Pallone to Biden: Permanently Protect Coastal Waters from Offshore Drilling

Washington, D.C. – Congressman Frank Pallone, Jr. (D-NJ) today sent a letter to President Biden urging him to use his authority under Section 12(a) of the Outer Continental Shelf Lands Act (OCSLA) to permanently withdraw unleased and at-risk areas of the Outer Continental Shelf (OCS) from fossil fuel development. Citing the economic and ecological importance of protecting these waters, the Members of Congress stressed the urgency of enacting permanent protections.

“As you cement your legacy to be the nation’s greatest climate president, we urge you to use your authority designated under 12(a) of the Outer Continental Shelf Lands Act (OCSLA) to permanently withdraw unleased and at-risk areas of the Outer Continental Shelf (OCS) from fossil fuel development. These coastal waters are too economically and ecologically important to drill, and our coastal communities deserve protection from the known dangers posed by offshore drilling,” Pallone and the members wrote.

The letter highlights the ongoing and significant risks posed by offshore drilling, including catastrophic oil spills, abandoned wells, and hazardous drilling infrastructure that imperil coastal waters, local economies, and public health. It emphasizes that expanding fossil fuel development would undermine climate commitments and expose American taxpayers to enormous environmental cleanup costs.

“Protecting our waters from offshore drilling is widely popular, with nearly two-thirds of registered voters expressing support. More than 390 municipalities across the Atlantic, Pacific, and Gulf coasts have formally opposed the expansion of offshore drilling,” the members emphasized.

The lawmakers stressed that past administrations have used OCSLA authority to protect critical areas and called on President Biden to enact enduring protections that will safeguard these vital regions before the transition of power. They wrote, “Since 2014, every administration has used this authority to prevent offshore oil and gas drilling in key areas, including portions of the Atlantic, Pacific, and Arctic Oceans, as well as the Gulf of Mexico.”

Members joining Pallone and Grijalva on the letter included Suzanne Bonamici (OR-1), Salud Carbajal (CA-24), Kathy Castor (FL-14), Jared Huffman (CA-2), Sydney Kamlager-Dove (CA-37), Mike Levin (CA-49), Alexandria Ocasio-Cortez (NY-14), Chellie Pingree (ME-1), Deborah Ross (NC-2), Nydia Velázquez (NY-7). A full copy of the letter can be found below and here.

President Joseph R. Biden

The White House

1600 Pennsylvania Avenue, NW

Washington, DC, 20007

President Biden:

Since day one, you have delivered on your commitment to take the bold, transformative action we need to address the climate crisis and chart a path toward a safer, cleaner energy future for all Americans. Through historic investments in the Inflation Reduction Act, Infrastructure Law, and CHIPS and Science Act, the United States has become a global leader in the fight against climate change, all while boosting our economy with billions of dollars in private sector investments and hundreds of thousands of good-paying clean energy jobs.

As you cement your legacy to be the nation’s greatest climate president, we urge you to use your authority designated under 12(a) of the Outer Continental Shelf Lands Act (OCSLA) to permanently withdraw unleased and at-risk areas of the Outer Continental Shelf (OCS) from fossil fuel development. These coastal waters are too economically and ecologically important to drill, and our coastal communities deserve protection from the known dangers posed by offshore drilling.

In January 2018, then-President Trump published a draft five-year plan for offshore oil and gas development, which opened more than 90 percent of the OCS to oil and gas leasing, including the Atlantic, Pacific, and Arctic coasts, as well as the Gulf of Mexico.[1] Fortunately, that plan was stopped by the courts amid intense public and bipartisan backlash, but the risk to these vulnerable areas is now higher than ever – unless you enact permanent protections.

Section 12(a) of OCSLA 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.” Since 2014, every administration has used this authority to prevent offshore oil and gas drilling in key areas, including portions of the Atlantic, Pacific, and Arctic Oceans, as well as the Gulf of Mexico.

December 2014: President Obama withdrew the North Aleutian Basin Planning Area in the Arctic Ocean without expiration.[2]

December 2016: President Obama withdrew areas of the Arctic Ocean within the Bering Sea Climate Resilience Area without expiration. [3]

December 2016: President Obama withdrew the Chukchi Sea and a portion of the Beaufort Sea Planning Area in the Arctic Ocean without expiration.[4]

December 2016: President Obama withdrew areas known as the Atlantic Canyons in the North and Mid-Atlantic Planning Areas without expiration.[5]

September 2020: President Trump withdrew the South Atlantic and Straits of Florida Planning Areas,[6] the North Carolina portion of the Mid-Atlantic Planning Area,[7] and portions of the Central and Eastern Gulf of Mexico Planning Areas until 2032.[8]

January 2021: Your administration reinstated the Bering Sea Climate Resilience Area withdrawals, originally adopted by President Obama but revoked by President Trump.[9]

March 2023: Your administration withdrew the remaining portion of the Beaufort Sea Planning Area in the Arctic Ocean without expiration.[10]

Presidential withdrawals under 12(a) have not been successfully challenged in court. In 2017, President Trump reversed President Obama’s Arctic and Atlantic withdrawals, but Judge Sharon Gleason of the District Court for Alaska determined that 12(a) does not give the president authority to revoke prior withdrawals.[11] A large-scale withdrawal of the Atlantic, Pacific, and Eastern Gulf would provide durable protections for these critical areas.

In addition to the major impacts of fossil fuel development on climate change, offshore oil spills are responsible for some of the worst environmental disasters in our country’s history. Thousands of unplugged wells and abandoned drilling equipment also put coastal waters and communities in harm’s way.[12] Meanwhile, oil and gas companies continue to saddle the American people with environmental and climate consequences, public health risks, and billions of dollars in cleanup costs. The fossil fuel industry’s record-level profits and multi-million dollar raises for CEOs demonstrate their actions are not about securing “energy independence.” What’s more, the continued proliferation of fossil fuels undermines our ability to fulfil our global climate commitments and limit warming to 1.5° C, endangering our coastlines and coastal communities, and costing American taxpayers.

Protecting our waters from offshore drilling is widely popular, with nearly two-thirds of registered voters expressing support.[13] More than 390 municipalities across the Atlantic, Pacific, and Gulf coasts have formally opposed the expansion of offshore drilling.[14]

We, the undersigned Members of Congress, have long fought for permanent protection from offshore oil and gas drilling for our communities, and for the clean energy future we need. You have the opportunity to secure those protections now, and we urge you to take action.