The Unregulated Podcast #190: Making Fetch Happen

On this episode of The Unregulated Podcast Tom Pyle and Mike McKenna discuss the latest woes of Team Biden, America’s out of control spending, the fading EV fad, and commemorate the passing of the great James Inhofe.

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Biden’s Tik-Tok Inspired LNG Ban Blocked By Courts

A federal judge halted President Joe Biden’s temporary moratorium on new licenses for exports of US liquefied natural gas (LNG). U.S. District Judge James D. Cain Jr. in Louisiana issued a preliminary injunction in a lawsuit filed by 16 states, including Louisiana, Alaska, Texas, West Virginia and Wyoming, which argued Biden violated the U.S. Constitution and other federal laws by halting licenses in January to assess their impact on climate change. Under Biden’s direction, the Department of Energy stopped approving new licenses to export LNG to Asian nations and other countries that are not free trade partners with the United States, including Europe and Ukraine, while the department reviewed how the shipments affect climate change, the economy and national security. According to U.S. gas producers, the halt in licensing threatens to harm allies dependent on American energy supplies as well as billions of dollars in LNG export projects.

According to Judge Cain, the government’s decision to halt approvals appears to be “completely without reason or logic and is perhaps the epiphany of ideocracy,” adding that the states can pursue their legal challenge to Biden’s moratorium. Cain cited evidence submitted by the plaintiffs that showed loss of revenues and deferred investments in LNG projects due to the Biden administration’s actions. For example, some $61 billion in pending infrastructure construction in Louisiana is at risk from Biden’s pause. The case is Louisiana v. Biden, 24-cv-406, US District Court, Western District of Louisiana (Lake Charles).

Despite the court order, the short-term practical effects are likely to be minimal. Under federal law, the Department of Energy decides whether such LNG exports are in the public interest — and it can continue scrutinizing proposals for new export authorizations. Meanwhile, rival developers with existing licenses remain unaffected by Biden’s decision, and Biden’s LNG pause is a boon to foreign adversaries that produce energy, including Iran and Russia, as well as Qatar, which is expanding LNG production rapidly to corner world market share. Some key U.S. projects affected include:

  • Energy Transfer LP’s extension for a Louisiana project whose license expired before construction was completed.
  • Commonwealth LNG’s license request that has been under review since November 2022.
  • Venture Global LNG’s CP2 project, which has a major deal with Ukraine.

Already-licensed projects can move forward including expansions by NextDecade Corp., Cameron LNG, Freeport LNG, and Texas LNG, whose expansions depend on order books and financing. According to the DOE, current authorizations for exports of LNG to non-free trade agreement countries stand at over 48 billion cubic feet per day, or more than 45 percent of the current domestic production of natural gas. The agency also said the United States will continue to be the largest exporter of LNG for at least the next six years based on the current export capacity.

The judge’s ruling comes just days after the Federal Energy regulatory Commission (FERC) approved what would be the nation’s largest export terminal for liquefied natural gas. Venture Global’s Calcasieu Pass 2 southwestern Louisiana project, often referred to as CP2, was recently approved by the Federal Energy Regulatory Commission, but the project still needs DOE approval. According to DOE, the project’s application is pending.

The CP2 project has had several delays as FERC has requested more data for its environmental review, after anti-fossil energy groups began a campaign to stop them. Notably, the Biden administration invited a 25-year-old TikTok “influencer” involved in the campaign to the White House to share his policy “expertise” with the White House Climate Team and relevant decision makers before making a final decision.

Ukraine recently struck a major deal with Venture Global to help wean Eastern Europe off Russian natural gas as many EU countries still depend on Russian gas that is shipped through a pipeline that crosses Ukraine. Ukraine does not intend to renew a five-year transit agreement with Russia’s Gazprom that expires at the end of this year. Instead, Ukraine’s largest private energy company, DTEK, recently signed a deal with Venture Global. DTEK would buy LNG from Venture Global’s Plaquemines facility “to support near to medium term energy security needs for Ukraine and the broader Eastern European region.” Under the deal, DTEK will also be able to purchase up to two million metric tons of gas each year from the company’s CP2 facility, which is ensnared in the Administration’s moratorium on new LNG export projects.

Russia still accounts for about 15 percent of Europe’s gas supply. In May, Europe had to import more gas from Russia than the United States for the first time in nearly two years amid problems at a U.S. LNG facility, proving the need for more LNG capacity to support U.S. allies. If Europeans cannot get gas from the United States, they will have to rely on Russia. CP2 could supply about 5 percent of the world’s LNG by 2026. It already has contracts with Germany and Japan in addition to eastern Europe. Biden officials have told allies not to worry, and that the Administration’s permitting pause will not have an immediate impact on U.S. LNG exports. But Biden’s moratorium has caused enormous political uncertainty about the future supply of U.S. gas, which in turn damages investor confidence in projects and affects the jobs and lives of construction workers who would build them.

Conclusion

A U.S. District Judge has temporarily blocked the pause on LNG export licenses that the Biden administration put into effect in January due to a suit by 16 states that the pause violates the Constitution and other federal laws. The short-term impact is expected to be minimal due to the fact that Biden’s Energy Department will still be in charge of scrutinizing the applications for facilities. The pause affects U.S. European allies and their ability to sever their gas imports from Russia. Ukraine has a major deal with an LNG exporter that is affected by the pause. And, while DOE studies the Impact of  LNG on climate during Biden’s moratorium, other countries are building LNG facilities, signing deals and creating jobs in their countries.

supplier.


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

Alaska Sues Biden Over War On American Energy

Two lawsuits have been recently filed against the Biden administration over lost leases on Alaska’s North Slope. A coalition of North Slope local and regional governments, tribal governments and Native corporations has sued the Biden administration in the U.S. District Court in Anchorage for prohibitive environmental protections President Biden placed on the National Petroleum Reserve in Alaska (NPR-A). And, the state of Alaska has filed suit in the U.S. Court of Federal Claims to recover lost revenues from nine canceled federal oil and gas leases covering lands in the Arctic National Wildlife Refuge’s (ANWR) Coastal Plain. Alaska’s state budget is heavily reliant on its oil production as are jobs of Alaskan residents.  Oil and gas jobs represent about one quarter of all jobs, and generate about half of the state’s economy, while providing as much as 90 percent of state unrestricted General Fund revenues. Virtually all of Alaska’s oil transits the 800-mile Trans-Alaska Pipeline System (TAPS) from state lands at Prudhoe Bay to a marine terminal in Valdez.

NPR-A Lawsuit

The NPR-A lawsuit, filed by the organization Voice of the Arctic Iñupiat, claims that the rule enacted by the Department of the Interior on April 19 should be invalidated because it resulted from a flawed process. The rule was enacted improperly because of several legal shortcomings, including the agency’s failure to conduct a full environmental impact statement, the diversion from four decades of NPR-A management that emphasized oil development and a lack of “meaningful” engagement with the people of the North Slope. The lawsuit claims the rule “turns vast swaths of the NPR-A into a de facto conservation system unit.” The new rule was proposed by the Bureau of Land Management last September and finalized in April. At 23 million acres, the National Petroleum Reserve is an area the size of the State of Indiana, established as a petroleum reserve in 1923.

The rule makes changes to the Integrated Activity Plan that was issued in 2013 by the Obama administration. That plan put about half of the reserve off-limits to leasing and identified five “special areas” as sites closed to development because of their ecological and cultural importance. The new rule codifies protections that are in the integrated activity plan, making them requirements rather than guidelines. It makes the protections for the five designated areas more permanent and contains provisions for possible future additions.

The members of Voice of the Arctic Iñupiat, a diverse group that includes the North Slope Borough government, Arctic Slope Regional Corp., the Iñupiat Community of the Arctic Slope and Ilisagvik College in Utqiagvik, have significant interests in continued oil development in the reserve. The members benefit from revenues and employment generated through the area’s oil development.

The new rule followed a Trump administration plan to replace the Obama-era integrated activity plan. That plan would have opened 82 percent of the reserve to oil leasing, including the areas in and around Teshekpuk Lake, the North Slope’s largest lake. The Trump plan, which was finalized in the final days of the Trump administration, was never enacted, and management continued under the 2013 Obama administration plan.

The petroleum reserve, located on the western side of the North Slope, holds large amounts of oil in a geologic formation called Nunashuk, according to the U.S. Geological Survey. Though development there occurred much later than that at Prudhoe Bay and other sites on state land, there have been some large discoveries within the reserve that are connected to the Nunashuk formation. The most prominent is Willow, currently under development by ConocoPhillips and expected to start production in 2029. Little exploration has occurred in the region but the area is known to have enormous potential for oil, gas and coal.

ANWR Lawsuit

The state of Alaska sued the Biden administration to recover lost revenues after it canceled oil and gas drilling leases in the federal Arctic National Wildlife Refuge (ANWR). The state in its lawsuit said the cancellation of the leases issued during the Trump administration cost the state hundreds of millions if not billions of dollars. Alaska lawmakers in 2017 secured the opportunity to develop the leases through a provision included in a tax cut bill that was signed by President Trump. In the final days of the Trump administration, it issued nine, 10-year leases for drilling in ANWR after a lease sale was held January 6, 2021. Two of the entities that won leases withdrew from their holdings in 2022, and Biden’s Department of Interior canceled the remaining seven leases last September, which had been issued to the Alaska Industrial Development and Export Authority. In October, the state agency filed a separate lawsuit which remains pending before a federal judge in Anchorage that argues the administration’s decision violates a clear Congressional mandate in the 2017 tax bill to open up ANWR to drilling.

The state in the most recent lawsuit focused on the financial impacts of the Biden administration’s actions on Alaska and sought to “compel the United States to face the logical and legal consequences of its policy decision.” Under the Tax Cuts and Jobs Act of 2017, the state was entitled to a royalty of 8.335 percent of the revenues generated through production of oil and gas under the leases. The lease cancellations also deprived Alaska of expected revenue derived from corporate income taxes and local taxes stemming from the oil and gas construction activities, which would have produced billions of dollars in revenue that would benefit the education, health and well-being of residents of Alaska, whose state budgeting is heavily reliant on oil production. The case is the State of Alaska v. United States, U.S. Court of Federal Claims, No. 1:24-cv-01017.

Conclusion

Alaska and some of its residents are suing the Biden administration over lost opportunities for oil production on the state’s North slope which would provide billions of dollars for the state budget and jobs for Alaskan residents. The Biden administration cancelled ANWR leases that were provided as a provision in a tax cut bill signed by President Trump. The Biden administration also required the removal of areas of the NPR-A from further oil and gas development for environmental reasons that was originally issued as only guidelines under the Integrated Activity Plan of the Obama administration. The National Petroleum Reserve was established in 1912 as a backup source of oil for the federal government, originally for the Navy, as it was at one time referred to as the Naval Petroleum Reserve. The Biden administration actions regarding oil production in the ANWR and the NPR-A are costing Alaskans billion of lost dollars and numerous jobs.

