The Interior Department Has a Legal Duty To Protect Our Public Lands

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Climate and Energy

by Adam Carlesco, Food & Water Watch Staff Attorney

On the campaign trail, Joe Biden was adamant about stopping oil and gas drilling on public lands. Now it’s time to actually make it happen.

Biden Has Laid The Groundwork To End Leasing Of Public Lands For Fossil Fuel Extraction

In the first few days of his presidency, President Biden signed two executive orders which directed the Department of Interior to temporarily halt the leasing of public lands for fossil fuel extraction. During that time, the administration pledged that it would review how to reform its lands leasing policy to best fight climate change in a scientifically informed manner.

While that new policy is still months away, the pause was a significant start. While public lands have the potential to be a major global carbon sink, federal lands currently produce nearly a quarter of all U.S. greenhouse gas emissions due to decades of extensive land leasing to private oil, gas, and coal extraction corporations at bargain basement rates. As one of the largest single historical contributors to global greenhouse gas emissions, the Interior Department’s continued leasing of public lands for the extraction of fossil fuels would threaten climatological stability which, in turn, would drastically impact endangered plant and animal species, exacerbate wildfires, degrade air quality, and threaten many freshwater sources.

The Department Of Interior Can – and Should – Ban Fracking

The continued degradation of public lands and the global ecosphere is not simply unacceptable, it is contrary to the laws that govern the Department of Interior. As the largest landholder in the U.S. and the principal public land management agency, the department is tasked under the Federal Land Policy Management Act with ensuring that public lands preserve “multiple uses” which requires lands be used for “a combination of balanced and diverse resource uses that take into account the long-term needs of future generations.” It must also ensure that a sustained yield of “renewable resources” (i.e., freshwater, fish, wildlife, plants) be maintained in perpetuity. In order to see that public lands are managed accordingly, Interior is mandated to “take any action necessary to prevent unnecessary or undue degradation of the lands” it manages, and has great latitude in how it prevents such degradation.

The continued leasing of these lands for fossil fuels amidst a global climate emergency simply does not comport with Interior’s multiple use and sustained yield management requirements and, in fact, would lead to undue and unnecessary degradation of public lands.

Food & Water Watch Spelled Out The Legal Case For Ending Fossil Fuel Leasing On Public Lands

In comments filed with Interior on April 15, 2021, Food & Water Watch laid out how the agency is legally required to cease its destructive leasing practices if it is to truly comply with its statutory requirements while living up to President Biden’s directive to “to listen to the science; to improve public health and protect our environment; to ensure access to clean air and water; … to hold polluters accountable, including those who disproportionately harm communities of color and low-income communities; [and] to reduce greenhouse gas emissions.”

Food & Water Watch further countered common industry talking points which seek simple “reform” of Interior’s leasing program, via the false solutions of carbon taxes and implementing carbon capture and sequestration systems which do not address the gravity of the climate crisis while still allowing continued extraction and combustion of polluting fossil fuels.

This comment period was an informal method to solicit input from the concerned public, but the Interior Department will need to engage in robust public outreach and environmental review of its leasing program as it goes forward with its next steps. As the department is legally required to pursue the least-harm alternative in land management, a thorough and candid environmental review of this program can only result in one outcome – a halt to all fossil fuel extraction on public lands. As this process unfolds, Food & Water Watch will continue its work of ensuring that ordinary people, when organizing together, have their voices heard by those in power. Together we can stop fossil fuel extraction on public lands and work towards a greener future.

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Sussex County Council Approves Up to $60 Million in Bonds to Cover Bioenergy DevCo Costs

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Climate and Energy

Georgetown, DE — Today, the Sussex County Council voted to approve up to $60 million in Private Activity Bonds to cover construction and other costs associated with Bioenergy DevCo’s recently approved biogas scheme. The vote came one week after the Council voted to approve a conditional use permit for the industrial gas production facility to be sited near Seaford in an agricultural-residential zone, despite an outpouring of public opposition.

In order to build their massive gas production and refining project, Bioenergy DevCo will need to secure numerous state pollution permits. If permitted, this Sussex County factory farm gas facility will be the company’s first in Delaware and their fourth project in the United States since joining forces with Italy-based BTS Biogas to enter the US market. A portion of the $60 million in private activity bonds will be exempt from federal income taxes, meaning taxpayers will subsidize the start-up costs of the dirty gas facility, rather than go toward projects that directly benefit County residents. The site is located in a community where a third of the residents currently live below the poverty line. 

