EXTRACTED: Daily News Clips 4/10/23
PIPELINE NEWS
Associated Press: Federal order reached after Mississippi pipeline rupture
Pipeline Safety Trust: Department of Transportation’s PHMSA Issues Second Largest Civil Penalty in Agency History to Denbury Gulf Coast Pipeline LLC Following Disastrous 2020 CO2 Pipeline Leak in Satartia, Mississippi
Sioux City Journal: Judge's ruling stops short of allowing Navigator to survey Sioux Rapids property
Chicago Tribune: The company that wants to build a controversial carbon dioxide pipeline in Illinois is seeking fast-tracked approval that would skip public input
Iowa Capital Dispatch: Wolf proceeds with voluntary pipeline approach despite neighbors’ growing blockade
Iowa Capital Dispatch: Company touts carbon pipeline as safest transportation option
WHBF: Coalition to Stop CO 2 Pipelines to host program in Bishop Hill
CBC: When anarchists attack: How police say a peaceful, Indigenous-led protest over a B.C. pipeline was hijacked by violent outsiders
Globe and Mail: Pro-Russian hackers claim to have targeted Canada’s gas pipeline infrastructure: leaked documents
Women's Media Center: Pipeline Fight Puts Indigenous People in Canada at Risk
BK Reader: Keeping Greenpoint Green: National Grid Officially Ditches Fracked Gas Pipeline Plans in North BK
Mlive.com: 55-mile natural gas pipeline will pass through nature areas in Washtenaw County
Minnesota Reformer: The next act in the fight against Line 3? A museum on treaty rights
WASHINGTON UPDATES
The Hill: White House issues reforms to regulatory process
E&E News: Meet Biden’s new offshore energy chief
STATE UPDATES
Honolulu Star-Advertiser: Climate change suit by Hawaii keiki advances
Denver Gazette: Climate activists propose Colorado ballot initiative to ban oil and gas drilling by 2030
Nebraska Examiner: Nebraska, two partner states bid to be ‘hydrogen hub’ that could bring $1 billion in federal funds
Associated Press: Magnitude 4.0 earthquake recorded in central Oklahoma
KXNET: Oil frack fire lights up rural Mckenzie County
Louisiana Illuminator: Louisiana looks at uses for wasted methane from drill site leaks
Danville San Ramon: SRVFPD acquires state-of-the-art drone
EXTRACTION
New York Times: It’s Not Just Willow: Oil and Gas Projects Are Back in a Big Way
Forbes: Exxon Claims Low Carbon Revenue Could Be Bigger Than Oil - But Not For Now
Associated Press: Methane Big Part Of 'Alarming' Rise In Planet-Warming Gases
Midland Reporter-Telegram: Uncertainty, confusion continue to grow around methane tax
Reuters: Exxon eyes potential purchase of shale driller Pioneer -WSJ
Canadian Press: Energy executives say feds must make good on pledge to speed up project approvals
Australian Financial Review: Safeguard changes to kick forward carbon capture
CLIMATE FINANCE
NPR: Businesses face more and more pressure from investors to act on climate change
Reuters: Japan's three megabanks to face votes on climate change
Associated Press: Kansas passes anti-ESG bill, but it’s milder than some want
Financial Times: Nuns urge Citigroup to rethink financing of fossil fuel projects
OPINION
Globe Gazette: Thompson: Striking balance between ethanol and private property rights
Institute for Energy Research: The Saga of the Mountain Valley Pipeline Continues
The Hill: Energy decarbonization requires an all-of-the-above approach
The Hill: State courts are no place for climate lawsuits
Cleveland Plain Dealer: A cautionary tale on how to handle the likely oil-and-gas drilling rush in Ohio parks: editorial
Truthout: Water Is a Human Right. Let’s Create a Society That Affirms This
PIPELINE NEWS
Associated Press: Federal order reached after Mississippi pipeline rupture
4/7/23
“Transportation regulators entered into a federal order with a carbon dioxide pipeline company three years after its pipeline ruptured in a lower Mississippi Delta town, prompting the evacuation of hundreds and sending dozens of people to the hospital,” the Associated Press reports. “Over 40 people received hospital treatment, and more than 300 were evacuated on Feb. 22, 2020, after Denbury Gulf Coast Pipelines' 24-inch (61-centimeter) Delta Pipeline ruptured in Satartia, Mississippi. It released over 31,000 barrels of CO2. Residents who were sent to the hospital had symptoms of C02 poisoning and oxygen deprivation, according to a news release published by Pipeline Safety Trust, an advocacy group… “The order will require the company to meet compliance requirements, such as communicating with all first responders who would be responsible for responding to a pipeline incident. Denbury has already paid a $2.8 million penalty, the release said.”
Pipeline Safety Trust: Department of Transportation’s PHMSA Issues Second Largest Civil Penalty in Agency History to Denbury Gulf Coast Pipeline LLC Following Disastrous 2020 CO2 Pipeline Leak in Satartia, Mississippi
4/7/23
“The Department of Transportation’s Pipeline and Hazardous Materials Safety Administration (PHMSA) announced today that it had entered into a consent order with Denbury Gulf Coast Pipelines LLC over its 2020 carbon dioxide pipeline failure in Satartia, Miss.,” according to the Pipeline Safety Trust. “In 2022, PHMSA proposed a $3,866,734 civil penalty against Denbury for non-compliance associated with the failure. This March, Denbury and PHMSA settled on a penalty of $2,868,100, nearly $1 million under the initial proposal. On February 22, 2020, Denbury’s 24-inch Delta Pipeline ruptured in Satartia, MS releasing 31,405 barrels of CO2, causing the entire town to be evacuated and sending 45 people to the hospital. Residents sent to the hospital had symptoms of CO2 poisoning and oxygen deprivation. According to PHMSA, Denbury had several areas of non-compliance that exacerbated the failure’s effects on the community of Satartia. Most critical were that Denbury did not notify local responders to advise them of the failure (nor train them how to handle one before the incident happened), address the risks of geohazards to its pipeline system, or correctly determine the areas that could be affected by a CO2 release in its plume dispersion modeling… “However, it has been proven that Denbury did not meet with the Tri-Community Volunteer Fire Department because they did not believe a rupture on their pipeline could affect the community of Satartia. To make matters worse, Denbury objected and denied that it didn’t communicate with first responders during the incident. In reality, Denbury dispatched its own staff into the area and only came into contact with Satartia emergency officials because the local fire chief called the operator itself 42 minutes after Denbury knew the system may have failed. “Denbury had an obligation to liaise with first responders in areas they transport hazardous materials, and they didn’t follow through” Pipeline Safety Trust Communications Director Kenneth Clarkson said. “We hope that the consequences Denbury faces as a result of its failure to protect the public prevents devastating incidents like this one from occurring in the future.” In the consent order, PHMSA stated Denbury has now acknowledged that certain areas of its pipeline system, including the segment where the rupture occurred, as subject to geohazards it did not adequately prepare for.”
