EXTRACTED: Daily News Clips 2/16/24

PIPELINE NEWS

• South Dakota Searchlight: Senate panel moves to limit local authority in pipeline regulation

• KXLG: Senate committee passes “compromise” carbon pipeline bill

• Dakota Scout: ‘Compromise’ in South Dakota’s ongoing pipeline battle offers county tax in exchange for preemption

• High Plains Reader: Is Summit Trying to Beat the Clock Before Safety Guidelines Are Established? 

• North Dakota Monitor: Dakota Access Pipeline protest costs debated as federal trial begins

• Reuters: US regulators approve Mexico Pacific LNG’s Saguaro connector pipeline

• Common Dreams: ‘Alarming’: FERC Ignores Climate Impacts and Rubber-Stamps Texas Pipeline

• E&E News: Pipeline giant says Southeast gas project may expand

• Grist: A company said there was only sand in the path of its new pipeline. Scientists found a thriving ecosystem.

• Pipeline Technology Journal: Trans Mountain Pipeline Expansion Cited for ‘Environmental Non-Compliance’

• Reuters: Pipeline operator TC Energy beats Q4 profit estimates on high demand

• Milwaukee Journal Sentinel: ‘A new chapter of a very old story’: Documentary shows Bad River Band’s fight against Line 5

WASHINGTON UPDATES

• E&E News: House OKs bill targeting natural gas export permit pause

• The Hill: House approves bill to block Biden’s pause on new gas export projects

• E&E News: Greens Face A Test: What Is Biden’s Climate Tipping Point? 

• E&E News: Biden Green Team Fans Out To Promote Climate Work 

• E&E News: Interior Releases Climate Analysis Of Trump-Era Oil Lease Sales 

• Politico: A Biden Oil Sale May Tick Off The TikTok Generation 

• E&E News: US plans lowest amount of new gas-fueled power in 25 years

• InsideEPA: Youth Plaintiffs Urge 9th Circuit To Reject DOJ Bid To Pause Climate Case 

STATE UPDATES

• Axios: Environmental Issues Are Key For 2024 Election In The West, Poll Shows 

• Forbes: California Dreaming: How 90-Acres Of Huntington Beach Oceanfront Could Finance America’s Greenest Petroleum

• Capital and Main: Oil and Gas Donations Shifting Away From Republicans in New Mexico

• San Jose Mercury News: Brentwood moves to ban any future drilling or production of oil and gas

• ‘Loveland Reporter-Herald: Oil and gas rules spark discussion at Loveland City Council

EXTRACTION

• NBC News: National Archives closes after climate change protesters dump red powder on U.S. Constitution

• E&E News: Occidental to pump more Permian oil using captured CO2

• The Hill: Hardly any plastics can be truly recycled, and producers have known for decades: Report

• NPR: Reduce, reuse, redirect outrage: How plastic makers used recycling as a fig leaf

• Calgary Herald: ‘Put shovels in the ground’: Federal resources minister calls on oilsands producers to move on carbon capture project

CLIMATE FINANCE

• Financial Times: Exxon Accused Of ‘Bullying’ Tactics In Legal Pursuit Of Climate Activist Investors

• Reuters: New York pension fund further restricts investments in Exxon, other oil companies

• Climate Safe Pensions: New York State Comptroller misses the mark by only divesting $25m of $500 million from Exxon, neglects divesting from other Oil & Gas majors

• Press release: Gwich’in Steering Committee and Gwich’in Youth Council Respond to Bank of America’s Quiet Arctic Policy Shift; GSC Requests Meeting with Bank Leadership

TODAY IN GREENWASHING

• Enbridge: Bridging the gap for students of color through funding and mentorship

OPINION

• San Jose Mercury News: Op-ed misstates case against carbon capture

• The Hill: The next round of the ESG fight should start in Congress, not in court
  

PIPELINE NEWS

South Dakota Searchlight: Senate panel moves to limit local authority in pipeline regulation
JOHN HULT, 2/15/24

“A bill limiting the right of counties to regulate pipeline setbacks advanced out of a state Senate committee on Thursday morning,” South Dakota Searchlight reports. “Senate Bill 201 would bar counties from enacting local zoning rules strict enough to regulate gas or liquid pipelines out of existence, but would also allow counties to levy a per-foot surcharge on pipeline companies and codify certain landowner protections for things like disrupted drain tile… “Sen. Casey Crabtree, R-Madison, is the bill’s prime sponsor. He said his proposal strikes a balance between South Dakota’s respect for property rights and its need for economic development… “They also argued that local ordinances enacted as they seek permits and negotiate right-of-way payments from landowners along proposed pipeline routes amount to “changing the rules of the game” in a way that unfairly upends project planning. Brett Koenecke, the South Dakota lawyer for Summit, told lawmakers that the “byzantine” regulations created at the county level have created a “Balkanized” regulatory framework that essentially papers the pipeline project out of existence. County commissioners are governing as activists, Koenecke said. “You can look at the Facebook posts of the anti-project people and find the county commissioners posting actively in those areas,” he said. “And so I’m here to tell you there’s no pathway forward for this project that involves discretion at the county level.” Several agricultural and economic development lobbyists also testified in favor of the bill… “Amanda Radke, a pro-farm blogger and speaker, drew cheers for her testimony on SB 201, a measure she said would strip property owners of their rights through state government fiat… “To put the boot on the neck of these families is wildly inappropriate,” Radke said… “Sen. Lee Schoenbeck, R-Watertown, moved to pass the bill onto the Senate floor, saying the state should not allow local activism to endanger agriculture’s viability… “The bill’s emergency clause, which would allow it to take effect immediately with the governor’s signature rather than on the typical date of July 1, would address “the timeliness issue.” Without order and certainty, Gevo could walk away.”

