Biden Bans Popular Water Heaters Over Christmas

The Biden administration has a new ban on certain gas-fueled hot water heaters, impacting roughly 40% of new tankless water heaters and forcing consumers to pay an extra $450 for alternatives. The ban goes into effect on March 11, 2025, for sales beginning in 2029. The ban severely limits consumers’ choices regarding their water heater purchases, often forcing Americans to ostensibly pay more for inferior products to help fulfill Biden’s climate agenda. Biden’s Department of Energy (DOE) finalized the rule the day after Christmas, hoping people would be too distracted by the holidays to pay attention to the impact of the new ban.

The new rule stipulates that new tankless gas water heaters must rely on 13% less energy than the least efficient comparable model on the market today. While the restrictions do not outright ban non-condensing models, only condensing models have been able to meet the new energy efficiency requirements, according to the Washington Free Beacon. Biden’s DOE also opted not to send out a press release or any other form of a public announcement as they have in the past with similar “climate oriented” appliance bans.  The agency apparently sought to keep people in the dark about its new rule.

The proposed ban could significantly drive up costs for low-income individuals and the elderly, as tankless water heaters are commonly used in smaller homes and apartments where these groups tend to live. The ban would force consumers to choose between pricier models or traditional storage tank water heaters, which are typically more affordable but less energy-efficient than their tankless counterparts. For instance, a non-condensing Rinnai tankless natural gas water heater is priced around $1,000 at Home Depot, whereas a similar condensing tank model costs roughly $1,800. Additionally, Rinnai recently completed a $70 million facility in Georgia to manufacture non-condensing gas water heaters domestically.

According to Matthew Agen, the American Gas Association’s chief counsel for energy, “The final rule is a violation of the Energy Policy and Conservation Act (EPCA), which prohibits DOE from promulgating a standard that renders a product with a distinct performance characteristic unavailable.” Some courts have agreed. In its rebuke of the Biden clothes and dishwasher rules last January, the Fifth Circuit Court of Appeals concluded Congress never granted the DOE powers “to regulate water use for energy-using appliances.”

From targeting ceiling fans to attempting to enforce a federal ban on gas-powered vehicles, the Biden administration has been limiting Americans’ ability to choose the products that best suit their needs and manage their own spending. The government’s growing reach has increasingly sought to control various aspects of daily life. These restrictive policies have burdened consumers with significant costs, contributing to rising inflation. Throughout Biden’s presidency, regulations from the Department of Energy aimed at making appliances more “eco-friendly” are estimated to have added $9,000 to the expenses of the average American family.

President-elect Trump is considering an executive order to protect gas stoves and heaters, among other executive orders to reverse Biden administration actions. Trump has tapped Liberty Energy CEO Chris Wright to serve as his secretary of energy, and once confirmed, he will be tackling Biden’s lame-duck prohibitions on affordable energy, micromanagement of American families, and its decision-making about the appliances the agency chooses to fit their needs and budget best, among other onerous anti-fossil fuel policies by the Biden administration.

Conclusion

The Biden DOE has issued over 100 energy efficiency rules on appliances and household equipment, which they claim will fight climate change and save consumers money. If that were true, market forces would have achieved the same goals without the federal government’s enforcement. Most recently, Biden’s DOE finalized a rule that would ban about 40% of new tankless hot water heaters, raising costs and impacting low-income and elderly Americans more heavily as they live in smaller residences and rely on smaller appliances.

Historically, the appliances the DOE reviewed performed worse and cost more. DOE rulemaking, combined with state and local efforts to ban natural gas hook-ups in new homes and buildings, is how the Biden administration and environmentalists intend to take gas appliances away from consumers despite their affordability, reliability, and comfort factor. This is part of the Biden administration’s comprehensive effort to “end fossil fuels.”

President-elect Donald Trump and his administration plan to undo Biden’s absurd bans as early as day 1, but that may be more easily said than done, with opponents taking the reversals to court to keep Biden’s policies and regulations in place, as they did during Trump’s first term when he attempted to undo many Obama-Biden Administration policies.


*This article was adapted from content originally published by the Institute for Energy Research.

