Committee approves one of four bills to streamline oil and gas NEPA reviews: “A House panel
today advanced one of four bills that aim to boost onshore energy independence and expedite the oil and gas permitting process, despite robust pushback from Democrats. The Natural Resources Committee reported out 22 to 18 on a party-line vote legislation (H.R.
6106) that would attempt to streamline oil and gas permitting by amending the 2005 Energy Policy Act to clarify "the authorized categorical exclusions and authorize additional categorical exclusions" within the process. Other bills were punted due to time.
Democrats unsuccessfully offered several last-minute amendments that would have prevented waivers to the National Environmental Policy Act process, particularly if there were disproportionate or significant environmental impacts on low-income and minority
communities. Republicans argued that the language was redundant because the projects in question already had been through the NEPA process, and including more exceptions would create additional red tape. "This is existing stuff" that already has gone through
the process, said Natural Resources Chairman Rob Bishop (R-Utah). Rep. Steve Pearce (R-N.M.), the bill's sponsor, offered a technical amendment the panel passed. Pearce said his "Common Sense Permitting Act" would help the Bureau of Land Management get a handle
on its permitting backlog and help his district — which he noted was low-income with a large community of color — to create high-paying jobs for residents and increase revenue for the state. But ranking member Raúl Grijalva (D-Ariz.) said the suite of bills
under consideration were "not well-intentioned" or "well-written." Today's markup was "not about fixing real problems," said the Arizona Democrat, because "when the oil industry asks Republicans to jump, they ask, 'How high?'"…
A House vote scheduled during the markup caused Bishop to adjourn proceedings before the panel had a chance to vote on three other onshore energy bills expected for consideration today: the
"Ending Duplicative Permitting Act" (H.R. 6107), the "Removing Barriers to Energy Independence Act" (H.R. 6087) and the "Streamlining Permitting Efficiency in Energy Development (SPEED) Act" (H.R. 6088). Committee aides said the panel will take up the outstanding
bills at a later date.”
[E&E News, 6/21/18]
https://goo.gl/8PyQxH
Energy firm cites NEPA delays in drilling project withdrawal:
“EOG Resources Inc. has withdrawn its proposal to drill more than 2,000 wells on mostly public lands in Utah. In the time it has taken the Bureau of Land Management to conduct its
environmental review of the Greater Chapita Wells Natural Gas Infill Project, the proposal has outgrown its viability, EOG told BLM in a letter provided to E&E News by WildEarth Guardians. "In sum, the speed of technological and engineering advances in directional
and horizontal drilling, combined with significant changes in natural gas commodity prices, have outpaced the viability of the current revised proposed action being reviewed by BLM, and BLM's analysis reflected in the [draft environmental impact statement]
as required by the National Environmental Policy Act (NEPA)," the Houston-based oil firm wrote in its Monday letter. WildEarth Guardians heralded the withdrawal as a victory for environmentalists. "Overall, it's a big win for the keep-it-in-the-ground fight
and our air quality," said Becca Fischer, a climate expert for the group. "It also goes to show that Trump's attempts to prop up fossil fuels are failing." EOG's move comes as industry interests are pressing federal land managers to ease the strain of NEPA
requirements on oil and gas producers operating on public lands. BLM has taken up at least two of their recommendations, frustrating environmental advocates who have called for maintaining the current level of public involvement in NEPA reviews. When EOG first
proposed the Greater Chapita Project in 2009, it included 7,028 wells on as many as 1,679 new and expanded pads. After encountering pushback related to air quality concerns in the Uinta Basin, the company scaled back its proposal to 2,808 wells. EOG estimated
that the project would raise $1 billion in state royalties.”