In response, Food & Water Watch Delaware Organizer Greg Layton issued the following statement:

“Today’s vote confirms one of our worst suspicions — that taxpayers will subsidize the cost of this polluting facility, all to assure venture capitalists a ready profit. The hundreds of residents who expressed public opposition to the biogas scheme should have been considered in the decision to issue the tax exempt bonds, which are limited in supply, to fund the very project they opposed. Governor Carney must stop this project in its tracks, and direct the Department of Natural Resources and Environmental Control to deny Bioenergy DevCo its pollution permits.”

Florida Legislature Passes Extreme Energy Preemption Bills

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Climate and Energy

Tallahassee, FL — Yesterday, the Florida State Senate voted to pass a suite of energy preemption legislation that has been making its way through the legislature. The bills, SB 1128/HB 919 and SB 856/HB 839, now head to Governor DeSantis’ desk for his signature. If signed into law, the suite of bills would preempt any local government action to restrict or prohibit sources of energy production, thus hampering local governments’ abilities to move off fossil fuels. 

Part of a nationwide push by the oil and gas industry to preempt local government initiatives to move off fossil fuels, Florida’s bills are the most stringent to move ahead in any of the fourteen states with similar legislation under consideration. Another dangerous bill making its way through the legislature is SB 896/HB 539, which would redefine Florida’s clean energy to include false solutions like “renewable natural gas,” ensuring fossil fuel industry entrenchment for years to come. The bill would also prevent communities from being able to decide if and where to site utility-scale solar installations. 

In response, Food & Water Watch Florida Senior Organizer Brooke Errett issued the following statement:

“The Florida legislature is drilling the nail into their own coffin. Instead of following the lead of our local legislators who have forged boldly ahead with clean energy resolutions that respond to constituent demands, our state legislators are carrying water for industry interests. Florida will suffer from these energy preemption bills today and in the future, as we try to fight climate change’s worst impacts only to find our toolboxes emptied. Governor DeSantis pledged to fight for Florida’s environment and ban fracking — which he has thus far failed to do. DeSantis now has the chance to rise to this historic occasion and veto these dangerous energy preemption bills, or he will be responsible for driving the final stake into the heart of Florida’s clean energy future.”

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(Note: For additional background, read this op-ed by Food & Water Watch Senior Florida organizer Brooke Errett)

Gov. Newsom’s Future Fracking Ban is a Half-Measure

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Climate and Energy

Sacramento, CA — Today California Governor Gavin Newsom once more declined to use his executive power to ban fracking, opting instead to direct CALGem to phase out new fracking permits by January 2024 and phase out oil extraction by 2045. These measures fall far short of demands, failing to address more than 242,000 state-regulated wells already in operation. The move underscores Newsom’s efforts to rebuild his reputation as a climate leader after a fracking ban died in the legislature, lacking his support. 

Statement of Food & Water Watch California Director Alexandra Nagy:

“While it is significant that for the first time Governor Newsom is acknowledging the need to ban fracking and his authority to do it, this announcement is a half measure as it allows continued drilling and fracking for the next two and a half years. It comes after years of pressure and dedicated organizing by thousands of Californians who want a just transition away from fracking now.

“Directing his regulatory agencies to do the work over two and a half years that the governor can do today is more of the dodging we’ve seen from Newsom during his entire tenure. Phasing out oil drilling is absolutely necessary, but 2045 is a long way off. Until then, Newsom leaves Californians on the frontlines to pay for the oil industry’s scars on the landscape and damage to community health. He needs to use the authority the law has given him to stop issuing all new oil and gas permits, ban fracking completely and phase out oil drilling now starting with a 2,500 foot health and safety buffer between wells and sensitive sites. Newsom needs to protect our water supplies as we head into a destructive drought and guard our frontline communities from further harm.”

