Initial Rescissions of Harmful Executive Orders and Actions (Trump EO Tracker)

This case was filed by a coalition of environmental organizations. It challenges Executive Order (EO)14148, which rescinded previous protections for areas of the U.S. Outer Continental Shelf in the Arctic, Pacific, Atlantic, and Gulf of Mexico, allowing for potential oil and gas leasing. The Complaint argues that President Trump exceeded his authority under the Outer Continental Shelf Lands Act (“OCSLA”) by revoking President Joe Biden’s prior withdrawals of these areas from leasing. Plaintiffs seek declaratory and injunctive relief to block the executive order and prevent oil and gas development in these environmentally sensitive regions.

Plaintiffs claimed that the (1) EO exceeds presidential authority under OCSLA Section 12(a), which grants the President the power to withdraw Outer Continental Shelf lands from leasing, but does not provide authority to revoke or undo such withdrawals; (2) that the EO is beyond the president’s legal powers (Ultra Vires); (3) that the EO violates the Separation of powers, as Congress did not grant the executive branch to reverse withdrawals under UCSLA; (4) that the EO violates the APA by failing to withdrawal rationale; (5) and that oil and gas development in the OCS regions would cause environmental harms.

League of Conservation Voters v. Trump (2017); 3:17-cv-00101-SLG

Environmental groups challenged President Trump's attempt to revoke protections for Arctic and Atlantic Ocean areas designated by President Obama. Plaintiffs argued that the President lacked authority under OCSLA to reverse prior withdrawals. The district court ruled in favor of plaintiffs, stating that such revocations require congressional approval.  This ruling was upheld by the Ninth Circuit Court of Appeals, affirming that the executive order was invalid and could not reverse the protections set by President Obama.