[E&E News, 6/21/18]
https://goo.gl/cWR5M7
Columbia Court rejects greens’ climate case against federal coal mining:
“A federal appeals court on 19 June rejected environmentalists’ arguments that the Trump administration has to evaluate the climate change impact of leasing federal land for coal
mining. The three-judge panel of the Court of Appeals for the District of Columbia Circuit unanimously ruled that the Interior Department is not obligated to update its 1979 review of the environmental impact of the federal coal program, despite substantial
new scientific findings about climate change and the significant role that coal plays in warming the atmosphere. The judges said that the National Environmental Policy Act doesn’t compel a new environmental impact statement. Mr Harry Edwards Judge, nominated
to the court by former President Carter, wrote in the ruling that “The fact that actions continue to occur in compliance with the program does not render the original action incomplete. Accordingly, the department’s NEPA obligation for the Federal Coal Management
Program terminated with its adoption in 1979.” The judges further argued that NEPA only requires a new analysis when a program is new or changes significantly, which isn’t the case for the coal program. Mr Edwards said that “Appellants have failed to identify
any specific pending action, apart from the program’s continued existence, that qualifies as a ‘major federal action’ under NEPA.” The ruling is a major blow for greens, who argue that the federal government is significantly contributing to climate change
by allowing so much coal mining on federal land. About 40 % of the nation’s coal is produced on federal land, mainly in the West in areas like the Powder River Basin in Montana and Wyoming. The mining causes about 769 million tons of carbon dioxide emissions
annually, or about 13 % of the United States’ greenhouse gases, Resources for the Future estimated last year. In the case, titled Western Organization of Resource Councils and Friends of the Earth v. Zinke, the court told greens that they might have other
avenues to compel Zinke to conduct a new environmental review, such as filing a formal petition for a new review or challenging the review of a specific mine’s approval.”
[The Hill, 6/19/18]
https://goo.gl/vpSCoM
CEQ Requests Comments on Changes to NEPA Review Process Governing Infrastructure Projects:
“The Council on Environmental Quality (CEQ)—the US federal agency responsible for coordinating and overseeing federal agency implementation of the National Environmental Policy Act (NEPA)—moved one step closer on June 20 towards revising its longstanding NEPA-implementing
regulations. Those regulations, which last underwent a major revision in 1986, govern the environmental review process for all “major federal actions,” including Federal Energy Regulatory Commission (FERC) license reviews for hydroelectric projects and certificates
for natural gas facilities. Now, in an Advance Notice of Proposed Rulemaking (ANPR), the CEQ signaled that it is ready to receive public comments on potential revisions that it hopes will “ensure a more efficient, timely, and effective NEPA process consistent
with the national environmental policy stated in NEPA.” Comments are due July 20, 2018. The ANPR seeks comments on specific issues and further invites commenters to provide “specific recommendations on additions, deletions, and modifications to the text of
CEQ’s NEPA regulations,” including their justifications, to update and clarify the regulations…
The questions posed by CEQ follow efforts by other federal agencies to streamline or reevaluate the NEPA process for major infrastructure projects. Earlier this year FERC initiated a Notice
of Inquiry seeking information and stakeholder input on FERC’s policies regarding its review and authorization of interstate natural gas transportation facilities under Section 7 of the Natural Gas Act. Among other things, the Notice of Inquiry seeks comment
on the scope of FERC’s environmental analysis of proposed natural gas projects (e.g., whether downstream GHG emission impacts should be considered), as well as the efficiency of the certificate application review process. Efforts by other agencies have similarly
focused on streamlining the environmental review process: the One Federal Decision Memorandum of Understanding signed by 12 federal agencies committed to a coordinated NEPA process that allows all permitting decisions to be completed within two years. Those
efforts, as well as the CEQ’s ANPR and FERC’s Notice of Inquiry, have been driven largely by Executive Order 13807, which President Donald Trump issued August 15, 2017, to “enhance and modernize” the environmental review and permitting process for infrastructure.”
[Lexology, 6/21/18]
https://goo.gl/oYPL1H
Justin McCarthy
Digital Director, NEPA Campaign
The Partnership Project
1101 Connecticut Ave NW, 10th Floor
Washington, DC 20036 USA
T: (202) 650-0327
C: (540) 312-3797
E: jmccarthy@partnershipproject.org
The Partnership Project, a registered 501 (c) (3) non-profit, is a collaborative effort of over 20 of the country’s most influential advocacy organizations, including Sierra Club, Defenders
of Wildlife, League of Conservation Voters, Earthjustice, and Natural Resources Defense Council.