Ocean Policy To Advance the Economic, Security, and Environmental Interests of the United States

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Overview

Purpose and Intent

Executive Order 13840, issued by President Donald Trump on June 19, 2018, aims to advance the economic, security, and environmental interests of the United States through a revised ocean policy. Recognizing the foundational role of ocean, coastal, and Great Lakes waters in bolstering America’s economy, national security, and overall well-being, the EO seeks to streamline and enhance public access to marine data and improve interagency coordination on ocean-related matters. By promoting engagement with marine industries, scientific communities, and other ocean stakeholders, the order intends to bolster America’s global competitiveness while ensuring environmental stewardship.

Revocation of Prior Policies

This EO notably revokes Executive Order 13547 issued by President Barack Obama in 2010, which focused on the Stewardship of the Ocean, Our Coasts, and the Great Lakes. Trump's order departs from its predecessor by ostensibly reducing the emphasis on conservation and expanding the focus to economic benefits and national security. The shift underscores the administration's prioritization of economic growth and deregulation over environmental policy frameworks that characterized the previous administration.

Enhancing Coordination and Consultation

The order establishes an interagency Ocean Policy Committee to ensure cohesive federal actions on ocean-related matters. This body, co-chaired by the Council on Environmental Quality and the Office of Science and Technology Policy, will coordinate with various federal departments, aiming to streamline decision-making processes and facilitate communication among stakeholders. The mandate includes enhancing data collection and sharing, supporting economic growth in ocean industries, and maintaining federal participation in regional partnerships.

Focus on Science and Technology

Leveraging best available science and technology is a pivotal aspect, as the order calls for modernizing the acquisition and distribution of ocean-related knowledge in collaboration with multiple stakeholders, including marine industries, scientific communities, and local governments. The EO seeks to inform policies that foster economic opportunity and sustainable use of marine resources. It emphasizes utilizing science to guide policy, aligning with technological advancements that offer new avenues for exploration and resource management.

Economic and Security Priorities

The EO emphasizes the significance of energy production from federal waters to national security, highlighting a strategic shift towards exploiting domestic resources to reduce energy imports. Additionally, safeguarding maritime commerce and logistics is presented as vital to the national economy and security, reflecting an administration-wide emphasis on "America First" policies that prioritize domestic over foreign interests.

Legal and Policy Implications

Constitutional and Statutory Framework

While the EO asserts no direct legal changes to statutory laws, its implementation could potentially influence how existing laws are applied, particularly in areas involving marine resource management and energy production. By aiming to streamline interagency coordination, the EO encourages federal agencies to operate within a more aligned framework that could affect interpretations of statutory mandates, potentially altering regulatory practices.

Impact on Environmental Regulations

The policy favors economic and security interests, which may weaken environmental regulatory frameworks established under previous administrations. By positioning economic utilization alongside environmental stewardship, there is potential for conflict between economic growth objectives and the enforcement of conservation laws. The obligation of federal agencies to review regulations for consistency with the EO could see a loosening of environmental constraints to prioritize economic benefits.

Amendments and Supersession

Aside from revoking EO 13547, no specific amendments to existing laws are made; however, the EO's emphasis on economic and national security aspects may sway future legislative processes. The order supersedes previous ocean policies by aligning marine resource management with economic imperatives, potentially influencing future statutes and agency guidelines regarding ocean policy.

Federal and State Relations

Federal participation in regional ocean partnerships is endorsed, but the EO's focus on federal-led initiatives may affect state autonomy over local marine issues. There’s an implicit encouragement for states to align with federal economic objectives, which may alter the balance of state versus federal jurisdiction in resource management and possibly lead to legal disputes over authority and jurisdiction.

Policy-Based Changes and Continuity

EO 13840 promotes a pronounced pivot from comprehensive stewardship to a policy orientation that fundamentally intertwines economic and security enhancements with marine governance. This is indicative of the broader policy trend of the Trump administration, which has often prioritized deregulation, resource exploitation, and national security considerations over traditional environmental and conservation frameworks established by prior executives.

Who Benefits

Ocean Industries and Entrepreneurs

Industries engaged in energy production, maritime commerce, and fisheries stand to gain significantly from the EO's policy direction. By advocating for the facilitation of economic growth and the productive use of marine resources, the EO provides a favorable environment for businesses focusing on offshore drilling, transportation logistics, and commercial fishing ventures. The emphasis on regional partnerships and federal support mechanisms urges participation from private enterprises in shaping regional ocean policy.

Energy Sector

The energy sector, particularly companies involved in offshore oil and gas extraction, could see substantial benefits due to the focus on boosting domestic energy production and reducing reliance on imported energy. The EO aligns with the Trump administration's broader energy goals of achieving energy independence and exploiting domestic reserves more fully, which could lead to increased access to previously restricted federal waters.

Defense and Security Organizations

The EO recognizes the critical role of the Armed Forces in safeguarding national interests along the coast and in ocean territories, potentially channeling more resources and strategic focus to maritime defense initiatives. This is complemented by the reiterated commitment to bolstering America’s energy security, indirectly benefiting defense contractors and associated industries engaged in maritime equipment and technology development.