In 2020, Newsom approved 83 fracking permits for 608 individual fracking events, according to state regulators at CalGEM. This was out of 3,745 total permits for oil and gas wells in 2020. In total Governor Newsom has approved 8,129 drilling permits since taking office. 85 percent of those living within 2,500 feet of an oil well are Hispanic or non-white. 90 percent of California’s fracked land is owned by the state and unaffected by President Biden’s January executive order pausing the issuance of leases on federal land.

Contact: Jessica Gable – [email protected]

US Steel Backs Out of Edgar Thomson Fracking Well Scheme

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Climate and Energy

For Immediate Release

Today, US Steel announced that it was abandoning its plan for a fracking well at the Edgar Thomson mill in East Pittsburgh. 

The dangerous scheme to drill in a densely populated community has drawn intense opposition from the start. 

In response, Food & Water Watch Pennsylvania State Director Megan McDonough released the following statement: 

“Since the day this fracking plan was announced, this community has fought to stop this project. We know all too well the dangers of fracking, and folks in the Mon Valley are sick of being the sacrifice zone for the fossil fuel industry. 

“While folks like John Fetterman were siding with the frackers, our community worked with local political leaders to protect ourselves from an outrageously dangerous plan hatched by an out-of-state corporation to drill a new fracking well in a densely-populated community.”

Contact: Megan McDonough, [email protected]

Biden Emissions Goal is Inadequate

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Climate and Energy

For Immediate Release

Multiple news reports suggest that the White House is set to announce a goal of cutting greenhouse gas emissions in half from 2005 levels.  

In response, Food & Water Watch Policy Director Mitch Jones released the following statement:

“While these White House goals are being lauded as aggressive, they are inadequate. As the world’s historical largest emitter of climate pollution, we have a duty to do much more, and to act with greater urgency.

“These goals — based on comparisons to exceptionally high 2005 emission levels — will be meaningless without policies that explicitly reduce our reliance on fossil fuels. Biden can make real headway on that front by fulfilling his campaign pledge to end fossil fuel extraction on public lands. He must also halt all new fossil fuel projects, which are polluting frontline communities and driving up emissions, and should join the push to ban fracking everywhere.

“It is also vital that Democrats in Congress zero out fossil fuel subsidies in any infrastructure and climate packages — including the giveaways for industry-friendly carbon capture schemes.” 

Contact: Peter Hart, [email protected]

The Joe Manchin Problem In This Climate Moment

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Climate and Energy

PHOTO CC-BY © SENATE DEMOCRATS / FLICKR.COM

by Peter Hart

After getting a massive recovery plan through Congress, the Biden administration unveiled its next move: A $2.3 trillion dollar jobs and infrastructure proposal that prioritizes a host of clean energy initiatives and upgrades to our water systems. While the package — dubbed the American Jobs Plan — would be progress after four years of Trump, it falls short of what we truly need to tackle these crises. That’s why activists and some Democratic lawmakers are already demanding more.

As this unfolds, Democratic lawmakers are keenly aware of the need to please one of their own: West Virginia Senator Joe Manchin. But appeasing Manchin cannot come at the expense of climate action and environmental justice.

Manchin has already shown that he’s willing to act as a spoiler, or at least threaten to do so. His initial reluctance to support the White House’s $1.9 trillion COVID recovery plan led to a last minute scramble; in the end, Manchin voted with the rest of the party, but only after “winning” a reduction in unemployment benefits. And during the legislative debate over that relief bill, Manchin also emerged as one of the loudest opponents of increasing the federal minimum wage.

Manchin’s Fossil Fuel Friendly Record is a Problem

When it comes to climate action and halting the fossil fuel industry, we don’t need to wait for any upcoming votes to understand where Manchin is coming from. In February he wrote two letters to Biden; one urged the president to reconsider his executive order stopping the Keystone XL pipeline, while the other touting fracked gas as a boon to “our nation’s energy security” that could fuel a surge of new petrochemical facilities. And before the White House rolled out its American Jobs Plan, Manchin was vowing that any deal needed to draw Republican support — an exceptionally unlikely prospect. “I’m not going to do it through reconciliation,” he said.

This has left many to lament the fact that Manchin holds what amounts to ‘veto power’ over the entire Biden legislative agenda. It is not yet clear whether he really intends to use it to thwart a golden opportunity to create millions of jobs and build the clean energy economy of the future. Manchin knows that he holds considerable sway; as he recently told a radio host in his home state, “If I don’t vote to get on it, it’s not going anywhere.” 

