News Briefing

A Taxing Approach to High Energy Costs Will Backfire

Jul 10, 2026News Briefingtaxfoundation.org

High energy prices have spurred congressional proposals to tax oil and gas producers, but the suggested measures may worsen the supply crunch rather than alleviate it.

Proposed legislation

  • Big Oil Windfall Profits Tax Act – Introduced by Sen. Sheldon Whitehouse (D‑RI) and Rep. Ro Khanna (D‑CA). The bill would impose a tax equal to 50 % of the gap between the current quarter’s average crude‑oil price and the projected 2025 average price on sales of crude oil.
  • Taxing Buybacks from Big Oil Windfalls Act – Introduced by Sen. Chuck Schumer (D‑NY) and Sen. Ron Wyden (D‑OR). This legislation would raise the stock‑buyback tax for oil and gas companies from 1 % to 25 %.

Both proposals aim to capture what lawmakers describe as “windfall profits” from the surge in gasoline and diesel prices. Critics argue that taxing producers in this way does not address the underlying supply shortage and could discourage investment in domestic production, potentially driving prices higher in the long run. The measures reflect a broader political impulse to penalize the industry rather than implement policies that directly increase supply or reduce consumer costs.