Publication Date
10-1-2024
Abstract
The Biden Administration committed the United States to achieving net-zero emissions by 2050. Without congressional action on the issue, the Administration’s reach was limited. However, nearly a quarter of all U.S. greenhouse gas (GHG) emissions derive from fossil fuels produced under federal permits. Thus, because the executive branch has significant discretion in the oil and gas permitting process, commentators have suggested that an administration could unilaterally limit U.S. GHG emissions by (1) requiring new federal oil and gas leases to be carbon neutral or (2) updating the lease and permit terms for existing federal leases to require carbon neutrality. However, oil and gas producers would almost certainly challenge these actions under both the Administrative Procedure Act and West Virginia v. EPA’s major questions doctrine. This Article explores how net-zero requirements for federal oil and gas leases would fare under these challenges and concludes that if an administration properly structures and defends these requirements, then courts would likely uphold them.
First Page
157
Recommended Citation
Adam Fisher, Net-Zero Requirements for Federal Oil & Gas Leases: A Durable Way for the Executive Branch to Curb Greenhouse Gas Emissions, 102 Denv. L. Rev. 157 (2024).