The first solution involves lifting restrictions and reinstating canceled sales and valid leases on federal lands and waters. The API called for the U.S. Department of the Interior to issue a 5-year program for the Outer Continental Shelf and hold mandated quarterly onshore lease sales with equitable terms.
The second suggests the administration designate critical energy infrastructure projects to support the production, processing and delivery of energy. The third urges Congress to fix the National Environmental Policy Act process by establishing agency uniformity in reviews, among other reforms.
The fourth is to accelerate exports and approve pending liquified natural gas (LNG) applications. Congress should amend the Natural Gas Act, the API argues, to streamline the Department of Energy’s approval process for all U.S. LNG projects. This is something U.S. Sen. Ted Cruz, R-Texas, has advocated for that’s helped expand LNG projects in Texas.
The fifth is to expand access to capital and mandate the Securities and Exchange Commission to drop its “overly burdensome and ineffective climate disclosure proposal,” which is hampering investment in oil and natural gas production. Currently, access to capital is based on “artificial constraints based on government-preferred investment allocations” rather than on individual company merit, API argues.
The Western Energy Alliance and U.S. Oil and Gas Association called on the SEC last month to rescind its climate change disclosure rule after the Supreme Court ruled against the EPA in a landmark case. It ruled the EPA doesn’t have the authority to regulate greenhouse gases from power plants, therefore, they argue, the SEC doesn’t have the authority to regulate greenhouse gases related to financial disclosures.
The high court ruled “an agency cannot conjure up regulatory authority without a basis in law. It’s really that simple,” Kathleen Sgamma, president of the Alliance, said. “The SEC is not an environmental regulatory agency. It cannot be a driver of climate change policy to force a societal transition away from oil and natural gas. It cannot impose a rule that requires companies to reduce their GHG emissions.”
The sixth solution is to dismantle supply chain bottlenecks by rescinding steel tariffs, which will reduce the price of steel, a critical component of energy production, transportation and refining. The seventh is to lower carbon energy tax provisions. Congress should expand and extend Section 45Q tax credits for carbon capture, utilization, and storage development and create a new tax credit for hydrogen produced from all sources, the API says. Instead, Congress passed massive taxes on the industry, which Cruz warned will only drive up energy costs.
The eighth ensures that future federal agency rulemakings will enable U.S. refineries to use the existing critical process technologies to produce the fuels needed for global energy markets. The ninth proposes ending the Federal Energy Regulatory Commission from obstructing permitting for natural gas projects. The commission has overstepped its permitting authority, API argues, under the Natural Gas Act.
Richard Welch, a board member of the Houston-based Oil & Gas Workers Association, told The Center Square, that reducing regulations is imperative “for growth and speed of process. Over-regulating causes unnecessary funds that could be used for production equipment to be delegated elsewhere.
“ESG ratings coupled with over-regulating makes acquiring funding for projects unfavorable to potential investors,” he adds. While Florida Gov. Ron DeSantis has proposed fighting “woke” ESG ideology, the reality is that “the banking system already discriminates against the oil and natural gas industry,” he says. It imposes “higher than average, government approved, loan rates of up to an additional 2.5 interest points above other companies not in the industry.”
U.S. Sen. Joe Manchin, D-W.Va., who cosponsored the bill, argues it imposes “tax fairness,” including imposing spending more money on “technologies needed for all fuel types – from hydrogen, nuclear, renewables, fossil fuels and energy storage – to be produced and used in the cleanest way possible.” The technologies will help reduce domestic methane and carbon emissions and “decarbonize around the world as we displace dirtier products,” he says.
The tenth solution prioritizes domestic energy production and expanding a domestic oil and natural gas workforce through federally funded training and education in the industry. Instead, the bill includes Green New Deal tax credits of $257 billion and solar company loan guarantees of $250 billion.