Trump sued by environmental groups for exceeding Constitutional authority

Legal counsel for EarthJustice, an environmental advocacy non-profit organization representing the members and supporters of eight environmental and conservation NPOs, including Northern Alaska Environmental Center, Alaska Wilderness League, Oceana, Inc., Turtle Island Restoration Network, Greenpeace, Inc., Surfrider Foundation, Healthy Gulf, and Center for Biological Diversity, along with counsel for Sierra Club and Natural Resources Defense Council representing their members and supporters, filed a lawsuit in the United States Circuit Court District of Alaska on February 19, 2025, naming President Donald J. Trump, Interior Secretary Doug Burgum, and Commerce Secretary Howard W. Lutnick as defendants in complaints that oppose Trump’s “day one” Executive Order number 14148 issued on Jan. 20, 2025, to reverse the January 6, 2025, EO issued by President Biden withdrawing areas of the federal outer continental shelf (OCS) from oil and gas leasing and development. (earthjustice.org/wp-content/uploads/2025/02/alaska-complaint-for-declaratory-and-injuctive-relief-2.19.25-2.pdf)

Prior to filing, President Trump issued an EO on February 14, 2025, establishing a “National Energy Dominance Council,” to be chaired by Secretary Burgum, which will advise Trump on ways he can manipulate Presidential authority to make America a dominant energy producer with a focus on pushing permits for natural gas pipelines in coastal states like New England, Alaska, and California and other areas deemed “underserved” by natural gas companies.

Counsel for the plaintiffs, representing a total of more than 4.8 million members and supporters, listed complaints opposing Trump’s EO 14148, dubbed “Initial Rescissions of Harmful Executive Orders and Actions”, Interior Secretary Burgum’s Secretarial Order No. 3417, “Addressing the National Energy Emergency” and Secretarial Order No. 3418, entitled “Unleashing American Energy”, both dated Feb. 3, 2025, in support of Trump’s “Drill, baby, drill” oil and gas energy agenda), and Secretary of Commerce Lutnick’s plans to accommodate these orders by supporting oil and gas leasing and development in withdrawn areas of the OCS. The plaintiffs seek to hold Burgum and Lutnick accountable for their roles in supporting orders that are in conflict with responsibilities to implement the Outer Continental Shelf Land Act (OCSLA), the Marine Mammal Protection Act (MMPA), and the Endangered Species Act (ESA). By promoting the issuance of permits required for OCS seismic surveying, drilling, and

production of oil and gas, both Trump and Burgum are in conflict with administrative duties related to stewardship of natural resources including Marine and aquatic life and coastal wildlife and habitat.

According to 43 U.S.C. § 1332 (3), (6). OCSLA requires offshore development to operate under environmental safeguards in order to prevent or minimize environmental damage. In this context, OCSLA Section 12(a), 43 U.S.C. § 1341(a), allows the President of the United States to “withdraw from disposition” any unleased lands of the outer Continental Shelf but does not authorize the President to reverse previous section 12(a) withdrawals from disposition.

The Trump administration has issued orders to re-open previously withdrawn areas in the nearshore Beaufort Sea, Pacific Ocean, Eastern and Central Gulf of Mexico (still so legally named at the time of the document filing), and the Atlantic Ocean to oil and gas leasing and other activities such as seismic exploratory testing prior to drilling. The Secretary of Interior and Commerce have issued orders and begun processes in support of the orders issued by Trump.

According to the document filed on behalf of environmental plaintiffs “These activities will degrade affected OCS areas and adjacent coastal environments and harm wildlife, their habitats, and the interests of Plaintiffs and their members.” The document further states that “In reversing President Biden’s Section 12(a) withdrawals, President Trump acted in excess of his authority under Article II of the U.S. Constitution and

intruded on Congress’s non-delegated exclusive power under the Property Clause,

in violation of the doctrine of separation of powers.”

The Property Clause gives Congress the exclusive power to pass regulations regarding all federal properties of the United States and to delegate certain powers to other branches of government. In the absence of that delegation and in the absence of any other statute delegating such powers, those powers do not exist. To operate under the assumption that such power exists is to act in violation of the law and the Constitution and to exceed legitimate authority.

(Contact Aliyah Keuthan at kestreldancing@gmail.com)

 

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