The Biden administration’s historic decision to utilize a 70-year-old law to create a permanent oil drilling ban on federal waters marks a pivotal moment in American environmental policy.
At a Glance
- Biden aims to ban oil drilling in federal waters using the Outer Continental Shelf Lands Act.
- National Climate Task Force established to emphasize science in administrative decisions.
- The pause on new leases extends a previous 60-day ban.
- The decision is expected to withstand potential reversals by future administrations.
Federal Water Protections
The Biden administration plans to implement a permanent ban on new oil and gas drilling in the Atlantic, Pacific, and other federal waters by invoking the Outer Continental Shelf Lands Act. This strategic use of a provision within the Act will potentially prevent future administrations from reversing the decision without congressional action. This bold move aims to secure long-term environmental protections and establish policies resilient to political changes.
The National Climate Task Force and President’s Council of Advisors on Science and Technology reflect the administration’s prioritization of science. These initiatives seek to realign federal policy with the pressing need for addressing climate change impacts, reducing U.S. greenhouse gas emissions, and transitioning to sustainable energy alternatives.
Notably Biden’s executive order would be rooted in a 1953 law giving presidents broad discretion to withdraw US waters from oil leasing (but not explicitly authorizing revocations). Trump himself used the same power to thwart leasing near Florida weeks before the 2020 election. https://t.co/y9dIaLV66t
— Jennifer A. Dlouhy (@jendlouhyhc) January 3, 2025
Impact of the Oil Drilling Ban
The Department of Interior has been directed to review fossil fuel leasing and to increase offshore wind projects by 2030. This potential shift from fossil fuels to renewable energy is critical to combating climate change. The leasing pause does not affect existing operations but limits new developments, which, if made permanent, could significantly impact companies reliant on continuous drilling.
“President Biden is expected to permanently ban new oil and gas drilling in large sections of the Atlantic and Pacific oceans, as well as other federal waters, in a way that could be difficult for the Trump administration to unwind, according to two people familiar with the plans.”
New Mexico’s reliance on oil and gas revenue, particularly from federal leases in regions like the Delaware Basin, highlights the economic considerations tied to these decisions. Federal leasing revenues reached $4.2 billion in royalties in fiscal year 2019, essential for state budgets reliant on oil and gas. The administration’s strategy to move towards green energy intends to offset associated economic impacts by creating jobs in renewable energy sectors.
President Joe Biden is preparing to issue a decree permanently banning new offshore oil and gas development in some US coastal waters https://t.co/kC2mofX2wp
— Bloomberg (@business) January 2, 2025
Broader Implications of Legislative Use
Biden’s approach, using historical legislation to drive contemporary environmental governance, is a strategic administrative maneuver that could establish enduring frameworks for climate action. The Outer Continental Shelf Lands Act lacks mechanisms for revocation without congressional approval, building sturdier legal ground against potential rollback attempts by successive administrations.
“Mr. Biden intends to invoke an obscure provision of a 1953 law, the Outer Continental Shelf Lands Act, that would give him wide latitude to withdraw federal waters from future oil and gas leasing, said the people.”
As oil and gas sectors evaluate the regulatory landscape, there are concerns about continuing to supply energy needs and transitioning smoothly to alternative energy sources. This legally grounded strategy by the Biden administration reinforces a critical epoch in U.S. environmental policy, addressing climate imperatives and reinforcing the nation’s commitment to stemming ecological decline.
Sources
1. The Ins and Outs of Biden’s Federal Leasing Oil Ban
2. Biden Expected to Permanently Ban Oil Drilling in Some Federal Waters
