U.S. judge scraps Trump order opening Arctic, Atlantic areas to oil leasing

[rooster59]

U.S. judge scraps Trump order opening Arctic, Atlantic areas to oil leasing

 

U.S. President Donald Trump listens to a question as he speaks to reporters at his Mar-a-Lago estate in Palm Beach, Florida, U.S., March 29, 2019. REUTERS/Joshua Roberts

 

ANCHORAGE, Alaska (Reuters) - A federal judge in Alaska has overturned U.S. President Donald Trump’s attempt to open vast areas of the Arctic and Atlantic oceans to oil and gas leasing.

 

The decision issued late Friday by U.S. District Court Judge Sharon Gleason leaves intact President Barack Obama’s policies putting the Arctic’s Chukchi Sea, part of the Arctic’s Beaufort Sea and a large swath of Atlantic Ocean off the U.S. East Coast off-limits to oil leasing.

 

Trump's attempt to undo Obama’s protections was “unlawful” and a violation of the federal Outer Continental Shelf Lands Act, Gleason ruled. Presidents have the power under that law to withdraw areas from the national oil and gas leasing program, as Obama did, but only Congress has the power to add areas to the leasing program, she said.

 

The Obama-imposed leasing prohibitions “will remain in full force and effect unless and until revoked by Congress,” Gleason said in her ruling.

 

Trump’s move to put offshore Arctic and Atlantic areas back into play for oil development came in a 2017 executive order that was part of his “energy dominance” agenda. The order was among a series of actions that jettisoned Obama administration environmental and climate-change initiatives.

 

The Trump administration has proposed a vastly expanded offshore oil leasing program to start this year. The five-year Trump leasing program would offer two lease sales a year in Arctic waters and at least two lease sales a year in the Atlantic. The Trump plan also calls for several lease sales in remote marine areas off Alaska, like the southern Bering Sea, that are considered to hold negligible potential for oil.

 

Obama had pulled much of the Arctic off the auction block following a troubled offshore Arctic exploration program pursued by Royal Dutch Shell <RDSa.L>. Shell spent at least $7 billion trying to explore the Chukchi and part of the Beaufort. The company wrecked one of its drill ships in a grounding and managed to complete only one well to depth. It abandoned the program in 2015 and relinquished its leases.

 

Gleason, in a separate case, delivered another decision Friday that blocks the Trump administration’s effort to overturn an Obama-era environmental decision.

 

Gleason struck down a land trade intended to clear the way for a road to be built though sensitive wetlands in Alaska’s Izembek National Wildlife Refuge. The Obama administration, after a four-year environmental impact statement process, determined that the land trade and road would cause too much harm to the refuge to be justified. Trump’s then Interior Secretary Ryan Zinke broke the law when he summarily reversed the Obama policy without addressing the facts found in the previous administration’s study of the issue, Gleason ruled.[nL1N21H00L]

 

-- © Copyright Reuters 2019-03-31

[neeray]

Good on Judge Gleason (Hardy Har Har). Nice to see this run-rough-shod POTUS put in his place.

(and people talk about Thais "only being interested in money!")

[BobBKK]

It won't stop him. Judge should stay out of politics and the whinging libs should get their act together for 2020 where it is highly likely, they will lose again with such a weak line-up.

[neeray]

10 minutes ago, BobBKK said:

It won't stop him. Judge should stay out of politics and the whinging libs should get their act together for 2020 where it is highly likely, they will lose again with such a weak line-up.

Protection of our children's future is hardly just politics.

 

And if Trump wins again in 2020, that will be twice by default. I call that a shallow victory, twice over!

[bristolboy]

12 minutes ago, BobBKK said:

It won't stop him. Judge should stay out of politics and the whinging libs should get their act together for 2020 where it is highly likely, they will lose again with such a weak line-up.

Right. Judges shouldn't rule on legal questions?

[helpisgood]

I am not familiar enough with the facts of this case.  I love the environment, but I also understand that the US should take advantage of its natural resources.  So, there are competing legitimate concerns here.   

