EXTRACTED: Daily News Clips 9/25/23
PIPELINE NEWS
Sioux Falls Argus Leader: Federal agency denies pipeline routing authority in letter to Big Three carbon capture companies
Des Moines Register: Federal agency weighs in on counties' power to require carbon capture pipeline setbacks
Iowa Capital Dispatch: Local officials have potential to block carbon dioxide projects
InForum: Doug Burgum’s support for carbon pipelines could spell presidential campaign trouble in Iowa
Summerland Advocate: Decision on carbon pipeline conditional use permit continued until Oct. 5
Press release: Casten, Huffman Call for Safeguards for Carbon Capture Technologies
WBUR: Fossil fuel company wants to expand gas pipeline in Northeast
Terrace Standard: Workers’ strike notice threatens Coastal Gaslink Pipeline
Energy Intelligence Group: Mountain Valley Woes Make More Northeast Pipelines 'Unlikely'
World Oil: Texas regulator assesses over $1.5 million in fines against oil, gas operators
WASHINGTON UPDATES
E&E News: ‘False promise’: DOE’s carbon removal plans rankle community advocates
E&E News: Biden Broadens Use Of Social Cost Of Carbon
Bloomberg: Environment Plan For Wildlife Refuges Seen As Weapon Against Oil
The Hill: Court axes Biden move to shrink offshore oil auction
The Hill: Biden ESG rule survives challenge from 25 red states
E&E News: NRDC staffers fear looming layoffs
STATE UPDATES
Texas Tribune: Texas leads the nation in oil production. What about industry-related deaths?
EXTRACTION
Reuters: After U.N. meeting, countries brace for COP28 fossil fuel fight
DeSmog: Italian Oil Giant Eni Knew About Climate Change More Than 50 Years Ago, Report Reveals
TODAY IN GREENWASHING
Globe and Mail: With growing energy demand, ‘pipes and wires’ is the best pathway to net zero in Ontario
OPINION
InForum: Hennen: It's time for an adult conversation about the Summit Carbon Solutions pipeline
Observer-Reporter: Carbon capture and storage next big opportunity for Pennsylvania
The Messenger: What is Undermining Biden’s Climate Justice Promises
Counterfire: Building pipelines as Canada burns
Anchorage Daily News: Filling Alaska’s jobs pipeline
PIPELINE NEWS
Sioux Falls Argus Leader: Federal agency denies pipeline routing authority in letter to Big Three carbon capture companies
Dominik Dausch, 9/22/23
“The Pipeline and Hazardous Materials Safety Administration, a federal agency in charge of regulating pipeline safety standards, told three major carbon capture and sequestration companies that state and local governments have the authority to regulate the location and routing of their multi-billion dollar carbon dioxide pipelines,” the Sioux Falls Argus Leader reports. “In letters written Sept. 15 and addressed to the top leadership of Summit Carbon Solutions, Navigator CO2 and Wolf Carbon, all of which are planning to construct thousands of miles of sequestration pipelines in the Midwest, PHMSA said it cannot "prescribe the location or routing of a pipeline and cannot prohibit the construction of non-pipeline buildings in proximity to a pipeline. "Nothing in the federal pipeline safety law impinges on these traditional prerogatives of local—or state—government, so long as officials do not attempt to regulate the field of pipeline safety preempted by federal law," PHMSA Associate Administrator for Pipeline Safety Alan Mayberry wrote in the letters. Mayberry explained to the carbon executives PHMSA has the authority to regulate pipeline safety for their projects, and the safety standards of states and counties must be "at least as stringent as, and compatible with, the federal standards." However, Mayberry also effectively denied the agency has authority over state laws and county ordinances that specifically regulate the siting of carbon capture pipelines… ”Argus Leader reached out to all three companies to request comment on PHMSA's letter. Summit Carbon, the only company to respond immediately, did not answer questions regarding whether pipeline siting should be brought under federal jurisdiction but did indicate its agreement with Mayberry's letter… “Multiple counties in South Dakota, including Minnehaha County, have implemented setback ordinances in response to Summit Carbon and Navigator's pipeline plans, ranging from a few hundred to over a thousand feet in some areas. These ordinances, which do not specifically address pipeline safety, establish minimum distances in which proposed carbon dioxide pipelines must route around homes, schools and other populated areas. Navigator and Summit Carbon both attempted to argue these ordinances were preempted by state laws as part of their permit application — both of which were unanimously rejected in September — before the South Dakota Public Utilities Commission.”
