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Climate campaigners defeated the president's offshore drilling push during his first term, and they are pledging to do so again.
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 majority of Americans support ocean protections from offshore drilling. Trump's executive order to rescind protections from offshore drilling is not just illegal – it's deeply unpopular. We're in court to protect coastal communities, public health, regional economies, and marine ecosystems.
— Earthjustice (@earthjustice.bsky.social) February 21, 2025 at 11:28 AM
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."
Even with oil spill prevention measures, said one advocate, "offshore drilling simply will never be safe."
Environmental advocates on Tuesday said the Biden administration's decision to reinstate offshore drilling safety rules would help undo damage caused by former Republican President Donald Trump's repeal of the regulations, but were clear that the rules would not change the fact that fossil fuel extraction is imperiling ecosystems and the planet.
U.S. Interior Secretary Deb Haaland announced that the rules have once again been finalized and will go into effect in October, governing the use of safety equipment on offshore oil rigs.
The rules were originally put in place by the Obama administration after BP's 2010 Deepwater Horizon disaster, which sent four million barrels of oil into the Gulf of Mexico and killed 11 people, an estimated one million seabirds, and up to five million fish.
The oil and gas industry strongly supported Trump's repeal of the rules, which Kristen Monsell, a senior attorney at the Center for Biological Diversity, said at the time would "make dirty offshore drilling even more dangerous" by making oil spills more likely.
But Jackie Savitz, chief policy officer for the ocean conservation group Oceana, said new safety regulations for drilling operations are no replacement for halting offshore drilling altogether.
"Offshore drilling simply will never be safe," she said. "When there is a spill like Deepwater Horizon, it's too late, our options are severely limited, so prevention is the only solution and this is a good step in that direction."
The reinstated rules are "a big step in getting us back on track" to ensuring there's no repeat of disasters like Deepwater Horizon, Savitz said, but "there is no way we can do enough to prevent an oil spill."
"It is an inherently risky business and it's not a matter of if, but when we will have another one," she added. "So a big part of prevention has to be to stop selling new leases."
The newly reinstated rules will require:
Ahead of the announcement, Zero Hour founder and executive director Zanagee Artis and Taproot Earth national policy director Kendall Dix wrote an op-ed in the Miami Herald, calling on U.S. President Joe Biden to "move the country off of its addiction to fossil fuels by barring new leasing on public lands and waters," as he promised to when he campaigned for the presidency in 2020.
With the Interior Department considering a five-year oil and gas leasing program that would allow the fossil fuel industry to conduct extraction operations in even more areas of the nation's oceans—a proposal expected to be finalized this fall as the revived safety regulations go into effect—"the risk of environmental disaster from offshore drilling is not a question of if disaster will strike, but when," wrote Artis and Dix.
They pointed out that in addition to the International Energy Agency's call for an immediate end to fossil fuel extraction in order to achieve net zero carbon emissions by 2050 and the United Nations' warning that oil and gas drilling are "incompatible with human survival," offshore operations are simply not necessary "to meet the nation's energy needs."
"An analysis by industry experts found that, even without a single new lease offering, oil production in the United States will remain steady into 2035, at which point the nation's transition to renewable energy will be approaching maturity," Artis and Dix wrote.
"We don't need to sell off more of our ocean to Big Oil," they added. "Every oil spill began with an offshore lease sale."
A report from the ocean conservation organization details how the president can still keep a key campaign promise.
Thursday will mark the 13th anniversary of the Deepwater Horizon oil spill, in which a BP drilling rig exploded in the Gulf of Mexico, killing 11 workers and hundreds of thousands of animals. The disaster, one of the worst environmental catastrophes in U.S. history, was an object lesson in the dangers of fossil fuels.
Despite this, President Joe Biden has so far violated his campaign promise to stop further offshore oil and gas drilling, and the Inflation Reduction Act (IRA)—regardless of its status as the most important U.S. climate legislation to date—actually mandates its expansion.
"It's as if we learned nothing from the BP Deepwater Horizon disaster," Oceana campaign director Diane Hoskins said in a statement. "We know that when oil companies drill, they spill. It's not a matter of if there will be another spill, but when. And those spills bring immediate economic and environmental devastation to our coastal communities."
