EXTRACTED: Daily News Clips 12/9/24
PIPELINE NEWS
Press release: FLOW, Great Lakes Business Network, and Sierra Club File Joint Amici Brief in Nessel v. Enbridge Lawsuit, Dismantling Enbridge's Allegations and Defending State Sovereignty
Interlochen Public Radio: Traverse City policy group weighs in on state’s Line 5 lawsuit
Press release: Energy Transfer Announces Pipeline Project Connecting Permian Basin Production Supplies to Multiple Markets
Hart Energy: GOP House Members Lobby for Canceled New York Pipeline Project
Finger Lakes Daily News: Congressman Langworthy Leads Effort to Revive Northern Access Pipeline
Midland Reporter-Telegram: Matterhorn Express growth creating rivalries for market share
World Pipelines: ONEOK announces completion of NGL fractionation and pipeline expansion projects
Press release: FERC Office of Public Participation Releases Educational Video on the Construction of Interstate Natural Gas Transmission Pipeline Projects
WASHINGTON UPDATES
E&E News: The latest on spending, permitting, resource package talks
Politico: Permitting's Glimmer Of Hope
RBN Energy: Why Can't We Be Friends? - The Odds For/Against U.S. Tariffs on Imported Canadian, Mexican Crude
E&E News: How carbon capture could outlive Trump
E&E News: 5 takeaways from the Biden carbon rule’s big day at the DC Circuit
WV News: West Virginia attorney general asks court to rule power plant rules unlawful
The Hill: Supreme Court to hear case Tuesday that could restrict bedrock environmental law
New York Times: Clean Energy Program Races to Finish Work Before Trump Takes Over
Heatmap: Biden Has Just 7 Weeks To Secure His Conservation Legacy
Associated Press: EPA hails ‘revitalized’ enforcement efforts as Biden administration heads to exit
E&E News: Interior review sets up delay for offshore oil lease sale
Offshore Energy: As US Steps Closer To Next Gulf Of Mexico Oil & Gas Round, NOIA Boss Urges Rethink On Lease Sale Limit
E&E News: Huffman Set To Pick Up Dozens Of Endorsements For Top Natural Resources Democrat Spot
Washington Post: How billionaire Charles Koch’s network won a 40-year war to curb regulation
STATE UPDATES
Salt Lake Tribune: Utah’s Public Lands Lawsuit Is ‘An Existential Threat’ To The Ute Indian Tribe, Lawyers Contend
Cleveland.com: Before vote, 98% of 600 public comments say no to fracking state parks in Ohio
Mountain State Spotlight: Settlement with West Virginia landowners will force nation’s largest natural gas well owner to plug abandoned wells faster
Associated Press: Environmentalists Are Headed To Court Over Proposed Oil Well In Vulnerable Florida Watershed
KDVR: Weld County ‘disappointed’ with lack of answers after environmental oil, gas data manipulation
EXTRACTION
Washington Post: Why a two-year surge in global warmth is worrying scientists
New York Times: Their Fertilizer Poisons Farmland. Now, They Want Protection From Lawsuits.
DeSmog: ‘A Valuable And Generous Ally’: How Exxon and Atlas Network Worked to Block Global Climate Action
Oceanographic Magazine: Effects of Japanese oil spill still felt in Mauritius mangroves today
Reuters: Canadian oil province Alberta cleans up 5% of inactive wells in 2023
CLIMATE FINANCE
E&E News: Trump SEC pick wants to ditch landmark climate disclosure rule
TODAY IN GREENWASHING
Lakeland Today: St. Paul Search and Rescue receives $14,000 grant
OPINION
Cedar Rapids Gazette: Our fight against Wolf’s pipeline left us with a gift
Common Dreams: We Need A Real Path To Clean Energy, Not Dirty Fossil Fuel Deja Vu
Toronto Star: As environment minister, I believed the oil sands sector would help us save the planet. I was wrong
Earth.org: The Quiet Rise of Carbon Capture in Europe
Utility Dive: Regulatory red tape holds back the carbon capture opportunity in Texas
Cleveland.com: Appalachian hydrogen hub is a dirty-energy boondoggle that should be canceled
Truthout: Bipartisan Plan to “Reform” Energy Permits Is a Brazen Giveaway to Fossil Fuels
PIPELINE NEWS
Press release: FLOW, Great Lakes Business Network, and Sierra Club File Joint Amici Brief in Nessel v. Enbridge Lawsuit, Dismantling Enbridge's Allegations and Defending State Sovereignty
12/5/24
“On December 2, 2024, For Love of Water (FLOW), Great Lakes Business Network (GLBN), and Sierra Club filed an amici curiae brief opposing Enbridge's motion for summary disposition in the Line 5 lawsuit Nessel v. Enbridge. The three groups, representing tens of thousands of Michigan residents and hundreds of Michigan businesses, weighed in as “friends of the court”, arguing that Michigan has both the power and the duty to protect publicly held bottomlands in the Straits of Mackinac from the urgent threat of a pipeline breach. The amici brief makes the case that the 1977 Transit Pipelines Treaty between the US and Canada explicitly reserves for the states the authority to regulate cross-border pipelines in the area of environmental protection. AG Nessel's complaint targets the failing underwater section of Line 5, wholly within Michigan’s sovereign territory. Pointing out how Enbridge has misread the treaty, lawyers for FLOW, GLBN, and Sierra Club outlined how the U.S. Supreme Court has long held that the Constitution protects traditional states’ rights and responsibilities – including the responsibility to protect public trust resources like the Great Lakes… “FLOW Legal Director Carrie La Seur said, “With this week’s filing, our coalition again stands with AG Nessel to defend Michigan’s priceless natural heritage from an urgent threat.” “We appreciate Attorney General Nessel continuing to fight for protecting our Great Lakes and the people of Michigan from a pending oil spill disaster,” said Elayne Coleman, Sierra Club - Michigan Chapter Director.”
Interlochen Public Radio: Traverse City policy group weighs in on state’s Line 5 lawsuit
Izzy Ross, 12/5/24
“A Traverse City-based environmental nonprofit group has weighed in on a lawsuit between Michigan’s attorney general and the Canadian company Enbridge, which owns and operates the Line 5 pipeline that transports oil and natural gas liquids from Wisconsin through Michigan to Canada,” Interlochen Public Radio reports. “...The group “For Love of Water,” or FLOW, is among those supporting Nessel’s argument in the original lawsuit — that the state has authority to void Enbridge’s easement. Now, FLOW has filed a joint amicus brief along with the Great Lakes Business Network and the Sierra Club, opposing Enbridge’s motion for summary disposition, which would let the court resolve the case without a trial. In their brief, the groups focus on the 1977 Transit Pipelines Treaty between the United States and Canada. That treaty guarantees the flow of hydrocarbons — like oil and natural gas liquids — between the two countries… “But FLOW argues that the treaty gives states the authority to regulate pipelines that cross the border when it comes to environmental protection. They say this is a states' rights issue, and that because this section of pipeline falls in Michigan’s sovereign territory, the state should be able to determine what happens. “The foreign affairs doctrine is pretty limited, and we don't see that it applies here, because the treaty has some plain language about how states are still allowed to regulate based on environmental protection,” Carrie La Seur, FLOW’s legal director, told IPR. “That's exactly what Michigan has done here.” This is a decision on the law, rather than the substance of the original arguments, La Seur told IPR.”