Science and Technology Community

As a central pillar of the EO, modernization through the use of science and technology offers opportunities for research institutes and technological firms developing marine-related innovations. By engaging with the ocean science community to inform policy decisions, the EO could open up funding and collaborative prospects for advancements in marine technology, surveillance, and data management.

State and Local Economies

Coastal states and local economies dependent on marine industries can expect economic boosts from enhanced federal support and streamlined coordination between agencies. The policy's emphasis on job creation and economic growth linked to ocean and coastal activities suggests potential fiscal and employment upswings, especially for regions with rich access to marine resources.

Who Suffers

Environmental and Conservation Advocates

The shift away from the conservation focus of previous policies may be detrimental to groups advocating for stronger environmental protections and sustainable marine management. The EO's economic emphasis likely overrides access restrictions intended to conserve marine biodiversity, potentially exacerbating conflicts with environmental organizations challenging resource exploitation practices.

Indigenous and Coastal Communities

Indigenous and local communities that depend on unspoiled marine environments for their traditional livelihoods and cultural practices might face challenges due to resource extraction and industrial activities. Potential conflicts regarding land use, artisanal fishing rights, and ecological impacts could arise, proving burdensome particularly for communities lacking the resources to engage effectively in advocacy or legal challenges.

Regulatory Bodies

Agencies historically tasked with enforcing stringent environmental and marine resource regulations may encounter bureaucratic friction due to the changed priorities. The EO encourages a revision of regulations, potentially curbing their efficacy in implementing conservation-driven policies or intervening in practices that disturb vulnerable marine ecosystems. The redirection of priorities could lead to resource and operational constraints as well.

International Environmental Cooperation

The domestic-focused policy could weaken international collaborations geared toward global ocean health and sustainable practices. As the U.S. adopts a more unilateral approach emphasizing its economic and security interests, partnerships formed to address multinational marine issues might be sidelined, impacting global conservation collaborations and diminishing the country's influence in international environmental forums.

Future Generations

The EO’s focus on immediate economic gains over long-term environmental sustainability raises concerns about the future availability and quality of marine resources. Absent rigorous conservation measures, future generations could inherit degraded marine ecosystems and diminished biodiversity, limiting their ability to rely on oceans for economic, cultural, and ecological purposes.

Historical Context

Shift in Policy Priorities

Executive Order 13840 embodies the Trump administration’s hallmark policy maneuver toward economic deregulation and America-centric energy independence. This order shifts focus from previous administrations' environmental stewardship and international cooperation priorities towards more nationalist and industrial-driven approaches.

Contrast with Obama-Era Ocean Policies

The revocation of EO 13547 signifies a clear departure from the Obama-era direction that emphasized ecosystem-based management and resilience to environmental changes. Whereas previous policies were perceived as expansive with an ecological lens, Trump's order scales back those inclinations in favor of economic development and competitive energy policies.

Alignment with "America First" Ideology

Rooted in the “America First” doctrine, the EO strategically aligns with broader nationalistic themes of Trump's presidency, prioritizing domestic industries, energy sovereignty, and reducing international dependence. This approach echoes throughout other aspects of the administration’s policies stretching across sectors beyond environmental governance.

Trend Towards Deregulation

The EO contributes to a broader trend favoring deregulation during the Trump years, aiming to dismantle extensive federal frameworks perceived as barriers to economic efficiency and growth. This trend has been apparent in other areas too, such as labor standards and climate regulations, where policy shifts were influenced by similar ideologically driven views.

Impact on Federal-State Relations

Historically, ocean policy has involved collaboration between federal and state entities to manage jurisdictional complexities. The order’s federal-heavy approach suggests potential for new power dynamics, with the federal government leading project directions which might diminish collaborative engagements, resulting in responses that either align or conflict with state preferences and objectives.

Potential Controversies or Challenges

Environmental Legal Challenges

Given its potential impacts on ecological regulations, the EO could attract numerous legal challenges from environmental advocacy groups opposed to the expanded economic exploitation of ocean resources. Legal disputes may focus on alleged inconsistencies with existing environmental protection statutes, potentially leading to court cases addressing the balance between economic actions and conservation.

Federal-State Jurisdictional Conflicts

The focus on federal leadership over ocean-related projects may spark opposition from states with traditions of regulating their marine territories. Legal contention might arise over perceived federal overreach into state-managed waters, especially if local regulations contravene the broader economic motivations stipulated in the EO.

Implementation and Compliance Concerns

The successful implementation of the EO relies on diverse agency collaboration, which might be difficult given existing bureaucratic structures and policy divergences. Agencies historically aligned with conservation could resist compliance with policies that appear to undermine environmental protections, resulting in administrative friction and fragmented policy execution.

International Diplomatic Relations

The EO may impact U.S. relations with nations focused on global environmental efforts. A move towards unilateral resource maximization could negatively affect perceptions of the U.S.'s commitment to shared ecological responsibilities, potentially impacting broader diplomatic negotiations involving environmental and resource management.

Public and Stakeholder Perception

The EO may face public scrutiny given the increasing awareness of climate change implications and the importance of conservation. Discontent may build among stakeholders who feel sidelined by the economic-centric policy, which overlooks broader ecological health in favor of immediate commercial gains.