A federal judge has overturned an order issued by former US president Joe Biden to permanently ban offshore oil and gas drilling across several US coastal regions, ruling that the move exceeded presidential authority.
Louisiana District Court judge James D. Cain said Biden acted beyond his powers under the Outer Continental Shelf Lands Act when he ordered an indefinite withdrawal of large portions of federal waters from future leasing.
The order, placed on January 6, prohibited oil and gas leasing off the east and west coasts, parts of Alaska, and the eastern Gulf of Mexico “for a period of time without specific expiration”. In total, Biden blocked off around 2.5m sq km of federal waters.
The judge stated that while presidents can withdraw offshore areas from leasing, such actions must remain reversible by future administrations.
He claimed that the order was “supposed to overcome the power of subsequent executives to revoke or modify their withdrawals” and, in turn, exceeded the authority granted to the executive branch.
The order had been challenged by Louisiana, Alabama, Alaska, Georgia, and Mississippi, alongside the American Petroleum Institute (API) and the Gulf Energy Alliance.
The ruling also casts doubt on similar permanent protections established under former President Barack Obama, which judge Cain said were made under the same legal misinterpretation of the Outer Continental Shelf Lands Act.
It is also highly likely that environmental groups opposing offshore drilling and exploitation will appeal the decision.
The API SVP and general counsel, Ryan Meyers, said that he welcomed the court’s decision to vacate this “politically motivated decision” and that this would “ensure the nation’s vast offshore resources remain a critical source of affordable energy”.
“This ruling marks another important step in advancing a robust new five-year offshore leasing program and ensuring the US can meet rising energy demand,” Meyers stated.
US offshore production accounts for 14% of the country’s total crude oil production, or nearly 2m bopd.