KXLG: Senate committee passes “compromise” carbon pipeline bill
Todd Epp, 2/15/24

“If all the parties involved in a piece of legislation go, “Meh, I can live with that,” does it make it a good compromise?,” KXLG reports. “That’s the hope of SB201 in trying to find common ground among the state’s ethanol plants and Summit Carbon Solutions on one side and landowners and local government officials who oppose using eminent domain in particular and carbon sequestration pipelines in general… “Republican House Majority Leader Casey Crabtree from Madison introduced the bill. “It is an emotional issue for many on both sides of the debate,” Crabtree said. “Today, we get a chance to separate those emotions from facts and solving the issue. Senate Bill 201 is brought to you as a measure of compromise.” “…Opponents hammered the bill for what they say is a repudiation of local governments’ interest in doing what’s best for their citizens… “There’s no pathway forward for this project that involves discretion at the county level,” Koenecke said. County officials at the hearing took offense to that statement. Brown County Commissioner Drew Dennert from Columbia said counties like his needed to be involved to ensure landowners could develop their properties. “Our ordinance and our setbacks make sense for our community, and they must be honored,” Dennert testified… “Groups and individuals opposing the measure included a Mitchell farmer and rancher, the two aforementioned county commissioners, the South Dakota Stock Growers Association, a Dayton Township official from Lincoln County, a farmer from Spink County, a farmer and rancher from Leola, Dakota Rural Action, South Dakota Farmers Union, the South Dakota Sierra Club, and Republican Rep. Kevin Jensen from Canton.”

Dakota Scout: ‘Compromise’ in South Dakota’s ongoing pipeline battle offers county tax in exchange for preemption
AUSTIN GOSS, 2/15/24

“One of the last, yet most talked about carbon pipeline bills of South Dakota’s 99th Legislative Session has officially entered the fray in the State Capitol,” the Dakota Scout reports. “A heavily-amended version of Senate Bill 201, touted as a compromise measure between eminent domain-averse landowners and pipeline advocates, cleared the Senate Commerce and Energy Committee with a 7-2 vote. In its current form, the proposal being pushed by Majority Leaders Sen. Casey Crabtree and Rep. Will Mortenson would allow counties to implement a surcharge of one dollar per foot of pipeline that is within the county’s borders. That’s one of the main selling points of the bill that also includes protections for landowners in exchange for preemption of any restrictive county zoning regulations targeting carbon pipelines.”

High Plains Reader: Is Summit Trying to Beat the Clock Before Safety Guidelines Are Established? 
Laura Simmons, 2/15/24

“Gerald Briggs, the Warren County Mississippi Fire/EMS chief, was at a festival in February 2020 when a local law enforcement officer asked him if he had heard about the explosion in Satartia, Mississippi, which is in Yazoo County. Briggs immediately called Jack Willingham, the Yazoo County director of emergency management, who told Briggs there was an unknown explosion and they needed help. Briggs assembled a crew and left for Satartia,” the High Plains Reader reports. “…The Denbury carbon dioxide leak did not cause any deaths. However, 45 people sought medical attention and some still experience long-term effects such as severe headaches, nausea and trouble sleeping… “The safety of carbon dioxide pipelines was one of the many issues addressed during the PSC hearings. In June 1, 2023 testimony before the PSC, Rod Dillon, Summit’s director of regulatory compliance, said Summit will work with first responders to provide adequate training and will have a final emergency response plan available to the Pipeline and Hazardous Materials Safety Administration and local responders before commencing operations… “Eric Heupel, CEO of Ashley Medical Center, told HPR Summit has not yet talked to them about safety, training, or equipment… “One important piece of information when deciding where to put a pipeline and responding to a carbon dioxide pipeline leak is the plume model, which maps where the carbon dioxide is most likely to travel if the pipeline ruptures, showing who is most at risk and therefore guiding the emergency response. However, Summit has not released its plume model, saying that terrorists could use it to tamper with the pipeline… “Bakken told HPR Summit has not responded to Burleigh County’s requests concerning public safety and emergency management. This, among other things, has made Bakken question Summit’s dedication to public safety. He suspects that Summit is trying to race the clock to build the pipeline before PHMSA updates carbon dioxide safety guidelines in response to the Satarsia, Mississippi leak. “They were trying to get done early so that they could get grandfathered in,” Bakken told HPR. “That’s not in the best interest of public safety.” 

North Dakota Monitor: Dakota Access Pipeline protest costs debated as federal trial begins
Mary Steurer and Amy Dalrymple, 2/15/24

“A trial expected to shed new light on a federal agency’s management — and potential mismanagement — of the Dakota Access Pipeline protests kicked off Thursday, Feb. 15 in federal court in Bismarck,” the North Dakota Monitor reports. “North Dakota is seeking to recoup $38 million it claims it spent policing the protest camps north of the Standing Rock Sioux Reservation in rural Morton County in 2016 and early 2017 opposing the pipeline, often referred to as DAPL… “North Dakota was left to deal with this crisis on its own,” Special Assistant Attorney General Paul Seby said Thursday. Attorneys representing the United States say North Dakota is exaggerating the financial impact of the protests and wants the Corps to take responsibility for matters that were outside its control… “North Dakota has already received $25 million to offset the costs of the demonstrations — $10 million from the U.S. Justice Department in 2017, and another $15 million from pipeline developer Energy Transfer Partners… “According to Schulz, state and local law enforcement were left on the hook for policing the camps and cleaning them up after the protesters were removed… “According to Shulz, it took personnel four days to clean up the camps. They hauled away more than 9 million pounds of garbage, he said… “Jane Bobet Rejko, the lead attorney for the United States, argued that the Corps did the best it could to assist North Dakota in the midst of what she called “unique, unpredictable and often uncontrollable” circumstances. The other witness to testify Thursday was the North Dakota Highway Patrol chief pilot who flew over the protest camps almost daily and took 20,000 photographs.”

Reuters: US regulators approve Mexico Pacific LNG’s Saguaro connector pipeline
2/15/24

“U.S. energy regulators on Thursday approved a cross-border pipeline that would export about 2.8 billion cubic feet per day of natural gas from Texas to Mexico Pacific’s Saguaro LNG export plant on Mexico’s west coast,” Reuters reports. “The approval is another step in the company’s plan to build an about $15 billion liquefied natural gas (LNG) plant in Mexico that would export superchilled fuel processed from U.S. natural gas… “Thursday’s ruling by the Federal Energy Regulatory Commission on the construction of the Saguaro Connector Pipeline comes weeks after the Biden administration paused export permit reviews by the Department of Energy… “The cross-border pipeline has been opposed by Texas groups including environmental campaigner the Sierra Club that have argued FERC should consider greenhouse gas emissions including possible methane leaks.”