Sioux City Journal: Judge's ruling stops short of allowing Navigator to survey Sioux Rapids property
Nick Hytrek, 4/8/23
“A judge has ruled a liquid carbon dioxide pipeline developer satisfied legal notification requirements to survey a Sioux Rapids, Iowa, landowner's property,” the Sioux City Journal reports. “But District Judge John Sandy's ruling stopped short of granting Navigator Heartland Greenway's request for an injunction to access the property until a ruling is made on the constitutionality of Iowa's law giving pipeline companies the right of entry to private land to survey it. That issue remains scheduled for trial before Sandy on April 19 in Clay County District Court… “Sandy found that the U.S. Postal Service requires mail sent via restricted certified mail to be delivered only to the addressee, and Koenig received and signed for the letter… “Omaha attorney Brian Jorde, who is representing Koenig, told the Journal the ruling was not surprising and it doesn't give Navigator permission to do the survey, but that could be moot if the courts decide Iowa's right of entry law is constitutional. "If it's not constitutional, it doesn't matter if they mailed him the letter correctly or not," Jorde told the Journal. As Koenig's constitutionality trial nears, Navigator and Jorde both await a judge's ruling in a separate case involving Woodbury County landowners also challenging the state law. Like Koenig, Vicki Hulse denied surveyors entry to her land north of Moville and filed a constitutional challenge after Navigator took her and her husband, William, to court to obtain an injunction to gain access to the property. District Judge Roger Sailer in October denied Navigator's injunction request. Both sides returned to Sioux City on March 7 for a one-day trial to determine whether Navigator complied with notification requirements and if the right of entry law is constitutional. Sailer has yet to issue a ruling.”
Chicago Tribune: The company that wants to build a controversial carbon dioxide pipeline in Illinois is seeking fast-tracked approval that would skip public input
Nara Schoenberg, 4/10/23
“The company that wants to send part of a controversial 1,300-mile carbon dioxide pipeline through Illinois is seeking a fast-tracked permit from the U.S. Army Corps of Engineers that would not require public notification or input,” the Chicago Tribune reports. “The expedited permit process, which is supposed to take about 60 days, can help businesses and regulators by reducing delays and paperwork. But environmentalists — who discovered Omaha-based Navigator CO2′s pipeline permit application via a public records request — say that fast-tracking is intended for activities with minimal effects on waterways and wetlands, not massive interstate pipelines that carry a toxic substance and run under major rivers. “They’re exploiting, essentially, a weakness or a loophole in the program,” Lan Richart, co-director of the Champaign-based environmental group Eco-Justice Collaborative and a member of the Coalition to Stop CO2 Pipelines, told the Tribune. “Our concern is that there is absolutely no opportunity for public comment.” Navigator CO2 confirmed that it is applying for a fast-tracked permit, telling the Tribune in an email that the pipeline clearly qualifies as “the impacts to (waterways and wetlands) resulting from construction and operation are well below the established thresholds of (the permit.)” “Navigator has put significant effort into avoidance and minimization measures in its routing and installation methods to ensure minimal impact to natural resources,” the email said. The Army Corps has not yet determined whether it will consider the Navigator pipeline under the expedited permit process, according to an email from the Corps. Lan Richart and his wife, Pamela Richart, who is co-director of Eco-Justice Collaborative and lead organizer for the Coalition to Stop CO2 Pipelines, told the Tribune that they want a full environmental assessment of the pipeline, of the kind that would be required for a major highway or railway. Because the pipeline is a private project, supported by federal tax incentives but not funded with federal grants, it won’t automatically face that kind of scrutiny, they said.”
Iowa Capital Dispatch: Wolf proceeds with voluntary pipeline approach despite neighbors’ growing blockade
JARED STRONG, 4/7/23
“There is plenty of time to negotiate with landowners and enough wiggle room in Wolf Carbon Solutions’ proposed carbon dioxide pipeline route to avoid using eminent domain for the project, said Nick Noppinger, the company’s senior vice president of corporate development,” the Iowa Capital Dispatch reports. “Wolf is an anomaly among the three companies that want to build the pipelines in Iowa to transport captured carbon dioxide from ethanol plants for underground sequestration and other commercial purposes. The other companies — Summit Carbon Solutions and Navigator CO2 Ventures — have indicated in their filings with state regulators that they will seek eminent domain to gain land easements. Wolf says it will gain those easements voluntarily, and its pipeline is much shorter than the other proposals. Its application for a hazardous liquid pipeline permit in Iowa does not contain a request for eminent domain, although the company could amend its request to include it. “The intention as of now — and based on our discussions with landowners — is that we will not be using eminent domain,” Noppinger told Iowa Capital Dispatch in a recent interview… “The Wolf route was selected, he told the Dispatch, because it lies within four major urban areas where there are industries with significant greenhouse gas emissions. There is, however, a significant number of landowners who have publicly said they will not sign voluntary easements for the pipeline. An early March filing with the Iowa Utilities Board — submitted by affected landowner Jessica Wiskus — listed about 200 of those landowners in opposition. In a new filing by Wiskus this week, that number has grown to more than 250. “Everyone on the list has already decided where they stand in terms of this issue,” Wiskus told the Dispatch, “and we’re looking for a way just to be able to say, ‘No means no … don’t come back. We’re not interested.’” “...A tentative map compiled by Wiskus of that area shows a corridor of opposition that is nearly three miles wide in places — larger than Wolf’s current corridor.” “...There’s certainly some crossover of negativity to our project, which is really unfair,” Noppinger told the Dispatch. “But we’re doing all the right things to ensure that we can get this done without eminent domain.”
Iowa Capital Dispatch: Company touts carbon pipeline as safest transportation option
JARED STRONG, 4/7/23
“If ethanol producers intend to transport captured carbon dioxide away from their plants, pipelines are the optimal choice for safety, said Elizabeth Burns-Thompson, a vice president of Navigator CO2 Ventures,” the Iowa Capital Dispatch repots. “...Burns-Thompson defended her company’s project during an episode of Iowa Press, which was set to initially air Friday night and is available online. There are lucrative federal tax incentives for the plants to capture and sequester the carbon dioxide they would otherwise emit into the atmosphere… “There are other ways to ship out the carbon dioxide, including by truck, rail and barge, but “when you look at the safety record of all modes of transportation, pipelines are leaps and bounds (better) in terms of the factors of safety,” Burns-Thompson said. The other Iowa Press guest this week, Jessica Mazour, of the Sierra Club Iowa Chapter, pointed to a pipeline break in 2020 in Mississippi that sickened at least 45 people and prompted an evacuation of the area that affected about 200 people, according to the U.S. Department of Transportation. “These projects are not as safe as these pipeline companies say,” Mazour said. “And this kind of goes back to just the tactics that we’ve seen all three pipeline companies use. They’re willing to say or do anything to get their pipelines approved.” The Mississippi incident was largely caused by a lack of regular, visual inspections of the pipeline route, said Linda Daugherty, an administrator for the federal Pipeline and Hazardous Materials Safety Administration, in a presentation to Iowa lawmakers last month. There was obvious soil movement in the area of the Mississippi pipeline break that likely preceded the failure on Feb. 22, 2020… “Still landowners and some counties have grave safety concerns about the projects. Several counties have created their own restrictions for the pipelines which are being challenged in court. Burns-Thompson said Navigator representatives have been meeting with emergency responders this year to discuss the project and how a leak might affect specific communities. She said those conversations will lead to localized response plans, the potential acquirement of new equipment and training drills… “Mazour said the company has not done enough to ensure the safety of people along the proposed route. “We’ve spoken with quite a few (emergency medical services) people across the state who have not heard anything from any of the pipeline companies and feel ill-prepared,” Mazour said.
