This week, President Joe Biden invoked the Outer Continental Shelf Lands Act (OCSLA) to issue a sweeping and permanent ban on oil and gas drilling across most of America’s offshore areas. President-elect Donald Trump wasted no time blasting the order as “ridiculous” and pledged to reverse it on day one of his second term. Yet, undoing this overreach won’t be as simple as signing an executive order—Biden’s move highlights both legal and economic questions that will likely resurface during Trump’s efforts to reverse it.
At the heart of the debate is Section 12(a) of OCSLA, which states that the president “may, from time to time, withdraw” unleased lands on the outer continental shelf from development. Biden’s administration, like the Obama administration before it, interprets this clause as granting the president the power to permanently block development. A 2019 ruling by an Alaska federal judge sided with this interpretation, rejecting Trump’s earlier attempt to rescind Obama-era withdrawals. The ruling claimed that OCSLA doesn’t explicitly mention revoking withdrawals, and therefore, only Congress could overturn such actions.
This logic is as flawed as it is absurd. The notion that a president can take unilateral, permanent action without any mechanism for reversal defies both constitutional principles and common sense. The power to act has always been understood to include the power to reverse, as recognized by the Supreme Court in other contexts, such as the appointment and removal of officials. If presidents can withdraw lands for leasing, they must logically have the authority to undo those withdrawals—otherwise, OCSLA becomes a tool for repealing itself, granting one president unchecked legislative power.
Beyond the legal overreach, Biden’s order is a masterclass in economic self-sabotage. Offshore drilling provides critical energy resources, creates jobs, and bolsters American energy security. Biden’s move will have negligible long-term effects on the climate while ensuring higher energy costs in the short term—a fact that oil companies surely won’t mind, as constrained supply inflates prices. It’s the same strategy that allowed Biden to dodge blame for skyrocketing gas prices while pushing policies that artificially restricted production.
The Supreme Court’s major questions doctrine, which requires Congress to clearly delegate significant powers to the executive, also casts doubt on the legality of Biden’s actions. OCSLA’s purpose is clear: to expedite exploration and development of offshore resources. A perpetual ban on drilling undermines that objective and stretches the statute’s language far beyond its intent. As Trump’s incoming administration takes the reins, these legal and constitutional flaws will be at the center of efforts to restore rational energy policy.
The 2024 election was a referendum on Biden’s disastrous economic and energy policies. Voters rejected his administration’s shortsighted climate agenda, which prioritizes virtue signaling over practical solutions. Biden’s latest withdrawal isn’t about saving the planet; it’s about placating the radical climate lobby at the expense of American families and industries. Conservatives understand that energy independence is key to national security and economic prosperity. By reversing Biden’s offshore drilling ban, Trump will prioritize American workers, energy producers, and taxpayers—showing once again that real leadership lies in results, not rhetoric.