Common Dreams: ‘Alarming’: FERC Ignores Climate Impacts and Rubber-Stamps Texas Pipeline
OLIVIA ROSANE, 2/15/24

“The Federal Energy Regulatory Commission approved a controversial pipeline on Thursday despite opposition from local and Indigenous communities and without considering its climate impacts,” Common Dreams reports. “The commission limited its review of the Saguaro Connector Pipeline to a 1,000-foot stretch of the project on the Texas and Mexican border. If built, the pipeline could transport as many as 2.8 billion cubic feet of fracked gas per day to an export facility in Mexico, where it would be shipped to Asia and Latin America. The decision comes weeks after the Biden administration paused Department of Energy (DOE) approvals of new liquefied natural gas (LNG) exports while it updates its assessment criteria. “It’s alarming that FERC would approve the Saguaro Connector Pipeline based on a narrow environmental assessment that ignores the vast majority of the project and its impacts,” Doug Hayes, senior attorney for Sierra Club’s Environmental Law Program, said in a statement. “Rubber-stamping this project means vulnerable communities along the route will be at risk so oil and gas companies can pad their pockets by sending U.S. gas to Asia via Mexico.” “The world does not need more LNG, and FERC is out of step with the reality of the climate crisis and communities impacted by these projects,” Hayes continued… “Having a pipeline so close to town, carrying extremely flammable gas at high pressure, places an unnecessary risk on a good portion of Van Horn’s citizens,” resident Tomas Mansfield said in a statement. “While our emergency services work very hard at keeping us safe, a major disaster would overwhelm what services we do have, and additional help is at least 80 miles away… “Frontline communities and environmental groups argue that FERC should consider the entire pipeline route because it will carry gas destined for overseas export… “Residents also say they will continue to battle the pipeline. “This approval was expected by all of us watching,” frontine rancher Bill Addington who works with the West Texas Legal Defense Fund said in a statement. “It’s common knowledge FERC works for big oil and gas, not the people. This was a predetermined decision. We will defeat the Saguaro LNG export project.”

E&E News: Pipeline giant says Southeast gas project may expand
Carlos Anchondo, 2/15/24

“A pipeline expansion project in the Southeast could grow larger before a final application is submitted to federal energy regulators, Williams Cos. said Wednesday,” E&E News reports. “Michael Dunn, the pipeline company’s chief operating officer, told E&E the Southeast Supply Enhancement project is a “major” development for Williams. Dunn told E&E he couldn’t overestimate the importance of the proposal for the mid-Atlantic and Southeast regions… “Echoing comments made by Williams CEO Alan Armstrong, Dunn told E&E “there are a lot of customers that are still working through their future demand needs, and this project actually could get bigger before we make our final filing.”

Grist: A company said there was only sand in the path of its new pipeline. Scientists found a thriving ecosystem.
Avery Schuyler Nunn, 2/14/24

“Javier Bello could scarcely believe what he was seeing in the waters off the coast of Veracruz, Mexico. Where the Canadian fossil fuel company TC Energy had claimed there was little more than mounds of sand, he saw a thriving ecosystem,” Grist reports. “…Peering from a submarine, the marine scientist was among the first to lay eyes on a marine habitat that he and others fear will be devastated by the construction of a natural gas pipeline. The whole point of the voyage, in which scientists, fishers, and activists converged aboard the Greenpeace ship Arctic Sunrise for three weeks last June, was to show what could be lost by the project. “We don’t often have access to these kinds of research opportunities in Mexico,” Bello told Grist, “so it is a really good example of nongovernmental organizations working with universities to make things happen together.”  TC Energy — the company behind the Keystone XL pipeline — has proposed an extension of a natural gas pipeline that would stretch roughly 497 miles from the coastal towns of Tuxpan to Coatzacoalcos in the Mexican state of Veracruz. The company has claimed that there is nothing of significance on the seafloor along its planned route, and that construction will not harm existing marine protected areas. But Bello told Grist researchers have always had an inkling that the reefs extended beyond the protected areas.” 

Pipeline Technology Journal: Trans Mountain Pipeline Expansion Cited for ‘Environmental Non-Compliance’
2/15/24

“The Canada Energy Regulator (CER) has cited Trans Mountain Corporation (TMC) for environmental non-compliance related to its management of recent flooding near Abbotsford, British Columbia,” the Pipeline Technology Journal reports. “CER officers on January 31, identified issues with watercourse isolation, wildlife fencing, soil coverings, and dewatering pump and sump locations at the construction site during an inspection… “TMC faces potential penalties for non-compliance, though the specific amount remains undetermined. The company has been ordered to address the issues and submit a report on its actions within 30 days.”

Reuters: Pipeline operator TC Energy beats Q4 profit estimates on high demand
2/16/24

“Pipeline operator TC Energy (TRP.TO), opens new tab beat fourth-quarter profit estimates on Friday, helped by high demand for liquefied natural gas (LNG),” Reuters reports. “The United States was the world’s top LNG exporter last year, following European sanctions on Moscow after Russia invaded Ukraine. Exports from the U.S. rose 14.7% annually, driven largely by the return to full production of the Freeport LNG plant, which suffered a fire in 2022… “Earnings were also helped by growth in adjusted core profit in the company’s Canadian natural gas pipelines segment, where profit was up about 35%, to C$1.03 billion, in the reported quarter… “Adjusted core profit from TC Energy’s liquids pipeline segment was up 4% from the previous year, at C$379 million… “It said the Coastal GasLink, its long delayed pipeline project that achieved mechanical completion in November, would continue post-construction and reclamation activities throughout 2024.”

