Trump executive order reverses Biden’s offshore oil drilling restrictions

Jan 21

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Jack Aylmer Energy Correspondent

By Jack Aylmer (Energy Correspondent), Bast Bramhall (Video Editor)

President Donald Trump has signed an executive order reversing efforts by former President Joe Biden to restrict oil and gas drilling. The new order targets Biden-era policies that limited fossil fuel developments in the Arctic and large areas of the U.S. coastline.

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What did Biden’s previous drilling bans entail?

Earlier this month, Biden implemented a ban on new offshore oil and gas development along most U.S. coastlines before Trump’s inauguration. This order blocked 625 million acres, including the entire Atlantic and Pacific coasts, from oil and gas drilling.

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However, this move was largely symbolic, as the restrictions primarily targeted regions in the Atlantic and Pacific Oceans with limited oil and gas development prospects. Areas with active drilling operations were not affected by the ban.

Still, Trump’s new executive order aims to revoke this Biden policy, as well as a 2023 memorandum from the previous administration that prohibited oil drilling across approximately 16 million acres in the Arctic.

Could legal challenges prevent a reversal of drilling protections?

Legal experts have noted that reopening these areas for drilling could face challenges. During Trump’s first term, he attempted to reverse a similar drilling ban imposed by former President Barack Obama. That effort was blocked by U.S. District Judge Sharon Gleason, who ruled the action unlawful.

The court determined that while the Outer Continental Shelf Lands Act grants presidents the authority to restrict drilling in certain areas, it does not explicitly allow them to revoke existing protections. The Trump administration argued that language in the legislation, allowing presidents to “from time to time” withdraw unleased lands, implied authority to revise previous withdrawal decisions. Judge Gleason disagreed, ruling that only Congress has the power to overturn such protections.

What comes next?

Before the case could proceed through the appeals process, Biden took office and reversed Trump’s order, rendering further litigation moot, though Trump’s reelection has now renewed the legal debate over whether these areas can be reopened for oil and gas development.

Tags: Arctic, Atlantic Ocean, Barack Obama, Donald Trump, Energy, Executive Order, Joe Biden, Oil, Pacific Ocean

[Jack Aylmer]

PRESIDENT DONALD TRUMP HAS SIGNED AN EXECUTIVE ORDER REVERSING EFFORTS BY FORMER PRESIDENT JOE BIDEN TO RESTRICT OIL DRILLING IN THE ARCTIC AND ALONG LARGE AREAS OF THE U.S. COASTLINE.

EARLIER THIS MONTH, BIDEN BANNED NEW OFFSHORE OIL AND GAS DEVELOPMENT ALONG MOST U.S. COASTLINES PRIOR TO TRUMP’S INAUGURATION.

THAT ORDER BLOCKED 625 MILLION ACRES FROM OIL AND GAS DRILLING-

INCLUDING THE NATION’S ENTIRE ATLANTIC AND PACIFIC COASTS.

HOWEVER, THIS MOVE BY BIDEN WAS LARGELY SEEN AS SYMBOLIC-

SINCE THE RESTRICTIONS PRIMARILY TARGETED REGIONS IN THE ATLANTIC AND PACIFIC OCEANS WITH LIMITED PROSPECTS FOR OIL AND GAS DEVELOPMENT-

AND DID NOT AFFECT AREAS WITH ACTIVE DRILLING OPERATIONS.

STILL, TRUMP’S NEW EXECUTIVE ORDER SEEKS TO REVOKE THIS BIDEN-ERA POLICY-

AS WELL AS THE PREVIOUS ADMINISTRATION’S 2023 MEMORANDUM THAT PROHIBITED OIL DRILLING ACROSS APPROXIMATELY 16 MILLION ACRES IN THE ARCTIC.

MEANWHILE, EXPERTS NOTE THAT RE-OPENING THESE AREAS FOR DRILLING COULD BE LEGALLY COMPLICATED.

DURING TRUMP’S FIRST TERM, HE ISSUED AN EXECUTIVE ORDER THAT AIMED TO REVERSE A SIMILAR DRILLING BAN IMPOSED BY FORMER PRESIDENT BARACK OBAMA-

HOWEVER, THE ATTEMPT WAS BLOCKED BY A DISTRICT JUDGE WHO DEEMED IT UNLAWFUL.

THE COURT RULED THAT WHILE THE OUTER CONTINENTAL SHELF LANDS ACT ALLOWS PRESIDENTS TO RESTRICT DRILLING IN CERTAIN AREAS-

IT DOES NOT EXPLICITLY GRANT THEM THE AUTHORITY TO REVOKE SUCH PROTECTIONS.

THE TRUMP ADMINISTRATION ARGUED LANGUAGE IN THE LEGISLATION STATED A PRESIDENT MAY QUOTE “FROM TIME TO TIME” WITHDRAW UNLEASED LANDS-

SAYING THIS CARRIED WITH IT PRESIDENTIAL AUTHORITY TO REVISE PRIOR WITHDRAWAL DECISIONS.

THE JUDGE DISAGREED-

RULING THAT UNDER THE LAW ONLY CONGRESS HOLDS THE POWER TO OVERTURN WITHDRAWLS OF LAND.

BEFORE THAT CASE COULD MAKE ITS WAY THROUGH THE APPEALS PROCESS, BIDEN TOOK OVER IN THE WHITE HOUSE, AND ON HIS FIRST DAY REVERSED THE ORDER-

RENDERING FURTHER LITIGATION MOOT.

BUT TRUMP’S RE-ELECTION IS LIKELY TO RENEW THIS LEGAL DEBATE.

TO GET MORE STORIES ABOUT HOW TRUMP’S RECENT EXECUTIVE ORDERS ARE CHANGING THE U.S. ENERGY SECTOR, DOWNLOAD THE STRAIGHT ARROW NEWS APP AND SIGN UP FOR ALERTS FROM ME- JACK AYLMER.