Obama invokes 1953 law to indefinitely block drilling in Arctic and Atlantic oceans

[rdking647]

Source: cnbc

President Barack Obama on Tuesday moved to indefinitely block drilling in vast swaths of U.S. waters.



Read more: http://www.cnbc.com/2016/12/20/obama-expected-to-invoke-1953-law-to-block-offshore-drilling.html

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i think congress will pass a law repealing this...

its easily done

[yuiyoshida]

1. Doesn't he know that everything he has done...

Trump promises to Erase it all? Trump wants to erase Obama's Legacy.

[Cha]

31. Actually President Obama knows quite a bit, yui

Mark Knoller
✔ ‎@markknoller
Senior Admin Officials believe future presidents don’t have the authority to reverse Pres Obama's action on oil & gas leases in the Arctic.
11:01 AM - 20 Dec 2016
37 37 Retweets 40 40 likes

https://twitter.com/markknoller?ref_src=twsrc%5Etfw

[yuiyoshida]

44. I hope that's right but with a

House majority of Republicans, and a Senate Majority of Republicans and a Supreme Court full of Republicans, I am wondering if Trump might get approval for ANYTHING he wants to do, in regards to President Obama. He has stated, he wants to UN-DO everything the Obama Administration has done since coming into office.

[lillypaddle]

56. Not to mention

that none of them seem to care about laws and just do whatever the fuck they want with no repercussions. Damn, I have gotten so cynical.

[yuiyoshida]

60. Hey Lilly you are right...

Laws don't apply to Republicans. A Republican middle age white guy could shoot and Kill a Black person and get away with it... just like George Zimmerman. And you know what???

When TRUMP becomes President, He will embolden other Whites to shoot and Kill minorities at their leisure and probably get away with it.

[cstanleytech]

47. I assume they mean that Trump cannot just unilaterally renew the leases that were essentially voided

by this action by Obama or atleast I assume thats what happened here which means they can probably negotiate new leases but that will take time and hopefully it will be long enough for the Dems to regain some ability to stop it for good.

[BlancheSplanchnik]

57. !!!!this is good!!!!

Of course we need to remain vigilant, because we know THEY will fight it.

Fore-known is fore-armed.

[pnwmom]

65. Why would you think he doesn't? He's taking a stand now.

He shouldn't be cowed by the prospect of DT "erasing" it all in the future. He should make it as tough as possible for DT.

[lamp_shade]

2. I understand it won't be easily done....

The article - "There is no provision in the law that allows the executive's successor to repeal the decision, so President-elect Donald Trump would not be able to easily brush aside the action."
I heard some legal type on CNN say he could try but, because of the 1953 law, it would take years.

[RiverStone]

15. Hope you're right!!!

[Cha]

30. Exactly, lampshade.. i was just coming to post this somewhere

like here..


Mark Knoller
✔ ‎@markknoller
Senior Admin Officials believe future presidents don’t have the authority to reverse Pres Obama's action on oil & gas leases in the Arctic.
11:01 AM - 20 Dec 2016
37 37 Retweets 40 40 likes

https://twitter.com/markknoller?ref_src=twsrc%5Etfw

A miracle!

[RKP5637]

53. Fantastic picture of Obama! I saved it to keep in my thoughts of what a real president is as

we travel through four years of insanity.

[Cha]

54. Good! Someone who cares about our Planet.

[Stellar]

58. Beautiful...thanks Cha!

[Cha]

59. You're

Stellar!

[former9thward]

64. Those "Senior Admin Officials" (unnamed of course) do not know the law.

President Clinton used the exact same law (Ocsla) to withdraw 300 million offshore acres but Bush reinstated 50 million of them. If a President can lock another President can unlock.

[CreekDog]

66. Wrong. And you claim to be a lawyer

Anyway, Bill Clinton only withdrew the areas for 10 years. Obama has withdrawn them permanently.

Second, there is a provision for withdrawing them, but no corresponding provision in the law to undoing that.

And George W. Bush actually added areas under the act.

[former9thward]

67. No president can do anything "permanently".

He can only do something until the end of his term. Sorry you think presidents have god like powers but they don't. My comments about Bush and Clinton stand despite you attempts to deflect.

[CreekDog]

68. Oh, so a presidential pardon for a crime can be undone?

and the penalty reinstated?

[former9thward]

69. If you want to compare something that is specifically part of the President's powers

in the Constitution with something that is not even mentioned in the Constitution then there is no point in further discussion.

