SC is suing President Trump over offshore drilling, and a judge approves the lawsuit
President Donald Trump’s effort to allow drilling along the South Carolina coast suffered a setback in federal court Tuesday.
U.S. District Judge Richard Gergel ruled the lawsuit brought by South Carolina Attorney General Alan Wilson can proceed. The lawsuit seeks to block offshore drilling, Wilson said in a news release.
The Trump Administration had been moving to allow drilling on the Atlantic coast after reversing a decision by former President Barack Obama’s administration to prevent that drilling.
In the lawsuit, Wilson argued in spite of Trump’s action, the president could not legally undo Obama’s executive order with one of his own.
Wilson said “Congress gave presidents the authority to withdraw land from leasing on the Outer Continental Shelf, but did not give presidents the power to reverse that decision and make such areas eligible again for leasing.”
Obama’s executive order withdrew those lands from being leased for oil and gas exploration, according to the release.
The federal government moved to have the lawsuit dismissed, but Gergel’s order allows it to proceed.
“South Carolina has made a sufficient showing at this stage of the litigation of the relationship between the President’s Executive Order and the challenged (seismic testing) permits,” Gergel said in the order. “The Federal Defendant’s motion to dismiss on the basis of standing is denied.”
Gergel also cited a recent court ruling that blocked drilling in Alaska in his order.
Similar to Wilson’s lawsuit, the Alaska ruling found Trump’s executive order ‘unlawful and invalid’ because it exceeded the president’s authority to withdraw protection previously established by Obama, according to the release.
“I would like to thank Judge Gergel for allowing South Carolina’s claims to go forward,” Wilson said in the release. “This case is vital to South Carolina and its beautiful coastline and natural resources.”
The prospect of offshore drilling has incensed coastal leaders, many politicians and environmentalists in South Carolina, a state heavily dependent on seaside tourism in communities like Myrtle Beach, Folly Beach and Hilton Head Island. Tourism would be jeopardized by pollution from oil spills and industrialization of the coast if oil rigs are allowed off the state’s beaches, critics say.
Boosters of oil-drilling say it would be good for South Carolina’s economy, producing hundreds of thousands of jobs. They say it could be done without hurting the environment.
Gergel’s ruling does not stop the Trump Administration from pursuing offshore drilling, but said “at this stage of the litigation ... (the issue calls for) further judicial review.”
This story was originally published February 19, 2020 at 12:18 PM.
