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'Environmental Justice Nightmare': FERC Approves Major LNG Export Terminal Despite Biden Pause
"Even with FERC's reckless decision to approve CP2, the project cannot move forward without all federal permits, including those currently paused by the Department of Energy," one climate advocate said.
Jun 27, 2024
In what the Sunrise Movementcalled a "disastrous decision," the Federal Energy Regulatory Commission voted 2-1 on Thursday to approve a certification for Venture Global's controversial Calcasieu Pass 2 liquefied natural gas terminal. The approval comes despite the fact that the company's first Calcasieu Pass terminal violated its air pollution permits more than 2,000 times during its first year in operation.
While expected, FERC's decision was widely condemned by climate justice advocates and frontline community groups. At the same time, CP2's opponents emphasized that the plant is unlikely to be built while the Department of Energy has paused the approval of LNG exports while it considers their impacts on the climate, consumers, and local communities.
"A rubber stamp from FERC is business-as-usual for fossil fuel projects," Lukas Ross, climate and energy justice deputy director at Friends of the Earth, said in a statement. "Thankfully CP2 has a long way to go and we intend to fight it every step of the way. No amount of lobbying will make this project anything other than a climate and environmental justice nightmare."
"We refuse to sink. We are going to fight them here. We are going to fight them at home. This is far from over."
Environmental groups say that CP2 is a "carbon bomb" that would emit 20 times more climate pollution over its lifetime than the Willow oil drilling project in Alaska.
"CP2 is a climate catastrophe," the Sunrise Movement wrote on social media. "It would produce more emissions than 46 coal-fired power plants and spew air pollution into marginalized communities."
It is also a key test case for a massive LNG buildout that threatens to raise domestic energy prices and shatter national climate goals.
As 350.org and Third Act co-founder Bill McKibbenpointed out in a Thursday column following the approval:
There's a huge pool of frackable gas sitting in the Permian Basin of Texas. The only way to monetize most of it is to ship it to Asia, persuading the fast-growing economies there to use it instead of wind and sun to make electricity. This scramble has been underway for about eight years, and LNG exports are already a giant industry; if Big Gas gets its way, within a few years American LNG exports from the Gulf of Mexico will be doing more climate damage than everything that happens in Europe.
Indeed, while the Virginia-based Venture Global has advertised its project as a boost to European energy security, around 65% of CP2's long-term Supply and Purchase Agreements are with Asia-Pacific oil companies, commodity speculators, or users.
The company also has a history of running roughshod over domestic environmental regulations and dismissing the needs and concerns of impacted communities. Its Calcasieu Pass plant, which is "technologically identical" in design to the proposed CP2, began operating in January 2022. Since then, residents of Cameron Parish, Louisiana, have reported frequent flaring, noise pollution, an uptick in cancer and other ailments, and fishing grounds polluted with dredging material.
"Make no mistake: CP2 is a carbon bomb threatening frontline communities with increased pollution and exacerbating the climate crisis," Allie Rosenbluth, United States program manager at Oil Change International, said in a statement. "Expanding LNG infrastructure jeopardizes the health and safety of nearby communities, undermines efforts to reduce fossil fuel dependency, and drives the climate crisis, economic instability, and conflict."
The one dissenting vote on FERC, outgoing Democratic Commissioner Allison Clements, justified her decision in part due to the project's potential to harm its neighbors.
"The commission has not adequately addressed the project's environmental and socioeconomic impacts, including adverse impacts on environmental justice communities," Clements said.
Following the vote, frontline leaders vowed to keep fighting the plant's construction.
"We refuse to sink. We are going to fight them here. We are going to fight them at home. This is far from over," said Travis Dardar, an Indigenous Cameron Parish fisherman who founded Fishermen Involved in Sustaining our Heritage (F.I.S.H.) to protest the LNG boom's impact on Gulf fishing.
However, activists also expressed an understanding that FERC was not the most favorable terrain in the fight.
Speaking outside FERC headquarters, Vessel Project of Louisiana founder Roishetta Ozane said it was time to "write off" the agency, according to E&E News.
