02-20-2025

Establishing the National Energy Dominance Council

Executive OrderView the Original .pdf
View the Original .pdf

The 1-Minute Brief

What: Executive Order 14213 establishes the National Energy Dominance Council within the Executive Office of the President. This council is tasked with advising the President on strategies to expand all forms of domestic energy production, streamline regulations, and reduce reliance on foreign imports.

Money: The order does not appropriate new funds. It states that its implementation is "subject to the availability of appropriations" and is not intended to interfere with the Office of Management and Budget's functions, suggesting it will be managed within existing agency budgets.

Your Impact: The order could lead to lower energy prices and increased jobs in the energy sector by accelerating the approval of projects like pipelines and power plants. It may also result in increased environmental pollution in communities near new energy infrastructure.

Status: Published in the Federal Register on February 20, 2025.

What's Actually in the Bill

Executive Order 14213 creates a new federal body, the National Energy Dominance Council, to coordinate a government-wide effort to maximize the production and export of American energy resources. The council's core mission is to develop and recommend a "National Energy Dominance Strategy" focused on cutting regulations and promoting private sector investment in the energy industry.

Core Provisions:

  • Establishes the Council: Creates the National Energy Dominance Council within the Executive Office of the President.
  • Council Leadership: The Secretary of the Interior is designated as Chair, and the Secretary of Energy as Vice Chair. Membership includes a wide range of cabinet secretaries and senior White House advisors.
  • Strategic Mandate: The council must advise the President on improving permitting for energy infrastructure, increasing production, and removing regulatory barriers.
  • Policy Development: Within 100 days of the order, the council is required to submit a plan to the President with recommendations on raising national awareness, using existing agency authorities to boost energy production, identifying critical energy markets, and ending practices that increase energy costs.
  • Specific Goals: The order explicitly mentions facilitating natural gas pipelines in New England and California, reopening closed power plants, and deploying Small Modular Nuclear Reactors.
  • Consultation: The council is directed to consult with state, local, and Tribal governments, as well as private sector individuals, to get feedback on expanding energy production.

Stated Purpose (from the Sponsors):

The stated policy of the executive order is to make the United States "energy dominant."

  1. To expand the production of all forms of reliable and affordable energy to lower inflation, grow the economy, and create jobs.
  2. To reduce dependency on foreign imports and use energy as a commercial and diplomatic tool.
  3. To streamline regulations, cut red tape, and enhance private sector investment in the energy-producing economy.

Key Facts:

Affected Sectors: Energy (Oil & Gas, Coal, Nuclear, Biofuels, Geothermal, Hydropower), Manufacturing, Transportation, and Critical Minerals.
Timeline: The council must provide an initial plan to the President within 100 days of the order, which was issued on February 14, 2025.
Scope: The order has a national scope, with specific mention of infrastructure projects in New England, California, and Alaska. Its policies will affect all federal lands and waters available for energy leasing.

The Backstory: How We Got Here

Timeline of Events:

The Era of "Energy Independence" (1970s-2000s):

Following the 1973 Arab Oil Embargo, U.S. energy policy, beginning with President Nixon's "Project Independence," focused for decades on achieving energy self-sufficiency to insulate the nation from global supply shocks. This era was characterized by a persistent reliance on imported oil, despite efforts to boost domestic production and explore alternatives.

The Shale Revolution (Mid-2000s-Present):

Technological breakthroughs in hydraulic fracturing ("fracking") and horizontal drilling unlocked vast reserves of domestic oil and natural gas. This "shale revolution" dramatically increased U.S. production, with natural gas output climbing 50% from 2005 to 2015 and oil production doubling between 2009 and 2019. This surge laid the groundwork for a major policy shift.

The Shift to "Energy Dominance" (2017-Present):

The first Trump administration pivoted from the goal of "independence" to "energy dominance," viewing the nation's energy surplus as a tool for geopolitical influence and economic strength. This policy involved rolling back environmental regulations, withdrawing from the Paris Climate Agreement, and approving major pipeline projects. By 2019, the U.S. became a net energy exporter for the first time in nearly 70 years.

Why Now? The Political Calculus:

  • Economic Pressures: Proponents argue that maximizing energy production is a key tool to combat inflation, lower consumer costs, and spur economic growth.
  • Geopolitical Instability: The order frames energy exports as a way to "restore peace through strength" by providing stable energy supplies to allies and reducing the leverage of adversarial nations.
  • Regulatory Rollback: The establishment of the council signals a clear intent to accelerate the deregulation of the energy sector, a core objective of the administration. It centralizes the effort to identify and eliminate regulations deemed burdensome to the industry.

Your Real-World Impact

The Direct Answer: This directly affects Americans living in communities with current or potential energy projects and indirectly affects all consumers through its impact on energy prices and the broader economy.

What Could Change for You:

Potential Benefits:

  • Lower Energy Costs: An increase in the supply of oil, natural gas, and electricity could lead to lower gasoline prices and utility bills.
  • Job Creation: Accelerated development of energy infrastructure—from pipelines to power plants—could create thousands of construction and operations jobs.
  • Economic Growth: Supporters argue that lower energy costs for industries and increased exports will boost the overall economy.

Possible Disruptions or Costs:

Short-term (1-3 years):

  • Construction Disruption: New pipeline or power plant construction could cause local disruptions to land and traffic.
  • Faster Permitting: Streamlined environmental reviews could lead to projects being approved with less public input or environmental assessment.