That's why Oceana released a new report Tuesday outlining how Biden can make good on his promise after 2024 without contradicting the terms of the IRA. The report, A Simple Solution: How President Biden Can Meet Offshore Clean Energy Goals and Prevent New Offshore Drilling, comes weeks after the latest update from the Intergovernmental Panel on Climate Change warned that emissions from already existing fossil fuel infrastructure could blow through the carbon budget for limiting global warming to 1.5°C above preindustrial levels, while planned expansion added on top could push the Earth above 2°C.
"President Biden has the responsibility to ensure his administration advances the policies needed to meet the ambitious and necessary climate goals of the United States," the Oceana report authors wrote.
\u201cREAD: Ahead of the 13th memorial of the BP #DeepwaterHorizonSpill, a new @Oceana report outlines how @POTUS can still deliver on his commitment and prevent new leases for offshore drilling #ProtectOurCoast #NoNewLeases https://t.co/F5T0rcCk36\u201d— Oceana (@Oceana) 1681836723
How can he do this? The IRA put up three major stumbling blocks. First, it required the federal government to lease at least 60 million acres of public waters for oil and gas drilling the year before any new offshore wind lease sales. Second, it mandated that 1.7 million acres in the Gulf be leased for oil and gas despite a court ruling that the sale was backed by an insufficient environmental impact statement. Third, it set deadlines for additional lease sales in Alaska and the Gulf for 2022 and 2023.
However, Biden can still honor his campaign promise for 2024 and beyond through his administration's proposed five-year plan for oil and gas drilling , the final draft of which is expected this coming September. The initial proposed program, released last July, floated various options for lease sales for 2023-28, from zero to 10 in the Gulf of Mexico and potentially one in Cook Inlet, Alaska. Oceana hopes the final proposal will stick with zero.
"President Biden has a window now—where he can both abide by the Inflation Reduction Act and honor his campaign commitment—by issuing a five-year plan that includes no new offshore oil and gas leases," Hoskins said.
In addition, Oceana said that the Biden administration could exceed its goal of developing 30 gigawatts of offshore wind power by 2030 without additional oil and gas lease sales, since the sales already planned for 2022 and 2023 would allow offshore wind leasing to proceed through much of 2024. The group further called on Congress to pass legislation reversing the IRA stipulation tying offshore wind development to oil and gas and on Biden to permanently protect more vulnerable coastal areas from offshore drilling by using his powers under Section 12(a) of the Outer Continental Shelf Lands Act.
There are many arguments in favor of banning offshore oil and gas drilling from 2024. As the Deepwater Horizon spill proved, it's incredibly dangerous, killing an average of three workers a year. It contributes to the climate crisis: A recent study found that methane emissions from Gulf drilling were double previous estimates and that stopping its spread and boosting the renewable energy transition would cut global greenhouse gas emissions by 6.9 billion tons a year by 2050. In the U.S. alone, preventing new drilling in federal waters could keep more than 19 billion tons of greenhouse gas emissions from entering the atmosphere, which is almost three times more than what the nation emits each year.
"Every new offshore well drilled is another BP Deepwater Horizon disaster waiting to happen."
Then there are the local impacts. The Deepwater Horizon spill spewed 200 millions of gallons of oil into the Gulf and polluted 1,300 miles of shoreline from Texas to Florida. This devastated ecosystems and human communities, triggering the Gulf's largest-known die-off of marine mammals and costing the seafood industry nearly $1 billion. As is common for environmental disasters, the impacts disproportionately harmed marginalized communities. Around 50 million pounds of oil waste from the cleanup—approximately half of the total—were dumped into communities of color.
The spill's legacy persists today in destroyed wetlands and 60 million lingering gallons of oil. And it's only one incident. Between 2010 and 2020, the oil industry averaged nearly two spills per day.
"Every new offshore well drilled is another BP Deepwater Horizon disaster waiting to happen," the Oceana report authors wrote. "Continuing to expand oil and gas development is reckless and irresponsible."
It's also unpopular. A poll released today by coalition Protect Our Coast found that 50% of voters support a ban on new offshore drilling and two-thirds prefer the government prioritize wind and solar developments over oil and gas drilling.
"The data makes clear that American voters prefer expanding clean energy over expanding offshore oil and gas drilling," Lake Research Partners President Celinda Lake said in a statement. "From the Gulf Coast to the eastern seaboard, most voters want to prevent more offshore drilling and protect our coasts from the impacts it has on coastal communities, marine life, and seafood fishing. The Administration can strongly appeal to young people and Democrats by taking action to prevent new offshore oil and gas drilling."