ANWR lies to the east of Prudhoe Bay and TAPS while the NPRA lies to the west.  They both are federally owned, and have geological potential to contribute to the pipeline, which is currently running at less than ¼ of nameplate capacity.  If additional oil is added from these federal sources, it will extend the life of the line, while allowing Alaska full development and production of its resources, while supplying additional domestic production of energy. Green groups have long held that shutting off new sources of oil for the Alaska Pipeline would hasten its closure, while leaving billions of barrels of oil in the ground on- and offshore Alaska.


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

EV Hype Fading As Biden Mandates All Electric Future

A recent survey by McKinsey & Co. found that almost half of American electric vehicle (EV) owners are considering going back to internal combustion engine cars, i.e. gasoline or diesel vehicles. Forty-six percent of survey respondents said they were likely to purchase a gas-powered vehicle for their next car purchase. The top three reasons behind the shift are the lack of charging infrastructure, high cost of ownership and the complexityof long-distance trips. Globally, 29 percent of EV owners are likely to switch back to internal combustion engine cars. The findings challenge the belief that once someone becomes an EV owner, they will stick to purchasing electric vehicles. Twenty-one percent of worldwide survey respondents stated they had no interest in purchasing an electric vehicle. The survey was distributed to 30,000 consumers across 15 countries.

Mainstream media sources have also admitted the failures of electric vehicles. “EV euphoria is dead,” CNBC wrote in a March report. The major car companies, such as Ford, GM, Mercedes-Benz, and others are scaling back or delaying their electric vehicle plans to give consumers greater choices. According to CBNC, an “all-electric future” is still in the works, but “at a much slower pace” than originally thought. Although consumer demand for electric vehicles has not shown up in the way executives had originally expected, sales of the vehicles are still predicted to increase in the years to come.

U.S. EV sales totaled a record 1.2 million vehicles last year, representing 7.6 percent of the overall national market. That share is projected by some forecasters to increase to between 30 percent and 39 percent by the end of the decade. A slowdown in the shift to electric vehicles was expected as early adopters satisfied their EV thirst and less tech-savvy buyers were slow to catch onto the trend, which will slow the EV market share growth over the next few years.  Costs are also a consideration for many customers, as insurance and repair costs are higher and home charging requires substantial outlays. The cost of a replacement battery could be as much as $20,000. According to J.D. Power, the cost of replacing a battery in the Tesla Model 3 is approximately $13,000, which is over 30 percent of the sedan’s starting price.

Source: CNBC

Last year, thousands of car dealership owners across the United States signed a letter to the Biden administration opposing his push for electric vehicles. More than 3,800 auto dealers wrote, “We are deeply committed to the customers we serve and the communities where we operate, which is why we are asking you to slow down your proposed regulations mandating battery electric vehicle (BEV) production and distribution.” “Last year, there was a lot of hope and hype about EVs. Early adopters formed an initial line and were ready to buy these vehicles as soon as we had them to sell. But that enthusiasm has stalled,” the letter added. “Today, the supply of unsold BEVs is surging, as they are not selling nearly as fast as they are arriving at our dealerships — even with deep price cuts, manufacturer incentives, and generous government incentives.” “With each passing day, it becomes more apparent that this attempted electric vehicle mandate is unrealistic based on current and forecasted customer demand. Already, electric vehicles are stacking up on our lots which is our best indicator of customer demand in the marketplace.”

The available inventory of electric vehicles in the United States, measured in days’ supply, has soared to 136 days, according to Cox Automotive. That compares to the overall U.S. industry at a 78 days’ supply of new vehicles. The data excludes Tesla, Rivian and other automakers that sell directly to consumers rather than through franchised dealers. The slower adoption of electric vehicles has led to price cuts or discounts on several models such as the Ford Mustang Mach-E, Tesla Model Y and the Nissan Ariya. According to Nissan, cuts of up to $6,000 will “improve the model’s competitiveness and ensure we are delivering maximum value to our customers.”

Source: CNBC

GM, which was the first traditional automaker to go all in on electric vehicles, plans to roll out plug-in hybrid electric vehicles for consumers alongside electric vehicles and gas cars. Others, such as Hyundai, Kia, Toyota and, potentially, Volkswagen, plan to offer different levels of electrification across their lineups. GM is losing money on every electric vehicle it sells, but the company says it is on track to generate mid-single-digit pretax profit margins in 2025 as it produces more higher margin electric vehicles, works out kinks in battery manufacturing, and sees battery cost reductions.

Ford has never stated plans to exclusively offer electric vehicles globally, but it set targets to be all-electric in Europe by 2030, for 50 percent of its sales in North America to be electric by that same year and to achieve an 8 percent EV profit margin by 2026. It has since backed off many of these targets and is producing hybrids — specifically trucks — along with electric vehicles and plug-in hybrid electric vehicles for the United States. Ford’s losses per electric vehicle topped $100,000 during the first quarter of this year, which was reportedly more than double the loss per electric vehicles last year. At issue is the high cost of production — including batteries, which remain one of the largest costs of electric vehicle manufacture.

Conclusion

There is disillusionment with owners of electric vehicles in the United States with almost half of those surveyed indicating they will purchase a gasoline vehicle on their next vehicle purchase rather than another electric vehicle. Reasons are lack of charging stations, high cost, and long-range trip planning issues. This has made traditional car companies change their production plans, at least in the near term, slowing the pace of EV production and investing in hybrids that consumers seem to prefer. Traditional car companies have profits from sales of internal combustion vehicles to cover their losses in EV production, but many companies solely manufacturing electric vehicles are going under as they have no way to cover their losses. Consumers are definitely in the drivers’ seat. Just because the government mandates electric vehicles should not mean that U.S. consumers should blindly accept those mandates, particularly as they are somewhat of a lifestyle change.


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

Just The News: Critics of Biden’s energy policies say Harris’ climate agenda could turn out to be even worse

President Joe Biden campaigned for the 2020 election on a promise to end fossil fuels. During his time in the White House, Biden and the Democrats, according to the Institute for Energy Research, have taken more than 200 actions that made it more expensive and difficult to produce oil and gas in the U.S. 

“I think that she has the potential to be even more hostile to the oil and gas industry. At least as bad as the current administration, but I expect her to align herself more closely with the fringe elements of the left,” Tom Pyle, president of the American Energy Alliance, told Just the News


Read the full article at Just The News.

The Unregulated Podcast #189: The Hits Keep

On this episode of The Unregulated Podcast Tom Pyle and Mike McKenna cover the fallout from Biden’s disastrous debate, SCOTUS correcting Chevron Deference, and more bombastic stories from a busy week in Washington.

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E&E News: Trump energy allies see ‘massive momentum’ after a big week

It’s been a huge week for former President Donald Trump’s allies in the energy and environment world.

Conservatives were already gleeful after Thursday’s presidential debate prompted heartburn among Democrats wondering whether President Joe Biden is fit for his reelection bid.

Then on Friday, the Trump-stacked Supreme Court obliterated the Chevron legal doctrine that’s long been reviled by conservatives. And a pair of high court rulings Monday on presidential immunity and on legal challenges to regulations handed more victories to Trump and his Republican and industry allies.

[…]

The day the ruling came down, Gunasekara said she got “all sorts of emails with extra exclamation points.”

“It’s a very big deal and it opens the gate for reconsideration of a lot of environmental decisions and rules and that — coupled with President Trump’s continued improvement in the polls — has people really excited with an opportunity to change the trajectory of the administrative state from administrative growth to being pared back and level set,” she said.

“It was a very good week,” said Tom Pyle, president of the Institute for Energy Research who served on Trump’s 2016 presidential transition team.

But while conservatives are “celebrating their wins” for the moment, “this isn’t the end — this is just the beginning,” Pyle said. “There’s a lot of work to do,” but “there’s potential for a paradigm shift and a restoration between the checks and balances of the three branches” of government.


Read the full article at E&E News.

Supreme Court to Congress:  We Did Our Job, Now Do Yours

WASHINGTON, DC (6/28/24) – Today, the U.S. Supreme Court issued a 6-3 opinion in Loper Bright Enterprises, et al. v. Raimondo overturning the 1984 decision in Chevron v. Natural Resources Defense Council (“Chevron deference”), which directed courts to defer to regulatory agencies’ interpretations of ambiguous statutes. This action reaffirms the Constitutional separation of powers, restores stability and certainty to the regulatory process, and ensures that Congress – rather than unelected federal bureaucrats – sets policy that impacts business and the lives of all Americans.

AEA President Thomas Pyle issued the following statement:

For too long, Congress, with the help of the judiciary, has abdicated its responsibilities to unelected government agents, resulting in four decades of administrative overreach that has driven up the cost of doing business in America. Today’s ruling put Congress on notice that they need to be more accountable to the people that they have been elected to serve.

We commend the Supreme Court for reaffirming the importance of the separation of powers and opposing excessive executive branch regulation. This outcome is a win for small business and American families that are struggling in President Biden’s economy.”


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The Unregulated Podcast #188: Hate Watch

On this episode of The Unregulated Podcast Tom Pyle and Mike McKenna discuss the first 2024 presidential debate, results from some recent high profile primary contests, the issues shaping the 2024 election, the latest SCOTUS rulings, and more.

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225 Ways President Biden and the Democrats Have Made it Harder to Produce Oil & Gas

Joe Biden and his Democrats have a plan for American energy: make it harder to produce and more expensive to purchase. Since Biden took office, his administration and Congressional Democrats have taken over 225 actions deliberately designed to make it harder to produce energy here in America.  A list of those actions appears below. A PDF of the list is available to download here.


On January 20, 2021, 

  1. Besides canceling the Keystone XL pipeline, 
  2. President Biden restricted domestic production by issuing a moratorium on all oil and natural gas leasing activities in the Arctic National Wildlife Refuge. 
  3. He also restored and expanded the use of the government-created social cost of carbon metric to artificially increase the regulatory costs of energy production of fossil fuels when performing analyses, as well as artificially increase the so-called “benefits” of decreasing production.
  4. Biden continued to revoke Trump administration executive orders, including those related to the Waters of the United States rule and the Antiquities Act. The Trump-era actions decreased regulations on Federal land and expanded the ability to produce energy domestically. 

On January 27, 2021,

  1. Biden issued an executive order announcing a moratorium on new oil and gas leases on public lands 
  2. or in offshore waters 
  3. and reconsideration of Federal oil and gas permitting and leasing practices. 
  4. He directed his Interior Department to conduct a review of permitting and leasing policies. 
  5. Also, by Executive Order, Biden directed agencies to eliminate federal fossil fuel “subsidies” wherever possible, disadvantaging oil and natural gas compared to other industries that receive similar Federal tax treatments or other energy sources which receive direct subsidies. 
  6. This Biden Executive Order attacked the energy industry by promoting “ending international financing of carbon-intensive fossil fuel-based energy while simultaneously advancing sustainable development and a green recovery.” In other words, the U.S. government would leverage its power to attack oil and gas producers while subsidizing favored industries. 
  7. Biden’s EO pushed for an increase in enforcement of “environmental justice” violations and support for such efforts, which typically are advanced by radical environmental organizations and slip-and-fall lawyers hoping to cash in on the backs of energy consumers.  