Press release: Energy Transfer Announces Pipeline Project Connecting Permian Basin Production Supplies to Multiple Markets
12/6/24
“Energy Transfer LP today announced that it has reached a positive final investment decision (FID) for the construction of an intrastate natural gas pipeline connecting Permian Basin production to premier markets and trading hubs. The new large-diameter pipeline, previously called the Warrior Pipeline, is being renamed in honor of Hugh Brinson and will now be known as the Hugh Brinson Pipeline. The pipeline will provide much needed transportation capacity out of the Permian Basin to serve growing natural gas demand. The Hugh Brinson Pipeline is expected to be constructed in two phases with the first phase including the construction of approximately 400 miles of 42-inch pipeline with a capacity of 1.5 billion cubic feet per day (Bcf/d). It will extend from Waha to Maypearl, Texas located south of the Dallas/Ft. Worth Metroplex, where it will then connect to Energy Transfer’s vast pipeline and storage infrastructure. Phase I is expected to be in service by the end of 2026. As part of Phase I, Energy Transfer will also construct the Midland Lateral, which is expected to be a 42-mile, 36-inch lateral to connect Energy Transfer and third-party processing plants in Martin and Midland Counties to the Hugh Brinson Pipeline… “Combined costs of Phase I and Phase II are expected to be approximately $2.7 billion. The project is backed by long-term, fee-based commitments with strong investment grade counterparties.”
Hart Energy: GOP House Members Lobby for Canceled New York Pipeline Project
12/8/24
“U.S. House GOP members from New York and Pennsylvania published a letter on Dec. 5 criticizing New York’s state government opposition to a natural gas pipeline project,” Hart Energy reports. “National Fuel’s 96-mile Northern Access Pipeline would have a capacity of 490 MMcf/d, taking Appalachian gas from Pennsylvania to customers in the Northeast U.S. and Canada… “In November 2024, National Fuel decided to cancel the project, blaming opposition from the New York state government and ballooning costs. Environmental groups have also stated their opposition. The U.S. Federal Energy Regulatory Commission has approved the project; however, the permit expires at the end of 2024… “The New York State Department of Environmental Conservation’s decision to stand in the way of this key natural gas pipeline infrastructure project—despite federal approval—caused extensive delays and increased project costs, with the ongoing challenge of trying to develop in the current regulatory environment in New York,” the House members wrote… “Eleven representatives signed the letter. Rep. Nick Langworthy (R-N.Y.) led the effort.”
Finger Lakes Daily News: Congressman Langworthy Leads Effort to Revive Northern Access Pipeline
Lucas Day, 12/8/24
“Congressman Nick Langworthy has joined forces with members of the New York and Pennsylvania congressional delegations to urge Governor Kathy Hochul to reconsider the state’s stance on the Northern Access Pipeline,” Finger Lakes Daily News reports. “The proposed $500 million natural gas infrastructure project, which was blocked under the state’s interpretation of the Clean Water Act (CWA), was projected to create thousands of well-paying jobs in the region. In a letter sent Thursday, Langworthy, who represents Schuyler and Steuben counties in the House, and his colleagues expressed concerns over the cancellation and emphasized the economic and energy benefits the pipeline could bring… “The Northern Access Pipeline’s cancellation has been a contentious issue, reflecting broader debates over balancing environmental regulations and energy development.”
Midland Reporter-Telegram: Matterhorn Express growth creating rivalries for market share
Mella McEwen, 12/7/24
“Like a meal making its way through a boa constrictor, natural gas making its way down the Matterhorn Express from the Permian Basin to the Gulf Coast is resulting in displacements from other sources,” according to the Midland Reporter-Telegram. “Ian Heming with East Daley Analytics notes that the fast ramp-up of the Matterhorn appears to be backing out natural gas supplies from several intrastate pipelines at the Katy hub, confirming a new rivalry between Texas basins for market. “In terms of intrastate rivalries, it depends on where you’re looking at it from,” Heming told the Reporter-Telegram. “For end users downstream, competition on intrastate lines can help ensure cheaper gas supply, but for producers, a drop in prices may be needed to incentivize takeaway.” “...The company’s review of flow data finds signs of displacement on the Trunkline and Tennessee Gas systems following the start of Matterhorn interconnects. In both cases, Permian gas would be backing out supply from other Texas intrastate systems.”
World Pipelines: ONEOK announces completion of NGL fractionation and pipeline expansion projects
Alfred Hamer, 12/6/24
“ONEOK has announced the completion of MB-6, a 125 000 bpd natural gas liquids (NGL) fractionator in Mont Belvieu, Texas, and the full looping of the West Texas NGL Pipeline system,” World Pipelines reports. “The completion of MB-6 increases the company's fractionation capacity to more than 1 million bpd, reducing the need for third-party fractionation and enhancing ONEOK's ability to serve growing NGL market demand. Completion of the full looping of the West Texas NGL Pipeline system expands the capacity to 515 000 bpd. Additional pump stations, which are expected to be completed in mid-2025, will further increase system capacity to 740 000 bpd.”
Press release: FERC Office of Public Participation Releases Educational Video on the Construction of Interstate Natural Gas Transmission Pipeline Projects
12/4/24
“Today, the Federal Energy Regulatory Commission’s (FERC) Office of Public Participation (OPP) released the educational video “FERC’s Role in Regulating the Construction of Interstate Natural Gas Transmission Pipeline Projects” that explains the three phases of interstate pipeline construction: what happens after FERC authorizes a pipeline and before construction begins, FERC’s role during construction, and FERC’s role after construction is complete. In the WorkshOPP video, staff from OPP discuss these phases so that you may better understand how FERC regulates and oversees the construction of interstate natural gas transmission pipeline projects and the steps you can take if you are concerned about construction of a pipeline on your land or in your community. In the WorkshOPP video, you will learn about: FERC’s authorizations for interstate pipeline construction, such as the Certificate of Public Convenience and Necessity and the Notice to Proceed with Construction; Requirements, such as filing detailed implementation plans, a company must meet before construction begins; FERC staff’s inspections during construction and post-construction restoration; Available resources for landowners and concerned citizens.”
WASHINGTON UPDATES
E&E News: The latest on spending, permitting, resource package talks
Kelsey Brugger, Garrett Downs, Manuel Quiñones, 12/9/24
“Lawmakers have not given up hope on passing permitting legislation and a natural resources bill package this year, even though Congress has only two weeks left in Washington,” E&E News reports. “...Congress is looking to get all its work done by Dec. 20, when current funding expires… “Senate Energy and Natural Resources Chair Joe Manchin (I-W.Va.) and House Natural Resources Chair Bruce Westerman (R-Ark.) met again last week and their staffs are engaged on a permitting deal. The contours center on Manchin’s S. 4753, the “Energy Permitting Reform Act,” and National Environmental Policy Act changes sought by Westerman. “We are still actively working on it,” Westerman told E&E. “I’d say we’re closer. There’s talks going on right now.” “... Many Democrats, including retiring Environment and Public Works Chair Tom Carper (D-Del.), worry about deep changes to NEPA. And Republicans, including House Energy and Commerce leaders, worry about transmission provisions in the Manchin bill… “Still, people familiar with the talks told E&E they have indeed intensified. “The phones are definitely ringing off the hook,” a Republican aide told E&E.”
Politico: Permitting's Glimmer Of Hope
12/9/24
“Staff from the ‘big four’ congressional leaders — Johnson, Majority Leader Chuck Schumer, Minority Leader Mitch McConnell and Minority Leader Hakeem Jeffries — discussed the ongoing effort for permitting reform along with other issues as part of talks over year-end legislation as recently as Friday,” Politico reports. “Top Senate Energy and Natural Resources Chair Joe Manchin and top Republican John Barrasso are leading negotiations with Westerman, who wants to add provisions to streamline NEPA provisions to the senators’ Energy Permitting Reform Act, which aims to speed the approval process for both renewable energy and fossil fuel projects. Westerman told Politico on Thursday afternoon the group is ‘getting closer’ to a deal, but he put the onus on Democratic senators to agree ‘to something I can take back to the Republican conference.”
