As CEO of an oil drilling company facing permit denials due to the DOI’s new regulations, you have several avenues to “fight back” using the three branches of the federal government. Here’s a breakdown of how you can leverage each branch, keeping in mind the indirect nature of some of these controls:

1. The Judicial Branch (Courts):

• Legal Standing: Your company clearly has legal standing as it is directly and adversely affected by the DOI’s actions. This is essential to bring a case.
• Administrative Procedure Act (APA) Challenges: You can sue the DOI, alleging that the new regulations are:
  • Arbitrary and Capricious: Argue that the DOI’s shift in policy is not based on sound reasoning or evidence, but rather on political whim. Point to the previous “drill baby drill” approach and argue the pendulum has swung too far without sufficient justification.
  • Procedurally Deficient: Claim the DOI did not follow proper notice and comment procedures when implementing the new regulations. The APA requires agencies to allow public input, and if this was rushed or inadequate, you have grounds for challenge.
  • In Violation of Statutes: Argue that the new regulations conflict with existing laws passed by Congress that govern oil drilling on public lands.
• Takings Clause (5th Amendment): If the permit denials effectively deprive your company of the economic use of its leasehold rights on public land, you might have a “takings” claim. This is a difficult argument to win, but it asserts the government has taken your property without just compensation.
• Example: Your lawsuit could claim the DOI’s environmental impact studies are excessively burdensome and not scientifically justified, thus making it impossible to get permits.

2. The Legislative Branch (Congress):

• Oversight Hearings: Request that relevant congressional committees hold hearings on the DOI’s implementation of the new regulations. These hearings can bring public attention to the issue and pressure the DOI to change its policies.
• Legislative Action: Lobby Congress to:
  • Amend Existing Laws: Seek to amend the statutes that give the DOI authority over oil drilling permits. This would require a change in the law itself, making it harder for the DOI to impose strict regulations.
  • Appropriations Riders: Attach riders to appropriations bills that restrict the DOI’s ability to use funds to enforce the new regulations. This is a powerful tool, but it’s often used in contentious budget battles.
• Example: Lobby for legislation that sets specific timelines for DOI permit decisions, effectively limiting delays.

3. The Executive Branch (President):

• Executive Orders: While less likely given the current administration’s environmental stance, a future president could issue an executive order directing the DOI to revise its regulations or streamline the permitting process.
• Appointments: The president appoints the head of the DOI. A change in administration could lead to the appointment of a Secretary of the Interior who is more sympathetic to the oil and gas industry.
• Office of Information and Regulatory Affairs (OIRA) Review: Regulations often go through OIRA, which reviews their cost and benefits. Lobby for OIRA to scrutinize the DOI’s regulations more closely, arguing that the economic costs of restricting drilling outweigh the environmental benefits.
• Example: A future administration could prioritize energy independence and direct the DOI to expedite oil drilling permits.

Important Considerations:

• Political Climate: The success of your efforts will heavily depend on the political climate and which party controls each branch of government.
• Public Opinion: Shaping public opinion about the balance between energy production and environmental protection is crucial. Highlight the potential for job creation and lower gas prices.
• Financial Resources: Legal challenges and lobbying efforts are expensive. Be prepared to invest significant resources.
• Coalitions: Forming coalitions with other affected businesses and industry groups can increase your political influence.