NRDC

Industry-Stacked Energy Department Committee: Shale Running Dry, Let's Exploit the Arctic

A report assembled by an industry-centric US Department of Energy committee recommends the nation start exploiting the Arctic due to oil and gas shale basins running dry. 

In the just-submitted report, first obtained by the Associated Press, the DOE's National Petroleum Council — many members of which are oil and gas industry executives — concludes that oil and gas obtained via hydraulic fracturing (“fracking”) will not last beyond the next decade or so, thus the time is ripe to raid the fragile Arctic to feed our fossil fuel addiction. 

The NPC just launched a website and executive summary of the report: Arctic Potential: Realizing the Promise of U.S. Oil and Gas Resources.

Confirming the thesis presented by the Post Carbon Institute in its two reports, “Drill Baby, Drill” and “Drilling Deeper,” the National Petroleum Council believes the shale boom does not have much more than a decade remaining.

The NPC report appears to largely gloss over the role of further fossil fuel dependence on climate change, or the potentially catastrophic consequences of an oil spill in the Arctic.

The first mention of climate change appears to refer to “concern about the future of the culture of the Arctic peoples and the environment in the face of changing climate and increased human activity,” but doesn't mention the role of fossil fuels in driving those changes. Instead, the report immediately pivots to focus on “increasing interest in the Arctic for tourist potential, and reductions in summer ice provide an increasing opportunity for marine traffic.”

ExxonMobil CEO Rex Tillerson, a National Petroleum Council member, chimed in on the study in an interview with the Associated Press.  

“There will come a time when all the resources that are supplying the world's economies today are going to go in decline,” remarked Tillerson. “This is will [sic] be what's needed next. If we start today it'll take 20, 30, 40 years for those to come on.”

The National Petroleum Council also deployed the energy poverty argument, utilized most recently by coal giant Peabody Energy in its “Advanced Energy For Life” public relations campaign, to make its case for Arctic drilling as a replacement for fracking.

“But global demand for oil, which affects prices of gasoline, diesel and other fuels everywhere, is expected to rise steadily in the coming decades — even as alternative energy use blossoms — because hundreds of millions of people are rising from poverty in developing regions and buying more cars, shipping more goods, and flying in airplanes more often,” reads the report. “In order to meet that demand and keep prices from soaring, new sources of oil must be developed, the council argues.”

Peabody Coal Lawyer Laurence Tribe, Obama's Law Professor, Testifies in Congress vs. EPA Carbon Rule

Laurence Tribe, constitutional law professor at Harvard Law School and of-counsel at the firm Massey & Gail LLP, recently testified in front of the U.S. House Committee on Energy and Commerce against the proposed U.S. Environmental Protection Agency (EPA) carbon rule

Currently working as legal counsel for coal industry giant Peabody Energy and helping the company write comments, Tribe submitted a 57-page legal memo to accompany his five-minute testimony (starting at 22:43). In December 2014, Tribe submitted 35 pages worth of comments to the EPA on its proposed rule.

Joining Tribe were both New York University School of Law professor Richard Revesz and Hunton & Williams attorney Allison Wood, who testified for and against the Clean Power Plan, respectively. But Tribe served as the star witness and fielded most of the questions from the Committee during the question-and-answer session.

Fittingly given his distinguished legal background, Tribe argued against the Clean Power Plan on constiutional law grounds. 

“Burning the Constiution should not become part of our national energy policy,” Tribe wrote in the early pages of the legal memo he submitted to the Committee. “At its core, the issue the Clean Power Plan presents is whether EPA is bound by the rule of law and must operate within the framework established by the United States Constitution.”

He also proposed a solution — favored by his client Peabody  in a section titled, “There is a Better Way.”

“The United States could…support carbon capture and storage technologies,” Tribe wrote, not mentioning Peabody's advocacy for so-called “clean coal.” 

“An 'all of the above' energy policy can support all forms of domestic energy production that will minimize carbon emissions, protect consumers and American jobs, and ensure that the U.S. remains independent from unreliable foreign sources of energy.”

California's Wastewater Injection Problem Is Way Worse Than Previously Reported

Documents released this week as part of the EPA’s investigation into the state of California’s underground injection control program show that in addition to hundreds of wastewater injection wells there are thousands more wells illegally injecting fluids from “enhanced oil recovery” into aquifers protected by the federal Safe Drinking Water Act.

At a time when California is experiencing extreme and prolonged drought, you might expect state regulators to do everything they can to protect sources of water that could be used for drinking and irrigation. But that simply isn’t the case.

