01-29-2025

Declaring a National Energy Emergency

Executive OrderView the Original .pdf
View the Original .pdf

The 1-Minute Brief

What: Executive Order 14156 declares a national emergency to expedite the development of domestic energy resources. It directs federal agencies to use all available emergency powers to fast-track the identification, leasing, production, transportation, and refining of energy sources like oil, natural gas, coal, and critical minerals, primarily by waiving or streamlining environmental regulations.

Money: The order does not appropriate new funds but directs agencies to use existing authorities and resources. It could lead to the reallocation of agency budgets and potentially invoke the Defense Production Act, which has financial implications. The full financial impact is undetermined as it depends on the specific projects expedited and the extent of emergency authorities used.

Your Impact: This could lead to lower energy prices in the long term due to increased domestic supply. However, it may also result in more energy infrastructure projects (pipelines, refineries, mines) being built in or near communities with reduced environmental review, potentially impacting local air and water quality.

Status: Issued as an Executive Order by the President on January 20, 2025, and is in effect.

What's Actually in the Bill

Executive Order 14156 aims to bolster U.S. energy independence by declaring a national emergency, which allows the executive branch to bypass normal regulatory processes. The order asserts that inadequate domestic energy supply and infrastructure pose an "unusual and extraordinary threat" to national security, the economy, and foreign policy.

Core Provisions:

  • Emergency Authorities: Directs all executive agencies to use any and all lawful emergency powers to speed up the approval and completion of energy projects, including on Federal lands. [Executive Order 14156, Sec. 2(a)]
  • Waiver of Regulations: Instructs agencies to use emergency provisions within the Clean Water Act and the Endangered Species Act to fast-track permits for energy infrastructure. [Executive Order 14156, Sec. 4, 5] This includes using expedited consultation processes for projects that might affect endangered species.
  • E15 Gasoline: Requires the Environmental Protection Agency (EPA) to consider issuing emergency waivers to allow the sale of E15 gasoline (15% ethanol) year-round to address potential fuel shortages. [Executive Order 14156, Sec. 2(b)]
  • Focus on West Coast and Northeast: Specifically directs agencies to facilitate the energy supply, refining, and transportation in and through the West Coast, the Northeast, and Alaska. [Executive Order 14156, Sec. 3(b)]
  • Endangered Species Committee: Mandates the Secretary of the Interior to convene the Endangered Species Act Committee at least quarterly to consider exemption applications for energy projects. [Executive Order 14156, Sec. 6]
  • Military Construction: Invokes authority under the National Emergencies Act to allow the use of military construction funds to address vulnerabilities in the nation's energy infrastructure. [Executive Order 14156, Sec. 7(b)]

Stated Purpose (from the Sponsors):

The order states its purpose is to address the "national emergency" caused by an inadequate energy supply, which leads to high energy prices and threatens national security. [Executive Order 14156, Sec. 1]

  1. Reduce high energy prices for Americans by increasing domestic supply.
  2. Strengthen national and economic security by reducing reliance on hostile foreign actors for energy.
  3. Expand and secure the nation's energy infrastructure, particularly in the Northeast and on the West Coast.
  4. Create jobs and economic prosperity by developing unrealized domestic energy resources.
  5. Bolster U.S. foreign policy by enabling the sale of affordable, reliable energy to allies.

Key Facts:

Affected Sectors: Energy, Power Generation, Mining, Transportation (Pipelines, Shipping), Construction, Agriculture.
Timeline: The order took effect on January 20, 2025. Agencies are required to identify projects and report on their progress within 30 to 60 days. The national emergency declaration terminates automatically after one year unless renewed by the President.
Scope: Nationwide, with a specific focus on federal lands and the Northeast, West Coast, and Alaska regions.

The Backstory: How We Got Here

Timeline of Events:

The Tug-of-War Over U.S. Energy Policy (2010s-Present):

For over a decade, U.S. energy policy has been a subject of intense partisan debate. The Obama administration focused on promoting renewable energy and implementing stricter environmental regulations. The Trump administration prioritized "energy dominance," seeking to maximize the production of oil, natural gas, and coal by rolling back many of those regulations. The Biden administration reversed this course, rejoining the Paris Agreement on climate change and setting ambitious goals for a transition to a clean energy economy. This back-and-forth has created uncertainty in the energy sector and highlighted the deep ideological divide on the roles of fossil fuels and environmental protection. This executive order represents a sharp pivot back towards a policy of fossil fuel maximization.

