Biden Tried to Protect the Vulnerable Bering Sea; Will It Work?

In early January, as one of his last acts in office, former U.S. President Joe Biden banned future offshore oil and gas drilling on more than 625 million acres of U.S. coastal waters including the entire East Coast, West Coast, and the eastern Gulf of Mexico as well as the northern Bering Sea.

He did this using presidential powers granted under the Outer Continental Shelf Lands Act of 1953, which in 2019 a federal judge in Alaska ruled cannot be rescinded by a future president. This means, despite his day one executive order reversing Biden’s order, President Donald Trump will likely have to get Congress to pass legislation negating this drilling ban. Three Republican congressmen from Louisiana and Texas have already introduced legislation to do that, but may have a hard time getting fellow Republicans from states like South Carolina and Florida—where anti-drilling sentiment is strong—to go along.

It’s pretty clear why Biden did what he did, first to thwart Trump’s “Drill Baby Drill” energy plan and to burnish his own environmental legacy. What is less clear to most people is why he included 44 million acres of the Northern Bering Sea off of Alaska in the drilling ban.

“Everything’s declining, even our (summer) moss berries, cloud berries, everything.”

As a Biden White House fact-sheet explained it: “The Northern Bering Sea Climate Resilience Area was established in 2016 and includes one of the largest marine mammal migrations in the world—beluga and bowhead whales, walruses, and seals… the health of these waters is critically important to food security and to the culture of more than 70 coastal Tribes, including the Yup’ik, Cup’ik, and Inupiaq people who have relied on these resources for millennia.”

So, what’s the Northern Bering Sea Climate Resilience Area? Established by President Barack Obama in December of 2016, it was an attempt to meet the concerns of both Alaska Natives and environmental scientists studying the rapidly changing conditions they were witnessing. Alaska and its waters are today warming two to three times faster than the rest of the world due to a climate phenomenon known as “Arctic amplification,” linked to vanishing sea ice. As the Arctic Ocean ice cover that reflects solar radiation back into space has retreated, the dark ocean waters exposed absorb ever greater amounts of heat leading to 2024 being listed as the hottest year on record going back to 1850. 2023 was the previous hottest year. The 10 warmest years have all occurred in the last decade.

This has led to dramatic changes for the fish and wildlife and for the subsistence-based communities of the Arctic who depend on these creatures for their survival. For example, a study published last month found that 4 million common murres, a seabird that frequents the area, recently died as the result of a marine heatwave. This was about half the state of Alaska’s population, and may be the largest documented die-off of a single species of wild bird.

The Bering Sea’s Alaska Native communities—some 70 federally recognized tribes—first requested action under Obama and got both a ban on destructive bottom trawl fishing in the 113,000-square-mile resilience area and a ban on oil drilling in about half the area (rescinded by Trump during his first term and now fully protected by Biden under the Lands Act), also a commitment for the Coast Guard to restrict shipping channels in areas where native communities are involved in fishing, hunting, and whaling (still not finalized by the Coast Guard) and a pledge to consult with these same communities moving forward. Three leading Alaska Native organizations—Kawerak, Inc., the Association of Village Council Presidents, and the Bering Sea Elders Group—released a joint statement on the day Biden acted expressing their “deepest appreciation and gratitude” to him for protecting waters that President Trump hopes to reopen to oil drilling.

I recently interviewed two women from St. Paul Island in the Pribilof Islands, about 300 miles off the Alaskan mainland in the Bering Sea. Destiny Bristol Kushin is a 20-year-old college student working toward an associate degree in environmental sciences, and her grandmother Zinaida Melovidov is an elder who has lived on the island, with a population of just under 400 people, most of her life. They both talked about the decline of the murres that were hunted for meat and whose eggs were collected on a nearby island where they’ve all but disappeared since the die-off.

“Everything’s declining, even our (summer) moss berries, cloud berries, everything,” Melovidov worries.

“Even in the last 20 years since I was born, you can see the differences in the environment, especially with the seasons. Our summers will be later and foggy where they used to be sunny,” Kushin notes. “Our winters aren’t as snowy. It’s mostly wet now, like rain and snow all during the winter time.”

I’ve heard similar concerns about climate impacts on lives and livelihoods from Alaska Natives in the Aleutians and Southwest Alaska whose villages are also at risk from erosion, flooding, and thawing permafrost.

Even if Biden’s drilling ban in the Bering Sea stands the test of Trump, other threats will remain including oil spills from Russian tankers passing through the 55-mile-wide Bering Strait between Alaska and Russia delivering oil to China via Russia’s Northern Sea Route of retreating Arctic ice. Russia’s oil trade with China has increased since Western sanctions were imposed following its 2022 invasion of Ukraine. Reflecting these tensions around oil, in 2023 the Russians refused to participate with the U.S. Coast Guard in a joint oil spill response exercise.

Even with drilling protections for coastal America, the U.S. will remain the world’s leading oil and gas producer, including the 14% of national production that comes from the western Gulf of Mexico where the 2010 BP Deepwater Horizon oil spill disaster took place.

And, with President Trump’s commitment to produce ever more fossil fuels that drive climate disruption and contribute to extreme weather events from heatwaves in the Arctic to the Los Angeles’ firestorms, our problems with oil and gas remain far from over.