How Biden Uses 1950s Law to Enforce Lasting Oil Drilling Restrictions

Man speaking at Biden campaign rally

President Biden’s new environmental policy is leveraging historical legislation to ban oil drilling across federal waters permanently—leaving us wondering how it will reshape America’s energy landscape.

At a Glance

  • Biden plans to use the Outer Continental Shelf Lands Act for a permanent drilling ban.
  • Existing leases remain unaffected, mainly targeting future possibilities.
  • The decision could have significant economic implications for states reliant on oil revenues.
  • The ban aims to mitigate greenhouse gas emissions and combat climate change.

Strategic Use of a 1953 Legislation

Biden’s administration employs the 1953 Outer Continental Shelf Lands Act to withdraw federal waters from future oil and gas leasing. This strategic move highlights the administration’s intent to create enduring environmental changes using legal frameworks that blend history with modern objectives. The act does not offer future presidents an easy mechanism for reversing such a decision, ensuring its permanence.

Historical precedent plays a crucial role in this development. Previously, President Obama invoked the same act to safeguard parts of the Arctic and Atlantic Oceans. A federal court supported the ban’s resilience against unilateral presidential reversals, confirming its robustness against administrative fluctuations. Such historical examples demonstrate the administrative foresight evident in Biden’s current policy.

Economic and Environmental Impacts

The economic implications of Biden’s drilling ban are significant. In Fiscal Year 2019, federal leasing generated $4.2 billion in royalties, benefitting state budgets—New Mexico, in particular, relies heavily on revenue from these activities. The administration aims to mitigate such impacts by emphasizing renewable energy sector growth as a viable alternative to oil and gas dependency. This transition aligns with broader efforts to curb greenhouse gas emissions from federal lands.

“President Biden is expected to permanently ban new oil and gas drilling in large sections of the Atlantic and Pacific oceans, as well as other federal waters, in a way that could be difficult for the Trump administration to unwind, according to two people familiar with the plans.”

Biden’s approach also addresses longstanding criticisms of the federal oil and gas leasing system. Reports have highlighted the industry’s exploitation of public resources and regulatory systems, advocating reforms to prioritize ecological responsibility. The administration’s strategies focus on holding companies accountable and transforming federal lands’ contribution from emissions-heavy drilling to green energy production.

Legal and Political Considerations

President Biden’s maneuver underscores the intertwining of legal and political considerations in environmental policy. By reinforcing decisions within established statutory frameworks, the administration safeguards its agenda against potential political reversals. This precedent ensures environmental protections are not easily dismantled amid political shifts, emphasizing the need for resilient legal groundwork in policy formation.

“Mr. Biden intends to invoke an obscure provision of a 1953 law, the Outer Continental Shelf Lands Act, that would give him wide latitude to withdraw federal waters from future oil and gas leasing, said the people.”

The approach not only demonstrates the administration’s commitment to green policies but also reflects a broader strategy of embedding sustainable principles across future governmental actions. As the discourse around environmental legislation evolves, Biden’s permanent oil drilling ban represents a seminal moment in balancing heritage legal structures with contemporary policy directives.

Sources

1. Biden Expected to Permanently Ban Oil Drilling in Some Federal Waters

2. The Ins and Outs of Biden’s Federal Oil Leasing Ban