Biden Expands Drilling Ban To Federal Waters

President Joe Biden is reportedly preparing an executive order to permanently ban new oil and natural gas leasing in parts of the outer continental shelf using a 72-year-old law that would exclude areas from any exploration or possible development. In the 1953 Outer Continental Shelf Lands Act (OCSLA), which governs offshore oil and gas development, Congress included a provision giving presidents wide discretion to exclude specific waters from leasing permanently. According to supporters of the action, it did not explicitly grant the authority for a future president to undo those designations. Biden has already taken actions against offshore oil and gas drilling, producing a 5-year lease plan with only three scheduled lease sales—the fewest in history—and even considering the option of no lease sales. The three sales announced are the minimum required by law. Biden has been leasing fewer federal acres for oil and gas than any president since World War II, before the OCSLA was enacted.

Biden’s ban is expected to include waters anti-fossil fuel groups claim are critical to coastal resilience across 625 million acres of U.S. coastal territory, ruling out the sale of drilling rights in Atlantic and Pacific waters and the eastern Gulf of Mexico. Congressional Democrats and many environmental groups urged Biden to make a sweeping declaration. Still, most recent talks focused on parts of the Pacific Ocean near California and the eastern Gulf of Mexico waters by Florida. The declaration is not expected to affect drilling and other activity on existing leases as those would represent takings requiring compensation. The ban will not have an immediate effect on U.S. production since it typically takes 6-8 years for these offshore projects to come online. It will, however, deny Americans access to future energy supplies and the huge revenues they generate for the treasury while forcing U.S. explorers to foreign shores where environmental and safety standards do not meet those of the United States.

President-elect Donald Trump is expected to immediately reverse the protections as he has indicated his energy agenda would involve more oil and gas drilling alongside new leasing. However, during his first term, Trump sought to revoke former President Obama’s order to lock up more than 125 million acres of the Arctic and Atlantic Oceans. However, he was rejected by a federal district court in 2019. The judge ruled only Congress would be able to revoke the ban. Trump has used the same statute in 2020 to block oil and gas leasing in waters near Florida and along the Southeast United States.

Other presidents have also used this statute to protect critical marine areas, including walrus feeding grounds, U.S. Arctic waters, and marine ecosystems. In 1960, President Dwight Eisenhower established the Key Largo Coral Reef Preserve, which remains under protection today. Similarly, President George H.W. Bush invoked the same provision to block oil leasing off the West Coast, in the Northeast, and around southern Florida for a period of ten years.

Despite decades of heavy investments and mandates promoting renewable energy, the world still derives about 80% of its energy from fossil fuels. The United States, rich in oil and gas resources, is a leader in producing these energy sources with higher environmental standards than many other nations. Nearly a century after its first exploration, the Gulf of Mexico remains a vital source of U.S. oil and gas, supplying roughly 14% of domestic production—placing it among the world’s top 12 oil-producing regions.

Conclusion

President Biden plans to permanently ban new oil and gas drilling in large sections of the Atlantic and Pacific oceans and other federal waters through executive action using a 72-year-old law. President-elect Donald Trump will reverse the ban, but similar actions by his predecessor during his first term were blocked by a federal district court. Biden has been actively blocking more U.S. lands and waters from energy development than any other president, despite legislation that indicates that U.S. land is to be used for multiple purposes to benefit the country’s citizens. The Biden administration has recently rushed to finalize billions of dollars in funding for clean energy and renewable projects and billions more for green public interest groups with which it is politically aligned. Furthermore, Biden has issued final guidelines for green tax credits and applied to withdraw 264,000 acres of federal lands in northeastern Nevada’s Ruby Mountains from oil, gas, and geothermal leasing for 20 years.

Considering the enormous amount of land that has been set aside unilaterally by presidents using the 72-year-old OCSLA and little judicial review except a judge stipulating that only Congress can overturn it, the time may be ripe for Congress to consider this as a revenue-raising provision in the upcoming Budget Reconciliation package, which must be accomplished this year. Also, an appeal could be sought for the judge’s decision since the OCSLA provision anticipated presidential authority to be specific and targeted rather than regional and comprehensive, as was the case for the Obama withdrawals.

Biden Plots 20-Year Ban On Energy Production for Nevada

The Biden administration has moved to prevent oil, gas, and geothermal leasing for 20 years on 264,000 acres in Nevada’s Ruby Mountains, responding to requests from Native American tribes and environmentalists. The ban, which would still allow mining, starts a 90-day public comment period, which will stretch into the first months of President Trump’s second term. The application, however, prevents oil, gas, and geothermal exploration, development, and production on that land for two years during the implementation process. In 2019, the U.S. Forest Service concluded oil and gas leasing was not suitable in the Ruby Mountains. The mountain range is popular with hunters, fishermen, and conservationists and has no known oil reserves. However,  developers have not explored the range, that leasing would allow.

