Biden Set to Order Ban on New Offshore Oil and Gas Development
President Joe Biden is poised to take a significant step towards reducing the nation’s reliance on fossil fuels, as he prepares to announce a ban on new offshore oil and gas development across approximately 625 million acres of US coastal territory. This move will effectively rule out the sale of drilling rights in Atlantic and Pacific waters, as well as the eastern Gulf of Mexico.
A Sweeping Effort to Protect Coastal Waters
The decision is part of a broader effort by Biden to permanently protect coastal waters and the communities that depend on them from fossil fuel development and the risk of oil spills. While this move will undoubtedly have long-lasting implications for the nation’s energy landscape, it also reflects Biden’s commitment to addressing climate change and promoting conservation.
A Strategic Approach
The planned proclamation is a masterful blend of muscle and strategy. By indefinitely protecting certain areas that have been jointly pushed by Republican and Democratic politicians to remain free from drilling, while maintaining a path open for new oil lease sales in the central and western Gulf of Mexico, Biden’s administration has struck a delicate balance.
A 72-Year-Old Provision
The decision is rooted in a 72-year-old provision of federal law that gives presidents broad discretion to withdraw US waters from oil leasing without explicitly authorizing revocations. This provision has been invoked by previous administrations, including those led by both parties, to protect sensitive areas such as coral reefs and walrus feeding grounds.
A Legal Framework
While presidents have modified decisions made by their predecessors to exempt areas from oil leasing, courts have never validated a complete reversal of such actions. This means that Biden’s planned proclamation is likely to withstand any potential challenges in the courts.
Lobbying Efforts
Congressional Democrats and environmental groups had lobbied Biden to maximize permanent protections against offshore drilling to safeguard vulnerable coastal communities, protect marine ecosystems from oil spills, and combat climate change. Some environmental activists were divided on the best approach, concerned that a too-broad declaration could jeopardize a legal tool that has been used to conserve special marine areas since 1953.
A Balanced Approach
The planned proclamation is not without its complexities. It will not affect drilling and other activity on existing leases, while keeping a path open for Republican lawmakers to order more central and western Gulf oil lease sales as a way to raise revenue that could offset the cost of extending tax cuts.
A Lasting Impact
Biden’s move would wall off parts of the eastern Gulf and southern Pacific where the first US offshore oil well was drilled in 1896 and where platforms still produce crude today, even though the last lease sale was in 1984. Oil companies have shown less appetite for exploring along the US East Coast, where they would confront uncertainty, limited infrastructure, and steep opposition from nearby communities.
Environmental Concerns
Environmentalists say Biden’s planned move aligns with growing public interest in limiting offshore oil drilling. Ben Jealous, executive director of the Sierra Club, stressed that "there will never be a safe way to desecrate our waters," but added that using "the same authority used by his three immediate predecessors, President Biden is acting to safeguard the public health of coastal communities from the dangers of offshore drilling."
A Reversal Possible?
Trump’s transition team has panned the plan, calling it "a disgraceful decision designed to exact political revenge on the American people who gave President Trump a mandate to increase drilling and lower gas prices." However, Trump could order a reversal of Biden’s action, just as he tried to revoke President Barack Obama’s withdrawals during his first term in office. That attempt was rejected by a federal district court in 2019, and no appeals court has ever ruled on the matter.
A Long-Term Impact
Some oil industry advocates have expressed concerns that new restrictions will limit US energy might, coming ahead of an expected surge in electricity demand from data centers, artificial intelligence, and manufacturing. Offshore energy development powers a long chain of economic activity that extends far from US coastlines, they argue, and oil and gas extracted in America yields less planet-warming pollution than elsewhere around the world.
Conclusion
Biden’s planned proclamation marks a significant step towards reducing the nation’s reliance on fossil fuels and promoting conservation. While it is likely to face challenges from various stakeholders, including the oil industry and some environmental groups, the decision reflects Biden’s commitment to addressing climate change and protecting vulnerable coastal communities. As the nation continues to navigate the complexities of energy policy, this move serves as a reminder of the importance of balancing economic and environmental concerns.
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