The Oil- and Gas-Lease Ban is a Big Deal

Joe Biden's opening salvo of executive orders included a lot of headline grabbers, what with the termination of Keystone XL and the triumphant return of the Paris climate agreement. Less commented upon, however, was his order putting a temporary (for now) moratorium on oil and gas leases on federal land.

But this is a bigger deal that you might think -- 22 percent of American oil production and 12 percent of natural gas extraction occurs on federal land. Those numbers go up precipitously when you look at some of our western states -- according to the American Petroleum Institute, federal land production accounts for well over 92 percent of Wyoming's production, half of New Mexico’s, 42 percent of Colorado's, and 63 percent of Utah's.

As those numbers make clear, a move against these leases will cause profound disruption in the natural resource industry. It will also have serious governmental repercussions. As Shawn Regan explains in a recent article entitled The Cost of Not Drilling:  “revenues from energy development on federal land and in offshore waters are a major source of federal income, second only to tax revenue.”

Moreover, the revenue they generate is split between the federal government and the states, and it is in the latter where their loss will really be felt. Oil and gas revenue account for a full 20 percent of New Mexico’s budget, and much of the $150 million Wyoming receives in revenue from these leases annually are earmarked for K-12 education. A recent study by the University of Wyoming estimated that an extended lease moratorium could cost the states $1.6 billion per year on average.

It's worth noting that the initial lease freeze covered Native American tribal lands, but after some strenuous pushback -- the American Petroleum Institute quotes a letter from Utah’s Ute Indian tribe as saying “Your order is a direct attack on our economy, sovereignty, and our right to self-determination” -- an exemption was granted. This included the direction that “the Secretary of the Interior shall engage with Tribal authorities regarding the development and management of renewable and conventional energy resources on Tribal lands.”

To this the Wall Street Journal’s editorial board quips “States also have sovereign rights under the Constitution. Why isn’t the Administration engaging with them?”

Joe Biden's Climate Nirvana -- and Ours

Since Washington was locked down on inauguration day, President Joe Biden was free to spend his first day in office signing stacks of Executive Orders rather than attending the more traditional inaugural parades and balls. The object of these orders was, of course, to undo as much as possible everything the outgoing president, Donald Trump, had accomplished over the past four years.

Executive actions on climate and energy unsurprisingly dominated the first day’s to-do list. Since getting the U.S. out of the Paris climate treaty was Trump’s most consequential deregulatory action, it was fitting that Biden’s first signature was on a letter notifying the U.N. that America would be rejoining it.

Next, he signed a lengthy executive order that, among much else, canceled the permit for the mostly-completed Keystone XL pipeline, which would transport oil from Alberta’s oil sands to Gulf Coast refineries. Canceling Keystone immediately threw up to 11,000 well-paid construction workers out of their jobs. The trades union leaders who had endorsed Biden expressed their outrage, but the fact is that most of their members voted for Trump.

You got what you voted for, America.

Biden also ordered all government departments “to immediately commence work to confront the climate crisis,” and directed that all deregulatory actions on fossil fuel energy use and production taken by the Trump administration be reviewed with an eye to suspending and rescinding them.

The order re-instated the application of the “social cost of carbon” (an entirely speculative and largely fanciful cost estimate of the impact of adding one ton of carbon dioxide to the atmosphere) in regulatory decision-making and abolished Trump reforms aimed at speeding up the environmental permitting processes that are routinely used to delay politically incorrect energy and natural resources projects to death. For example, major hardrock mining projects that take two to four years to permit in Canada or Australia routinely take over ten years in the U.S.

On January 27 the White House held a "Climate Day," which included a major speech by the new president. It began, "Today is 'Climate Day' at the White House and—which means that today is 'Jobs Day' at the White House." The speech focused on two selling points aimed at two uneasy partners in the Democratic Party coalition—trades unions and the Woke left.

It turns out that addressing the climate crisis requires creating “millions of good-paying union jobs” in building the new green infrastructure. One imagines that these jobs will be much better than those created by the free market because they will be guaranteed and subsidized by government.

At a press conference after Biden’s speech, John Kerry, special presidential envoy for climate, was asked about people losing their jobs in fossil fuel industries as a result of the administration’s agenda. Kerry’s reply was predictably tone deaf:

What President Biden wants to do is make sure those folks have better choices, that they have alternatives, that they can be the people to go to work to make the solar panels.

Implied, but unacknowledged, was the fact that they first have to lose their jobs in order to access these "better choices."

Hitting Kerry in a bad place.

For the woke left, Biden offered something called "environmental justice." While it’s not clear exactly what the term means, the intended audience is a broad one:

With this executive order, environmental justice will be at the center of all we do addressing the disproportionate health and environmental and economic impacts on communities of color—so-called “fenceline communities”—especially those communities — brown, black, Native American, poor whites.

