After a presidential campaign where both President Joe Biden and Vice President Kamala Harris pushed back on claims that they were trying to shut down much of the fossil fuel industry, Biden waited until the final days of his administration to ban oil and gas drilling over 670 million acres of America’s coastline. President-elect Donald Trump responded that“It’s ridiculous. I’ll un-ban it immediately. I have the right to un-ban it immediately.” It will likely be more difficult than a simple “un-ban” order. Environmental groups will likely push a “sue, baby, sue” campaign to counter Trump’s “drill, baby, drill.”
In his statement, Biden justified the move to counter the “climate crisis.” A White House announcement stated that “President Biden has determined that the environmental and economic risks and harms that would result from drilling in these areas outweigh their limited fossil fuel resource potential.”
The question is whether the order can handcuff Trump in pursuing one of the main parts of his campaign platform to unleash America’s fossil fuel resources.
This is all familiar ground.
Biden acted under Section 12(a) of the 1953 Outer Continental Shelf Lands Act (OCSLA), which states that the president “may, from time to time, withdraw from disposition any of the unleased lands of the Outer Continental Shelf.”
As noted in a Congressional Research Service report there is an ongoing debate over whether presidents can reverse the withdrawals of prior presidents. Trump faced that question in 2017 when he sought to overturn a ban by President Barack Obama in order to open up Alaska’s Beaufort and Chukchi seas and some parts of the Atlantic to oil and gas exploration. Two years later, a judge on the U.S. District Court for the District of Alaska struck down Trump’s order. While acknowledging that the law is ambiguous, it did not find express authority for such reversals.
Litigation ran out the clock and Biden later overturned Trump’s executive order.
So, there are grounds to assert this authority of reversal, but it will take years in court. The alternative and preferred route would be Congress. This is an issue that should ultimately rest with Congress. This ambiguous law is unfortunately common in poorly crafted provisions giving presidents sweeping authority.
Sen. Mike Lee (R., Utah), chair of the Senate Energy and Natural Resources Committee, has already pledged to “push back using every tool at our disposal.”
Professor, is it possible the Chevron Deference decision this year play a role here?
Don’t they have a majority in the Congress?! Looks pretty easy, unless…
The Trump admin can make av”diminished capacity” lawsuit and seek to have it voided.
Nope.
Biden is competent until a court or medical officer determines him not to be. That would mean Harris invoking the 25th. A.
Want to bet she promised not to do it for his support?
That said… Congress can do it and Trump should still start the legal process anyway as a backup.
-G
Well, that would make Harris president. She would not likely rescind the order.
Nothing happens that fast unless he expires, it’s two weeks left. The threat of doing so would start to lay the foundation. I believe there is plenty of evidence to support his impaired judgement. Wouldn’t that be justice, nullification of his pardons and orders! It would be a classic move, use their own DOJ report and his stepping aside after the debate debacle to stik it up his arse!
I see, so in the twisted minds of the demoncrats, the potus can remove what congress provided for we the people, but if the potus wants to undo what he did, he cannot – or are they just saying only Trump cannot since they hate him…
F THESE PEOPLE.
I can hardly wait till the tree of liberty is refreshed. In fact it is amazing it isn’t blooming in the middle of winter.
* 80% of your oxygen comes from the oceans and it’s Plankton. No drilling. In fact the oceans are being polluted with human garbage and waste. You people are truly nuts. Most likely your brains have been cooked by all the microwaves bouncing from tower to tower.
Once again what a tragedy.
Please – nearly all the garbage purportedly in the oceans is on beaches – not out in the oceans. There is ample evidence that nature – as it ALWAYS has done is thriving on our garbage.
Have you ever heard of a dung beettle ? The waste of one animal is the food of the next.
Someone has had their head in a microwave too long – likely reading to much Malthus.
Please tell me what malthusian prediction EVER has come true ?
“There is ample evidence that nature – as it ALWAYS has done is thriving on our garbage.
Have you ever heard of a dung beetle? The waste of one animal is the food of the next.”
Wow, what an ignorant observation. Our garbage involves plastics, pesticides, farm runoff, etc. Nature doesn’t take care of that. There are vast swaths of the Gulf of Mexico that are dead zones because farm runoff cuts off oxygen when plankton feeds on nitrogen-rich run-off. That kills off schools of fish and shrimp.
Dung beetles use organic waste for breeding and food, but that doesn’t mean they rely on garbage as a source. That doesn’t compensate for the greater harm garbage causes.
Nitrogen and Phosphate are the key ingredients in fertilizer and are an organic molecule. They are also the main constituent by products of wasre water treatment. They are the number one cause of water quality degradation.