RBN Energy: Why Can't We Be Friends? - The Odds For/Against U.S. Tariffs on Imported Canadian, Mexican Crude
Housley Carr, 12//9/24
“President-elect Trump’s plan to impose a 25% tariff on all imported goods from Canada and Mexico — including crude oil — has raised concern among U.S. refiners, many of which depend heavily on those imports and would face serious challenges in replacing them,” RBN Energy reports. “The question is, given that dependence and the incoming administration’s pledge to reduce energy costs, will refiners — and oil producers in Canada and Mexico — succeed in their efforts to exempt crude oil from the tariff plan? In today’s RBN blog, we discuss the degree to which U.S. refineries incorporate Canada- and Mexico-sourced oil in their crude slates, the potentially devastating impacts of a tariff on Canadian crude in particular, and the odds for and against U.S. tariffs on oil imports from its neighbors… “But on November 25, President-elect Trump said that on January 20, 2025 — his first day in office — he would impose a 25% tariff on all imported goods from Canada and Mexico, including crude oil and natural gas. The incoming president added that he would keep the tariffs in place until the U.S.’s neighbors to the north and south stopped the flow of illegal drugs (especially fentanyl) and illegal immigrants. The potential impact of a big bump-up in the delivered cost of imported Canadian crude in particular is enormous. From 2009 to 2023 — a 15-year period during which production soared in both U.S. shale plays and the Alberta oil sands — U.S. imports of Canadian crude doubled, from just over 1.9 MMb/d to nearly 3.9 MMb/d, according to the Energy Information Administration (EIA).”
E&E News: How carbon capture could outlive Trump
Carlos Anchondo, Jason Plautz, 12/9/24
“Donald Trump’s return to the White House could scramble the evolution of carbon capture and storage — but the technology will likely still find its way into the power sector,” E&E News reports. “Generous tax credits from the Inflation Reduction Act have already prompted a boom in planned projects to capture emissions from power plants. And while Trump will likely ditch national climate targets — as well as an EPA rule to limit power plant emissions — utilities will still need to meet corporate, state and local climate goals. Carbon capture advocates and energy experts told E&E those forces — paired with utilities looking to keep open fossil fuel plants to meet increasing energy demand — mean CCS could still grow in the power sector, regardless of how Trump handles the technology… “We are optimistic that CCS will continue to be viewed as a key part of an ‘all of the above’ strategy to meet U.S. energy goals and for U.S. businesses to remain economically competitive in an increasingly global low-carbon world,” Jarad Daniels, CEO of the Global CCS Institute think tank, told E&E. The Biden administration has poured billions of dollars into the carbon capture industry as part of its efforts to cut U.S. emissions, despite concerns from some environmentalists that the technology acts as a crutch to delay the transition to renewable energy… “While Trump has promised to repeal parts of that law, CCS — and the incentives that help projects pencil out economically — enjoys bipartisan support in Congress… “Reading the tea leaves on what the Trump DOE will do is always a little challenging, but historically carbon capture has … received support from both sides of the aisle,” Ben King, associate director with Rhodium Group’s energy and climate practice, told E&E. That makes it more likely that the agency will keep various pilot and demonstration projects moving forward, he told E&E. One drag for the industry may be the expected repeal of EPA’s 2024 rule to limit power plant pollution, meant as a stick to the tax credit’s carrot… “Utilities contacted by E&E said it is still too early to say whether the change in administration will change their CCS plans… “Also important for the future of CCS is whether Congress alters the 45Q tax credit when it passes a tax bill in the coming year, Bergman at Resources for the Future told E&E… “In some analyses, that does make retrofitting some existing coal plants economic, so there may be a case for utilities to do this just so that they can receive the value of the tax credit, because it is so generous,” Bergman told E&E.”
E&E News: 5 takeaways from the Biden carbon rule’s big day at the DC Circuit
Niina H. Farah, Lesley Clark, 12/9/24
“EPA’s latest attempt to control planet-warming emissions from the nation’s sprawling power sector came under scrutiny last week from the nation’s second-highest bench,” E&E News reports. “During nearly three hours of oral argument, the U.S. Court of Appeals for the District of Columbia Circuit asked a number of highly technical questions about EPA’s rule, but seemed skeptical that the regulation ran afoul of the Supreme Court’s limits on the agency’s regulatory power. Trump-appointed Judge Neomi Rao took the lead in challenging the feasibility of EPA’s focus on widespread implementation of carbon capture and storage, or CCS, technology for existing coal- and new gas-fired power plants in its 2024 rule… “Much of the first half of last week’s argument centered on whether EPA had shown that CCS will be ready to be widely applied to the power sector. The issue will likely be key to the success of the Biden rule. Challengers contend that EPA failed to prove that the industry would be able to continuously capture 90 percent of carbon emissions for new gas plants that provide baseload power to the grid, as well as existing coal plants that are set to keep operating past Jan. 1, 2039… “If EPA prevails on its plans for carbon capture, the court may still end up nixing parts of the Biden rule… “The D.C. Circuit appeared unconvinced that the Biden rule violates the “major questions” doctrine, which holds that Congress must clearly delegate authority to agencies to handle matters of vast political and economic significance… “Conservatives have targeted repeal of the power plant rule as a top priority. In a letter last week to the president-elect, the National Rural Electric Cooperative Association — one of the challengers in the case — urged Trump to scrap the regulation.”
WV News: West Virginia attorney general asks court to rule power plant rules unlawful
Charles Young, 12/6/24
“West Virginia has asked the U.S. Court of Appeals for the District of Columbia Circuit to declare the U.S. Environmental Protection Agency’s power plant emission rules unlawful, according to a press release from West Virginia Attorney General Patrick Morrisey,” WV News reports. “Morrisey, the state’s governor-elect, has pushed back against the EPA proposed rules since they were announced in May 2023. The rules would require existing coal-fired and new gas-fired power plants to dramatically curtail their carbon emissions in the years ahead. Stakeholders of West Virginia’s energy industries have said the rules are specifically designed to force coal-fired power plants to close — although numerous officials have said they expect the incoming Trump administration to scrap the rules entirely… “Sen. Shelley Moore Capito, R-W.Va., was recently elevated to No. 4 position in the GOP Senate leadership team and is slated to serve as chair of the U.S. Senate Committee on Environment and Public Works. Capito has also expressed confidence that an EPA run by Zeldin would not implement the rules as they were announced. “I think you’ll see this regulation and these rules that have come forward dramatically fall by the wayside, or be reshaped,” she told WV News.”
The Hill: Supreme Court to hear case Tuesday that could restrict bedrock environmental law
Rachel Frazin, 12/9/24
“The Supreme Court will hear arguments Tuesday in a case that could reduce the scope of one of the nation’s bedrock environmental laws,” The Hill reports. “The case deals with the National Environmental Policy Act (NEPA), which mandates that the government consider the environmental impacts of its actions before moving ahead with them. The court will weigh whether upstream and downstream impacts from a project should be considered as part of that process. The case could result in the court’s conservative majority significantly limiting which environmental impacts need to be evaluated in federal decisions. Environmental groups warn such a decision could pose risks for both the environment and public health. Sam Sankar, senior vice president for programs at Earthjustice, told reporters last week that the court could implement “a radical restriction of the way that the government evaluates the environmental impacts of its major decisions.” If it does so, he said, “the government will make decisions with far less information about environmental impacts and based on the history of environmental law, that will inevitably lead to more pollution, more health impacts, more loss of biodiversity and greater injuries to climate.” “...The case is expected to be particularly impactful for fossil fuel infrastructure and projects — as politicians have long debated, for example, whether and how to consider the climate impacts of the eventual use of these fuels when deciding whether to approve drilling and mining.”