[Cha]

45. Tweets from President Oama and PM Trudeau..

President Obama Verified account 
‏@POTUS
President Obama Retweeted Justin Trudeau
A ban on drilling in Arctic waters helps protect the planet we share. Proud to take this step with @JustinTrudeau & the Arctic communities

https://twitter.com/POTUS

Justin Trudeau Verified account 
‏@JustinTrudeau
Today, we join the US in announcing measures to ensure a strong, sustainable & viable Arctic economy and ecosystem:

https://twitter.com/JustinTrudeau/status/811325149333127168

[Scurrilous]

3. Looks like the courts decide..

Obama bans new oil, gas drilling off Alaska, part of Atlantic shore

"In protecting the waters, Obama used a 1950s-era law called the Outer Continental Shelf Act that allows presidents to limit areas from mineral leasing and drilling. Environmental groups said Obama's use of the law meant the incoming administration of President-elect Donald Trump could not simply reverse the action but would have to fight it in the courts."

http://www.reuters.com/article/us-usa-obama-drilling-idUSKBN1492KU

[lamp_shade]

4. Chess.

[geek tragedy]

8. even if they win, it'll take his entire term to work its way through the courts. nt

[FBaggins]

12. Not necessarily

Some oil company challenges the decision as an abuse of discretion and the new administration either declines to defend it in court or settles out of court.

[geek tragedy]

19. Abuse of discretion is for reviewing judicial decisions.

Not to mention lack of standing.

[FBaggins]

20. Sorry. Both are incorrect

Executive decisions are also open to abuse of discretion claims... And an oil company that now can't lease federal waters for oil production would obviously have standing to sue (and even if they didn't, the federal government would have to make that argument in court... And they don't want the case dismissed).

[geek tragedy]

26. Good luck to anyone convincing a judge this is

arbitrary and capricious.

Also, injury would be speculative at best.

Courts may decline standing sua sponte

[FBaggins]

28. Who do you think WOULD have standing

to challenge a decision related to drilling in the arctic if not drillers?

Good luck to anyone convincing a judge this is arbitrary and capricious.

You're assuming that there is a court case with two competing sides making their best arguments. In this case they don't have to convince a judge... because they don't let it get to a judge.

[geek tragedy]

34. They weren't bidding or seeking to bid.

They'd be saying that maybe in 20 years they might want to bid. The very definition of speculation.

Not ripe for challenge until they are wanting to start drilling/preparing to drill.

The law doesn't give Trump the right to put them back out for lease. Any reversal or attempt to reverse would be accompanied by litigation from one side or the other.

[wordpix]

50. no doubt Tillerson has some ideas (puke)

[LanternWaste]

5. It's not easily done, and it takes time to do it.

It's not easily done, and it takes time to do it.

[Lucinda]

6. KNR

[geek tragedy]

7. They need 60 votes to repeal it. Good luck with that nt

[AngryAmish]

21. They tie it to a revenue bill...Done and done.

[geek tragedy]

27. Not appropriate for reconciliation. nt

[FBaggins]

29. Of course it is.

There are revenues associated with leasing offshore drilling rights. The budget resolution gives the appropriate committees the reconciliation directive to raise $X Billion over the next five years and the committees craft legislation that opens up previously closed areas for leasing.

It's "not appropriate" in the same sense that Republican welfare "reform" or Democrats ACA were not appropriate. That is... theoretically, but not in practice.

[geek tragedy]

38. No affect on revenue since no one wants to lease them now anyways. nt

[rdking647]

40. they can do it with 50 thru reconcilliation

oil leases can be easily tied to a budget bill and thru reconciliation would only need 50, just like obamacare...

[geek tragedy]

42. 1) what oil leases--no one is willing to lease now; 2)

amending a non-budgetary statute regarding the authority of the president is not germane to the budgeting process.

[rdking647]

48. the problem is the senate itself is the one that get to decide whats germane or not

courts wont interfere in how the senate interprets its own rules.

[geek tragedy]

49. if the GOP is just going to play Calvinball then no need to bother with reconciliation nt

[paleotn]

9. Senate filibuster...

problem solved. Smartest thing McTurtle has said lately is there will be no move to change the filibuster rules....for now.

[stuffmatters]

10. Why isn't Obama protecting the Pacific too.

Is this an obscene oversight/insult to the faithful, green passionate states of Ca, Oregon and Washington....or am I missing something here?

[Hekate]

11. The answer to your question may be inside the 1953 law itself

[montana_hazeleyes]

17. President Obama just can't get credit for anything.

Even here on DU I see it every day.

We don't know what he may be trying to do to protect the Pacific too.

He can't just be a dictator like trump.

[Hekate]

24. It just never stops. Never. Can we take one damn minute to enjoy a victory or praise an action?

Gods.