Milwaukee Journal Sentinel: ‘A new chapter of a very old story’: Documentary shows Bad River Band’s fight against Line 5
Caitlin Looby, 2/15/24

“A new documentary chronicles a Wisconsin’s tribe’s ongoing fight to protect Lake Superior for future generations,” the Milwaukee Journal Sentinel reports. “Bad River” shows the Bad River Band of Lake Superior Chippewa’s long history of activism and resistance in the context of continuing legal battles with Enbridge Energy over its Line 5 oil pipeline. The Line 5 pipeline has been operating on 12 miles of the Bad River Band’s land with expired easements for more than a decade. The Band and the Canadian company have been locked in a legal battle over the pipeline since 2019. The Journal Sentinel got a sneak peak at “Bad River,” which will open in select cities, like Chicago, Madison and Ashland, on March 15… “Bad River” shows the Band’s constant battle for land, water and culture, Mazzio said. For instance, the Dawes Act of 1887 allowed the federal government to chop up the Band’s land and sell it to non-tribal citizens. Some Bad River Band members spoke of their experiences in boarding schools and how families were forced to relocate to cities, causing them to lose their connection with their tribal culture. The Band’s stories also take the audience through the American Indian Movement in the late 1960s as well as the struggle to protect the right to fish during the Walleye War… “Patty Loew, a professor emerita at Northwestern University and Bad River Band citizen, told the Sentinel that she believes the documentary captured the majority voice of the Bad River Band people and how it wants to protect the water for seven generations to come, as is tribal tradition.” 

WASHINGTON UPDATES

E&E News: House OKs bill targeting natural gas export permit pause
Nico Portuondo, 2/15/24

“The House passed legislation Thursday to limit President Joe Biden’s authority over liquefied natural gas export permits,” E&E News reports. “Nine moderate Democrats joined all Republicans in approving the House’s attack on the administration’s decision to stop permitting new terminals pending a review of climate and price concerns… “Despite the bipartisan House vote, the bill’s chances in the Senate are uncertain at best. Most Democrats appear to support the president’s pause or are willing to give him the benefit of the doubt… “Democrats also pointed out that already-approved terminals would triple the nation’s LNG exporting capacity by the end of the decade. Still, Democratic defections — including Texas Reps. Vicente Gonzalez, Henry Cuellar and Marc Veasey — show how energy issues continue to divide the party. “I’m for American energy, I’m for Texas, and I’m for my congressional district, as simple as that,” said Gonzalez. “Some people have really lost it on the idea of how we treat American energy in this country.” Some Democrats who had expressed concern about the export review pause ended up opposing the bill. They included Reps. Lou Correa of California and Lizzie Fletcher of Texas… “Several Senate Democrats — including Sens. John Fetterman and Bob Casey of Pennsylvania and Joe Manchin of West Virginia — have also expressed concern with the White House’s decision but have not committed to supporting Sen. Tim Scott’s (R-S.C.) companion legislation.”

The Hill: House approves bill to block Biden’s pause on new gas export projects
RACHEL FRAZIN, 2/15/24

“The House on Thursday approved a bill that would ax the Biden administration’s pause on new natural gas export projects by removing its ability to reject export projects altogether,” The Hill reports. “The vote was 224-200. Nine Democrats voted with Republicans in favor of the bill. Those Democrats are: Reps. Yadira Caraveo (Colo.), Jim Costa (Calif.), Henry Cuellar (Texas), Jared Golden (Maine), Vicente Gonzalez (Texas), Rick Larsen (Wash.), Mary Peltola (Alaska), Marie Gluesenkamp Perez (Wash.) and Marc Veasey (Texas). The legislation would remove the Energy Department’s authority to reject projects that would export natural gas, instead giving the power to approve or reject a project solely to the independent Federal Energy Regulatory Commission (FERC)… “While the bill won majority support in the House, it is unlikely to advance through the Democrat-controlled Senate or the White House… “The White House, in a written statement, said it “strongly opposes” the bill, but stopped short of an explicit veto threat.”

E&E News: Greens Face A Test: What Is Biden’s Climate Tipping Point? 
Zack Colman, 2/15/24

“Environmental activists urging President Joe Biden to wage a stronger fight against climate change are facing an agonizing strategic decision: How hard can they push him without risking throwing the election to Donald Trump?,” E&E News reports. “Despite delivering the largest-ever investment in climate action through Congress, pouring hundreds of billions of dollars into technologies such as wind power and electric cars, Biden and his appointees have faced loud protests from activists dismayed by administration actions boosting oil and gas production. Unhappiness is especially rife among the young climate-minded voters who Democrats worry will either sit out the November election or back a third-party candidate… “Protests decrying the administration’s pro-fossil-fuel actions also run the risk of further demoralizing activists who see any compromises as dooming the planet. “I’m worried about getting climate activists back,” Erich Pica, president of Friends of the Earth Action, a group that has sharply criticized Biden’s decisions to back fossil fuel infrastructure projects, told E&E. Given some activists’ doubts about Biden, “I think that is something that the campaign itself has to answer.”

E&E News: Biden Green Team Fans Out To Promote Climate Work 
Robin Bravender, 2/14/24

“Top Biden administration energy and environment officials are traveling across the country in their latest tour pitching their policy record to the public,” E&E News reports. “Interior Secretary Deb Haaland is slated to travel to Virginia, Ohio and Delaware to highlight the administration’s investments in ‘addressing legacy pollution, investing in Indigenous communities, and strengthening climate resilience,’ the White House announced Wednesday. EPA Administrator Michael Regan and Vice President Kamala Harris plan to travel to Pennsylvania to tout clean water investments. Regan will also travel to Texas and North Carolina, according to the White House, ‘to highlight critical investments to reduce climate pollution, advance environmental justice, and deploy clean energy solutions.’ Energy Secretary Jennifer Granholm will head west, visiting California and Washington state, the White House said, where she’ll discuss President Joe Biden’s clean energy policies. Also headed to California is Agriculture Secretary Tom Vilsack, who will tout Biden administration investments that are ‘making communities more resilient to the impacts of climate change and extreme weather events,’ the White House said.”

E&E News: Interior Releases Climate Analysis Of Trump-Era Oil Lease Sales 
Heather Richards, 2/15/24

“The Interior Department released a new climate analysis this week of contested oil and gas leases sold in New Mexico during the Trump administration,” E&E News reports. “The analysis is the latest of several do-overs by Interior’s Bureau of Land Management, which has faced years of litigation over the sale of 45,000 acres in the mature oil and gas fields of New Mexico’s Chaco Canyon region. Environmental groups originally sued over the leases in 2020, arguing that BLM failed to take a hard look at the cumulative impacts on climate and air pollution. In the intervening years, industry interest in drilling the land has waned. More than 40 oil and gas leases were sold in 2019 and 2020. Only two remain active. But the legal saga highlights a broader conflict playing out in federal courts between environmental groups and the U.S. government over how agencies consider the potential climate cost of their drilling decisions. Environmentalists have long urged BLM to include the cumulative greenhouse gas emissions impact of its oil, gas and coal decisions. They are now pushing the agency to consider potential emissions against a global climate budget — shorthand for the amount of new carbon emissions the world can emit before tipping the world past climate warming thresholds.”