Des Moines Register: Federal agency weighs in on counties' power to require carbon capture pipeline setbacks
Dominik Dausch, Donnelle Eller, 9/23/23
“Federal regulators have dipped their toes into controversy swirling in Iowa and neighboring states over how much power local governments have in determining where three proposed carbon capture pipelines can locate,” the Des Moines Register reports. “Some counties are requiring pipeline setbacks for cities, towns, schools, homes and businesses and other requirements ― measures at least two of the three would-be pipeline builders, Navigator CO2 Ventures and Summit Carbon Solutions, have argued are preempted by federal regulations. Inundated with questions, the U.S. Pipeline and Hazardous Materials Safety Administration sent letters this month to executives at Navigator, Summit and the other pipeline developer, Wolf Carbon Solutions, clarifying the roles of local, state and federal officials in the safety, siting, construction, operation and maintenance of the pipeline projects. The federal agency said “nothing in federal law impinges” on the “traditional prerogatives” of local or state governments “to regulate land use, including setback distances and property development” so long as “officials do not attempt to regulate the field of pipeline safety preempted by federal law.” “...The Iowa Farm Bureau Federation filed a motion Friday asking the Iowa Utilities Board, which is considering a permit request from Summit for the section of its pipeline across Iowa, "to take official notice" of the PHMSA letter. The large farm organization said the document provides guidance on local, state and federal governments' authority. Summit, asked to comment on the letter, did not answer questions regarding whether pipeline siting should be brought under federal authority but did indicate its agreement with the letter… “While welcome news to the counties, the letter doesn’t fully address the issues being debated in Iowa, Tim Whipple, a Des Moines attorney representing seven counties that have adopted setback requirements, told the Register. “They’re saying the federal law doesn't stop states and local officials from setting setbacks,” Whipple told the Register. “But that isn't the end of the question in Iowa. … The question now becomes, does state law allow counties to set setbacks?” Summit and Navigator have filed six lawsuits against counties in Iowa after local boards of supervisors adopted ordinances that require setbacks that the pipeline developers say preempt state and federal oversight. One lawsuit in Shelby County has been appealed to the U.S. Eighth Circuit Court of Appeals. The PHMSA in its letter also encouraged companies to share “appropriate information with state or local governments and emergency planners, which may include dispersion models or emergency response plans" that could "help stakeholders make risk informed decisions.” Several groups have pushed Summit to make public so-called plume modeling that would help residents better understand the impact of a pipeline rupture. Summit leaders, however, have said the federal government has encouraged the Ames company not to divulge the information in case “bad actors” seek to use it to vandalize the pipeline.”
Iowa Capital Dispatch: Local officials have potential to block carbon dioxide projects
JARED STRONG, 9/22/23
“Iowa cities and counties have the authority to restrict building permits for the carbon-capture facilities that would feed proposed carbon dioxide pipelines in the state, the Hardin County attorney argues in a recent state regulatory filing,” the Iowa Capital Dispatch reports. “That has the potential to empower local elected officials to restrict or block the controversial pipeline projects by depriving them of their sources of the greenhouse gas… “Summit’s permit was recently denied in South Dakota because it didn’t comply with ordinances that several counties adopted in response to pipeline proposals. That state allows the ordinances, but state regulators can overrule them… “Hardin County Attorney Darrell Meyer on Thursday asked state regulators to publicly clarify that the capture facilities are not part of the pipeline and are subject to local ordinances and permitting requirements. “I know not what impact this motion will have, but raising local awareness and transparency are always positive supports of good government,” Meyer told the Iowa Capital Dispatch. The revelation opens a new avenue for pipeline opponents to attempt to block the three projects currently proposed in Iowa, but would likely require a concerted effort by the cities and counties where the ethanol plants are located. “If they can’t get the capture facilities, Summit’s project is dead,” Wally Taylor, an attorney for the Sierra Club of Iowa, told the Dispatch. “It’s clear that counties or cities have the ability to require the capture facility to comply with the local zoning and land use requirements.” “...Hardin is in the path of two carbon dioxide proposals — by Summit and by Navigator CO2 — and some of its landowners have been among the most vocal opponents of the projects… “On Thursday, there was time for just nine of the 20 scheduled witnesses. Next week, more than 50 landowners are scheduled to testify over the course of three days, and the schedule doesn’t include all of the remaining landowners.”
InForum: Doug Burgum’s support for carbon pipelines could spell presidential campaign trouble in Iowa
Alex Derosier, 9/23/23
“North Dakota Gov. Doug Burgum has spent a good portion of his time on the presidential campaign trail in Iowa, where he’s been able to leverage his small-town Midwestern roots and familiarity with agriculture,” InForum reports. “...But his position on one issue of particular importance to rural voters could pose a challenge for his campaign. Disputes surrounding the construction of carbon dioxide-carrying pipelines are a hot-button issue in Iowa, and Burgum is a big supporter of one of the projects, which could be key for offsetting North Dakota’s climate change-linked greenhouse gas emissions. In 2021, Burgum made an unusual move for a Republican governor of a top oil-producing state: He called for North Dakota to become carbon neutral by 2030. How does a state that produces more than a million barrels of oil a day aim to offset its emissions? By piping in CO2 from other states… “Burgum is one of the project’s biggest cheerleaders. In the past, he defended using eminent domain to make landowners sell access for pipelines to developers. He defended the practice at an Iowa campaign event in July, the Des Moines Register reported… “Pipeline projects are highly controversial in rural Iowa, and polling suggests the vast majority of Iowans are opposed to the use of eminent domain to build them. A 2023 Des Moines Register poll found more than 3 in 4 Iowans oppose eminent domain use in carbon-capture pipeline projects… “At a campaign event earlier in September, Burgum clashed with a group of voters on the pipeline issue, according to an NBC report. One voter accused Burgum of being a supporter of eminent domain, a characterization the governor disputed. Pipeline opposition has led to unlikely alliances between landowners and environmental activists. Less than 10 years ago, both Iowa farmers and the Sierra Club found themselves opposing the construction of the Dakota Access Pipeline through the state. Now, they’re working together again to oppose the construction of pipelines carrying carbon dioxide out of the state… “Burgum has downplayed safety concerns about the pipelines in the past, telling the editorial board of The Bismarck Tribune that North Dakota has had pipelines operate safely for decades. He told the board that critics of pipelines are "Trying to turn carbon and CO2 into the devil element on the periodic table,” and that carbon sequestration could actually help solve major environmental problems.”
