U.S. Representative Tom Reed (R-NY) recently introduced into Congress the Defense of Property Rights Act (H.R. 510), which would allow landowners affected by New York’s hydraulic fracturing ban to sue the government over agency action that “unreasonably impedes the use of property or the exercise of property interests or significantly interferes with investment-backed expectations.” The bill was introduced in response to the December 17, 2014 announcement by New York Governor Andrew Cuomo of a statewide ban on hydraulic fracturing. Representative Reed stated in a press release that “these actions by government entities often leave our neighbors and friends with property that is worth much less, hurting their families and leaving them little choice but to accept the lower value.” Under the proposed legislation, property owners could receive compensation if the agency action diminishes the fair market value of their property by at least 20 percent or $20,000. The bill has been referred to the House Judiciary Committee.
On April 1, 2014, a group of eight U.S. House Democrats sent a letter to the U.S. Environmental Protection Agency (USEPA) urging the agency to address alleged water contamination near drilling sites in Dimock, Pennsylvania; Pavillion, Wyoming; and Parker County, Texas. The congressmen acknowledged that states act as a “major source” of regulations for the oil and gas industry, but expressed their belief that USEPA “has a key role to play in oil and gas development.”
This week the U.S. House of Representatives voted to pass a trio of key energy bills. In addition to the bill that would limit federal regulation of hydraulic fracturing, the House also passed two bills that include provisions aimed at reforming federal permitting processes. By a vote of 228-192, the House passed the Federal Lands Jobs and Energy Security Act (HR 1965), which would, for example, require the Department of the Interior to decide on a federal lands drilling permit application within 60 days of receipt or the application would be deemed approved. Today, the House voted 252-165 to pass the Natural Gas Pipeline Permitting Reform Act (HR 1900), which would require the Federal Energy Regulatory Commission (FERC) to approve or deny a certificate of public convenience and necessity for a prefiled project within 12 months after receiving a complete application, and would also require other federal agencies to act on related licenses, permits or approvals within 90 days of FERC issuing an environmental impact statement. The Obama administration has reportedly threatened to veto all three bills.
In order to fill vacancies at the Department of the Interior, President Obama recently nominated Janice Schneider as Assistant Secretary for Land and Minerals Management, a move welcomed by Secretary Sally Jewell. Currently an environment and energy lawyer in private practice in Washington, D.C., Schneider, if confirmed, will oversee all energy development activities on federal lands and supervise the Bureau of Land Management (BLM), the Bureau of Ocean Energy Management (BOEM), and the Bureau of Safety and Environmental Enforcement. Also nominated were Neil Kornze as Director of the BLM and Tommy Beaudreau as Assistant Secretary for Policy, Management, and Budget. Because Beaudreau currently serves as head of the BOEM, Secretary Jewell is expected to pick his replacement upon confirmation of his new role.
U.S. Senator John Rockefeller (D-WV), Chair of the Commerce, Science, and Transportation Committee, recently asked the Government Accountability Office to assess the impact of current shale oil and gas development on the nation’s existing transportation infrastructure, including rail and pipelines. Rockefeller’s request was reportedly prompted by a recent train derailment incident in Quebec and the Sissonville, WV, pipeline explosion event which occurred in December 2012. The Committee held a hearing on rail safety in June 2013 and a field hearing on pipeline safety in January 2013.
The U.S. Senate Energy and Natural Resources Committee is hosting a series of three “public listening sessions” to gather information from stakeholders with an interest in federal policy concerning natural gas issues. The first session, held in a roundtable format, occurred on May 14 and addressed Infrastructure, Transportation, Research and Innovation. The remaining two sessions are scheduled for May 21 (to address Domestic Supply and Exports), and May 23 (to address Shale Development—Environmental Protection and Best Practices). A complete list of witnesses, which include natural gas producers, distributors, utilities, environmental groups, regulators, consumers and exporters can be found on the U. S. Senate Comiittee on Energy & Natural Resources website.
Yesterday, the U.S. Senate voted to confirm Ernest Moniz as the new Secretary of the U.S. Department of Energy. Most recently, Moniz worked as a professor at the Massachusetts Institute of Technology. Moniz replaces Steven Chu, who stepped down in February 2013.
Today the U.S. Senate Committee on the Environment and Public Works voted 10-8 in favor of advancing Gina McCarthy’s nomination for EPA Administrator. The nomination now moves to the full Senate for consideration.
The U.S. Senate Committee on Environment and Public Works has rescheduled the vote on the nomination of Gina McCarthy for EPA Administrator for May 16, 2013. The Committee was forced to reschedule the vote in light of a boycott last week by Republican members of the Committee.
Reuters reports that all eight Republican members of the U.S. Senate Environment and Public Works Committee refused to participate in a scheduled vote on May 9, 2013. The boycott prevented Gina McCarthy’s nomination from proceeding to the next step, which would be a full Senate vote. David Vitter (R-LA), the top Republican on the Committee, reportedly said the boycott was based on McCarthy’s refusal to answer questions about agency transparency. McCarthy submitted answers to over 1,000 written questions that Republican senators asked of her following McCarthy’s confirmation hearing on April 11, 2013. Democrats hold a majority of the seats on the Committee. If all Democratic members of the Committee participate in the next vote, which is not yet scheduled, McCarthy’s nomination is expected to proceed to the full Senate.
U.S. Senator Barbara Boxer (D-CA) has announced that the Environment and Public Works Committee will hold a vote May 9, 2013, on Gina McCarthy’s nomination to serve as the next Administrator of the U.S. Environmental Protection Agency. McCarthy appeared before the Committee in April to discuss her qualifications for the position. Currently, there is no timetable for the full Senate to vote on her nomination.
Today the U.S. Environmental Protection Agency announced that it is extending by more than six months the deadline for the public to submit scientific data and literature to inform EPA’s study of the potential impacts of hydraulic fracturing on drinking water sources. The new deadline is November 15, 2013. Last week, the U.S. House Science, Space and Technology Committee convened a hearing to examine hydraulic fracturing research efforts by the Federal Government. Members of Congress reportedly criticized the slow pace at which EPA is approaching the study. EPA has stated in the past that it intends to issue draft results of the study by 2014.
Yesterday, the U.S. Senate Committee on Commerce, Science, and Transportation held a field hearing in Charleston, West Virginia, to discuss pipeline safety issues in the wake of the December 2012 gas pipeline incident in Sissonville, West Virginia. The Committee heard testimony from Ms. Sue Bonham, a resident of Sissonville; Ms. Deborah Hersman, Chairman of the National Transportation Safety Board (the independent federal agency investigating the Sissonville incident); Ms. Cynthia Quarterman, Administrator of the Pipeline and Hazardous Materials Safety Agency (the federal agency responsible for ensuring the safety of gas and hazardous liquid pipelines); Ms. Sue Fleming, Director of Physical Infrastructure Issues for the U.S. Government Accountability Office (an independent agency that performs audits, investigations, and studies for the U.S. Congress); Mr. Jimmy Staton, a senior executive for NiSource Gas Transmission and Storage; and Rick Kessler, President of the Board of the Pipeline Safety Trust (a nonprofit group dedicated to pipeline safety). The witness’ written testimony and an archived webcast of the field hearing can be found on the Committee’s website.
As reported in The Hill’s Energy and Environment Blog, the U.S. House of Representatives’ Committee on Oversight and Government Reform will be creating a new subcommittee on Energy Policy, Healthcare and Entitlements for the 113th Congress. Representative James Lankford (R-Okla.) will be chairing the subcommittee, which will focus on cross-jurisdictional energy policy issues, including potential changes to the energy provisions in the U.S. Tax Code.