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13 States Sue Over Biden Ban On New Drilling on Federal Land

13 States Sue Over Biden Ban On New Drilling on Federal Land

We need more of this. A lot more of this. Sue over everything, in jurisdictions with plenty of Trump judges. Bring this lawless regime to its legal knees.

The legal resistance to Joe Biden’s abusive and illegal executive orders and rogue directives is finally getting going.

In contrast to the speed with which the Democrat legal resistance went to court challenging almost everything Trump did, Republicans have been slow on the uptake. Republicans have had to rely on states because Republicans lack the massive legal activist infrastructure that Democrats have.

We have covered a lawsuit by Texas obtaining an injunction against Biden’s 100-day deportation freeze, and 21 states that sued over the cancelation of the Keystone XL pipeline.

Now 13 states have filed a court challenge to Biden’s ban on drilling on federal lands. Louisiana Attorney General Jeff Landry, who is leading the effort, issued this press release:

Louisiana Attorney General Jeff Landry is leading a 13-state lawsuit against the Biden Administration’s attack on American energy independence, good-paying jobs, and affordable energy for all.

In January, President Biden solidified a moratorium on new development of oil and gas fields on federal lands. Executive Order 14008 halted all oil and gas leasing operations, days after the Biden Interior Department took similar steps against activities on existing leases. Together, these actions make-up the Biden Ban – an aggressive, reckless abuse of Presidential power that threatens American families’ livelihoods and our national interests.

“By executive fiat, Joe Biden and his administration have single-handedly driven the price of energy up – costing the American people where it hurts most, in their pocketbooks,” said Attorney General Landry. “Biden’s Executive Orders abandon middle-class jobs at a time when America needs them most and put our energy security in the hands of foreign countries, many of whom despise America’s greatness.”

The lawsuit states, “The Outer Continental Shelf Lands Act and Mineral Leasing Act set out specific statutory duties requiring executive agencies to further the expeditious and safe development of the abundant energy. In compliance with those statutes, the Department of the Interior has for decades issued leases for the development of oil and natural gas on public lands and offshore waters.”

“For decades, Congress has embraced responsible development of our natural resources as a means of achieving energy independence – a matter of national security,” continued Attorney General Landry. “They have discarded vulnerable dependence on foreign oil, which is why the court should reject the Biden Ban.”

The Biden Ban’s attack on Louisiana energy will devastate our coast and the people who live here. These jobs provide food to put on the table and are the lifeblood of our coastal communities. The White House purports the Biden Ban to protect the environment, but instead it constitutes what is likely the single-largest divestment of revenue for environmental protection projects in American history. The Biden Ban immediately impacts and harms Louisiana by reducing revenue and royalties from federal oil and gas leases. Canceling lease sales will reduce Louisiana’s GOMESA funding by up to $57 million.

In addition to Louisiana – the following states joined in the lawsuit: Alabama, Alaska, Arkansas, Georgia, Mississippi, Missouri, Montana, Nebraska, Oklahoma, Texas, Utah, and West Virginia.

The Complaint (pdf.) alleges, among other things:

1. When seeking the Democratic Party’s nomination for President, then–former Vice President Joe Biden made no secret of his disdain for domestic energy development. “No more—no new fracking . . . no more drilling on federal lands,” he said during a March 2020 Democratic presidential candidate debate…. Concerned that this candid response could hurt his electoral chances “in key states with blue-collar voters like Pennsylvania, Ohio and Colorado,” Mr. Biden’s campaign spokesman quickly “clarified that the former vice president wouldn’t ban fracking”—“[h]e was referring only to his stated policy to ban new permits for oil and gas drilling on federal land andoffshore.” Id.

2. But that stated policy of banning new drilling permits contravenes congressional commands. The Outer Continental Shelf Lands Act and Mineral Leasing Act set out specific statutory duties requiring executive agencies to further the expeditious and safe development of the abundant energy resources on public lands and the Outer Continental Shelf. In compliance with those statutes, the Department of the Interior has for decades issued leases for the development of oil and natural gas on public lands and offshore waters….