For every barrel of oil produced in California — the third largest oil-producing state in the nation, behind Texas and North Dakota — there are 10 barrels of wastewater requiring disposal. California produces roughly 575,000 barrels of oil a day, meaning there are nearly 6 million barrels of wastewater produced in the Golden State on a daily basis — a massive waste stream that state regulators have utterly failed to manage properly.

In meeting a February 6 deadline imposed by the EPA to provide a plan for dealing with the problems rampant in its Underground Injection Control (UIC) Class II Program, regulators at California’s Division of Oil, Gas, and Geothermal Resources (DOGGR) revealed that nearly 2,500 wells have been permitted to inject oil and gas waste into protected aquifers, a clear violation of the Safe Drinking Water Act.

More than 2,000 of the wells are currently active, with 490 used for injection of oil and gas wastewater and 1,987 used to dispose of fluids or steam used in enhanced oil recovery techniques like acidization and cyclic steam injection.

“The Division acknowledges that in the past it has approved UIC projects in zones with aquifers lacking exemptions,” DOGGR told the EPA in a letter dated Feb. 6.

“California Crossroads Tour” Calls On Governor Jerry Brown To Ban Fracking

California Governor Jerry Brown recently proposed the most ambitious renewable energy targets in the US, but that does not mitigate his support for the controversial high-intensity oil extraction technique known as hydraulic fracturing (fracking), according to activists who have embarked on a statewide tour to call for the governor to ban the practice.

Organized by Californians Against Fracking—a coalition of environmental and environmental justice groups including 350.org, Food & Water Watch, and the Center on Race, Poverty and the Environment—the “California Crossroads Tour” is aimed at not just ending dangerous oil extraction methods but is also calling on Governor Brown to go even further than he did with his recent proposal to change the state’s Renewable Portfolio Standard from 33% by 2020 to 50% by 2030.

Instead, the activists want Brown to put policies in place that would end the Golden State’s addiction to fossil fuels once and for all.

“California is at a crossroads,” David Braun of Californians Against Fracking and an organizer of the tour said in a press release. “Our governor and our elected officials need to decide if we’re going to be a real leader on climate change, or if we will continue to allow fracking and other dangerous extractions methods that put our communities and environment at risk.”

White House Confirms Obama Will Veto TransCanada's Keystone XL Pipeline

The White House confirmed today that President Obama will veto Congressional legislation designed to greenlight construction of the Keystone XL pipeline, the contentious project first proposed six years ago to carry more than 800,000 barrels per day of Canadian oilsands crude from Alberta to refineries and export facilities along the Gulf of Mexico.

Despite strong indications of support in Congress, the Obama Administration has already indicated it will veto the bill to expedite approval of the $8 billion project if approved. A similar bill was blocked by Democrats in the Senate in November.

If this bill passes this Congress the president won’t sign it either,” Josh Earnest, White House press secretary, said. Obama rejected TransCanada's application to build the pipeline in 2012, suggesting congressional Republicans had set a “rushed and arbitrary deadline” for the project's approval.

The bill, proposed by Republican Senator John Hoeven from North Dakota and Democratic Senator Joe Manchin from West Virginia, will be debated in a Senate Energy and Natural Resources Committee hearing Wednesday with the panel set to vote on the project Thursday.

Environmental Groups File Motion to Intervene in Defense of Denton Fracking Ban

Just days after attorneys representing Denton, Texas submitted their initial responses to two legal complaints filed against Denton — the first Texas city ever to ban hydraulic fracturing (“fracking”)  environmental groups have filed an intervention petition. That is, a formal request to enter the two lawsuits filed against the city after its citizens voted to ban fracking on election day.

Denton Drilling Awareness Group and Earthworks are leading the intervention charge, represented by attorneys from the Natural Resources Defense Council (NRDC) and EarthjusticeThe drilling awareness group runs the Frack Free Denton campaign.

Those groups have joined up with attorneys representing Denton to fight lawsuits filed against the city by both the Texas Oil and Gas Association and the Texas General Land Commission.

Legal Case: White House Argues Against Considering Climate Change on Energy Projects

Just over a month before the United Nations convenes on September 23 in New York City to discuss climate change and activists gather for a week of action, the Obama White House Council on Environmental Quality (CEQ) argued it does not have to offer guidance to federal agencies it coordinates with to consider climate change impacts for energy decisions.

It came just a few weeks before a leaked draft copy of the Intergovernmental Panel on Climate Change's (IPCC) latest assessment said climate disruption could cause “severe, pervasive and irreversible impacts for people and ecosystems.”

Initially filed as a February 2008 petition to CEQ by the International Center for Technology Assessment, the Sierra Club and the Natural Resources Defense Council (NRDC) when George W. Bush still served as President, it had been stalled for years. 

Six and a half years later and another term into the Obama Administration, however, things have finally moved forward. Or backwards, depending on who you ask. 

