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California Struggling Under Newsom’s EV Mandate

January 22, 2025 by Leave a Comment

The wildfires in Los Angeles have made people realize that electric vehicles (EVs) are not reliable because of the inability to charge EVs during a power outage. Power outages have resulted from high winds, and L.A.’s wildfires have magnified the grid destruction. If your only vehicle is electric and only charged to a fraction of the battery’s range when evacuation orders come, you may be in serious trouble getting to a safe destination, as Californians are now figuring out. Evacuees can expect EV stations to have massive lines and delays and may not even have power if the electric grid cannot supply it. Furthermore, power companies can turn off their power to avoid sparking a fire and legal liability. None of this is the case with gasoline-powered cars, whose sales Governor Newsom is totally outlawing by 2035 with increasing EV sales mandates beginning next year.

If Not Electric Vehicles, Then What

As EV owners are finding out, electric vehicles require a “lifestyle change,” which includes setting up a home charger that may require an electrical upgrade, calculating routes for longer distance travel to find where charging is available, and searching for working public chargers when charging stations are jammed or chargers are inoperable, which is often happening.

Many Californians, still environmentally conscious and burdened by the state’s high gas prices, are turning to hybrid vehicles. According to automobile data company Edmunds, hybrid sales were up 63% in 2023 and 29% in 2024, to 1.8 million vehicles. For the same years, EV sales were up a lower amount—34% and 13%, respectively, to 1.2 million vehicles—and down from a 45% growth rate in 2022.

Most big auto companies are turning their focus to hybrids. Ford has slowed its EV rollouts in favor of hybrid vehicles. Nearly 25% of Ford F-150 pickup sales are hybrids. Hyundai, whose Ioniq 5 and other mid-priced electric cars are selling well, recently introduced the Hyundai Way program that offers an array of powertrains emphasizing hybrids and plug-in hybrids. Hyundai hybrid sales were up 46% in 2024, while EV sales rose at a lower rate—28%. Auto companies predict faster EV growth in the future as drivers become more comfortable with EV infrastructure, but, in the meantime, they are meeting consumer demand for hybrids.

New hybrid models are coming online in 2025, both traditional hybrids and plug-ins. Both types combine a small car battery with an internal combustion engine, achieving better gasoline mileage under certain traveling conditions. A traditional hybrid does not need to be plugged in because it uses a gasoline engine to recharge. A plug-in hybrid has a larger battery—typically 30 to 50 miles in range—and can be charged overnight with a regular 110-volt home outlet. It can run solely on the battery until depleted, and the combustion engine takes over, extending the driving range using gasoline.

Other Issues Come with Politically Acceptable Electric Infrastructure

How electricity is generated to fuel electric vehicles or plug-in hybrids is also an issue. Newsom has increased California mandates for “green energy,” much of which is weather-driven and intermittent wind and solar power, which needs as backup expensive but politically favored storage batteries. Recently, a fire broke out at a battery storage facility in Monterey County that the company claims is the largest in the world, requiring the county sheriff to order evacuation and closure of surrounding streets. The storage facility, completed in 2023, stores 750 megawatts of excess generation when it is available. The energy from the storage battery is released at a later time when the sun is not shining, and the wind is not blowing. In 2021, the battery complex also suffered damage from a malfunctioning heat detector, and in 2022, a small fire broke out at an adjoining battery plant owned by Pacific Gas & Electric.

Clearly, safety is an issue with three storage battery fires in three years. Those concerns fueled a ballot measure last year in Morro Bay to block Vistra, the battery company, from getting local permits to construct a battery facility near a power plant. Despite the measure passing in November, the project is going through a fast-tracked California permitting process because it is politically favored.

Conclusion

Wildfires and power outages in Los Angeles have made Californians think twice about owning a full-fledged electric vehicle because they are worried about the ability to fully charge their vehicles amidst high winds and wildfires and the ability to evacuate if their electric vehicle is not fully charged. Instead, they are looking for hybrid vehicles like many other Americans. U.S. hybrid sales are up more than EV sales, as they allow drivers flexibility in fuel choice while allowing the EV infrastructure to develop. Automakers are also focusing on hybrids, with more hybrid models coming out in 2025.

