Restricting Oil and Gas Leases Through Withdrawals Under OCSLA: Can A President Rescind?

April 2025
Citation:
55
ELR 10153
Issue
2
Author
Carol J. Miller

This Comment focuses on energy developments offshore. Part I recognizes OCSLA’s purpose of balancing energy needs with protection of marine animals, coastal beaches, and wetlands. Part II discusses examples of presidential use of OCSLA §12(a) authority to protect (withdraw from leasing) portions of the OCS temporarily or permanently, including challenges to President Biden’s recent withdrawal of the East Coast, West Coast, and part of the Gulf of Mexico and Bering Strait from future oil and gas leases. Part III explores limitations on OCSLA §12(a) presidential authority to rescind or modify prior presidents’ withdrawals. Part IV details the need to protect marine mammals from impacts associated with oil and gas exploration, including seismic air gun blasting and sonar that significantly impairs hearing, communication, balance, feeding, and breeding. Part V examines the potential impact of President Trump’s wind moratorium. Part VI provides context for President Trump’s pro-energy/anti-environmental initiatives, and Part VII concludes.

Carol J. Miller, Esq., is a Distinguished Professor at Missouri State University, where she teaches business law and environmental law.