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- Title
Louisiana v. Biden: The Fallacy of Congressionally Mandated Oil and Gas Drilling in the Outer Continental Shelf.
- Authors
Bergthold, Garrett
- Abstract
The article discusses the case of Louisiana v. Biden, which challenges President Biden's executive order to pause new oil and gas leases on public lands and offshore waters. The court ultimately held that President Biden exceeded his authority under the Mineral Leasing Act and the Outer Continental Shelf Lands Act. The article also explores the environmental impact of offshore drilling and argues that limiting fossil fuel extraction from the Outer Continental Shelf can help combat climate change. The University of the Pacific Law Review article provides a comprehensive overview of the Outer Continental Shelf Lands Act (OCSLA) and its leasing process for offshore oil and gas extraction. It discusses the history, framework, and amendments made to the OCSLA, as well as court cases that have clarified the federal government's obligations and limitations under the act. The article then focuses on the case of Louisiana v. Biden, where several states challenged President Biden's authority to pause new oil and gas leases. The court initially issued a nationwide preliminary injunction, but it was later reversed by the Fifth Circuit Court of Appeals. Finally, the court in Louisiana II concluded that the pause exceeded President Biden's authority under the MLA and OCSLA. The text discusses the legal implications of reducing rates of oil and gas production on offshore leases granted under the OCSLA. It states that a significant decrease in production does not necessarily constitute a regulatory taking under the Lucas standard, but completely barring leaseholders from extraction would render the property economically idle and potentially qualify as a taking. The text also mentions that environmental groups
- Subjects
LOUISIANA; BIDEN, Joe, 1942-; GAS extraction; TRUMP, Donald, 1946-; COASTAL development; GAS well drilling; CONTINENTAL shelf; PETROLEUM industry; GREENHOUSE gas mitigation; SEA level; STUDENT suspension
- Publication
University of the Pacific Law Review, 2024, Vol 55, Issue 3, p499
- ISSN
2379-4895
- Publication type
Article