h/t Robert from oz – President Obama has stepped up efforts to sabotage Trump’s mandate from the American people, this time by attempting to mess up Trump’s commitment to open public land to oil and gas exploration.
Guest essay by Eric Worrall
Obama Places Sweeping Ban on Offshore Drilling in Atlantic and Arctic Waters
by AMANDA SAKUMA
In the final stretch of his term President Barack Obama is implementing new environmental protections that stand to thwart Donald Trump’s agenda on oil and gas extraction in ways that may prove difficult for the president-elect to roll back.
The Obama administration announced on Tuesday that it will place an indefinite ban on offshore oil and gas drilling across large swaths of Atlantic and Arctic waters. The actions come in conjunction with news that Canada will implement a sweeping ban of its own, launching a set of actions to be reviewed every five years.
“President Obama and Prime Minister Trudeau are proud to launch actions ensuring a strong, sustainable and viable Arctic economy and ecosystem, with low-impact shipping, science based management of marine resources, and free from the future risks of offshore oil and gas activity,” the White House said in a joint statement with the Canadian leader.
…
The latest action hinges on a provision of the 1953 the Outer Continental Shelf Lands Act, a law designed to protect coral reefs and marine sanctuaries. The seldom used measure allows the executive to permanently freeze offshore drilling in specified regions. Senior Obama administration officials stress that there is no provision in the law providing the president authority draw those actions back.
Environmental groups hailed the announcement as a major victory and symbolic milestone in ending offshore drilling in a region where it is exceedingly difficult to prevent and respond to potential oil spills.
“We are confident that this is an announcement that will stick. We have both the law and public opinion on our side,” Sierra Club executive director Michael Brune said.
There is currently no precedent for a president to hit rewind on bans against offshore drilling in the name of environmental protections. And because the actions are not up for review for another five years, advocacy groups say they are optimistic Trump will not be able to reverse the tide.
…
Read more: http://www.nbcnews.com/news/us-news/obama-places-sweeping-ban-offshore-drilling-n698461
I’ve never heard of such a graceless act of contempt for the will of the American people. Opening public land to oil and gas was a central promise of President-elect Trump’s campaign manifesto. Trump won the electoral college, by a wide margin.
But President Obama doesn’t care about the will of the American people – all he seems to care about is hurting the voters who rejected his legacy.
Trump will be able to overturn this nonsense, but the effort required to undo this senseless regulatory vandalism will waste Trump’s time – precious time Trump could have used to fix the US tax code, cut the Federal deficit, drain the climate research swamp, sort out Common Core, fix Obamacare, or sort out the shambolic Department of Veterans Affairs.
Ordinary people will suffer because of Obama’s spiteful attempt to thwart the will of the American people.
Discover more from Watts Up With That?
Subscribe to get the latest posts sent to your email.
http://www.foxnews.com/politics/2016/12/21/congress-obama-admin-fired-top-scientist-to-advance-climate-change-plans.html
Congress: Obama admin fired top scientist to advance climate change plans
http://freebeacon.com/wp-content/uploads/2016/12/2016-12-19-Final-Staff-Report-LDRR.pdf
The Committee concludes that the DOE placed its own priorities to further the President’s Climate Action Plan before its Constitutional obligations to be candid with Congress. The DOE’s actions constitute a reckless and calculated attack on the legislative process itself, which undermines the power of Congress to legislate. The Committee further concludes that DOE’s disregard for separation of powers is not limited to a small group of employees, but rather is an institutional problem that must be corrected by overhauling its management practices with respect to its relationship with the Congress.
“The Committee concludes that the DOE placed its own priorities … before its Constitutional obligations to be candid with Congress.”
Sounds like ample justification to hand out a bunch of pink slips.
As I stated above, that probably is one of the reasons Gov. Perry wanted to eliminate the DOE. Don’t know if he still does, but it might get interesting around there come January/February.
Just how much has Obama cost the USA and its ordinary people?
‘President Obama has stepped up efforts to sabotage Trump’s mandate from the American people, this time by attempting to mess up Trump’s commitment to open public land to oil and gas exploration.’
Amen. Obama isn’t acting alone, either.
‘Most Read from The Washington Post: Congratulations, Trump. Welcome to hell.’
I was under the impression that due to fracking, you guys in the US were self sufficient in oil for the foreseeable future? If that is the case, why drill in places which are difficult to extract oil, expensive to transport the product and hard to sell in a time of an oil glut? It’s a bit like re-opening coal mines in difficult to extract areas when there is almost no market.