Why Now? The Political Calculus:

  • High Energy Prices: The order explicitly cites "high energy prices that devastate Americans" as a primary justification. This suggests a political calculation that voters are more concerned with immediate costs of living than with the long-term environmental impacts of fossil fuels.
  • National Security Concerns: The order frames energy policy as a critical component of national security, referencing the "weaponized" reliance on foreign energy by "hostile foreign actors." [Executive Order 14156, Sec. 1] This taps into long-standing public concerns about energy independence.
  • Bypassing Congress: Issuing an executive order under a national emergency declaration is a way to enact significant policy changes without needing to pass legislation through a potentially divided or slow-moving Congress. This move allows the administration to act swiftly on its priorities.

Your Real-World Impact

The Direct Answer: This directly affects specific groups, namely communities near new energy projects and industries involved in energy production, but the broader goal is to impact all Americans by attempting to lower energy costs.

What Could Change for You:

Potential Benefits:

  • Lower Fuel and Utility Costs: If the order succeeds in significantly increasing the domestic energy supply, it could lead to lower prices at the gas pump and for home heating and electricity.
  • Job Creation: The construction and operation of new pipelines, refineries, and mines could create jobs in the energy and construction sectors.
  • Increased E15 Availability: Consumers may see wider availability of E15 gasoline, which is often cheaper than other gasoline blends.

Possible Disruptions or Costs:

Short-term (1-2 years):

  • Local Environmental Impacts: Fast-tracking projects could lead to increased construction, noise, and traffic in affected communities. The waiver of environmental reviews raises the risk of impacts on local water and air quality.
  • Legal and Political Battles: The order is likely to face numerous lawsuits from environmental groups and potentially states, creating uncertainty around the approved projects.

Long-term:

  • Climate Change: A significant increase in fossil fuel production and use would run counter to efforts to reduce greenhouse gas emissions and combat climate change.
  • Infrastructure Lock-in: Building more long-lasting fossil fuel infrastructure could make a future transition to renewable energy more difficult and costly.

Who's Most Affected:

Primary Groups:

  • Rural communities and landowners where new pipelines, mines, or drilling may occur.
  • Workers in the fossil fuel and construction industries.
  • Indigenous communities, whose lands and resources may be impacted by expedited projects.

Secondary Groups:

  • The renewable energy sector, which may face increased competition from fossil fuels.
  • Communities near refineries and power plants, who could experience changes in air quality.

Regional Impact: The order specifically targets the Northeast, West Coast, and Alaska for infrastructure development. These regions, along with areas rich in oil, gas, and coal like Texas, Pennsylvania, and the Mountain West, will be most affected.

Bottom Line: You may see lower energy prices, but this could come at the cost of accelerated environmental changes and potential health impacts in communities near new energy development.

Where the Parties Stand

Republican Position: "Unleash American Energy Dominance"

Core Stance: The Republican party generally supports maximizing domestic production of all energy sources, particularly oil, natural gas, and coal, to lower costs and ensure energy independence.

Their Arguments:

  • ✓ Prioritizes economic growth and lower energy costs for consumers and businesses.
  • ✓ Believes that burdensome regulations and environmental reviews stifle energy production and innovation.
  • ✓ Argues that American energy independence is crucial for national security.
  • ✗ Opposes what they often term "socialist" green policies and subsidies for renewable energy that they argue are unreliable.

Legislative Strategy: Generally seeks to repeal regulations on the fossil fuel industry, streamline the permitting process for energy infrastructure, and promote an "all-of-the-above" energy strategy that heavily favors fossil fuels.

Democratic Position: "A Just Transition to a Clean Energy Future"

Core Stance: The Democratic party generally supports a transition away from fossil fuels to renewable energy sources to combat climate change and promote environmental justice.

