Albuquerque Journal

THE GREAT ENERGY DEBATE

Oil and gas permitting and leasing is just a piece of the coming energy and environmen­tal reckoning

- BY KEVIN ROBINSON-AVILA JOURNAL STAFF WRITER

The oil and gas industry is fighting for its future as climate debate and prospects for massive government action to decarboniz­e the economy sweep the nation. President Joe Biden has made battling climate change not just a top priority, but possibly the No. 1 national security issue today, with climate concerns now woven into virtually every government policy and program. That includes a new proposal last week to spend at least $2 trillion on a massive initiative to modernize the nation’s infrastruc­ture. Clean energy developmen­t and carbon reduction is central to the proposal, backed by a new Energy Efficiency and Clean Electricit­y Standard to accelerate the country’s transition to a low- or no-carbon economy.

A new national standard — combined with a broad range of other potential policies such as a tax on carbon emissions and efforts to convert the nation to an all-electric transporta­tion system over the next two-to-three decades — would mean comprehens­ive changes in nearly every industry. And, with oil and gas production and consumptio­n accounting for the majority of today’s carbon emissions, fossil fuel companies are facing a possible onslaught of new rules, regulation­s and mandates that could fundamenta­lly transform the industry, if not outright end many of today’s energy operations.

The current battle over oil and gas leasing and permitting on federal lands and waters is just an opening salvo in the climate debate that’s pushing the industry into a head-on confrontat­ion with the Biden administra­tion, the Democratic-controlled U.S. Congress, and environmen­tal organizati­ons over the future of U.S. energy production.

Biden ordered an indefinite “pause” in January on new leasing to allow the U.S. Department of the Interior to conduct a comprehens­ive review of current policies and programs and make recommenda­tions that could include sweeping reforms to future management of federal lands and waters.

Historic forum

Interior held a first-ever national forum March 25 with representa­tives from industry, labor, environmen­tal, tribal and other groups to gather input for an interim report the department will release this summer. During the forum, Interior officials made it clear they’re considerin­g a sharp departure from past policies to place much greater emphasis on environmen­tal concerns.

“Fossil fuels will continue to play a major role in America for years to come, but too often the extraction of resources has been rushed to meet the false urgency of political timetables, rather than with careful considerat­ion for the impacts on current or future generation­s,” Interior Secretary Deb Haaland told forum participan­ts.

Principal Deputy Assistant Secretary for Land and Minerals Management Laura Daniel-Davis said the Biden administra­tion’s focus on carbon reduction is at the heart of everything.

“For us at the Interior Department, President Biden’s commitment to tackling climate change is the thread that runs through all our efforts,” Daniel-Davis told the forum.

One quarter of all greenhouse gas emissions in the U.S. comes from mineral production on federal lands, Daniel-Davis said.

“It’s a major contributo­r to climate change,” she said. “We need to restore balance and provide a path to align (Interior policies) with the nation’s climate and clean energy goals.”

Industry is concerned the current pause on leasing could be converted into a permanent ban on new activities going forward. If true, it would have a huge impact on New Mexico’s economy, since most oil and gas production here is concentrat­ed on federal lands, contributi­ng more than $1 billion annually to the state’s operating budget and supporting tens of thousands of direct and indirect jobs.

Industry leaders say the leasing

bs. pause is already impacting operations. Widespread uncertaint­y makes producers reluctant to commit to new investment­s until federal policies become clear, said Jason Sandel of Aztec Well Family Services near Farmington in a New Mexico Oil and Gas Associatio­n press call following Interior’s national forum.

“The longer this policy uncertaint­y lasts, the harder it will be on businesses like mine,” Sandel said.

National labor leaders also implored Interior to reject a leasing ban and immediatel­y lift the pause.

“We must ask if an outright ban on federal leases is the best first step without addressing the downstream job impacts,” said North America’s Building Trade Unions President Sean McGarvey during the Interior forum. “The last bastions of middle-class employment are in gas and oil, petrochemi­cals, and power generation.”

Reform, not ban?

So far, Interior seems more inclined to fundamenta­lly reform federal leasing and permitting programs, not ban them, and if the department did recommend a complete halt to new developmen­t, it would likely need congressio­nal approval. But even if the pause is lifted, reforms under considerat­ion could still impose significan­t restrictio­ns on future developmen­t.

For one thing, Biden set a “30-by-30” goal in January to conserve at least 30% of public lands and oceans by 2030, which could mean restrictin­g fossil fuel developmen­t on at least one-third of all available federal acreage to protect natural and cultural resources while pursuing other uses, such as recreation or renewable energy projects.

In addition, oil and gas producers have already accumulate­d a huge amount of federal land under leases that they have yet to even use, said Nada Wolff Culver, Bureau of Land Management deputy director for policy and programs.

Producers now hold about 37,500 leases nationwide, representi­ng 26.6 million acres of public land. But operators are using less than half that amount, with no production occurring on about 14 million acres, Culver said.

Going forward, Interior expects to open up the process of approving leases for land use to more public input, likely generating even greater pressure from environmen­tal and conservati­on groups to restrict fossil fuel developmen­t and approve alternativ­e, environmen­tally friendly activities.

“There’s a number of ways we can better meet the needs of the public,” Daniel-Davis said. “We can ensure greater equity, transparen­cy and public involvemen­t to shore up environmen­tal policies, provide a fair return for taxpayers, and protect sacred places. Those are things we’re looking at in the review process.”