New York Times: Clean Energy Program Races to Finish Work Before Trump Takes Over
Brad Plumer, 12/6/24
“...Now, the Loan Programs Office at the Department of Energy is hustling to get money out the door before Donald J. Trump returns to the White House,” the New York Times reports. “But some Republicans in Congress and advisers like Vivek Ramaswamy are already scrutinizing the loan office as they hunt for ways to slash federal spending. The conservative policy blueprint known as Project 2025 recommended that the loan office be “eliminated or reformed.” “...Yet the office has closed only $13.5 billion of the deals to date — the rest are conditional commitments that could be delayed or halted by a new administration… “Some experts wonder if a Trump administration might retain the program but reorient it to serve a different agenda. That could mean less money for electric vehicles, which Mr. Trump has bashed, and more money for technologies like carbon capture or geothermal, which some of Mr. Trump’s energy advisers have supported. “It’s very obvious that doing big things is a bipartisan effort,” Jigar Shah, an outspoken former solar entrepreneur who has called clean energy the “largest wealth-creation opportunity of our lifetime,” who has led the Loan Programs Office at the Department of Energy over the past four years and used its financial muscle to reshape the American energy landscape, told the Times. “I’m super excited about how much interest there is from the incoming administration to keep a lot of this going, whether it’s doing nuclear, enhanced geothermal, carbon capture, aviation fuels.” “...Some companies that haven’t finalized their loans say their projects should hold bipartisan appeal. In Indiana, Wabash Valley Resources is planning to produce low-carbon fertilizer by burying the emissions from its factory 7,000 feet underground. The company has received a conditional commitment for a $1.5 billion loan guarantee, but it might not be finalized before January. “I can see why some people worry, but we don’t worry,” Nalin Gupta, the company’s chief executive, told the Times. “We think this project will sell itself,” he told the Times, adding that it would help reduce ammonia imports from China and help revitalize a former coal community that was carried by Mr. Trump in November. Some lawmakers have criticized the loan office for picking up its pace. On Wednesday, three House Republicans sent a letter to Mr. Shah demanding that it “cease its campaign to quickly distribute federal funding before the incoming administration takes office.” “The last-minute drive to expedite loans exposes the federal government — and American taxpayers — to tremendous risk,” said the letter, which originated with Representative Cathy McMorris Rodgers, Republican of Washington, who leads the House Committee on Energy and Commerce.”
Heatmap: Biden Has Just 7 Weeks To Secure His Conservation Legacy
Jeva Lange, 12/5/24
“...Who knows if they’ll still talk about President Joe Biden then — in 700 years, he’ll be as deep in the past as Edward II of England is now. But if those ironwood trees are still standing, it could be because of him,” Heatmap reports. “Biden has called the fight against climate change the defining cause of his presidency, and he views conservation and the preservation of biodiversity as part and parcel of that legacy. His 30x30 executive order — which aims to set aside 30% of America’s lands and waters for conservation by 2030 — was a week-one priority once he took office. Among his best remaining opportunities to add to his tally would be the designation of Chuckwalla National Monument, a 660,000-acre stretch of desert south of Joshua Tree National Park that is home to one-fifth of the ironwood trees left in the world. The same goes for a sacred and culturally significant region in the southwest corner of California called Kw’tsán; about Sáttítla, a vulnerable volcanic landscape near Mt. Shasta; about the Owyhee, a million-acre Oregon watershed that sits in the crosshairs of mining and energy development; and about the homestead in Maine that belonged to Frances Perkins, the first woman to serve in the U.S. cabinet. The list goes on… “But Cummings of the Center for Biological Diversity believes there is only one way for Biden to cement his legacy in the remaining weeks he has in office. “Almost everything the president does gets forgotten,” he told Heatmap. “But the land that a president protects is forever.”
Associated Press: EPA hails ‘revitalized’ enforcement efforts as Biden administration heads to exit
Matthew Daly, 12/5/24
“The Environmental Protection Agency enhanced enforcement efforts this year, doubling financial penalties issued to polluters and issuing the first-ever arrest for a climate change-related crime, the agency said in a report Thursday,” the Associated Press reports. “The EPA said it concluded more than 1,850 civil cases, a 3.4% increase over 2023, and charged 121 criminal defendants, a 17.6% increase over the previous year. The “revitalized enforcement and compliance efforts” resulted in the reduction or elimination of more than 225 million pounds of pollution in overburdened communities, the agency said in its final report on Biden-era enforcement actions before President-elect Donald Trump takes office in January. The agency said it issued $1.7 billion in fines and penalties, more than double the 2023 total and the highest level in seven years. Bolstered by 300 new employees hired since last year, the enforcement program focused on “21st century environmental challenges,” including climate change, environmental justice and chemical waste, David Uhlmann, EPA’s assistant administrator for enforcement and compliance assurance, told AP. More than half the agency’s inspections and settlements involved poor and disadvantaged communities long scarred by pollution, reflecting the Biden administration’s emphasis on environmental justice issues… “With Trump set to return to the White House, Uhlmann told AP he hoped enforcement would not suffer, noting that a host of civil and criminal investigations begun in the past two years could bear fruit in 2025 and beyond.”
E&E News: Interior review sets up delay for offshore oil lease sale
Carlos Anchondo, 12/9/24
“The Interior Department advanced plans for offshore oil and gas drilling Friday by releasing a draft environmental review, though the next planned lease sale could be delayed until 2026 unless Republicans accelerate the timeline,” E&E News reports. “The new analysis from Interior’s Bureau of Ocean Energy Management is part of the federal oil and gas leasing program for the Gulf of Mexico. Interior’s current five-year offshore leasing plan, published last December, includes just three lease sales in the basin from 2025 to 2029… “But a tentative BOEM timeline posted online showed that a final environmental impact statement won’t be released until September 2025, with a record of decision in January 2026.”
Offshore Energy: As US Steps Closer To Next Gulf Of Mexico Oil & Gas Round, NOIA Boss Urges Rethink On Lease Sale Limit
Melisa Cavcic, 12/6/24
“The U.S. Bureau of Ocean Energy Management (BOEM) has made a move to set the stage for the next oil and gas leasing round for offshore acreage in the Gulf of Mexico (GOM) with the anticipated reveal of a draft programmatic environmental impact statement (EIS) for which it is seeking public comments,” Offshore Energy reports. “While this is seen as a step in the right direction by the National Ocean Industries Association (NOIA), it still took the opportunity to urge Congress and the incoming U.S. administration to reevaluate and revise the scaled-back program, which comes with only three lease sales up to 2029. Bearing in mind that the Inflation Reduction Act (IRA), which is said to have turbocharged renewables’ growth, prohibits BOEM from issuing a lease for offshore wind development unless the agency has offered at least 60 million acres for oil and gas leasing on the Outer Continental Shelf (OCS) in the previous year, the Department of the Interior (DOI) published the ‘2024-2029 National Outer Continental Shelf Oil and Gas Leasing Program’ in December 2023.”
E&E News: Huffman Set To Pick Up Dozens Of Endorsements For Top Natural Resources Democrat Spot
Josh Siegel, 12/8/24
“Two dozen House Democrats will endorse Rep. Jared Huffman to be ranking member of the Natural Resources Committee in a show of support as the Californian looks to head off an expected challenge from New Mexico Rep. Melanie Stansbury,” E&E News reports. “Huffman’s supporters, who collectively refer to themselves as ‘frontliners’ for having faced competitive races in their careers, are set to release a letter to the Democratic caucus Monday, a copy of which was shared with Politico. The signatories represent a broad geographical and ideological swath of the conference, including lawmakers from the Southwest and Arizona and several current or former Natural Resource Committee members. Among them are Reps. Greg Stanton (D-Ariz.), Julia Brownley (D-Calif.), Mike Levin (D-Calif.), Raul Ruiz (D-Calif.), Susie Lee (D-Nev.) and Chris Deluzio (D-Pa.). Huffman has so far been running uncontested after challenging the panel’s longtime top Democrat, Rep. Raúl Grijalva of Arizona, forcing him to bow out of the race.”
