Stop the Trump Dirty Energy Agenda —
Congress Must Act to Stop Trump’s Dirty Energy Agenda, Including FERC & Its Fracked Gas Pipelines and Infrastructure
Donald Trump’s wholesale assault on the environment, and his brazen denial of the human induced contributions to climate change, heightens the obligation of our Congress to step up and act in any way it can to reduce climate changing emissions and advance clean energy technologies. Congress may not be able to reverse the message Donald Trump is sending to our nation and the world that he is doggedly opposed to any actions that will protect our children and communities from climate change, but Congress can take up the mantle of climate change leadership that Trump has abandoned. Hurricanes Harvey, Irma and Maria heighten the urgency for action.
Sadly, the U.S. Senate rejected a tremendous opportunity to stop the proliferation of fracked shale gas (a fossil fuel that is among our gravest threats when it comes to climate changing emissions) by voting to restore a quorum at the Federal Energy Regulatory Commission (FERC) and thereby reinstate the rubber stamping of pipelines used to carry the gas. Since the quorum was restored on August 3, 2017, FERC has been working feverishly to approve the backlog of fracked gas infrastructure held in abeyance during the time the agency lacked the quorum needed to give the agency’s approval to new pipelines, LNG export facilities and compressor stations.
September 20 was the first meeting of the FERC commissioners since the restoration of a quorum. Rightfully, they were greeted by activists from all over the country challenging their pro-industry stance. The activists then went on to Capitol Hill, with a sign-on letter supported by 139 organizations and over 30,000 individuals urging legislators to hold hearings into FERC’s abuses of power and law, and to put in place a moratorium on FERC approved pipelines and infrastructure until it had held hearings instituted needed reforms. We also urged Congress to oppose legislation that gives FERC more power over pipelines (such as S.1460, The Energy and Natural Resources Act) and instead to support legislation that transitions our nation to renewable energy sources (including H.R. 3671, Rep. Gabbard’s ‘OFF ACT’ or the Senate ‘100 by 50’ Act).
FERC is the lead agency for reviewing and approving interstate pipelines, compressor stations and Liquified Natural Gas (LNG) export facilities that serve the fracked shale gas industry. FERC’s actions and decision making are worsening climate change. The Natural Gas Act gives FERC nearly unfettered authority to advance fracked gas pipeline infrastructure. FERC has used this authority to approve every single pipeline brought before its commissioners over 30 years, but one. FERC is the epitome of a Rubber Stamp agency.
Natural Gas pipelines, LNG terminals, and compressor stations approved by FERC all emit greenhouse gas emissions of significant concern including methane, a very potent greenhouse gas. Pipelines are themselves a significant source of climate changing methane, and they also open up the spigot that induces and supports increasing shale gas extraction, fracking, and use, contributing more dirty fossil fuel emissions. The greenhouse gas footprint from fracking, drilling, and its development, storage, and transmission is far worse than that of other major fossil fuels, namely oil and coal. And yet, all of these climate changing impacts are largely ignored by FERC in its reviews and approvals.
Not only has FERC served as a rubber stamp for pipelines, but it has misused its authority and the law at every turn in order to advance these projects. FERC routinely uses a legal loophole that prevents communities from challenging FERC approvals before the pipeline companies are given the power of eminent domain and allowed to begin constructing their projects. This loophole has placed organizations like mine in legal limbo for as long as 15 months while construction and the taking of private property proceeds. FERC has never issued a civil penalty against a project for violation of environmental protection laws during construction, even when hundreds have been documented on a single project. FERC commissioners and employees are approving projects for which they have clear and obvious conflicts of interest and are even benefitting personally.
And FERC is strengthening its efforts to undermine state authority when it comes to pipelines. New York has used its authority to deny approval of three pipeline projects, the Constitution Pipeline, the Northern Access Pipeline Project, and most recently the Valley Lateral pipeline. FERC has responded by waiving New York’s rejection of the Millennium Valley Lateral project, claiming the state took too much time. This direct assault on state’s rights, in addition to other actions by FERC to undermine states, is just another demonstration of how in the pocket of the industry FERC is.
The abuses of power and law by FERC grow with each passing day. It is time for the Congress to step up and hold hearings to investigate. Congress then needs to propose real reforms.
The time for us to transition to clean energy is now. We need to leave our remaining fossil fuels in the ground. Study after study has demonstrated that we can make this transition by 2050 if we start today. In the process we will be creating more, better paying jobs, than the fossil fuel industry creates. For every million dollars invested in clean energy (including wind, solar and efficiency) 6 to 8 times more direct jobs, and 3 times the number of direct, indirect, and induced jobs are generated than for dirty fossil fuels including oil and gas. All the way around — jobs, economy, environment, health, property values, quality of life, climate change, and honoring our obligation to future generations — continuing investments in fracked gas, fracked oil, coal, other fossil fuels and their infrastructure is a fool’s errand.