Summerland Advocate: Decision on carbon pipeline conditional use permit continued until Oct. 5
LuAnn Schindler, 9/21/23
“The saga of Summit Carbon Solutions and its quest for a conditional use permit for a carbon pipeline, proposed to cross the northern tier of Antelope County will continue,” the Summerland Advocate reports. “...Following a public hearing, held Sept. 14, in Neligh, and after discussion amongst county planning and zoning commission members, a decision will wait until Oct. 5, when the group is scheduled to reconvene at 3 p.m… “Brent Niese, project manager for the Ames, Iowa-based company, told planning and zoning board members that two additional ethanol plants have added to the $5.5 billion project and currently, 88% of landowners along the route in the county have signed an easement… “Antelope County is one of three Nebraska counties that require a conditional use permit hearing, per local zoning regulations. Both Stanton and Dakota county officials tabled a decision, hoping for additional information to become available.. Niese proposed that Antelope County could put conditions on the CUP, noting that the pipeline isn't approved unless it's approved in other states… “Approximately 10 individuals spoke in opposition to the proposed line, with reasons ranging from the need for carbon, safety concerns and the threat of eminent domain. Art Tanderup, of Neligh, suggested the board wait to see "how the situation washes out." "This is a difficult problem. As farmers, we love ethanol," Tanderup said. "I think what's happened here is we have a problem and we've been given one solution. We need to look at other solutions." “...Additionally, two letters of support, along with eight letters voicing opposition, were entered into record by county zoning administrator Megan Wingate. Following the hearing, Bob Krutz made a motion to table a decision… “Krutz asked what regulations are in place to ensure the company complies with the use permit… “Board member Ron Rice said the board should consider adding a condition dependent on a decision in Iowa… “Following approximately 20 minutes of additional discussion, commission members agreed they needed time to review all information presented. A motion to continue the meeting to Oct. 5, at 3 p.m., at the commissioners' meeting room was approved.”
Press release: Casten, Huffman Call for Safeguards for Carbon Capture Technologies
9/21/23
“Today, U.S. Congressmen Sean Casten (IL-06) and Jared Huffman (CA-02) sent a letter to President Joe Biden urging his administration to ensure strong safeguards are in place for the use of carbon capture utilization and sequestration and hydrogen technology. “While we have a range of views regarding carbon capture utilization and sequestration (CCUS) and hydrogen technology, we agree that infrastructure for these technologies should be deployed only with the highest environmental safeguards and would urge strongly against advancing deployment of these technologies without a safe and protective regulatory framework,” the lawmakers wrote… “How is the Administration reconciling the physics of CO2 removal from the atmosphere with congressional guidance that provide tax-advantages to technologies like Enhanced Oil Recovery that do not lead to a net reduction in atmospheric GHG concentrations? What mechanisms are being used to coordinate between the Council on Environmental Quality (CEQ), the Department of Energy (DOE), the Environmental Protection Agency (EPA), the Internal Revenue Service (IRS), the Pipeline and Hazardous Materials Safety Administration (PHMSA), and the other federal agencies involved in the deployment and regulation of CCUS and hydrogen technologies to provide for a coordinated whole-of-government approach to their collective work? What mechanisms are being used to ensure coordinated oversight of state implementation of CCUS and hydrogen programs? What mechanisms are being used to facilitate transparency and public input into the wide range of federal decisions involving the deployment and regulation of CCUS and hydrogen technologies? Is the federal government developing an agreed-upon government-wide definition of “permanent storage” of carbon dioxide (CO2)? Given the range of federal subsidies for CCUS and hydrogen technologies and infrastructure, what measures are being put in place to protect against the financial risk of unnecessary or overbuilt capacity and stranded assets? What measures are being used to ensure that private entities receiving federal support for the deployment of CCUS or hydrogen technologies and infrastructure will carry out their obligations required as a condition of that support?... “What measures are being taken by the EPA to ensure that CCUS- and hydrogen-related activities will not add to the environmental burdens of already-overburdened communities? What CO2 monitoring, verification and certification mechanisms will be put in place that can be used by EPA, the IRS, and other agencies?... “Will states be allowed to transfer liability from operators to the public by limiting liability for CO2 leaks to short periods of time (e.g., 10 years), given the geologic timescale for which climate-relevant sequestration must be ensured?... “Given that PHMSA currently only regulates CO2 pipelines if they transport CO2 as a supercritical fluid of more than 90% purity, how is PHMSA planning to regulate pipelines transporting CO2 as a gas or liquid with less than 90% purity? Is PHMSA considering requiring that odorants be added to CO2 and hydrogen, as required with natural gas? What measures are being taken by PHMSA to ensure that CO2 pipelines do not rupture or unzip? Is PHMSA considering establishing standards for the toxic and corrosive contaminants that may be present in the pipelines? Will PHMSA evaluate the interaction of multiple contaminates that could reasonably occur in gases added to pipelines from multiple sources and how those contaminates and interaction of these contaminates can impact pipeline safety?... ”What steps are the administration taking to ensure that first responders have resourses necessary to address unique issues of CO2 pipeline ruptures, such as the potential inoperability of respirators and vehicles with internal combustion engines?... “What is the IRS doing to prevent a repeat of the issues regarding the previous administration’s oversight of production tax credits available for CCUS, as identified by the Inspector General of the Treasury Department?”
