Biden Initiates Climate Measures Concentrating on Oil and Gas Exploration in the Arctic, Expanding Beyond
In a significant move towards environmental conservation, the Biden administration has taken steps to protect certain areas in Arctic waters and the Bering Sea from oil and gas leasing. On Wednesday, the Acting Secretary of the Department of the Interior (DOI) issued a Secretarial Order that temporarily suspends the authority of lower-level DOI officials to issue any onshore or offshore fossil fuel authorization. This decision follows the Biden administration's reinstatement of Obama-era withdrawals from oil and gas leasing in these areas. The U.S. District Court for the District of Alaska vacated the revocation of these withdrawals in March 2019 (League of Conservation Voters v. Trump, 363 F. Supp. 3d 1013). The Biden administration's decision to rejoin the Paris Agreement and pause the issuance of oil and gas leases in the Arctic National Wildlife Refuge (ANWR) further demonstrates its commitment to environmental protection. The discretion to offer leases for lands containing coal is allowed by 30 U.S.C. § 201(a)(1), but the authority to base the 'timing and location' of oil and gas offshore activities on 'the relative environmental sensitivity and marine productivity' of the outer continental shelf is allowed by 43 U.S.C. § 1344(a)(2)(G). The discretion to set standards related to financial arrangements, ensuring reclamation of lease tracts, and restoration of any lands or surface waters adversely affected by lease operations is also allowed by 30 U.S.C. § 226(g). Federal statutes afford the executive branch a degree of discretion to justify a moratorium while it prepares a Programmatic Environmental Impact Statement to assess the environmental, health, and financial impacts of fossil fuel leasing. A Biden-issued moratorium would not be unprecedented, as we have seen comparable suspensions during the tenures of Presidents Nixon, George H. W. Bush, and Obama. The authority of most DOI officials has been suspended from issuing new onshore or offshore fossil fuel authorizations. However, the organization that pressured the current U.S. Secretary of the Interior to suspend his authority to issue new oil and gas permits is not specified in the provided search results. The Order temporarily suspending the authority of lower-level DOI officials to issue any onshore or offshore fossil fuel authorization provides exceptions for conditions that could pose human health or safety risks or adverse impacts to public lands or mineral resources. The Biden administration is expected to institute an extended, though still temporary, moratorium on the issuance of new fossil fuel leases within the next 60 days. For more information, contact the following DOI officials: * Stacey H. Mitchell: Email Washington, D.C. 1 202.887.4338 * Bryan C. Williamson: Email Washington, D.C. 1 202.887.4576 * Jack Lyman: Email Washington, D.C. 1 202.887.4554 * Meaghan Jennison (Law Clerk, not admitted to practice): Email Washington, D.C. 1 202.887.4194 These actions mark a significant stride in the Biden administration's efforts to combat climate change and protect vulnerable ecosystems. As more information becomes available, we will continue to update you on this developing story.
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