While the international drama around the Copenhagen climate negotiations has unfolded this month, activists in Oregon have simultaneously been continuing the struggle to keep high-carbon liquefied natural gas (LNG) out of the western US. This December saw several important developments in the fight – some good and some bad – which I’ve attempted to summarize below. A quick preview of the highlights: US Senator Ron Wyden (D-OR) and the Fourth Circuit Court of Appeals (yeah it’s in Maryland, not Oregon) each took actions that spell hope for activists working to keep LNG out of Oregon, and out of the country.
At the beginning of this month, staff from the Federal Energy Regulatory Commission (FERC) visited Oregon to look at the environmental impacts of a proposed LNG pipeline which would ship imported gas from the Columbia River to the California market. I wrote about this visit in detail earlier, but it’s worth repeating that students from Linfield College and Pacific University turned out in force for the event, to express youth concerns to FERC. FERC has already established a trend in Oregon of rubber-stamping LNG infrastructure without fully considering the environmental and economic impacts for Oregon.
On December 8th, the Hey! Northwest Natural campaign staged a press conference on the steps of Northwest Natural Gas headquarters, urging one of Oregon’s largest energy companies to pull its support of the Palomar LNG Pipeline. Northwest Natural has been feeling increasing amounts of heat from activists as it becomes clear the company is bottom-lining a project hurtful to Oregon’s environment, economy, and ratepayers.
As of early this month FERC had already approved one LNG import terminal in Oregon, the Bradwood Landing terminal – this out of a total of three proposed terminals, each of which connects to proposed pipelines. That FERC decision is already being challenged in court by the State of Oregon and others, and is far from a done deal. Despite serious concerns over the flawed Bradwood approval process however, FERC later this month granted approval to a second import terminal - the Jordan Cove project on Coos Bay. The State of Oregon immediately announced plans to sue, citing concerns similar to those expressed over Bradwood. The Bradwood Landing project can no longer be considered an isolated case, and FERC has now clearly established a trend of ignoring Oregon’s concerns and rubber-stamping LNG projects without sufficiently addressing the environmental impacts.
Next, Oregon Senator Ron Wyden sent a letter to FERC asking that the commission investigate citizen complaints stemming from this month’s site visits. It seems Senator Wyden is particularly concerned about the fact that the FERC-orchestrated tour gave LNG industry representatives an opening to abuse the rights of impacted landowners. Wyden is spot-on in this analysis: industry reps from the corporation Oregon LNG accompanied FERC on the site visits, and were found on one property gathering GPS readings after being specifically notified by the landowners that they were only allowed to gather visual information. FERC staff present at the time made no move to criticize this abuse (see my earlier post on the site visits).
Finally, on the other side of the country the Fourth Circuit Court of Appeals clearly established that state governments have the right to reject an LNG terminal, even after it has been approved by FERC. FERC previously approved the AES Sparrows Point LNG terminal in Maryland; the project was then blocked by the state, which denied final permits based on concerns that it didn’t meet Clean Water Act and Endangered Species Act requirements. The LNG company sued over the state’s decision, but lost the case this month when the Fourth Circuit ruled that Maryland has the right to reject an LNG terminal. Considering that Maryland’s concerns about LNG were very similar to Oregon’s, this decision paves the way for Oregon to reject LNG proposals in the face of FERC approval. Though I can’t speak for the folks in Maryland, I assume it’s good news for climate activists there as well. The AES Sparrows Point project is now almost certainly dead.
This month it’s become abundantly clear that unless we see a change of leadership in FERC, the commission charged with approving large energy projects in the US cannot be counted on to protect the interests of local communities. Our victory in this fight may ultimately depend on the State of Oregon following Maryland’s lead in denying LNG permits, and on grassroots activism that continues to put pressure on the companies responsible for LNG projects. FERC may have failed Oregon citizens, but we’ll keep up the pressure until we win.
Thanks for the overview Nick! This is a complex issue and it’s hard to keep track of the developments from outside the Northwest. While the permitting may seem like a coastal issue that folks in the middle of the country don’t need to worry about, it is important to recognize that some of the increased demand for natural gas will come from LNG, which as you mention, is not a low carbon fuel source (For those unfamiliar with the issue, the natural gas is extracted overseas, usually through environmentally damaging practices, and supercooled to its liquid form, which requires massive amounts of energy. It is then shipped to the US and slowly warmed up to it’s gaseous state – slowly so that it doesn’t explode, and this process takes a lot of energy as well).
The makeup of the Presidentially-appointed FERC commissioners is changing, and perhaps will alter FERC’s BAA (Build Anything Anywhere) permitting policy. New FERC Chairman Wellinghoff voted against the two Oregon LNG terminals, citing lack of need and safety concerns. President Obama’s nominee John Norris was just confirmed by the Senate to join the Commission. His position is not yet known; however, since he is an Obama appointee, just as was Wellinghoff, and considering the current Administration’s policy on ocean management and the environment, he may also believe need and environment should be responsibly considered, still resulting in a vote of 2-3 against such thinking.
However, Commissioner Suedeen Kelly’s term has already expired, but she is still sitting until her replacement is confirmed. When she is replaced, it is quite possible the vote will reverse to 3-2 in favor of responsible regional LNG facility siting and environmental responsibility.
Should that FERC makeup occur soon, there is a chance the recent FERC permitting in Oregon could be reversed.
Happy New Year Nick and Thanks for this update. It is certainly good timing for Oregon’s fight against LNG outsiders in this region. As a geologist I can think in terms of long standards of time when it comes to our environment yet, I can also recognize that unless actions are taken in the now the environmental future can be impacted by humans as well. I tend to be of a conservative bent and I know that ,unless Mother Nature has a rage ,environmental change takes time. Now is the time to be considering just how we can work with the natural elements at hand in order to improve and restore much of our environment in the future. There is no way we can go from a nation wide infrastrucature of pipelines and transmission line grids overnight. There is a way though to stop some degrading factors in their tracks. One of those ways is to stop any more LNG facilities from being constructed in this country. Unfortunately anyone who is opposed to LNG Terminals is immediatly considered a radical , extremist environmentalist. I am afraid that a great majority of America’s citizens would fit into that erroneous catagory. Think what it would be like with out those of us who work construction jobs, who work in factories, who are farm stewards, teachers, shop workers. Think of what it would be like if there were not those of us among that deversified group who didn’t fight for our environment. Yet nothing is black or white. We need alternatives for now that take care of us but do now shackel us to international polution from foreign fossil fuels. Lets look to our own domestic products, lets mitigate that infrastructure and lets encourage the manufacture and marketing of renewable products so that by the time your children are following in your footsteps , in just another generation ,this country will be well on the way to clean air, clean water, renewable enterprizes with thousands of job opportunities. Looking toward the future in that way energizes our conduct now to be proudly considered one of those good guys, those redical enbironmental extremists.