S.104 - Overturn Biden’s Offshore Energy Ban Act (119th Congress)
Summary
S.104, the "Overturn Biden's Offshore Energy Ban Act," aims to rescind Presidential memoranda that withdrew certain areas of the Outer Continental Shelf from oil and natural gas leasing. The bill specifically targets memoranda dated January 6, 2025, which relate to the Gulf of Mexico, Atlantic, Pacific, and Bering Sea areas. Introduced in the Senate by Mr. Cruz, the bill seeks to reinstate the possibility of oil and gas leasing in these areas.
This action would reverse the Biden administration's efforts to protect these areas from potential environmental damage associated with energy exploration and extraction. The bill reflects a congressional effort to prioritize energy production and potentially reduce reliance on foreign energy sources.
The bill's passage would require approval by both the Senate and the House of Representatives before being enacted into law.
Expected Effects
If enacted, this bill would nullify the Presidential memoranda that currently prohibit oil and natural gas leasing in specific areas of the Outer Continental Shelf. This would reopen these areas to potential energy exploration and development.
This could lead to increased domestic oil and gas production. It could also alter the environmental protections currently in place for these marine areas.
Potential Benefits
- Increased domestic energy production potentially leading to lower energy costs.
- Job creation in the oil and gas industry.
- Potential increase in government revenue through leasing and royalties.
- Reduced reliance on foreign energy sources, enhancing energy security.
- Stimulation of economic activity in regions dependent on the oil and gas industry.
Potential Disadvantages
- Increased risk of environmental damage from oil spills and habitat destruction.
- Potential negative impacts on marine ecosystems and biodiversity.
- Exacerbation of climate change due to increased fossil fuel production.
- Conflicts with coastal communities and industries that rely on healthy marine environments (e.g., fishing, tourism).
- Undermining of international efforts to transition to cleaner energy sources.
Constitutional Alignment
The bill's constitutional alignment is rooted in Congress's power to regulate interstate commerce (Article I, Section 8) and control federal lands. However, the President also has implied powers related to foreign policy and environmental protection, which could be argued in defense of the original memoranda.
The bill does not appear to infringe on any specific individual rights or liberties protected by the Constitution or its amendments. The core issue revolves around the balance of power between the legislative and executive branches in managing natural resources and energy policy.
Ultimately, the constitutionality of the bill would likely depend on judicial interpretation of the scope of congressional and presidential authority in this area.
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).