Daily on Energy, presented by TC Energy: WOTUS, the House agenda, and oil forecasts

Welcome to Daily on Energy, written by Washington Examiner energy and environment writers Callie Patteson (@CalliePatteson) and Maydeen Merino (@MaydeenMerino). Email cpatteson@washingtonexaminer dot com or mmerino@washingtonexaminer dot com for tips, suggestions, calendar items, and anything else. If a friend sent this to you and you’d like to sign up, click here. If signing up doesn’t work, shoot us an email, and we’ll add you to our list.

Correction: In Friday’s edition of the newsletter we misidentified the title of J. Clay Sell, the CEO of X-Energy. This was promptly updated and corrected in the web version of our newsletter and we deeply apologize for the error. 

EPA PROPOSES NEW WOTUS RULE: The Environmental Protection Agency proposed a new Waters of the United States or WOTUS rule, narrowing the definition of bodies of water subject to federal oversight. 

EPA Administrator Lee Zeldin announced at the EPA headquarters in Washington, D.C., today that the agency has issued a proposed WOTUS rule, aligning it with the Supreme Court’s 2023 ruling Sackett v EPA, which narrowed the scope of which bodies can be federally regulated. 

The rule has gone through many variations, depending on which political party is in office. For instance, the Obama administration broadened the scope of WOTUS, which received pushback from industries and Republicans. Then, the first Trump administration narrowed the definition. 

Former President Joe Biden’s EPA provided a WOTUS rule that included the “significant nexus” test, which helped to determine which wetlands or non-navigable waters are subject to federal protection. However, the Sackett decision said WOTUS was limited to wetlands that directly adjoin rivers, lakes, and other navigable bodies of water, rejecting the “significant nexus” test.

During a presser, Zeldin said the EPA’s goal is to ensure the WOTUS definition stands the test of time despite which political party is in power.

“Our goal that we set out was not to come up with a definition that is swinging the pendulum and going to any type of an extreme, where you’re at the whim of the next presidential election or the presidential election after that, where the definition is constantly changing,” Zeldin told reporters. 

Asked whether the EPA would seek some type of legislative statute to ensure the new reforms last, Zeldin said the agency has heard from lawmakers prior to the proposal on specific feedback on behalf of their constituents. 

He added: “Our goal here is to get it right. We have a statute that’s on the books. We have a Supreme Court case that’s now on the book that wasn’t on the books previously. And we want to follow it. We want to get it right now.” 

“If Congress ever in the future chooses to change any law that gives a statutory obligation to EPA, we will follow whatever that modification is of that law in the future. We believe, post-Sackett, that we are able to get this right in a way that is durable and long lasting,” he added. 

Read more about the specific changes the EPA is seeking to finalize here. 

ENERGY & ENVIRONMENT BACK ON THE AGENDA AS HOUSE RETURNS: House lawmakers will be voting on a slew of bills this week that would reverse a number of Biden environmental protections Republicans say have stunted domestic energy production. 

Targeting Alaska: House Republicans are aiming to further open up Alaska for oil and gas drilling this week by voting on two resolutions of disapproval under the Congressional Review Act. The first, H.J. Res. 131, was introduced by Alaska Rep. Nick Begich and would nullify the Biden administration’s restrictions on oil and gas leasing on the Coastal Plain of the Arctic National Wildlife Refuge. 

Republicans have said that these environmentally driven restrictions blocked energy production on 1.16 million acres of land, threatening the state’s economy and broader U.S. energy independence. 

This resolution is quite similar to S.J. Res. 80 which is also before the House this week and would lift similar restrictions on leasing in the National Petroleum Reserve of Alaska. This bill passed the Senate late last month and effectively would open up 11 million acres to oil and gas leasing. Once passed in the House, President Donald Trump will be able to sign it into law. 

Boosting coal: Another CRA headed for a vote is H.J. Res. 130, Wyoming Rep. Harriet Hageman’s proposal to reverse a rule issued by the Bureau of Land Management under Biden related to the Buffalo Field Office Record of Decision and Approved Resource Management Plan Amendment. 

Republicans have claimed that the BLM rule, issued last November, locked up 800,000 acres of land and 4.7 million acres of mineral estates administered by the Buffalo Field Office, essentially baring further coal leasing in Buffalo, Wyoming.