According to the Forest Service, interest in a lease covering more than 137 square miles within the Humboldt-Toiyabe National Forest was submitted anonymously through the Bureau of Land Management, which holds mineral rights under public land, in 2019. Filings are anonymous until a lease sale occurs. It is the second time a lease has been sought in the Ruby range. The prior request covered more than 78 square miles between Harrison Pass and Lamoille Canyon in Elko County and was met with thousands of letters of objection from the public with little support. The Forest Service rejected this request, citing widespread public opposition.

The Humboldt-Toiyabe National Forest spans nearly 10,000 square miles, stretching from the far northeastern corner of Nevada near Jarbidge to the southern reaches near Las Vegas. Statewide, approximately 260 employees, including 40 based in the Mountain City Ranger District in the northeast, assess various proposals related to activities such as hard rock mining, grazing, and recreation. Despite the federal government owning more than 80% of Nevada’s land, there has been limited leasing for oil and gas exploration, and few wells have been drilled to evaluate the state’s hydrocarbon potential.

In addition to the Ruby Mountain ban, the U.S. Department of the Interior has announced permanent protections in Grand Teton National Park and facilitated a $100 million acquisition of a 640-acre parcel of land from Wyoming. Before this transaction, the land was the largest unprotected area within the park. This property serves as a crucial migration corridor for the pronghorn, an antelope-like species that roams from Canada to parts of Texas.

These actions by President Biden directly contrast with the energy policies proposed by President-elect Donald Trump, who has promised to expand oil and gas production and move away from Biden’s emphasis on climate change and “clean energy.” Trump’s energy policies for federal lands will be overseen by Doug Burgum, his nominee for Secretary of the Interior, who will also head Trump’s National Energy Council.

This is not the first instance of Biden taking steps to limit fossil fuel extraction on federal lands. His administration has imposed a ban on new coal leases in the Powder River Basin, halting coal production there after 2041. The Powder River Basin is the largest coal-producing region in the U.S., covering much of northeast Wyoming and parts of southeast Montana. It produces subbituminous coal, which fuels electric generators and accounts for 40% of the nation’s thermal coal output. The ban on new leases will prevent the extraction of 48.12 billion short tons of coal across 413,250 acres in the basin.

The Biden administration has also proposed stricter regulations for oil and gas drilling on over 6,500 square miles of federal land in the West, citing the need to protect the declining Greater Sage Grouse—a chicken-sized bird known for its intricate mating rituals. The Interior Department’s plan aims to strengthen protections established during the Obama-Biden era in 2015, which already limited energy development across 226,000 square miles of grouse habitat in 11 states. The new measures would close “loopholes” that previously allowed energy exploration in areas deemed crucial to the bird’s survival. Under the proposal, drilling would only be permitted on sites located outside of designated protected areas, preserving four million acres from surface-level development to safeguard the sage grouse population, which are hunted in seven states. State officials argue that the bird’s management would be more effective if handled by local wildlife agencies rather than imposed from Washington, D.C.

The Biden administration has also scaled back leasing in the Arctic National Wildlife Refuge (ANWR), reducing the available land to the smallest allowable under federal law—400,000 acres—and imposed stringent regulations that discourage potential bidders. A provision in the 2017 Tax Cuts and Jobs Act mandates a lease sale in ANWR before Biden’s term ends. The Inupiat Eskimo people of Alaska’s North Slope rely on this lease sale for jobs and economic stability. However, the Biden administration’s heavy-handed regulations have made the sale less appealing to energy companies, a move that critics argue benefits environmentalist groups opposed to U.S. oil production. The January 2021 ANWR lease sale, for example, was largely unsuccessful, leading some to claim that the potential oil resources in the region, which could rival those of nearby Prudhoe Bay, hold little appeal.

Additionally, the administration has removed 13 million acres from the National Petroleum Reserve in Alaska, reduced the area available for leasing in a New Mexico auction by more than 3,000 acres, and has conducted the fewest offshore oil and gas lease sales in the history of the program. These policies have led to fewer acres being leased for oil and gas exploration than under any president since World War II. Critics argue that these actions jeopardize national security, lead to job losses, and contribute to higher oil and gasoline prices for American consumers.

