Just for information purposes in light of the present crisis:

OIL & GAS REGULATORY ROLLBACKS

Section 322
Exempts from the Safe Drinking Water Act a coalbed methane drilling technique called “hydraulic fracturing,” a potential polluter of underground drinking water. One of the largest companies employing this technique is Halliburton, for which Vice President Richard Cheney acted as chief executive officer in the 1990s. This exemption would kill lawsuits by Western ranchers who say that drilling for methane gas pollutes groundwater by injecting contaminated fluids underground. Only 16 companies stand to significantly benefit from this exemption from clean water laws: Anadarko, BP, Burlington Resources, ChevronTexaco, ConocoPhillips, Devon Energy, Dominion Resources, EOG Resources, Evergreen Resources, Halliburton, Marathon Oil, Oxbow (Gunnison Energy), Tom Brown, Western Gas Resources, Williams Cos and XTO. These companies gave nearly $15 million to federal candidates—with more than three-quarters of that total going to Republicans. Moreover, the 16 companies spent more than $70 million lobbying Congress.

Section 323
Provides an exemption for oil and gas companies from the Federal Water Pollution Control Act for their construction activities surrounding oil and gas drilling.

Section 311
The section severely limits the ability of local communities and states to have adequate say over the siting of controversial Liquified Natural Gas (LNG) facilities. The section states that the Federal Energy Regulatory Commission (FERC) “shall have the exclusive authority to approve or deny an application for the siting, construction, expansion, or operation of an LNG terminal” under the Natural Gas Act (emphasis added).

The language is clearly aimed at a July 2004 lawsuit filed by the State of California claiming that FERC illegally ruled in March 2004 that states have limited jurisdiction over the permitting and siting of LNG facilities inside their borders. The lawsuit is being closely watched by other states, where officials have expressed alarm about the inability of state and local governments to have adequate input into these projects. LNG projects are particularly controversial because liquefied natural gas is extremely volatile and dangerous. Even if one supports increasing the number of LNG terminals in North America, there is absolutely no justification for limiting the ability of states and local communities to have control over the permitting and siting of these facilities. (See our Liquid Natural Gas section.)

LNG proponents claim that states still can veto LNG projects, as they retain jurisdiction over the facilities under the Coastal Zone Management Act, the Clean Air Act and the Federal Water Pollution Control Act. But these three acts have very limited jurisdiction (for example, LNG facilities don’t really pollute the water or air, so states have no real ability to raise objections under these laws). The broadest possible law is the Natural Gas Act, so it is no surprise that natural gas companies and their allies in Congress pushed to give FERC “exclusive authority” under the one law (Natural Gas Act) with the most sweeping power.

Language added during the conference committee (meaning it wasn’t in either the original House or Senate bills) gives the Department of Defense veto authority over LNG projects proposed near military bases, directing FERC to “enter into a memorandum of understanding with the Secretary of Defense for the purpose of ensuring that [FERC] coordinate and consult with the Secretary of Defense on the siting, construction, expansion, or operation of liquefied natural gas facilities that may affect an active military installation.” FERC is further required to “obtain the concurrence of the Secretary of Defense before authorizing the siting, construction, expansion, or operation of liquefied natural gas facilities affecting the training or activities of an active military installation” (emphasis added).

But a similar proposal in the Senate to provide states with these exact rights now given to the DoD was rejected by a vote of 52 to 45 (a “yea” vote is bad, in that it was a vote to kill, or table, the amendment that would have forced FERC to get the approval of states to permit LNG facilities).

The House also rejected an amendment that would have removed this section entirely, thereby preserving the status quo and allowing the state of California to continue its challenge in federal court (so an “aye” vote is good, as it was to remove the entire LNG section).

Section 357
Authorizes a survey of the oil and natural gas available underwater off the coasts of states. This is the first step in opening these areas to more drilling. There was an amendment to strike this language that failed 52 to 44.

Section 390
Increases the ability to exclude a broad range of oil and gas exploration and drilling activities from public involvement and impact analysis under the National Environmental Policy Act.

Section 381
Limits the ability of states to protect their coastlines from oil and gas exploration by limiting their appeals process under the Coastal Zone Management Act.

Section 369
Mandates that the federal government make available oil shale and tar sands extraction on federal land for oil companies.