Oil & Energy
The Oil Industry Ready To Fight Biden In Court
Reeling from the effects of the pandemic, the oil industry is in no mood to fool around. When newly inaugurated President Joe Biden canceled the Keystone XL pipeline project, refiners on the Gulf Coast shuddered. How would they get the Canadian oil they needed? But when President Biden paused all oil and gas permitting on federal lands and waters and canceled lease sales, struggling oil and gas companies took the gloves off and prepared for a fight.
At stake is the industry’s very survival.
One recently announced fight involves Continental Resources, an Oklahoma-based exploration and production company that relies on permits to allow it to conduct its normal business. But in January, on the day President Biden was inaugurated, the Department of the Interior clamped down–on President Biden’s direction–on approving permits for oil and gas exploration on federal lands and in federal waters. It did this not by banning permits outright but by limiting which Interior employees could approve permits. The number of employees to approve permits has dwindled significantly to a total of nine, limited to “leadership” only. It is an effective suspension of the permitting process, although not an outright suspension.
The suspension order, signed January 20, was to last for a period of sixty days until March 21.
But according to Continental, the Department of the Interior’s actions are unconstitutional, and on February 23, it filed a lawsuit in a U.S. District Court in North Dakota. The challenge, according to the 44-page lawsuit, is that by delaying 50 of Continental’s permits, it has violated a provision in The Mineral Leasing Act, which spells out strict deadlines that the Department of the Interior must follow during the permitting review process.
In other words, the Act tells the DoI how much time they have to rule on permit applications, and this suspension has essentially stalled the permitting process.
But Continental isn’t the only one on this warpath.
The Western Energy Alliance, just seven days after President Biden took office, filed a lawsuit challenging his order that banned oil and nat gas leasing on federal public lands. The WEA alleges that President Biden exceeded presidential authority and his order violates the National Environmental Policy Act, the Federal Lands Policy and Management Act, and much like Continental’s lawsuit, it violates the Mineral Leasing Act, which requires the Interior Secretary to hold quarterly lease sales.
The WEA filed their suit in the U.S. District Court for the District of Wyoming–a state that ranks first in federal natural gas production and third in oil. Wyoming also has more federal acres leased than any other state.
Biden’s Keystone XL cancellation has also drawn the wrath of the oil and gas industry, with more than a dozen U.S. states considering a lawsuit against the federal government. The 830,000 barrel per day pipeline project has been stuck in regulatory muck for well over a decade prior to its cancellation.
States were quick to urge Biden to reconsider. But their pleas appeared to have fallen on deaf ears, citing energy security, lost jobs, and lost revenues.
In a letter from 14 Attorneys General, including Montana’s Attorney General Austin Knudsen, the states threatened some type of vague legal action.
“Please be aware that states are reviewing available legal options to protect our residents and sovereign interests. In the meantime, we urge you to reconsider your decision to impose crippling economic injuries on states, communities, families, and workers across the country.”
In a departure from the rash of lawsuits, but no less striking, 24 Republican senators have banded together to support a bill in the U.S. Senate designed to stop the executive order that paused new oil and gas leasing on federal lands. The bill is known as Protecting our Wealth of Energy Resource Act (aka the POWER Act) of 2021 and would prohibit a President or Secretaries of the Interior, Agriculture and Energy departments from blocking energy or mineral leasing and permitting on federal lands and waters without Congressional approval.
Despite the legal challenges, the new administration’s policies show no signs of shifting. Interior Secretary nominee Deb Haaland’s testimony this week would not commit to ending Biden’s suspension of oil and gas leasing. “If confirmed, it is President Biden’s agenda, not my own, that I would be moving forward,” Haaland said, implying that Biden’s green energy vision would be executed. The nominee went on to say, however, that the ban would not be “a permanent thing”.
Report by Geiger for Oilprice.com
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Delta Targets 120MW Power Boost, Moves To Cut Reliance On National Grid
The State Commissioner for Works (Rural Roads) and Public Information, Charles Aniagwu, disclosed this at a press conference in Asaba, weekend, noting that the initiative was part of wider reforms aimed at opening up the power sector to private investors.
Aniagwu, who was accompanied by the Executive Assistant to the Governor on New Media, Felix Ofou, said the state was exploring alternative sources of electricity to support businesses, households and communities while reducing pressure on the national grid.
He said the government was particularly interested in exploiting Delta’s abundant natural gas resources for power generation, pointing to the Kwale Free Trade Zone, which is part of the state’s special economic zone, as a major opportunity for investors.
According to him, prospective investors were taken to the zone during the state’s recent economic summit to enable them to assess the availability of gas as a key raw material for electricity generation. ComparePower Rates
The commissioner explained that generating more electricity locally would not only increase supply in Delta but also free up power on the national grid for use by other consumers.
Aniagwu cited the 8.5MW Independent Power Plant located behind the state secretariat in Asaba as an example of what could be achieved through alternative power sources.
He said the facility had enabled the secretariat complex to operate independently of the national grid, thereby making the electricity that would otherwise have been consumed there available to other users.
He added that the planned 120MW partnership with Supply Power would further strengthen the state’s electricity supply capacity and provide a more reliable power base for small and medium-sized enterprises.
Aniagwu said the state government was also intervening in areas traditionally regarded as the responsibility of electricity distribution companies because inadequate power supply could no longer be allowed to constrain economic development. LearnQuantum Physics
He identified the extension of the electricity grid from Abraka towards the Ndokwa axis as one of the interventions being undertaken to connect more communities to electricity.
The commissioner, however, raised concerns over the burden placed on communities that are often required to provide transformers and other electricity infrastructure, only for distribution companies to take over the facilities and subsequently collect electricity bills without adequately accounting for the investments made by the communities.
He said the state would continue to support efforts aimed at energising communities, noting that improved electricity supply would stimulate businesses, create jobs and help tackle social problems associated with unemployment and idleness.
On regulation, Aniagwu said the government was working with the Ministry of Energy and a committee set up to develop an appropriate regulatory framework for the state’s emerging power sector. SwitchEnergy Plans
He said the proposed energy commission would be responsible for regulating new electricity producers, determining appropriate tariffs and overseeing distribution networks.
The commissioner stressed that liberalising the sector required effective regulation to protect consumers and investors, adding that decisions on power distribution infrastructure, including the use of overhead or underground lines, must take into account the peculiarities and safety requirements of each location.
He warned that power expansion without adequate regulation could expose residents to electrocution and other hazards, stressing the need to protect electricity infrastructure while ensuring consumers were not subjected to unfair pricing.
Aniagwu said the state government’s broader objective was to build an efficient and sustainable electricity market driven by private investment and capable of powering businesses, households and communities across Delta State.
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