The Atlanta Journal-Constitution

Experts: Battle looms for offshore drilling

Trump order targets Obama edict on environmen­t.

- By Matthew Daly and Jill Colvin

WASHINGTON — President Donald Trump’s executive order seeking to find new ocean expanses in the Atlantic and the Arctic for offshore drilling is unlikely to reach its goals anytime soon, but instead will kick off a yearslong review and a legal battle.

Trump took the step toward dismantlin­g a key part of Barack Obama’s environmen­tal legacy on Friday, the day before his 100th in office.

“This executive order starts the process of opening offshore areas to job-creating energy exploratio­n,” Trump said at a White House ceremony. “It reverses the previous administra­tion’s Arctic leasing ban and directs Interior Secretary Ryan Zinke to allow responsibl­e developmen­t of off-shore areas that will bring revenue to our treasury and jobs to our workers.”

Despite Trump’s assertion that the nation needs to wean itself of foreign oil, U.S. oil imports have declined in recent years as domestic production boomed, mainly through improved drilling techniques that opened up production in areas once out of reach.

And environmen­tal law and policy experts questioned Trump’s authority to reverse Obama’s withdrawal of certain areas in the Arctic or Atlantic to drilling, a question that will likely be decided in the courts.

“It’s not quite as simple as the president signs something and it undoes the past,” said Sean Hecht, a University of California, Los Angeles environmen­tal law professor.

For instance, Obama had used his authority under the Outer Continenta­l Shelf Lands Act to protect Arctic areas from oil drilling late last year, a move Trump’s order seeks to undo. At the time, Obama administra­tion lawyers said they were confident that move would be upheld in court.

Legal experts say the law has never been used by a president to remove protection­s, just to create them.

“The statute doesn’t allow that. It allows the president to put land within a protected zone but says nothing about allowing president to take it out,” said Rob Verchick, an environmen­tal law professor at Loyola University in New Orleans.

Verchick, a policy administra­tor at the EPA under Obama, added: “I suspect it will be fought in the courts.”

Trump’s order also directed Commerce Secretary Wilbur Ross to conduct a review of marine monuments and sanctuarie­s designated over the past 10 years. Obama issued monument proclamati­ons under the Antiquitie­s Act, including the Northeast Canyons and Seamounts Marine National Monument in the Atlantic, which protected that swath of sea from drilling.

Legal scholars said Trump would enter uncharted territory if he seeks to undo a national monument proclamati­on in an effort to remove environmen­tal protection­s. The president could issue a new proclamati­on eliminatin­g a specific monument, but since it has never been done, the courts again would likely decide whether the tactic is allowed under the act.

“I believe that a president does not have the legal authority to do it,” said UCLA’s Hecht.

Under Trump’s order, Zinke will start to review the government’s plan that dictates which federal locations are open to offshore drilling, known as the 5-year plan.

The administra­tion can redo the 5-year-plan, but it’s a long process. Zinke said the leases scheduled under the existing plan will remain in effect during the review, which he estimated will take several years.

Still, Pam Giblin, an Austin, Texas-based environmen­tal attorney who represents energy companies said Trump’s order is welcome news to her clients.

“Every one of these orders is primarily aspiration­al. But it is starting to change the lens through which government is talking about fossil fuels,” Giblin said. “Instead of demonizing fossil fuels, it’s a viable alternativ­e that’s not going away.”

The new 5-year plan could indeed open new areas of oil and gas exploratio­n in areas off Virginia, Georgia and North and South Carolina, where drilling has been blocked for decades. Many lawmakers in those states support offshore drilling, and Alaska’s governor and its Washington delegation all supported the order.

But the plan faces broad opposition from the fishing industry, tourism groups and even the U.S. military, which has said Atlantic offshore drilling could hurt military maneuvers and interfere with missile tests the Navy relies on to protect the East Coast.

More than 120 coastal cities and towns from New Jersey to Florida — including cities such Wilmington, N.C., Myrtle Beach and Charleston, S.C., and Savannah, Ga. — have passed resolution­s opposing any Atlantic drilling and seismic testing.

“Allowing offshore drilling is a forever decision that will forever change our way of life for the worse,” said Frank Knapp, president of Columbia, S.C.-based Business Alliance for Protecting the Atlantic Coast.

Environmen­tal groups are already preparing for the fight to come, saying that opening up vast areas to drilling harms whales, walruses and other wildlife and exacerbate­s global warming.

“We will go to court to enforce the law and ensure President Obama’s protection­s remain in place,” Trip Van Noppen, president of the environmen­tal legal organizati­on Earthjusti­ce, said in a statement.

Flynn’s vetting blamed on Obama

Even though he named Michael Flynn to be his top national security aide, President Donald Trump on Friday laid the blame for any flaws in Flynn’s vetting at the feet of his predecesso­r. In an interview airing Friday evening on Fox News Channel’s “The First 100 Days,” Trump tried to deflect recent criticism of his decision to appoint Flynn despite the retired general’s past lobbying on behalf of Turkish government interests and his acceptance of tens of thousands of dollars from a Russian state-sponsored television network. “When they say we didn’t vet, well Obama I guess didn’t vet, because he was approved at the highest level of security by the Obama administra­tion,” Trump said, referring to the previous administra­tion’s approval of Flynn’s security clearance. “So when he came into our administra­tion, for a short period of time, he came in, he was already approved by the Obama administra­tion and he had years left on that approval.” President Barack Obama fired Flynn from his post as director of the Defense Intelligen­ce Agency in 2014, but Flynn maintained a security clearance that was reissued in January 2016. Trump appointed Flynn as national security adviser in January. He sacked him in February, saying Flynn had misled senior administra­tion officials, including the vice president, about his contacts with Russian officials.

Tillerson eyes cutting 2,300 jobs

Secretary of State Rex Tillerson is proposing to eliminate 2,300 jobs as part of a plan to cut more than a quarter of the State Department’s budget for the next fiscal year, officials said Friday. The plan will almost certainly meet resistance from lawmakers opposing President Donald Trump’s proposal to shrink the size of the federal government. Tillerson’s proposal calls for reducing the number of new diplomats being hired and includes the possible consolidat­ion of the State Department and U.S. Agency for Internatio­nal Developmen­t. The staff cuts would amount to about 3 percent of the department’s roughly 75,000-strong workforce. The proposal is a response to the Office of Management and Budget’s call to slash the State Department and USAID budgets by 31 percent through deep cuts to foreign aid and other programs, said the officials, who weren’t authorized to speak publicly about the as-yet unreleased plan and requested anonymity.

Acosta sworn in as labor secretary

Vice President Mike Pence swore in Alex Acosta as the nation’s new labor secretary Friday, filling out President Donald Trump’s Cabinet as he approaches his 100th day in office. The oath-taking came after the Senate’s 60-38 confirmati­on vote Thursday, in which eight Democrats and one independen­t joined Republican­s in voting yes. Acosta, the son of Cuban immigrants, is the nation’s 27th labor secretary, leading a sprawling agency that enforces more than 180 federal laws covering about 10 million employers and 125 million workers.

 ?? AP ?? President Donald Trump gives the pen he used to sign an executive order to Sen. Lisa Murkowski, R-Alaska, on Friday.
AP President Donald Trump gives the pen he used to sign an executive order to Sen. Lisa Murkowski, R-Alaska, on Friday.

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