“The BLM’s disastrous Buffalo RMP would cut off access to 40% of our nation’s coal,” Hageman said in October. “This clear violation of the law would devastate jobs, local economies, and end our ability to provide affordable, reliable energy.”

Streamlining natural gas exports: H.R. 1949, the “Unlocking our Domestic LNG Potential Act,” is also set to receive a vote this week. This bill was introduced by Texas Republican Rep. August Pfluger; and while its broad aim is to “repeal restrictions on the export and import of natural gas,” it is not a CRA resolution. 

This legislation would not reverse any Biden regulations, but it would instead streamline the process for permitting and approving facilities for importing and exporting liquefied natural gas. 

Current rules require such facilities to receive approval from the Federal Energy Regulatory Commission to construct, operate, or expand a facility, as well as a second authorization from the Department of Energy to import or export gas to non-free trade agreement countries. If passed, Pfluger’s bill would provide FERC with the sole authority to approve these facilities. It would also deem all applications to export or import natural gas to be consistent with the public interest. 

The bill has been criticized by some energy industry groups, including Industrial Energy Consumers of America, which claims the legislation is “inconsistent” with the administration’s America First agenda. 

“The bill prioritizes LNG exports over U.S. consumers by removing long standing Natural Gas Act consumer protections,” IECA president Paul Cicio said. “We urge Republicans to not vote for this bill which could directly impact manufacturing competitiveness and the 13 million jobs we employ.”

PLUS…PERMITTING DISCUSSIONS CONTINUE WITH DEMOCRATS PUSHING HARD: With the shutdown now over, House Natural Resources chairman Bruce Westerman is looking to advance permitting reform targeting the National Environmental Policy Act as quickly as possible. Westerman is primarily advocating for his bill known as the Standardizing Permitting and Expediting Economic Development Act, which could be marked up as soon as this week. 

While the bill is already bipartisan – cosponsored by Maine Democrat Jared Golden – Westerman is looking to secure as much Democratic support for the package to ensure swift passage in the Senate. 

Negotiations are ongoing, with Rhode Island Democratic Rep. Seth Magaziner telling Daily on Energy alum Josh Siegel that at least six members of his party are in active discussions with Westerman. The Democrats are aiming to amend Westerman’s bill by adding in “permit certainty” language that would prevent the Trump administration from excluding renewable energy projects from the permitting reforms. 

“I’d need to see language that would compel the Trump admin to take a more balanced approach and not block clean energy projects from getting on the grid,” Magaziner said. “The Democratic support in committee will be very limited if we’re not able to get to strong language”

The Rhode Island Democrat previously told Callie that he wants to reach a “yes” on the bipartisan legislation, adding that the party may also need to see action from the administration that would commit to neutral imposition of the reforms. 

FEMA CHIEF RESIGNS FROM POST: The Federal Emergency Management Agency’s acting administrator David Richardson has reportedly resigned from his position after just six months on the job. 

The details: People familiar with the situation confirmed the move to the Washington Post today, revealing that Richardson had been keeping a low profile within the agency in recent months. 

Sources told the outlet that Richardson spent limited time in daily meetings, shrank away from his role, and was frequently inaccessible. During one recent meeting, Richardson reportedly said he did not think he would still be acting administrator after the Thanksgiving holiday. 

Some background: Richardson was named acting administrator in May less than one day after Cameron Hamilton – the first pick to lead the agency – was fired. Hamilton’s ousting came after he testified before Congress that he did not believe FEMA should be shuttered, breaking from Trump, who has repeatedly called for FEMA to be dismantled. 

Since then, Richardson has come under fire for FEMA’s response to the historic and catastrophic flooding in Texas in July that left 135 people dead. The Washington Post previously reported that Richardson was unreachable during critical early hours of the flooding. He later told members of Congress that he didn’t believe the agency did anything “wrong” in its response.  

GOLDMAN SACHS’ LATEST FORECAST ON CRUDE PRICES: Oil prices will very likely dip to the low $50s throughout next year, Goldman Sachs is now predicting, as producers within OPEC+ and outside continue to increase levels of supply.

The details: The New York-headquartered bank said today that it is forecasting international benchmark Brent crude to average $56 per barrel in 2026, with West Texas Intermediate trailing closely behind at $52 per barrel, according to Reuters. 

Goldman Sachs directly attributed the price drops to production hikes seen from OPEC+, the U.S., and Brazil. If the global economy enters a recession, Goldman Sachs warned that Brent prices could even fall into the $40s. However, the bank also said it expects crude prices to rebound after next year, rising to the high $70s and $80 per barrel line by late 2028. 

