President Joe Biden has signed a historic executive order banning new offshore oil and gas drilling across 625 million acres of US waters, covering large parts of the Atlantic and Pacific oceans, the eastern Gulf of Mexico, and portions of Alaska’s northern Bering Sea. This sweeping action, one of Biden’s final policy moves, is designed to permanently safeguard vast marine ecosystems and is expected to be difficult for President-elect Donald Trump to overturn.
A Historic Ban
Biden’s decision builds on the 1953 Outer Continental Shelf Lands Act, which grants presidents the authority to protect federal waters from future oil and gas leasing. The law, however, does not provide explicit mechanisms for revoking such protections, creating a significant legal and political hurdle for Trump should he attempt to reverse the policy.
The newly protected areas encompass critical habitats for marine life and coastal ecosystems. “Drilling off these coasts could cause irreversible damage to places we hold dear and is unnecessary to meet our nation’s energy needs,” Biden stated. He cited the catastrophic 2010 Deepwater Horizon oil spill in the Gulf of Mexico as an example of the environmental risks the ban seeks to mitigate.
Minimal Impact on Energy Supply
Despite criticism from the oil and gas industry, analysts suggest the ban will have limited economic impact. Existing offshore rigs in the Gulf of Mexico, which account for the bulk of US offshore production, will continue operating. Offshore projects typically take years to develop, and the newly restricted areas are not currently central to US energy production.
Tom Kloza, global head of energy analysis at the Oil Price Information Service, remarked, “This move is not particularly consequential for US oil exploration and production going forward.” Biden echoed this sentiment, asserting that the ban aligns with the US’s energy needs while preserving environmental and economic stability for coastal communities.
Industry and Political Backlash
The oil industry has strongly opposed the decision, with the Independent Petroleum Association of America (IPAA) calling it a “catastrophic attack” on the sector’s potential for future exploration. Ron Neal, chairman of IPAA’s offshore committee, warned that the ban could weaken the long-term viability of the oil and gas industry, limiting new opportunities for development.
Trump’s incoming administration has vowed to challenge the ban. Speaking in a radio interview, Trump dismissed Biden’s move as “ridiculous” and pledged to reverse it. However, doing so would require congressional approval to amend the 1953 law—a significant challenge given the need for bipartisan support. Trump’s incoming press secretary, Karoline Leavitt, criticised the decision as “political revenge,” promising a return to Trump’s pro-drilling policies.
A Bipartisan History of Coastal Protection
Biden’s actions follow a bipartisan tradition of safeguarding sensitive coastal areas. Notably, Trump himself extended a moratorium on offshore drilling in the eastern Gulf of Mexico and expanded it to parts of the Atlantic coasts of Florida, Georgia, and South Carolina during his presidency. Environmental groups such as Oceana have praised Biden’s decision, highlighting its role in protecting marine ecosystems and reducing the risk of future oil spills.
“President Biden’s new protections add to this bipartisan history,” said Joseph Gordon, Oceana’s campaign director. “Our treasured coastal communities are now safeguarded for future generations.”
Legal Precedents and Challenges
If Trump seeks to overturn the ban, he may face significant legal hurdles. During his first term, Trump attempted to reverse similar protections imposed by President Barack Obama but was blocked by a federal court in Alaska. The court ruled that such reversals require congressional approval—a step Trump was unable to secure.
Amending the 1953 Outer Continental Shelf Lands Act to allow presidential reversals would require at least 60 votes in the Senate, a daunting prospect given the divided political landscape. Even among Republicans, support for offshore drilling is not universal, with many lawmakers wary of the environmental and economic risks associated with oil spills.
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