Transparency is critical, but H.R. 5636 suffers from numerous infirmities, disregards basic administrative law and likely unconstitutional.

WASHINGTON DC (January 27, 2020) – The Institute for Energy Research (IER) announced today that Kenny Stein, Director of Policy, will testify tomorrow before the U.S. House of Representatives Natural Resources Subcommittee on Energy and Mineral Resources at a hearing, led by Rep. Alan Lowethal (D-CA), to discuss his legislation, H.R. 5636.

In tomorrow’s hearing, Stein will provide a number of reasons why H.R. 5636 is poorly constructed. While this legislative proposal purportedly seeks increased reporting of fossil fuel extraction and emissions by entities with leases on public land, it disregards the basic standards of administrative and constitutional law, duplicates existing regulations and disclosure requirements. In practice, it would merely serve to increase the costs and barriers to energy development on federal lands.

If Congress wishes to create standards for sustainability, for federal leasing or any other federal contracting, the appropriate process is to provide a mandate to the relevant federal agencies to develop standards through the administrative process. In addition to having the advantage of being constitutional, such a process has long-standing administrative procedures and legal principles that ensure that the rights of companies and individuals impacted by the standards are protected. The approach taken by H.R. 5636 should be rejected.

Hearing Details:

  • Date: Tuesday, January 28, 2020
  • Time: 10:00 AM eastern time
  • Location: Longworth House Office Building 1334

View Kenny Stein’s prepared testimony.

Kenny Stein has worked for Senator Ted Cruz (R-TX). He has also held additional policy roles with free-market organizations like Freedomworks and the American Legislative Exchange Council (ALEC). Stein received his Juris Doctorate from the University of Houston and his B.A. in International Relations from American University and his areas of expertise include: domestic and international energy policy, environmental regulation and policy, federal land management policy, federalism, and legislative analysis.

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