Geoscience Policy Monthly Review
september 2016
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energy
Conference Committee Meeting held on the Energy Policy Modernization Act
September 8, 2016
House and Senate conferees for the Energy Policy Modernization Act met this September to discuss the progress they had made on reconciling the House (H.R. 8) and Senate (S. 2012) versions of the bill.
Senator Lisa Murkowski (R - AK), author of the Senate version of the bill and Chair of the Senate Energy and Natural Resources Committee, opened the business meeting by acknowledging several conflicting provisions within the two bills. She noted that many conferees were divided on issues such as hydraulic fracturing, renewable energy infrastructure, and natural gas exports.
The last time Congress passed a comprehensive energy bill was in 2005. Since then, advances in energy technology and scientific understanding, including the surge in natural gas production brought on by hydraulic fracturing and the increased emphasis on renewable energy under the Obama Administration, have created a radically different environment for energy policy. Many conferees argued for expansion of America’s natural gas extraction and exportation infrastructure through expanded hydraulic fracturing and more streamlined pipeline permitting processes, while others argued for a move to a more renewable-based energy portfolio.
Many Members did agree, however, on the forestry policy laid out in the bill, which would provide funding and expedited approval procedures for proper forest management and wildfire prevention projects, as well as the reauthorization of the Land and Water Conservation Fund (LCWF), albeit with some disagreement over whether the LWCF should be revised or subject to periodic review after its reauthorization.
Overall, the conferees were cautiously optimistic that the resulting bill could eventually reach the President’s desk before the end of the 114th Congress.
Sources: Senate Committee on Energy and Natural Resources, Congress.gov
House Subcommittee discusses U.S. energy security
September 15, 2016
The House Energy and Commerce Committee’s Subcommittee on Energy and Power held a hearing this September to discuss the Department of Energy’s (DOE) role in national, economic, and energy security. Although Secretary of Energy Ernie Moniz provided testimony on topics covered in the Obama Administration’s first Quadrennial Energy Review, including energy transmission, storage and distribution infrastructure, much of the conversation focused on the struggles currently facing coal-dependent communities.
During the hearing, Sec. Moniz and Congressman David McKinley (R-WV) discussed the costs and benefits of carbon capture and storage (CCS) versus less expensive high-efficiency coal-fired power plants. Sec. Moniz reiterated DOE’s commitment to CCS, and emphasized that CCS can be employed for energy types other than coal, including natural gas, and other industrial applications. Rep. McKinley expressed his desire to continue using coal as part of an all-of-the-above energy strategy, and Members of the Subcommittee also voiced general concern over the economic downturn recently experienced in coal-dependent communities.
The rise of renewable energy technology was also discussed during the hearing. Sec. Moniz argued that renewable energy could contribute to national security since, “There’s no issue of importing or exporting the fuels.” He also argued that the growth of the renewable energy sector could help counter to job losses within the coal industry. Sec. Moniz suggested that the U.S. take advantage of the rise in renewables as an opportunity for significant economic growth.
Sources: Department of Energy, House Energy and Commerce Committee
Federal Appeals Court halts construction on North Dakota Access Pipeline
September 16, 2016
On September 16, the U.S. Court of Appeals for the District of Columbia Circuit ordered a complete freeze on construction of the Dakota Access Pipeline near Lake Oahe, North Dakota.
The decision in the case, Standing Rock Sioux Tribe v. U.S. Army Corps of Engineers (16-cv-1534), comes in the wake of unrest over the pipeline’s presence near the Standing Rock Sioux Tribe’s land, where it passes through land which the tribe claims is home to sacred sites and burial grounds, and its crossing of the Missouri River, a main source of fresh water for the tribe. The tribe also argues that it was not properly consulted during the permitting process.
According to Dakota Access LLC, a subsidiary of Energy Transfer LLC and developer of the pipeline, the pipeline would transport domestically produced crude oil from the Bakken and Three Forks Formations and run 1,100 miles from North Dakota to Patoka, Illinois. Dakota Access LLC has defended the route, saying that it has been surveyed in advance to assure that the pipeline avoids culturally significant land and overlies an area previously approved for a different natural gas pipeline.
The future of the pipeline’s construction is dependent on the possibility of a future emergency injunction decision. If the pipeline is found to be damaging to cultural land, its construction would be in violation of the National Historic Preservation Act (NHPA), which could lead to an extended or indefinite injunction. While the current work freeze may be a victory for opponents of the pipeline, a previous ruling by U.S. District Judge James E. Boasberg concluded that “the [U.S. Army Corps of Engineers] has likely complied with the NHPA.”
Update: As of October 9, 2016, the U.S. Court of Appeals has ruled to dissolve the injunction.
Sources: E&E News Energywire,, Earthjustice.org, Government Printing Office
Updated October 11, 2016
Secretary of the Interior approves Desert Renewable Energy Conservation Plan
September 14, 2016
Secretary of the Interior Sally Jewell approved Phase I of the Desert Renewable Energy Conservation Plan (DRECP) this September. DRECP is a coordinated effort between the Bureau of Land Management (BLM), the California Energy Commission, the U.S. Fish and Wildlife Service, and the California Department of Fish and Wildlife to responsibly develop renewable energy on 10.8 million acres of public land. The agreement is part of larger effort by California to simultaneously conserve land and increase renewable energy production on 22 million acres of land across the state.
Phase I of the plan amends former BLM land-use regulations to provide a more streamlined approval process for renewable energy development on designated lands known as Development Focus Areas (DFAs).
Selected energy development regions will avoid wildlife habitat and culturally significant locations. In addition, the plan designates 4.2 million acres as conservation areas, which were selected to facilitate the migration of wildlife through protected national parks such as Joshua Tree National Park, Death Valley National Park, and the Mojave National Preserve.
Phase II will complete the plan, expanding the same land use regulations to the remaining 11.2 million acres of public and private land. Because Phase II depends on individual county laws, its implementation remains contingent on local arrangements that have not yet been settled.
Sources: Bureau of Land Management, Department of the Interior