WHBF: Coalition to Stop CO 2 Pipelines to host program in Bishop Hill
Linda Cook, 4/8/23
“The Coalition to Stop CO 2 Pipelines will host a free program at 1 p.m. Sunday, April 16, at the Bishop Hill Creative Commons, 309 N. Bishop Hill St., Bishop Hill, to provide information about the proposed CO 2 Wolf Carbon Solutions/ADM Mt. Simon Hub pipeline, according to a news release,” WHBF reports. “The Mt. Simon Hub is the most recent pipeline proposed for construction in Illinois… “Spurred by the promise of billions of dollars in federal tax credits, private companies such as Wolf/ADM and Navigator are making plans to construct hundreds of miles of carbon dioxide pipelines across 22 Illinois counties and the Midwest… “Opposition to these projects is rapidly growing across Illinois as residents cite concerns over safety, crop loss, damage to soil and drainage systems, and the forced taking of land through eminent domain, the release says. On Sunday, April 16, members of the coalition will explain how CO 2 pipelines differ from oil and gas pipelines. They will discuss safety concerns for pipelines that carry an asphyxiant, versus a source of energy, and the dangers CO2 pipeline ruptures can have on the lives of humans and animals. Illinois farmers will share how pipelines permanently damage soil, sever drainage tiles, and reduce crop production. Speakers will discuss how residents across the state are coming together to oppose CO 2 pipeline projects, and how to organize to protect your family and community.”
CBC: When anarchists attack: How police say a peaceful, Indigenous-led protest over a B.C. pipeline was hijacked by violent outsiders
Rob Brown, Anusha Kav and Mia Sheldon, 4/10/23
“...Because while the incident on March 26 resulted in the alleged theft of a chainsaw and some unrelated arrests, what happened at the worksite on Feb. 17, 2022, was far more dangerous and destructive,” CBC reports. “During that attack, assailants swung axes into the side of security trucks, a police officer was injured in a booby trap and tens of millions of dollars in damage was done. But more than a year later, not a single suspect has been taken into custody. Now, for the first time since the 2022 attack, RCMP are revealing key details about the investigation to CBC News — including who they believe orchestrated the attack that night, how they escaped and how many suspects have been identified. According to the Mountie in charge of the investigation, a local group of peaceful protesters with environmental and Indigenous land rights concerns was infiltrated by outsiders with a different agenda. “We saw a number of people come into the protest camps that had been involved in previous protests elsewhere in the country, elsewhere in North America, that had a propensity to cause violence,” Chief Supt. John Brewer told CBC News. Brewer described the outsiders as “anarchists,” a small group of people who aren’t necessarily tied to each other but subscribe to an ideology aimed at causing chaos — in Brewer’s words, “targeting government, government facilities, government agencies, infrastructure.”
Globe and Mail: Pro-Russian hackers claim to have targeted Canada’s gas pipeline infrastructure: leaked documents
STEVEN CHASESENIOR, 4/10/23
“Hackers working with Russia’s spy agency claimed earlier this year to have disrupted operations at a Canadian natural-gas pipeline company, inflicting costly damage on its infrastructure, leaked Pentagon documents say,” the Globe and Mail reports. “...There is no evidence to date that a natural-gas pipeline company in Canada suffered such an attack, which the Pentagon documents suggest occurred earlier this year. Timothy Egan, president and chief executive of the Canadian Gas Association, which represents the natural-gas delivery industry, told the Mail he’s following the matter closely – after being contacted by an American journalist on the same documents. However, he told the Mail he is not aware of any compromised gas distribution infrastructure in this country or of an attack on it by hackers… “The leaked information, purportedly collected by American signals intelligence, or electronic interception of conversations, also said a Kremlin-aligned hacking group was in contact with Moscow’s Federal Security Service (FSB) and awaiting “further instruction.” The pro-Russian hacking group, known as Zarya, shared screenshots with FSB officers and claimed to have the capacity “to increase valve pressure, disable alarms, and initiate an emergency shutdown of an unspecified gas distribution station” in Canada, the leaked documents said. It said Russian operatives were monitoring Canadian news reports for indications of an explosion. “If Zarya succeeded, it would mark the first time the IC [intelligence community] has observed a pro-Russia hacking group execute a disruptive attack against Western industrial control systems,” one leaked document said.”
Women's Media Center: Pipeline Fight Puts Indigenous People in Canada at Risk
4/7/23
“At the 2021 Climate Summit in Glasgow, Canadian Prime Minister Justin Trudeau declared that Canada “would take a leadership role in the fight against climate change,” the Women's Media Center reports. “Yet nearly two years later, the country seems more unwilling than ever to abandon its entanglements with the fossil fuel industries, which are directly linked to the formation of greenhouse gasses. Instead, Indigenous matriarchs and land defenders in the western province of British Columbia have been leading the charge — standing on the frontlines of an ongoing battle to defend the land, water, and air on their traditional territories. However, by doing so, they are putting themselves in harm’s way. Defending the land places them consistently in the crosshairs of provincial judicial and carceral systems as well as in the sites of the guns of the Royal Canadian Mounted Police (RCMP). It is a fight few outside of Canada know about. Two of five pipelines in British Columbia that have been slated for construction are currently being built on unceded Indigenous lands.. “Canada is also known for its pristine tracts of wilderness and breathtaking landscapes —much of which would not have survived without the stewardship of Indigenous communities who have protected and nurtured them for millennia.”
BK Reader: Keeping Greenpoint Green: National Grid Officially Ditches Fracked Gas Pipeline Plans in North BK
4/7/23
“Multinational utility company National Grid has officially withdrawn its application for a permit that would have allowed for the construction of two liquefied fracked gas (LNG) vaporizers at the company's Greenpoint facility in North Brooklyn,” BK Reader reports. “The planned LNG vaporizers were supposed to be a part of National Grid's ongoing four-phase pipeline project. The utility company is looking to expand its fracked gas transmission pipeline in the North Brooklyn area. The No North Brooklyn Pipeline Alliance — a coalition in opposition of National Grid's pipeline expansion plans and has been fighting against it for the past few years — learned about the utility company's decision to pull the application via an email from the New York State Department of Environmental Conservation. “This has been an excruciating and complicated three-year fight on the segmented North Brooklyn pipeline. And the fight is far from over. The community continues to fight phases 1-4, that National Grid built and profiteered from before anyone even knew about it,” Margot Spindelman of No North Brooklyn Pipeline Alliance told the Reader. Prior to the permit application withdrawal, the LNG vaporizer expansion was potentially going to be located in close proximity to Cooper Park Houses, a New York public housing complex located in Brooklyn. “These vaporizers would have been installed a thousand yards from our community, where we live,” Elisha Fye, vice president of Cooper Park Residents Council, told the Reader. “We must start transitioning that 110 Acre National Grid facility near our homes to renewable energy and land restoration so we can breathe clean air.”