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

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President Trump Delivers A Whirlwind Of Day One Actions Unleashing American Energy

January 21, 2025 by Leave a Comment

President Trump signed 200 executive orders on his first day in office–some in front of his many supporters in the Capital One Arena and others during a press conference in the Oval Office.  He is mandating that the federal workforce return to their offices rather than working from home or other remote facilities and begin work on his agenda, in some cases, providing specific dates for reporting back on progress. His first-day executive orders included many on energy, including declaring a national energy emergency, opening Alaska to energy development that his predecessor had precluded, revoking Biden’s electric vehicle goals, any reviewing onshore and offshore wind energy, and withdrawing the United States from the U.N. Paris Accord that fueled much of Biden’s climate agenda. President Trump rightly wants energy markets to be allowed to work and consumers to decide what vehicle, appliance, or heating source is best for their needs.

Executive Order Declaring a National Energy Emergency

President Trump declared a ‘national energy emergency’ to bolster domestic fossil fuel production and reduce energy costs. This initiative is part of his administration’s agenda to overturn policies that prioritized green energy above more affordable and reliable alternatives. The national energy emergency will allow Trump to use executive powers to roll back Biden’s regulations, develop new energy infrastructure, and lower consumer energy prices. By declaring an emergency, the government can use special powers, such as the Defense Production Act, to speed up the production and distribution of energy, prioritizing energy projects and resources. This will help projects meet rapidly increasing electricity demand, which is being made worse by policies promoting intermittent renewable energy, which is leading to skyrocketing electricity rates in places such as California.

Alaska’s Executive Order

This executive order supports further progress on the Alaska Liquefied Natural Gas (LNG) Project, removes resource restrictions within the National Petroleum Reserve of Alaska (NPR-A) and other parts of the state, protects Alaskans’ hunting and trapping rights on federal lands, restores unlawfully canceled oil and gas leases in the Arctic National Wildlife Refuge (ANWR), advances the Ambler Access Project and the King Cove Road allowing residents access to medical care, revokes Biden administration regulations that imposed the 2001 Roadless Rule on Alaska and removes hurdles preventing Alaska Native people from receiving the lands they are due.

Executive Order to Cut Environmental Regulations

President Trump signed an executive order focused on reducing regulatory burdens, particularly those related to electric vehicles and household efficiency standards. The order seeks to streamline the approval process for energy projects and eliminate what the administration views as unnecessary red tape. The order lifts the moratorium on new licenses to export liquefied natural gas (LNG), directing the U.S. Department of Energy to resume processing applications for new LNG export permits, reversing the pause implemented by former President Biden in early 2024.

Executive Order to Withdraw from the Paris Climate Agreement

President Trump signed an executive order directing the United States to withdraw from the Paris Climate Agreement, which will relieve the United States from the international climate commitments that the Biden administration used to support its climate agenda that are economically burdensome. He noted that U.S. citizens bear much of the cost and burden of the agreement while China and others are free to produce energy unencumbered by U.N. strictures. The withdrawal process will take one year.

Executive Order on Wind Energy

President Trump’s executive order on wind energy, titled “Temporary Withdrawal of All Areas on the Outer Continental Shelf from Offshore Wind Leasing and Review of The Federal Government’s Leasing and Permitting Practices for Wind Projects,” deals with both offshore and onshore wind on federal lands and waters. President Trump ordered all federal agencies to immediately assess “the environmental impact of onshore and offshore wind projects upon wildlife, including, but not limited to, birds and marine mammals.” Under the Biden Administration, agencies were ordered to speed up the deployment of wind projects on federal lands and waters, and fees were reduced by as much as 80% for using federal lands for such purposes. 

It also addressed “the impacts on ocean currents and wind patterns, effects on energy costs for Americans –- especially those who can least afford it –and to ensure that the United States is able to maintain a robust fishing industry for future generations.” Offshore wind is extremely expensive—over 3 times the cost of onshore wind and over double the cost of gas combined cycle technology. Further, these cost estimates do not account for the need for backup power when the wind does not blow. The politically preferred backup technology is very expensive and huge batteries, whose facilities have caught on fire in California and Arizona.

