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The Trump administration’s expected release of the next Offshore Oil and Gas Leasing Plan looms overhead- dictating where new offshore oil drilling could lock us into decades of GHG emissions and potential oil spills. Meanwhile, upcoming actions in another branch of the federal government could also have dangerous and lasting implications for the threat of new offshore oil drilling, seabed mining, and more.
The 119th Congressional Session is rapidly coming to an end. Congress will remain in recess throughout the midterm elections, not returning to session until November 9. This means the House and Senate will have one month to finalize a federal budget for the next fiscal year (and/or pass yet another stop gap funding bill to avoid a government shutdown), and less than two months to pass any remaining bills into law.
When it comes to new offshore oil drilling, two bills of particular concern include: 1) a recently introduced permitting reform bill called the Bipartisan American Affordability and Jobs Act; and 2) the National Defense Authorization Act for FY2027, which includes provisions that give the administration dangerous authority to advance harmful energy projects and allow for a federal landgrab to support Sable Offshore Corp.’s oil pipeline.
Bipartisan American Affordability and Jobs Act (BAAJA)
Opening the door for renewable energy while locking in decades of fossil fuel extraction and weakening bedrock environmental laws.
This long awaited bipartisan permitting reform bill includes measures to speed up and secure certainty for renewable energy projects and transmission lines that support an important transition to a renewable energy future. However, the bill threatens those very climate benefits by also speeding up and securing certainty for fossil fuel extraction projects and other harmful actions like seabed mining. The bill goes as far as rolling back critical components of bedrock national policies including the Clean Water Act, Endangered Species Act, and National Environmental Protection Act. The current version of the bill would prevent agencies from being able to better regulate GHG emissions or pollution from previously approved projects; lock in ill-conceived projects like seabed mining approved during this administration; remove the ability of states and Tribes to stop federal projects from polluting their waterways; and block future administrations from protecting coastlines and marine ecosystems from new offshore oil drilling.
National Defense Authorization Act for FY2027 (NDAA)
Current legislative vessel for advancing a risky coastal oil pipeline, while giving the admin dangerous authority over energy extraction through the Defense Production Act.
Earlier this year, the House passed an NDAA bill that included an alarming provision to allow for the permanent seizing of private property and California state lands, both onshore and submerged. This provision was added via request from an oil company, Sable Offshore Corp., in order to support their recently shuttered oil pipeline that transports offshore oil from California’s coast to an inland refinery. Back in 2015, this pipeline tarnished California's coast by spilling 100,000 gallons of oil along Refugio State Beach, smothering thousands of marine animals and costing the local economy millions of dollars in lost tourism revenue. By overriding important state environmental protections and land-management laws, this NDAA provision undermines critical public trust authorities, weakens judicial oversight, and paves the way for federal eminent domain actions.
The House NDAA also includes a provision that extends and potentially strengthens the Defense Production Act until 2031, granting the administration even more concerning authority to force through harmful energy projects while skirting local and state regulations. In fact, the Defense Production Act is what was used to restart the Sable pipeline mentioned above, even though California State Agencies determined that the pipeline did not meet safety standards. In addition to safety concerns and a blatant disregard for state and local rights, the Defense Production Act is being used to expedite unpermitted fossil-fuel projects under the claim of a national defense and energy emergency, while the administration is simultaneously trying to block permitted renewable energy projects that are well underway. Any extension of this authority must include common sense guardrails and limits on the use of this power by the Department of Energy, and more recently, the Department of Interior, and prevent continued favoritism towards fossil fuels. State regulations that limit or prevent offshore oil drilling, crude oil processing, and oil and natural gas transmission lines could be at risk of being preempted and overridden by federal agencies.
Surfrider’s Response
Building awareness and pushing back.
Surfrider is working with coalition partners and Congressional champions to build awareness about the threats these provisions would have, and inspire members of Congress to vote NO on their passage. Even with Congress currently in recess, negotiations are underway.
Our goals are to ensure that:
- Sable Offshore Corp.’s eminent domain provision (referred to as “Hunt Amendment 7”) is removed from the NDAA;
- any extension of the Defense Production Act includes critical safety guard rails to prevent ongoing perverse use of its authority by the Trump administration; and,
- bedrock environmental laws and oversight authorities are not impaired by a permitting reform bill.
We need your help! Click here to send a message to your representatives in Congress, express your concerns, and demand they take action to protect the future of our ocean and coasts! Time is running out to stop these bills from causing long-lasting consequences.
Meanwhile, Surfrider will continue to fight against other harmful actions by the Trump administration, including their use of the California Coastal Zone Management Program as a bargaining chip to try and force through dangerous projects, at the expense of California’s beloved coastline. More on that here.
As Senior Manager of Science and Policy, Katie leads Surfrider's federal strategy and advocacy priorities and ensures that campaigns of all levels are thoughtfully planned and informed by the most recent and accurate scientific literature. She holds a master's degree in Environmental Science and Management with a background in life cycle analysis, climate policy, hydrogeomorphology, water quality, and habitat management.