Obama Goes Full ‘Earth Muffin’ and BANS Oil Drilling in These US Territories

That’s right Obama, take away more jobs, sending more people to the unemployment line. He’s been doing it for eight years, why would we expect anything less in his final days? He may just be full on crazy by his last day.

By Darryl Fears and Juliet Eilperin

President Obama moved to solidify his environmental legacy Tuesday by withdrawing hundreds of millions of acres of federally owned land in the Arctic and Atlantic Ocean from new offshore oil and gas drilling.

Obama used a little-known law called the Outer Continental Shelf Lands Act to protect large portions of the Chukchi and Beaufort seas in the Arctic and a string of canyons in the Atlantic stretching from Massachusetts to Virginia. In addition to a five-year moratorium already in place in the Atlantic, removing the canyons from drilling puts much of the eastern seaboard off limits to oil exploration even if companies develop plans to operate around them.

The announcement by the White House late in the afternoon was coordinated with similar steps being taken by Canadian Prime Minister Justin Trudeau to shield large areas of that nation’s Arctic waters from drilling. Neither measure affects leases already held by oil and gas companies and drilling activity in state waters.

“These actions, and Canada’s parallel actions, protect a sensitive and unique ecosystem that is unlike any other region on earth,” the White House said in a statement. “They reflect the scientific assessment that, even with the high safety standards that both our countries have put in place, the risks of an oil spill in this region are significant and our ability to clean up from a spill in the region’s harsh conditions is limited.

White House officials described their actions to make the areas off limits to future oil and gas exploration and drilling as indefinite. Officials said the withdrawals under Section 12-A of the 1953 act used by presidents dating to Dwight Eisenhower cannot be undone by an incoming president. It is not clear if a Republican-controlled Congress can rescind Obama’s action.

“There is a precedent of more than half a century of this authority being utilized by presidents of both parties,” a White House aide said. “There is no authority for subsequent presidents to un-withdraw. . . . I can’t speak to what a future Congress will do.”

“The U.S. is not acting alone today. Canada is acting to put an indefinite stop to activity in its waters as well,” the aide said. “With Canada, we send a powerful signal and reinforce our commitment to work together.”

David Rivkin, an attorney for the Baker and Hostetler law firm who served on the White House Counsel staffs of Ronald Reagan and George H.W. Bush, disagreed with the assertion that the decision cannot be overturned. “Basically I say the power to withdraw entails the power to un-withdraw,” Rivkin said, “especially if you determine the justification for the original withdrawal is no longer valid.”

A legal fight would likely follow, Rivkin said. But “it’s not clear why Congress would want to give a president tremendous authority operating only one way.”

Sen. Ted Cruz (R-Tex.) responded sharply on Twitter: “Yet another Obama abuse of power. Hopefully, on[e] that will be reversed…exactly one month from today” after Trump’s inauguration. Cruz closed his tweet with a hashtag: “Taking away Obama’s pen and phone.”

U.S. and Canadian officials have negotiated for months to reach a joint understanding on how to manage adjacent areas in the ocean in an effort to make the new protections as sweeping and politically durable as possible. Meanwhile, advocacy groups lobbied Obama to ban oil and gas leasing in the Arctic entirely.

Obama already invoked the Outer Continental Shelf Lands Act to safeguard Alaska’s Bristol Bay in 2014, and again last year to protect part of Alaska’s Arctic coast. The president has protected 125 million acres in the region in the last two years, according to a fact sheet issued by the White House.

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