Existing leases are not affected outright, but they are under review. The order states that the “Secretary of the Interior, in consultation with the Attorney General, as needed, shall conduct a comprehensive review of the ecological, economic, and environmental necessity of terminating or amending any existing wind energy leases, identifying any legal bases for such removal, and submit a report with recommendations to the President, through the Assistant to the President for Economic Policy.”

The executive order would halt the development of the controversial 1,200-megawatt Lava Ridge wind project in Idaho. The project, slated to be built on federal land near the Minidoka National Historic Site, has fierce opposition from both the government and the Japanese-American community in Idaho. The project spans 104,000 acres and includes 241 turbines with a maximum height of 660 feet. Opponents are concerned about its effects on recreation, ranching, wildlife, and the preservation of Minidoka National Historic Site—a site of a former incarceration camp for Japanese-Americans during World War II.

Conclusion

President Trump had a very busy day on January 20, 2025, for his inauguration festivities and to begin reversing the disastrous energy policies of the Biden administration. He issued 200 executive orders, many geared toward increasing affordable and reliable energy for American consumers and allowing them to choose the vehicle and the appliances that best support their needs. President Trump recognizes that the best path forward is to allow markets to determine the most economical, efficient, and reliable energy sources for American consumers and businesses. Many Biden policies that need to be overturned will not be as easy as writing an executive order. Still, his administration is well on its way toward the goal with the right direction clearly outlined in his 200 executive orders. The new president managed to accomplish this after his inauguration at noon, signing many executive orders at the Capitol One Arena, where inaugural celebrants were gathered after extreme cold forced the first indoor inaugural since Ronald Reagan’s second one in 1985.

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

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AEA Applauds Day One Agenda

January 20, 2025 by Leave a Comment

WASHINGTON DC (1/20/25) – On his first day in office, President Trump began the long process of reversing the Biden administration’s war on American energy by issuing several executive orders and directives related to energy. President Trump’s “Day One” agenda includes withdrawing from the Paris Agreement under the United Nations Framework Convention on Climate Change and revoking the U.S. International Climate Finance Plan. He also rescinded several Biden-era executive orders, many of which limited energy development in the United States.

American Energy Alliance President Tom Pyle issued the following statement:

“Unburdened by what has been, President Trump is making good on his promise to immediately begin unwinding the reckless energy policies of the Biden-Harris administration. America is the richest energy nation in the world, and we produce it more efficiently, safely, and cleanly than anybody else. When it comes to access and opportunity to utilize our vast natural resources, the Biden administration has had a policy of restriction. President Trump has promised a policy of abundance. Today, he made a down payment on that promise.

“Unfortunately, there is much more work to be done. The American Energy Alliance cataloged over 250 actions that former President Biden and his team took to make the production of American energy harder and more expensive. We look forward to working with the Trump administration and the new Congress to unleash our energy potential and lower energy prices for all Americans.” 

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The Unregulated Podcast #213: Sticking it to the Mann

January 17, 2025 by Leave a Comment

On this episode of The Unregulated Podcast Tom Pyle and Mike McKenna discuss the final moves of Team Biden, Trump’s confirmation hearings, the headlines of the week, and dissect what may very well be the last clip of Joe Biden to ever grace the show.

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How Will Congressman Lee Zeldin Help President Trump Make American Energy Great Again?

January 15, 2025 by Leave a Comment

WASHINGTON DC (1/15/24) – Former Congressman Lee Zeldin will appear before the U.S. Senate Committee on Environment and Public Works this week to consider his nomination for EPA Administrator. This role will be critical in helping President Trump reshape U.S. energy policy and ending President Biden’s EV mandates. We offer these seven suggested questions for Senators to consider asking Congressman Zeldin during his confirmation hearing:

  1. A repeated theme in environmental policy has been the inability to effectively review and revise harmful regulations. When rules are revised, the process is often held up in the courts.  How will you ensure pro-growth reforms stick? 
  2. The EPA has been repeatedly criticized for using unrealistic and extreme inputs in its economic and climate models to exaggerate the benefits of the agency’s proposed rules and regulations. Will you commit to reviewing the use of RCP 8.5 for the agency’s climate modeling? Will you commit to reviewing the discount rate used to calculate the agency’s social cost of carbon?
  3. At one of his campaign rallies, President Trump declared that he would end the Biden-Harris administration’s EV mandate on day one. Will you commit to ensuring that the EPA will review all rulemakings that attempt to direct the makeup of the automobile market to achieve particular political outcomes?
  4. Did the Supreme Court err in its ruling in the case Massachusetts v. EPA? What is your interpretation of the ruling and how will that interpretation shape public administration at the EPA under your leadership?
  5. Biden’s EPA initially proposed a phase-out of the ENERGY STAR certification for natural gas furnaces and other gas appliances, but after significant pushback opted to instead update the efficiency standards. High-efficiency natural gas appliances are often the most cost-effective and lowest emissions option for consumers. Will you commit to affirming the role of natural gas for appliances and ensuring that consumer choice is the guiding principle for determining what is efficient?
  6. You received 100% on the American Energy Alliance’s 2022 American Energy Scorecard, meaning that your voting record was consistent with policies that prioritized affordable and reliable energy and consumer choice in energy markets. Can you explain your view on the role of energy in the economy and how that view will project onto your leadership at the EPA?
  7. However, your American Energy Scorecard results varied in prior Congresses, dipping as low as 68%. This was largely due to votes such as those in favor of extending the wind Production Tax Credit (PTC) and the solar Investment Tax Credit (ITC) and votes that hindered the development of our domestic energy resources offshore. Do you still support those positions, and more broadly, should the federal government be in the business of subsidizing specific technologies and generating sources?

The American Energy Alliance will be scoring Congressman Zeldin’s confirmation vote on the Senate floor for our American Energy Scorecard.

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How Will Chris Wright Work to Make American Energy Great Again?

January 14, 2025 by Leave a Comment

WASHINGTON DC (1/4/24) Liberty Energy CEO Chris Wright will appear before the U.S. Senate Energy and Natural Resources Committee this week to consider his nomination for Energy Secretary. Mr. Wright will play a critical role in helping President Trump reshape U.S. energy policy, especially in cleaning up the mess being left behind by the Biden administration at the Department of Energy. Here are a few questions Senators may want to consider asking Mr. Wright during his upcoming hearing:

  1. The Biden administration’s Office of Fossil Energy and Carbon Management released its Strategic Vision in 2022, in which they wrote, “The Office of Fossil Energy and Carbon Management’s (FECM) core mission is to address the climate crisis.” They had previously released a statement saying, “Moving forward, a central ethic of our office is that if a non-fossil energy option exists today, it should always be preferred to the use of fossil energy.” We cannot find statutory support for these claims. Rather, the U.S. Code requires the office to work on increasing the energy conversion efficiency of all forms of fossil energy through improved technologies; decreasing the cost of all fossil energy production, generation, and delivery; promoting diversity of energy supply; decreasing the dependence of the United States on foreign energy supplies; improving United States energy security and other important considerations. See 42 U.S.C. 16291. Will you follow the statutory mandates to improve fossil energy? 
  2. The first Trump administration took important actions to update DOE’s “Process Rule” to ensure that the law is followed when implementing appliance standards. The Biden administration eviscerated this regulation as part of its whole-of-government effort to impose regulations to reduce greenhouse gas emissions. Will you review the Process Rule and the appliance standards program to ensure that they follow the law?
  3. Just before Christmas, the Biden administration banned certain non-condensing water heaters. The distinction between condensing and non-condensing water heaters (and furnaces) seems like a feature that is protected by the Energy Policy and Conservation Act. Will you protect important features like non-condensing equipment?  
  4. The Biden administration required “Community Benefits Plans” for the billions of dollars of awards it issued. These plans could require invidious discrimination and other actions of dubious legality. Will you review the requirements DOE has imposed in recent years and included in its awards to ensure the federal government is not funding or requiring actions that could result in invidious discrimination?   
  5. On January 20, 2021, Biden signed an executive order telling DOE officials to make ‘major revisions’ to current appliance regulation standards. These efficiency regulations can reduce the effectiveness of appliances, increase upfront costs, and increase the precious time it takes for each washing or drying cycle. How high of a priority will it be for you to undo these burdensome regulations? 
  6. The Biden administration made changes to the Petroleum-Equivalent Fuel Economy Calculation which may give electric vehicles too much credit. Will you review this regulation to ensure the Biden administration followed the law and the science?   