Politico: A Biden Oil Sale May Tick Off The TikTok Generation 
Heather Richards, 2/14/24

“President Joe Biden has a potential climate headache brewing in Alaska, where a congressionally imposed deadline requires him to hold an oil lease sale in the Arctic National Wildlife Refuge by December,” Politico reports. “It’s an unwelcome mandate for the president with the election looming, as he tries to woo voters concerned about climate change without putting off independents who may share Republicans’ rosier views of fossil fuel development. The challenge for Biden is particularly stark given how many Americans are unaware of the president’s signature climate actions, such as the passage of the Inflation Reduction Act. A Yale University poll released in December found that 58 percent of voters had heard ‘a little’ about the law, which provided at least $369 billion in federal money to steer a transition to green energy. Biden’s record on federal drilling has been mixed. He’s throttled new leasing in many areas while increasing royalties and attempting to overhaul environmental regulations. Last year, he also canceled leases in the ANWR sold during the Trump administration. Most recently, he froze new permitting for natural gas exports so his agencies can review the climate and energy impacts of shipping the fossil fuel.” 

E&E News: US plans lowest amount of new gas-fueled power in 25 years
Jack Quinn, 2/16/24

“Solar energy and battery storage are expected to constitute more than 80 percent of new large-scale energy installations in the U.S. this year, according to an analysis released Thursday by the Energy Information Administration,” E&E News reports. “At the same time, the U.S. plans to install the lowest amount of new utility-scale natural gas in 25 years, according to the report posted online Thursday from EIA’s Preliminary Monthly Electric Generator Inventory. Wind installations also are projected to increase at a slower pace in 2024 than a few years ago… “As the effects of supply chain challenges and trade restrictions ease, solar continues to outpace capacity additions from other generating resources,” the report said.”

InsideEPA: Youth Plaintiffs Urge 9th Circuit To Reject DOJ Bid To Pause Climate Case 
2/14/24

“Youth plaintiffs in a long-running case alleging the United States government has violated their constitutional rights by promoting fossil fuels are urging the U.S. Court of Appeals for the 9th Circuit to reject the Department of Justice’s (DOJ) latest bid to pause proceedings at a lower court,” InsideEPA reports. “Attorneys for the youth filed a Feb. 12 motion to strike the government’s request for the appeals court to stay the case, Juliana v. United States, while the court considers DOJ’s petition for a writ of mandamus that would order the U.S. District Court for the District of Oregon to dismiss the case, rather than allow it to proceed to trial. The filing says granting DOJ’s request ‘would give [DOJ] a free pass out of trial not afforded any other litigants. The only extraordinary abuse of the rule of law here is by the DOJ and Defendants who repeatedly misstate the case, the law, and the facts during their [eight]-year campaign of targeting these Youth Plaintiffs with unilateral and disparate treatment not waged against any other plaintiffs in the federal courts.’ It also says the 9th Circuit ‘has already ruled conclusively against Defendants on nearly identical arguments,’ that defendants have not complied with court rules, and that they ‘do not meet their high burden for a stay. Moreover, Defendants . . . do not justify why, even if this Court were to take up their mandamus petition, a stay is needed.’”

STATE UPDATES

Axios: Environmental Issues Are Key For 2024 Election In The West, Poll Shows 
John Frank, 2/14/24

“Two-thirds of Western voters are worried about the future of the environment, and an overwhelming majority say the issue is important in deciding which candidates to support in this year’s election, a new poll shows,” Axios reports. “Why it matters: The findings show concerns about public lands, water supplies, wildlife and pollution are reaching new highs in the 14th annual Conservation in the West poll released Wednesday. Of note: The poll surveyed voters in Arizona, Idaho, Utah, Wyoming, Colorado. New Mexico, Nevada and Montana. State of play: The bloc of environmentally-minded voters increased to 85%, up from 75% in 2016, and represented a majority in each major political party and among independents. About nine in 10 voters in all eight Western states polled participated in outdoor recreation activities in the last year and a clear majority in each opposed removing protections for existing public lands, the survey found. What they’re saying: “This year we’ve seen the widest margin in favor of conservation,” pollster Dave Metz of FM3 Research told Axios. It’s remarkable, he toid Axios, because it comes at a time when economic pressure against conservation is the ‘highest it’s been in years.’”

Forbes: California Dreaming: How 90-Acres Of Huntington Beach Oceanfront Could Finance America’s Greenest Petroleum
Christopher Helman, 2/14/24

“Believe it or not, California used to be a “Big Oil” state. It dates back to the turn of the 20th Century, when John D. Rockefeller’s Standard Oil monopoly controlled production nationwide,” Forbes reports. “In fact, petroleum output didn’t peak in the Golden State until 1985 when it hit one million barrels per day, with most of that gushing from the century-old megafields around Bakersfield, in the dusty San Joaquin basin north of Los Angeles. But as fossil fuels became politically unfashionable, California’s oil production has steadily fallen, to just 340,000 bpd last year. Among the handful of San Joaquin supergiants that have given up more than 1 billion barrels of crude oil during their lifetimes, is the 47,000-acre Elk Hills field. Most of the elk herds in the area have been replaced by thousands of “nodding donkey” sucker rod pumps, sometimes placed just a few feet apart, slowly pulling up oil. It’s a relic of the fossil fuel age that is still a common sight in west Texas and Oklahoma, but is quite a spectacle under the green guises of the Golden State.”