[Cha]

33. I'm celebrating!

Mark Knoller
✔ ‎@markknoller
Senior Admin Officials believe future presidents don’t have the authority to reverse Pres Obama's action on oil & gas leases in the Arctic.
11:01 AM - 20 Dec 2016
37 37 Retweets 40 40 likes

https://twitter.com/markknoller?ref_src=twsrc%5Etfw

A miracle!

[littlemissmartypants]

36. Me too, Cha.

I miss him already though.

[Cha]

39. Oh yeah, I miss him already, too, littlemisssmartypants!

[littlemissmartypants]

35. Yep. Sums it up nicely. eom

[wordpix]

51. YEAH! Thanks, Obama!

The problem is "it never stops" bc repukes are always at war with US.

Maybe when Drumpf gets in trouble internationally, he'll realize the wisdom of "bringing US together." But he's not the one to do it.

[Cha]

46. Mahalo, montana hazeleyes..

The White House
✔ ‎@WhiteHouse
BREAKING: The U.S. and Canada are taking historic steps to protect Arctic waters from future oil and gas leasing: http://go.wh.gov/Arctic
11:10 AM - 20 Dec 2016
3,076 3,076 Retweets 6,174 6,174 likes

[montana_hazeleyes]

62. Thank you Cha.

I just love our decent, caring, intelligent, awesome President Obama so much! He tries so hard to do so much good and with so much opposition.

He has to find ways to get around these horrible, selfish republicans.

So many of us will miss him so much. But he will still be there fighting for us in any way he can even when he leaves office.

Cha, you are one of my favorite posters. I always read all your threads you start.

[Cha]

63. Yes he Will! I have no doubt.. his office will be here for crying out loud!

Obama to open post-presidency office in World Wildlife Fund headquarters

http://www.democraticunderground.com/10028359968

Thank you for your kind words, Montana_Hazeleyes.. I do notice your name in the Recs..

[Hekate]

23. Note that Alaska is on the Pacific side of the continent, as well.

[mobeau69]

13. Bravo, Mr. President

Do all the good you can do in the time you have left. It's going to be hard living in fascist Americka but we must RESIST in every way every day. I will never accept rump.

[Equinox Moon]

14. trumps cabinet-team are not smart enough

to find things like this, as Pres. O does.

[Hekate]

25. Smart people will work for them. That Exxon guy seems wicked smart.

[RiverStone]

16. A spark of great news...and we desperately can use great news!

Thanks President Obama!



I won't be calling anyone else President for a long time!

[mobeau69]

18. I know what you mean

but President Obama will still be called President Obama for the remainder of his life. Hopefully it will be a very long life. I hope to see him at rump's funeral someday. The sooner the better. Awful huh? Sorry, but my disgust of him is palpable.

[FailureToCommunicate]

22. So true so true.

[Cha]

32. Thank you, President Obama!

Mark Knoller
✔ ‎@markknoller
Senior Admin Officials believe future presidents don’t have the authority to reverse Pres Obama's action on oil & gas leases in the Arctic.
11:01 AM - 20 Dec 2016
37 37 Retweets 40 40 likes

https://twitter.com/markknoller?ref_src=twsrc%5Etfw

[rdking647]

41. congress can pass a law repealing the 1953 law

since oil leases are a revenue item the repeal could be tied to a budget bill and passed with reconciliation, needing only 50 votes...

[Cha]

43. We'll see...

[littlemissmartypants]

37. Thank you, sir. For everything, Mr. President.

[Sunlei]

52. 'Commercial fishing enterprises may be affected permanently' is why.

Damage to Fisheries, Wildlife, and Recreation

Oil spills present the potential for enormous harm to deep ocean and coastal fishing and fisheries. The immediate effects of toxic and smothering oil waste may be mass mortality and contamination of fish and other food species, but long-term ecological effects may be worse. Oil waste poisons the sensitive marine and coastal organic substrate, interrupting the food chain on which fish and sea creatures depend, and on which their reproductive success is based. Commercial fishing enterprises may be affected permanently.


Read more: http://www.waterencyclopedia.com/Oc-Po/Oil-Spills-Impact-on-the-Ocean.html#ixzz4TU17LdFl

[Lotusflower70]

55. Thank you President Obama

For your faithful service to the people of this country. You broke ground and tore down barriers. It is your compassion and brilliance that has served us well. And this is another fine example. He is thinking long term and I am quite grateful. No matter how they try to wipe away your legacy, they can't. It's undeniable and it's beautiful. You gave people hope with your historic victories. And now you get to rest but I have no doubt you will impact the upcoming elections. I wish him all the best. We have to keep the faith and get to work.

[BigDemVoter123]

61. I don't care what he has to do, as long as he does it!