On March 29, 2019, the federal district court for the District of Alaska vacated the portion of a 2017 executive order issued by President Trump that revoked President Obama’s prior withdrawals of certain areas of the Outer Continental Shelf in the Arctic and Atlantic Oceans from oil and gas leasing. The court held that President Trump’s revocation of the withdrawals exceeded presidential authority granted by the Outer Continental Shelf Lands Act (OCSLA). The court said that the text of Section 12(a) of the OCSLA—which provides that the president “may, from time to time, withdraw from disposition any of the unleased lands of the outer Continental Shelf”—did not expressly grant the power to revoke prior withdrawals. Although the court said the inclusion of “from time to time” in Section 12(a) rendered the provision ambiguous, the court concluded that the structure, legislative history, and purposes of the OCSLA indicated that Congress intended to authorize the president only to withdraw lands from leasing. The court indicated that instances of Congress deciding not to challenge “the small number of prior revocations” fell “far short of the high bar required to constitute acquiescence” to the president’s authority to revoke withdrawals, and that there was “[t]oo little information” about Congress’s inaction with respect to Section 12(a) to override the court’s interpretation.

Challenge to executive order reversing President Obama’s withdrawal of lands in the Atlantic and Arctic Oceans from future oil and gas leasing. 

League of Conservation Voters v. Trump

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Alaska Federal Court Vacated Trump Revocation of Obama Withdrawals of Arctic and Atlantic Areas from Oil and Gas Leasing

Filed

United States of America

Alaska

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Alaska Federal Court Vacated Trump Revocation of Obama Withdrawals of Arctic and Atlantic Areas from Oil and Gas Leasing

Policy instrument

Impacted group

Renewable energy

Fossil fuel

Economic sector

Finance