President Donald Trump is signing two new executive orders on Wednesday, and one, in particular, will set up a situation where he, and only he, will have the sole power to approve or deny pipelines and other infrastructure that cross international boundaries. This responsibility has been the responsibility of the Secretary of State, and then, only after other criteria had been met.
The executive orders will be signed during Trump’s trip to Texas today. They are just the latest in Trump’s efforts to roll back regulations, putting everything under his sole control while at the same time promoting more fossil fuel development. This time, Trump is taking his battle to the Republican and Democratic governors of states who are opposed to fossil fuel development in their states.
The president’s move is in direct response to the oil and gas industry’s complaints over pipeline delays that have slowed the expansion of production. Trump’s focus is on shale gas from Pennsylvania’s giant Marcellus formation being unable to reach markets in New England.
And of course, there is a focus on the Keystone XL pipeline coming from Canada. Right now, TransCanada has been unable to persuade the Nebraska Public Service Commission or federal courts to allow them to continue work on the pipeline.
“These two executive orders will promote the development of new energy infrastructure, create jobs and provide more affordable reliable energy,” said a senior administration official, who briefed reporters on the condition of anonymity to discuss the orders before they are signed, according to the Washington Post.
The Clean Water Act and separation of powers
Under Section 401 of the Clean Water Act, companies must obtain certifications from a state before they can build federally-approved infrastructure, like pipelines, within that state’s borders. This is an important right that is given to states by Congress.
Republican lawmakers have accused Democratic governors of abusing the power authorized under Section 401 of the Clean Water Act to block Ferc-approved infrastructure tied to fossil fuels. Under Trump’s executive order, he is authorizing the Environmental Protection Agency to review its existing guidance regarding Section 401.
“The EPA will focus on making sure states exercise their authority consistent with the intent of the statute and with existing case law,” said a senior administration official.
This is not the first time Trump and governors from the various states have butted heads. Trump has already been urged not to override the authority of the individual states, and this was reasserted in a letter from the Western Governors Association, saying it “would inflict serious harm to the division of state and federal authorities established by Congress.” The group said that the states had “exercised their authority . . . efficiently, effectively and equitably.”
“This is a disastrous idea, one that exposes the hypocrisy of the Trump administration and threatens to undercut the ability of state leaders to determine how best to protect their rivers, lakes, streams, and wetlands,” the Natural Resources Defense Council (NRDC) said in a statement Tuesday.
Transport of natural gas overland
Trump is also singling out West Coast states. Trump’s order will require the secretary of transportation to submit reports to the president on the economic effect of not being able to transport natural gas and other domestic energy to New England and to the West Coast.
Trump also wants a review of the regulations surrounding the transportation of liquefied natural gas to export terminals and a review of the rules that are preventing LNG from being transported by rail car. Trump is also demanding a review by the Energy and Transportation Departments on limitations to transporting natural gas to the Northeast and West Coast.
The bottom line is really quite simple – Limitations and regulations pertaining to the transport overland of natural gas products are on the record for a reason, uppermost being safety. The president is also overriding the constitutionality of the division of states’ rights and the federal government. That battle was fought long ago in our history and should not be fought again.
