Advertisements
Home News Lawsuit Challenges Biden’S 627 Million-Acre Offshore Drilling Ban

Lawsuit Challenges Biden’S 627 Million-Acre Offshore Drilling Ban

by Celia

A coalition of Republican-led states and energy industry groups has filed a lawsuit against the Biden administration, contesting two presidential memoranda that withdraw over 627 million acres of offshore waters from future oil and gas leasing. The lawsuit, filed in the U.S. District Court for the Western District of Louisiana, argues that the president’s action exceeds his authority under the Outer Continental Shelf Lands Act (OCSLA) and violates constitutional principles, such as the separation of powers and the Property Clause.

Advertisements

The plaintiffs, which include Louisiana, Alabama, Alaska, Georgia, and Mississippi, along with the American Petroleum Institute and Gulf Energy Alliance, contend that the withdrawal of these offshore areas will have a devastating impact on their economies. These states rely heavily on revenue generated from offshore energy leases, and the plaintiffs argue that the Biden administration’s move could lead to substantial job losses in the offshore oil and gas sector.

Advertisements

The lawsuit claims that the withdrawals unlawfully undermine the states’ ability to manage their economic and environmental priorities. The petitioners assert that Congress, when enacting OCSLA, specifically recognized the importance of balancing state interests with the development of offshore resources, and the executive branch‘s actions should not bypass this critical balance.

Advertisements

The plaintiffs further argue that President Biden’s decision represents an unconstitutional delegation of legislative power. Under the U.S. Constitution’s Property Clause, Congress is granted exclusive authority to regulate federal lands and resources. The plaintiffs contend that while OCSLA grants the president the power to withdraw areas from leasing, it does not provide the president with the authority to make such withdrawals permanent without explicit Congressional approval. They claim that the memoranda, which prohibit leasing indefinitely, go beyond the president’s legal powers under OCSLA.

The lawsuit also highlights concerns that the president’s sweeping authority to withdraw vast offshore areas without clear guidelines could lead to an overreach of executive power. The plaintiffs argue that the absence of meaningful limits on presidential discretion poses a significant risk, as it grants the president virtually unlimited authority to prevent leasing at will.

This legal challenge is part of ongoing litigation against the Biden administration’s efforts to halt oil and gas leasing. In 2022, a similar court ruling blocked a temporary pause on leasing, marking the latest chapter in the debate over the federal government’s role in regulating offshore energy development.

The plaintiffs are seeking an injunction to prevent the enforcement of the withdrawal orders, which they argue will have long-lasting negative effects on both state economies and the nation’s energy industry.

Read more:

Advertisements

You may also like

logo

Bilkuj is a comprehensive legal portal. The main columns include legal knowledge, legal news, laws and regulations, legal special topics and other columns.

「Contact us: [email protected]

© 2023 Copyright bilkuj.com