Capital and Main: Oil and Gas Donations Shifting Away From Republicans in New Mexico
Jerry Redfern, 2/14/24

“The oil and gas industry has increased non-election year contributions to New Mexico’s politicians as the state Legislature debates new regulation. The industry boosted its contributions to Democrats, the current dominant party in the state, while trimming back donations to Republicans, who still hold a slight lead overall, according to campaign contribution records from the New Mexico Secretary of State’s Office,” Capital and Main reports. “In New Mexico, Democrats hold all elected state-level offices and hold strong majorities in both legislative chambers. A tally of contributions from more than 140 companies, industry-related individuals and industry political action committees shows nearly $688,000 in direct contributions to politicians for the 2023 calendar year — an increase of $23,000 over the 2021 total. In that period, donations to Democrats rose by 7.8% to $313,550 while donations to Republicans dropped 7.5% to $342,401. Contributions to independent and unaffiliated candidates rose from $3,800 to $32,000… “Andrew Forkes-Gudmundson, senior manager for state policy at the conservation group Earthworks, told Capital and Main that interim donations “are intended to influence legislation rather than elections.” He told Capital and Main  that since Democrats hold the reins of state power and grapple with “a heavily polluting, toxic industry,” the increasing donations show “oil and gas is working hard to make sure to preserve their influence.”

San Jose Mercury News: Brentwood moves to ban any future drilling or production of oil and gas
JUDITH PRIEVE, 2/14/24

“Brentwood has moved forward with banning any oil or gas drilling in two built-out parts of its city close to sensitive areas such as homes, parks, daycares and preschools,” the San Jose Mercury News reports. “…Mendoza, the only council member to speak on the issue, thanked the Antioch City Council, which paved the way with an earlier ban, along with environmental groups Sunflower Alliance, the Center for Biological Diversity as well as the many local high school students who spoke in favor of such bans at previous meetings… “Brentwood’s revised rules now focus on specific locations in the city where oil and gas development are no longer appropriate as a conditionally permitted uses, including the Garin Ranch development area north of Balfour Road on either side of Garin Parkway, and Sciortino Ranch, a mixed-use community east of Brentwood Boulevard and on both sides of Sand Creek Road. Planning manager Erik Nolthenius told the council the revised ordinance will also exclude oil and gas development from other planned development areas unless those uses were expressly previously listed as permitted… “The new rules also specify a 3,200-foot distance between any new well, storage tank or production site and residents whose health is at greater risk if exposed to air pollution, such as children, the elderly and asthmatics, according to the report.”

Loveland Reporter-Herald: Oil and gas rules spark discussion at Loveland City Council
JOCELYN ROWLEY, 2/13/24

“Eleven weeks after passing a six-month moratorium on oil and gas development applications, Loveland City Council got its first look at a slate of proposed amendments to city rules and regulations at a study session on Tuesday,” according to the Loveland Reporter-Herald. “In a discussion that was sometimes contentious, council members expressed a mix of views about the stricter rules, the presentation and how to move forward. “I’d say in general, I’m going to be going for the most strict in all of the categories,” said Mayor Jacki Marsh. The discussion was preceded by an hour of public comment that was split between supporters of the stronger rules and those who spoke on behalf of the oil and gas industry, including a representative from the Colorado Oil and Gas Association, who compared the stricter rules to an effective ban… “Commenters in favor of the new rules cited environmental concerns, especially air quality. “Government is supposed to be looking out for the health and welfare of people,” said Loveland resident George Garklavs. “And at least having enough air quality monitors to make sure that things are working the way that you’re supposed to be working is the way to go.”

EXTRACTION

NBC News: National Archives closes after climate change protesters dump red powder on U.S. Constitution
Katherine Itoh, 2/15/24

“The National Archives rotunda and galleries in Washington, D.C., closed to the public early on Wednesday afternoon after two apparent climate change protesters dumped red powder on the case holding the U.S. Constitution,” NBC News reports. “The encasement protected the Constitution from any damage, the National Archives said in a press release. The agency’s conservators are evaluating the damage to the rotunda… “A video posted on social media shows two men covered in the red powder, standing in front of the glass case housing the U.S. Constitution and making prepared speeches about climate change. “We are determined to foment a rebellion,” one man says. “We all deserve clean air, water, food and a livable climate.” Climate change activism group Declare Emergency confirmed to NBC Washington that two of its members were taken into custody at the National Archives… “Climate change activists have recently grabbed international attention for their protests at art galleries, such as smearing cake over the “Mona Lisa” and splashing soup over “Sunflower.”

E&E News: Occidental to pump more Permian oil using captured CO2
Shelby Webb, 2/16/24

“Occidental Petroleum plans to ramp up its use of captured carbon dioxide to pump more oil out of the Permian Basin, harnessing the company’s growing network of direct air capture projects,” E&E News reports. “The company announced the plan Thursday afternoon during a fourth-quarter earnings call. Officials said they plan to bring online about 60 wells, where operators will pump carbon dioxide underground to squeeze more oil out of the earth in a process known as enhanced oil recovery (EOR). Those wells will add about 4,000 barrels a day of new production — a number that will double by 2025 with the help of EOR and triple by 2026 to about 12,000 barrels a day, said Richard Jackson, president of U.S. onshore resources and carbon management operations with Occidental. Occidental President and CEO Vicki Hollub said enhanced oil recovery will be a key part of the company’s future oil and gas development. “We’re getting way ahead of the game here to make sure we’re getting ready, because we do believe the climate transition would not be affordable for the world without EOR being able to produce net-zero carbon barrels of oil,” Hollub said. Occidental has planned for years to brand its oil as net-zero, saying that it would capture the same amount of carbon dioxide from the atmosphere as what is emitted during the production and end-use of the fossil fuel… “But environmental groups have voiced concern over energy companies’ interest in the technology, which they say could be used as a cover that allows oil and gas companies to extend the life of their fossil-fuel-based operations and profits. Most carbon dioxide stays underground through enhanced oil recovery, the Sierra Club says on its website. “But since enhanced oil recovery helps put even more oil and gas on the market, it partially, or even fully, cancels out the benefit of sequestering CO2 in the first place.”

