American Energy Act
The American Energy Act is designed to accelerate oil and gas development on federal lands by tightening how civil actions interact with permitting and leasing. It requires federal authorities to continue processing applications for permits to drill (PTD) on valid leases even if there are pending civil actions, unless a federal court actually vacates the lease. It also sets a four-year maximum term for PTDs issued after enactment. In addition, the bill makes it harder to delay or block lease sales: lease auctions cannot be vacated or halted unless there is a finding of imminent and substantial environmental harm with no other remedy, and NEPA-based injunctions preventing lease awards are barred if the Department of the Interior has already opened bids or disclosed the high bid for the tract. Overall, the measure pushes to shorten timelines and reduce judicial delays in federal oil and gas development, while clarifying procedural aspects around permits and leases.
Key Points
- 1Permits to drill processing amid civil actions: The Secretary must process PTD and related approvals for valid leases despite pending civil actions, unless a federal court vacates the lease (explicitly no authority granted to courts to vacate leases under this provision).
- 2Term of permits to drill: PTDs issued after enactment are valid for four years from the date of approval (or until the associated lease expires, if sooner).
- 3Lease sale litigation protections: Oil and gas lease sales under MLSA or OCSLA cannot be vacated or broadly delayed unless a court determines that development would cause imminent and substantial environmental harm and no other equitable remedy exists.
- 4NEPA injunction protections for lease awards: Courts may not enjoin or block lease awards in NEPA actions if DOI has already opened bids or disclosed a high bidder for tracts within the sale.
- 5Overall aim: Streamline permitting and leasing processes for federal oil and gas development by limiting certain litigation leverage and establishing fixed permit durations.