By Elena Itameri, Law and Policy Clerk
While the current national conversation is rightly focused on two constantly evolving conflicts involving racial inequities and the global pandemic, safeguards to protect the environment are being bulldozed—including those safeguards in place to regulate natural gas. Naomi Klein has named the strategy being implemented by the fossil fuel industry the “shock doctrine.” According to Klein, times of crisis often spur efforts to push through deregulation while the nation’s focus is elsewhere. The fossil fuel industry is now taking advantage of the public focus on the pandemic and the Black Lives Matter movement to push through policy changes that will expand natural gas development. The industry’s efforts have been quite successful so far, and there are currently actions being taken at the federal, state, and local levels. While we do not know how long the pandemic will last, we do know how quickly we must act to prevent irreversible loss as a result of climate change. The timeline is short. Eliminating natural gas is an essential piece of decarbonization, and we must stay the course even in this tumultuous time.
In Oregon, the Federal Energy Regulatory Commission (FERC) reaffirmed its approval of the Jordan Cove liquefied natural gas terminal and its accompanying pipeline, despite protests from the state. Meanwhile, in a purported effort to increase efficiency, the U.S. Department of Energy (DOE) proposed a rule change in May that would remove NEPA-mandated environmental reviews for natural gas imports and exports. This would eliminate any consideration of environmental impacts resulting from natural gas infrastructure. In Kentucky, a new law has defined natural gas as “key infrastructure,” which now makes it a felony offense to cause more than $1,000 worth of damage to a gas pipeline “in a manner that renders the operations harmful or dangerous.” In a similar vein, Massachusetts designated natural gas construction projects as “essential” under the state’s stay-at-home orders, allowing construction to continue while many other industries came to a halt. And, earlier in June, Louisiana became the latest state to preempt local natural gas bans, following in the footsteps of Arizona, Oklahoma, and Tennessee, by preventing communities from making their own decisions about fossil fuel reliance.
The need to prevent construction of new natural gas lines lies in the longevity of this infrastructure. Natural gas infrastructure is expensive to construct, and in order to maximize profits, companies build natural gas lines and terminals with the intent to operate the infrastructure for many decades. This means that natural gas lines constructed today could reasonably be expected to still be in use in 2070—well past the 2050 deadline that many communities use to set their decarbonization goals. Natural gas lines also produce fugitive methane emissions throughout their installation and distribution processes, which has severe implications for climate change. Over the near-term, methane has a far higher warming potential than other greenhouse gases—between 84 and 87 times that of carbon dioxide over the course of twenty years. On average, methane molecules stay in the atmosphere for approximately twelve years, as compared to carbon dioxide, which stays in the atmosphere for anywhere between 300 and 1,000 years. Reducing methane emissions therefore can produce more immediate reductions in warming, which is beneficial both to combatting the effects of climate change overall as well as increasing momentum in the climate movement. People will be more likely to continue efforts to reduce emissions if they are seeing the fruits of their labor. The long timelines associated with climate change is one of the factors that makes it such a difficult problem for society to tackle— there will always be issues that are more pressing to address because the worst impacts from climate change are expected to occur years in the future.
On a local scale, transitioning away from natural gas can benefit communities in several ways. All-electric buildings can be constructed more quickly than gas-heated buildings because they do not require the installation of gas lines and meters, which necessitates utility professionals to inspect the construction site. Removing natural gas from homes also boasts health and safety benefits. For example, burners on gas stoves are estimated to add between 25% and 39% more nitrogen dioxide to indoor air and therefore can aggravate respiratory conditions such asthma. Beyond the home, reductions in the development and/or operation of natural gas lines reduces the risk of fatalities associated with gas leaks and explosions. Since 2000,280 people have died in association to natural gas distribution.
Despite industry claims, natural gas is not a necessary “bridge fuel” as we decarbonize our energy sector. Similar to those related to coal, the decisions we make today regarding natural gas will impact our health and climate for decades to come. The United States cannot slow down or compromise on climate action; we simply do not have the time. The fossil fuel industry has seen the nation’s focus fall elsewhere, and they have been quick to take advantage of this opportunity to push through deregulatory actions that threaten the future health and wellbeing of communities across the country. Climate change is continuing to manifest across the globe, and decarbonization efforts must continue as the world grapples with disease, migration, and war in the coming years. At its foundation, climate change is the result of the exploitation of resources, labor, and wealth inequality. If we truly remedy the problem, we will see equity on all these fronts—a transformed world at every level. Let us not allow the COVID-19 pandemic to be a time of shock and stagnation. Rather, let us use the momentum that we have seen ripple through the United States to broaden our perception of what is possible.
The posts published on Charged Debate reflect the writers’ opinions in their individual capacities, and do not necessarily reflect the perspective of the Green Energy Institute at Lewis & Clark Law School, Lewis & Clark Law School, Lewis & Clark College, or the writers’ past, present or future employers or other associations. Any legal information presented on Charged Debate is meant purely for general educational purposes and is not intended to provide legal advice and should not be relied upon in any legal matter.
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