Biden Launches Initial Climate Measures, Focusing on Oil and Gas Drilling in the Arctic, and Expanding Across Various Regions
The U.S. Department of the Interior (DOI) has announced a 60-day pause on the authorized issuance of new oil and gas leases, aiming to review the federal leasing program. This move is expected to have a positive impact on the renewable energy industry by potentially shifting focus and resources towards clean energy development in the United States.
The pause, which was ordered by a Secretarial Order, temporarily suspends the authority of lower-level DOI officials to issue any onshore or offshore fossil fuel authorizations. The order provides exceptions for conditions that could pose human health or safety risks, adverse impacts to public lands or mineral resources.
The authority to set standards related to financial arrangements, reclamation, and restoration of lands affected by lease operations is allowed under 30 U.S.C. § 226(g). Similarly, the discretion to offer leases for lands containing coal is allowed under 30 U.S.C. § 201(a)(1). The authority to base the timing and location of oil and gas offshore activities on the environmental sensitivity and marine productivity of the outer continental shelf is allowed under 43 U.S.C. § 1344(a)(2)(G).
The Biden administration has reinstated Obama-era withdrawals from oil and gas leasing of certain areas in Arctic waters and the Bering Sea. Additionally, Biden issued a temporary moratorium on the issuance of oil and gas leases on over 1.5 million acres of land in the Arctic National Wildlife Refuge (ANWR). Certain areas in Arctic waters and the Bering Sea have also been withdrawn from leasing by the Biden administration.
The administration's decision to pause the issuance of oil and gas leases in the ANWR is not unprecedented. Similar suspensions have occurred during the tenures of Presidents Nixon, George H. W. Bush, and Obama. The U.S. District Court for the District of Alaska vacated the revocation of President Obama's withdrawal of certain areas from leasing, as per the decision in League of Conservation Voters v. Trump (2019).
The Biden administration has also taken steps to address climate change on a global scale. It has re-joined the Paris Agreement, a global commitment to fight climate change. The administration's focus on renewable energy and climate change mitigation is a significant shift from previous administrations' emphasis on fossil fuel extraction.
Contact information for officials related to this matter includes Stacey H. Mitchell, John B. (Jack) Lyman, Bryan C. Williamson, and Meaghan Jennison (Law Clerk). For further inquiries, their emails and phone numbers in Washington, D.C. can be found.
As the review of the federal leasing program continues, it remains to be seen how the Biden administration's actions will shape the future of energy production in the United States. The focus on renewable energy and climate change mitigation, however, indicates a commitment to a greener, more sustainable future.
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