Environmental groups are switching gears from opposing single pipeline projects, such as the Dakota Access and Keystone XL, to opposing the agency that is charged with approving them.
A coalition of environmental groups will announce a nationwide campaign Wednesday to stop the Federal Energy Regulatory Commission from gaining new members required for it to approve pipelines and other energy projects.
Democrats and activists alike have become energized because the commission has been knocked out of service by a strange set of events that has eliminated its quorum to conduct rulemakings and pipeline approvals. The five-member commission oversees the nation’s wholesale electricity markets and approves transmission lines, natural gas pipelines and export terminals.
The commission needs three members for it to function. But it has only two commissioners after Norman Bay, an Obama appointee, decided to resign immediately after Trump chose Democratic commissioner Cheryl LaFleur to serve as acting chairwoman. Now the environmentalists want to keep the commission from gaining back its strength by vowing to block new nominees from being appointed.
A number of commentators, industry groups and other officials in recent weeks have been noting that the independent agency will be key to meeting the goals of President Trump’s infrastructure and energy plans.
The pipeline and export component of FERC’s duties has made the commission an increasing target for activist groups trying to stop fracking in states such as Pennsylvania, which depend on the pipelines to get their product to the market. Environmentalists have sued the agency and staged elaborate protests at FERC’s headquarters in Washington over the last three years to block its activities. It is not clear what the new campaign will bring.
The coalition of green groups is being led by Oscar-nominated documentarian Josh Fox, an activist and director known for his documentary “Gasland,” which took aim at the environmental effects of fracking on home owners and their communities.
He and a number of anti-pipeline activists will use Wednesday’s announcement to “spotlight the growing national opposition” to new FERC appointments by the Trump administration, according to a media advisory. “Currently, only two out of five commissioner positions are filled at FERC, which means the administration would greatly impact FERC’s direction with new appointments.
“Activists will outline the push against any new FERC commissioners and highlight the concerns with FERC’s regulatory oversight,” the advisory added.
Fox will be joined by the heads of several environmental groups, including the Delaware Riverkeeper Network, Beyond Extreme Energy, Green America and individual anti-fracking activists from Pennsylvania.
Sen. Lisa Murkowski, R-Alaska, the chairwoman of the Senate Energy and Natural Resources Committee, said she will make approval of new FERC nominees a priority. But Trump has not made any announcements on who should fill the open posts.
“Republican control of both the White House and Congress – not to mention changes made last year to the Senate rules for considering nominees – means nominees face a much easier path to confirmation,” wrote Robert Dillon, vice president of the free-market American Council for Capital Formation, in a commentary published Monday. Dillon served as Murkowski’s head of communications on the energy committee.
“The White House has plenty of qualified names to choose from,” he wrote. “With three open seats – and a potential fourth when [Commissioner Colette] Honorable’s term expires in June – the president should make sure those nominated bring a variety of professional and geographic experience to the commission.”
The commission is made up of equal numbers of Republicans and Democrats, with the chairman sharing the same political party as the president.