The American Energy Alliance will be scoring the Wright nomination on the Senate floor for our American Energy Scorecard.

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How Will Governor Doug Burgum Help Make American Energy Great Again?

January 13, 2025 by Leave a Comment

WASHINGTON DC (1/13/25) – North Dakota Governor Doug Burgum will appear before the U.S. Senate Energy and Natural Resources Committee tomorrow to consider his nomination for Secretary of the Department of the Interior. Given the critical role this position will have as part of President Trump’s energy team, and in shaping U.S. energy policy, we have prepared some suggested questions for his nomination hearing.

  1. The Biden-Harris administration was much more extreme than even the Obama administration in trying to kill domestic oil and gas production on federal lands. In FY 2023, the Biden-Harris administration issued 93% fewer leases than the Obama administration issued in FY 2009. Will you commit to leasing onshore oil and gas tracts at a level that meets or exceeds the average set during President Bush’s administration?   
  2. In 2024, global coal use hit an all-time high. The United States has the largest proven coal reserves in the world. Given this continuing global demand, will you commit to continue coal leasing to help the world meet its steel and energy needs?  
  3. The Federal Land Policy and Management Act (FLPMA) requires that BLM manage lands to maximize “multiple use” and “sustained yield.” Despite this requirement, currently only 3.3% of lands onshore are leased for oil and gas production and 0.5% of the OCS is leased. Is leasing only 1.2% of the federal estate consistent with multiple use under the Federal Land Policy and Management Act? (Onshore: 3.3% of federal lands leased: 23.2 million acres leased of 700 million acres. Offshore: 0.5% of OCS leased for oil and gas production. As of 2021, 12.1 million acres were leased and, according to the Biden administration, the OCS is 2.3 billion acres).
  4. In yet another effort to shut down oil and gas production on federal lands, the Biden administration made it substantially more expensive to operate, increasing royalty rates and disproportionately hurting America’s smaller, independently owned companies (those who employ an average of 15 people). Will you commit to jettisoning the Biden royalty rate increases as a way to encourage more American energy production and make it possible for small and start-up businesses to participate once again?
  5. It has recently come to light that the Endangered Species Act (ESA) was deliberately abused in an effort to halt the construction of the Tellico Dam by the Tennessee Valley Authority. We should also not forget how the ESA was infamously used to kill the timber industry by way of the spotted owl, and, along with it,  tens of thousands of jobs in the Pacific Northwest. The egregious exploitation of the ESA has been used countless times to stop American progress. What will you do to stop the abuse of the ESA?
  6. Last year the Biden administration finalized their “Public Lands Rule.” This was designed to eviscerate the multi-use requirements of the Federal Land Policy and Management Act (FLPMA). Will you review this regulation and take appropriate steps to promote the requirements of the Federal Land Policy and Management Act (FLPMA)?     
  7. A poll found that 88% of voters believe it is important to produce natural gas and oil in the United States; 90% believe producing natural gas and oil strengthens the U.S. economy; and 85% believe that producing natural gas and oil in the United States helps make it more secure against actions by countries such as China and Russia. What concrete steps can you take to ensure the will of the American people is followed and federal lands continue to be used for energy production?

The American Energy Alliance will be scoring the vote for his nomination on the Senate floor for our American Energy Scorecard. 

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The Unregulated Podcast #212: Smells Like Victory

January 9, 2025 by Leave a Comment

On this episode of The Unregulated Podcast Tom Pyle and Mike McKenna discuss the first big stories of 2025 and outline Trump’s first moves as inauguration day creeps closer.

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Biden Bans Popular Water Heaters Over Christmas

January 7, 2025 by Leave a Comment

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.

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Biden Expands Drilling Ban To Federal Waters

January 7, 2025 by Leave a Comment

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.

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