Mlive.com: 55-mile natural gas pipeline will pass through nature areas in Washtenaw County
Lucas Smolcic Larson, 4/7/23
“A $550-million Consumers Energy project to replace 1940s-era natural gas pipeline is getting underway in April, with its path passing through several large Washtenaw County natural areas,” Mlive.com reports. “Construction on the mid-Michigan pipeline replacement project that will last much of the year is set to get underway April 17, Consumers Energy spokesperson Tracy Wimmer told Mlive.com… “For much of the project, crews will use a technique called “parallel construction,” with the current 20-inch pipeline disconnected and left underground while new 36-inch lines are installed roughly 30 feet away, Wimmer told Mlive.com… “The Michigan Public Service Commission approved the project in 2020, finding the replacement pipeline would address corrosion issues, remove a bottleneck and provide for a more resilient and flexible natural gas system, according to the commission’s order on the matter. The MPSC also determined the pipeline wouldn’t detrimentally affect the environment or the state’s natural resources. Several landowners along the pipeline’s route have raised concerns about the route and its impact on their properties. The MPSC found Consumers had considered alternative routes, but the plan it proposed was the most reasonable, also directing Consumers to work with the affected parties.”
Minnesota Reformer: The next act in the fight against Line 3? A museum on treaty rights
COLLEEN CONNOLLY, 4/10/23
“A treaty between the United States government and the Ojibwe (or Anishinaabeg) signed in Washington, DC, nearly 170 years ago will be the main focus of a new museum set to open this summer in Park Rapids,” the Minnesota Reformer reports. “But far from being a history museum, the organizers behind Giiwedinong: The Museum and Cultural Center of the North say it will teach Minnesotans, both Indigenous and non-Indigenous, about the rights guaranteed to tribal members today, starting with those established in the 1855 Treaty which applies to land that includes Park Rapids. The museum was co-founded by Winona LaDuke, who recently stepped down as the executive director of the nonprofit Honor the Earth following a sexual harassment lawsuit against the organization. The new museum is partly an extension of the movement against the Line 3 replacement project. Indigenous pipeline opponents, who call themselves water protectors, argued the pipeline violates their rights to hunt, fish and gather on their ancestral land — rights guaranteed in most treaties in exchange for selling the land. Many Minnesotans, however, don’t know these rights exist in the first place. “Most people do not know about the reservations that were created in the (1855 treaty), the history of the ‘55, or the history of the land and the people of that territory,” LaDuke, who is a member of the White Earth Nation, told the Reformer. “Part of our obligation to the community is to tell our story of the land, of our ancestors and of the present people who are there.” “...In a jab at Enbridge, the Canadian company that built the pipeline, the museum will be housed in a former Enbridge office. Before that, it was a Carnegie library. LaDuke hopes the museum will restore the building to its former reputation as a place of enlightenment.”
WASHINGTON UPDATES
The Hill: White House issues reforms to regulatory process
RACHEL FRAZIN, 4/7/23
“The White House is forming the country’s regulatory system, announcing a new executive order and guidance that experts say could be used to justify both more and stronger regulations,” The Hill reports. “On Thursday, the White House released an executive order reducing the number of regulations that undergo a more rigorous White House review and promoting public participation from previously underrepresented groups at its Office of Information and Regulatory Affairs. It also released a new draft guidance document that changes how agencies calculate rules’ costs and benefits, with more emphasis placed on future costs and benefits. Billy Pizer, vice president for research and policy engagement at Resources for the Future — an energy and environment focused research organization — told The Hill the changes as a “pretty major overhaul.” “...However, the Chamber of Commerce, which represents various industries around the country, lamented the changes — saying they could lead to more aggressive rules… “Pizer told The Hill that the provision that gives more weight to events that happen in the future is particularly important for climate change regulations. “This is a huge issue for climate change because we have to reduce emissions now but the consequence of those reduced emissions are spread over centuries,” he told The Hill.
E&E News: Meet Biden’s new offshore energy chief
Heather Richards, 4/10/23
“More quickly than almost all of President Joe Biden’s political appointees, Elizabeth Klein became a target for her perceived hostility to oil drilling on public lands,” E&E News reports. “That perception two years ago sunk her nomination to help lead the Interior Department as deputy secretary. Instead, the veteran of past Democratic administrations stepped behind the scenes, advising Interior Secretary Deb Haaland on water policy issues… “As director of the Bureau of Ocean Energy Management, a job she started in January, Klein will play an important role in shaping how much oil drilling, and offshore wind farm construction, can happen in the waters off this nation’s shores for years to come… “In one of her first interviews as director, Klein downplayed the way she’s been portrayed by the political right, without shying away from her responsibility in carrying out the president’s climate policies. “My job here is to implement the president’s agenda and his priorities,” she told E&E. “He’s made clear that he thinks we have a responsibility to address what he’s called a ‘climate crisis.’ And so, I intend on doing that.” “...Klein’s influence over the nation’s massive offshore oil industry — responsible for roughly 15 percent of the nation’s oil supply — has already provoked some of her earlier critics. “Her history as a fervent opponent of oil and gas drilling hardly qualifies her as a neutral arbiter to develop our nation’s offshore resources,” Michael Chamberlain, the director of the conservative government watchdog Protect the Public’s Trust and who led Nevada communications for President Donald Trump’s 2016 campaign, told E&E after Klein was announced as BOEM director. But former colleagues have defended the longtime D.C. lawyer, telling E&E she’s far from the zealot painted by conservatives. They describe a cool-headed and seasoned policy operator who’s worked under four Interior secretaries and juggled some of the department’s thorniest issues.”
STATE UPDATES
Honolulu Star-Advertiser: Climate change suit by Hawaii keiki advances
Timothy Hurley, 4/7/23
“A Circuit Court judge ruled Thursday in favor of a lawsuit by 14 Hawaii youths claiming the state Department of Transportation is violating their constitutional rights by not doing enough to curb the emissions that are contributing to climate change,” the Honolulu Star-Advertiser reports. “Environmental Judge Jeffrey Crabtree rejected the state’s motion to dismiss the suit in a 12-page decision, saying the young plaintiffs “allege nothing less than that they stand to inherit a world with severe climate change and the resulting damage to our natural resources.” With Thursday’s ruling the case moves toward a September trial, which would make it only the second constitutional climate trial and second youth-led climate trial in U.S. history. Navahine F. v. Hawaii Department of Transportation is also the world’s first constitutional climate change case directed at stopping climate pollution from transportation systems, according to Earthjustice, whose attorneys are helping to represent a group of clients from age 10 to 20 from the islands of Hawaii, Oahu, Molokai, Maui and Kauai… “One of the young plaintiffs, 12-year-old Kaliko T. of West Maui, told the Advertiser she was excited by Thursday’s decision and looking forward to the opportunity of advancing climate action in Hawaii. She blames climate change for helping to fuel the power of former Hurricane Olivia, which made landfall on Maui as a tropical storm but caused floodwaters that destroyed her home in Honokohau Valley — even as her community was recovering from wildfires sparked by Hurricane Lane in 2018. “I don’t want anyone else to suffer the way I and my family have,” Kaliko, a seventh grader at Lahaina Intermediate School, told the Advertiser.”
