President Joe Biden has permanently banned offshore drilling along a majority of America’s coastline, including off the coast of Delaware.

The ban does not have an expiration date, although the move is considered largely symbolic. The decision removes the possibility that areas off the Atlantic, Pacific and the east Gulf Coast will being surveyed for oil and gas drilling.

During the earlier years of the previous Trump administration, Delaware’s Governor John Carney found himself, along with other coastal lawmakers, at the frontlines of a fight to protect the Atlantic shores from offshore drilling operations.

Biden’s move cannot be reversed by future presidents, but there are ways that future governments can push against it.

Here are the details.

What do the protections mean?

On Monday, Jan. 6, President Biden published a statement that permanently banned offshore oil and natural gas drilling off of the East Coast, West Coast, the eastern Gulf of Mexico and Alaska’s Northern Bering Sea.

“My decision reflects what coastal communities, businesses and beachgoers have known for a long time: that drilling off these coasts could cause irreversible damage to places we hold dear and is unnecessary to meet our nation’s energy needs,” Biden said in his statement.

Combined, 625 million acres of ocean are now permanently withdrawn from lease option from private companies looking to drill for oil and natural gas.

President Biden invoked his authority spelled out in the Outer Continental Shelf Lands Act, which has been used by the previous three presidential administrations to either temporarily or permanently protect areas of the ocean from being used for offshore drilling.

Most recently, this particular section of the law was used by President Trump leading up to the 2020 election to temporarily protect the coasts of Florida and North Carolina. The protections for these areas were set to expire in 2032.

In July 2024, the Coastal Business Alliance, which represents over 55,000 coastal businesses along the United States’ coastlines, sent a letter to the Biden Administration requesting the President to enact permanent protections for these areas.

“Our members understand that dirty and dangerous offshore drilling directly threatens the marine ecosystems we rely on; that same drilling also worsens climate change which brings growing risks to the health and livelihoods of our communities every year,” the letter said.

Coastal businesses and defense specialists have advocated for the protection of more ocean areas, citing that the GDP of coastal economies is inextricable linked with a healthy ocean and coastline.

How far do protections go?

Although they are permanent, there are some restrictions to the decision from the Biden Administration.

The protections do not apply to areas already under lease for drilling, most of which are located on the west Gulf of Mexico (not included in this decision).

It also does not apply to other construction activities that may involve drilling, such as offshore wind projects which require horizontal drilling to connect cables from the ocean to shore.

President-elect Trump has already said he will reverse Biden’s protections “immediately,” although it may not be that simple.

While in office, President Trump attempted to remove similar permanent protections that were set in place by the Obama administration, but this was overruled by a judge who ruled that only an act of Congress can overrule these decisions.

What does it mean for Delaware?

No lease agreements were active in Delaware leading up to President Biden’s decision, but there have been close calls in recent years that have sparked Delaware lawmakers to be proactive.

Between 2017 and 2018, the Trump administration announced that they would revisit offshore drilling restrictions, including off of the Atlantic coast. This prompted Governor John Carney to speak out against drilling in the Atlantic and to meet with former Secretary of the Interior Ryan Zinke to discuss the administration’s offshore drilling plan.

“The health of Delaware’s economy and environment are directly tied to the health of the state’s coastal areas,” said Carney in 2018. “I cannot accept the tremendous risks associated with opening vast areas in the Atlantic to drilling.”

Two senate bills were also passed in 2018 to prohibit oil and natural gas drilling in Delaware’s coastal zones and territorial waters.

The Trump administration previously authorized private companies to use seismic airgun surveys to test for the prevalence of oil and gas under the continental shelf. After which, Delaware signed onto a legal complaint against the federal government.

More: Sussex County denies US Wind permit required for controversial offshore wind project

Environmentalists in particular have hailed President Biden’s decision as a victory for protecting the sanctity of the oceans and coasts.

“Our coastlines are home to millions of Americans and support billions of dollars of economic activity that depend on a clean coast, abundant wildlife and thriving fisheries,” said Oceana Campaign Director Joseph Gordon. “Our treasured coastal communities are now safeguarded for future generations.” 

Molly McVety covers community and environmental issues around Delaware. Contact her at mmcvety@delawareonline.com. Follow her on Twitter @mollymcvety. 

This story is part of the WHYY News Climate Desk, bringing you news and solutions for our changing region.

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Delaware signed an agreement this week with the offshore wind energy company US Wind worth about $128 million, which includes lease payments, community benefits, upgrades to the state’s grid and renewable energy credits. The deal is in exchange for infrastructure needed to transport the energy onshore through Delaware waters and state park land.

The company plans two projects off the Delmarva Peninsula that will provide Maryland ratepayers with renewable energy. The first of which, dubbed MarWin, would construct 21 turbines to generate 300 megawatts of electricity, enough to power 92,000 homes. The second, Momentum Wind, would include an additional 55 turbines churning out 800 megawatts of power, enough to light up 250,000 homes.

The company has leased about 80,000 acres in federal waters off Ocean City, Maryland. If fully developed, it says the site could generate close to two gigawatts of wind energy, or enough to power 600,000 to 700,000 homes. The deal with Delaware comes after the final permits from the Department of Interior were granted to the projects in December and a year after the state began negotiating with the company. 

“With the recent federal and state project approvals, we are ready to reap the environmental, health, workforce, energy cost and community benefits from this needed transition to renewable energy,” said then-Gov. John Carney in a statement on Monday, his last day in office. “Delawareans will benefit in numerous ways from this important agreement.”

While the contract for the offshore wind energy is with the state of Maryland, the project plans to plug into the grid at the Indian River Power plant, a former coal burning station, in Dagsboro, Sussex County, Delaware. Underground cables would connect the turbines beneath Delaware state waters and wetlands, including Indian River Bay and 3R’s Beach at Delaware Seashore State Park.

Henlsey, 59, is a Republican who since 2014 has represented the Odessa-Port Penn area of southern New Castle County. He was re-elected Nov. 5, winning 53% of the vote in defeating Democrat Terrell Williams.

While a state lawmaker’s arrest is a newsworthy event, state police did not release any information to the public, so for nearly two months Hensley’s pending criminal case was not revealed to the public.

But recently, Hensley’s name appeared in the Kent County Court of Common Pleas docket for his arraignment Tuesday, where he pleaded not guilty.

Asked why Hensley’s arrest went unreported, police said they have a policy not to issue news releases for misdemeanor offenses, no matter what position the suspect might hold in the community. The same lack of public disclosure occurred last month when state budget director Cerron Cade was arrested for several alleged shoplifting incidents at the Wilmington Home Depot store.

Hensley, reached by WHYY News Monday, would not comment and referred questions to his attorney, Joseph Hurley, who said he would make remarks later today.

Attorney General Kathy Jennings said in a written statement that her office won’t give any deference to Henley’s position as an elected official.

“No matter who’s behind the wheel, drunk driving endangers everyone,’’ Jennings said. “These moments can easily become deadly, and we are extremely fortunate that the injuries in this collision did not become more serious.”

“We prosecute based on the law and the evidence of every case. Mr. Hensley faces multiple misdemeanor charges and will be treated as any other defendant, regardless of his title or position.”

Lawmakers will return to Dover to start a new session of the General Assembly next Tuesday.