The Hill: Hardly any plastics can be truly recycled, and producers have known for decades: Report
ZACK BUDRYK, 2/15/24

“Plastics producers have promoted recycling their products as an environmental solution for decades despite firsthand knowledge that it was not feasible, according to a report published Thursday,” The Hill reports. “More than 99 percent of plastics are produced using fossil fuels, and of these, the vast majority cannot be “recycled” in the sense of being processed and turned into entirely new products, according to the report from the Center for Climate Integrity. Viable end markets, or businesses that buy recyclables to make new products, only exist for polyethylene terephthalate and high-density polyethylene plastic containers, according to the report. Environmental Protection Agency materials have documented this since for at least 30 years.  Moreover, while some local and city recycling programs collect other categories of plastics, they do not fully recycle them. Those other plastics are burned or deposited in landfills, instead. In many cases, chemical additives or coloring make it impossible to recycle the same types of plastic together, while even plastic products that can be legitimately repurposed degrade in quality over time, and the cost of the process is more than that of producing entirely new plastic. The Center blames the petrochemical industry for the perception that plastics are widely recycled, noting that the industry promoted disposable plastics through the 1950s and 1960s and has since promoted the idea of recycling in response to widespread opposition to single-use plastics. The industry began promoting mass landfilling in the 1970s, and then pivoted to promoting recycling in the 1980s. “For decades, petrochemical companies and the plastics industry have known of the technical and economic limitations that make plastics unrecyclable and have failed to overcome them,” the report states. “Despite this knowledge, the plastics industry has continued to increase plastic production, while carrying out a well-coordinated campaign to deceive consumers, policymakers, and regulators about plastic recycling.”

NPR: Reduce, reuse, redirect outrage: How plastic makers used recycling as a fig leaf
Michael Copley, 2/15/24

“The plastics industry has worked for decades to convince people and policymakers that recycling would keep waste out of landfills and the environment,” NPR reports. “Consumers sort their trash so plastic packaging can be repurposed, and local governments use taxpayer money to gather and process the material. Yet from the early days of recycling, plastic makers, including oil and gas companies, knew that it wasn’t a viable solution to deal with increasing amounts of waste, according to documents uncovered by the Center for Climate Integrity… “But the industry appears to have championed recycling mainly for its public relations value, rather than as a tool for avoiding environmental damage, the documents suggest. “We are committed to the activities, but not committed to the results,” a vice president at Exxon Chemical said during a meeting in 1994 with staff for the American Plastics Council, a trade group… “The Center for Climate Integrity compiled the documents in a report titled “The Fraud of Plastic Recycling: How Big Oil and the plastics industry deceived the public for decades and caused the plastic waste crisis.” It builds on earlier investigations, including by NPR, that have shown the plastics industry promoted recycling even though its officials have long known that the activity would probably never be effective on a large scale. Former industry officials have said the goal was to avoid regulations and ensure that demand for plastics, which are made from fossil fuels, kept growing. Despite years of recycling campaigns, less than 10% of plastic waste gets recycled globally, and the amount of plastic waste that’s dumped in the environment continues to soar.”

Calgary Herald: ‘Put shovels in the ground’: Federal resources minister calls on oilsands producers to move on carbon capture project
Chris Varcoe, 2/15/24

“It’s been more than two years since the Pathways Alliance was officially launched in June 2021, with Canada’s biggest oilsands operators unveiling plans to work together to build the world’s most ambitious carbon capture network in Alberta,” the Calgary Herald reports. “The $16.5-billion proposal, which includes a 400-kilometre pipeline that will connect more than 20 oilsands facilities to a storage hub near Cold Lake, is deep in the planning phases, although a final investment decision hasn’t been made. The pace of progress is quickly becoming a source of frustration with Ottawa. Federal Natural Resources Minister Jonathan Wilkinson told the Herald he wants more action, and less advertising, on the plan by the oilsands producers to reduce their emissions by 22 megatonnes annually by the end of the decade. “It is now time for the industry to start to show actual progress on the ground,” Wilkinson told the Herald. “We are, every day, moving closer to 2030 and it is time that we stop just advertising on television the great things we’re doing from an environmental perspective, and actually put shovels in the ground.” “…The alliance is getting ready in the next few months to submit the necessary regulatory applications for the pipeline and the pore space to store the captured CO2 emissions deep underground… “A report released this week by energy consultancy Wood Mackenzie said the challenge for the carbon capture, utilization and storage (CCUS) project isn’t the level of provincial and federal government incentives, but the lack of certainty surrounding their existence in the future… “The group will file regulatory applications this year and assuming approvals are in hand, a final investment decision could take place in the second half of 2025… “The federal resources minister said he’d like to see the oilsands group move forward with procuring long lead items that take time to deliver, and progress detailed engineering work.”

CLIMATE FINANCE

Financial Times: Exxon Accused Of ‘Bullying’ Tactics In Legal Pursuit Of Climate Activist Investors
Attracta Mooney, 2/13/24

“Climate activist investors have accused ExxonMobil of using ‘bullying’ tactics and putting shareholders’ rights ‘under attack’ by targeting them in a lawsuit even after they withdrew a resolution demanding the oil major do more to cut greenhouse gas emissions ahead of its general meeting,” the Financial Times reports. “The accusation from Follow This came as the Dutch shareholder group announced on Tuesday it had filed a motion to dismiss Exxon’s legal action alongside investment adviser Arjuna Capital, which is also targeted by the lawsuit. Exxon sued the shareholders last month in an attempt to block the petition from going to a vote, alleging that the resolution breached US securities rules, marking the first time the Houston-based energy group has sought to prevent such a vote by using the courts. Earlier this month, Exxon said it would maintain the lawsuit despite the two investors’ decision to abandon their resolution. Follow This said on Tuesday there was no ‘case’ or ‘controversy’ against the pair because they had withdrawn the resolution and agreed not to refile it.”