Denver Gazette: Climate activists propose Colorado ballot initiative to ban oil and gas drilling by 2030
Scott Weiser, 4/8/23
“A coalition of environmental groups and activists is proposing a Colorado ballot issue to ban all permitting of oil and gas wells after 2030,” the Denver Gazette reports. “In a press release, the coalition announced that it has submitted language to the Colorado Legislative Council to place a ballot measure on the 2024 statewide ballot “to rein in fracking in Colorado.” The umbrella organization, Safe & Healthy Colorado, is self-described on its website as a “coalition of grassroots organizations born from the will of the people of Colorado and the visionary leadership of long-time local organizers.” The group said Gov. Jared Polis has reneged on a promise of “bold climate action” in the four years since he was elected and that about 1,000 new oil and gas wells are being permitted every year. “Emissions from oil and gas production and combustion are the #1 source of both our state's contribution to the climate crisis and our 'severe' ozone air pollution issues along the Front Range,” Micah Parkin, executive director of 350 Colorado — a member of the coalition — said in a press release. “We need to begin phasing out new permits for oil and gas fracking to protect our health, safety, and children’s futures.” Oil industry executives disagree, saying oil and gas will be needed for decades into the future and that a ban on drilling in Colorado would damage Colorado’s economy and harm consumers. “The proposed ballot measure should be a non-starter for Coloradans who have spent the past year suffering from high energy prices at home and at the pump,” Kait Schwartz, director of American Petroleum Institute Colorado, told the Gazette. “If one thing has become clear over the past year-and-a-half, it’s that the world will continue to utilize natural gas and oil for decades to come.
Nebraska Examiner: Nebraska, two partner states bid to be ‘hydrogen hub’ that could bring $1 billion in federal funds
CINDY GONZALEZ, 4/6/23
“A Nebraska lawmaker is seeking to muscle up the state’s bid to become a “hydrogen hub” — a designation that could bring more than $1 billion in federal dollars to the area to help produce, store and use clean energy,” the Nebraska Examiner reports. “Sen. Bruce Bostelman of Brainard said that Nebraska, in partnership with Iowa and Missouri, was among 33 of 79 applicants encouraged by the federal government to move to the next stage of the selection process. He is now asking lawmakers, via Legislative Bill 565, to allocate $500,000 for engineering and other work necessary to help manage the hub and lay the foundation for even more federal funding… “Nebraska has a tremendous opportunity to lead in the growing hydrogen economy — benefiting Nebraskans by creating new products and markets for our ag industry, providing high quality jobs, including in rural communities, and solidifying access to fertilizer as necessary for Nebraska and our region,” Bostelman told the Examiner… “LB 565 is an extension of sorts to legislation last year that created the state’s “hydrogen hub working group,” a team charged with applying for the designation… “The local working group includes representatives of companies including Monolith Materials, Werner Trucking, Union Pacific, Nebraska Farm Bureau, Tallgrass Energy and the Nebraska Public Power District. Courtney Dentlinger of NPPD described the hub as not one physical site, but rather a region — in Nebraska’s case, a three-state region — that would receive up to $1.25 billion from the federal government to accelerate the use of hydrogen as a clean energy.”
Associated Press: Magnitude 4.0 earthquake recorded in central Oklahoma
4/6/23
“A magnitude 4.0 earthquake was among a series of six tremors that struck central Oklahoma on Thursday morning, according to the U.S. Geological Survey,” the Associated Press reports. “No injuries or serious damage were reported following the quakes that also included a magnitude 3.3 temblor and began early Thursday near the town of Carney, about 40 miles (64 kilometers) northeast of Oklahoma City. The other quakes ranged from 1.6 to 2.3 in magnitude, according to the U.S.G.S… “Thousands of earthquakes of varying magnitudes have been recorded in Oklahoma during the past decade and have been linked to oil and gas production, particularly the underground injection of wastewater, which is a byproduct of oil and gas production. The Oklahoma Corporation Commission, which regulates the oil and gas industry in the state, is sending inspectors to investigate 15 injection wells, spokesperson Matt Skinner told AP. “We’ve identified the wells that might be suspect and will audit them” for both the volume of wastewater they inject and the pressure used to inject the liquid, Skinner told AP.”
KXNET: Oil frack fire lights up rural Mckenzie County
Brendan Rodenberg, 4/9/23
“A host of ambulances, police officers, and firefighters responded to an incident at 1:35 p.m. on Saturday afternoon, when a fire suddenly occurred at an oil frack northwest of New Town in rural McKenzie County,” KXNET reports. “KX has noted that the fire took place at an oil frack affiliated with NexTier Completion Solutions. While the majority of the flames have been extinguished, the area is still being monitored for hot debris or any other occurrences. “Safety is obviously our highest priority,” NexTier’s Executive VP and Chief Administrative Officer Kevin McDonald stated in a discussion with KX News’s digital team. “No injuries were reported, and thank God for that. It’s our understanding that the fire’s been contained, and the site’s now under the care of professionals.”
Louisiana Illuminator: Louisiana looks at uses for wasted methane from drill site leaks
WESLEY MULLER, 4/7/23
“Last June, a team of Spanish scientists from the Polytechnic University of Valencia used a European Space Agency satellite to uncover a huge methane leak at an offshore oil rig in the Gulf of Mexico,” the Louisiana Illuminator reports. “...The LSU Energy Law Center hosted a panel of climate and energy industry experts Wednesday who discussed the latest technologies and solutions to address methane leaks… “Panel member Audrey Mascarenhas, a chemical engineer who spent 35 years in the oil industry before starting her own company, Questor Technology, said many oil companies won’t produce and sell the gas either because it’s not economical or they don’t have the capital to invest in gas pipelines and equipment. Instead, they just waste the gas through venting and flaring, Mascarenhas said… “The Louisiana Department of Natural Resources has proposed a new regulation that would prohibit routine venting and flaring of methane from production facilities… “Mascarenhas’ Questor Technology offers patented equipment that converts methane to carbon dioxide. It might sound counterintuitive at first, but converting the methane into carbon dioxide is better than allowing the more harmful methane to escape, she told the Illuminator. The carbon dioxide can also be captured if the goal is zero emissions.”
Danville San Ramon: SRVFPD acquires state-of-the-art drone
Jeanita Lyman, 4/9/23
“The San Ramon Valley Fire Protection District has gained a new piece of equipment aimed at rapidly identifying and mitigating fires and pipeline hazards throughout the region,” Danville San Ramon reports. “...The purchase of the drone was funded by a grant to AIA from the U.S. Department of Transportation's Pipeline and Hazardous Materials Safety Administration for several pipeline emergency projects aimed at benefiting the whole county, District 2 Supervisor Candace Andersen and Alamo Improvement Association President Roger Smith told DSR.”