Gareth
Others on this thread have expressed a similar view:
https://wattsupwiththat.com/2016/12/20/obama-enacts-permanent-ban-on-arctic-oil-drilling/#comment-2378917
Thanks ptolemy.
How about you let us deal with it. Oh, and you’re welcome for the low gas prices.
I’ll do mine, you do yours. M’kay?
Well, as someone has said, the Democrats have spend 8 years weaponizing the government…and now they have to turn it over to Trump.
Eventually, they’ll get why some of us are “smaller government” folks.
+1 :<)
It’s been a lot longer than eight years, these shenanigans started back during the LBJ administration with the start of the “War on Poverty”, when the leftists started infiltrating the bureaucracies and the schools. The overarching goal was the indoctrination of the school kids into the generation of snowflakes we see now. The Clintons brought it to a real art-form, deep down I believe that the real reason Obama got to be President was to test the waters for Hillary so she’d know how far she could push things. Losing the election was the defeat of a multi-decade plan IMHO.
It’s just another long-term political investment in the Green movement.
Even repealed the process mobilizes the Green base for years to come.
It shouldn’t be forgotten in the current land of Obama regulatory excesses the Greens scored numerous victories in the 70’s and 80’s which in part created the pandering Climate junk science alliances that formed the IPCC/academia/youth culture. The common culture hatred of “big oil”, “corporations” etc. will remain at some base level and every oil spill, hurricane, heat wave, coastal flood an opportunity to remarket “climate change” and “clean energy” Utopianism.
Out of power the hope for movement greens their value system can grow again in the retreated enclaves of primary schools and universities. It will remain a mainstay talking point in the MSM and even expand.
Obama has set out a long term converging plan to mix Marxist and Green values with race, age and class elements. AGW authority was simply a useful tool that will be revived or simply replaced.
“a provision of the 1953 the Outer Continental Shelf Lands Act”
The act has been amended by Congress, as example in 1978.
An avenue is to have Congress amend the act again, limiting the President to obtain prior approval and consent by Congress for “actions” the President that he may be inclined to make regarding provisions of the law.
If impact assessments and cost-benefit analyses determine that such drilling is more beneficial to the planet than detrimental, then I could not bad mouth it. But I will not bad mouth every hint of an effort to be conscientious users of Earth’s resources, just because I believe that the current C02-global warming scare is total crap.
I will bad mouth the hypocrisy of disabling American coal, while shipping it off to, say, China, who burns it anyway. Oh, you Americans can’t use the stuff, but we Americans can still make money off the stuff by shipping it out of sight/out of mind for somebody else to burn.
How much time does it take to sign a presidential order stating, all of Obama’s presidential orders are rescinded?
Like most of what BimBam does, it is a meaningless middle finger raised to the people of the United States, and an act of observance to his true love, the Mad Mullahs of Iran. Because, for so long as oil remains around its current price ($52/bbl.), no drilling will be done in Alaska.
If I were President Trump, on January 21, I would nominate five new conservative constitutionalist Justices to the Supreme Court, raising the number of Justices to 13.
Really, the Roosevelt approach, it didn’t work too well when he tried it!
If I were Obama I’d make a recess appointment of Merrick Garland.
@ur momisugly Phil
+1
Phil. doesn’t a recess appointment end when the next Congress is sworn in? If that is the case, (and I believe it is) Garland would be sitting on the Court for more than 30 days.
No, a recess appointment would last until the end of the next senate session, December 2017.
Umm – he can’t
Did everybody here FAIL CIVICS class?????
28 U.S. Code § 1 – Number of justices; quorum
The Supreme Court of the United States shall consist of a Chief Justice of the United States and eight associate justices, any six of whom shall constitute a quorum.
It would take an ACT of Congress to change the number of justices.
I doubt that McCain, Graham, and Collins would vote for it.
The statute says:
“The President of the United States may, from time to time, withdraw from disposition any of the unleased lands of the outer Continental Shelf.”
It’s pretty clear this is a P.R. stunt by Obummer, there is nothing else in the act that makes it irreversible. It would be at the discretion of the Secretary of Interior and the President to simply change the disposition of the lands from protected to unprotected.
Correct.
@ur momisugly ristvan
Wrong!
The government can only act as it is allowed.
https://capitalnews.vcu.edu/2012/05/15/virginia-makes-amends-for-wrongful-imprisonment/
Virginia lawmakers have to enact a special law to pay an inmate more than the formula provides for wrongful conviction.
