Judge Says Biden Exceeded His Authority With Offshore Drilling Ban

A federal judge has reversed a last-minute effort by former President Joe Biden to permanently ban drilling off several sections of the U.S. coast.

Louisiana District Court Judge James D. Cain Jr. on Thursday ruled Biden exceeded his authority by issuing the order in a way that attempted to prevent future presidents from reversing it. Cain also said that similar efforts by former President Barak Obama were illegal.

On Jan. 6, Biden issued an order banning oil and gas leasing in federal waters off the East and West coasts, the eastern Gulf of Mexico and parts of Alaska. Biden ordered the ban to remain in effect “for a period of time without specific expiration.”

The order was immediately challenged in court by the states of Louisiana, Alabama, Alaska, Georgia and Mississippi, as well as the American Petroleum Institute and the Gulf Energy Alliance.

President Donald Trump rescinded the withdrawal upon taking office on Jan. 20, and that move is being challenged by environmental groups.

In his ruling, Cain said that while other presidents in the past have sought to protect offshore waters, only Biden and Obama sought to make the protections permanent.

He said the federal Outer Continental Lands Act used by the two to order the withdrawals “establishes that withdrawals must be subject to reversal or modification.”

“To the extent these were indeed supposed to overcome the power of subsequent executives to revoke or modify their withdrawals, they constituted a departure from the executive branch’s longstanding practice and exceed the authority granted,” the judge wrote.

In a statement Friday, API Senior Vice President and General Counsel Ryan Meyers praised the ruling, saying it “marks another important step in advancing a robust new five-year offshore leasing program and ensuring the U.S. can meet rising energy demand.”

Reporting by Steve Cronin, scronin@opisnet.com; Editing by Michael Kelly, mkelly@opisnet.com