 

However, merely writing off the ruling as "politics" by "whinging libs" (not sure what that exactly means, but it does sound demeaning) is not fair to the judge unless you can provide us with a better analysis of the soundness of her ruling. 

 

As stated in the OP, she based her ruling on the applicability of a federal statute, which the Executive Branch must conform with:

 

1 hour ago, rooster59 said:

Trump's attempt to undo Obama’s protections was “unlawful” and a violation of the federal Outer Continental Shelf Lands Act, [Judge] Gleason ruled.

 

25 minutes ago, BobBKK said:

Judge should stay out of politics and the whinging libs should get their act together for 2020

 

The OP later describes part of her rationale.  For example:

 

1 hour ago, rooster59 said:

Presidents have the power under that law to withdraw areas from the national oil and gas leasing program, as Obama did, but only Congress has the power to add areas to the leasing program, she said.

 

If she is grossly mistaken, I am willing to read why that is

[BobBKK]

16 minutes ago, bristolboy said:

Right. Judges shouldn't rule on legal questions?

Are Judges elected like Presidents are?  and you think this 'judgement' will remain?  think on

[BobBKK]

18 minutes ago, neeray said:

Protection of our children's future is hardly just politics.

 

And if Trump wins again in 2020, that will be twice by default. I call that a shallow victory, twice over!

If Tump wins in 2020 it is entirely the pc libs fault. The Dems are a shadow of their former self and it is THAT which might lose them the election again unless they find a non-pc, balanced and compassionate candidate.

[lannarebirth]

2 minutes ago, BobBKK said:

Are Judges elected like Presidents are?  and you think this 'judgement' will remain?  think on

It seems likely to remain until Congress changes the law. Some judges are elected but Federal judges are not.

[BobBKK]

Just now, lannarebirth said:

It seems likely to remain until Congress changes the law. Some judges are elected but Federal judges are not.

I guess my larger point is... I really dont like the 9th, or whoever, using their political bias. I"m from the UK and none of our judge are 'elected'. It's absurd.  Keep Courts out of politics and allowing any POTUS to put in judges is a FARCE.

[Tug]

To much bad weather to drill with 100% safety shouldn’t be done but I know Donald going to have a fit

[TopDeadSenter]

Great news for Saudi Arabia, terrible news for America. One of the feathers in Trump's hat was making America energy self sufficient, and indeed making America a net exporter of oil. I would be taking a good hard look at this judge's financial and personal relations with foreign oil exporters, it just defies logic to try making America more reliant on the likes of Mr.BoneSaw.

[Tug]

32 minutes ago, TopDeadSenter said:

Great news for Saudi Arabia, terrible news for America. One of the feathers in Trump's hat was making America energy self sufficient, and indeed making America a net exporter of oil. I would be taking a good hard look at this judge's financial and personal relations with foreign oil exporters, it just defies logic to try making America more reliant on the likes of Mr.BoneSaw.

We are allready exporting more energy than we consume but the Saudi oil is cleaner so we buy a lot if we are really serious we need to be working really hard on renuables not coal that Donald is pushing and nobody’s buying

[oobar]

6 hours ago, BobBKK said:

It won't stop him. Judge should stay out of politics

Actually the judge was doing what judges are supposed to do -- uphold the rule of law.

[farcanell]

6 hours ago, BobBKK said:

It won't stop him. Judge should stay out of politics and the whinging libs should get their act together for 2020 where it is highly likely, they will lose again with such a weak line-up.

Right.... just remind me quickly.... how many branches make up the US government?

[Basil B]

7 hours ago, BobBKK said:

It won't stop him. Judge should stay out of politics and the whinging libs should get their act together for 2020 where it is highly likely, they will lose again with such a weak line-up.

Judges should be appointed on merit not their political views.

 

If as I assume those bringing the action have highlighted legislation pointing out the POTUS has no authority to do so, and council for the POTUS can not provide any other overriding legislation that may permit him to do so, and it is as clear as Black & White, even if the judge was a hardened redneck Republican they can't ignore facts.

 

[Srikcir]

13 hours ago, BobBKK said:

allowing any POTUS to put in judges is a FARCE

POTUS nominates federal judges and the Senate must approve them for appointment.

