On Friday (10/3/2025), Judge Cain found that President Biden exceeded his authority under Section 12(a) of the Outer Continental Shelf Lands Act (OCSLA) by attempting to permanently withdraw large areas of the OCS from future oil and gas leasing. The Biden withdrawals, executed in his final days in office (by autopen?), resulted in the largest ever permanent ban on offshore oil and gas leasing in the US, and to the best of my knowledge, anywhere in the world (see link for details on the ban).
Although President Trump rescinded Biden’s action via executive order on January 21, 2025, the court proceeded with the case, acknowledging the high likelihood of similar actions in the future.
Judge Cain concluded that Biden departed from historical executive practice and exceeded statutory limits under OCSLA Section 12(a), which allows the president to “withdraw from disposition any of the unleased lands of the outer Continental Shelf,” but does not explicitly authorize permanent or irrevocable bans.
The judge emphasized that prior withdrawals were typically temporary or modifiable, and attempts to make them permanent encroached on congressional powers.
Judge Cain extended the ruling to Obama’s extensive end-of-term withdrawals in 2016, finding them similarly unlawful for intending permanence.
The ruling reinforces that OCSLA withdrawals must be revocable by future presidents, limiting executive power to bind successors on public lands disposition. The ruling should prevent future reliance on leasing bans.
Judge Cain’s decision is important because leasing bans should be carefully considered and should not be executed casually at the end of a term for purely political purposes.
Bud's Offshore Energy (BOE) 