On February 2, 2021,

  1. The EPA hired Marianne Engelman-Lado, a prominent environmental justice proponent, to advance its radical Green New Deal social justice agenda at the EPA, a signal to industry that it plans to continue its attack on American energy. 

On February 4, 2021,

  1. At the behest of the January 27th Climate Crisis EO, the DOJ withdrew several Trump-era enforcement documents which provided clarity and streamlined regulations to increase energy independence. 

On February 19, 2021, 

  1. Biden officially rejoined the Paris Climate Agreement, which is detrimental to Americans while propping up oil production in Russia and OPEC and increasing the dependence of Europe on Russian oil and natural gas. It also benefits China, who dominates the supply chain for critical minerals that are needed for wind turbines, solar panels, and electric vehicle batteries.

On February 23, 2021,

  1. The Biden administration issued a Statement of Administration Policy in support of H.R. 803 which curtailed energy production on over 1.5 million acres of federal lands. 

On March 11, 2021,

  1. The President signed ARPA, which included numerous provisions advancing Biden’s green priorities, such as a $50 million environmental slush fund directed towards “environmental justice” groups, including efforts advanced by Biden’s EO. 
  2. ARPA also included $50 million in grant funding for Clean Air Act pollution-related activities aimed at advancing the green agenda at the expense of the fossil fuel industry.

On March 15, 2021,

  1. Biden’s Securities and Exchange Commission sought input regarding the possibility of a rule that would require hundreds of businesses to measure and disclose greenhouse gas emissions in a standardized way, hugely increasing the environmental costs of compliance and disincentivizing oil and gas production.

On April 15, 2021,

  1. The Federal Energy Regulatory Commission’s policy statement outlines — and effectively endorses — how the agency would consider market rules proposed by regional grid operators that seek to incorporate a state-determined carbon price in organized wholesale electricity markets. This amounts to a de facto endorsement of a carbon tax that would be paid by everyday Americans in their utility bills. 

On April 16, 2021, 

  1. At Biden’s Direction, Secretary of the Interior Deb Haaland revoked policies in Secretarial Order 3398 established by the Trump administration including rejecting “American Energy Independence” as a goal; 
  2. rejecting an “America-First Offshore Energy Strategy;” 
  3. rejecting “strengthening the Department of the Interior’s Energy Portfolio;” 
  4. and rejecting establishing the “Executive Committee for Expedited Permitting.” These actions set the stage for the unprecedented slowdown in energy activity by the Interior Department, steward of 2.46 billion acres of federal mineral estate and all its energy and mineral resources.

On April 22, 2021,

  1. Biden issued the U.S. International Climate Finance Plan to funnel international financing toward green industries and away from oil and gas.  

On April 27, 2021,

  1. The Biden administration issued a Statement of Administration Policy in support of S.J. Res. 14 which rescinded a Trump-era rule that would have cut regulations on American energy production. 

On April 28, 2021, 

  1. Biden’s EPA issued a Notice of Reconsideration that would propose to revoke a Trump-era action that revoked California’s waiver for California’s Advanced Clean Car Program (Light-Duty Vehicle Greenhouse Gas Emission Standards and Zero Emission Vehicle Requirements).

On May 5, 2021,

  1. This proposed Fish and Wildlife Service Rule revokes a Trump administration rule and expands the definition of “incidental take” under the Migratory Bird Treaty Act (MBTA). The rule would impact energy production on federal lands, increasing regulatory burdens. 

On May 20, 2021,

  1. Biden issued an executive order on Climate-Related Financial Risk that would artificially increase regulatory burdens on the oil and gas industry by increasing the “risk” the federal government undertakes in doing business with them.

On May 28, 2021,

  1. Biden’s FY 2022 revenue proposals include nearly $150 billion in tax increases directly levied against the oil and gas energy producers. 

On July 28, 2021,

  1. This Department of Energy determination increases regulatory burdens on commercial building codes, requiring green energy codes to disincentivize natural gas and other energy sources. DOE readily admits they ignored efforts private industry is making on their own and utilized the questionable “social costs of carbon” to overstate the public benefit. 
  2. The Executive Order also kicked off the development of more stringent long-term fuel efficiency and emissions standards, a backdoor way to compel the electrification of vehicles. 

On August 11, 2021,

  1. The White House released a letter from Jake Sullivan begging OPEC+ (OPEC plus Russia) to produce more oil.

On September 3, 2021, 

  1. Biden’s Department of Transportation issued a proposed rule that would update the Corporate Average Fuel Economy Standards for Model Years 2024–2026 Passenger Cars and Light Trucks to increase fuel economy regulations on passenger cars and light vehicles. The modeling calculated “fuel savings” by multiplying fuel price with ‘avoided fuel costs’ to disincentivize gasoline by making it more costly to afford ICE cars and trucks.

On September 9, 2021,

  1. NASA and the FAA launched a partnership to reduce “fuel use and harmful emissions” by strong-arming industry to adopt elements of their green agenda. 
  2. The Department of Education’s Climate Adaptation Plan (CAP) includes efforts to incorporate the green agenda into as many guidance and policies as possible, effectively leveraging the department as an anti-fossil fuel propaganda tool. 

On October 4, 2021,

  1. The FWS published its final rule revoking Trump-era actions which eased burdensome regulations on energy action. 

On October 7, 2021,

  1. The Council on Environmental Quality revoked Trump administration NEPA reforms that reduced regulatory burdens by reinstating tangential environmental impacts of proposed projects. 
  2. Biden announced plans to designate the Northeast Canyons and Seamounts Marine National Monument, a move counter to Trump’s reversal of a similar Obama-era proclamation. Trump aimed to allow energy exploration in the area to increase energy independence. 
  3. The U.S. Department of Agriculture’s (USDA) CAP includes efforts to switch fuel away from oil and natural gas and subsidize more costly, less efficient fuel sources. 
  4. As part of its CAP, EPA intends to incorporate Biden’s Green New Deal agenda throughout its rulemaking process. 

On October 21, 2021,

  1. This report paints climate change, and therefore oil and gas producers, as a “risk to financial stability.” The report recommended the “climate disclosures” later set forth by the Biden administration. 

On October 28, 2021,

  1. Rep. Rho Khanna interrogated oil CEOs about why they were increasing production as their ‘European Counterparts’ were lowering their own.

On October 29, 2021, 

  1. The Bureau of Land Management announced the use of social costs of carbon in decision-making for approving permits for oil and gas drilling. This devalues the economic benefits of energy production on federal lands.

On October 30, 2021, 

  1. The Department of Labor issued a final ESG Rule that would require fiduciaries to consider the economic effects of climate change and other so-called environmental, social and governance (ESG) factors when evaluating funds for retirement plans. The rule would strongly encourage fiduciaries to draw capital from domestic energy development in oil and natural gas to renewables.

On November 2, 2021, 

  1. The Biden administration led a “Global Methane Pledge” to reduce global methane emissions by 30 percent by 2030. Neither Russia nor China signed the pledge, increasing the world’s reliance on these two countries for energy-related imports and disadvantaging the U.S. oil and natural gas industry, as well as large consumers of energy such as industrial manufacturing and agriculture.

On November 4, 2021, 

  1. Biden committed to “ending fossil fuel financing abroad,” targeting the global fossil fuel industry, thereby disadvantaging them, which increases global oil and gas prices. Further, key countries, like China, did not sign the pledge, so the pledge harms signatories while empowering adversaries. This is another case of unilateral economic and energy disarmament. 

On November 5, 2021,

  1. Biden Energy Sec. Granholm laughed at questions about boosting oil production.

On November 12, 2021,

  1. New Source Review: These broad, overreaching regulations target new, modified, and reconstructed oil and natural gas sources, and would require states to reduce methane emissions from hundreds of thousands of existing sources nationwide for the first time. The Proposed Rule follows the President’s Day 1 Climate EO and the passage of the S.J. Res. 14, a CRA rescinding Trump-era energy independence policies. The proposed rule spends several paragraphs dismissing the effects of the rule on the oil and gas industry and misleadingly applies its effects on the industry to only the “140,000” (an underestimate of the over 220,000) employees directly involved in extraction. This means it ignores the nearly 10 million other people working in the oil and gas industry and the impacts to the oil and gas economy more broadly. 

On November 15, 2021, 

  1. Biden’s Interior Department announced plans to withdraw Chaco Canyon from oil and gas drilling for 20 years.
  2. The Biden administration nominated Saule Omarova to serve as Comptroller of the Currency. Omarova’s past comments speak for themselves: “A lot of the smaller players in [the fossil fuel] industry are going to, probably, go bankrupt in short order—at least, we want them to go bankrupt if we want to tackle climate change,” she said. 

On November 17, 2021,

  1. HUD’s CAP leverages the Community Development Block Grant to advance ‘environmental justice’ efforts. 
  2. Biden calls on the FTC to probe “anti-consumer behavior” by energy companies.

On November 19, 2021, 

  1. Biden endorsed several oil and gas provisions in the Build Back Better Bill, including a new tax on methane, of up to $1500 per ton; 
  2. prohibiting energy production in the Arctic and offshore leasing on the Outer Continental Shelf (OCS) in the Atlantic, Pacific and Eastern Gulf of Mexico Planning Areas; 
  3. increased fees and royalties for onshore and offshore oil and gas production; 
  4. a new $8 billion tax on companies that produce, process, transmit or store oil and natural gas starting in 2023;  
  5. limited ability of energy producers to claim tax credits for upfront and royalty payments in foreign countries – amounting to a tax increase on domestic energy producers; 
  6. and a 16.4 cent tax on each barrel on crude oil – up from 9.7 cents – a $13 billion tax increase on oil production.

On November 26, 2021, 

  1. Biden’s Interior Department issued its report on the Federal Oil and Gas Leasing Program includes recommendations to raise rents and royalty rates on oil and gas producers, even though federal energy production already lags that from state and private lands.

On December 14, 2021,

  1. The EPA launched a revamp of its Office of Civil Rights to add so-called environmental justice enforcement as a key pillar in enforcing Title VI civil rights complaints. The agency’s announcements mean social justice claims against, among others, the oil and gas industry will increase costs and penalties that have specious connections to its environmental mission. 

On December 21, 2021, 

  1. Biden’s Department of Transportation issued its Final Rule revoking Trump-era actions which prevented California from arbitrarily becoming the national standard for fuel emissions. The rule set the stage for the administration to reinstate California’s waiver, and, since automakers do not make different cars for different states, the rule would allow California’s radical environmental policies to reach nationwide, forcing people nationwide to pay for vehicles meeting California’s standards. 