Washington Post: How billionaire Charles Koch’s network won a 40-year war to curb regulation
Justin Jouvenal, Jon Swaine and Ann E. Marimow, 12/8/24
“The 2019 Seafood Expo North America in Boston featured an oyster-shucking contest, whole squid on ice and some surprising attendees: attorneys from the powerful political network of Charles Koch, a billionaire who has spent decades and millions fighting government regulation,” the Washington Post reports. “They weren’t there for the seafood samples. They were fishing for fishermen, seeking stories of boat captains upset by federal regulations that would soon require herring fishermen to pay for onboard government monitors. The outreach demonstrated the unusually broad coordination by the Koch network to challenge a bedrock legal precedent that had touched many aspects of American life — from drugs and the environment to banking and workplace safety. That effort culminated in June when the Supreme Court struck down the principle known as Chevron deference, which for 40 years had required judges to give federal agencies significant latitude in implementing laws in areas where Congress did not give specific guidance. Other Supreme Court decisions last term garnered more attention, including on abortion pills and presidential immunity. But many legal experts say Chevron could be one of the most significant rulings of this generation because of its sweep. The legal precedent had been cited in more than 18,000 decisions over the past four decades. Its demise has unleashed a new flood of challenges to the regulatory power of federal agencies, and Elon Musk and Vivek Ramaswamy seized on it last month as a key tool in their quest to slash thousands of federal jobs and dismantle bureaucracy as part of the incoming Trump administration. This is the inside story of how a network of interconnected organizations — with common employees and funding from Koch and wealthy like-minded donors — spent years strategizing how to take down Chevron, ultimately finding the test case they needed to upend decades of precedent… “Koch-funded charities pumped nearly $18 million in recent years into the New Civil Liberties Alliance (NCLA) and Cause of Action, the public interest firms that brought the lawsuits. The battle against Chevron was often publicly portrayed as the saga of a group of scrappy fishermen taking on the federal government. Behind the scene, NCLA and Cause of Action drove the case, identifying the regulation to challenge, recruiting plaintiffs and drafting one lawsuit before the regulations went into effect… “Critics say dismantling agency guardrails will make America less safe, sicker and more polluted.”
STATE UPDATES
Salt Lake Tribune: Utah’s Public Lands Lawsuit Is ‘An Existential Threat’ To The Ute Indian Tribe, Lawyers Contend
Anastasia Hufham, 12/5/24
“Utah’s unprecedented argument against public lands is ‘an existential threat’ to the Ute Indian Tribe and its reservation, the tribe charges, accusing the state of attempting to mislead the Supreme Court,” the Salt Lake Tribune reports. “The state’s August filing asks the justices to determine whether it’s constitutional for the Bureau of Land Management to hold 18.5 million acres of public land in Utah that is ‘unappropriated’ for specific national sites or uses, such as parks or monuments. Utah describes its request as a single legal question, appropriate for the Supreme Court to hear directly. But the tribe argues “this case is exponentially bigger,” pointing to “Indian law issues that Utah seeks to hide from this court through misleading elisions and inaccurate disclaimers.” The tribe’s objections center on 1.5 million acres within the Uncompahgre Reservation, one of two historic reservations that make up today’s Uintah and Ouray Reservation in northeastern Utah.”
Cleveland.com: Before vote, 98% of 600 public comments say no to fracking state parks in Ohio
Jake Zuckerman, 12/8/24
“In October, commissioners delayed a decision on the two requests to open new land at Salt Fork for development, citing a high volume of public comments,” Cleveland.com reports. “A total of 324 individuals submitted the 585 public comments to the commission, an analysis of the comments found. Only three individuals voiced support for fracking across nine comments, one of whom was Ohio Department of Natural Resources Director Mary Mertz on behalf of the agency. The naysayers raised concerns that fracking endangers environmental and human health in the area; that its noisy and industrial nature will spoil otherwise peaceful and preserved green space; and the government shouldn’t further expand fossil fuel extraction given methane gas’ role in overheating the planet and worsening climate change.”
Mountain State Spotlight: Settlement with West Virginia landowners will force nation’s largest natural gas well owner to plug abandoned wells faster
Sarah Elbeshbishi, 12/9/24
“The nation’s largest owner of natural gas wells will have to more than quadruple the number of nonproducing wells it cleans up over the next decade as part of the multimillion-dollar settlement secured by West Virginia landowners,” Mountain State Spotlight reports. “Last month, a federal judge gave preliminary approval to the $6.5 million agreement to settle the class-action lawsuit over unplugged and abandoned wells. Under the settlement, Diversified Energy Company is required to increase the number of wells it plugs across West Virginia, Ohio, Kentucky, Pennsylvania, Virginia and Tennessee over the next 10 years. The company will now be responsible for cleaning up 2,600 wells across the six states by 2034 instead of just the 580 dictated by the company’s agreements with various state agencies. Two years ago, West Virginia landowners sued Diversified and its affiliates to force the companies to comply with state law and “promptly” clean up the abandoned wells left on their properties. In the initial complaint, the landowners alleged that the unplugged wells interfered with their enjoyment of their property and lowered its value as well as posing health and environmental risks… “The landowners also sued EQT Corporation, accusing the natural gas producer of fraudulently transferring ownership of several hundreds of nonproducing wells in West Virginia to Diversified in July 2018 and May 2020, according to the initial complaint. Both the Pittsburgh-based company as well as Diversified agreed to pay up to $3.25 million each into a settlement account, which will go toward funding the class notice, attorney fees and costs and awards to the named landowners in the case.”
Associated Press: Environmentalists Are Headed To Court Over Proposed Oil Well In Vulnerable Florida Watershed
Kate Payne, 12/5/24
“Environmentalists are heading to court to try to stop a plan to drill for oil in the watershed of a vulnerable north Florida river,” the Associated Press reports. “The challenge brought by the conservation group Apalachicola Riverkeeper against the state’s environmental protection agency comes as the department has faced a wave of pushback from advocates who argue the state is inadequately protecting public lands and waters. Apalachicola Riverkeeper is challenging a decision by the Florida Department of Environmental Protection to grant initial approval for exploratory oil and gas drilling in the Apalachicola River watershed, approximately 50 miles (80 kilometers) southwest of Tallahassee in the rural Panhandle region. The ecosystem is recognized as a global hotspot of biodiversity, with the highest species density of amphibians and reptiles in North America, according to UNESCO. In April, DEP issued a formal notice of its intent to grant an exploratory drilling permit to Clearwater Land & Minerals FLA, LLC.”
KDVR: Weld County ‘disappointed’ with lack of answers after environmental oil, gas data manipulation
Heather Willard, 12/5/24
“Weld County’s commissioners are speaking out after a state report alleged falsified information about oil and gas well remediation was submitted to the state, saying the delay in communication prevents the local government from assessing any potential health risks,” KDVR reports. “The state had information about incorrect data in July; information directly related to facilities in Weld County,” said Weld County Commissioner Chair Kevin Ross in a Wednesday release. “And they didn’t say a word until last week — that’s a problem.” The Energy and Carbon Management Commission announced last week that a preliminary investigation showed data manipulation between 2021 and summer 2024 affected soil, groundwater and inorganic and organic contaminant data for approximately 350 oil and gas locations, solely in Weld County. That means oil and gas waste could be impacting shallow groundwater and soil around Weld County, according to officials, and perhaps impacting residents’ health in the process. Commissioners sent a letter to ECMC officials on Monday, expressing the county’s “severe disappointment in the withholding of information regarding falsified data relating to oil and gas well remediation.” “...In the letter, Cavanagh also told ECMC that withholding information from the county “makes a mockery of the dual regulatory authority and protective responsibilities of ECMC and local governments over oil and gas activities.”