“Wow, what an ignorant observation.”
WOW!!!!! Got us another retard that’s also going to explain why CO2 is actually a pollutant!
Tell us again about The Population Time Bomb while you’re at it! You know: circa 1967.
Extinct polar bears!
And don’t forget to get a report from Barack Obama on the water flooding into those seaside mansions he bought after his presidency – despite the fact he spent eight years telling us the oceans were rising and about to flood American cities!
* Perhaps the least intelligent comment to date.
Anonymous Asterisk,
No!
The tragedy will be the effects of the Yellowstone Caldera after it blows, a solar flare that is overdue or the extinction event resulting from a large asteroid impact.
All Hail Plankton
You watch Sponge Bob? Plankton is always trying to steal the recipe for Crabby Patties. Until he finds out the main ingredient is Plankton! Squidward ears so many his thighs explode! I highky recommend it, humor for all ages.
Go live in Bangladesh… go bathe in the Ganges…
And without CO2, the plants will die, and so will we.
Climate science is junk science.
“SUPPRESS THE REBELLION”
Proclamation 80—Calling Forth the Militia and Convening an Extra Session of Congress
“On April 15, 1861,…President Abraham Lincoln issued a proclamation calling forth the state militias, to the sum of 75,000 troops, in order to suppress the rebellion. He appealed ‘to all loyal citizens to favor, facilitate, and aid this effort to maintain the honor, the integrity, and the existence of our National Union.’”
Proclamation 92—Warning to Rebel Sympathizers
“[On] July 17, 1862,…I, Abraham Lincoln, President of the United States, do hereby proclaim to and warn all persons within the contemplation of said sixth section to cease participating in, aiding, countenancing, or abetting the existing rebellion or any rebellion against the Government of the United States and to return to their proper allegiance to the United States on pain of the forfeitures and seizures as within and by said sixth section provided.”
_______________________________________________________________________________
Now President Donald J. Trump MUST pull a full “Lincoln” and impose martial law, allow energy extraction on U.S. property, close the border, prosecute a war against the communist rebellion without a formal declaration, shred the Communist Manifesto and irrevocably extirpate all principles of communism in America, implement the “manifest tenor” of the Constitution and Bill of Rights including absolute freedom, absolute free enterprise, absolute free markets, and absolute private property including a fully constitutional dearth of taxation and regulation, eliminate the Departments of Labor, Education, Agriculture, Energy, HUD, and EPA, issue the “Deportation Proclamation” deporting all illegal aliens, past and present, including those who illegally pursued citizenship as criminal border crossers and “asylum” seekers who all made false and fraudulent claims of phantom, nonexistent persecution as foreign citizens with no U.S. rights, establish coherent voter qualifications by State legislatures per the Constitution, declare English the sole official language of the United States, suspend habeas corpus, smash opposition printing presses, networks, podcasts, social media platforms, etc., and throw anyone and everyone who opposes him in prison to Save the Union until America is placed squarely back on the Constitution and Bill of Rights.
That which was good for the goose, is irrefutably good for the gander.
The Confederate Rebel constitutional expert is at it again. Marx was a better writer – and he was horrible.
Oh, it’s all by design. The dems are shallow and utterly soulless, so they know this will be tied up in court forever, just like all of the other puppeteer’s moves as we approach the inauguration, just more juvenile lawfare; they are intent on preventing the new administration from doing anything whatsoever upon that day, they will be so tied up legally. There is nothing redeemable about the modern left, I wish I had more spit to spit on them with when I very much used to vote for them, and it is going to take a long, long time to fix the damage of just the past four years; the next two weeks might even give that a run for its money. It is imperative we marginalize them to the point of nonexistence over the next four years and beyond. This is not the behavior or governance of sane, wise, or capable people. And again: I am lifelong Independent voter. This is just how it is in 2024.
Trump’s appeal to delay sentencing in NY….Denied. Reason….He’s not president yet therefore he doesn’t have immunity or the fact that a one hour sentencing hearing will not impose a significant burden on his yet to be position as president.
In other news, It seems judge Cannon once again chose to rule in favor of Trump regarding the release of Smith’s report, but….didn’t she dismiss the case? How does she have jurisdiction on the matter?
Nevertheless, Trump is still scheduled to be sentenced on Friday. Bummer for him.
I have not read Trump’s pre-sentence appeal. But absent Merchan continuing to play games regarding when if ever he is going to sentence – I did not expect any pre-sentence appeal to succeed.
As to Sentencing – Who cares ? Even in what would be purportedly Trump’s worst case scenario – Merchan sentences Trump to nothing, and Trump’s appeals are rejected – which is highly unlikely. Trump Already won.