But a Powerful Climate Movement Can Win In Spite Of The Manchin Problem

What is crystal clear, though, is that the politics around the climate crisis have swung dramatically in favor of real action. A little over a decade ago, Manchin’s Senate campaign included a commercial where he quite literally shot a copy of the failed Obama-backed cap and trade bill. So It’s a sign of real progress that lawmakers nowadays are backing substantially more ambitious proposals than were being pushed back then. And even more importantly, the grassroots movement demanding real action is even more powerful.

When push comes to shove, the climate movement — and the absolute necessity of coming up with a bold plan to get off fossil fuels — will prove to be more powerful than a single senator.

Your friends need to see this.

Sussex County Council Disregards Public Opposition; Votes Unanimously to Approve Controversial Dirty Bioenergy Biogas Proposal

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Climate and Energy

For Immediate Release

Georgetown, DE — Today, the Sussex County Council voted unanimously (5-0) to approve Bioenergy DevCo’s controversial factory farm biogas facility’s conditional use permit to site their industrial operations in an agricultural-residential zoned neighborhood near Seaford. The scheme, which plans to transform Perdue’s poultry slaughterhouse waste into methane to support regional pipeline infrastructure, received conditional use approval despite significant risks to public health, safety and environmental justice concerns.

The vote to approve the conditional use permit comes after months of community organizing throughout Sussex County. Last month, over 230 advocates overwhelmed the County hearing for the project with steadfast opposition to the dirty scheme. Over the past week, constituents made more than 70 calls to Council members, urging them to vote against the project. With the approved conditional use permit, Bioenergy’s proposal now goes to the state to seek permits for air pollution, water quality and solid waste handling.

Those opposed to the project warn that the factory farm biogas proposal threatens further entrenchment and expansion of the dirty and dangerous gas and poultry factory farm industries  in Delaware and in the Delmarva region. Highlighted during COVID-19 as hotbeds of community transmission, the poultry factory farming industry across the area is known for substandard working conditions that threaten food safety and the health and safety of workers; unsustainable practices that produce excessive poultry litter that leaches pollution into drinking water sources, rivers, streams and the Chesapeake Bay; and exploitative practices that crowd out independent producers and local food economies.

Residents and advocates remain united against factory farm biogas buildout in Delaware, as the industry seeks to expand throughout the region. Groups turn next to the state permitting process to make their voices heard.

“Today’s vote is a disappointing vote for factory farms and dirty energy in Delmarva — two things Sussex County residents need less of,” said Food & Water Watch Delaware Organizer Greg Layton. “To burden a local population already surrounded by Superfund sites and poultry factory farms with this factory farm gas scheme will only invite greater public health and safety risks. From the outset, members of the Sussex County Planning & Zoning Commission and County Council made it clear that they were uninterested in their constituents’ concerns. Today’s decision proves that local elected officials are more interested in lining the pockets of agribusiness and dirty energy interests than addressing the needs of their most vulnerable constituents.”

“It is a sad day when the will of the people, along with our zoning code take a back seat to special interests,” said Maria Payan of the Sussex Health & Environmental Network and the Socially Responsible Agricultural Project. “Vulnerable communities will suffer again. This application was totally misrepresented — and approved by the County anyway, even after it was exposed.”

Contact: Phoebe Galt, Food & Water Watch, [email protected]

Carbon Offset Scams Facing Broad Opposition

Categories

Climate and Energy

For Immediate Release

Washington, DC — As the Biden Administration gears up for a global climate summit and Congress begins negotiations on an infrastructure package, agricultural-based offsets for polluters are attracting considerable criticism as a false solution that will do little to reduce emissions. 

A cadre of organizations recently sent a letter to Congress, coordinated by Food & Water Watch, that focuses on the Growing Climate Solutions Act, legislation that would lay the foundation for a federally certified carbon offset program. Senate Agriculture, Nutrition and Forestry Chairwoman Debbie Stabenow (D-MI) and Rep. Abigail Spanberger (D-VA-7) are leading this effort in Congress, and are expected to reintroduce the bill in the days ahead. 