WBUR: Fossil fuel company wants to expand gas pipeline in Northeast
Miriam Wasser, 9/22/23
“At a time when many states in the Northeast are actively trying to reduce their dependence on fossil fuels to help fight climate change, the company that owns a major natural gas pipeline in the region wants to expand the system and bring in more fracked gas,” WBUR reports. “Dubbed “Project Maple,” the proposal from Enbridge — a large Canadian energy company with fossil fuel infrastructure throughout the U.S. — would involve substantial upgrades on the Algonquin Gas Transmission line. This pipeline runs from northern New Jersey through parts of New York, Connecticut, Rhode Island and into Massachusetts, where feeds into the Weymouth Natural Gas Compressor Station and then connects to another pipeline north of Boston. Details about the proposed project remain vague, but according to documents from Enbridge, the upgrades would include replacing existing underground pipes with larger ones, running secondary pipe lines alongside existing ones and expanding some compressor stations along the route… “But for environmentalists, building new gas infrastructure is unnecessary and antithetical to the stated carbon reduction goals of many states in the region. “I’m skeptical of Enbridge’s claims that this project would be beneficial to the region,” Kyle Murray, the Massachusetts program director at the Acadia Center, told WBUR. “As we saw this past winter, with dramatic energy price spikes occurring in the natural gas market, our region is already over reliant upon natural gas for its heating and electric needs. Expanding this pipeline as the region is quickly moving to electrify its heating sources and develop more renewable generation makes little sense.” Nathan Phillips, a Boston University professor whose work often focuses on natural gas infrastructure, agreed. He called the Project Maple proposal “odious,” and told WBUR Massachusetts and other states in the Northeast “don’t need the extra capacity that [Enbridge] is calling for.”
Terrace Standard: Workers’ strike notice threatens Coastal Gaslink Pipeline
QUINN BENDER, 9/22/23
“In a move that threatens to derail the progress of a critical pipeline construction, hospitality workers at the Horizon North Parsnip Lodge near Prince George handed in a 72-hour strike notice today,” the Terrace Standard reports. “Represented by UNITE HERE Local 40, the 150-member workforce at Parsnip Lodge voted 95 per cent in favour of the strike on Sept 9. The lodge, a temporary home to as many as 1,200 Coastal GasLink pipeline workers, is set to close its doors permanently later this year once work on installing a section of the pipeline is finished. The hospitality workers are advocating for fair severance for years of service and the upcoming loss of their employment. With no alternative large-scale accommodations in sight, the union said, a strike could mean a significant delay in the pipeline’s completion. Owned by Trans Canada Energy, the pipeline will ship natural gas from Groundbirch in northeastern B.C. to Kitimat where it will be super-cooled into liquid form for export at the multi-billion dollar LNG Canada facility now under construction.”
Energy Intelligence Group: Mountain Valley Woes Make More Northeast Pipelines 'Unlikely'
Everett Wheeler, 9/22/23
“Equitrans Midstream’s latest move to shore up the finances of its Mountain Valley Pipeline (MVP) highlights another question developers face in building takeaway capacity out of Appalachia: Is it worth the cost?,” Energy Intelligence Group reports.
World Oil: Texas regulator assesses over $1.5 million in fines against oil, gas operators”
9/22/23
“The Railroad Commission of Texas assessed $1,632,973 in fines involving 417 enforcement dockets against operators and businesses at the Commissioners’ Conference on Tuesday,” World Oil reports. “...Operators were ordered to come into compliance with Commission rules and assessed $74,868 for any oil and gas, LP-Gas, critical infrastructure, or pipeline safety rule violations. Pipeline operators and excavators were assessed $918,750.00 for violations of the Commission’s Pipeline Damage Prevention rules.”
WASHINGTON UPDATES
E&E News: ‘False promise’: DOE’s carbon removal plans rankle community advocates
Jean Chemnick, 9/25/23
“The Biden administration has championed carbon removal projects as better neighbors than the pollution-spewing industries of the past,” E&E News reports. “But the Department of Energy’s first two candidates for its $3.5 billion direct air capture program have conducted an opaque early outreach process in the disadvantaged Louisiana and Texas communities where the projects would be built. Some residents and advocates tell E&E they feel shut out of a process that was intended to protect them… “But environmental justice groups in those areas tell E&E the announcement came as a surprise. They told E&E DOE and the two companies did scant outreach before the projects were selected and worry the window for the public to have its say has already effectively closed. “I think they’re working backwards,” Elida Castillo, program director of Latino activist group Chispa Texas, told E&E. Castillo is based in Corpus Christi, not far from the proposed Texas DAC site. “They’ve selected this location, and now the community engagement begins.” Direct air capture and carbon capture are crucial parts of President Joe Biden’s plan to slash the country’s planet-warming pollution and reach net-zero emissions by 2050. But the administration’s efforts to quickly deploy the technologies have created tension with environmental justice groups, which tell E&E such projects would prolong the life of the fossil fuel industries that have blighted low-income minority communities for decades… “DOE hosted an energy justice “roadshow” with stops along the Gulf Coast early this summer to tout a range of programs funded by recent climate and infrastructure legislation. Carbon removal was among them. But many advocates based in Louisiana and Texas say the next thing they heard was the department’s Aug. 11 announcement that it would move forward with the Occidental and Battelle projects. DOE, they told E&E, has been slow to provide project information to would-be host communities, let alone opportunities for input. “As a community, we are already last on the list,” Roishetta Ozane, an environmental justice advocate based in Louisiana’s majority-Black North Lake Charles neighborhood, told E&E. “...They’ve only engaged with our police, City Council, mayor, you know, the governor. They have not engaged with community members as of yet…The issue with not consulting with the community from the beginning stages is that the community didn’t have the opportunity to say whether or not they even want this project in their community in the first place,” Ozane told E&E. Like many environmental justice advocates, she sees carbon removal and capture as a false solution that could extend the life of fossil fuels.”