EXTRACTION
New York Times: It’s Not Just Willow: Oil and Gas Projects Are Back in a Big Way
Max Bearak, 4/6/23
“When the Biden administration greenlighted the enormous $8 billion Willow oil project on Alaska’s North Slope last month, many decried the move as a betrayal of the United States’ pledge to move away from fossil fuels in the fight against climate change,” the New York Times reports. “But an analysis of global data shows that Willow represents a small fraction of hundreds of new oil and gas extraction projects approved in the past year across the world, including many more in the United States. And in the coming months, dozens of additional projects are expected to be approved. The data reflect a surging fossil fuel industry that has rebounded to prepandemic levels of growth. Even though the past few years have seen many countries institute policies that encourage renewable energy, demand for fossil fuels remains high. Russia’s invasion of Ukraine drove up oil prices, contributing to record profits for fossil fuel companies, as governments scrambled to secure their energy supplies, sending prices soaring. “It’s a full bounce-back,” Espen Erlingsen, a partner at Rystad Energy, the research firm that provided the data, told the Times. “The future of this growth depends on policy. If the world wants to limit warming, it will have to limit demand for oil and gas because this industry can deliver this kind of volume for many more decades.” Much of the growth is taking place in traditional oil- and gas-producing nations such as the United States, Saudi Arabia and Norway… “In the United States, the fracking of shale rock beds for gas is resurgent, accounting for many times the level of investment and extraction as a project like Willow.”
Forbes: Exxon Claims Low Carbon Revenue Could Be Bigger Than Oil - But Not For Now
4/10/23
“Exxon Mobil is predicting that the market for low carbon clean energy is going to be worth trillions over the next decade,” Forbes reports. “...Not only that, but the executive in question, Dan Ammann, believes that clean energy could be worth more to Exxon than their ‘base business’ today. As part of this long term prediction, Exxon is allocating resources to a larger number of renewable energy products, including hydrogen fuel, biofuels and carbon capture… “Exxon’s have stated a commitment to this area of $15 billion between 2022 and 2027, and Chevron has plans for $8 billion worth of investment through to 2028… “As Dan Ammann stated in his message to investors, “The core oil and gas business, as we all know, sells into primarily a spot-commodity market, and as a result, is highly cyclical.” He also said that a move towards greater emphasis to more low carbon investments could produce more “stable and more-predictable margins and cash flow compared with a commodity market.”
Associated Press: Methane Big Part Of 'Alarming' Rise In Planet-Warming Gases
ISABELLA O'MALLEY, 4/6/23
“Methane in the atmosphere had its fourth-highest annual increase in 2022, the National Oceanic and Atmospheric Administration reported, part of an overall rise in planet-warming greenhouse gases that the agency called “alarming,” the Associated Press reports. “...The observations collected by NOAA scientists in 2022 show that greenhouse gas emissions continue to rise at an alarming pace and will persist in the atmosphere for thousands of years,” NOAA Administrator Rick Spinrad told AP. “The time is now to address greenhouse gas pollution and to lower human-caused emissions as we continue to build toward a climate-ready nation.” “...Scientists continue to discover that methane emissions from both the fossil fuels industry and the environment are largely underestimated. “We are confident that over half of the methane emissions are coming from human activities like oil and gas extraction, agriculture, waste management, and landfills,” Benjamin Poulter, NASA research scientist, told AP… “If this rapid rise is wetlands and natural systems responding to climate change, then that’s very frightening because we can’t do much to stop it,” Drew Shindell, Duke University professor and former climate scientist at NASA, told AP. “If methane leaks from the fossil fuels sector, then we can make regulations. But we can’t make regulations on what swamps do.”
Midland Reporter-Telegram: Uncertainty, confusion continue to grow around methane tax
Mella McEwen, 4/9/23
“Confusion and uncertainty reign when it comes to the pending methane emissions tax included in last year’s Inflation Reduction Act,” according to the Midland Reporter-Telegram. “There is concern that the tax will most heavily impact mid-size independent producers, as Grant Swartzwelder, president of OTA Environmental Solutions said. “Anyone below 25,000 tons, it won’t affect you. The large companies, because of their size and lobbying efforts, won’t be affected. It seems those in the middle ground are the ones to get impacted the most and possibly the most negatively,” he told Lee Fuller, officer, environment and general strategy with the Independent Petroleum Association of America during the monthly Oilfield Strong webinar… “Another concern is how the tax was enacted, Fuller continued. “If you look at this methane tax, it’s a very different animal, something that’s never been done before. The history of it is troubling – it was written in secret with no hearings, no reports written in committee or conference to explain how it will work. You have raw legislative language handed to the Environmental Protection Agency to implement.”
Reuters: Exxon eyes potential purchase of shale driller Pioneer -WSJ
4/7/23
“Exxon Mobil Corp has held preliminary talks with Pioneer Natural Resources Co about a possible acquisition of the U.S. fracking company, the Wall Street Journal reported on Friday, citing people familiar with the matter,” Reuters reports. “...Pioneer earlier this year denied a media report that it was considering an acquisition of smaller U.S. rival Range Resources Corp. Exxon declined to comment on the report.“
Canadian Press: Energy executives say feds must make good on pledge to speed up project approvals
4/10/23
“Canada’s oil and gas sector is hopeful the federal government will live up to its budget-day pledge to speed up the time it takes to build major infrastructure projects in this country,” the Canadian Press reports. “The Liberal government announced it will unveil a plan to speed up the federal permitting process for major projects before the end of the year. Oil and gas executives at a major conference held in Toronto welcomed the promise… “One group of oilsands companies has proposed spending $16.5-billion on a massive carbon capture and storage transportation line to help address the problem. But they say they’re concerned about Canada’s track record when it comes to getting energy infrastructure projects through the permitting process in a timely manner.”
Australian Financial Review: Safeguard changes to kick forward carbon capture
Angela Macdonald-Smith, 4/10/23
“The changes to the safeguard mechanism negotiated by the Greens are expected to give a boost to carbon capture and storage projects, but gas industry leaders say the controversial technology is still not getting the government backing it needs,” the Australian Financial Review reports. “Wood Mackenzie research analyst Anne Forbes said she suspects the revamped safeguard mechanism policy – passed by Parliament late last month – will unleash “a proliferation” of CCS projects in Australia. She told AFR that not only will gas producers need carbon abatement solutions to meet new net-zero requirements for gas fields developed for LNG, but all the other big industrial and mining emitters will also be subject to the mechanism. “CCS’ route to a viable revenue stream is clearer, and getting financial backing will potentially become easier,” Ms Forbes told AFR. But Santos chief executive Kevin Gallagher told Santos’ annual shareholder meeting last Thursday that Australia is lagging the US in progress on the rollout of the technology, which he expects “will be a requirement of all oil and gas projects in the future”. Mr Gallagher pointed to the Inflation Reduction Act introduced under the Biden administration last year, which increased the tax credits for CO2 that is permanently captured to $US85 ($127) per ton… “For whatever reason, the Australian government seems hesitant to ‘lean in’ on CCS projects,” Mr Ueda told AFR, in stark contrast with “most other nations.”