The left was desparate to get a Trump mug shot – Trump put it on Coffee mugs – who won that fight ?
The were desparate to get a conviction – Now we have “I voted for the felon T-shirts – who won that fight.
You do not seem to understand that people have decided that the conduct of the left is corrupt.
After that any victories you get are Pyrrhic – and Trump wins them not you.
That said, if Merchan is stupid enough not to toss this – and he seems inclined to stupid, it is near certain he loses on appeal, it is only a question of how high the appeal must go.
But even thaqt does not matter – the Verdict is already in – and Merchan Lost, Bragg lost, NYC lost and Trump won.
The contest is over, we are just fighting over the cleanup.
John
Can’t we just beat them up a little bit, please please please?! We could work up a good old number 6 on em. That’s where we ride into town a whoopin’ and a hollering, a shootin’ and a rapin’. Taggert, write that down!
Mongo love Sheriff Bart….
A New York appeals judge has denied Donald Trump’s request to delay his sentencing. The one-hour hearing, which requires Trump’s presence, finalizes his conviction as a felon. The sentencing is still scheduled for Friday.
It appears that Smith’s report will be released regardless of Judge Cannon’s “order,” as she no longer has jurisdiction over the case. The indication lies in the fact that the report is in two volumes and includes the election interference case, which was never part of Judge Cannon’s court.
Once again, it seems that Cannon is willing to support Trump, possibly because she feels indebted to him.
Criticizing Judge Merchan as “stupid” simply reflects a lack of arguments against the sentencing or the case itself. It demonstrates a clear bias. Courts do not operate based on public opinion; they decide according to the law, not according to what people believe should happen. Trump’s arguments have mostly been rehashed claims that have already been rejected and litigated in court.
Trump is not the president at this time. He is not immune to prosecution or sentencing until January 20. He is not engaged in the duties of the presidency. A one-hour hearing concluding his sentencing will not impede his potential return to office. If he were to be sworn in again, he would become the first president ever to do so as a convicted felon—our first “felon in chief.” That seems quite fitting.
Even as president, certain rights will be revoked due to his status as a felon. After his time in the White House, he will still be a felon, which means he will permanently lose certain rights. He would, in fact, be the first criminal to hold the office of president.
It is as you say, but what doesn’t kill us makes us more powerful despite any legal any pseudo academic psycho babble…
Who trusts NYS lower appeals courts ?
Regardless, I do not expect Trump’s pre-sentence appeal to prevail. But the post sentence one will.
Only left wing nuts care about Smith’s report – Cannon’s jurisdiction over the FL case ended with her decision.
SO DID SMITH’s – so no Smith can not legally produce a report on the case in Florida. Cannon correctly found that Smith was not a valid Special Counsel.
Smith has dropped his appeal of that finding – which is unfortunate as the question requires an answer from SCOTUS which will with near certainty agree with Cannon.
I would further note the Issue is NOT about Trump – it is about the means by which SC’s are appointed.
While the best answer is for Congress to pass a law – or even a constitutional amendment, there is a clear need for Some prosecutor/investigator when there is a conflict with DOJ/FBI.
But the FACT remains that neither Smith nor Mueller were appointed by the president of confirmed by the Senate. They have powers greater than those of US Attorney’s without having to comply with the appointments clause.
Personally I think that the existing SC regs are unconstitutional and even the appointments of Hurr, Weis, and Durham are unconstitutional, but atleast each of those was elevated from US Attorneys and SCOTUS long ago determined that latteral moves of presidential appointees do not violate the appointments clause.
But again the issue is not about Smith or Trump it is about following the law and constitution.
Absent the failure of Smith’s now dead appeal Cannon’s rulling only applies to the 11th circuit and the MAL case.
But the FACT is that Smith is not even a legitimate government employee within the 11th circuit – so no he can not deliver a report.
Because the DC courts have not followed Cannon, Despite his unconstitutional appointment Smith can release a report on his actions in DC.
While no one outside the far left is going to give a wing ding about any Smith report, I do expect the Biden DOJ to conform to the case law and except that the MAL case and any report on it is DEAD. But if they wish to continue their lawlessness – that is just more for Kash and Bondi to investigate in the future.
“SO DID SMITH’s – so no Smith cannot legally produce a report on the case in Florida. Cannon correctly found that Smith was not a valid Special Counsel.”
No, you don’t understand at all. Smith is required by law to make his report, and it’s up to Garland to release it. Smith can and did produce a report on the Florida case. Cannon’s decision is currently on hold with the 11th Circuit. Smith’s appointment is no different from that of Durham or Weiss.
