Tommy Beaudreau on “The Lords of Yesterday and the Imperatives of Now”: Challenges to Energy Transition on Public Lands — Victoria Matson and Oliver Skelly (Getches-Wilkinson Center) #ActOnClimate

Tommy Beaudreau at the 2025 Schultz Lecture in Energy. Photo credit: Getches-Wilkinson Center

Click the link to read the article on the Getches-Wilkinson Center website (Victoria Matson and Oliver Skelly):

March 20, 2025

On Tuesday, February 25th, Tommy Beaudreau, former Deputy Secretary of the Interior, delivered the Schultz Lecture, offering a sobering analysis of the structural, legal, economic, and political hurdles to the energy transition on public lands. His talk, “The Lords of Yesterday and the Imperatives of Now,” constituted a tribute to the late Charles Wilkinson’s coined phrase. Harkening back to Wilkinson’s work, Beaudreau traced these contemporary challenges to the legacy of westward expansion and Indigenous displacement, illustrating how outdated laws and entrenched interests continue to shape today’s energy policies.

American Progress (1872) by John Gast is an allegorical representation of the modernization of the new west. Columbia, a personification of the United States, is shown leading civilization westward with the American settlers. She is shown bringing light from east to west, stringing telegraph wire, holding a book, and highlighting different stages of economic activity and evolving forms of transportation. By John Gast – This image is available from the United States Library of Congress’s Prints and Photographs division under the digital ID 09855.This tag does not indicate the copyright status of the attached work. A normal copyright tag is still required. See Commons:Licensing for more information., Public Domain, https://commons.wikimedia.org/w/index.php?curid=373152

Beaudreau framed public lands as a political flashpoint in the energy transition. While state and private lands—particularly in North Dakota and the Southwest—have played significant roles in the oil and gas boom, debates over renewables, permitting, and leasing disproportionately focus on federal lands. Ironically, legal tools once used to block fossil fuel projects are now being turned against renewables, complicating efforts to decarbonize.

Beyond regulatory hurdles, fossil fuel revenues remain deeply embedded in state economies, funding schools, public safety, and infrastructure. Many Tribal nations, too, rely on fossil fuel revenues, balancing economic interests with environmental concerns. Beaudreau stressed that a “just transition” must provide financial alternatives before communities can fully embrace renewables.

Outdated laws, like the 1872 Mining Law, remain a major obstacle to energy reform. Beaudreau highlighted the Inflation Reduction Act (IRA) as a key step in shifting energy policy, but legal battles persist over leasing rights, mineral access, and state-federal control. He pointed to Louisiana’s lawsuit over the Biden administration’s oil and gas lease moratorium, which raised critical questions about governmental statutory and commercial contractual rights in energy development.

Economic arguments also dominate the debate. Critics claim renewables are too costly for federal subsidies, mirroring past fights over offshore oil incentives. Meanwhile, global competition—especially China’s control of solar panel and battery supply chains—adds geopolitical complexity to the transition.

Despite these challenges, Beaudreau offered a measured note of optimism. He pointed to Western landowners and ranchers, historically conservation advocates, as potential allies in sustainable land management. Their interest in wildlife migration corridors and outdoor access could foster new conservation coalitions.

This map shows land owned by different federal government agencies. By National Atlas of the United States – http://nationalatlas.gov/printable/fedlands.html, “All Federal and Indian Lands”, Public Domain, https://commons.wikimedia.org/w/index.php?curid=32180954

Ultimately, Beaudreau underscored that energy transition requires modernizing laws, addressing economic realities, and building broad political consensus. As attendees left Wittemyer Courtroom, they carried with them a clear message: the road ahead is uncertain, but public lands remain central to shaping America’s energy future and, as Wilkinson’s “lords of yesterday” remain, the imperatives of change have arrived.

The recording of the 16th annual Schultz Lecture can be found here.

Native land loss 1776 to 1930. Credit: Alvin Chang/Ranjani Chakraborty

From email from the Getches-Wilkinson Center (Annie Carlozzi):

Thank you for joining the Getches-Wilkinson Center and the Center of the American West for the Schultz Lecture in Energy on February 25th! We are so grateful to Tommy Beaudreau for making time in his schedule to spend lunch with our law students and the evening with all of our attendees in person and online.

We have a few things to share with you:

Conference Photos

Barb Colombo of 11:11 Productions Photography has provided us with wonderful images of the lecture with Tommy Beaudreau. We’ve added them to a Flickr album for easy viewing here.

Conference Recordings

The Law School IT Team has released the recording from the lecture.

GWC Blog
Current Colorado Law students Victoria Matson and Oliver Skelly shared their reflections on Tommy Beaudreau’s visit to the Colorado Law School on the GWC blog. You can read their piece here.

Upcoming Event

We hope you will consider joining us for the annual Colorado River Conference co-convened by GWC and the Water & Tribes Initiative. You can find more information on our website regarding this year’s theme: Turning Hindsight into Foresight: The Colorado River at a Crossroads.

Photo credit: Getches-Wilkinson Center

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