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The ban relies on the Outer Continental Shelf Lands Act of 1953, which says the president “may, from time to time, withdraw” federal waters from oil and gas development that are not already leased.... Past presidents, including Dwight D. Eisenhower, have invoked the law to issue temporary bans. Obama’s action appears to be the first time the law has been used to impose a permanent drilling ban – and it is almost certain to be challenged.A senior administration official said Tuesday that the White House was “quite confident” that the decision could not be undone by Trump, noting that the law specifies no provision for reversal. The official suggested that overturning the ban could require years of legal action and the passage of a bill in Congress.Some oil industry leaders said they believed the next administration could easily reverse it. They cited a 2008 memorandum by President George W. Bush that lifted a temporary ban in certain offshore areas imposed by President Clinton.... Under the 1953 law, a presidential order that explicitly states that it is intended to be permanent, and is designed to address an “articulated purpose,” would likely stand up to legal challenges, lawyers for two conservation groups, Earthjustice and the Natural Resources Defense Council, wrote in a legal brief on the issue last month.