CLIMATE FINANCE
NPR: Businesses face more and more pressure from investors to act on climate change
Michael Copley, 4/9/23
“Every spring, shareholders in publicly-traded companies get to weigh in on how they’re run. It’s a chance for investors to vote on proposals to shape corporate policies for things like executive pay and political spending. But as the Earth heats up, annual shareholder meetings have become a battleground for activist investors who are pressing companies for more aggressive action on climate change,” NPR reports. “This year, shareholders filed around 540 proposals as of mid-February asking companies to address environmental, social and corporate governance issues, according to Proxy Preview. Resolutions focused on climate change accounted for about a quarter of this year's total, with the number increasing by about 12% from the same point in 2022. Investors want to know how companies are contributing to rising temperatures, and what they're doing about the problem. They're calling for executives and corporate boards to set targets for cutting greenhouse gas emissions, and then to report on their progress. And they want to know how businesses plan to keep making money as industries are reshaped by the push to cut emissions. The message to companies is, "set targets, issue plans, give us clear disclosure," Kirsten Snow Spalding, who leads investor initiatives at Ceres, a nonprofit focused on sustainability, told NPR. "And all of it is about, how are you addressing the risks and moving towards the opportunities?" Most resolutions are non-binding, but just introducing them has proven to be an effective tool for activist investors. Last year, shareholders withdrew a record 110 proposals that were focused on climate change after they struck deals with companies, according to Ceres. Another 15 climate resolutions that went to a vote at various corporations won majority support from shareholders. "The trend toward climate action is really on the rise," Spalding told NPR.
Reuters: Japan's three megabanks to face votes on climate change
Makiko Yamazaki, 4/10/23
“A coalition of climate groups are stepping up pressure on Japan's top three banks to cut financing linked to fossil fuels, filing shareholder resolutions to be voted on at the companies' annual general meetings in June, sources said on Monday,” Reuters reports. “The groups are targeting megabanks Mitsubishi UFJ Financial Group, Sumitomo Mitsui Financial Group, and Mizuho Financial Group, all key to financing oil and gas projects, the sources, who declined to be identified as the information is not yet public, told Reuters. The coordinated effort marks a step up from the past three years, when climate groups targeted one megabank each year, now calling simultaneously for action by the Japanese banks, seen as lagging their global peers in efforts to slash carbon emissions. The fresh push, led by Australia's Market Forces and Japan's Kiko Network, comes as institutional investors are increasingly pressing companies to do more to fight global warming.”
Associated Press: Kansas passes anti-ESG bill, but it’s milder than some want
JOHN HANNA, 4/6/23
“A proposal designed to thwart investing that considers environmental, social and governance factors has cleared the Kansas Legislature, but divisions within its GOP majorities kept the measure from being as strong as some conservatives wanted,” the Associated Press reports. “Lawmakers on Thursday approved a bill that would prevent the state, its pension fund for teachers and government workers and its cities, counties and local school districts from using ESG principles in investing their funds or in awarding contracts. Such investment strategies have become the target of GOP lawmakers across the country who argue they are focused more on pushing political agendas rather than earning the best returns. At least seven states, including Oklahoma, Texas and West Virginia, have enacted anti-ESG laws in the past two years… “Some conservatives lawmakers in Kansas wanted to require managers of private funds to either disclose to clients that ESG principles guide their investing or to get clients’ written consent to use ESG… “Supporters of ESG principles in investing argue that it’s financially more prudent to consider issues such as whether a shift to green energy makes investing in fossil fuel companies riskier. Last month, hundreds of investors, companies and institutions signed on to a “Freedom to Invest” statement arguing that ignoring “the robust economic benefits” of clean energy represented a failure to build a stronger economy… “Still, most of the Kansas debate centered on whether investment earnings drop when managers use ESG principles. Kansas State Treasurer Steven Johnson, who supports the bill, told AP: “We’re interested in the highest and best return for Kansas.”
Financial Times: Nuns urge Citigroup to rethink financing of fossil fuel projects
Attracta Mooney, Aime Williams, 4/9/23
“An order of nuns has called on Citigroup to repent and change its ways, accusing it of attempting to “minimise its role” in providing cash to a company involved in controversial oil pipelines in North America,” the Financial Times reports. “Ahead of Citi’s AGM on April 25, the Sisters of St Joseph of Peace, which owns a small stake in the bank as part of its wider investment portfolio, filed a resolution calling on the board to report on what it was doing to protect indigenous rights affected by its project and corporate financing decisions. In the resolution, the congregation and three co-filers, which are also religious groups, said Citi had “provided over $5bn to [pipeline company] Enbridge, enabling the widely opposed Enbridge Line 3 and Line 5 pipeline reroutes”... Citi has urged shareholders to oppose the nuns’ resolution, saying it is “untrue” it has financed the Enbridge Line 3 and Line 5 projects. But in a response filed to the regulator this month, the nuns claimed Citi provided $5bn to Enbridge between 2016 and 2020, which “enabled projects like Line 3 and Line 5”. In the case of Line 3, they argued Enbridge did not apply for financing specifically for the project and instead used general corporate financing to fund its operations. “Citigroup’s . . . statement makes claims about its financing activities related to Enbridge Line 3 and Line 5 pipeline projects in an attempt to minimise its role in enabling these projects.” The row is a sign that corporate financing has become a new battleground for activists and shareholders who want to stop banks from financing polluting industries.”
OPINION
Globe Gazette: Thompson: Striking balance between ethanol and private property rights
Rep. Mark Thompson Iowa House District 56, 4/7/23
“Farming and all agribusinesses in Iowa, including the ethanol industry, are important to our state's economy today,” Mark Thompson writes for the Globe Gazette. “...During this session I received many emails on both sides of the eminent domain bill, HF 565. Some emails implied that if a person doesn't support the CO2 pipeline, they don't support our ethanol industry. That is not the case. I was also inundated with emails stating the CO2 capture pipeline companies are threatening eminent domain, if landowners don't sign an easement agreement. Many landowners relayed incidences of harassment by some pipeline representatives… “However, those who choose not to, should not be forced to do so for the benefit of a private corporation. Our Constitution discusses only using eminent domain for public use such as gas, electric, roads, bridges and military...not for the profit of private industry. In my Environmental Protection Committee, we have had several experts speak to inform us of at least a couple options to capture, store and/or use our CO2 without digging a trench to North Dakota across some of the richest and most productive land. The bill (HF565) recently passed in the House by a large bipartisan vote to protect property rights… “This bill is not seen as perfect from either side of the issue, but is an attempt to strike a balance. It is not about opposing ethanol, but about opposing the use of eminent domain for private profit. It should be noted that the Wolf Industries pipeline is using existing easements to place their pipeline in northeast Iowa. They are not requesting any easements from landowners. A quote during debate: "My deep concern is if a private benefit is to be the standard as opposed to public use…then private property becomes meaningless in our state and no one can be secure in their property...It will open the flood gates of assault on our private property rights until they are about as meaningless as they can be...Our state flag has these words, 'Our liberties we prize, and our rights we will maintain,'" said Rep. Steve Holt.”