While supporters of the Growing Climate Solutions Act (including powerful fossil fuel and agribusiness interests) portray offsets as a win-win for farmers and the climate, critics point out that offsets undermine efforts to create a more sustainable and regenerative farming system, weaken efforts to address climate change and increase pollution in environmental justice communities while also not eliminating existing pollution at source..

“Family farmers must be part of any solution to the climate crisis, but are also justifiably dubious of relying upon corporate controlled market schemes to do so. Farmers have long been denied a fair (parity) price for their commodities due to price rigging by the food giants, and this same abuse will happen with carbon trading. Privatized pollution speculation is a false climate solution — a much better option is to encourage family farmers to switch towards more agroecological practices by expanding existing publicly funded conservation programs,” said John E. Peck Executive Director Family Farm Defenders.

Those opposed to the bill also outline existing USDA programs such as the Environmental Quality Incentives Program and Conservation Stewardship Program that are oversubscribed, and with more funding could actually help build soil health, protect water quality, and avoid greenhouse gas emissions while boosting farm income. In addition to increasing funding for these programs, the groups point to the need to close loopholes that fund factory farming, which are inundating environmental justice and rural communities with air and water pollution and perpetuating dangerous occupational conditions for farmworkers. 

“Farmworker frontline communities bear the direct consequences and are the primary victims of the pollution caused by CAFOs and factory farms by diminishing air quality and often contaminating the water on which these communities rely for their daily needs,” said Nezahualcoyotl Xiuhtecutli, General Coordinator, Farmworker Association of Florida.

The pollution concerns with offsets do not end with factory farming; as the letter points out, offsets are actually increasing pollution in environmental justice communities where power plants and other polluters are already relying on offsets to  continue the status quo.

“My water-rich, life giving homelands are under attack. A new oil pipeline by Enbridge Energy will carry nearly a million barrels of the world’s dirtiest oil through our tribal territories, threatening our traditional foods, our waters, our ways of life, in fact our very lives. And not just here in Northern Minnesota; the effects on the climate threaten the entire world. Enbridge’s Line 3 will contribute the equivalent of the carbon produced by 50 coal fired power plants, while being able to claim net-zero emissions through scams like carbon offsets,” said Simone Senogles, a member of the Red Lake Band of Chippewa Indians and Indigenous Environmental Network.

Climate advocates have also voiced opposition to offsets, based on numerous studies that raise serious concerns about their actual impact on reducing emissions derived from the extraction and burning of fossil fuels.

“Offsets don’t stop climate change because they don’t stop emissions. The whole point of an offset is that one entity gets to keep emitting greenhouse gases. Major oil companies are claiming to be greening their operations by purchasing offsets, while at the same time expanding operations for the continued extraction and burning of fossil fuels. That fact alone should leave no doubt that the emperor is truly naked. Offsets are not a climate solution and continued emissions lead to continued warming,” said Doreen Stabinsky, professor of global environmental politics, College of the Atlantic.

Contact: Jim Walsh, [email protected]

Governor Cuomo Fumbles On His Commitment to Fossil Fuel Phaseout

Categories

Climate and Energy

For Immediate Release

Albany, NY — In a press conference today, Governor Cuomo appeared to fumble on a commitment made in his January State of the State address to replace fossil fuel plants with clean power. In his remarks today, Governor Cuomo said his goal was to use renewable energy sources for the power plants, but “that may not be a realistic option.”

In his State of the State speech, Governor Cuomo committed to fossil fuel phaseout, a necessary step to make progress against climate goals, saying “we must replace fossil fuel plants with clean power. There are no ifs, ands or buts about it.” His backtracked remarks today seemed to indicate an unwillingness to fulfill his legal obligation under the state’s climate law to move New York off fossil fuels, including stopping the Danskammer, Gowanus and Astoria fracked gas plants.

In response, Food & Water Watch Northeast Region Director Alex Beauchamp issued the following statement:

“To make any serious progress on climate change, Governor Cuomo must fulfill his legal and moral obligation to phase out fossil fuels. We cannot continue to import fracked gas, let it flow through pipelines in our communities, or burn it in our power plants, factories and buildings. Governor Cuomo must get back on track and put in the hard work to move New York off fossil fuels for good. As he said himself, there are no ifs, ands or buts about it.”

Contact: Phoebe Galt, Food & Water Watch, [email protected]