Their Arguments:

  • ✓ Emphasizes that climate change is an existential threat requiring urgent action.
  • ✓ Supports investments in clean energy technologies like wind and solar to create jobs and reduce pollution.
  • ✓ Advocates for protecting air and water quality through robust environmental regulations.
  • ✗ Opposes the expansion of fossil fuel infrastructure and subsidies for the oil and gas industry.

Legislative Strategy: Typically focuses on passing legislation to invest in renewable energy, strengthen environmental protections like the Clean Air and Clean Water Acts, and set national goals for reducing greenhouse gas emissions.

Constitutional Check

The Verdict: ⚠️ Questionable

Basis of Authority:

The executive order is based on the National Emergencies Act (NEA) of 1976. [Executive Order 14156, Sec. 1] This Act grants the President the authority to declare a national emergency, which in turn unlocks over 100 special statutory powers delegated by Congress. The President's authority must stem from an act of Congress or the Constitution itself; there is no general, inherent emergency power.

The National Emergencies Act (50 U.S.C. 1601 et seq.): "[An Act] to terminate certain authorities with respect to national emergencies still in effect, and to provide for orderly implementation and termination of future national emergencies."

Constitutional Implications:

Separation of Powers: The central constitutional question is whether the President is using the NEA to usurp the legislative power of Congress. Critics argue that declaring an emergency to bypass Congress on a policy matter it has refused to fund or authorize (in this case, by prioritizing fossil fuels over clean energy policies enacted by prior Congresses) undermines the separation of powers.
Precedent: Courts have historically been highly deferential to the President's declaration of a national emergency, often treating it as a "political question" not subject to judicial review. However, legal challenges can be mounted against the specific actions taken under the emergency declaration, arguing that they exceed the statutory authority granted by Congress.
Federalism: The order directs federal agencies to expedite projects, which can create friction with states, particularly those with stricter environmental laws and policies, such as on the West Coast. This raises questions about the balance of power between the federal government and the states.

Potential Legal Challenges:

The order is highly likely to face legal challenges from environmental organizations, states, and affected communities. Lawsuits would likely argue:

  1. The declaration of an "energy emergency" is a pretext to achieve policy goals and does not constitute a true emergency under the NEA.
  2. The actions taken, such as waiving provisions of the Clean Water Act and Endangered Species Act, exceed the authority granted by those statutes, even under their emergency provisions.
  3. The executive branch is acting arbitrarily and capriciously by fast-tracking projects without adequate environmental and public review.

Your Action Options

TO SUPPORT THIS BILL

5-Minute Actions:

  • Call Your Rep/Senators: Capitol Switchboard: (202) 224-3121 "I'm a constituent from [Your City/Town] and I urge you to support Executive Order 14156 and the administration's efforts to lower energy costs by increasing domestic production."

30-Minute Deep Dive:

  • Write a Detailed Email: Contact your elected officials and members of the Senate Committee on Energy and Natural Resources and the House Committee on Energy and Commerce to express your support for the policy.
  • Join an Organization:
    • United States Energy Association (USEA): A nonpartisan forum for the energy industry that convenes stakeholders to advance the energy sector.
    • Business Council for Sustainable Energy (BCSE): Advocates for a diverse portfolio of energy options, including natural gas.

TO OPPOSE THIS BILL

5-Minute Actions:

  • Call Your Rep/Senators: [Capitol Switchboard: (202) 224-3121] "I'm a constituent from [Your City/Town] and I urge you to oppose Executive Order 14156. This is an abuse of emergency powers that will harm our environment and communities."

30-Minute Deep Dive:

  • Write a Letter to the Editor: Submit a letter to your local newspaper explaining how bypassing environmental laws will harm your community and the climate.
  • Join an Organization:
    • Sierra Club: A grassroots environmental organization that works to protect wild places and promote clean energy.
    • Natural Resources Defense Council (NRDC): Uses law and science to protect the environment and public health.
    • Center for Biological Diversity: Works to protect endangered species and wild places.
    • Earthjustice: A nonprofit public interest environmental law organization.
    • Friends of the Earth: An advocacy group that defends the environment and champions a just and healthy world.