E&E News: Biden Broadens Use Of Social Cost Of Carbon
Jean Chemnick, 9/22/23
“The Biden administration announced plans Thursday to consider climate costs in a much broader swath of government policies and decisions than ever before — including how the federal government wields its massive buying power,” E&E News reports. “The social cost of greenhouse gases — a metric for the climate damage done by a ton of carbon dioxide or methane as it enters the atmosphere — has been a regulatory staple for years. But on Thursday the president ordered agencies to get ready to use it consistently in a host of other government activities — including annual budgets, permitting decisions and foreign assistance programs. Biden also asked agencies to start laying the groundwork to build climate costs into government procurement. “As the world’s single largest purchaser — spending over $630 billion per year on goods and services — the federal government has the ability to move markets, invest in new ideas, and act as a model contracting partner,”’ the White House said in a statement. In the short term, it said, considering the social cost of climate change would save taxpayers money by reducing federal energy bills. In the longer term, it would help stave off “the most catastrophic effects of the climate crisis.”
Bloomberg: Environment Plan For Wildlife Refuges Seen As Weapon Against Oil
Bobby Magill, 9/22/23
“An expected new rule promoting biological diversity and environmental health within the National Wildlife Refuge System could be used to discourage oil and gas drilling on the Arctic National Wildlife Refuge, environmentalists say,” Bloomberg reports. “The US Fish and Wildlife Service will soon propose new regulations to promote ‘biological integrity, diversity and environmental health’ on all lands within the country’s 588 national wildlife refuges. The agency expects to publish the draft regulations sometime this fall or early winter, spokeswoman Christine Schuldheisz told Bloomberg. The regulation will affect every state, where land to be protected within national wildlife refuges totals about 90 million acres—an area roughly three times the size of New York State. Most of the acreage of the National Wildlife Refuge System is within Alaska. The proposed rule will be based on language in the National Wildlife Refuge System Administration Act of 1966 and a 1997 amendment that direct the agency to safeguard the ‘biological integrity, diversity, and environmental health’ of refuges for future generations, the agency said in its Office of Management and Budget notice.”
The Hill: Court axes Biden move to shrink offshore oil auction
RACHEL FRAZIN, 9/22/23
“A federal court is ordering the Biden administration to move forward with an auction for the rights to drill for oil and gas offshore without taking steps to protect endangered whales,” The Hill reports. “Judge James Cain Jr., a Trump appointee, issued an injunction blocking the administration from removing 6 million acres from an upcoming offshore oil and gas lease sale. The Biden administration said last month that it would offer up the rights to drill on 67 million acres in the Gulf of Mexico. It excluded the additional 6 million acres and added a stipulation restricting ship activity as a result of an agreement with environmental groups aimed at protecting the Rice’s whale. There are probably fewer than 100 Rice’s whales remaining, according to the National Oceanic and Atmospheric Administration, which describes the species as “one of the most endangered whales in the world.” After the lease sale was shrunk, the state of Louisiana, as well as oil giants Chevron, Shell and the American Petroleum Institute sued. The court’s move came in response to those lawsuits. Specifically, the court blocked the removal of the acres from the sale and also prevented the administration from implementing the ship stipulation… “The injunction is a necessary and welcome response from the court to an unnecessary decision by the Biden administration,” Erik Milito, president of the National Ocean Industries Association, told The Hill.
The Hill: Biden ESG rule survives challenge from 25 red states
ZACK BUDRYK, 9/22/23
“A federal judge sided with the Biden administration Thursday on an administration rule that would allow retirement advisers to include climate and environmental factors in their calculations,” The Hill reports. “In the ruling, Judge Matthew Kacsmaryk of the Northern District of Texas, a Trump appointee, granted the administration’s petition to dismiss a lawsuit by 25 Republican state attorneys general, led by Texas’s Ken Paxton and Utah’s Sean Reyes. Kacsmaryk’s 14-page ruling rejects the red states’ argument that the environmental and sustainable governance (ESG) rule violates the Administrative Procedure Act and the Employment Retirement Income Security Act, which regulates retirement plans. He wrote that the Biden administration rule still complies with those statutes, because it prioritizes financial considerations over environmental ones and thus has no “overarching regulatory bias in favor of ESG strategies.” “...We are evaluating next steps, including potential appeal. We will continue to fight on all fronts to protect the interests of investors and all Utahns against the ESG agenda,” a spokesperson for Reyes’ office told The Hill.