Where prices stand now: Both international and domestic benchmarks were down this afternoon, falling by more than $0.15 just before 3 p.m. EST. Brent Crude was down 0.26%, selling at $64.22 per barrel and West Texas Intermediate dropped 0.30% and priced at $59.86 per barrel. 

OIL AND GAS TRADE GROUP BUYS SEVEN-FIGURE AD CAMPAIGN TO AIR DURING LANDMAN: Taylor Sheridan’s latest hit show Landman, which dives into the inner workings as well as the white- and blue-collar drama of oil and gas drilling in West Texas, is giving the very industry its story centers around a chance to lobby for fossil fuels. As the Paramount+ series returns for its second season, the American Petroleum Institute is also coming back with another seven-figure ad buy airing during the show this fall. 

API revealed the three-commercial campaign today. Each ad centers on a different individual or couple working in the oil and gas industry. 

The trade group said that the show’s popularity is evidence of growing support for the oil and gas industry among Americans, despite efforts to accelerate the phase-out of fossil fuels in recent years. And there is evidence backing this idea. 

Polling conducted by Democratic political action committee Welcome found that, between November 2024 and April of this year, there was a 9% increase in support for increasing fossil fuel production and making it easier for oil companies to get leases for drilling. 

AUSTRALIA OPTS OUT OF CO-HOSTING COP31 WITH TURKEY: Prime Minister Anthony Albanese said that Australia will not co-host next year’s United Nations annual climate summit or COP31. 

Reuters reports that Turkey offered to co-host the annual climate summit with Australia, but the discussions on hosting remain unsolved. COP30 is currently taking place in Brazil and is set to end this week. 

“No, we won’t be co-hosting because co-hosting isn’t provided for under the rules of the UNFCCC (United Nations Framework Convention on Climate Change),” Albanese said during a media briefing in Melbourne.

“So that’s not an option and people are aware that it is not an option, which is why it has been ruled out.”

The host is able to set the agenda and lead the negotiations. Both Australia and Turkey placed bids in 2022 to host COP31. If there is no compromise between the two countries, next year’s summit will go to Germany. 

ICYMI – NPS SEEKS TO INCREASE LAW ENFORCEMENT: The National Park Service announced on Friday that it will look to recruit up to 500 law enforcement officers to protect parks and monuments. 

NPS said it is recruiting 300 U.S. park police officers in Washington, D.C., New York City, and San Francisco. The agency is seeking to recruit 200 law enforcement rangers for assignments across national parks. 

The agency said that selected candidates will complete a four-week bridge training course to obtain their NPS law enforcement commission.

National Park Service deputy director for operations Frank Lands said in a statement that “We are looking for experienced officers who are ready to step into one of the most unique and rewarding law enforcement roles in the federal government. These officers will help protect irreplaceable resources, support our park communities, and ensure millions of visitors can enjoy their national parks safely.” 

A LOOK AHEAD: 

Nov. 17 – 19 DTECH Northeast, a multi-day conference diving deeper into regional energy solutions, is being held in Boston, Massachusetts. 

Nov. 18 The United States Energy Association is holding a webinar on carbon capture, utilization, and storage.

Nov. 18 George Washington University is hosting an event on how “climate change, conflict, and gender intersect in the Amazon.”

Nov. 18 – 19 The 2025 Intersolar and Energy Storage North America trade show and conference is set to take place in Grapevine, Texas. 

Nov. 19 The Senate Energy and Natural Resources Committee is holding a hearing considering how the Bureau of Land Management land use planning process affects permitting for energy, mining, and other uses on public lands. 

Nov. 19 The House Natural Resources Subcommittee on water, wildlife, and fisheries is holding a legislative hearing focused on a number of fishery and seafood harvesting-related bills.

Nov. 19 The Senate Environment and Public Works Committee will be holding a hearing examining PFAS cleanup and disposal policies.  

Nov. 19 The Bipartisan Policy Center is hosting an event titled “The Future of Natural Gas: Driving Innovation in a Changing Landscape,” which will feature remarks from Toby Rice, president and CEO of natural gas producer EQT. 

Nov. 20 The Federal Energy Regulatory Commission will hold its November open meeting. 

Nov. 21 The United Nations’ climate change conference (COP30) is set to close. 

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