"We're going to say that FERC is a rogue agency that does not care about communities," she said. "But who can do something while we are here is this administration. We need to continue to put pressure on the Department of Energy."
The DOE announced a pause on LNG export approvals in January while it revises the agency's criteria for what constitutes an export decision in the public interest. Since then, environmental advocates have called for the pause to be made permanent.
FERC's CP2 approval, they say, has clarified the stakes.
"Even with FERC's reckless decision to approve CP2, the project cannot move forward without all federal permits, including those currently paused by the Department of Energy," Rosenbluth said. "This illustrates just how critical the Department of Energy's pause and process to redefine 'public interest' are. President [Joe] Biden and the Department of Energy must listen to frontline communities and do all they can to permanently stop CP2 and all new LNG export terminals."
"If Trump and the GOP triumph, get ready for government of Big Oil by Big Oil for Big Oil until the Earth shall perish, which shouldn't take long."
Jamie Henn of Fossil Free Media agreed.
"FERC has always been a rubber stamp for new gas export facilities—that's why we zeroed in on getting the Department of Energy to pause new export licenses and do a proper assessment," Henn wrote on social media. "With today's shameful decision, pressure is on POTUS and DOE to do the right thing."
Kelsey Crane, senior policy advocate at Earthworks, said: "FERC has once again threatened the Biden administration's own climate and environmental justice policies by advancing what could be the third largest fracked gas export project in Southwest Louisiana. If CP2 is constructed, Louisianans will be forced to breathe dirtier air, pay higher energy bills, and lose important livelihoods in the fishing industry. The United States will emit more greenhouse gas pollution and continue delaying the impending, just transition to clean energy."
"President Biden cannot allow this decision to stand and has to stop letting his agencies approve new fossil fuel projects in the Gulf South," Crane concluded.
McKibben wrote, "The only thing standing between CP2 and construction (and the only thing that can prevent the construction of a dozen more of these death stars in the nest few years) is the Department of Energy, aka the president of the United States."
While McKibben said that Venture Global could build CP2 without the export approval, he argued it was unlikely to do so until either the Biden DOE lifts the pause or former U.S. President Donald Trump, who has promised to do so, is elected president.
Because of Trump's pro-fossil fuel stance, McKibben argued that FERC's CP2 decision also underscores the stakes of the 2024 election.
"If Trump and the GOP triumph, get ready for government of Big Oil by Big Oil for Big Oil until the Earth shall perish, which shouldn't take long," he wrote.
While Biden is not guaranteed to extend the LNG export pause if reelected, "at least there will be a fight, and it will be one of the climactic battles of the fossil fuel era," McKibben said.
Speaking outside the FERC hearing, Ozane said the numbers on the climate justice side were growing.
"It was just two to three of us… and now it's hundreds," she told the crowd. "We are building power. We are building people power. We make the difference."
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Why US Federal Regulators Must Embrace a Fossil Fuel-Free Future
FERC has played a significant role in worsening the climate crisis, perpetuating environmental injustice, and expanding the fossil fuel buildout by approving countless LNG projects, but there is still hope.
Mar 20, 2024
It is high time for a change at FERC, not just with the appointments of new commissioners but also with the integration of new policy that puts the health and safety of our communities over the unlimited profits of the fossil fuel industry.
It has been nearly one year since I and other community members from the Texas and Louisiana Gulf Coast were invited to join the Federal Energy Regulatory Commission (FERC) in discussing how they could better incorporate environmental justice into their decision-making. As someone who lives in Sulfur, Louisiana—a community overburdened by petrochemical and oil and gas pollution—I have seen firsthand the devastating effects of everything from liquefied natural gas (LNG) to plastics facilities. That’s why I looked forward to working with FERC on improving their processes to better suit the needs of the local communities, not just the oil and gas industry.
However, a year later, FERC has still failed to take meaningful action on this front and listen to our voices. Instead of heeding our calls and taking our input, FERC has continued with a status quo that threatens our health and safety. Their rubber stamp on more and more LNG projects in our communities has not stopped for a moment in spite of their stated commitments. As a result, our communities face a more dire future than ever.