E&E News: NRDC staffers fear looming layoffs
Robin Bravende, 9/22/23
“Staff at the Natural Resources Defense Council publicly shared concerns Friday about the organization’s workplace culture and expressed fears about possible layoffs at the green group,” E&E News reports. “A union representing NRDC employees sent a letter Friday to the group’s president and CEO, Manish Bapna, asking that the group voluntarily recognize the Washington-Baltimore News Guild — part of Communication Workers of America — as the staff’s collective bargaining representative. Separately, the NRDC union’s organizing committee sent a letter to Bapna and NRDC’s leadership team laying out concerns about the green group as a workplace. “Many staff currently feel that their dignity and wellbeing — or that of their coworkers — is not being adequately considered in today’s climate at NRDC,” the letter said. “Staff have expressed concerns around fair and transparent compensation, career development, NRDC’s commitment to equity in its advocacy, and, critically, its treatment of staff of marginalized communities.” Staff also wrote that “layoffs are expected to occur as soon as next week; yet neither the criteria for selection, the terms of severance, nor the number of those impacted have been revealed to us.”
STATE UPDATES
Texas Tribune: Texas leads the nation in oil production. What about industry-related deaths?
CARLOS NOGUERAS RAMOS, 9/25/23
“A new report from the Centers for Disease Control and Prevention offers the oil and gas industry, federal workplace regulators and state policy makers a starting point to better understand the fatal risks that come with extraction,” the Texas Tribune reports. “The first-of-its-kind, the study relies on federal workplace data from 2014 through 2019 and was released earlier this month, tracked a total of 470 deaths among industry workers across the U.S. and found that vehicle crashes and being hit by an object while on the job were the leading contributing factors of death. Other factors that contributed to death include explosions, falls and exposures to harmful substances. Texas — which is the nation’s largest oil producer — leads the U.S. with most deaths, 219, followed by 48 deaths in Oklahoma. The CDC tracked 39 deaths in North Dakota during the same five-year span… “The findings offer the first, albeit limited, window into the risks involved in oil and gas extraction, an area of study that researchers at the CDC hope to further investigate. The report is based on data from the Occupational Safety and Health Administration, media reports, and notifications from professional contacts. The authors noted that the data on self-employed workers was limited. The research also does not account for deaths from chronic illnesses contracted from working in the industry. And they also suggest that vehicle-related deaths are underreported due to a lack of federal jurisdiction in tracking those deaths on public roads.”
EXTRACTION
Reuters: After U.N. meeting, countries brace for COP28 fossil fuel fight
Valerie Volcovici and Kate Abnett, 9/25/23
“With two months left until the U.N.'s COP28 summit, countries are far from bridging the gap between those demanding a deal to phase out planet-warming fossil fuels and nations insisting on preserving a role for coal, oil and natural gas,” Reuters reports. “The COP28 conference in Dubai scheduled between Nov. 30 and Dec. 12 is seen as a crucial opportunity for governments to accelerate action to limit global warming, yet countries remain split over the future of fossil fuels - the burning of which is the main cause of climate change… “Other countries that produce or rely on fossil fuels emphasised the potential use of technologies to "abate" - meaning capture - their emissions, rather than ending the use of such fuels completely. Saying that "the phase down of fossil fuels is inevitable," the United Arab Emirates' incoming COP28 President Sultan Al Jaber told the summit: "As we build an energy system free of all unabated fossil fuels, including coal, we must rapidly and comprehensively decarbonize the energies we use today." “...Given the divisions over the future of fossil fuels since more than 80 countries unsuccessfully pushed for a deal on a phase-down at last year's COP27 summit, negotiators are turning to new terminologies in search of a compromise. In what appeared in April to be a possible breakthrough, the Group of Seven industrialised nations agreed to speed up the "phase-out of unabated fossil fuels". By inserting "unabated" before fossil fuels, the pledge targeted only fuels burned without emissions-capturing technology… “Ireland's Climate Minister Eamon Ryan told Reuters the question of phasing out all fossil fuels or just the emissions would likely be the trickiest issue at COP28. "Some people are rightly fearful that that could just be a carte blanche to continue the exploration of oil and gas and coal," Ryan told Reuters, of the debate around emissions capturing technology.