On December 30, 2021,

  1. Biden’s EPA issued its Final Rule for increased “fuel efficiency standards.” According to the Final Rule, “These standards are the strongest vehicle emissions standards ever established for the light-duty vehicle sector. The rule, in responding to comments, claims “energy security benefits to the U.S. from decreased exposure to volatile world oil prices” suggesting that decreasing oil and gas production in the U.S. will result in less exposure to the international oil and gas market because they will be disincentivizing vehicles that use oil and gas. The rule also claims that it will result in “fuel savings” entirely due to less use of fuel.

On January 13, 2022,

  1. DOE announced an initiative to hire 1,000 staffers for their Clean Energy Corps, a group of staff dedicated to Biden’s promise to destroy fossil fuels. 

On January 14, 2022,

  1. Biden nominated Sarah Raskin to serve as Vice Chair of the Federal Reserve. She was deemed so radical in her belief that fed policy should be dictated by environmental policy that she gained a bipartisan opposition and had to withdraw her nomination.

On February 9, 2022, 

  1. A proposed rule on Coal and Oil Power Plant Mercury Standards would revoke a Trump-era rule that cut red tape on coal and oil-fired power generators and followed the Supreme Court’s rejection of an earlier Obama administration rule. This would effectively reinstate Obama-era regulations which sought to increase regulations on coal and oil-fired power plants.

On February 18, 2022,

  1. FERC updated a 23-year-old policy for assessing proposed natural gas pipelines, adding new considerations for landowners, environmental justice communities, and other factors. In a separate but related decision, the commission also laid out a framework for evaluating projects’ greenhouse gas emissions.

On February 21, 2022, 

  1. The Biden administration paused working all new oil and gas leases on Federal land in response to a judge blocking their arbitrary use of social costs of carbon, unnecessarily hurting domestic oil and gas production.  

On February 28, 2022, 

  1. The Ozone Transport Proposed Rule would expand federal emissions regulations over a wider geographic region and over a wider array of sources, including the gathering, boosting and transmission segments of the oil and gas sector. Integral energy production states like Nevada, Utah and Wyoming would be required to jump through more red tape.

On March 1, 2022,

  1. Refusal To Appeal adverse leasing court decision: The Biden administration refused to appeal an unprecedented decision to vacate an offshore oil and gas leasing sale held in November 2021. This means under Biden, the U.S. has not held one successful lease sale offshore. 
  2. Certification of New Interstate Natural Gas Facilities: This policy statement increases climate change regulations for new interstate natural gas facilities. 

On March 8, 2022,

  1. President Biden tried to deflect from his anti-energy record saying there are 9,000 issued leases on federal lands without current drilling. This is true and it’s also true that this is the lowest percentage of unused leases in at least 20 years — in other words, lease utilization is at a multi-decade high.

On March 9, 2022,

  1. EPA Reinstates California Emissions Waiver: The EPA reinstated California’s emissions waivers, allowing the state to set its own greenhouse gas emissions standards, standards which will likely be adopted nationwide and are sure to make vehicles more expensive. The practical effect is that California is setting policy for people in all the other states despite their terrible record of energy inflation.

On March 11, 2022,

  1. Natural Gas Infrastructure Project Reviews: This interim regulation will increase the regulatory burden on natural gas facilities by, among other things, requiring climate change impacts be considered when determining whether a project is in the public interest.

On March 16, 2022,

  1. Doubling Down on Social Costs of Carbon: The 5th Circuit Court of Appeals reinstated the dubious social costs of carbon metric which had been rejected by another court by issuing a stay on the lower court’s ruling. The ruling itself cast doubt on the lower court’s ruling. The Biden administration argued against the lower court’s ruling to reinstate the SCC metric. The Social Cost of Carbon is a “made-up” number designed to make any hydrocarbon project in the U.S. more expensive. It is an “end-around” the politically difficult carbon tax most of the Green Establishment supports. 

March 21, 2022,

  1. SEC Proposed Rule on Mandatory Climate Disclosures: The SEC’s proposed rule would require public companies to disclose greenhouse gas emissions 
  2. and their exposure to climate change. This rule would massively increase so-called environmental costs of compliance and, in tandem with so-called social costs of carbon, artificially disincentivizing oil and gas production. 

March 28, 2022,

  1. Army Corps of Engineers’ Review of its Nationwide Permit 12 for Oil or Natural Gas Pipeline Activities: The corps announced it would be reviewing NWP 12 late last month as part of Biden’s day-1 executive order on climate change mandating all federal agencies ensure their work is in line with its climate and environmental objectives. The review is part of a long list of actions that confuse and delay permitting for critical infrastructure. This makes pipelines harder to build and improve in the U.S.

March 30, 2022

  1. Environmental Justice Advisory Council Meeting: The WHEJAC will hold its first two meetings to, among other things, advance Green New Deal priorities including “environmental justice and pollution reduction, energy, climate change mitigation and resilience, environmental health, and racial inequity.”

March 31, 2022

  1. President Biden announces that he will sell one million barrels of oil a day from the Strategic Petroleum Reserve for the next six months. 
  2. Biden wants to penalize oil companies with unused leases: President Biden called on Congress to pass legislation enacting “use it or lose it” fines on wells that oil companies have leased from the federal government but have not used in years and “on acres of public lands that they are hoarding without producing… Companies that are producing from their leased acres and existing wells will not face higher fees.” The extra fees on federally leased land are on top of rents that the oil companies pay to hold the leases, “bonus bids” paid by the winning bidder at lease sales and the fact that 66 percent of federal leases are currently producing oil. This is simply a deflection from the Biden administration’s war on affordable North American energy supplies. 
  3. Biden’s Budget Contains More Anti-Oil Proposals: President Biden’s budget for the fiscal year 2023 is $5.8 trillion. It contains large amounts of climate spending and anti-oil and gas policies that did not get passed in his Build Back Better bill last year. 
  4. Biden is seeking $50 billion for programs to address climate change, 
  5. including $18 billion to build the U.S. government’s resilience to climate change, 
  6. $3.3 billion in funding for clean energy projects and at least $20 million for a new “Civilian Climate Corps.” 
  7. To help pay for the increased climate spending, Biden is asking Congress to eliminate tax provisions that aid domestic energy production, 
  8. including tax deductions for intangible drilling costs and low-production wells that enable small producers in the United States to produce oil. Removing these deductions will lower domestic output while further raising already high oil and gasoline prices.

April 5, 2022,

  1. Biden’s Department of Energy Office of Fossil Energy and Carbon Management releases a “Strategic Vision” with no discussion of increasing domestic fossil energy production: The Department of Energy is statutorily required to carry out research and development with “the goal of improving the efficiency, effectiveness, and environmental performance of fossil energy production, upgrading, conversion, and consumption.” (42 USC 16291) However, the Biden Department of Energy has no interest in increasing fossil energy production. Despite the requirements of the law, the Strategic Vision is only about “Advancing Justice, Labor, and Engagement; Advancing Carbon Management Approaches toward Deep Decarbonization; and Advancing Technologies that Lead to Sustainable Energy Resources.”  

April 12, 2022,

  1. Biden extended the availability of higher biofuels-blended gasoline during the summer to lower gasoline costs and to reduce reliance on foreign energy sources. The measure will allow Americans to buy E15, a gasoline blend that contains 15 percent ethanol from June 1 to September 15. Oil refiners are required to blend some ethanol into gasoline under a pair of laws, passed in 2005 and 2007, known as the Renewable Fuels Program, intended to lower the use of oil and greenhouse gas emissions and reduce dependency on foreign oil by mandating increased levels of ethanol in the nation’s fuel mix every year. However, since the passage of the 2007 law, the mandate has been met with criticism that it has contributed to increased fuel prices and has done little to lower greenhouse gas emissions. With looming food shortages already acknowledged by President Biden, turning his back on domestic energy production while dedicating even more food to make energy inefficiently is not wise.  

April 15, 2022,

  1. Biden announced 144,000 acres of the federal mineral estate opened for oil and gas leasing — just 0.00589 percent of the 2.46 billion acres the American people own.  White House Press Secretary Jen Psaki said, “Today’s action…was the result of a court injunction that we continue to appeal, and it’s not in line with the president’s policy, which is to ban additional leasing.”
  2. The administration announced it would resume leasing, but with a royalty rate almost 50 percent higher
  3. Withdrawal of M-37046 and 
  4. reinstatement of M37039: “The Bureau of Land Management’s Authority to Address Impacts of its Land Use Authorizations Through Mitigation” The Interior Department reversed a Trump administration decision which limited the scope of “compensatory mitigation” the Department could force upon projects on federal land as a condition of receiving a permit, which will hit energy and mining projects especially hard. Under the new guidance, opponents in the federal government could require mitigation located far from the project with little relevance, effectively giving bureaucrats a blank check to request whatever they wish of a permit seeker with little controls. This decision was made less than a week after the DOI Inspector General reported that there were no controls or apparent records justifying previous versions of this program, and warned they may have to review the overall program again. This is a “3rd world” approach giving government officials the latitude to effectively deny a project by assessing “compensatory mitigation” so expensive as to make it uneconomic, or to fund their pet projects by extorting additional funds from a permit-seeker.

April 19, 2022,

  1. Biden Restores Climate to NEPA: The Biden administration completed reforms on how agencies implement the National Environmental Policy Act, effectively undoing one of the Trump administration’s most important environmental regulatory rollbacks. This opens the door for officials to cook up whatever justification they desire to impede energy development under the guise of NEPA. 

April 20, 2022,

  1. White House Climate Advisor Gina McCarthy states on MSNBC that “President Biden remains absolutely committed to not moving forward with additional drilling on public lands.”

April 21, 2022,

  1. U.S. Climate Envoy John Kerry said the world’s reliance on natural gas should be limited to a decade. He said, “We have to put the industry on notice: You’ve got six years, eight years, no more than 10 years or so, within which you’ve got to come up with a means by which you’re going to capture, and if you’re not capturing, then we have to deploy alternative sources of energy.” Repeated statements like this from administration officials tell investors not to sponsor energy investments in the U.S., since it implies the use of those energy sources will be limited by the government. 

April 25, 2022,

  1. Biden reverses Trump’s Alaska oil plan: The Biden administration released a management plan for the National Petroleum Reserve Alaska, an Indiana-sized area reserved for oil and gas leasing. The final decision reverses a Trump-era plan that had opened most of the reserve to oil and gas leasing and withdraws some of the most prospective oil and gas areas from consideration.  

April 28, 2022,

  1. The Biden administration admitted to using faulty modeling which overestimated wildlife effects, delaying permitting on existing leases.

May 18, 2022,

  1. The Biden administration announced they were canceling a lease sale of over one million acres in the Cook Inlet in Alaska.
  2. At the same time, the Biden administration announced they were canceling a lease sale in the Gulf of Mexico.

