CLEAN Act

The proposed legislation falls squarely within the enumerated powers of Congress under Article IV, Section 3, Clause 2, which grants Congress the power to 'dispose of and make all needful Rules and Regulations respecting the Territory or other Property belonging to the United States.' Federal lands are property of the United States, and leasing them for geothermal energy development is a permissible disposition of that property. Moreover, Article I, Section 8, Clause 18 authorizes Congress to make all laws 'necessary and proper' for executing its enumerated powers, and increasing the frequency…

The Constitution grants Congress authority over federal lands under the Property Clause (Article IV, Section 3, Clause 2), which permits regulation of resources like geothermal steam. However, the Tenth Amendment reserves to the states or the people all powers not delegated to the United States. If this bill compels lease sales on state or private lands without consent, it would exceed federal power. Additionally, the Ninth Amendment cautions that the enumeration of certain rights shall not be construed to deny others retained by the people, such as local control over land use. The bill is con…

The Constitution vests in Congress the power to dispose of and make all needful rules and regulations respecting the territory or other property belonging to the United States (Article IV, Section 3, Clause 2). This power extends to leasing public lands for geothermal energy development. However, the frequency and terms of lease sales must be consistent with the enumerated powers and the general welfare clause (Article I, Section 8, Clause 1). If the bill accelerates lease sales without regard for prudent stewardship of public resources or the potential for factional interests to dominate (as …

This bill falls squarely within the constitutional authority of Congress to dispose of and regulate the property of the United States. The Geothermal Steam Act concerns the leasing of federal lands for geothermal resources, which is a form of disposal of public property. Article IV, Section 3, Clause 2 grants Congress the power to 'dispose of and make all needful Rules and Regulations respecting the Territory or other Property belonging to the United States.' Increasing the frequency of lease sales and requiring replacement sales are means to effectuate that disposal. As established in McCullo…