* * *

5. Making matters worse, the agencies that President Biden tasked with implementing the Order—the Bureau of Ocean Energy Management and Bureau of Land Management—rushed to halt long-planned lease sales using an opaque and nonpublic process that arbitrarily failed to consider whether the Biden Ban complies with statutory requirements, the public good, or the procedural requirements of the Administrative Procedure Act. And those agencies entirely ignored the obligation to consult with States or Tribes.

6. Although the restraints imposed by the Administrative Procedure Act, OCSLA, and MLA did not prevent Candidate Biden from making contradictory campaign promises, they do constrain President Biden from translating campaign rhetoric into an energy-development moratorium by fiat—especially one to be implemented outside the public eye.

7. The Biden Ban fails all the requirements of the APA, OCSLA, and MLA. As a result, all actions taken in reliance upon Executive Order 14008 must be vacated and enjoined, and the agencies ordered to return to the vital work of carrying out their statutory, regulatory, and contractual obligations under the OCSLA’s and MLA’s oil and gas leasing programs.

Business Insider notes federal judges appointed by Trump could make legal life difficult for Biden’s agenda:

Days after a federal judge indefinitely blocked the Biden administration from enforcing a 100-day deportation freeze, another federal judge in Texas struck down the CDC’s eviction moratorium.

These two losses — from judges appointed by former President Donald Trump — show his lasting legacy on the judiciary and how that could impact the Biden administration.

During Trump’s four years in office — and with a Republican Senate majority — the former president appointed more than 230 federal judges across states, which, according to Pew Research Center, is nearly as many federal judges as Barack Obama appointed in his eight years in office.

And less than two months into Biden’s presidency, Trump’s lasting impact on the federal judiciary is becoming apparent.

We need more of this. A lot more of this. Sue over everything, in jurisdictions with plenty of Trump judges.

Bring this lawless regime to its legal knees.

[Featured Image: Seadrill Sevan Louisiana]

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Comments

John Roberts the treasonous snake will rule all of Biden’s stuff a tax and say it’s ok

The real problem is- a whole bunch of RINO senators would have jumped on the bandwagon to impeach Trump for actually ignoring a court order.

But there’s no action that will be taken against a Biden administration that tells a judge FOAD by ignoring an injunction. A democrat house isn’t going to impeach him. And neither the Senate nor the House will open investigations.

“Republicans have had to rely on states because Republicans lack the massive legal activist infrastructure that Democrats have.”

Maybe. But the Franz von Papen Republicans are just fine with what the Biden* administration is doing (have you noticed how many GOP senators are rubber-stamping every Cabinet nominee the Biden* administration sends up?). And John Roberts and the three Trump nominees to the Supreme Court are proverbial towers of Jello when it comes to the Constitution. So even if Republican prevail in the lower courts (an iffy proposition at best) the Supremes will do their usual bowing low to our Communist overlords.

    Biden said he would end fracking. But, offshore drilling does not use fracking.
    This is just a direct attack on American Energy Production. He is killing good jobs.
    And, as soon as he makes these kinds of restrictions, it is immediately factored
    into the current price of gasoline.

Be nice if it happened. But the 9th circus ruled there is no open or concealed carry allowable.
Judiciary isn’t going to save America.

    Ironclaw in reply to 4fun. | March 24, 2021 at 10:46 pm

    They’ll still have to take them and I’m not wishing them luck, or good health doing that.

    puhiawa in reply to 4fun. | March 25, 2021 at 1:26 am

    I do not have the slightest interest in carrying a firearm, nor do i own that I could carry. However the courts destroying one Constitutional right after another, ever since O’Connor, is of extreme concern.

With a compromised SCOTUS, clearly under the control of the Democrats, I do not see much hope. These sniveling cowards would abandon America in a second, then walk proud, being lauded all through the media as heroes…when we know they are terrified of court packing and the crooked FBI/DOJ planting salacious stories about them.

    Once SCOTUS is overwhelmed with states’ cases of critical national importance, they will cave. That is what they do. The problem has been corrupt Uniparty control of the political apparatus. Trump is changing that. Team Obama is suddenly finding itself engulfed in one disaster after another. They have built a very frail house of cards that will eventually collapse under its own weight. They have been working very hard to collapse the economy into the lap of socialism.