Smith’s report will most likely be released on Friday, regardless of Cannon’s order. Her authority is unclear since she dismissed the case.
Nobody has demonstrated that Smith is not a legitimate government employee. Cannon’s ruling is in error, and the 11th Circuit will correct that. Smith did not need to be confirmed by the Senate, and neither did Mueller. That argument will not withstand scrutiny by the 11th Circuit.
You don’t trust the New York appeals court because Trump did not present a valid argument. Notice that his lawyers made the same argument, which they even admitted is not a legitimate argument before the appeals judge. Plainly stated, Trump is NOT president. He does NOT have immunity or special privilege to delay sentencing. It’s that simple.
You don’t trust courts that don’t rule in YOUR favor; you’re entitled to your opinion, but not your own facts. Trump will be the first convicted felon to hold the office of president. He will be a criminal in charge of the U.S. military—a fitting title given his dictatorial tendencies.
No, you don’t understand at all.
George, you are severely handicapped by your abysmally low levels of reading comprehension. The fact that people disagree with your psychopathic scribblings as a self styled Rebel Confederate Constitutional expert should not be channeled by you to believe your theories on how the law works have any credibility.
You hopefully pronounce that George Speaking His Truths means that they’re actually facts.
But in the real world George, they’re just the diaper dribblings of you as you serve as one of The Three Democrat Marxist Stooges clowns.
Ah George… remember the good old days in ancient times? Back just a few months ago? When you were gloatingly schooling us with your legal theories on how Trump would be starting his prison sentence long, long before election day?
Good times, hey!
Old Airborne Dog
Trump will appeal the case and win. No, he won’t be a felon when he leaves the White House.
The Trump white-wash is on and you, John, are swinging a big brush. You are trying to deny the fact that Trump is the biggest poor loser and liar in U.S. history and was re-elected on a third try by a slim margin of folks still smarting from high prices and the high influx of illegal aliens. In addition, Trump is dishonest, immoral, and corrupt in so many ways (no need to list these, you know what they are) it is astounding that sane republicans could vote for him. Apparently they have financial rewards that out weigh decency…most likely true for you. Your casting of fact checking and attempts to stop misinformation as anti-free speech is laughable and hypocrisy. You have no problems of doing away with DEI and labeling biological and historical truths as “woke” or “critical race theory”, and banning books that have been in libraries for generations. Four more years of Trump and his minions will pass and the next generation will try its best to repair the damage.
What books are being banned?
Trump won by significant margins both popular and even more in the electoral. I would say Biden and Obama’s lies make Trump’s look like folly. With real pushback on subversion this go round, you should see success. With that success you will see Vance carry through for another eight years. Who knows after that but I have a pretty solid belief that it won’t be Democrats in the Whitehouse for quite some time. Thank God!
If he won why is he fighting so hard to avoid sentencing? Clearly HE cares about being branded a criminal and convicted felon which he is. Why not wear that lable with pride as you seem to suggest would be beneficial to his image.
He’s going to be sentenced friday and officially be the first president who is also a convicted felon. Some like to say “The Biden Crime family” but Trump is a true convicted felon. A real criminal.
George
The biggest failure is the NY judiciary…the judge is not even a natural born citizen.
Crazy Abe says so, embrace the SUcK
New York Denied!
The evidence was heard by the American jury.
The charges were flagrantly “fake.”
On November 5th, the American jury found President Donald J. Trump NOT GUILTY!
The State of New York, District Attorney Alvin Bragg, Judge Juan Merchan, and Associate Justice Ellen Gesmer, are direct and mortal enemies of the American thesis of freedom and self-reliance, the Constitution, the Bill of Rights, Americans and America.
Trump’s appeal to delay sentencing in NY….Denied. Reason….
Reason: it’s New York. And he’s Trump.
And hey! These judges and Alvin Bragg might not get their asses tanned and kicked to the curb by SCOTUS as Jack Smith and that court was in 2016, once this is no longer confined inside communist New York show trials
Unless your reading comprehension is so abysmal that you actually believe that New York appellate court judge read the 880+ pages of legal submissions filed with this appeal in the span of a couple of hours before denying the application.
Don’t need days for your clerks and you to review the submissions when you’ve already decided to be remembered in history alongside Bragg, Merchan, Fani Willis, Jack Smith, James Comey, and Joe Biden.
Bummer for Democrats and their online liars who believe this will work AFTER the election. When it failed so completely in the campaign BEFORE the election.
“Ban, baby, ban.”
Some mistakenly call Green New Deal zealots “communists” (“Green on the outside; red on the inside.”) That is an insult to communists, who merely confiscate what others produce. GND zealots are nihilists. They kill production in the womb.