May 19, 2022,

  1. HR. 7688 is named the “Consumer Fuel Price Gouging Prevention Act,” and it would give the President vast powers to set price controls by executive fiat. If passed, this legislation will cause even more harm to American energy consumers. Price controls don’t work, and our experience during the gas lines of the 1970s should remind us that price controls will lead to shortages
  2. S.4214 is a similar “price gouging” bill taken up in the Senate.

June 2, 2022,

  1. The Biden administration settled with environmental litigants to do what the Biden administration wanted to do and more thoroughly analyze the climate impacts of oil and gas leasing on 4 million acres of federal lands. This provides more delay, potential litigation about sufficiency, and more uncertainty about investment.
  2. Biden’s EPA announced they were allowing states greater power to stop roads, dams, shopping malls, housing developments, wineries, breweries, pipelines, coal terminals, and other projects using Section 401 of the Clean Water Act.  

June 7, 2022,

  1. Biden’s EPA deals a death blow to Pebble Mine in Alaska.  Citing its authority under the 1972 Clean Water Act, EPA proposed a legal determination that would ban the disposal of mining waste rock in the Bristol Bay watershed. Pebble is one of the world’s largest copper deposits –essential for electrification—and holds enormous quantities of additional minerals, including strategic ones. 

June 8, 2022,

  1. Biden reduces fees on renewables while raising them on oil and gas.  President Biden’s Interior Department announced it will reduce the fees on renewable projects on federal lands after announcing recently that royalty rates and rents would increase as much as 50% for oil and gas projects on federal lands.

June 28, 2022,

  1. President Biden considers new regulations that would hamper the largest oil-producing area in the world.  His latest consideration is EPA implementing new requirements that would curb drilling across parts of the Permian Basin—the world’s biggest oil field that straddles Texas and New Mexico.

July 6, 2022,

  1. President Biden releases his draft offshore lease plan.   The plan includes an option with zero lease sales. There is the potential for ten potential new leases in the Gulf of Mexico and one in the Cook Inlet off the southern coast of Alaska. There are no new leases in federal waters off the Atlantic and Pacific coasts. Biden’s plan is in sharp contrast to President Trump’s proposed offshore lease plan that had 47 new offshore drilling leases, including in the Atlantic and Pacific oceans. President Trump had proposed a vast expansion of drilling sales to cover more than 90 percent of coastal waters, including areas off California and new zones in the Atlantic and Arctic. The earliest Biden’s offshore lease program could be finalized is likely late fall.

July 7, 2022,

  1. The Biden administration proposes a strict appliance standard rule for furnaces, the goal of which is to increase the upfront cost of using natural gas furnaces so great that people will switch to electric heating.   

July 14, 2022,

  1. Biden sells oil to China from the SPR.  Biden has sold more than five million barrels of oil from the SPR to European and Asian nations instead of U.S. refiners, compromising U.S. energy security. Biden’s Energy Department in April announced the sale of 950,000 barrels from SPR to Unipec, the trading arm of the China Petrochemical Corporation, which is wholly owned by the Chinese government.  China purchased that oil from U.S. emergency reserves to bolster its own stockpile. China has been buying large amounts of oil for its reserves since the early COVID lockdowns when prices were low due to demand destruction.

July 15, 2022,

  1. Biden’s Federal Highway Administration, without authority to do so, proposed requiring all states to track and reduce on-road vehicle greenhouse gas emissions.

August 16, 2022,

  1. President Biden signs the Inflation Reduction Act (IRA), which includes new taxes on natural gas extraction and methane leaks, and 
  2. Superfund taxes on crude oil and its related products, and
  3. An extension of biofuel tax credits and a new tax credit for sustainable aviation fuel. These biofuel tax credits will encourage existing petroleum refining capacity to convert to biofuels, making it harder for Americans to get the petroleum fuel products they need for transportation and home heating. These incentives will make the United States import more petroleum products from countries with additional capacity such as China and the Middle East, while committing more agricultural products to fuel, rather than food.  
  4. IRA:  The law also encourages states to adopt California’s plan to phase out gas-powered vehicles by 2035.

August 17, 2022,

  1. A federal judge reinstated a moratorium on coal leasing from federal lands that had been implemented during the Obama administration and was lifted under President Donald Trump. The ruling from U.S. District Judge Brian Morris requires government officials to conduct a new environmental review prior to resuming coal sales from federal lands. According to the judge, the government’s previous review of the program had not adequately considered the impacts of climate change from coal’s greenhouse gas emissions, among other effects. 

August 18, 2022

  1. Secretary of Energy Jennifer Granholm sent a letter to refiners threatening “to deploy emergency actions” against the industry if they continue to export refined products or otherwise fail to build refined product inventories. This ignores the record of increasing exports of petroleum coinciding with rising production in the U.S.

August 22, 2022,

  1. U.S. Appeals Court reinstates Biden’s ban on oil and gas leasing 

September 6, 2022

  1. The Biden administration reached an agreement with environmental groups to halt drilling permits on over 58,000 acres of land in a sue-and-settle case.

September 12, 2022,

  1. EPA announced they rejected Cheniere Energy’s LNG appeal to exempt two turbines at LNG export terminals from a hazardous pollution rule despite the needs of the Europeans and others for LNG and Biden’s promises to help allies with supplies. 

September 19, 2022

  1. The Department of Energy announces the sale of an additional 10 million barrels of oil from the SPR

September 20, 2022,

  1. The Biden administration is expected to soon finalize a rule banning oil and gas leasing near Chaco Culture National Historical Park opposition from local Indigenous leaders, who say the administration’s rule would prevent them from collecting royalties on their land.

September 30, 2022,

  1. Secretary of Energy Jennifer Granholm and senior White House officials met with U.S. refiners. The Biden administration officials threatened the refiners with an export ban

October 5, 2022,

  1. The Biden administration is reportedly working to wind down sanctions against Venezuela’s authoritarian government in exchange for oil production.  This ignores that Venezuelan crude oil is much more carbon intensive than the domestic oil the Biden Administration is restricting, or Canadian oil which would have been transported via the Keystone XL pipeline.  

October 7, 2022,

  1. The Securities and Exchange Commission announced that it was reopening the comment period on the ESG rule because a “technological error” resulted in the deletion of some public comments. But the SEC only gave people 14 days to figure out if their comment was deleted and to submit a comment again.  

October 2, 2022,

  1. Biden administration officials lobbied the Saudis and other members of OPEC+ to hold off reducing oil output until after the midterm elections.  

October 6, 2022,

  1. The Department of the Interior moves forward with some leasing but notes that they are “mandated” by the Inflation Reduction Act. In other words, DOI is trying not to lease unless mandated by an act of Congress. This ignores that current law requires them to lease periodically, which they are honoring in the breach.

November 2, 2023

  1. President Biden threatens oil companies with a windfall profits tax—again.  “Their profits are a windfall of war,” Mr. Biden said, referring to the Russian invasion of Ukraine as the reason for high prices for oil and gasoline. Biden could easily increase domestic oil production by changing his anti-oil and gas policies that began on his first day in office.

November 9, 2022

  1. California proposes banning new diesel trucks by 2040.  The California Air Resources Board (CARB) proposed a regulation that would require manufacturers to sell only “zero-emission” medium and heavy-duty vehicles in the state by 2040.

November 16, 2022

  1. The U.S. supports the phase out of hydrocarbon fuel sources at COP27.

November 17, 2022

  1. Biden releases more stringent requirements to EPA’s proposed methane rule at COP27.  At the Conference of the Parties (COP27) in Egypt, President Biden’s Environmental Protection Agency (EPA) released the text of a supplemental proposed rule regulating methane emissions from the oil and natural gas industries that is more stringent than the original proposed rule in 2021. The 2021 rule targets emissions from existing oil and gas wells nationwide, rather than focusing only on new wells as previous EPA regulations have done. The new rule released at COP27, however, includes all drilling sites, even smaller wells that emit less than 3 tons of methane per year.  Small wells currently are subject to an initial inspection but are rarely checked again for leaks. The new proposal also requires operators to respond to credible third-party reports of high-volume methane leaks. These more stringent requirements result in a near doubling of the economic costs, which are estimated to produce a 13 percentage point increase in reduced emissions from 2005 levels by 2030. Increasing costs will increase bills for consumers at a time when natural gas prices are already expected to climb.
  2. Federal government grants lesser prairie chicken ESA protections.

November 29, 2022

  1. EPA proposes exorbitant estimates for the social cost of carbon.  President Biden’s Environmental Protection Agency (EPA) has proposed a new estimate for the social cost of carbon emissions that nearly quadruples the interim figure from the Obama Administration. The Biden administration has been using the Interagency Working Group’s interim value of $51 per metric ton of carbon dioxide, but EPA has proposed increasing it to $190.

November 30, 2022

  1. Instead of relying on the scientific method, the Biden administration instructed regulatory agencies to apply “indigenous knowledge” to “research, policies, and decision making.”

December 7, 2022

  1. President Biden seeks fossil fuel-free federal buildings and bans natural gas.

December 8, 2022

  1. The Bureau of Land Management piles its methane rule atop those set by EPA and Congress.  BLM’s proposal would tighten limits on gas flaring on federal land and require energy companies to better detect methane leaks. The rule would impose monthly limits on flaring and charge fees for flaring that exceeds those limits. 

December 23, 2022

  1. California’s regulators release their net zero plan.  California regulators approved a plan to reduce the state’s carbon-dioxide emissions by 85 percent from 1990 levels by 2045, thereby reaching carbon neutrality, meaning the state will remove as many emissions from the atmosphere as it emits. It aims to do so in part by reducing fossil fuel demand. 

January 10, 2023

  1. U.S. Interior Department names Elizabeth Klein to oversee offshore energy.  She had initially been nominated by the White House to be the Deputy Interior Secretary under current chief Deb Haaland but was withdrawn from consideration in March 2021 amid opposition from moderate Alaska Republican Senator Lisa Murkowski, whose vote was needed for her confirmation, over concerns that Klein was opposed to oil development.

January 12, 2023

  1. EPA’s proposed rule regarding the Clean Water Act. The rule would expand the EPA and Army’s regulatory oversight to include traditionally navigable waters, territorial seas, interstate waters and, “upstream water resources that significantly affect those waters.”  According to the two agencies, the revised rule is based on definitions that were in place before 2015. Farming groups, oil and gas producers, and real estate developers criticized the regulations as overbearing and burdensome to business, and, in particular, the ruling has the potential to affect natural gas infrastructure projects. It also would exert federal control over lands not owned by the federal government.

January 17, 2023

  1. Biden appointee proposes ban on gas stoves.  Richard Trumka Jr., a Biden commissioner on the CSPC, told Bloomberg the ban is justified because gas stoves increase respiratory problems such as asthma among children, which is a myth promoted by environmentalists whose real agenda is not to reduce asthma but to ban natural gas.  Gas stoves are used in about 35 percent of households nationwide, or about 40 million homes. The household figure is closer to 70 percent in some states, such as California and New Jersey. Other states where many residents use gas stoves include Nevada, Illinois, and New York.

