Federal Energy Policy: An Assault on Our Democracy

Abstract

Federal energy policy being driven by presidential executive order (EO), not legislation, defies reason and logic. As such, it represents an assault on science, the environment, and our democracy. While this statement might appear provocative, it is agnostic to what might be considered right or wrong and is apolitical, independent of political persuasion. Making an end‐run around Congress and regulatory due process for making or rescinding regulations that guide many aspects of private‐sector activities ties policy decisions up in the courts. The lengthy court battles that ensue from circumventing foundational democratic principles by issuing EOs that do not have the force of law creates confusion and uncertainty in markets. It also ignores the rationale that necessitated the law and subsequent regulations being challenged in the first place. To date, attempts by the administration to circumvent existing laws and regulations have been overturned by the courts, and rightly so. Facts and democratic principles matter.