The Outer Continental Shelf Lands Act: Protecting America’s Oceans and Oceans, and Implications for Future Oil and Gas Exploration

Biden, who is leaving office within a fortnight, said he is using the authority granted to him under the Outer Continental Shelf Lands Act to prevent future oil and gas exploration in areas along the East and West coasts.

“Even if there’s no immediate interest in some areas, it’s crucial for the federal government to maintain the flexibility to adapt its energy policy, especially in response to unexpected global changes like the Russian invasion of Ukraine,” Erik Milito, the president of a trade group representing offshore energy development, said in a statement. Bans serve to transfer energy production and economic opportunities abroad.

Green groups, meanwhile, celebrated the announcement. “We see this as an epic ocean victory,” says Joseph Gordon, the campaign director for Oceana. It’s a commitment to make the corner from fossil fuels to clean energy. And we hope that millions of Americans who live near the ocean or visit or see places on the map protected today … can take comfort knowing that those places will never be subject to offshore drilling and they’ll never [experience] an oil spill like Deepwater Horizon,” the devastating 2010 BP spill in the Gulf of Mexico.

This is, of course, a familiar divide, with industry representatives on one side and environmental groups on the other. For his part, Biden rejected that framing. He said in his statement that they do not need to choose between protecting the environment and growing the economy. “Protecting America’s coasts and ocean is the right thing to do.”

Trump tried to reverse it, after former president Barack Obama took a similar action late in his administration. Courts decided that the Outer Continental Shelf Lands Act allowed the president to protect waters indefinitely, without having to remove that protection.

Kevin Book says this doesn’t mean that the Trump administration isn’t able to reverse these protections. “The administration, having done this once before, will probably look to a congressional pathway as a means of resolution,” he says.

There is a chance that a budget reconciliation bill will lead to reopening these acres to oil development. To follow through on Trump’s campaign pledges, offshore oil lease auctions make money for the government, so that’s an attractive way to do it.

As early as this year, some of these protections may be rolled back, with Republicans in Congress promising a reconciliation bill this summer.

The Trump-Biden Action: Protecting the Coasts, Protect Our Children, and For the Future of the American Energy-Dominated Economy

Biden said that drilling off the coast could cause irreversible damage to places and that it was unnecessary to meet America’s energy needs.

“As the climate crisis continues to threaten communities across the country and we are transitioning to a clean energy economy, now is the time to protect these coasts for our children and grandchildren,” he said.

After initially moving to vastly expand offshore drilling, Trump retreated amid opposition from several coastal states.

He wants to establish what he calls American energy dominance around the world and move away from Biden’s focus on climate change.

Environmentalists hailed Biden’s action as they said new oil and gas drilling must be sharply curtailed to reduce greenhouse gas emissions. The year was hottest in history.

Gordon thanked Biden “for listening to the voices from coastal communities” that oppose drilling and “contributing to the bipartisan tradition of protecting our coasts.”

The spokeswoman stated that Biden’s action was “designed to exact political revenge on the American people who voted for the President to increase drilling and lower gas prices.” We will drill, baby, drill, as long as Joe Biden fails.

A five-year drilling plan approved in 2023 includes proposed offshore sales in 2025, 2027 and 2029. The three lease sales are the minimum number the Democratic administration could legally offer if it wants to continue expanding offshore wind development.