H.R.408 - To nullify the Presidential memoranda on the withdrawal of certain areas of the outer Continental Shelf from oil or natural gas leasing. (119th Congress)
Summary
H.R. 408 aims to nullify Presidential memoranda that withdrew certain areas of the Outer Continental Shelf from oil and natural gas leasing. The bill targets memoranda issued on January 6, 2025, which restricted leasing in the Gulf of Mexico, Atlantic, Pacific, and Northern Bering Sea Climate Resilience Area. The bill seeks to reverse these withdrawals, potentially opening these areas to energy exploration and development.
The bill was introduced in the House of Representatives on January 15, 2025, and referred to the Committee on Natural Resources. If enacted, the bill would effectively override the President's executive action on this matter.
This action reflects a congressional effort to assert its authority over energy policy and challenge executive power regarding resource management on federal lands and waters.
Expected Effects
If H.R. 408 is enacted, the Presidential memoranda restricting oil and gas leasing on the Outer Continental Shelf would be nullified. This would likely lead to increased opportunities for energy companies to lease and develop resources in the affected areas.
The practical effect would be to reverse the protections put in place by the executive branch for these specific marine environments. This could lead to increased energy production but also increased environmental risk.
Ultimately, the bill's passage would shift control over these areas from the executive to the legislative branch, impacting energy policy and environmental conservation efforts.
Potential Benefits
- Increased domestic energy production, potentially reducing reliance on foreign sources.
- Job creation in the energy sector related to exploration, extraction, and transportation of oil and natural gas.
- Potential increase in government revenue through lease sales and royalties.
- Could lead to lower energy prices for consumers due to increased supply.
- May stimulate economic activity in regions dependent on the energy industry.
Potential Disadvantages
- Increased risk of environmental damage from oil spills and habitat destruction.
- Potential negative impacts on marine ecosystems and biodiversity.
- Contradicts efforts to transition to renewable energy sources and combat climate change.
- May face legal challenges based on environmental protection laws.
- Could negatively impact tourism and fishing industries in affected coastal areas.
Constitutional Alignment
The bill's attempt to nullify Presidential memoranda raises questions regarding the separation of powers between the executive and legislative branches, as defined in Article I of the Constitution, which vests legislative powers in Congress. The President's authority to issue memoranda is generally derived from their executive power, but Congress can legislate to limit or define that power.
Whether the Presidential memoranda were a valid exercise of executive authority, or an overreach into areas under Congressional control, is a key constitutional question. The bill represents Congress's attempt to reassert its authority over energy policy and resource management.
Ultimately, the constitutionality of H.R. 408 and the Presidential memoranda would likely be determined by the courts, based on the specific legal arguments presented and the scope of executive power.
Impact Assessment: Things You Care About ⓘ
This action has been evaluated across 19 key areas that matter to you. Scores range from 1 (highly disadvantageous) to 5 (highly beneficial).