Where's the farce?

The problem for Trump where he's had now four court of appeals districts reverse his Presidential Orders is that either he has poor legal counsel, he ignores his legal counsel or legal counsel is afraid to tell him the truth about the illegality of some of his Presidential Orders.

In fact Trump created judicial political activism by questioning judges political loyalty when their rulings don't benefit him.

[spidermike007]

One can easily make a case that the corporations own the government. And that lobbyists have a tremendous amount of influence. The difference between this administration, and the Obama administration for example, is that this one makes no effort to hide the influence of big corporations, and Trump never, ever says no to a lobbyist. The future? What does it matter? The environment? The oceans? They can absorb a multi million barrel spill. So some animals die. It is the corporations and big oil that is paramount. Keep them happy.

[TallGuyJohninBKK]

17 hours ago, TopDeadSenter said:

Great news for Saudi Arabia, terrible news for America. One of the feathers in Trump's hat was making America energy self sufficient, and indeed making America a net exporter of oil. I would be taking a good hard look at this judge's financial and personal relations with foreign oil exporters, it just defies logic to try making America more reliant on the likes of Mr.BoneSaw.

 

Another false argument from you, not surprisingly. The U.S.'s energy boom of recent years, and more for the future, is coming from the shale fields of the continental U.S. -- not from remote and environmentally sensitive Arctic regions, as the Shell Oil fiasco recounted in the OP article illustrates...

 

And then there's that little pesky matter of the LAW that the judge correctly pointed out in her rulings, including the notion that only Congress has the ability to add new areas to the federal oil leasing program, not the President. Of course, Trump has never been one to be bothered by what federal laws say or to consider the environmental impacts of anything.

 

[Redline]

19 hours ago, BobBKK said:

It won't stop him. Judge should stay out of politics and the whinging libs should get their act together for 2020 where it is highly likely, they will lose again with such a weak line-up.

It’s called democracy ????

[metisdead]

Off topic posts and replies have been removed. 

[BobBKK]

16 hours ago, Srikcir said:

POTUS nominates federal judges and the Senate must approve them for appointment.

Where's the farce?

The problem for Trump where he's had now four court of appeals districts reverse his Presidential Orders is that either he has poor legal counsel, he ignores his legal counsel or legal counsel is afraid to tell him the truth about the illegality of some of his Presidential Orders.

In fact Trump created judicial political activism by questioning judges political loyalty when their rulings don't benefit him.

The farce is they are political appointments.

[canthai55]

11 hours ago, Redline said:

It’s called democracy ????

If you think democracy is in practice anywhere in the world, you have my sympathy.

Remember the Golden Rule -

He Who has the Gold makes the Rules

[Redline]

14 minutes ago, canthai55 said:

If you think democracy is in practice anywhere in the world, you have my sympathy.

Remember the Golden Rule -

He Who has the Gold makes the Rules

The judge was following the law.  There has never been a true democracy in the world, but laws have to be enforced as they are made by congress

[joecoolfrog]

On 3/31/2019 at 12:40 AM, BobBKK said:

If Tump wins in 2020 it is entirely the pc libs fault. The Dems are a shadow of their former self and it is THAT which might lose them the election again unless they find a non-pc, balanced and compassionate candidate.

When you say balanced and compassionate , do you mean compared with Trump , if so a Great white shark would win comfortably.

[thaibeachlovers]

On ‎3‎/‎31‎/‎2019 at 1:46 PM, TopDeadSenter said:

Great news for Saudi Arabia, terrible news for America. One of the feathers in Trump's hat was making America energy self sufficient, and indeed making America a net exporter of oil. I would be taking a good hard look at this judge's financial and personal relations with foreign oil exporters, it just defies logic to try making America more reliant on the likes of Mr.BoneSaw.

IMO allowing export of oil was a major mistake. The US has enough oil if they don't export it, so there would be no need to drill in unsafe areas.

While I relish the disappearance of everything Obama related, this one was not a mistake, and drilling should not be allowed.

[quandow]

Why do I sense another "national emergency" about to sprout up?