    It may be too late to stop the economic collapse but we don’t have to accept the socialism part. We can instead collapse the massively corrupt government part and then rebuild the economy with a much smaller but more effective government.

“Republicans have been slow on the uptake. Republicans have had to rely on states because Republicans lack the massive legal activist infrastructure that Democrats have.”

The Republicans were/are a major component of the Uniparty. THAT is exactly what the Trump movement is at war with.

Also, why isn’t South Dakota included in this? Where is Kristi Noem on THIS issue? Are here lawyers advising her that this is just another lost cause? More importantly, isn’t this more important to her constituents than preserving SC colleges’ membership in the NCAA?

    Jester Naybor in reply to Pasadena Phil. | March 25, 2021 at 7:59 am

    SD is part of the Keystone XL suit. I don’t fault them for not being a part of every suit like this.

    And you oversimplify the problem with the NCAA. This is about having athletes already in SD c0lleges locked out from national competition, and not having any say in the matter.

    Noem has enough respect for those individuals, to seek a better way to oppose the trans-invasion than just passing the first thing that hits her desk. That’s consistent with how she has respected the people of SD re: COVID, as opposed to Cuomo, Whitmer, et. al.

      Why wouldn’t they be part of EVERY suit related to men vs women athletics? It costs little to nothing to add SD to every suit. What is the correct number? Noem want to be the leader on this issue. And she caved on her only battle calling for coalition. This united AG lawsuit IS a coalition. LEAD already!

      And how important is it for colleges to be part of the NCAA? Sports used to be a sideline, an extracurricular activity to what colleges and universities were created for. Maybe the time has come for the professional sports organizations to fund their own minor leagues? Who cares! Woke sports is broke sports.

    From the article, although it makes a reference to Federal lands, the suit seems focused on offshore and continental shelf drilling. SD likely does not have an interest under that.

Republicans lack the massive legal activist infrastructure that Democrats have.

Exactly. That’s a game the Pubs don’t play. The 1630 group and other hard left funding groups have built an infrastructure that sucks in a lot of young, left-leaning law school grads into the various non-profits, where they sue the government(s), sue businesses, bail Antifa thugs, and in general advance the left agenda.

The Right has no counter and has been willfully blind as to the implications. The big funders on the right (and there are some) would play a much smarter game if they simply built a legal machine to counter the left, rather than funding consultants, Jeb!, and other foolishness out there.

By the way, this could also be applied to women’s magazines (see Ace of Spades as to why that’s important), other media, and education.

The Left has employed a ‘long march’ strategy that includes the law. The Right has had no counter. That’s one good reason why we’re in the pickle we’re in.

Here is another thing to consider regarding our globalist government’s attempt to cast us back into the days of dependence on foreign oil. A couple of days ago, a large cargo container ship Ever Given curiously maneuvered itself sideways to block the Suez Canal. The price of oil spiked up sharply. And domestic economy based companies have been getting crushed in the stock market the last few days. Oddly enough, so have the tech stocks.

This is how vulnerable our economy will soon become should our new communist Uniparty succeed in destroying our robust non-renewabe domestic energy industry and so destroy energy independence. We already recently how vulnerable CA and TX, two states bursting with natural gas and crude, have become thanks to their shift to renewable energy.

We are THAT close to being a third world country. We import most of our food and manufactures. We are now importing another few million uneducated and unskilled “slave” laborers. So sure, let’s cut our legs off at the knees and hope that no other bozo tries to pull a uey in the Suez Canal.

nancyinOregon | March 25, 2021 at 1:54 pm

So, what does it take for non-Democrats to create a “massive legal activist infrastructure that Democrats have”?

    Getting poseur governors like Noem, who rejects her own legislation arguing coalitions would be a better approach, to sign on to coalitions of other states would be a good start. It would also be a good idea for so many among us who keep entertaining the opinions of “trying is the first step to failure” losers who see nothing but failure no matter what is proposed. The Democrats suffer loss after loss after loss but end up winning the battles that count they are united and keep fighting. We always seem unwilling to fight unless victory is assured. The Revolutionary War would have been lost in 1775 had the founding fathers been populated by Republicans. There were mostly lost battles on the way to Yorktown’s decisive victory.

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