FERC still has a chance to improve its ways by expanding cleaner energy sources for a sustainable future instead of dangerous fossil fuels.
FERC has played a significant role in worsening the climate crisis, perpetuating environmental injustice, and expanding the fossil fuel buildout by approving countless LNG projects. The facts are clear and devastating. The process of extracting and transporting LNG releases harmful emissions, with some scientists suggesting that these facilities could be even worse for the climate than coal. The air pollutants released from these terminals have been linked to various health issues in the communities surrounding them, including respiratory problems, cancer, and increased rates of asthma. Not only this, but the expansion of LNG also drives up energy costs and threatens the ecosystems that support our local fishing and tourism economies. And because the LNG industry disproportionately targets low-income communities and communities of color for their facilities, FERC’s unrelenting love for LNG perpetuates the environmental injustices the agency claims to prioritize.
It appears that every other government agency that has any authority in approving, overseeing, or regulating oil and gas projects is putting forth an effort to take a deeper look at what these projects are doing to communities and the climate. This has not been the case for FERC. But, there is still hope. FERC still has a chance to improve its ways by expanding cleaner energy sources for a sustainable future instead of dangerous fossil fuels.
Here’s how. To improve the health and safety of those living in frontline communities, particularly Black and Brown communities overburdened by pollution, FERC must foster a strong relationship with the communities it serves. This must include regular meetings with community members and on-site visits to witness firsthand the impacts of these projects. FERC must also consider the current pollution from existing facilities, cumulative impacts, greenhouse gas emissions, and environmental justice concerns when reviewing natural gas projects. FERC should also evaluate and incorporate guidance from other authoritative sources in identifying environmental justice communities affected by proposed projects.
Furthermore, FERC should require developers to consult and collaborate with the impacted communities and FERC itself. This collaboration is crucial in tailoring mitigation options that address the specific needs of environmental justice communities. FERC should involve frontline community members in the permitting process to ensure our voices are heard and considered. Lastly, FERC needs to ask critical questions about the necessity of new projects. This includes assessing the cumulative impacts on the environment and health. By thoroughly evaluating these factors, FERC can make more informed decisions that prioritize the well-being of communities.
As we transition to a future without fossil fuels, it’s clear that major change is needed at FERC. While the new commissioners at FERC go through the confirmation process, they must show they are dedicated to more than just the basic criteria of the job. We hope to see the commissioners eager to pave a new path forward by prioritizing justice: environmental justice and climate justice.
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'Alarming': FERC Ignores Climate Impacts and Rubber-Stamps Texas Pipeline
"The world does not need more LNG, and FERC is out of step with the reality of the climate crisis and communities impacted by these projects," one advocate said.
Feb 15, 2024
The Federal Energy Regulatory Commission approved a controversial pipeline on Thursday despite opposition from local and Indigenous communities and without considering its climate impacts.
The commission limited its review of the Saguaro Connector Pipeline to a 1,000-foot stretch of the project on the Texas and Mexican border. If built, the pipeline could transport as many as 2.8 billion cubic feet of fracked gas per day to an export facility in Mexico, where it would be shipped to Asia and Latin America. The decision comes weeks after the Biden administration paused Department of Energy (DOE) approvals of new liquefied natural gas (LNG) exports while it updates its assessment criteria.
"It's alarming that FERC would approve the Saguaro Connector Pipeline based on a narrow environmental assessment that ignores the vast majority of the project and its impacts," Doug Hayes, senior attorney for Sierra Club's Environmental Law Program, said in a statement. "Rubber-stamping this project means vulnerable communities along the route will be at risk so oil and gas companies can pad their pockets by sending U.S. gas to Asia via Mexico."
"The world does not need more LNG, and FERC is out of step with the reality of the climate crisis and communities impacted by these projects," Hayes continued.
"FERC is responsible for sending gas out of the country and that is exactly what this pipeline is doing. Why do they not have purview over the whole pipeline?"
