EPA

Executive Orders Could Give New Hope to Coal Terminal

Recent executive orders signed by President Trump seek to relax federal rules that have been used by states such as Washington to block fossil fuel export terminals, sparking speculation the proposed coal export terminal in Longview could be resurrected.

Recent executive orders signed by President Trump seek to relax federal rules that have been used by states such as Washington to block fossil fuel export terminals, sparking speculation the proposed coal export terminal in Longview could be resurrected.

A coal terminal in Longview, Washington may not be fully buried and gone, according to Carl Segestrom, an editorial fellow at High Country News.

In a piece carried by Mother Jones, Segerstrom speculates that Trump administration executive orders issued April 10 could lead to a rewrite of Section 401 rules under the Clean Water Act. States and tribes rely on existing rules to deny permits for facilities that release pollutants into federally protected waters such as the Columbia River.

“Trump’s directive declares that the current process ‘cause(s) confusion and uncertainty, leading to project delays, lost jobs, and reduced economic performance,’” Segerstrom asserts. The administration’s goal, he adds, is to tip the scales more in favor of extractive industries and away from states such as Washington and Oregon that have blocked fossil fuel export facilities.

“In the name of energy dominance, the federal government is looking to curtail state environmental reviews and promote fossil fuel exports. By doing so, it’s wading into an ongoing fight between coastal and Interior West states over permit denials for export facilities on the West Coast,” he writes. 

The effort to locate a 44 million ton coal expert facility in Longview was blocked when the Washington Department of Ecology declined to issue a water quality permit as required under Section 401 of the Clean Water Act.

The effort to locate a 44 million ton coal expert facility in Longview was blocked when the Washington Department of Ecology declined to issue a water quality permit as required under Section 401 of the Clean Water Act.

Segerstrom questions whether the federal Environmental Protection Agency will weaken rules enough to resurrect the proposed 44 million ton Millennium coal terminal in Longview. While he doesn’t say so directly, turnover in the White House after the 2020 election could scuttle the rule changes Trump seeks.

The Washington Department of Ecology denied Millennium a water quality permit In September 2017, citing Section 401 rules intended to protect federal waterways. US District Court Judge Robert Bryan rejected an appeal last month that argued the water quality permit denial interfered with the Constitution’s Commerce Clause provision.

Energy industry officials and elected officials from energy-producing inland states have pushed for rule changes that will give them an opportunity to site West Coast terminals to export crude oil, liquified natural gas, propane, methanol and coal to Pacific Rim markets. They argue these fossil fuel exports will in many cases substitute for fuels that produce higher level of greenhouse gas emissions. They also say the exports occur anyway through US ports on the Gulf of Mexico, resulting in longer, more expensive ocean trips to their Asian destinations. 

Fossil fuel export terminals have failed to gain critical Clean Water Act permits, but there are other objections that have played a role, most notably concern over more unit-train traffic and a heightened threat of spills and explosions.

Segerstrom cites Diane Dick, a Longview activist who has fought the coal terminal for nearly a decade. “From the beginning, she said the fight over the terminal felt bigger than just one project; she’s watched it become a poster child for a national debate over energy infrastructure. Now, as the executive branch tilts the scales against local environmental protection, Dick sees a larger question looming: When and based on what can a community protect itself?”

 

Clinton Joins in Zika Finger-Pointing

After a newborn child died from a Zika-related illness in Texas, Democratic presidential nominee Hillary Clinton joined the chorus of critics bashing Congress for not yet providing money to fight the disease.  

After a newborn child died from a Zika-related illness in Texas, Democratic presidential nominee Hillary Clinton joined the chorus of critics bashing Congress for not yet providing money to fight the disease.  

Democratic presidential nominee Hillary Clinton joined the Zika blame game as she condemned Congress for failing to provide funding to combat the deadly disease after a Texas infant died from Zika-related complications.

In Februrary, President Obama requested $1.9 billion in emergency funding to respond to the spread of the Zika virus abroad and prepare for its feared arrival in the United States. Despite multiple proposals from both chambers in the following months, Congress left town in July without an agreement on Zika funding. 

Negotiations came to a screeching halt when Senate Democrats blocked a last-ditch, $1.1 billion package to fight the virus. Democrats were on board with the funding level, but pulled their support when provisions were added in conference to relax EPA regulations, protect the flying of the Confederate flag and prevent Planned Parenthood clinics in Puerto Rico from receiving money to fight the virus.

With Congress in the middle of its seven-week summer recess, a newborn baby in Texas with Zika-related birth defects has died. The news comes alongside four new Zika cases reported in Florida.

While both parties have spent the past few weeks blaming one another for inaction, Democrats have taken a new approach. Several top Democrats, including President Obama, have urged Republican leadership to cut the recess short and return to Washington to pass a bipartisan measure at the funding level requested by the administration.

After the news in Texas broke, Clinton joined the blame game. In a speech in Florida, Clinton urged Republicans to come back to Washington and “pass the bipartisan funding package the Senate passed.” Clinton was referring to the original $1.1 billion compromise package reached by Senators Roy Blunt (R-MO) and Patty Murray (D-WA), absent the controversial policy riders that emerged in the conference report.

Republicans have yet to budge and repeatedly point to the proposals Democrats rejected. In a recent op-ed, House Speaker Paul Ryan writes, “[Democrats] blocked our plan not once, but twice – a blatant ploy in an election year.” The Speaker added, “Because of their actions, this funding is in limbo. It shouldn’t be.”

Although the recent Zika cases may not cause Congress to trim its recess, Zika funding will certainly remain a hot topic when members return.

In the meantime, the Obama administration has shifted $589 million, most of which came from Ebola resources within the Department of Health and Human Services and Department of State/USAID, to be used for Zika-related prevention and treatment.   

Michael Skipper is CFM’s Federal Affairs Associate. Before joining the team in Washington, D.C., Michael worked on state affairs in Oregon, where he also studied political science and environmental policy at OSU. In his free time, Michael enjoys traveling, reading and spending time with friends and family. You can reach him at michaels@cfmpdx.com