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offshore drilling
In First Major Climate Challenge to Trump 2.0, Groups Work to Block Offshore Drilling Once Again
Climate campaigners defeated the president's offshore drilling push during his first term, and they are pledging to do so again.
Feb 21, 2025
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."
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Biden Tried to Protect the Vulnerable Bering Sea; Will It Work?
The climate emergency has led to dramatic changes for Alaska fish and wildlife and for the subsistence-based communities of the Arctic who depend on these creatures for their survival.
Jan 22, 2025
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.
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'Epic Ocean Victory': Biden Permanently Bans Offshore Drilling Across 625 Million Acres
The authority President Joe Biden used could make it difficult for the incoming Trump administration to reverse the sweeping drilling ban.
Jan 06, 2025
Outgoing President Joe Biden on Monday moved to permanently ban offshore oil and gas drilling across more than 625 million acres of U.S. coastal territory, protecting swaths of the East Coast, the eastern Gulf of Mexico, the Pacific, and Alaska's Northern Bering Sea from fossil fuel exploitation just before President-elect Donald Trump is set to retake power.
Biden said in a statement that his decision "reflects what coastal communities, businesses, and beachgoers have known for a long time: that drilling off these coasts could cause irreversible damage to places we hold dear and is unnecessary to meet our nation's energy needs."
Invoking the 2010 Deepwater Horizon oil spill—the largest in U.S. history—Biden said future drilling off the coasts he's seeking to protect "is not worth the risks." Recent polling indicates that a majority of the American public agrees: 64% support action to shield U.S. coastlines from new offshore drilling, according to a 2024 survey conducted by Ipsos on behalf of the advocacy group Oceana.
"As the climate crisis continues to threaten communities across the country and we are transitioning to a clean energy economy," the president said Monday, "now is the time to protect these coasts for our children and grandchildren."
Biden's move comes just two weeks before Trump, a fervent champion of fossil fuel drilling, is set to be sworn in as the nation's 47th president. During his first term in office, Trump moved to expand offshore drilling to nearly all U.S. coastal waters before temporarily banning drilling off the coasts of Florida, Georgia, and South Carolina in 2020.
The far-right Project 2025 agenda crafted by members of Trump's first administration calls for a major increase in offshore fossil fuel drilling.
"Our treasured coastal communities are now safeguarded for future generations."
While Trump and his proposed Cabinet—which is stacked with allies of the oil and gas industry—are expected to aggressively roll back climate protections put in place by the Biden administration, the outgoing president's new executive action could have staying power.
In a fact sheet, the White House said Biden is using his authority under Section 12(a) of the Outer Continental Shelf Lands Act to "protect all U.S. Outer Continental Shelf areas off the East and West coasts, the eastern Gulf of Mexico, and additional portions of the Northern Bering Sea in Alaska from future oil and natural gas leasing." The withdrawals, according to the White House, "have no expiration date, and prohibit all future oil and natural gas leasing in the areas withdrawn."
As The Washington Postobserved, "A federal judge ruled in 2019 that such withdrawals cannot be undone without an act of Congress."
"Sen. Mike Lee (R-Utah), the new chairman of the Senate Energy and Natural Resources Committee, suggested that he would seek to overturn the decision using the Congressional Review Act, which allows lawmakers to nullify an executive action within 60 days of enactment with a simple majority vote," the Post added.
A spokesperson for Trump's transition team called Biden's action "disgraceful," adding, "Rest assured, Joe Biden will fail, and we will drill, baby, drill."
Predictably, the fossil fuel lobby also denounced Biden's executive action and implored lawmakers to "use every tool at their disposal to reverse this politically motivated decision."
While Biden has faced criticism from environmentalists throughout his four-year term for approving drilling permits in the face of intensifying climate chaos in the U.S. and around the world, advocates celebrated the president's latest executive action as a critical win.
"This is an epic ocean victory!" said Joseph Gordon, campaign director at Oceana. "Thank you, President Biden, for listening to the voices from coastal communities and contributing to the bipartisan tradition of protecting our coasts."
"Our coastlines are home to millions of Americans and support billions of dollars of economic activity that depend on a clean coast, abundant wildlife, and thriving fisheries," Gordon added. "Our treasured coastal communities are now safeguarded for future generations."
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