The State is not prohibited from paying more than the amount provided by Statute, but they have no mechanism to pay any amount other than what statute compels them to.
https://vacode.org/2016/8.01/3/18.2/8.01-195.11/
note: there is no verbiage of “not more than” in the statute that provides the formula
Karl, you are tiresome. virginia has nothingntomdo with the continental shelf act of 1953. And themwithdrawal provision must be read in light of congressional intent, whichnis a long historymof case law precedents from SCOTUS. Unlike many laws, this one has a long and specific intent preamble making statutory interpretation much easier than in most cases.
I’ve never heard of such a graceless act of contempt for the will of the American people. Opening public land to oil and gas was a central promise of President-elect Trump’s campaign manifesto. Trump won the electoral college, by a wide margin.
Not that wide, President Obama won by bigger margins in both of his elections, and as far as ‘the will of the American people’ is concerned, more voted for Hillary Clinton than for Trump. Just a reminder that Obama is still the president and is not bound by Trump’s promises, Trump can live up to those promises (or not) once he is inaugurated. I take it you were similarly outraged when the outgoing G W Bush administration enacted a record number of such ‘Midnight Regulations’ in an attempt to thwart the incoming president? This was done at the instigation of the Bush chief of stall, Joshua Bolten.
if I was Trump I would send a letter to Obama that says, “I want to grant waivers to some oil companies that have particular offshore tracts that they want to develop. Is there some super-special legal language that you used when you granted waivers to all your union friends for the Affordable Care (snicker) Act? Thanks in advance for the friendly help.”
An irrrevocable regulation?
Gee, I wonder what the un-intended consquences of this action might be?
This would be pure bluff. Unless the law prohibits rescission, Trump can do whatever he wants. As someone else in this thread mentioned, unless something is expressly prohibited, it is permitted. There is also likely no provision prohibiting the new president from rescinding this order.
That’s not how LAW actually works.
Not forbidden is permitted is how lows PROHIBITING BEHAVIOR work.
The converse is true for LAWS ALLOWING BEHAVIOR. If it is not provided or ALLOWED, the government has no way to act.
Canada’s Justine Trudeau is complicit by helping Obama thwart the incoming Trump. How can Canada hope to have good relations with it’s largest trading partner after such blatant stupidity. J.T. must modify his International support of the Liberal agenda/conspiracy. He does not speak for ALL Canadians and his prospects are tanking. GK
Obama’s legacy is “Loser.” He’s by far the worst U.S. president ever.
Aye–tis very true. He has lowered his golf handicap considerably though, perhaps thinking of a place in the seniors tour.
Gandhi==> I think you lack perspective, and I could argue that Buchanan, Andrew Johnson, Wilson, and Carter were worse than Barry.
Strange how he remains remarkably popular . If the US constitution allowed him a third term judging by his approval rating he would walk it. But there we are, it will take a few years of Donny Tramp and his exciting adventures to put things into perspective.
Just in time for the 2018 midterm elections.
Yep- recent midterms have been so fruitful for the LW wackos and their nonsensical constructs- from local seats to Congress.
I have a hard time believing that the actions of a President alone can’t be easily undone by another President with the House and Senate.
And the Canadian Parrot has followed his mentor…
G. Karst
The only way jt will be relegated to the side lines is when Canada goes through the same swamp cleansing that the US just went through.
Premiers notely and wynn are more key players to be flushed. Quebec is and always will be a lost cause. Not sure if Canadian voters will ever wake up.
The irony was thick on yesterday’s local CTV news channel when they ran a story on an Ontario fastener company expanding in the US due to high electricity rates in Ontario, and the next story was on the need for donations to food banks.
The left press likes both stories – high electricity prices are a direct outcome of (failed) green energy policies (contracting to pay 81 cents per kWh for solar power), and food banks feed all those without jobs (a feel good story i think)
Looks like a major cluster fark or another analogy is the circular firing squad.
I hope, your reply, wasn’t meant to cheer me up. 🙂 GK
Unlike those rights bestowed by our creator, what the government gives, the government can take away. History will record Obama’s legacy in asterisks, footnotes and parentheses.
War is coming though it may be a bureaucratic war rather than a hot one, at least for now. It may not be clear yet to most but the battle lines are being drawn. If Obama can act with cynical abuse of law then so can Trump. In all the draconian emergency legislation of recent years there must be a provision for declaring a National Emergency and authority to override any of the executive orders of Obama or laws passed by Congress.
In the end law will likely mean nothing. Sufficient disturbance and Trump may have the opportunity to go before Congress and ask for a law allowing him to rule by decree and a fearful Congress will give it to him. The country has lost all respect for the ballot box. All that remains is the apparent lack of sufficient organization for one party or another to present large scale defiance. Sooner or later someone will find the will, determination and capability to do something unforgivable and the mood of the country will shift.
