executive orders

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?”

 

A Lame Duck Congressional Cromnibus

A lame duck Congress is reduced to passing a tax bill that expires almost as soon as it passes and a spending bill that seeks to single out the Department of Homeland Security.

A lame duck Congress is reduced to passing a tax bill that expires almost as soon as it passes and a spending bill that seeks to single out the Department of Homeland Security.

The lame duck Congress appears on the verge of passing a tax bill that would expire January 1, 2015 and considering something called a "cromnibus," a plan to keep the federal government's doors open while placating conservative Republicans.

The tax bill, which would extend 50 expiring tax benefits, was once a promising measure. But the omission of an earned income tax credit, the threat of a presidential veto and the looming GOP congressional majority in the next Congress left negotiators little wiggle room. They chose the lowest common denominator – extending the tax provisions through 2014, but ending January 1, 2015.

That means tax credits, such as the one that benefit electric motorcycle manufacturers like Brammo in Ashland, Oregon, won't be unplugged, at least for now.

The cromnibus has a similar political lineage.

Just last month, House and Senate Appropriations staff were well on their way to negotiating framework for a 2015 omnibus spending bill. Thanks to a bipartisan deal crafted last December by Senator Patty Murray (D-WA) and Representative Paul Ryan (R-WI), domestic and national security spending levels were set for fiscal years 2014 and 2015. The deal gave Congress a funding road map for fiscal 2015 and allowed House and Senate Appropriations panels to write nearly all of their fiscal 2015 bills with comparable top-line spending levels, leaving less to negotiate.

Unfortunately, optimism for an omnibus measure faded after President Obama issued an executive order on immigration to protect five million undocumented immigrants from deportation. Many Republicans insist the executive actions are an abuse of constitutional power and are turning to the appropriations process to block Obama's efforts. 

To appease these members of the GOP, House Appropriation Chair Harold Rogers (R-KY) is crafting a "cromnibus" package. This measure would fund all of government operations and spending through the end of fiscal 2015, except for Homeland Security. A separate three-month continuing resolution would be provided for the agency, buying time for the GOP to determine how to block the executive orders in the new Congress.

Still, a group of vocal conservatives is pushing House GOP leaders to attach a policy rider to the cromnibus that explicitly prevents funding for executive actions on immigration. Such a move would be dead on arrival in the Senate. For now, the clock is ticking as appropriators race to finalize a plan that will pass both chambers by December 11 and prevent a government shutdown. 

Ultimately, the outcome of the lame duck session will give the best indication of how well the new Republican majority will work with President Obama. If Republicans prefer to play hardball with a possible government shutdown on December 11, the stage will be set for a tumultuous two years of governing.

Members of Congress returned to DC with a hefty to-do list that includes the National Defense Authorization Act, which has a strong history of bipartisan support and is on track to pass again this year.