NEPA and CEQ

The initial February 2008 legal petition issued by the plaintiffs was rather simple: the White House's Council for Environmental Quality (CEQ) should provide guidance to federal agencies it coordinates with to weigh climate change impacts when utilizing the National Environmental Policy Act (NEPA) on energy policy decisions. 

A legal process completely skirted in recent prominent tar sands pipeline cases by both TransCanada and Enbridge, NEPA is referred to by legal scholars as the “Magna Carta” of environmental law.

Magna Carta; Photo Credit: Wikimedia Commons

CEQ oversees major tenets of environmental, energy and climate policy. It often serves as the final arbiter on many major legislative pushes proposed by Congress and federal agencies much in the same way the White House's Office of Information and Regulatory Affairs (OIRA) does for regulatory policy. 

After Oregon Rejects Coal Export Plan, Long Beach Votes to Export Coal and PetKoch

Just a day after the Oregon Department of State Lands shot down a proposal to export 8.8 million tons per year of coal to Asia from the Port of Morrow in Boardman, Oregon, the Long Beach City Council achieved the opposite.

In a 9-0 vote, the Council voted “yay” to export both coal and petroleum coke (petcoke, a tar sands by-product) to the global market — namely Asia — out of Pier G to the tune of 1.7 million tons per year. Some have decried petcoke as “dirtier than the dirtiest fuel.“ 

More specifically, the Council determined that doing an environmental impact statement before shipping the coal and petcoke abroad was not even necessary. 

decision originally made in June and then appealed by Earthjustice on behalf of the Sierra Club, Natural Resources Defense Council (NRDC) and Communities for a Better Environment, the Council shot down the appeal at an August 19 hearing

“We are very disappointed about the decision, but that does not diminish the amazing victory in Oregon,” Earthjustice attorney Adrian Martinez said in a statement provided to DeSmogBlog via email. “The decision in Long Beach just highlights the grasp that the fossil fuel industry has on the City's leaders.”

The Earthjustice legal challenge and the the subsequent August 19 hearing was not about banning coal or petcoke exports. Rather, Earthjustice and its clients requested that the City of Long Beach do an environmental impact statement for two companies given contracts to export the commodities for 15-20 years.

One of those companies, Oxbow Carbon, is owned by the “Other Koch Brother,” William “Bill” Koch. Like his brothers David and Charles Koch, he has made a fortune on the U.S. petcoke storage and export boom. Also like his brothers, he is a major donor to the Republican Party.

Obama’s New Climate Plan Leaves Canada in the Dust

In the ongoing battle to win approval of the Keystone XL pipeline, Canada has repeatedly justified its climate inaction by pointing to the fact that it shares similar emission reductions targets to the U.S. In August of last year, Prime Minister Stephen Harper even wrote a letter to President Barack Obama inviting “joint action to reduce greenhouse gas emissions in the oil and gas sector” if such efforts would help green-light the Keystone XL.

But this week’s announcement that Obama will use his executive authority to introduce a nationwide emissions reduction plan that targets more than 1,000 of the country’s most highly polluting power plants might leave Canada squarely in the dust.

Obama’s new plan — already being called the “most ambitious anti-global warming initiative of any U.S. president” — will introduce new standards by 2015 to decrease the greenhouse gas (GHG) emissions of power plants (responsible for 40 per cent of the country’s carbon pollution) by 30 per cent from their 2005 levels by 2030.

Marco Rubio Wants To Let The Planet Burn

Republican Senator Marco Rubio isn’t convinced that human beings are responsible for climate change.  But don’t get him wrong. Marco Rubio firmly believes that climate change is happening.  In fact, as he said in two separate interviews this past week, the climate “is always changing.” 

Rubio, who represents the climate change-imperiled state of Florida in the U.S. Senate, has taken a lot of heat for denying the role that humans are playing in climate change, but at the same time, he has received partial credit for acknowledging that the climate is changing.  Rubio’s semantic trickery is not an admission that he believes in climate change.  It is simply a tool that allows him to play both sides.  He can construe his statement to “prove” that he accepts the reality of climate change, or he can downplay its meaning and say that he was referring to something as simple as weather patterns. 

In either scenario, Rubio comes out the winner.  His denial of the role of human beings will be forgotten quickly, and all that will remain on the record is his statement that the climate is always changing. 

Rubio’s assertion that human beings don’t play a role in climate change has already been thoroughly debunked.  But what’s even more alarming is the fact that Rubio’s denial is putting his constituents at risk.

Reports show that Florida, the state Rubio represents in the Senate, is going to experience the impacts of climate change, possibly more so than any other state in the country.  As the NRDC points out, everything from real estate, health, and tourism will be destroyed as climate change becomes worse:

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