originally posted by tatortodd:
quote:

Jan 21 (Reuters) -
WHAT DID BIDEN AND TRUMP DO?
Biden on Jan. 6 used his authority under the 70-year-old Outer Continental Shelf Lands Act to withdraw all federal waters off the East and West coasts, the eastern Gulf of Mexico and portions of the northern Bering Sea in Alaska from oil and gas drilling.

It's the Gulf of America, you commie rag.

Better than that:

Trump: (looks at map) 'Can't find the Gulf of Mexico. How about we drill in the Gulf of America?'



 
Posts: 9617 | Location: Somewhere looking for ammo that nobody has at a place I haven't been to for a pistol I couldn't live without... | Registered: December 02, 2014Reply With QuoteReport This Post
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