Skip to content
Search AI Powered

Latest Stories

Obama's Parting Shot Might Be A Permanent Save

Obama's Parting Shot Might Be A Permanent Save
President Barack Obama walks across the South Lawn of the White House from Marine One, Tuesday, March 29, 2016, in Washington, as he returns from Atlanta where he participated in a discussion at the National Rx Drug Abuse & Heroin Summit. (AP Photo/Carolyn Kaster)
Make us preferred on Google

President Barack Obama announced yesterday what he called a permanent ban on new oil and gas drilling in federal waters in the Atlantic and Arctic Oceans in a bold move to preserve an environmental legacy that cannot be so quickly undone by Donald Trump, his successor. The announcement would ban offshore drilling in roughly 98 percent of federally owned Arctic waters (about 115 million acres), an area home to endangered species including polar bears and bowhead whales. The block would also protect 3.8 million acres of coral canyons off the Atlantic Coast which stretch from Norfolk, Virginia, to the Canadian border and protect unique deepwater coral and rare species of fish.

Obama invoked an obscure provision of the Outer Continental Shelf Lands Act, a 1953 law which permits him to act unilaterally––legal experts expressed confidence that the ban will withstand legal challenges by the incoming administration. (The president-elect has claimed that global warming is a hoax perpetrated by the Chinese, has openly derided Obama's environmental regulations, and has made fossil fuel mining and oil drilling a cornerstone of his economic program.)


While it is unlikely that Trump will let the ban go unchallenged, the specific language of the law, which states that the president of the United States "may, from time to time, withdraw from disposition any of the unleased lands of the Outer Continental Shelf” for "any public purpose" may well have built a firewall around the sitting president's economic's policies.

According to a senior official within the administration who spoke to reporters on condition of anonymity, nowhere does the law say that a future president can reinstate those areas. The official drew a comparison between Obama's use of the 1953 oil drilling law and the president’s authority to designate national monuments, granted under the 1906 Antiquities Act. No presidentially designated monuments have been removed by later presidents, he said. He further noted that former presidents Dwight Eisenhower, Richard Nixon, George Bush and Bill Clinton invoked the 1953 law to protect portions of federal waters and that none of those designations have been undone by later administrations.

Jason Hutt, a lawyer with Bracewell who has worked on behalf of energy companies against Obama's environmental policies, agrees: “The statute does not say, ‘A president can reinstate,’” he said. "It only seems to be one-directional.”

Legal experts say Republicans have one avenue they could use to undo the ban––a filibuster-proof Senate vote for Congress to amend the law and specifically allow sitting presidents to

reverse the drilling bans of former presidents. To do so, however, would require a 60-vote Senate majority. The Senate currently has only 52 Republicans.

A representative on Trump's transition team did not respond to requests for comment on the announcement, but oil lobbyists are upset but might have been outmaneuvered.

Erik Milito, the upstream director for the American Petroleum Institute (API), disagreed about the ban's permanence and expressed hope that Trump will use an executive order to lift it. "We are hopeful the incoming administration will reverse this decision as the nation continues to need a robust strategy for developing offshore and onshore energy,” he said.

Andrew Radford, a senior policy adviser with the API, also weighed in. “We don’t see how this could be permanent,” he said. "Similar to how President Bush issued a memo in 2008 to add areas back in, we’re hopeful that the Trump administration will take a look at this to reverse that decision and we look forward to working with them to make that happen."

Justin Trudeau, Prime Minister of Canada (left) and President Obama (right). (Credit: Source.)

Obama's move was a joint venture with Prime Minister Justin Trudeau of Canada, who simultaneously imposed a ban on new drilling in the Canadian Arctic. In a joint statement issued yesterday, the duo said they "are proud to launch actions ensuring a strong, sustainable and viable Arctic economy and ecosystem, with low-impact shipping, science-based management of marine resources, and free from the future risks of offshore oil and gas activity."

In his own statement, Obama said that his administration's actions "and Canada’s parallel actions, protect a sensitive and unique ecosystem that is unlike any other region on earth" and "reflect the scientific assessment that even with the high safety standards that both our countries have put in place, the risks of an oil spill in this region are significant and our ability to clean up from a spill in the region’s harsh conditions is limited.”

More from People

Screenshot of Ron DeSantis
Straight Shooter with Stephen A. Podcast

Ron DeSantis Just Ripped Republicans Who Claim That High Gas Prices Are 'No Big Deal'

On the eve of the midterm elections, Florida Governor Ron DeSantis surprised observers by criticizing Republicans who've downplayed the impact high gas prices have had on the electorate.

Americans continue to struggle with a nationwide affordability crisis hurting their wallets as well as at the pump. Because of the war President Donald Trump began with Iran earlier this year—and the continued blockade in the Strait of Hormuz—the global oil supply has been limited, causing a surge in prices.

Keep ReadingShow less
Abdul El-Sayed; JD Vance
Salwan Georges/Getty Images; Saul Loeb-Pool/Getty Images)

Victorious Abdul El-Sayed Points Out The 'Delicious Irony' Of What JD Vance Will Have To Do—And It's Too Good

After his historic defeat of Michigan Republican Mike Rogers in the state's U.S. Senate race, Democrat Abdul El-Sayed had observers cackling after he reminded his crowd of supporters that Vice President JD Vance will now have to swear him in.

It was a triumphant moment for El-Sayed, particularly after Vance had mispronounced his name at a rally on Friday at an Ohio steel plant before accusing him of arguing that "criticisms of Sharia law were rooted in white supremacy."

Keep ReadingShow less
Amy Poehler
ANGELA WEISS/AFP/Getty Images

Amy Poehler Sparks Debate After Claiming She Was Forced To Leave 'SNL' After Giving Birth Despite Wanting To Return

It might be late 2026, but there are still plenty of women who find their work compromised, if not taken away entirely, when they decide to become moms.

With women facing unpaid maternity leave, their jobs being taken away while they're on leave, or their hours or pay being reduced after they give birth, new moms are losing work opportunities all the time.

Keep ReadingShow less

French Actor Léa Seydoux's Disgusted Reaction To Nearly Every Food Item In Tasting Interview Has The Internet Cackling

Remember being forced to try a food you already knew you weren't going to like? Maybe you took a tiny bite just to be polite, smiled through the disappointment, and quietly vowed never to eat it again.

Well, French actor Léa Seydoux wasn't about to pretend her taste buds approved during an Elle UK food-tasting interview, and the internet is having an absolute field day with her reactions.

Keep ReadingShow less
P!nk
Theo Wargo/Tony Awards Productions/Getty Images

P!nk Responds After Photo Of Her Without Makeup Sparks Cruel Looks-Shaming Comments

P!nk has come under fire lately for her controversial and divisive political views, prompting many people to respond cruelly to just about any post concerning her.

So when the 47-year-old Grammy winner was recently photographed in New York City without makeup on, the internet trolls were the loudest commenters to show up. Shared by Page Six, the candid photo showed the singer without makeup, wearing a purple sweatsuit and brown and white headwrap, and carrying her small dog in a cream crossbody bag.

Keep ReadingShow less