Long-term:

  • Environmental Impact: Increased fossil fuel extraction and use could lead to higher levels of air and water pollution, particularly in communities near production sites, refineries, and export terminals.
  • Climate Change: A focus on maximizing fossil fuel production runs counter to goals aimed at reducing greenhouse gas emissions to combat climate change.
  • Land Use Conflicts: Expanded drilling and mining on federal lands could impact conservation, recreation, and the interests of Indigenous communities.

Who's Most Affected:

Primary Groups: Energy industry workers, residents of communities in energy-producing regions (e.g., the Gulf Coast, Appalachia, Alaska), and landowners along proposed pipeline routes.
Secondary Groups: All energy consumers, manufacturing industries that rely on low energy costs, and investors in both fossil fuel and renewable energy companies.
Regional Impact: The order specifically targets regions like New England, California, and Alaska for new infrastructure, but its impact will be felt nationwide, particularly in states with significant federal lands or fossil fuel resources.

Bottom Line: This executive order aims to lower your energy bills and strengthen the economy by maximizing domestic energy production, but it may come at the cost of environmental protections and could intensify climate change.

Where the Parties Stand

Republican Position: "Unleash American Energy"

Core Stance: Strong support for the executive order, viewing it as essential for economic prosperity and national security.

Their Arguments:

  • ✓ The policy will lower energy costs for families and businesses, create high-paying jobs, and reduce inflation.
  • ✓ Achieving "energy dominance" strengthens America's position on the global stage and reduces the power of hostile nations.
  • ✓ Cutting bureaucratic red tape and "unnecessary" regulations is critical to unlocking private sector investment and innovation.

Legislative Strategy: To defend the executive order from legal and political challenges, pass legislation that codifies its principles into law, and use congressional oversight to ensure federal agencies are complying with the directive to speed up permitting.

Democratic Position: "A Reckless Giveaway to Polluters"

Core Stance: Strong opposition, viewing the order as a threat to climate progress and environmental justice.

Their Arguments:

  • ✓ The focus on fossil fuels will worsen the climate crisis and harm the transition to a clean energy economy.
  • ⚠️ The order prioritizes corporate profits over the health and safety of communities, particularly low-income and minority populations living near proposed projects.
  • ✗ Rolling back environmental reviews and regulations undermines critical protections for air, water, and wildlife.

Legislative Strategy: To conduct aggressive congressional oversight of the new council, introduce legislation to block or defund its initiatives, and use legal challenges to stop projects approved under the order's streamlined processes.

Constitutional Check

The Verdict: ✓ Constitutional

Basis of Authority:

The order is based on the President's executive authority as vested by Article II of the Constitution, which grants the President the power to oversee the executive branch and direct federal agencies. The order itself cites the authority vested in the President "by the Constitution and the laws of the United States of America."

Relevant Portion of the Constitution (Article II, Section 1): "The executive Power shall be vested in a President of the United States of America."

Constitutional Implications:

[Executive Power]: The order is a valid exercise of the President's authority to set policy for and coordinate the actions of executive departments and agencies, such as the Department of the Interior and the Environmental Protection Agency.
[Precedent]: Presidents have long used executive orders to establish councils and direct federal policy on energy and the environment. This order follows that precedent.
[Federalism]: The order primarily directs federal agencies. While it aims to influence state-level decisions (e.g., pipeline construction in California), it does not directly commandeer state governments and respects the legal distinction between federal and state powers. It explicitly calls for consultation with state, local, and Tribal governments.

Potential Legal Challenges:

The executive order itself is unlikely to be successfully challenged in court because it largely sets internal policy and directs agencies to act within their existing legal authorities. However, specific actions taken as a result of the order—such as the fast-tracked approval of a specific pipeline or the rollback of a particular environmental regulation—will almost certainly face legal challenges from environmental groups, states, and affected communities. These lawsuits would likely argue that the agency in question violated specific environmental laws, like the National Environmental Policy Act (NEPA) or the Clean Air Act, by failing to conduct a proper review.

Your Action Options

TO SUPPORT THIS BILL

5-Minute Actions:

  • Contact the White House: Use the White House comment line or website to express your support for Executive Order 14213 and the policy of energy dominance.
  • Call Your Rep/Senators: Capitol Switchboard: (202) 224-3121. "I'm a constituent from [Your City/Town] and I support the President's National Energy Dominance Council. I urge [Rep./Sen. Name] to support legislation that cuts red tape for American energy production."

30-Minute Deep Dive:

  • Write a Detailed Email: Send a personalized message to the members of the House Energy and Commerce Committee and the Senate Energy and Natural Resources Committee, explaining why you support this policy.
  • Join an Organization: Join and support groups that advocate for domestic energy production.
    • American Petroleum Institute (API): Represents the oil and natural gas industry.
    • American Carbon Alliance: Promotes energy infrastructure and development.

TO OPPOSE THIS BILL

5-Minute Actions:

  • Contact the White House: Use the White House comment line or website to express your opposition to Executive Order 14213 and its focus on fossil fuels.
  • Call Your Rep/Senators: Capitol Switchboard: (202) 224-3121. "I'm a constituent from [Your City/Town] and I am concerned about the environmental impact of Executive Order 14213. I urge [Rep./Sen. Name] to exercise strong oversight of the National Energy Dominance Council."

30-Minute Deep Dive:

  • Write a Letter to the Editor: Submit a letter to your local newspaper outlining your concerns about the climate and environmental justice impacts of prioritizing fossil fuels.
  • Join an Organization: Join and support groups that advocate for clean energy and environmental protection.
    • Sierra Club: Fights against the expansion of fossil fuel infrastructure.
    • Earthjustice: Uses litigation to protect communities from pollution and fight climate change.
    • People vs. Fossil Fuels: A coalition of groups calling for an end to new fossil fuel projects.