January 31, 2023

  1. The Biden administration blocks Minnesota’s Twin Metals Mine.  The Biden administration blocked plans for a major copper, nickel and cobalt mine in northern Minnesota that could have helped supply minerals for his “net-zero” plans. The “Twin Metals Project” would have tapped the Duluth Complex within the Superior National Forest, where 95 percent of the nation’s nickel reserves and 88 percent of American cobalt reserves are found.

February 3, 2023

  1. The Biden administration blocks the development of Alaska’s Pebble Mine.  The U.S. Environmental Protection Agency blocked the development of the proposed Pebble mine–the most significant undeveloped copper and gold resource in the world–because of stated concerns about its environmental impact on Alaska’s aquatic ecosystem.

March 3, 2023

  1. Biden EPA approves Midwest governors’ request for year-round E15 sales.  The Biden administration is recommending for approval a rule that would allow expanded sales of gasoline with a higher ethanol blend (15 percent ethanol), based on a request from governors in Midwest states.

March 9, 2023

  1. Biden administration attacks oil and gas in FY24 budget proposal.

March 10, 2023

  1. Biden’s offshore oil and gas lease plan was delayed by 18 months. President Biden’s oil and gas offshore lease plan is late and will be even later as the Interior Department argues it needs until December to finalize the plan. It told a court it needs the rest of the year to complete an analysis on the delayed five-year program, which will replace the expired 2017-2022 program. 

March 14, 2023

  1. Biden withdraws more areas of Alaska from oil exploration.  The Biden administration announced major restrictions on offshore oil leasing in the Arctic Ocean and across Alaska’s North Slope supposedly to temper criticism from environmentalists over a pending decision on an oil drilling project in Alaska’s National Petroleum Reserve known as Willow and to form a “firewall” to limit future oil leases in the region. The Interior Department said it would issue new rules to block oil and gas leases on more than 55 percent of the 23 million acres that form the National Petroleum Reserve-Alaska and bar drilling in nearly 3 million acres of the Beaufort Sea — closing it off from oil exploration.  The restricted area of over 16 million acres is about the size of West Virginia. The Willow project, if approved, would take place inside the petroleum reserve, which is located about 200 miles north of the Arctic Circle. The National Petroleum Reserve was established in 1912 as a backup source of oil for the federal government, originally for the Navy, as it was at one time referred to as the Naval Petroleum Reserve. Four sites in the country comprised the Naval Petroleum Reserve. The fourth site is on the North Slope of Alaska.

March 16, 2023

  1. Sen. Whitehouse introduces the “Clean Competition Act,” a carbon border tax.  One consequence of this policy would be a negative impact on trade relations with the rest of the world. A carbon border tax will likely lead to retaliatory tariffs with our trading partners and a trade war as increasing tariffs are applied back and forth. A carbon tax like this one would impact heavy industry the most, as it would raise prices on things like steel, aluminum, and other industrial inputs. Because the costs of tariffs are ultimately passed along to consumers, starting a trade war with the world’s largest producer of aluminum (China produced nearly 60 percent of world aluminum in 2021) is a far cry from supporting the American working class. Additionally, carbon border taxes are ripe for political gamesmanship because determining the true carbon intensity of products from a variety of countries with different regulatory systems and variations in how emissions are tracked is no simple task. The sheer complexity of rating products would impose massive compliance costs throughout global supply chains, the last thing that is needed with runaway inflation and supply chains that are still recovering from the dual shocks of the pandemic and Russia’s invasion of Ukraine.

March 17, 2023

  1. EPA’s “Good Neighbor” rule increases the costs of electricity for consumers.  The Biden administration announced tougher limits on emissions from power plants, factories and other industrial facilities that cross state boundaries. The new standards, announced by the Environmental Protection Agency (EPA), are intended to place tighter constraints on emissions from 23 Midwestern and Western states that have coal and natural gas power plants and facilities. This interstate regulation, known as the “good neighbor” rule, strengthens and expands an earlier interstate air pollution standard that was enacted during the Obama administration. In finalizing the rule, the EPA included three western states in the regulation — California, Nevada and Utah, due mainly to emissions from their industrial facilities. The new rule includes increased flexibilities, giving power plants emission allowances that will decrease over time. EPA was able to finalize the new standards as the U.S. Court of Appeals for the D.C. Circuit rejected a challenge to EPA’s proposed rule by coal companies and others this month. This rule is but one of many the Biden Administration is planning to roll out in pursuit of its quest to kill coal plants in the United States, as IER has detailed.

March 20, 2023

  1. Biden uses veto to preserve DOL Rule on ESG investing.

March 23, 2023

  1. U.S. Army Corp of Engineers slow walks Line 5 permitting process.

March 30, 2023

  1. California gasoline price gouging bill.  California Democratic lawmakers approved a bill that could provide a penalty for supposed price gouging at the gasoline pump, allowing regulators the power to fine oil companies for supposedly profiting from gas price spikes similar to those that California experienced last summer. Democratic Governor Gavin Newsom called for a special legislative session to pass a new tax on oil company profits after the average price of gas in California hit a record high of $6.44 per gallon, according to AAA. State regulators, however, did not pass a new tax because they were worried about supply shortages and higher prices as oil companies pass the new tax onto consumers.

March 31, 2023

  1. New York State to ban gas stoves in new buildings.  New York will become the first state to pass a law banning natural-gas and other fossil-fuel hookups in new buildings on its way to meeting President Biden’s net zero carbon goals and the state’s own targets for greenhouse-gas reduction. The New York State Climate Leadership and Community Protection Act, passed in 2019, calls for a reduction in economy-wide greenhouse-gas emissions of 40 percent by 2030 and 85 percent by 2050 from 1990 levels.

April 4, 2023

  1. The Bureau of Land Management (BLM) proposes a rule to try to get around the Federal Land Policy and Management Act’s (FLPMA) requirements for “multiple-use and sustained yield” and instead have even more lands in conservation.

April 12, 2023

  1. Biden releases new rules to force electric Vehicles on Americans. The New York Times notes that EPA is releasing rules that are intended to ensure that electric cars represent between 54 and 60 percent of all new cars sold in the United States by 2030 and 64 to 67 percent by 2032—in 9 years. That would exceed President Biden’s earlier goal announced in 2021 to have all-electric cars account for half of new car sales by 2030. The purpose of the new EPA regulations is to essentially regulate cars with combustible engines out of business by making the rules so stringent that car companies cannot comply, which is a de facto death knell. Today, less than six percent of cars are electric, despite tax credits of up to $7,500. The federal government is also providing tens of billions of subsidies to the battery producers and offering prime parking spaces to electric vehicles with charging stations at nearly every shopping center in America. This ruling would result in a complete transformation of the automotive industrial base and the automotive market, whether the American public likes it or not.
  2. EPA announces new GHG emissions regulations rule for heavy-duty vehicles ((such as delivery trucks, refuse haulers, public utility trucks, transit, shuttle, school buses, etc.) and tractors (such as day cabs and sleeper cabs on tractor-trailer trucks) starting in model year 2027.

April 25, 2023

  1. EPA Proposes to Regulate Carbon Dioxide Emissions from Existing and New Power Plants.

May 12, 2023

  1. Department of Transportation Proposes Rules to Reduce Methane Emissions from pipelines.

May 15, 2023

  1. EPA proposes new regulations requiring power plants to reduce GHG emissions and require carbon capture and sequestration or hydrogen co-firing even though these are uneconomic technologies.

June 2, 2023

  1. Biden orders a 20-year ban on oil and gas leasing within 10 miles of Chaco Culture National Historical Park. In withdrawing the lands from development against the wishes of the Navajo Nation, the action prevents Navajo mineral owners from developing their oil and natural gas resources and realizing $194 million in royalty income over 20 years.

June 22, 2023

  1. The U.S. Fish and Wildlife Service (FWS) proposes three new ESA rules regarding interagency cooperation, listings, and critical habitat designation. Taken together, the Biden Administration is seeking to erode the standards with the goal of listing species that do not credibly meet the ESA’s definition of threatened or endangered species and designated critical habitat on such massive scales, including areas that are unoccupied. The result is reduced areas open to development, increased costs, unwarranted or unjustified permit requirements, delays, and a multitude of operational constraints that significantly impact the ability to responsibly develop energy resources.
  2. The U.S. Fish and Wildlife Service (FWS) along with the National Marine Fisheries Service (NMFS) propose new regulation on interagency cooperation with respect to the Endangered Species Act.
  3. The FWS and NMFS also propose the new regulations on Listing Endangered and Threatened Species and Designating Critical Habitat.
  4. The FWS proposes an additional rule pertaining to endangered species. These three rules taken together seek to erode the standards with the goal of listing species that do not credibly meet the ESA’s definition of threatened or endangered species and designated critical habitat on such massive scales, including areas that are unoccupied. The result is reduced areas open to development, increased costs, unwarranted or unjustified permit requirements, delays, and a multitude of operational constraints that significantly impact the ability to responsibly develop energy resources.

June 30, 2023

  1. The U.S. Fish and Wildlife Service (FWS) proposes to list the Dunes Sagebrush Lizard as endangered under the Endangered Species Act (ESA). Despite extensive conservation efforts by oil and natural gas operators, the listing in the highly productive Permian Basin of Texas and New Mexico seems specifically designed to reduce development in one of the nation’s most prolific oil producing regions.

July 20, 2023

  1. Biden Administration Proposes to Raise Drilling Costs on Federal Lands. The Interior Department’s Bureau of Land Management (BLM) has proposed a rule to implement the increased increasing royalty rates for oil and natural gas drilling production on federal lands from 12.5 percent to 16.67 percent—about a third higher–and increased leasing fees that Congress passed in the Inflation Reduction Act (IRA). BLM goes far beyond IRA by also raising the minimum bond paid upon purchasing an individual drilling lease from $10,000 to $150,000. To top it off, they propose raising the minimum bond required for a drilling lease on multiple public lands in a state from $25,000 to $500,000—a 20-fold increase. Developers must pay the bond before drilling begins. The agency also proposes limits designed to steer development away from wildlife and cultural sites. The Interior Department estimates that energy firms will incur $1.8 billion in additional costs by 2031.

July 26, 2023

  1. The White House holds a Methane Summit to reduce methane emissions, but doesn’t invite anyone from the industry.

July 28, 2023

  1. NHTSA proposes new fuel efficiency regulations requiring the average light-duty vehicle estimated to reach 58 miles per gallon by 2032.
  2. NHTSA proposes new fuel efficiency regulations for heavy-duty pickup trucks and vans (HDPUVs) for MYs 2030-2035.

