At least two lawsuits were filed challenging President Biden’s permanent withdrawal of areas of the U.S. Outer Continental Shelf in the Atlantic Ocean, Gulf of Mexico, and Pacific Ocean from oil and gas leasing. In a lawsuit filed in the Western District of Louisiana, the State of Louisiana, along with four other states and two industry groups, asserted that the withdrawals violated separation of powers because the Outer Continental Shelf Lands Act (OCSLA) provision at issue violates the non-delegation doctrine and the President’s actions taken pursuant to it are therefore ultra vires. They also alleged that the OCSLA provision violates the Property Clause, which gives Congress the power “to dispose of and make all needful Rules and Regulations respecting the Territory or other Property belonging to the United States.” In addition, they asserted a major questions doctrine-based claim that the President acted beyond the authority granted by OCSLA. The <a href="https://climatecasechart.com/case/texas-v-biden-2/">other lawsuit</a> was filed in the Eastern District of Texas.

Challenge to President Biden's permanent withdrawal of areas of the U.S. Outer Continental Shelf from oil and gas leasing.

Louisiana v. Biden

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Lawsuit Asserted that President Biden’s Withdrawal of Outer Continental Shelf Lands from Oil and Gas Development Exceeded Presidential Authority

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Lawsuit Asserted that President Biden’s Withdrawal of Outer Continental Shelf Lands from Oil and Gas Development Exceeded Presidential Authority

Policy instrument

Risk

Just transition

Renewable energy

Fossil fuel

Economic sector

Adaptation/resilience

Finance