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Jun 3, 2025  |  
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Susan Ferrechio


NextImg:Not so lame: Biden moves to lock in green agenda ahead of Trump takeover

President Biden’s new ban on offshore drilling in his final days in office caps his drive to cement green energy policies that he hopes will trip up President-elect Trump’s promise to “drill baby drill” when he takes office in two weeks.

Mr. Trump and Republicans quickly pledged to reverse Mr. Biden’s 11th-hour move to block drilling and natural gas leasing in more than 625 acres of U.S. ocean, including the Northern Bering Sea in Alaska.

The ban covers areas where no drilling is ongoing or planned but would thwart future energy exploration and drilling expansion.



“This effectively takes everything outside the western and central Gulf of Mexico off the table for future exploration and development,” said Erik Milito, president of the National Ocean Industries Association, which represents the offshore oil, gas, wind, carbon capture and ocean mineral industries. “We have to be able to go out and actually find the oil and gas. And we don’t even get the chance to do that with a decision like this. So it hurts our economic, energy and national security.”

Mr. Trump on Monday promised to quickly “unban” drilling in those areas and called Mr. Biden’s actions “ridiculous.”  But he cannot undo it with the stroke of a pen, legal experts say.

Instead, Congress may have to reverse Mr. Biden’s order with legislation that could be tricky to pass thanks to a slim House GOP majority and longtime bipartisan opposition to drilling along the southeast and west coasts.

Or, say critics, the ban could be challenged in court as an over-broad interpretation of the 1953 Outer Continental Shelf Lands Act, which Mr. Biden cited in justifying the move. 

Mr. Biden’s last-minute drilling ban adds to a list of obstacles he put in place to block Mr. Trump from ramping up fossil fuel production and adds to Biden-era policies aimed at ensuring green energy projects continue after he leaves office. Environmentalists have praised Mr. Biden, who during his administration drastically reduced the number of new oil and gas permits as part of his effort to implement a goal of “net zero” fossil fuel emissions by 2050.

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But critics say the last-minute moves defy voters who elected Mr. Trump and a GOP-led House and Senate in November based on pro-energy pledges.

“President Biden wants to enshrine this failed policy into law over the will of the American people. He wants to try to future-proof his legacy, even though the American people have thrown it out and this is anti-democratic,” said Diana Furchtgott-Roth, director of the conservative Heritage Foundation’s Center for Energy, Climate, and Environment.

One of Mr. Biden’s first acts as president, ripping up the Keystone XL Pipeline permit, set in motion a cascade of actions that will make it very difficult to restart the project, despite Mr. Trump’s promises to revive it.

Land easements in Montana, North Dakota, South Dakota and Nebraska have largely been returned to the landowners, while other easements have expired. 

Retaking the easements would have to begin anew and could face more lawsuits from landowners, said Jane Kleeb, chair of the Nebraska Democratic Party and president of Bold Alliance, a landowners rights organization.

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“They would have to start from the beginning, and landowners know so much more now. They know their rights,” she said.

The threat of lawsuits, having to start over with easements and the uncertainty of the pipeline if another Democrat wins the White House, will make reviving the pipeline project less attractive to investors and the oil industry, which have largely moved on to other pipeline projects.

“It would probably be challenging to get capital markets excited about that,” Lisa Baiton, president of the Canadian Association of Petroleum Producers, told the North American Energy Conference in November, according to the Canadian Broadcasting Corporation.

Biden’s green energy initiatives will also be difficult to claw back, even though Mr. Trump has condemned them as wasteful. 

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On Monday, he told the Hugh Hewitt radio program his border security initiatives could be funded from “trillions of dollars that we’re going to be clawing back” from Biden-era green energy projects.  

Many of the projects were funded as part of the bipartisan Inflation Reduction Act and will be difficult to untangle from the billions of dollars in grants and loans for projects throughout the country, including critical investments in manufacturing.

Mr. Trump will also be faced with a vast increase in federally protected lands that won’t be open to energy development. 

Mr. Biden also cordoned off thousands of acres of federal land from development by designating them as national monuments under the Antiquities Act of 1906.

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This week, Mr. Biden is expected to use the act to designate two new national monuments in California, which will prohibit development on 850,000 acres of tribal lands.

Mr. Trump had mixed success reversing Obama-era policies aimed at eliminating fossil fuels. He restarted the Keystone XL Pipeline in 2017 but didn’t get far in undoing President Obama’s December 2016 permanent ban on offshore drilling along vast areas of the Arctic and Atlantic coast.

Mr. Obama used the same 1953 statute Mr. Biden employed in the latest offshore ban. When Mr. Trump challenged it, a federal judge ruled in 2019 that only Congress can revoke the ban and not another president.

Mr. Trump declared Monday on the Hewitt show, “I have the right to unban it immediately,” and pledged to increase oil and gas production, which have expanded during the last four years thanks in part to permits issued during Mr. Trump’s first administration.

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“It’ll be more by the time we are finished,” Mr. Trump said. “We have oil and gas at a level that nobody else has. And we’re going to take advantage of it.”

• Susan Ferrechio can be reached at sferrechio@washingtontimes.com.