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Executive Privilege and Energy Policy

Natural Resources and Environment, Vol. 19, 2005

3 Pages Posted: 15 Nov 2012  

David Hodas

Widener University - Delaware Law School

Date Written: 2005


Creating a national energy policy in a democracy is a messy, complex, and often contentious process. As with all major social issues, achieving a national consensus is extraordinarily difficult. On the other hand, creating a policy without public input or agreement and then unilaterally announcing it to be our national energy policy is a much more efficient, if less democratic approach to national policy-making. The most recent attempt at crafting an energy policy for the nation used this second, lower friction approach. It was the effort of what is commonly referred to as the "Cheney Energy Task Force," although officially it was the National Energy Policy Development Group (Energy Group), established by President Bush shortly after he took office in 2001 and chaired by Vice President Cheney. In conducting its work, the task force met only in private, consulted with private industry representatives in private, and deliberated in private. Five months later the Energy Group issued its report that announced its comprehensive energy policy, which would be the blueprint for all national energy policy and investment decisions; the policy has directed the administration's energy legislative agenda in Congress.

Keywords: energy, environmental law, energy policy, executive privilege

JEL Classification: K32, Q48

Suggested Citation

Hodas, David, Executive Privilege and Energy Policy (2005). Natural Resources and Environment, Vol. 19, 2005. Available at SSRN:

David Hodas (Contact Author)

Widener University - Delaware Law School ( email )

4601 Concord Pike
Wilmington, DE 19803-0406
United States
302 477 2186 (Phone)

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