August 1, 2023

  1. EPA proposes updated greenhouse gas reporting requirements for the oil and natural gas industry. Rather than recognizing that industry continues to decrease methane and other greenhouse gas emissions, the rule attempts to overcount GHGs as a means to eventually impose a carbon budget on the industry. By manipulating emissions factors that are used to calculate emissions, the rule could overestimate industry emissions nearly three-fold.

August 2, 2023

  1. The White House issues new guidance on valuing ecosystem services for use in calculating costs and benefits of proposed regulations.

August 3, 2023

  1. BLM proposes removing more than 1.6 million acres from oil and gas leasing in Colorado.

August 4, 2023

  1. BLM proposes to close 1.566 million acres to oil and natural gas leasing in the Grand Junction and Colorado River Valley field offices in the highly productive Piceance Basin on Colorado’s West Slope. The Energy Information Administration (EIA) considers the Piceance Basin to have five of the top 50 natural gas fields in the United States in proven reserves. The update to the Resource Management Plan and supplemental Environmental Impact Statement is designed to cut off new development in the promising Mancos Shale formation.

August 7, 2023

  1. Biden proposed 236-pages of revisions to NEPA (National Environmental Policy Act) guidance to make it harder to permit any natural gas, oil, or coal project.

August 10, 2023

  1. EPA denies small refinery biofuel waivers and sets large future biofuel mandates. 

August 24, 2023

  1. The Interior Department holds lease sale 261, but withdraws 6 million acres previously scheduled for leasing.

September 5, 2023

  1. The Department of Transportation banned the transportation of LNG by train.

September 6, 2023

  1. The Biden administration canceled oil and gas leases held by the state of Alaska in the 1002 area of ANWR. This area was specifically set aside by Congress for oil and gas leasing and Congressionally-mandated lease sales.
  2. The Biden administration proposed new regulations to make it more difficult to produce oil and gas in the National Petroleum Reserve-Alaska by withdrawing almost half of the prospective area.  

October 2, 2023

  1. The Biden administration’s five-year plan for offshore oil and gas leasing will not include any sales in 2024 and will feature just three in the final four years–the lowest number of auctions in the history of the program. 
  2. Army Corps of Engineers continues “inexplicably lethargic” environmental review of Line 5.  Line 5 moves about 23 million gallons of oil and gas products daily between the United States and Canada. 

October 18, 2023  

  1. An E&E News analysis shows a 30 percent decrease in permits issued for new offshore oil and gas wells during the first two years of the Biden administration compared to the equivalent period under the Trump administration. Unfavorable policies are deterring companies from making long-term, capital-intensive investments in the U.S. Gulf of Mexico (GOM), where almost all U.S. offshore drilling occurs. The Bureau of Safety and Environmental Enforcement (BSEE) permitted 105 wells in Biden’s first two years, which compares to approving 148 during Trump’s first two years in office and 275 during Obama’s first two years. Oil companies face tougher regulations under Biden, uncertainty in oil prices, and higher expenses as they move into drilling deeper waters.

October 27, 2023

  1. A proposed Environmental Protection Agency (EPA) rule on hydrofluoric-acid-based alkylation could spur a round of refinery closures as the cost of replacing hydrofluoric acid based alkylation with alternatives is extremely high. EPA is considering adding amendments to its Risk Management Program (RMP) regulation that could effectively eliminate the use of hydrofluoric acid at U.S. refineries to make cleaner gasoline. Finalization of the rule would result in a loss of U.S. alkylation capacity that would reduce supplies of gasoline and aviation fuel, resulting in higher fuel prices for consumers. It could also shutter some refineries and impact U.S. energy and economic security.

October 31, 2023 

  1. Biden designates longtime political operative Laura Daniel-Davis as Acting Deputy Secretary for the Department of Interior. Biden previously nominated Daniel-Davis to serve as Assistant Secretary for Land and Minerals Management, but withdrew the nomination after it became clear it would not advance in the senate over concerns of her anti-production track record. This move bypasses congressional authority and places another politically motivated opponent of domestic energy production into the leadership of DOI.

November 2, 2023

  1. Biden’s Department of Energy (DOE) has increased the time it takes to review a permit for exporting LNG from 7 weeks to a minimum of 11 months. The slowing of permit approval could mean that nearly-completed LNG projects are not able to supply European buyers in need of gas because they do not have  the permit. The drastic slowing of LNG export permits represents the most significant limit thus far on an industry planning to add 50 percent more to U.S. export capacity by 2026. 

November 6, 2023 

  1. Biden-⁠Harris Administration Releases Final Guidance on OMB Circular A-4.  The 2003 version of Circular A4 advised agencies to use discount rates ranging from 3% to 7% to calculate present values of future costs and benefits. The updated 2023 Circular A4 advises agencies to use the rate of return to Treasury Inflation Protected Securities (TIPS), which currently are roughly 1.7%.  The rates reflect the weight given to future impacts of climate change. A higher rate means a lower dollar value is assigned to future impacts; a lower rate assigns more value to those impacts.

November 11, 2023 

  1. Biden’s Department of the Interior announced a draft of the department’s Environmental Justice Strategic Plan. The plan calls for all DOI employees, including those responsible for permitting energy production on federal lands, to be “held accountable for advancing environmental justice.” The plan also calls for more of DOI’s resources to be used for the purposes of increasing employees’ ‘awareness and understanding of environmental justice” to be considered in all decision making. 

November 17, 2023 

  1. U.S. Senate Majority Leader Charles Schumer and 22 other Democratic senators recently wrote to the U.S. Federal Trade Commission (FTC), alleging that multi-billion dollar acquisitions by Exxon Mobil and Chevron would lead to reduced competition and higher prices for consumers and asking regulators to launch antitrust probes. Exxon has proposed buying Pioneer Natural Resources for $60 billion and Chevron agreed to acquire Hess for $53 billion. The letter clearly shows, however, that these politicians do not understand much about the U.S. oil market: its players and their contributions to the nation’s energy security. First, it is hard to understand how competition would be reduced when Exxon and Pioneer combined produce only about 5 percent of U.S. oil, which is just a fraction of the oil OPEC members control–approximately 80 percent of the world’s proven oil reserves. The United States has roughly 9,000 small independent oil producers that produce 83 percent of total U.S. oil production and 90 percent of total U.S. natural gas production. In Texas, there were more than 5,700 oil and gas producers operating in 2022.

December 1, 2023

  1. Buried within the Department of Interior’s extensive 200+ page proposal for updating the Fluid Mineral Leases and Leasing Process is a proposed rule that introduces a novel “preference criteria,” a potentially transformative mechanism that has garnered relatively little attention but could provide the Biden administration with an additional tool to impede responsible oil and natural gas development.  In essence, this would empower the Bureau of Land Management to integrate the “preference criteria” into its regulations governing oil and natural gas, enabling the BLM to preemptively exclude land parcels with “sensitive cultural, wildlife, and recreation resources” from potential leasing, even before conducting environmental analyses.

December 4, 2023

  1. EPA issues new methane rule.  EPA’s new rule requires frequent monitoring and repair of methane leaks at well sites, centralized production facilities, and compressor stations using established inspection technologies or, at an operator’s election, novel advanced detection technologies. Similarly, storage vessels at production facilities are regulated in largely the same manner under this final rule as existing VOC requirements. However, storage vessels that previously were unaffected by regulation, including both new and existing facilities, may now be subject to NSPS based upon updated definitions and the addition of a new applicability trigger. Finally, the rule aims to phase out venting and flaring of gas coming from oil wells. 

December 8, 2023

  1. The Environmental Protection Agency (EPA) updated its estimate of the “social cost” of carbon dioxide—a contrived way of increasing the cost of everything made from or using hydrocarbon resources to vilify those projects and keep them from becoming economic. The new estimate nearly quadruples the estimated cost of carbon dioxide to the world that the Biden administration is currently using — a change that will result in stronger climate rules and more stringent regulations that will increase costs for consumers as the least expensive materials will now cost more when projects are being considered and their costs estimated. The change could affect everything from “tiny rules” such as those concerning vending machines to more significant regulations. It is the Biden administration’s way to justify its present position, which as President Biden said, is to “end fossil fuels.”

December 11, 2023

  1. The Interior Department announced new actions in support of “nature-based” solutions. The policy directs land managers and decision makers to use  guidance from “environmental justice and Indigenous Knowledge” to implement “nature-based” climate solutions into all operations on federal lands. 

December 14, 2024

  1. The U.S. Treasury Department’s Office of the Comptroller of the Currency (OCC) carried out its first climate risk assessment of more than two dozen banks in recent months, laying the groundwork for heightened scrutiny of Wall Street’s accounting for climate change.  The climate risk assessment will limit financing opportunities for oil and gas projects.

January 5, 2024 

  1. The Department of the Interior announces Deputy Assistant Secretary for Land and Minerals Management Steve Feldgus has been named Principal Deputy Assistant Secretary for Land and Minerals Management. Feldgus has been an outspoken opponent of domestic mineral production.

January 12, 2024

  1. The Biden administration revealed its strategy for implementing a new methane emissions fee targeting the oil and gas sector, aimed at accelerating efforts to curb the release of this potent greenhouse gas. This fee, reaching up to $1,500 per metric ton by 2026, was stipulated by Congress under the 2022 Inflation Reduction Act. However, crucial aspects such as the calculation method for charges and criteria for exemptions have been delegated to the EPA for determination.

January 26, 2024 

  1. Biden halts permitting for new LNG export facilities.  

January 31, 2024

  1. Interior halts New Mexico oil plan.

February 7, 2024 

  1. A new round of political appointments at the Department of Energy places Alexandra Teitz in the office of the DOE’s general council. Teitz, a former Obama administration staffer, has written extensively about the federal government’s responsibility to prohibit the development of natural gas and oil on federal lands during her work with Climate 21.

February 9, 2024

  1. A new round of political appointments at the Department of the Interior places Maryam Hassanein in the office of the DOI’s Land and Minerals Management. Prior to joining the administration, Hassanein worked for the League of Conservation Voters, an extreme environmentalist organization that promotes stopping energy production on federal lands in the name of the “climate crisis” among other radical environmental positions. 