DeSmog: Italian Oil Giant Eni Knew About Climate Change More Than 50 Years Ago, Report Reveals
Stella Levantesi and Benjamin Frantaon, 9/24/23
“Italian oil major Eni knew of the climate impacts of fossil fuel extraction since 1970, according to a report by Greenpeace Italy and advocacy group ReCommon shared with DeSmog. The report comes four months after the two organizations announced a lawsuit against the company alleging Eni used “lobbying and greenwashing” to push for more oil and gas production, despite having known about the risks fossil fuels posed over the past 53 years. The two groups had previously unearthed a 1970 report by Eni’s Isvet research centre that warned of the “catastrophic” climate risk from the build-up of carbon dioxide (CO2) caused by burning fossil fuels. They also found a 1978 report produced by Eni’s Tecneco company that included a projection of how much atmospheric CO2 levels would rise by the turn of the 21st century. But, until now, compared to other oil majors, relatively little evidence was uncovered that Eni had longstanding knowledge of the damage its fossil fuel products would cause. “Our investigation shows how Eni joins the long list of fossil fuel companies that, as emerged from numerous international investigations conducted in the recent years, were aware at least since the early 1970s of the destabilizing effect of coal, gas, and oil exploitation on global climate balances, due to greenhouse gas emissions,” Felice Moramarco, a communications strategist with Greenpeace Italy, who coordinated the research for this report, told DeSmog. “If we find ourselves today in the midst of a climate crisis that threatens the lives of each and every one of us,” he added, “the responsibility falls mainly on companies like Eni, which have continued for decades to exploit fossil fuels, ignoring the alarming and growing warnings from the global scientific community.” “...The findings add to the existing body of research that fossil fuel companies have been aware of the climate risks of burning fossil fuels since at least the 1970s and 80s, but still chose to expand oil and gas production and obstruct climate action. “
TODAY IN GREENWASHING
Globe and Mail: With growing energy demand, ‘pipes and wires’ is the best pathway to net zero in Ontario
Enbridge, 9/24/23
“The pathway to a clean energy future is often defined by targets to reduce energy demand, increase the supply and use of renewable energy, and phase out fossil fuels,” according to an advertisement feature produced by Enbridge published by the Globe and Mail. “These goals are right and necessary. But achieving them should not come at the expense of energy reliability, grid resilience, consumer choice and affordability – the key ingredients of a smart energy evolution… “In Ontario – where close to four million homes and businesses count on natural gas to power their lives and operations, and where strong economic and population growth continue to drive up energy demand – the most effective approach is one that is also pragmatic and realistic: a combination of “pipes and wires.” “This collaborative solution combines electricity and gas systems and implements innovative technologies designed to reduce or capture carbon emissions,” explains Malini Giridhar, vice-president, business development and regulatory affairs at Enbridge, which delivers natural gas to about 75 per cent of Ontario consumers, through an extensive pipeline structure stretching out to almost 154,000 kilometres. “The result is optimized energy reliability, more choice and reduced costs for customers, and greater resiliency to extreme weather events – all while achieving the same net-zero goals.” Giridhar’s observations are supported by an Enbridge-sponsored analysis by the consultancy firm Guidehouse, which compared deep electrification against a diversified approach that includes end-use electrification in balance with low- and zero-carbon gases and natural gas paired with carbon capture… “Essential to a practical net-zero transition is the realization that the continued use of natural gas must be combined with investment in carbon capture and sequestration,” says Ms. Giridhar… “A recent policy paper released by the C.D. Howe Institute underscores the importance of carbon capture technology in meeting net-zero targets, stating that “Canada will need to increase annual rates of CO2 captured and stored permanently by between 12 and 16 times from 2021 levels to hit net-zero 2050 target.”
OPINION
InForum: Hennen: It's time for an adult conversation about the Summit Carbon Solutions pipeline
Scott Hennen, 9/23/23
“I have never known anyone who feared a fire extinguisher. Do you know what is in fire extinguishers? CO2. Wait. Hard stop. CO2 is in there? Then they must explode, right? Nope,” Scott Hennen writes for InForum. “But a cabal of pipeline opponents and big-money attorneys are using scare tactics to whip up fear of a proposed CO2 pipeline in North Dakota. If you talk to credible scientists, they'll explain that CO2 doesn't explode. But since when do critics let the facts get in the way of a smear campaign? Lynn Helms, director of the North Dakota Department of Mineral Resources, told me he's perplexed by the argument that some people don't want to live near a CO2 pipeline… “Other opponents dislike any form of carbon management and see it as caving to the woke climate action agenda. "When we talk about having no part of the Green New Deal, we're playing the hand that we were dealt and the laws that were passed changing the funding mechanism for carbon capture and storage is going to allow capture and transportation infrastructure" to flourish,” Helms told InForum… “It's time for an adult conversation about the future of North Dakota and the solutions available. Let's not succumb to a fear-mongering loud minority. 80% of private property owners needed are signed up. A new poll reveals surging support for carbon capture and the North Dakota coal industry. Let's hear those voices for a change.”
Observer-Reporter: Carbon capture and storage next big opportunity for Pennsylvania
Diana Irey Vaughan is a Washington County commissioner, 9/25/23
“After nearly three decades as a Washington County commissioner, I’ve learned a few things about bringing people together to foster a thriving business environment,” Diana Irey Vaughan writes for the Observer-Reporter. “...So, what’s the next big economic opportunity for Pennsylvania? Carbon capture and storage is at the top of my list… “With our rich history in energy and manufacturing innovation, Pennsylvania has the experienced workforce, eager business community, and scientific expertise to be a national leader in carbon capture and storage. Other states like Louisiana and Texas are already racing to take advantage of new federal investments and attract carbon capture development from companies. For Pennsylvania to stay ahead, Gov. Josh Shapiro and legislative leaders in Harrisburg will have to make expanding this essential technology a priority in the fall legislative session. Without strong action, Pennsylvania risks being left behind… “Expanding carbon capture and storage to scale would create thousands of construction jobs and hundreds of permanent jobs per project. Additionally, carbon capture and storage can provide significant health benefits to both rural and urban communities, resulting from major improvements to air quality… “That’s why carbon capture and storage must be one of the tools that legislative leaders bring to Pennsylvania to reduce emissions, create good jobs, and improve the quality of life for people across the commonwealth.”
The Messenger: What is Undermining Biden’s Climate Justice Promises?
