Climate advocates are expressing confidence as they file the first major environmental legal challenges to U.S. President Donald Trump's administration, with the legal group Earthjustice noting that campaigners were victorious during Trump's first term when they sued to stop him from gutting protections from offshore oil drilling.
"We defeated Trump the first time he tried to roll back protections and sacrifice more of our waters to the oil industry," said Earthjustice managing attorney Steve Mashuda on Wednesday as the organization filed a challenge against an executive order Trump signed on his first day of his new White House term. "We're bringing this abuse of the law to the courts again."
Trump urged oil and gas companies—which poured nearly $450 million into efforts to get him and other anti-climate Republicans elected last year—to "drill, baby, drill" as he signed the order hours into his second term.
The order rolled back former Democratic President Joe Biden's ban on offshore drilling over more than 625 million acres of coastal territory, including parts of the Gulf of Mexico that were impacted by BP's Deepwater Horizon oil spill in 2010, which killed 11 people and devastated local ecosystems and businesses.
"Trump tried this illegal move to undo protections during his first administration, and he failed. We will keep working to ensure he won't be any more successful this time around."
As Common Dreamsreported in January, Biden invoked the Outer Continental Shelf Lands Act to protect areas of the U.S. coasts from future oil and gas leasing, and a federal judge ruled in 2019 that withdrawals under the law cannot be revoked without an act of Congress.
"When nearly 40% of Americans live in coastal counties that rely on a healthy ocean to thrive, removing critical protections shows how little care Trump has for these communities," said Devorah Ancel, senior attorney at Sierra Club, which joined the lawsuit along with climate groups Oceana, Greenpeace, the Northern Alaska Environmental Center, and other organizations. "Trump tried this illegal move to undo protections during his first administration, and he failed. We will keep working to ensure he won't be any more successful this time around."
Earthjustice noted that a poll conducted by Ipsos last year on behalf of Oceana found that 64% of Americans want elected officials to keep offshore areas off-limits for new oil and gas leasing. Climate scientists have consistently warned that new fossil fuel projects have no place on a pathway to limiting planetary heating to 1.5°C or as close to it as possible.
The possibility of fossil fuel drilling near coastal communities threatens "the health and economic resilience of millions of people who rely on clean and healthy oceans for everything from tourism to commercial fishing," said Earthjustice.
Trump is pushing to open up new areas for offshore drilling even as fossil fuel production in the U.S. has surged to record highs in recent years. He has claimed the country faces an "energy emergency" even as the oil industry has not yet begun drilling in 80% of the millions of public acres of water where it already holds leases.
"Trump's putting our oceans, marine wildlife, and coastal communities at risk of devastating oil spills and we need the courts to rein in his utter contempt for the law," said Kristen Monsell, oceans legal director at the Center for Biological Diversity, which is also involved in the legal action. "Offshore oil drilling is destructive from start to finish. Opening up more public waters to the oil industry for short-term gain and political points is a reprehensible and irresponsible way to manage our precious ocean ecosystems."
In a separate legal challenge, several climate action groups are asking the U.S. District Court for the District of Alaska to reinstate a 2021 federal ruling that blocked Trump from rolling back offshore protections that had been introduced by the Obama administration in the Atlantic and Arctic Oceans.
"The Arctic Ocean has been protected from U.S. drilling for nearly a decade, and those protections have been affirmed by the federal courts," said Sierra Weaver, senior attorney at Defenders of Wildlife. "Though these coastlines have been protected, the administration is showing no restraint in seeking to hand off some of our most fragile and pristine landscapes for the oil industry's profit."