EXTRACTION
Washington Post: Why a two-year surge in global warmth is worrying scientists
Scott Dance and Ben Noll, 12/6/24
“As 2023 came to a close, scientists had hoped that a stretch of record heat that emerged across the planet might finally begin to subside this year. It seemed likely that temporary conditions, including an El Niño climate pattern that has always been known to boost average global temperatures, would give way to let Earth cool down. That didn’t happen,” the Washington Post reports. “Instead, global temperatures remain at near-record levels. After 2023 ended up the warmest year in human history by far, 2024 is almost certain to be even warmer. Now, some scientists say this could indicate fundamental changes are happening to the global climate that are raising temperatures faster than anticipated. “This shifts the odds towards probably more warming in the pipeline,” Helge Goessling, a climate physicist at the Alfred Wegener Institute in Germany, told the Post. One or two years of such heat, however extraordinary, doesn’t alone mean that the warming trajectory is hastening. Scientists are exploring a number of theories for why the heat is been so persistent. The biggest factor, they agree, is that the world’s oceans remain extraordinarily warm, far beyond what is usual — warmth that drives the temperature on land up as well. This could prove to be a temporary phenomenon, just an unlucky two years, and could reverse… “But some scientists are worried the oceans have become so warm that they won’t cool down as much as they historically have, perhaps contributing to a feedback loop that will accelerate climate change. “The global ocean is warming relentlessly year after year and is the best single indicator that the planet is warming,” Kevin Trenberth, a distinguished scholar with the National Center for Atmospheric Research, told the Post… “We can’t rule out eventually much bigger changes,” Hausfather told the Post. “The more we research climate change, the more we learn that uncertainty isn’t our friend.”
New York Times: Their Fertilizer Poisons Farmland. Now, They Want Protection From Lawsuits.
Hiroko Tabuchi, 12/6/24
“For decades, a little-known company now owned by a Goldman Sachs fund has been making millions of dollars from the unlikely dregs of American life: sewage sludge,” the New York Times reports. “The company, Synagro, sells farmers treated sludge from factories and homes to use as fertilizer. But that fertilizer, also known as biosolids, can contain harmful “forever chemicals” known as PFAS linked to serious health problems including cancer and birth defects. Farmers are starting to find the chemicals contaminating their land, water, crops and livestock. Just this year, two common types of PFAS were declared hazardous substances by the Environmental Protection Agency under the Superfund law. Now, Synagro is part of a major effort to lobby Congress to limit the ability of farmers and others to sue to clean up fields polluted by the sludge fertilizer, according to lobbying records and interviews with people familiar with the strategy. The chairman of one of the lobbying groups is Synagro’s chief executive. In a letter to the Senate Committee on Environment and Public Works in March, sludge-industry lobbyists argued that they shouldn’t be held liable because the chemicals were already in the sludge before they received it and made it into fertilizer. The lobbying has found early success. A bill introduced by Senators John Boozman of Arkansas and Cynthia Lummis of Wyoming, both Republicans, would protect sludge companies like Synagro, as well as the wastewater plants that provide the sludge, from lawsuits. A House bill has also been introduced… “The current lawsuits against Synagro don’t make claims under America’s Superfund law, which requires corporations to clean up toxic contamination. But that landmark law is likely to be central to future cases, because of the E.P.A.’s decision this year to designate two major kinds of PFAS as hazardous substances under the law. The industry’s lobbying seeks to inoculate Synagro and others from lawsuits, even over decades-old contamination.”
DeSmog: ‘A Valuable And Generous Ally’: How Exxon and Atlas Network Worked to Block Global Climate Action
Anne-Sophie Simpère, 12/9/24
“In March 1999, Alejandro Chafuen, then president of an international free-market coalition called Atlas Network, wrote to an executive at ExxonMobil (XOM) to offer the American oil major a friendly note of appreciation,” DeSmog reports. “On behalf of Atlas and the institutes it supports, we would like to thank you again for the Exxon Corporation’s generous contributions,” Chafuen stated, “and for the confidence you and Exxon have placed in us.” Included in the letter to William E. Hale of ExxonMobil’s public affairs department was a five-page summary of the global reach and diversity of the activities the corporation funded in 1998, “in whole or in part,” through donations to Atlas Network’s “Energy and Environment: Market-based Solutions”. Those activities encompassed conferences to address the “global warming scare,” international briefings from prominent climate deniers, and widespread distribution of a book aimed at preventing schoolchildren from becoming “smug crusaders” for climate action. Without Exxon’s financial support, the letter stated, “few of these accomplishments would have been possible.” “...Now a joint investigation by l’Observatoire des multinationales and DeSmog has revealed correspondence that provides new insights into the relationship between one of the world’s largest fossil fuel companies and a network that for decades has worked to advance support for extreme libertarian policies in governments, the media, and public opinion by shaping the “climate of ideas.” That long game has paid off not only by delaying global action to address the climate emergency, but by catalyzing the growth of a sprawling coalition of free-market think tanks worldwide. Some of them, including the Manhattan Institute, are now reportedly set to wield major influence over the policies of the second Trump administration… “The documents also open a window into how Atlas Network funnelled money from ExxonMobil to libertarian think tanks around the world, seeking to propagate corporate-friendly policies from behind a veil of objective analysis.”
Oceanographic Magazine: Effects of Japanese oil spill still felt in Mauritius mangroves today
Rob Hutchins, 12/5/24
“In August 2020, the Mauritian government called a national emergency after the Japanese bulk carrier, MV Wakashio ran aground, spilling an estimated 1,000 tonnes of oil into the ocean and leading to what scientists called “the worst environmental disaster Mauritius had ever faced,” Oceanographic Magazine reports. “Three years on, and researchers have concluded that the impact of the incident is still being felt today with oil still present – even now – in an environmentally sensitive mangrove forest close to important Ramsar conservation sites… “Lead researcher, Dr Alan Scarlett, from Curtin’s WA Organic and Isotope Geochemistry Centre in the School of Earth and Planetary Sciences, said the chemical ‘fingerprint’ of the oil found in the mangrove sediments was a “near-perfect match” for the Very Low Sulphur Fuel Oil (VLSFO) spilled by the Wakashio in 2020 – the first recorded spill involving this type of fuel… “It was discovered that the spilled oil had actually undergone substantial weathering and biodegradation in the three years since the accident and that this had removed or reduced the levels of many of its toxic compounds. “However, the ongoing presence of the oil still poses an unknown risk to the sensitive mangrove ecosystem,” said Dr Scarlett… “Understanding how far the oil may have travelled following the spill and which ecosystems and communities may have been impacted is crucial for clean-up strategies, future monitoring, restoration, and economic compensation for people affected by the spill. In addition, as so little is known about the behaviour of the VLSFO, what is discovered will have consequences globally on how to plan and respond to future spills of VLSFO.”
Reuters: Canadian oil province Alberta cleans up 5% of inactive wells in 2023
Nia Williams, 12/6/24
“The number of inactive oil and gas wells in Alberta, Canada's main fossil fuel-producing province, fell 5% in 2023 from a year earlier, showing progress in decommissioning and reclamation work, a regulatory report said on Thursday,” Reuters reports. “Alberta now has 79,000 wells classed as inactive versus 83,000 in 2022. Inactive wells no longer produce oil or gas and need to be permanently plugged and the land around them restored. Canada is the world's fourth-largest oil producer and sixth-largest gas producer, and its western provinces are dotted with hundreds of thousands of active and inactive wells. Some of those wells are orphans, meaning the companies that owned them have gone bankrupt or ceased to exist. Companies spent C$769 million ($548.23 million) directly on well closures. The Alberta government's Site Rehabilitation Program spent another C$174 million, and the industry-funded Orphan Well Association spent C$149 million.”