February 14, 2024

  1. The Environmental Protection Agency recently finalized a new rule to reduce the level of particulate matter (PM) by updating the national air-quality standards. Particulate matter is made up of microscopic solid particles such as dirt, soot or smoke and liquid droplets in the air up to 2.5 microns in diameter — far smaller than a human hair. Particulate matter comes from a variety of sources including power plants, cars, dust, construction sites and wildfire smoke. The new rule will lower the annual standard to 9 micrograms per cubic meter from 12 micrograms per cubic meter established by the Obama Administration. The 24-hour standard which is meant to account for short-term spikes will remain at 35 micrograms per cubic meter. Since 2000, particulate matter has declined by 42 percent, even as the U.S. gross domestic product has increased by 52 percent.  The new rule does not impose controls on specific industries; it lowers the annual standard for fine particulate matter for overall air quality, leaving states to force industries to comply or close their doors. The EPA plans to take samples of air across the country starting this year through 2026 to identify counties and other areas that do not meet the new standard. It will also tweak its air monitoring network to better capture the air pollution that communities living near industrial infrastructure face. States would then have 18 months to develop compliance plans for those areas. States that do not meet the new standard by 2032 could face penalties. While the standard itself would not force polluters to shut down, the EPA and state regulators could use it as the basis for other rules that target specific sources such as diesel-fueled trucks, refineries and power plants.  Opponents indicate that it will hamper American manufacturing and eliminate jobs and could shut down power plants and/or refineries. EPA officials, however, did not estimate the employment impact of the new rule because of the variety of industries affected.  Industry groups like the American Forest & Paper Association, American Wood Council and the group’s member company CEOs sent a letter to the White House in October expressing their opposition to the rule, saying the move, “threatens U.S. competitiveness and modernization projects in the U.S. paper and wood products industry and in other manufacturing sectors across our country.” “This would severely undermine President Biden’s promise to grow and reshore U.S. manufacturing jobs, and ultimately make American manufacturing less competitive.” “It also would harm an industry that has been recognized as an important contributor to achieving the Administration’s carbon reduction goals, including in future procurement for federal buildings.”
  2. The Department of Energy announces its second annual equity action plan. Straying ever farther from the department’s statutory mission to “assist in the development of a coordinated national energy policy,” Secretary Granholm seeks to prioritize “environmental justice and inclusivity” in the agency’s rulemaking.  The plan complicates DOE procurement and R&D processes by introducing arbitrary political considerations.

March 6, 2024

  1. SEC approves climate disclosure rule forcing public companies to report their greenhouse gas emissions and climate risks.  

March 7, 2024

  1. John Podesta starts his first day as Biden’s “global climate boss.”

March 11, 2024 

  1. Biden attacks domestic oil and gas producers in his budget proposal to Congress, stating his desire to increase taxes on energy producers. DOI Secretary Deb Haaland says the budget proposal is a tool for advancing “environmental justice” through the department’s programing. The overtly hostile language and proposals add to the atmosphere of uncertainty for domestic producers potentially curtailing future investment. 

March 13, 2024 

  1. Michael Nedd, Deputy Director of Operations for the Bureau of Land Management, was promoted by the Biden administration to Deputy Director for Administration and Programs for BLM. Nedd recently testified before a Congressional hearing on Biden’s mismanagement of domestic oil and gas production, in which he told the committee the BLM must ensure “we transition to a clean energy economy” by limiting domestic energy production. In addition to overseeing the Bureau’s budget formulation, in this role Nedd will also help craft national policy and programs which will likely be influenced by his goal of eliminating the use of fossil fuels.

March 14, 2024

  1.  Oil and gas land auction cut by more than 3,000 acres in New Mexico amid concerns.  Federal officials cut a proposed public land auction for the oil and gas industry by 3,000 acres. 

March 20, 2024

  1. Biden’s Bureau of Land Management adds additional roadblocks for oil and gas leasing on federal lands in Ohio adding additional time-consuming steps to its environmental impact study to further research the “magnitude of impacts from climate change at the global, national, or state scales,” that leasing could have.

March 28, 2024 

  1. The Interior Department introduces final methane rule, teeing up a potential legal fight even as environmentalists say it is critical to addressing climate change.  The plan, which sets limits on emissions of the greenhouse gas on public lands, is being closely examined by oil and gas groups, which successfully axed a previous Bureau of Land Management methane rule in federal court for veering into air quality regulations overseen by EPA.  BLM says the rule will bring in $50 million per year in added natural gas revenue. It makes oil companies pay royalties on “wasted” methane and caps the amount of gas they can release or burn off due to lack of pipelines. It could also hamper drilling approvals for companies that don’t prove they can minimize releases of the gas, which has about 80 times the heat-trapping capability of carbon dioxide over a period of 20 years.
  2. The Biden administration introduces new ESA rules.  The Fish and Wildlife Service and NOAA Fisheries reimposed stricter Endangered Species Act rules Thursday that reverse some of the Trump administration’s most controversial environment-related initiatives.

March 29, 2024 

  1. U.S. Environmental Protection Agency (EPA) announced a final rule, “Greenhouse Gas Emissions Standards for Heavy-Duty Vehicles – Phase 3,” that sets stronger standards to reduce greenhouse gas emissions from heavy-duty (HD) vehicles beginning in model year (MY) 2027. The new standards will be applicable to HD vocational vehicles (such as delivery trucks, refuse haulers, public utility trucks, transit, shuttle, school buses, etc.) and tractors (such as day cabs and sleeper cabs on tractor-trailer trucks) with the aim of decreasing and eventually eliminating demand for traditional fuels..

April 3, 2024 

  1. The Biden administration bars new oil drilling and mining in Colorado’s Thompson Divide. The Biden administration finalized a 20-year ban on new oil and gas drilling and mining activity on 221,898 acres of federal lands within western Colorado’s Thompson Divide.

April 4, 2024

  1.  Biden’s Office of Surface Mining Reclamation and Enforcement rolls-back a Trump-era reform that made it more difficult for anti-energy activists to weaponize the Ten-Day Notice rule. The Biden administration’s changes gives their allies much more latitude to engage in regulatory activism and will make it more difficult for American energy producers to operate in an uncertain regulatory environment.

April 9, 2024 

  1. The Department of the Treasury and Internal Revenue Service (IRS) issued two Notices of Proposed Rulemaking (proposed regulations) on the stock buyback or “repurchase” excise tax included in President Biden’s Inflation Reduction Act, a provision that will force corporations to pay more in taxes. One of the targets of this provision is America’s oil and gas producers who have used stock buy-backs effectively in the past. 

April 11, 2024 

  1. Biden Plans Sweeping Effort to Block Arctic Oil Drilling. The US set aside 23 million acres of Alaska’s North Slope to serve as an emergency oil supply a century ago. Now, President Joe Biden is moving to block oil and gas development across roughly half of it. The initiative, set to be finalized within days, marks one of the most sweeping efforts yet by Biden to limit oil and gas exploration on federal lands. It comes as he seeks to boost land conservation and fight climate change — and is campaigning for a second term on promises to do more of it.

April 12, 2024 

  1. Biden finalizes new rules that further curtail oil and gas drilling.  Under the new policy, drilling is limited in wildlife and cultural areas and oil and gas companies will pay higher bonding rates to cover the cost of plugging abandoned oil and gas wells, among other higher rates and costs.
  2. Federal government begins review of Clean Water Act permitting program.  The review, while somewhat under the radar, is significant because changes to the permitting process could create a much stricter regulatory regime for constructing pipelines — and potentially impact gas production sites as well.

April 15, 2024 

  1. The US Department of the Interior’s Bureau of Ocean Energy Management (BOEM) increased the financial assurances federal offshore oil and gas leaseholders must demonstrate in an effort to limit the number of abandoned wells in the Gulf of Mexico’s Outer Continental Shelf. 

April 18, 2024

  1. Secretary Deb Haaland signed Public Land Order 7940, closing down  more than 4,200 acres of Bureau of Land Management-managed public lands in the Placitas area. The lands will be closed to new mining claims, mineral sales, and oil and gas leases for the next 50 years. 
  2. The Department of the Interior announced a final rule to guide the management of America’s public lands. The Rule requires Bureau of Land Management (BLM) administrators to prioritize consideration of climate change and “Indigenous Knowledge” when engaged in decision making for public land usage.

April 19, 2024 

  1. Biden restricts new oil and gas leasing on 13 million acres of Alaskan land. The Biden administration took action on Friday to restrict new oil and gas drilling on more than 13 million acres of land in the western Arctic region. The U.S. Department of Interior announced the publication of a final rule on Friday, limiting future oil and gas leasing and industrial development in the Teshekpuk Lake, Utukok Uplands, Colville River, Kasegaluk Lagoon, and Peard Bay Special Areas.
  2. The Biden administration rejected the Ambler road project to put a 211-mile road through largely wild areas of the Brooks Range foothills in Alaska. The road would provide access to the Ambler Mining District in northwestern Alaska. The area currently lacks the transportation infrastructure necessary for the development, construction, and operations of potential mines in the district. The Ambler Mining District is a large prospective copper-zinc mineral source with extensive deposits of critical minerals and other elements. The administration cited “Indigenous Knowledge” as one of the reasons the application was denied. 

April 23, 2024

  1. The Biden administration finalized a new rule for public land management that will allow for conservation leases on government-owned properties, similar to leases for oil drilling, other types of extraction, grazing, etc.  The rule, which comes from the Interior Department’s Bureau of Land Management (BLM), will allow public property to be leased for conservation in the same way that oil companies lease land for drilling. The new rule also restricts oil and other extraction development by promoting the designation of more “areas of critical environmental concern,” which is a special status that is given to land the government stipulates has historic or cultural significance or that is important for wildlife conservation. This is a major change in policy and a departure from the “fair market value” laws applying to all other endeavors on public lands.
  2. The Biden administration appoints David Rosenkrance as the Assistant Director for the Energy, Minerals, and Realty Management Program. In this role, Rosenkrance has authority over BLM’s work on oil and gas, mining and minerals, and grants for rights-of-way associated energy development on public lands. The administration expects him to make decisions on “energy and minerals development while addressing climate change.” Rosenkrance has been given recognition for his work at BLM by the Public Lands Foundation, a non-governmental organization that advocates considering climate change impacts in BLM decision making

April 29, 2024

  1. The Biden administration took unilateral action, by-passing congress, to change the federal permitting process for select infrastructure and energy projects. Noticeably absent from the change was any relief to oil and gas applicants who have been stymied under unprecedented wait times during Biden’s tenure.

May 6, 2024

  1. Biden’s EPA promulgates even more red tape for oil and gas companies by piling on more requirements for their Greenhouse Gas Reporting Program. The program, already one of the most stringent in the world, will come at a high cost to energy producers and consumers, who are already benefiting from the cleanest air in modern American history.

May 8, 2024

  1. Secretary of Energy Jennifer Granholm unilaterally promulgates the establishment of the United States-Turkey energy and climate dialogue. One of the main goals of the program is to discourage investment in oil & gas projects through influencing international financial institutions to “combat” climate change. 

May 9, 2024 

  1. Led by Biden proxies, the G7 reached a first-ever consensus commitment to phase out existing coal power generation in energy systems during the first half of the 2030s. The U.S. has 485 years of coal supply from proved reserves and 912 years from technically recoverable coal at 2022 consumption rates. Mandating a global phaseout of affordable, reliable, coal puts even more pressure on America’s energy industries.

March 12, 2024

  1. The Biden-Harris Administration announces their national strategy to “decarbonize” America’s freight truck fleet. America’s freight fleet plays a key role in domestic oil and gas production. Not only in transporting final products to consumers, but in moving industrial machinery to refineries and extraction sites. By discouraging reliable freighters and redirecting investment into less capable alternatives the administration is threatening the future stability of America’s producers.