Conclusion

The Biden administration is at it again, limiting federal land for oil and gas exploration, despite President-elect Trump’s plan to make the United States energy dominant. Biden is banning oil, gas, and geothermal development in the Ruby Mountain area of Nevada for 20 years and has announced permanent protections in Grand Teton National Park and the $100 million purchase of a 640-acre parcel of land from Wyoming. The ban for the Ruby Mountain area will have a 90-day public solicitation that will run into the first few months of President Trump’s next term. President Biden has been on the warpath—limiting the use of federal land for fossil energy purposes and making it harder for the Trump administration to increase production by having it deal with regulatory red tape. Cutting off energy opportunities to deny Americans access may have intellectual appeal to those who are comfortably wealthy, but for those who read utility bills, watch their grocery bill, and worry about future opportunities for their children, it is needlessly cruel.


*This article was adapted from content originally published by the Institute for Energy Research.

On The Unregulated Podcast #211: From the Bottom of My Black Heart

On the last episode of The Unregulated Podcast for 2024, Tom Pyle and Mike McKenna discuss the tumultuous CR battle, Biden’s fade out of office, and the final headlines of the year.

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AEA’s Kenny Stein On Energy MIXX

On Sunday, December 22nd, AEA’s Vice-President for Policy Kenny Stein joined the Energy Mixx Radio Radio Show. On the show Kenny discusses what the recent election results mean for America’s energy future and what to look forward to from the new Trump administration. Energy Mixx is A program about the oil, gas and energy business heard Sundays on 740 KTRH, Houston.

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AEA Statement on California Waiver Announcement 

WASHINGTON DC (12/18/24) – Today, the Biden-Harris administration announced it will grant the State of California permission to move forward with its ban on gas-powered cars and light trucks. Earlier this year, our partner organization, the Institute for Energy Research, filed an amicus brief in a case challenging the legality of such a waiver.

Tom Pyle, President of the American Energy Alliance, issued the following statement:

“It is no surprise that President Biden waited until the eleventh hour of his presidency to run roughshod over the wishes of the American people by granting California permission to ban gas-powered cars and light trucks.  

“Voters sent a clear message in November that they oppose President Biden and Governor Newsom’s EV mandates. These reckless policies have raised the cost of all vehicles on the market and fail to take into account the needs and realities of most Americans.

“Americans should be free to choose the types of cars and trucks that best suit their needs, not ones that bureaucrats in Washington, D.C. and Sacramento dictate to them. Access to affordable vehicles has helped maintain widespread access to mobility, a cornerstone of American life that has fueled our dynamism for more than a century. 

“President Biden and Governor Newsom have once again put the interests of coastal elites and green special interests ahead of working and middle-class American families. This decision is yet another example of how completely out of touch the Democratic Party has become. I look forward to Donald Trump immediately revoking this waiver when he is sworn in as the 47th President of the United States.”


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AEA Statement on DOE’s LNG Exports Report

WASHINGTON DC (12/17/24)– American Energy Alliance President Thomas Pyle released the following statement today following the release of the Department of Energy’s report on liquified natural gas (LNG) exports: 

“This latest analysis of LNG exports fundamentally misrepresents the economic and environmental benefits of America’s global leadership in energy production. The study epitomizes four years of misguided energy policy that has consistently undermined American energy independence. 

“The Department of Energy – led by a Secretary who famously didn’t even know how much oil our nation used – has produced an analysis designed to justify restricting America’s role as a global energy leader rather than embracing it. This whole effort has been nothing more than an equation in search of a solution to a problem that never existed. The report is one more in a long list of actions the Biden-Harris Administration has taken to suppress American energy dominance.  

“On election day, the American people rejected these kinds of artificial limits on America’s energy export potential. I look forward to this study being thrown in the trash bin on January 20, 2025, because that’s where it belongs.”


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The Unregulated Podcast #210: Joy 

On this episode of The Unregulated Podcast Tom Pyle and Mike McKenna are joined by Alaskan Governor Mike Dunleavy for a discussion on resource development, Alaska’s energy future and more.

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Biden Takes Parting Shot At American Coal Producers

The Biden-Harris administration is halting new coal leases in the Powder River Basin, ensuring that the U.S. will cease coal production there after 2041. The Powder River Basin, located in northeast Wyoming and parts of southeast Montana, is the largest coal mining area in the country. It produces subbituminous coal, prized for its low sulfur content, which is primarily used in power generation. The region is responsible for supplying 40% of the nation’s thermal coal. The Bureau of Land Management (BLM), under the Biden-Harris administration, has decided not to offer new coal mining leases on federally managed lands in the Basin. This move will prevent the extraction of 48.12 billion short tons of coal across 413,250 acres in the region.