One should fear dictatorship because the various factions will soon stop at nothing to secure their position. Ruthlessness will soon be a necessity of survival in an increasingly chaotic government.
Most people seem to be seeing the current follies of government to be a joke. It will likely be as much of a joke as the picnickers found who came out from Washington at the start of the Civil War to watch the First Battle of Bull Run, a number of whom got caught up in the struggle with the retreating Union troops as an expected short and comical rebellion turned into a four year bloodbath.
In Australia we had Paul Keating’s gift to Australia as the door hit his backside on the way out: the “Bringing them home” report.
The outgoing North Carolina governor gave it a good try, after disputing the result of an election he’d clearly lost and refusing to concede. When finally forced to concede he hatched a coup attempt with the republican controlled house to strip the incoming governor’s powers. This was achieved by using a special meeting, called to vote on emergency provisions following the hurricane, to pass legislation to strip gubernatorial powers which the out-going governor then signed. Now that’s ‘an act of contempt for the will of the people’!
“There is currently no precedent for a president to hit rewind on bans against offshore drilling in the name of environmental protections.”
This is false. In the linked article below, it tells how President Bush rescinded an executive order banning drilling. CNN also said that some other law that needed modification by congress in order to be effective. The point here is that a president has rescinded such an order in the past.
It also makes me wonder that if there was an executive order to be lifted given that other law, why was there an order if the other law already banned drilling.
See http://edition.cnn.com/2008/POLITICS/07/14/bush.offshore/index.html
This is not an EXECUTIVE ORDER.
It is a statutorily granted power under the ACT in question. The ACT has no process or procedure to reverse a withdrawal. Until there is a lawful (meaning in an enacted law) process to re-instate withdrawn lands — the govt CANT act.
Congress can amend the law to provide a process to re-instate lands withdrawn by the POTUS.
Or it can legislate a new law specifically addressing the issue of re-instating lands withdrawn by POTUS under the ACT.
Until then DJT literally has no means by which to re-instate and an EO cannot overrule actions done under statute.
Which depends on your interpretation of the statute. Which is wrong explicitly because of section 1332(c) and SCOTUS rulings on statutory interpretation. Obama can determine that under the environmental and technical circumstances of today, those lands should be withdrawn. And any future President can determine that under later circumstances, they shouldn’t be. Statutory interpretation. The law didn’t say withdrawn forever. It said withdrawn from time to time. I repeat, it appears a non-lawyer is here dispensing erroneous legal advice based on a WaPo article. Get back when you pass the bar exam and have been admitted. Me, that was 1976 after Harvard Law.
Ristvan go back to Harvard and sue for a refund of your tuition.
..
https://www.merriam-webster.com/dictionary/advice
.
https://www.merriam-webster.com/dictionary/opinion
..
There is a difference between opinion and advice
KS, this is a blog commentary. You really think I do not know the difference between legal opinion and legal advice? One is formal, the other informal. One is supposed to have all the law details checked and referenced. Been there, done that. The other is a consultation. Been there, done that also. But Karl is apparently certain his is both. So trying to jolt him into looking up,the actual law.
Your problem is not my degree. It apparently is that I continue to point out that Karl is just wrong, and won’t let go. Right. He is wrong, and I am not letting go.
Oh, something I did not notice. The law is very funny. Merriam-Webster definitions are not valid. Black’s Law Dictionary is. You can get the 10th revision for only $140 ar Amazon. But then , you would have to read and memorize it.
Ristvan this is a blog commentary and the definitions provided by Merriam-Webster are perfectly valid here since this is not a court of law. Please copy and paste the exact quote of Karl where he provides ADVICE as defined in the links that Mr. Sketchley gave.
…
Thank you in advance.
Rdw, you do not merit a responsive reply since so legally lazy. I already explained the distinction. Karl is adamant that he is right as a matter of fact and law. He is neither. Why bother to link his erroneous comments giving him a false echo chamber? Those false apspertions you can look up yourself upthread. Do your own self assigned homework, warmunist. i will not echo it, you election loser.
Not unexpected. President Obama hails from the Chicago school of American politics which places primary importance on gaining and maintaining power full stop. Laws and regulations are simply another tool toward that goal. Bad public policy is often the by product.
So you are upset that POTUS Obama use a (poorly written) LAW passed by congress in 1953, to enact his Administration’s Environmental policies?
He didn’t use an Executive Order, he used power granted to him by Congress.
Perhaps you should direct your ire at your elected representatives for falling asleep at the wheel.