As indicated on page 2 of the CRE report, President Clinton issued Executive Order 13158 on May 26, 2000. In May 2000, the approximate price of crude oil was $35.00 a barrel (inflation adjusted) and the stocl market was soaring with the Dow at approximately 11,000. Additionally, the geopolitical climate, in particular, America’s relationships with oil producing nations (e.g. Venezuela, Iran, etc.) was very different than it is today. I would argue, in fact, that when the D.C. Circuit Court ruled in 1981 in “State of California ex rel Brown” that development of oil and gas resources on the OCS must be considered the primary objective of the act, the economic and geopolitical climate of the time (1981) is more similiar to the one we face in 2009 that when President Clinton signed Executive Order 13158 in May 2000. As a nation, our current economic and geopolitical climate are far different than just nine years ago. In fact, I would argue, that when looking at legal precedent the D.C. Court ruling in 1981 is far more relevant than the E.O. 13158 given the current challenges the U.S. faces. I favor environmental concern and the limitation of “harm” to natural resources during the exploration process. However, I do not believe it is realistic to expect to “avoid harm” to the environment during this process. Unfortunately, effective exploration and some harm or disruptions to the environment are mutually exclusive.
Posted by Seth Brecher, D.C. Teaching Fellows and Masters Degree Candidate in Higher Education at George Washington University