Republican States Sue Biden Administration Over Ban On Offshore Drilling Along U.S. Coastlines

A group of Republican-led states and energy industry organisations have filed a lawsuit against President Joe Biden’s administration, opposing its decision to ban new offshore oil and gas drilling along most U.S. coastlines.

The lawsuit, filed on Friday, seeks to overturn the ban and adds that the president does not have the authority to impose such restrictions on offshore drilling.

The lawsuit was filed in the U.S. District Court for the Western District of Louisiana. The plaintiffs include the states of Louisiana, Alabama, Alaska, Georgia, and Mississippi, along with two trade groups-the American Petroleum Institute (API) and the Gulf Energy Alliance.

These plaintiffs argue that the ban will harm local economies that depend on revenue from offshore drilling, particularly in industries related to oil and gas production.

On January 6, President Biden announced the ban, which affects 625 million acres (253 million hectares) of ocean, including parts of the Atlantic and Pacific Oceans.

The ban would not impact areas where oil and gas development is already taking place. It mainly covers areas where there are no major oil and gas prospects. Biden said the ban will help them fight climate change by protecting the environment.

However, the states and groups filing the lawsuit say that Biden’s actions exceed his authority. They claim that the power to ban offshore drilling lies with the U.S. Congress, not the president.

The plaintiffs argue that Biden’s decision violates the Outer Continental Shelf Lands Act (OCSLA), which allows the president to withdraw areas from offshore leasing but does not give him the power to permanently ban drilling in these areas without congressional approval.

The lawsuit also says that the president’s actions violate the U.S. Constitution. Specifically, the plaintiffs argue that the president’s withdrawal of over 627 million acres of ocean from future leasing violates the Property Clause of the U.S. Constitution, which grants Congress the exclusive authority to regulate federal lands and resources.

The plaintiffs argue that the president is overstepping his authority by removing these areas from leasing “forever” without the consent of Congress.

The plaintiffs further add that the president’s actions are unconstitutional because they give him near-unlimited discretion to ban offshore drilling at any time and for any reason.

They argue that OCSLA’s provision allowing the president to withdraw areas from leasing lacks clear limitations or criteria, leading to an unconstitutional delegation of power to the executive branch.

In their lawsuit, the plaintiffs are seeking an injunction to block the enforcement of the withdrawal orders. This legal action follows previous attempts by the Biden administration to pause oil and gas leasing, which were also opposed in court.

In 2022, a similar case led to a ruling against the Biden administration’s leasing pause.

The Biden administration has not commented on the present lawsuit. President-elect Donald Trump, who will take office on January 20, has said that he will take action to reverse Biden’s offshore drilling ban.

However, his efforts may face legal challenges from environmental groups, who won a similar case in 2017 when Trump attempted to undo Obama-era drilling restrictions.

References: Reuters, Jurist News

Source: Maritime Shipping News