CLIMATE FINANCE
E&E News: Trump SEC pick wants to ditch landmark climate disclosure rule
Lesley Clark, 12/9/24
“President-elect Donald Trump’s choice to lead the Securities and Exchange Commission has been a vocal critic of the financial regulator’s recent effort to require companies to disclose their risks from climate change,” E&E News reports. “Paul Atkins, a Republican whom President George W. Bush named to the SEC in 2002, is best known as an advocate for cryptocurrency since leaving the commission in 2008. He’s also assailed the SEC’s controversial climate-disclosure rule as a burden to corporate America. Finalized in March under Biden SEC Chair Gary Gensler, the rule would require publicly traded companies to divulge details about the risks that climate change poses to their business. The SEC paused the rule in April amid lawsuits from Republican state attorneys general and a company led by Chris Wright, Trump’s pick for Energy secretary.”
TODAY IN GREENWASHING
Lakeland Today: St. Paul Search and Rescue receives $14,000 grant
Mario Cabradilla, 12/6/24
“St. Paul Search and Rescue (SAR) is expanding its drone fleet thanks to a $14,000 grant from Enbridge,” Lakeland Today reports. “...The efforts would not be possible without the strong support from the community, he adds. Community organizations, private donations, and businesses like Enbridge, help contribute to St. Paul SAR’s success,Vern Slonowski, president of St. Paul SAR, told Lakeland Today.”
OPINION
Cedar Rapids Gazette: Our fight against Wolf’s pipeline left us with a gift
Jessica Wiskus lives in rural Lisbon, 12/8/24
“The withdrawal of Wolf Carbon’s application before the Iowa Utilities Commission is celebrated as a “win” for all those in our community who, like me, have opposed the build-out of CO 2 pipeline infrastructure across our state,” Jessica Wiskus writes for the Cedar Rapids Gazette. “It is not often — indeed, does any other example come to mind? — that a group of rural neighbors defeats the aims of a multinational, multibillion-dollar corporation. Hundreds of us landowners stood together in publicly refusing to sign Wolf’s easements. There was no contiguous path by means of which a pipeline could be forced through our blockade. Yet this week’s victory comes after a long fight: three years — almost three years to the day (the first local meeting I organized against the pipelines took place on Dec. 4, 2021)... “But their withdrawal comes only weeks after news broke that, back in March of 2024, ADM’s carbon capture and sequestration facility in Decatur, Illinois — the ultimate destination of Wolf’s proposed pipeline — had leaked. Perhaps just as troubling as the leak itself, an EPA Administrative Order filed in mid-September of this year found that ADM had violated federal safe drinking water rules by failing to follow the provisions of their sequestration well permit. By the end of that month (and following yet another leak), ADM had halted their CCS operations altogether. The technology failed… “ADM’s own ”Carbon Reduction Feasibility Study” of 2020 concluded that carbon capture and sequestration was their worst possible option for carbon reduction, “due to the technology and energy needed.” “...It turns out that we landowners devoted the last three years of our lives to stopping a project that the executives who promoted it must have known was a false “solution.” “...Some of my neighbors passed away during the course of those three years, never to know that, ultimately, we would prevail. It is impossible to assign a measure to such costs that our community endured… “It seems, after all, that Wolf’s project gave us a gift. There are moments in life, I believe, that are like remarkable and clearly-mirrored waters — moments that display, for all to see, a true reflection of who we are in the world. This pipeline fight has been one of those moments. And who are we? Who are we, in Iowa? We are a people of fortitude, whose strength is to be found through a quiet but unfailingly generous love — love of land, love of community, love of faith — that surpasses the limits of each individual heart, leading us, uniting us, and making us free.”
Common Dreams: We Need A Real Path To Clean Energy, Not Dirty Fossil Fuel Deja Vu
Leslie G. Fields, Esq. is WE ACT for Environmental Justice’s chief federal officer. Based in Washington, D.C., she has worked for 30 years at the intersection of federal, state, local, and international environmental justice and environmental and civil rights law and policy, 12/6/24
“To achieve a “clean energy revolution,” we cannot replicate the injustices of our current and past energy systems. As the next administration promises massive increases for fossil fuel projects and near total removals of environmental protections and agency functions, we must hold the line and set a standard for the future we need and deserve,” Leslie G. Fields writes for Common Dreams. “The Energy Permitting Reform Act of 2024 (EPRA) (S. 4753) introduced by Sen. Joe Manchin (I-W.Va.) and Sen. John Barrasso (R-Wyo.), is being sold as a “necessary” and bipartisan path. But why does it feel so dirty, and so familiar? We’ve seen this before. There have been multiple attempts to advance legislation that weakens environmental protections and sacrifices vulnerable communities to fast-track energy projects driven by fossil fuel interests. As foreshadowed during previous attempts in 2022, “The industry will keep trying these secretive, last minute efforts to push forward dirty deals.” Unjust energy policies being marketed as for the “common good” is an age-old practice—as old as redlining, the industrial revolution, and earlier. Our energy systems have long been controlled by extractive, industry-driven forces, resulting in what is known as “fossil fuel racism.” Fossil fuel racism creates disproportionate impacts on people of color from the fossil fuel cycle and requires: Sacrifice zones, where the hazards of energy production and consumption are centered in disadvantaged communities; Disproportionate racialized impacts from climate change driven by fossil fuels; and Outsized industry influence in politics undercutting democratic spaces. So what’s different about EPRA? Nothing. Not only does it contain goals straight out of Project 2025, the American Petroleum Institute and “two dozen energy companies and trade groups’” lobbying reports mention EPRA by name. Though the bill alleges to improve energy projects’ approval processes, it does so through fossil fuel racism, with giveaways to big oil and gas while hurting vulnerable communities and the environment… “There are other legislative proposals that are designed to protect communities with significant support, such as the A. Donald McEachin Environmental Justice for All Act, which was written in partnership with environmental justice communities. This bill would cement key protections including cumulative impacts analysis; first, early, and ongoing engagement models; and civil rights and NEPA requirements. The Clean Electricity and Transmission Acceleration Act (CETA) similarly strengthens engagement through environmental justice liaisons facilitating relationships between project sponsors and communities.”
Toronto Star: As environment minister, I believed the oil sands sector would help us save the planet. I was wrong
Catherine McKenna is a former federal minister of environment and climate change, and infrastructure. Ms. McKenna is CEO of Climate and Nature Solutions and chair of the United Nations expert group on net-zero, 12/6/24
“In May 2016, I was leading intense negotiations between the federal government and the provinces and territories to secure Canada’s first national climate plan,” Catherine McKenna writes for the Toronto Star. “Suddenly, the news was everywhere: wildfires were raging out of control in Alberta, and headed straight for Fort McMurray — the heart of Canada's oil sands production… “In that moment, it felt like an unlikely consensus had emerged. The federal government, most provinces and even oil sands companies had seemingly come to understand that Canada had for too long been a laggard on climate and that for both environmental and economic reasons we needed to make meaningful promises on reducing our greenhouse gas emissions and to actually meet them… “Over the next four years, I worked very hard to collaborate with the oil sands sector. I really believed that the environment and the economy could go hand-in-hand and include a vibrant oil and gas sector. I was convinced that we could reduce emissions from the oil sands as part of an ambitious climate plan, finally showing to the world that Canada was committed to meeting our targets and doing our part to tackle the climate crisis. It turns out the consensus was a mirage. Or, more accurately, a sham. Maybe it shouldn’t have surprised me that our industry partners were working against us from the inside. After all, oil is their business, their bottom line. It was only after I left politics that I came to understand the truth: The oil sands sector and the politicians they sponsor aren’t just greenwashing a product. They are working to brainwash Canadians into buying a version of reality that no longer exists. One where oil will forever be the hero of the Canadian economy rather than an impediment to Canada’s future prosperity in a low carbon, climate-safe world… “The oil sands sector has been lying to us for years. They are not getting cleaner. They are not part of the solution.”
