Outer Continental Shelf Lands Act (OCSLA)
Restricting Oil and Gas Leases Through Withdrawals Under OCSLA: Can A President Rescind?
Author
Carol J. Miller
Author Bios (long)

Carol J. Miller, Esq., is a Distinguished Professor at Missouri State University, where she teaches business law and environmental law.

Date
April 2025
Volume
55
Issue
2
Page
10153
Type
Comment(s)
Summary

This Comment focuses on energy developments offshore. Part I recognizes OCSLA’s purpose of balancing energy needs with protection of marine animals, coastal beaches, and wetlands. Part II discusses examples of presidential use of OCSLA §12(a) authority to protect (withdraw from leasing) portions of the OCS temporarily or permanently, including challenges to President Biden’s recent withdrawal of the East Coast, West Coast, and part of the Gulf of Mexico and Bering Strait from future oil and gas leases. Part III explores limitations on OCSLA §12(a) presidential authority to rescind or modify prior presidents’ withdrawals. Part IV details the need to protect marine mammals from impacts associated with oil and gas exploration, including seismic air gun blasting and sonar that significantly impairs hearing, communication, balance, feeding, and breeding. Part V examines the potential impact of President Trump’s wind moratorium. Part VI provides context for President Trump’s pro-energy/anti-environmental initiatives, and Part VII concludes.

S. 2389
Update Type
Committee Name
Committee on Energy and Natural Resources
Sponsor Name
Cassidy
Sponsor Party Affiliation
R-La.
Issue
9
Volume
53
Update Issue
21
Update Volume
53
Congress Number
118
Congressional Record Number
169 Cong. Rec. S3148

would require the Secretary of the Interior to conduct certain offshore lease sales under the Outer Continental Shelf Lands Act.

H.R. 4030
Update Type
Committee Name
Committee on Natural Resources
Sponsor Name
Huffman
Sponsor Party Affiliation
D-Cal.
Issue
8
Volume
53
Update Issue
18
Update Volume
53
Congress Number
118
Congressional Record Number
169 Cong. Rec. H2808

would amend the Outer Continental Shelf Lands Act to prohibit oil and gas leasing in certain areas of the outer continental shelf.

H.R. 1559
Update Type
Committee Name
Committee on Natural Resources
Sponsor Name
Moran
Sponsor Party Affiliation
R-Tex.
Issue
5
Volume
53
Update Issue
9
Update Volume
53
Congress Number
118
Congressional Record Number
169 Cong. Rec. H1279

would direct the Secretary of the Interior to issue an oil and gas leasing program under §18 of the Outer Continental Shelf Lands Act.

H.R. 1443
Update Type
Committee Name
Committee on Natural Resources
Sponsor Name
Castor
Sponsor Party Affiliation
D-Fla.
Issue
5
Volume
53
Update Issue
8
Update Volume
53
Congress Number
118
Congressional Record Number
169 Cong. Rec. H1205

would amend the Outer Continental Shelf Lands Act to prohibit oil and gas preleasing, leasing, and related activities in certain areas of the outer continental shelf off the coast of Florida.

H.R. 1327
Update Type
Committee Name
Committee on Natural Resources
Sponsor Name
Ross
Sponsor Party Affiliation
D-N.C.
Issue
5
Volume
53
Update Issue
7
Update Volume
53
Congress Number
118
Congressional Record Number
169 Cong. Rec. H1049

would amend the Outer Continental Shelf Lands Act to withdraw the outer continental shelf in the Mid-Atlantic planning area from disposition.

H.R. 1320
Update Type
Committee Name
Committee on Natural Resources
Sponsor Name
Pallone
Sponsor Party Affiliation
D-N.J.
Issue
5
Volume
53
Update Issue
7
Update Volume
53
Congress Number
118
Congressional Record Number
169 Cong. Rec. H1049

would amend the Outer Continental Shelf Lands Act to permanently prohibit the conduct of offshore drilling on the outer continental shelf in the Mid-Atlantic, South Atlantic, North Atlantic, and Straits of Florida planning areas.

S. 617
Update Type
Committee Name
Committee on Energy and Natural Resources
Sponsor Name
Menendez
Sponsor Party Affiliation
D-N.J.
Issue
5
Volume
53
Update Issue
7
Update Volume
53
Congress Number
118
Congressional Record Number
169 Cong. Rec. S569

would amend the Outer Continental Shelf Lands Act to permanently prohibit the conduct of offshore drilling on the outer continental shelf in the Mid-Atlantic, South Atlantic, North Atlantic, and Straits of Florida planning areas.

H.R. 470
Update Type
Committee Name
Committee on Natural Resources
Sponsor Name
Huffman
Sponsor Party Affiliation
D-Cal.
Issue
3
Volume
53
Update Issue
3
Update Volume
53
Congress Number
118
Congressional Record Number
169 Cong. Rec. H276

would amend the Outer Continental Shelf Lands Act to permanently prohibit the conduct of offshore drilling on the outer continental shelf off the coast of California, Oregon, and Washington.

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