Several specific decisions were also announced during Climate Day, including a moratorium on new oil and gas leasing on federal lands and offshore areas (which account for nearly one-quarter of U.S. oil production).

In addition to these announcements, there was much speculation in the media about other planned actions. Most notably, the New York Times reported that the Federal Emergency Management Administration (FEMA) was planning to take three to ten billion dollars out of their reserves meant for dealing with disasters such as  hurricanes and spend it on preparing for the impacts of "climate change." Possible projects include constructing sea walls to safeguard against rising sea levels (the current rate is between 7 and 14 inches per century).

But most importantly, Biden made it clear that the entire executive branch is going to be organized around addressing climate: "It’s a whole-of-government approach to put climate change at the center of our domestic, national security, and foreign policy." His executive order officially declares a "climate crisis." A climate office or program is being installed in every federal department and agency.

Or maybe it can.

All this activity requires a lot of new high-level staffing at the White House as well. In addition to Kerry, Gina McCarthy, former administrator of the Environmental Protection Agency under Obama and then president of a major environmental pressure group (the Natural Resources Defense Council, which had $173 million in income in 2018), has been named National Climate Advisor, with the same rank as the National Security Advisor.

McCarthy will be head of the White House Climate Policy Office and also oversee a National Climate Task Force. When Biden introduced McCarthy near the beginning of his Climate Day speech, he off-handedly let the cat out of the bag, saying “And Gina—you run everything, Gina."

The next step may be to declare a National Climate Emergency and invoke a wide range of special emergency authorities given to the president by Congress. This would allow the president to commandeer large parts of the economy not currently under government control.

It’s going to be a long, long way to climate nirvana, but we can next look forward to an undoubtedly scintillating international Climate Leaders’ Summit hosted by the United States. The White House has scheduled the summit for Earth Day, April 22, which appropriately would be the 151st birthday of Vladimir Lenin, the patron saint of national economic overhauls. No word, yet, on whether that's intentional.

Biden to Execute Keystone Pipeline via E.O.

The Biden campaign's strategy was to hide their candidate in the basement while letting a fawning press make the case for him as president. This case was short on substance and long on impression, particularly the impression that the former V.P. is a moderate, working-class guy and a statesman who would restore America's reputation in the world and restrain the Bernie Sanders/Elizabeth Warren/AOC wing of the party.

Well, with the election over Biden's priorities are starting to become clear. They are anything but moderate and, insofar as they unnecessarily antagonizing one of our closest allies, neither are they statesmanlike.

This past weekend a memo written by incoming chief of staff Ron Klain was released which outlines the executive orders Biden plans to implement immediately upon taking over the White House. Highlights on this list -- which the Associated Press calls "a 10-day blitz of executive actions... to redirect the country in the wake of Donald Trump’s presidency without waiting for Congress" -- include immigration reform; a national face mask mandate (mandating that they be worn on all federal property and "during interstate travel," whatever that means in practice); and an extension of the moratorium on evictions and foreclosures and the "pause" on student loan payments.

Among the memo's most consequential items is the bullet point which reads "Roll back Trump enviro actions via EO (including rescind Keystone XL pipeline permit)." That is, on his first day in office tomorrow Biden plans to employ the "pen and phone" tactic to kill a multimillion dollar international project that employs tens of thousands of people (in two countries!) in the midst of a pandemic-created recession. This is madness.

Canada vs. the Democrats.

Meanwhile, in Canada, the Trudeau government are scrambling to make the case that this move is unnecessary from an environmentalist perspective. Canada’s ambassador to the U.S., Kiersten Hillman, released a statement on Sunday saying "The government of Canada continues to support the Keystone XL project and the benefits that it will bring to both Canada and the United States.” She went on to stress that the Keystone project was more environmentally friendly than the one the Obama administration rejected in 2015:

Not only has the project itself changed significantly since it was first proposed, but Canada’s oilsands production has also changed significantly. Per-barrel oilsands (greenhouse gas) emissions have dropped 31 per cent since 2000, and innovation will continue to drive progress... Keystone XL fits within Canada’s climate plan at a time when our economic recovery is a top priority... there is no better partner for the U.S. on climate action than Canada as we work together for green transition.

Alberta Premier Jason Kenney took a slightly more aggressive tone, saying: "Should the incoming U.S. administration abrogate the Keystone XL permit, Alberta will work with [pipeline owners] TC Energy to use all legal avenues available to protect its interest in the project."

These appeals are unlikely to sway Team Biden, who are riding a wave of anti-Republican sentiment in the wake of the recent disturbance at the Capitol. They believe they have a window of opportunity to make some big, cost-free moves which will garner them goodwill with activists but will be forgotten by voters still focused on the Trump show.

This could well be a miscalculation on their part. The issues which gave rise to Trump in 2016 won't go away when he does. And the most important of those, the alienation of America's working class since the end of the Cold War, will be aggravated by virtue signaling environmentalist moves like the cancelation of Keystone.