Earth.org: The Quiet Rise of Carbon Capture in Europe
Jean-Baptiste Vaujour is an energy economist, 12/9/24
“For all the discussions on abatement and mitigation, one truth remains central to our current climate conundrum: we do not know how to bring emissions to zero. Technical or economic barriers have yet to be overcome to fully decarbonise the economy but the planet does not have time to wait for us to figure out the equation. This is where carbon capture and storage comes in,” Jean-Baptiste Vaujour writes for Earth.org. “Capturing carbon emissions to store them in geological deposits such as the depleted oil and gas fields of the North Sea has long been anathema in the European Union. Safety concerns about the transportation and long-term sealing even led Germany to outright ban the technology until recently. At a more structural level, a deeply hesitant approach to the technology has always prevailed… “On the other hand, CCS has often been dismissed as a “magic bullet” in climate transition scenarios as the technology is not yet mature. As of 2023, just 37 CCS facilities existed worldwide, mostly for research and using vastly different technological options. Critics argue that investment in CCS diverts resources from more straightforward emissions-reducing efforts, like electrification. Yet a paradigm shift is silently taking place in Europe. Since the beginning of this decade, the EU Commission has been trying to pass legislation that would allow carbon capture to be valued on the European carbon market… “However, Europe has a critical role to play in developing CCS technologies as its carbon-neutrality agenda is the most advanced one. According to campaign promises, the US could be pulling out of the Paris agreement again in the near future, while China has committed to climate neutrality only in the second half of the century. This provides Europe with a strategic opportunity to develop a lasting first-mover advantage in this field, as a complement to an indispensable emissions reduction roadmap.”
Utility Dive: Regulatory red tape holds back the carbon capture opportunity in Texas
Matt Welch is state director at Conservative Texans for Energy Innovation, 12/6/24
“We all know Texas is the energy capital of America, and we know that our ability to lead the country in so many types of energy production — oil, natural gas, wind, solar, battery storage and soon geothermal — is often in spite of federal regulations that are designed to delay and obstruct. Thankfully, the incoming Trump administration has pledged to overhaul the federal bureaucracy and speed up permitting,” Matt Welch writes for Utility Dive. “President-elect Trump’s nomination of Lee Zeldin to lead the U.S. Environmental Protection Agency could restore sanity to an agency that is holding back billions of dollars in new investment — including the fast-growing carbon capture industry… “Now industry wants to expand that and permanently store CO2 in deep underground formations, in what are known as “Class VI” wells. Unsurprisingly, many Texas energy companies are proposing to spend big bucks to make this happen. The hurdle to doing so isn’t lack of funding or infrastructure. It’s the federal red tape… “Unfortunately, the EPA oversees the permitting for Class VI wells, and they haven’t issued very many permits. More than 150 applications for Class VI wells currently sit with the EPA, a more than 100% increase from last year… “But there is a better way: the EPA can delegate the oversight authority to states, known as “primacy,” which would streamline the permitting process. Currently, only three states have received primacy — Louisiana, North Dakota and Wyoming, and nine states are still in the queue. Texas began that process back in 2022… “We don’t need a new act of Congress or regulatory mandate to unleash the CCS opportunity. We just need someone to clear the regulatory backlog at EPA and let Texans get to work.”
Cleveland.com: Appalachian hydrogen hub is a dirty-energy boondoggle that should be canceled
Anti-fracking activist Randi Pokladnik is a lifelong resident of the Ohio River Valley and a retired Weirton Steel research chemist with a Ph.D. in environmental studies, 12/6/24
“In the fall of 2023, the Biden administration’s Department of Energy (DOE) announced a $7 billion investment in seven regional hydrogen hubs, to be financed through the Inflation Reduction Act. One of those hubs, the Appalachian Regional Clean Hydrogen Hub or ARCH2, will receive up to $925 million and see projects spanning the states of Ohio, West Virginia, and Pennsylvania. The future of ARCH2 is uncertain and may be affected by the incoming administration,” Randi Pokladnik writes for Cleveland.com. “After the initial announcements of projects, DOE promised there would be opportunities for community engagement -- but that has not happened. The Office of Clean Energy Demonstrations and the DOE held listening sessions about the hub this spring, and on Nov. 7, an open house was held in Dunbar, West Virginia. Open houses scheduled for Ohio and West Virginia have been postponed indefinitely. Very little technical information about the various projects has been released to the public, making it difficult for citizens to engage or comment on projects. As a result, on May 28, over 50 environmental organizations signed a letter created by the Ohio River Valley Institute (ORVI), asking the DOE to suspend negotiations on the Appalachian Regional Clean Hydrogen Hub until more information on the projects was released… “The Achilles heel of blue hydrogen is its reliance on carbon-capture-storage technology (CCS) to sequester carbon dioxide and store it in Class VI injection wells. CCS is expensive and ineffective. One example is the Gorgon facility in Australia which operated at a third of its capacity. The pipelines used for CO2 transportation can rupture and release concentrated carbon dioxide, which is an asphyxiant. A pipeline rupture in Satartia, Mississippi injured 45 people… “Economically speaking, hydrogen as an energy carrier is extremely expensive and thus requires significant subsidies. Each time an energy source is converted to another form of energy, energy is lost during the conversion. “It will always be more efficient to rely first on the direct use of renewable electricity wherever it is possible to do so,” argues a 2021 Earthjustice report… “Why gamble on there being a long-term market for hydrogen gas? It would make more sense to spend money on safe, affordable energy projects such as wind turbines, solar arrays, energy efficiency, and electrification of transportation.”
Truthout: Bipartisan Plan to “Reform” Energy Permits Is a Brazen Giveaway to Fossil Fuels
Basav Sen, 12/8/24
“...Senators Manchin and Barrasso, the American Petroleum Institute, and other supporters of these bills claim that there’s a crisis of energy availability, affordability and reliability in this country. And they blame that crisis on restrictive permitting processes for energy infrastructure. But none of this is true,” Basav Sen writes for Truthout. “The U.S. is a net exporter of both crude oil and its derivatives, as well as natural gas. We produce more than enough fossil fuels to meet domestic demand. Likewise, we generate enough electricity on a monthly basis to meet domestic demand. Our power grid is highly reliable, with infrequent, short service interruptions mostly attributable to distribution line problems (such as downed power lines during a storm). Even when energy availability crises do occur, insufficient generation capacity isn’t the cause… “The U.S. is a net exporter of both crude oil and its derivatives, as well as natural gas. We produce more than enough fossil fuels to meet domestic demand. Americans do experience energy affordability issues, but none of them have to do with permitting of energy infrastructure… “In addition to greenlighting more fossil fuel development, some backers of “permitting reform” also claim that weakening environmental standards will facilitate the rapid buildout of renewable energy and transmission lines for it… “Bureaucratic delays at grid operators and utilities, not environmental regulation, were the culprit here. Another key obstacle is understaffing and lack of capacity in permitting agencies. But more than 95 percent of renewable energy projects already face a streamlined federal environmental review process, or do not undergo review at all, because they usually aren’t polluting and controversial. There’s simply no credible evidence that restrictive environmental laws are causing delays in bringing renewable energy online… “The push for more fossil fuel infrastructure is contrary to science… “It’s also contrary to justice. Indigenous, Black, Brown and poor white communities have long borne the brunt of air and water pollution from the U.S. fossil fuel industry and the resulting health consequences. Adding to this burden would be outrageous. There’s no excuse to ease permitting for fossil fuels along with renewable energy… “Instead of gutting the National Environmental Policy Act and other environmental laws to benefit polluting energy projects, they should pass legislation that provides funding to permitting agencies to hire more staff with relevant expertise, and requires more transparency and community engagement. There’s already a bill that does exactly that. The job of those who care about the climate is to compel Congress to do it.”