Institute for Energy Research: The Saga of the Mountain Valley Pipeline Continues
4/7/23
“The Fourth U.S. Circuit Court of Appeals vacated the West Virginia Department of Environmental Protection’s (DEP) water permit of the 303-mile Mountain Valley natural gas pipeline (MVP), supposedly finding multiple defects in its review of the project,” according to the Institute for Energy Research. “...Construction on the pipeline in West Virginia cannot resume until the West Virginia DEP reconsiders the permit required under Clean Water Act Section 401 to allow the crossing of streams and wetlands… “It is a major priority for Senator Joe Manchin of West Virginia, who tried to get permitting reform passed in Congress to avoid such issues from delaying energy projects such as the MVP that was originally scheduled for completion in 2018 and is now costing the company $6.6 billion, almost double the original estimate of $3.5 million… “Despite Senate Majority Leader Schumer promising to attach the proposed bill to government funding legislation, Manchin’s permitting reform went nowhere. Senator Shelley Moore Capito had an alternate bill that would also speed up the timeline for environmental reviews, which also went nowhere… “Permitting reform is clearly needed as evidenced by the data… “ Regulatory hurdles are clearly stymying growth in pipeline capacity and thus to natural gas production, which points to much-needed permitting reform for interstate pipelines and other energy infrastructure. The Mountain Valley Pipeline is still in limbo as the 4th Circuit court vacated its water permit from the West Virginia DEP, supposedly finding a number of violations… “Clearly, permitting reform is needed as these delays drastically increase project costs. In this case, it means Americans will have to pay more for natural gas. But since the current permitting process affects all energy forms, Americans are paying more for energy than they need to because of these delays and legal issues In the past, people complained about “red tape” tying up projects. Now, they can accurately complain about the “green tape” that is making their lives more difficult.”
The Hill: Energy decarbonization requires an all-of-the-above approach
Benji Backer is the president and founder of the American Conservation Coalition (ACC), 4/8/23
“Experts have long said that in order to have affordable, reliable and increasingly clean energy, we need an all-of-the-above approach to energy,” Benji Backer writes for The Hill. “...Similarly, to continue decarbonizing our energy grids at home and around the world, no solutions should be off the table. This was evident to me during a recent tour of The Southern Company’s National Carbon Capture Center in Wilsonville, Alabama. Some environmental groups have argued that carbon capture technology as a climate solution is simply a handout to fossil fuel companies… “At this time, however, a full transition is unrealistic and would lower quality of life for millions of people. Carbon capture technology, which is often used to capture carbon dioxide (CO2) as it’s being emitted from energy production, makes fossil fuel production cleaner, which is a significant step forward… “For all of the urgency within the environmental movement, there’s an unrealistic opposition to incremental progress. It seems some climate activists’ favorite phrase is “not enough,” a critique that they aim at nearly every climate initiative out there. It’s true that carbon capture alone is not enough to decarbonize the grid or solve climate change. No solution alone is. That’s why we need this all-of-the-above, everything-on-the-table approach. It’s the only strategy that will work.”
The Hill: State courts are no place for climate lawsuits
Donald J. Kochan is professor of law and executive director of the Law & Economics Center at George Mason University’s Antonin Scalia Law School, 4/7/23
“Should the mayors of cities such as Baltimore, San Francisco or Honolulu dictate national energy policy? Apparently, they think they should,” Donald J. Kochan writes for The Hill. “More than a dozen cities across the country have filed “public nuisance” lawsuits, claiming that a handful of large and profitable energy companies are responsible for climate change and should pay ruinous damages relating to the alleged effects of global warming in their towns. These lawsuits are even more ambitious than they sound. They seek flashy financial judgments and injunctive terms that will change national energy policy in ways no legislature ever would… “The federal courts have look askance at similar climate suits. But liberal cities and their trial lawyer allies rightly suspect they can secure big payouts and punishing injunctive terms in their own state courts. The legal fight just now is over venue: Should state courts adjudicate these nuisance claims? Or should the federal courts?... “And who ultimately wins in these lawsuits? Not the taxpayer and not the environment. No, the big beneficiary will be the trial lawyers who will reap huge legal fees for their work… “Several petitions are now pending before the Supreme Court to give the justices a chance to end these jurisdictional shenanigans. While the Court’s ruling could pave the way for these cases to be removed to federal court, in truth no court is a proper venue to adjudicate an issue as complex and far-reaching as global climate change… “Genuine international efforts coupled with bipartisan work by our elected representatives can address global climate change in a responsible way. Certainly, lower state courts, even federal courts, are not the proper forum for issues as complex as the warming of the planet. And singling out a handful of domestic energy producers for punishment while ignoring other industries and carbon emitters – including the plaintiffs in these cases – is simply not right or fair.“
Cleveland Plain Dealer: A cautionary tale on how to handle the likely oil-and-gas drilling rush in Ohio parks: editorial
Editorial Board, 4/7/23
“Ohioans may glean the plusses and minuses of fracking for gas and oil under Ohio’s state parks -- drilling the General Assembly effectively ordered in last year’s Substitute House Bill 507 -- by considering the fracking already authorized, via leases, by the 18-county Muskingum Watershed Conservancy District,” the Cleveland Plain Dealer Editorial Board writes. “...The Muskingum experience suggests some clear takeaways about what not to do, or what to guard against: Constant truck traffic, for one. And a landscape around Tappan Lake, as one example, “unmistakably changed by gas operations,” including associated pipelines, compression facilities and rigs. Lease pricing may also need a careful look. Although the Muskingum Watershed Conservancy District has collected “a towering $278 million” for oil and gas leases and royalty payments since 2011, and pulled in even more selling 1.2 billion gallons in surface water that “frackers” needed for hydraulic fracturing operations, does that fully and fairly compensate for other impacts? Those impacts include permanently removing water from the local watershed. After fracking contaminates it with chemicals, salts and heavy metals, the toxic water must be disposed of in deep-disposal injection wells… “Still, intrusions by fracking rigs and equipment outside but adjoining fracked areas of the conservancy mar rural quiet and country vistas… “Could the conservancy have flat-out refused to entertain oil-and-gas exploration altogether, if it had wanted to? That’s unclear, given Ohio’s industry-friendly oil-and-gas laws… “Still, the conservancy’s mineral leasing has exposed the infrastructural, truck-traffic and environmental downsides of fracking, too -- suggesting that, with park lands now a clear target for drilling, all safeguards, legal as well as technological. must be double-strength and maintained. Anything less risks a resource that belongs to all Ohioans. And that would be completely unacceptable.”
Truthout: Water Is a Human Right. Let’s Create a Society That Affirms This
Cherise Morris, 4/9/23
“...Without water, no life is possible. The Indigenous Water Protectors at Standing Rock echoed this sacred understanding, which was foundational to their cosmologies when they rallied around the phrase “Mní Wičóni” — or “water is life,” Cherise Morris writes for Truthout. “At the time, members of the Standing Rock Sioux Tribe and allies were attempting to block the construction of the Dakota Access Pipeline, a project they argued would compromise the safety of the water in the Missouri River, which supplies water to 320,000 people… “Indigenous spiritual frameworks and ways of understanding have always revered and protected water as the essential source of all life. Within the frameworks and structures of the prevailing capitalist system, however, water is nothing more than another resource to be extracted for profit… “In the midst of these industry-caused crises, the privatization of water has also become an increasing threat… “As federal spending on water infrastructure has remained relatively stagnant, state and local spending has dropped, and municipalities across the country are increasingly open to the idea of privatization. In places where water is not yet scarce, water affordability is a growing concern… “As people struggle with the daily effects of inflation and stagnated wages, they have to worry more and more about their water, where it comes from and how they’ll afford it… “A society that ensures the fundamental human right to water meets us from a perspective of love and compassion. One that denies and rejects the right of all to accessible, affordable and safe water perpetuates the most nefarious kind of violence. If a system will exploit and destroy the water, it will absolutely exploit and destroy human life. Water is a human right. Water is life. Water is love.”