Miles Johnson is the legal director for Columbia Riverkeeper, 9/24/23
“A methane gas pipeline in Virginia caught fire and exploded in July. Two days later, Willie Phillips, the chairman of the Federal Energy Regulatory Commission (FERC), said that he was ready to approve yet another major methane pipeline expansion by the same company,” Miles Johnson writes for The Messenger. “Phillips’ statement and FERC’s leadership seem indifferent to the climate crisis, our urgent need for a just transition away from fossil fuels and public safety concerns related to fossil fuel projects. Since President Biden tapped Phillips to preside over FERC, it has approved a glut of fossil fuel projects, including methane and oil pipelines throughout the country and liquefied natural gas (LNG) export terminals in the Gulf of Mexico. Yet, these actions are at odds with Biden’s promises to confront climate change and deliver environmental justice. Among several major fossil fuel proposals currently before FERC, TC Energy — whose pipeline exploded in July —has proposed the GTN Xpress project, which would increase compression in an aging methane pipeline in order to push large quantities of fracked methane gas from Canada into the Pacific Northwest and California… “Trying to reduce atmospheric carbon while permitting new sources of methane and CO2 pollution is like trying to drain a clogged sink without turning off the faucet. It won’t work. FERC’s willingness to rubber stamp methane pipelines and LNG terminals under Phillip’s leadership is undermining Biden’s progress on climate. FERC is also undermining the Biden administration's stated commitments to environmental justice… “FERC isn’t just undercutting the Biden administration’s climate goals, it is also upending important state-level efforts to curb fossil fuel use and carbon emissions… “And a coalition of eight states are currently arguing that FERC illegally failed to consider state clean energy and climate laws when approving a methane gas pipeline expansion in the Northeast… “Now is the time for FERC — our country’s most powerful energy regulator — to stop ignoring the climate crisis and the outsized impact that climate chaos and fossil fuel development have on vulnerable communities. This should begin immediately with the denial of the GTN XPress project and similar unnecessary proposals before FERC. If Phillips cannot or will not do this, Biden should appoint a new FERC chair who can support the administration’s vitally important climate and environmental justice work.”
Counterfire: Building pipelines as Canada burns
John Clarke, 9/24/23
“The Trans Mountain oil pipeline expansion in British Columbia is running into another round of problems and generating even more opposition,” John Clarke writes for Counterfire. “...Indigenous people impacted by this project are coming out strongly against this development. The ‘Stk’emlúpsemc te Secwépemc Nation, who have a ‘“historical, cultural and spiritual connection” to the lands the pipeline is being built on, said they never supported or consented to such a change.’ They contend that the new approaches sought by the company ‘would cause “significant and irreparable harm” to their culture, and to the integrity of the spiritually significant lands in question.’ The Trans Mountain pipeline constitutes a key element of Canada’s expanding role as a major oil and gas producer and a look at its history offers some insights into the nature of fossil-fuel capitalism in this country. Such an examination becomes even more compelling because this year Canada has experienced its most severe wildfire season ever… “The changes in construction methods that Trans Mountain wants to implement have produced a backlash. The company intends to abandon its earlier commitment to micro-tunnel through a particularly culturally significant portion of the lands of the Stk’emlúpsemc te Secwépemc Nation (SSN). Due to encountering hard rock formations, Trans Mountain ‘is facing mounting financial and deadline pressure’ and wants to revert to digging an open trench. For its part, SSN is clear that such a change would ‘“destroy, damage, or degrade habitat” in the sensitive grasslands and old growth forests that are home to many at-risk wildlife species.’ SSN has made clear that it would never have accepted the pipeline route through its land had it known that the threat of an open trench would emerge and it asks the Canada Energy Regulator (CER) to prevent this. Should the CER rule in favour of Trans Mountain, active opposition to the project is certain to intensify… “As the impacts of climate change become increasingly dire, Trans Mountain is ready to go back on its undertakings to the Stk’emlúpsemc te Secwépemc Nation, inflicting further environmental damage in the process, so that it can massively increase a deadly but profitable flow of oil. Such reckless and destructive conduct is just one further indication among many of the need for mass action in the face of the climate crisis.”
Anchorage Daily News: Filling Alaska’s jobs pipeline
Joelle Hall is president of the Alaska AFL-CIO, 9/24/23
“Alaska’s exported resources have long been the major source of our state’s economy and identity — fish, oil, minerals and more, all proudly bearing the “produced in Alaska” stamp. However, a troubling new report shines a light on the excessive export of our most valuable resource — our people,” the Anchorage Daily News reports. “...The most realistic and practical path for job growth in Alaska starts and ends with our resources. Our oil and gas industry accounts for the largest share of state revenue and is a significant provider of high-paying jobs for Alaskans. “Alaska’s oil and gas industry remains the single most important economic engine in the state,” according to a report by McKinley Research, with each oil and gas job supporting a total of 15 jobs. There are a couple of bright spots on the horizon big enough to give us hope as Alaskans — the Willow development and the Alaska LNG project. We salute the Biden Administration for taking a hard look at both these projects, measuring their impacts, and ultimately authorizing them based on their merit. As the world’s energy picture continues to evolve, Alaska LNG is poised to propel our state economy forward… “What’s more, jobs created by Alaska LNG will have a ripple effect throughout our economy. While oil and gas employment accounts for 16% of Alaska’s private sector jobs, these positions punch above their weight in terms of their compensation, paying 23% of all Alaska wages… “That’s why I support Alaska LNG and will continue to advocate for its development.”