Industry leaders say non-producing leases don’t mean operators have “stockpiled” public acreage. Rather, operators must first thoroughly evaluate the productive potential of those lands, which is a lengthy process, said Frank Macchiarol­a, the American Petroleum Institute’s senior vice resident for policy, economics, and regulatory affairs.

“It often requires several years of due diligence with all the assessment­s and logistics before producers can determine if there are commercial quantities of oil and gas,” Macchiarol­a told Interior

officials. “Producers are taking a chance by acquiring the leases.”

Push for a ban

But environmen­tal organizati­ons say the huge lease backlog undermines industry arguments to continue leasing and permitting on federal lands. A new analysis from the Center for American Progress, for example, says operators could continue drilling at current rates for at least a decade without access to any new leases, since industry has only started production on an average of about 107,000 acres annually over the past five years.

And with enough leases in hand to last until at least 2030, no new ones should be granted, because it would undermine long-term goals for a low- or no-carbon economy, said Josh Axelrod, senior advocate for the Natural Resources Defense Council’s Nature Program.

“We want reforms enacted that would apply to production on leases the industry already holds today, with no new leases, so that we lay the groundwork for a transition away from fossil fuels over the next 10 to 15 years,” Axelrod told the Journal. “We need to take a longer view. If we keep leasing lands, it locks in more production at a level that’s not in line with where we’re trying to go on carbon reduction.”

During the national forum, NRDC and the environmen­tal group Earthworks called for an immediate, permanent ban on federal leasing and permitting.

Other mainstream environmen­tal groups have called for extensive reforms, not a ban. That includes raising royalty rates and other fees on leased lands to provide a better return to taxpayers, higher bonding rates to finance clean up and remediatio­n from oil and gas operations, and strict federal rules to control methane emissions.

But even those organizati­ons not calling for a ban say they would support it if feasible.

“We want aggressive action now to reform a broken system, which the Interior Department is hearing, but they operate under legal constraint­s that limit their ability to do some things like immediatel­y banning leasing and permitting,” said Jesse Prentice-Dunn, policy director for the Center for Western Priorities. “So as long as the reforms are strong enough, we’ll consider any progress as good progress.”

Industry and government officials in high-producing states will fight hard against any leasing ban. Thirteen states led by Louisiana Attorney General Jeff Landry sued the Biden administra­tion on March 24 in the federal court’s Western District of Louisiana for an immediate end to the leasing pause.

New Mexico did not join the lawsuit. But Gov. Michelle Lujan Grisham is pushing the Interior Department to grant states credit for their own environmen­tal policies if they achieve equal or greater success than federal regulation­s in lowering carbon emissions and other pollution. That could lower the economic impact on states like New Mexico that remain highly dependent on oil and gas production.

But even if the industry wins the fight to continue leasing and permitting, bigger and harder battles lie ahead, such as potential new carbon reduction mandates that Congress could approve under Biden’s proposal for an Energy Efficiency and Clean Electricit­y Standard. Indeed, Biden is expected to announce a national goal next month for a 50% reduction in U.S. carbon emissions by 2030 under the country’s re-entrance into the Paris Agreement on climate change. And the administra­tion is expected to pursue mandates for 100% clean electric generation nationwide by 2035.

Those policies and more will have direct impacts on the oil and gas industry, said NRDC Western Director for Climate and Clean Energy Noah Long.

“It’s well documented where the emissions are, and oil and gas are by far the biggest problem,” Long told the Journal. “Americans and New Mexicans understand it’s time to act on climate change. We can’t say ‘let’s move to renewable energy’ on the one hand and still tap into fossil fuels on the other hand. That means a major shift, but it’s critical, and we have to act quickly and decisively.”

 ??  ??
 ?? ROBERTO E. ROSALES/JOURNAL ?? An area cleared of natural vegetation in order to drill an oil well near Jal in March 2018.
ROBERTO E. ROSALES/JOURNAL An area cleared of natural vegetation in order to drill an oil well near Jal in March 2018.
 ??  ?? Pump jacks stand scattered throughout the area of Loco Hills between Artesia and Hobb
Pump jacks stand scattered throughout the area of Loco Hills between Artesia and Hobb
 ??  ?? Laura Daniel-Davis
Laura Daniel-Davis
 ??  ?? Deb Haaland
Deb Haaland
 ??  ?? Joe Biden
Joe Biden
 ??  ?? Frank Macchiarol­a
Frank Macchiarol­a
 ??  ?? Nada Wolff Culver
Nada Wolff Culver
 ??  ?? Sean McGarvey
Sean McGarvey
 ?? ROBERTO E. ROSALES/JOURNAL ??
ROBERTO E. ROSALES/JOURNAL
 ?? EDDIE MOORE/JOURNAL ?? Trucks around a large tank of water used in installing oil wells southeast of Carlsbad in November 2019.
EDDIE MOORE/JOURNAL Trucks around a large tank of water used in installing oil wells southeast of Carlsbad in November 2019.
 ??  ?? Jesse Prentice-Dunn
Jesse Prentice-Dunn
 ??  ?? Josh Axelrod
Josh Axelrod
 ??  ?? Jeff Landry
Jeff Landry
 ??  ?? Noah Long
Noah Long

Newspapers in English

Newspapers from United States