Following a federal lawsuit (Western Organization of Resource Councils et al. v. Bureau of Land Management), a court ordered the BLM to revisit its environmental review and consider alternatives such as no-leasing or limited leasing options. Taking advantage of this opportunity, the Biden-Harris BLM concluded that “additional leasing of BLM-managed coal is not necessary” after conducting an analysis outlined in the Final Supplemental Environmental Impact Statement. This assessment found that the existing coal reserves from currently operating mines in the Basin are sufficient to meet production demands until 2041.

Wyoming’s Governor Mark Gordon plans to fight the decision in court. Gordon believes the decision is political as Congress has directed federal lands under BLM to be managed for multiple uses, including the production of coal and jobs in states with large federal land ownership. The BLM, however, under the Biden-Harris administration, updated its approach to land management, recognizing conservation now “as an essential component of public lands management, on equal footing with other multiple uses of these lands.” Wyoming has spent $800,000 on a retainer for a law firm, Consovoy McCarthy, who has argued multiple appeals before the U.S. Supreme Court. And, according to Wyoming Senator Cynthia Lummis, the federal government has overstepped its powers to regulate energy policies. Wyoming is participating in 58 legal actions designed to push back on federal overreach to curtail or end the state’s right to mine and produce energy. The BLM’s decision is consistent with Biden’s campaign promise in 2020 to “end fossil fuels.”

Wyoming Coal Production

Wyoming’s coal production has been steadily declining, largely due to increasing competition from natural gas and the impact of stringent regulations introduced by both the Obama and Biden administrations. For the first time since 1992, the Powder River Basin is projected to produce fewer than 200 million tons of coal. The region’s coal output once surged following the 1990 Clean Air Act amendments, which imposed limits on sulfur dioxide emissions, making Wyoming coal attractive due to its low sulfur content. Between 2006 and 2011, the Powder River Basin consistently produced over 400 million tons of coal annually, peaking at 446.5 million tons in 2008.

However, by 2023, production had fallen to 230.5 million tons, a significant decrease from nearly 382 million tons in 2014—representing a 40% drop. In the first half of 2024, a mild winter, combined with large coal stockpiles at power plants, contributed to a further decline of more than 20% in production. Despite these declines, by July 2024, the region had still mined a total of 9 billion tons of coal over the past 25 years.

Biden-Harris Administration Regulations

The Biden-Harris administration is accelerating the closure of coal plants by imposing stringent regulations that are seen as financially unfeasible. This spring, the Environmental Protection Agency (EPA) finalized a new rule targeting carbon emissions from coal and natural gas plants, which together supply around 60% of the United States’ electricity. These plants provide reliable power to the grid and serve as backup for intermittent renewable sources like wind and solar. The new rule mandates that existing coal plants and new natural gas plants must adopt a carbon capture technology that is neither commercially viable nor economically practical to cut carbon dioxide emissions—or face shutdown. By 2032, coal plants will be required to capture 90% of their carbon dioxide emissions, but the technology needed for this, known as carbon capture and sequestration, is still in the experimental stage and has not been proven at scale.

The shift would require utilities to invest enormous amounts of capital in a process that could make coal power prohibitively expensive—or they could opt to close their plants, aligning with the goals of anti-fossil fuel advocates. In addition to the power plant rule, the EPA is also finalizing regulations aimed at curbing toxic wastewater discharges from coal plants, tightening rules on coal ash disposal, and limiting mercury and other harmful pollutants released during coal combustion. These measures are part of President Biden’s broader agenda to phase out fossil fuels in the United States, even as those fuels continue to account for the majority of the country’s energy supply.

Conclusion

The Wyoming economy is dependent on revenues received from its coal industry—both directly from royalties and taxes and indirectly from the benefits coal mining brings to the state. The federal government owns nearly 50% of the land in the state, so what it does with those lands affects the state’s economy. With electricity demand skyrocketing from AI data centers and Biden-Harris regulations and policies supporting the electrification of almost everything, reliable sources of generation are needed for the U.S. economy as well. President-elect Trump will try to overturn the onerous regulations and policies of the Biden-Harris administration, but many will take time to reverse, and others will be litigated by environmental groups that brought “sue and settle” decisions upon the Biden-Harris administration, which was an easy way for the administration to please environmental groups and donors.


*This article was adapted from content originally published by the Institute for Energy Research.

The Unregulated Podcast #209: Nom Nom Noms

This week on The Unregulated Podcast, Tom Pyle and Mike McKenna are joined by The Honorable Jason Isaac, the founder and CEO of the American Energy Institute, to talk about AEA’s Pipeline Protection Project and what can be done to push back against radical environmental groups with the new admin.

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