Reuters: New York pension fund further restricts investments in Exxon, other oil companies
2/15/24

“The New York State Common Retirement Fund would restrict its investments in eight integrated oil and gas companies including Exxon Mobil, after a review of the companies’ readiness to transition to a low-carbon economy, New York Comptroller Thomas DiNapoli, who oversees retirement assets, said,” Reuters reports. “While various universities and public pension funds have restricted oil and gas holdings, few large corporate asset managers have taken similar steps amid high energy prices. The $280 billion New York State fund is not a major holder of shale companies, but as the third-largest U.S. state pension fund its decisions are closely followed as other institutions weigh whether to move away from fossil fuel stocks. The fund had holdings of nearly $26.8 million as of Dec. 31, 2023 from the companies to be divested and restricted, which include Guanghui Energy Company, Echo Energy, IOG, Oil and Natural Gas Corp, Delek Group, Dana Gas, and Unit Corp,

Climate Safe Pensions: New York State Comptroller misses the mark by only divesting $25m of $500 million from Exxon, neglects divesting from other Oil & Gas majors
2/15/24

“Today, following the hottest year on record, New York State Comptroller Tom DiNapoli, sole custodian of the $285 billion NYS Common Retirement Fund (“Fund”), announced a package of fossil fuel divestment and climate action measures. DivestNY, the coalition that over the last decade has led the effort to divest the major public pension funds in New York from fossil fuels, expressed extreme disappointment in the recent announcement by State Comptroller Tom DiNapoli to divest only $27 million of its more than $500 million holdings in ExxonMobil and seven other integrated fossil fuel companies,” Climate Safe Pensions reports. “Last year, DiNapoli reported that the Fund had nearly $5 billion still invested in fossil fuels. “New Yorkers demand full divestment from Exxon and the other oil and gas majors – those most responsible for the climate crisis – across all of the Fund’s active and passive portfolios. The future of our climate and the hard earned pension dollars of the fund members can’t be risked with continued investments in fossil fuels.” said Ruth Foster with the DivestNY coalition. Disturbingly, DiNapoli determined that other major oil and gas companies such as BP, Chevron, Occidental, Petrobras, Shell, and Saudi Aramco satisfy his opaque minimum standards for evaluating companies on their ability transitioning to a renewable energy economy, despite none having credible plans to do so.”

Press release: Gwich’in Steering Committee and Gwich’in Youth Council Respond to Bank of America’s Quiet Arctic Policy Shift; GSC Requests Meeting with Bank Leadership
2/14/24

“The Gwich’in Steering Committee voices deep concern over Bank of America’s recent policy shift, as reported by The New York Times. This change could undermine Bank of America’s public commitment to avoid financing oil and gas exploration and development in the coastal plain of the Arctic National Wildlife Refuge. The Gwich’in Steering Committee recalls Bank of America’s previous assurance that they “have not historically participated in project finance for oil and gas exploration in the Arctic,” which they codified into policy. The Gwich’in have been culturally and spiritually connected to this sacred place for thousands of years, and these changes could threaten our land, water and animals, which impacts our way of life… “Bank of America’s decision to roll back its commitment, transitioning from a blanket prohibition to merely ‘enhanced due diligence’ for Arctic oil and gas projects threatens the Gwich’in way of life and the Porcupine Caribou Herd,” said Bernadette Demientieff, Executive Director of the Gwich’in Steering Committee. “This is about more than profit; it’s about the survival of our culture, our spirituality and our self-determination, which interconnects with the land, water and animals that sustain us.” “…The Gwich’in Steering Committee urgently requests a meeting with Bank of America to address these recent policy changes. We stress the importance of honoring the promise that was previously made to not finance oil and gas projects in the Arctic Refuge. We urge Bank of America to consider the rights, wellbeing, and free, prior and informed consent (FPIC) of Indigenous Peoples in all projects it finances and to avoid projects that harm Indigenous Peoples or violate our rights. This policy shift poses a significant risk to Bank of America, and the lack of consultation or notification about this policy change contradicts our right to FPIC.” 

TODAY IN GREENWASHING

Enbridge: Bridging the gap for students of color through funding and mentorship
2/15/24

“The opportunity gap for students of color is a nationwide problem in the United States, but it is particularly prevalent in Minnesota,” according to Enbridge. “Systemic change and funding are needed to reverse the problem, and that’s where the Page Education Foundation comes in… “Enbridge’s partnership with the Page Education Foundation began in 2022, with $25,000 in Fueling Futures funding provided to date to support various initiatives aimed at reducing educational barriers to students of color. Last year, our $15,000 Fueling Futures donations supported the foundation’s Justice Flourishing Gala in the spring, and a Justice Alan Page Elimination of Bias Continuing Legal Education (CLE) seminar in December.”

OPINION

San Jose Mercury News: Op-ed misstates case against carbon capture
Gregory Croft, San Leandro, 2/15/24

“Chirag Bhakta’s Feb. 8 op-ed makes false assertions about the Montezuma CCS project’s safety,” Gregory Croft writes for the San Jose Mercury News. “He argues that pipelines taking the CO2 to Montezuma will be dangerous. Ironically, the Montezuma site was chosen based on geologic studies by national laboratory scientists to minimize the length of the pipelines. Leak impacts are negligible because the pipelines will be under the river… “His assertions that CO2 storage projects have not been successful and leak are also untrue… “Bhakta also ignores the benefits of decarbonizing the huge emissions from local power plants, refineries, hydrogen and renewable fuel plants. With new federal tax credits, not decarbonizing those emissions is irresponsible.”

The Hill: The next round of the ESG fight should start in Congress, not in court
Sarah E. Hunt is president of the Joseph Rainey Center for Public Policy and director, policy & strategy at the Arizona State University Rob & Melani Walton Sustainability Solutions Service, 2/15/24

“In 2023, during state legislative sessions, approximately 165 bills were framed around using environmental, social and governance (ESG) investment criteria. Such bills will likely continue to be presented in state legislative sessions this year, but the new trend is to take this issue to the courtroom,” Sarah E. Hunt writes for The Hill. “Before the holidays, Tennessee Attorney General Jonathan Skrmetti (R) announced a “first-of-its-kind” consumer lawsuit against BlackRock. While the allegations in this lawsuit ostensibly aim to make the company more accountable to the public, it may unintentionally hurt consumers instead. The lawsuit alleges BlackRock made false or misleading representations to Tennessee consumers about the extent to which ESG considerations affect their investment strategies. It references BlackRock’s membership in organizations such as the Net Zero Asset Managers Initiatives and Climate Action 100+. If successful, this lawsuit will undoubtedly result in higher costs for end investors, potentially harming returns for thousands of retired Tennesseans… “Interest groups have long used consumer deception lawsuits to push policy and stifle free speech. This has been tried with climate litigation, but the reality is that lawsuits never achieve the policy solutions they desire. Ultimately, it is in legislatures where policy should be made rather than in a courtroom setting… “Ultimately, the people of Tennessee will be better served by a broader and more nuanced policy discussion in their state legislature instead of the dice-roll that is resorting to litigation.”