Friends of the Earth Action argued that the approval was inconsistent with the administration's LNG approval pause.
"The decision to approve the Saguaro connector represents a colossal failure to consider the public interest," the group posted on social media. "If LNG approvals are on pause, FERC shouldn't be rubber-stamping this pipeline!"
The pipeline will be 155 miles long and four feet in diameter and is intended to carry gas from the Permian Basin in Texas to the border. Once there, another pipeline still in the works will carry the gas 500 more miles to a proposed LNG export facility on Mexico's Pacific coast. The amount of gas that would pass through the Texas portion of the pipeline every day is twice the amount used by the state of Vermont in a 24-hour period, according toInside Climate News.
West Texas communities along the pipeline's route are worried about what could happen if the pipeline were to explode, since many have limited medical facilities. For example, the pipeline passes within one mile of Van Horn, a low-income, majority Hispanic community.
"Having a pipeline so close to town, carrying extremely flammable gas at high pressure, places an unnecessary risk on a good portion of Van Horn's citizens," resident Tomas Mansfield said in a statement. "While our emergency services work very hard at keeping us safe, a major disaster would overwhelm what services we do have, and additional help is at least 80 miles away. Trauma centers are over 100 miles away—our hospital is only a Level IV trauma center, and major traumas are usually flown to El Paso."
Typically, FERC will sign off on an entire pipeline route if it crosses state lines. Because this pipeline only passes through the state of Texas, the commission says it is only responsible for the portion of the pipeline near the border. However, the Texas Railroad Commission, which approves pipelines in the state, does not have any authority over a pipeline's route. It also signed off on the pipeline before the residents of Van Horn were even aware of it, according to Inside Climate News.
Frontline communities and environmental groups argue that FERC should consider the entire pipeline route because it will carry gas destined for overseas export.
"The people of West Texas are looking to FERC since the Texas Railroad Commission has disclaimed any responsibility for the siting and routing of this pipeline,"Deborah Pendleton, who owns land near the pipeline's route, said in a statement. "FERC is responsible for sending gas out of the country and that is exactly what this pipeline is doing. Why do they not have purview over the whole pipeline?"
"It's common knowledge FERC works for big oil and gas, not the people. This was a predetermined decision."
Indigenous communities, meanwhile, are worried that the pipeline will damage local ecosystems and sacred spaces, such as geothermal hot springs located close to the border.
"Our concern is that the pipeline is going to go through the hot springs," Christa Mancias-Zapata, the executive director of the Carrizo/Comecrudo Tribe of Texas, toldDeSmog. "Anywhere you go in that area is a sacred site to our people."
The fight against the pipeline connects to the broader Gulf Coast struggle against oil and gas infrastructure that has sacrificed the health of communities and ecosystems in the region.
"In South Texas, we're fighting to save the last pristine part of the Gulf Coast from extractive industry," Mancias-Zapata said at an anti-LNG protest in New Orleans. "We're trying to stop it from taking our sacred lands, our sacred sites, and destroying the natural infrastructure that Mother Earth created for us."
There is also a growing movement to stop the LNG buildout for the sake of the global climate. The Biden administration's approach to the pipeline illustrates contradictions within its climate policy, as it at once approves controversial developments like the Willow oil drilling project in Alaska and pauses LNG export approvals to further consider their emissions, among other factors.
In early November 2023, the State Department asked FERC to perform an analysis of the project's entire lifecycle greenhouse gas emissions, rather than just those of the border stretch, in line with administration policy. Around a week later, FERC refused, as did Oneok, the company behind the pipeline. Despite these refusals, the State Department then issued a "favorable recommendation" for the pipeline's approval.
Advocacy group Public Citizen, which is a legal intervenor in the pipeline's FERC hearing, requested that the department account for its recommendation, and has now promised to ask for a rehearing of FERC's decision.
"The commission's decision ignores the harm record methane gas exports have on raising Americans' energy bills and exacerbating climate change, all to prioritize feeding more gas to China," Tyson Slocum, director of Public Citizen's Energy Program, said in a statement. "The Saguaro export pipeline's only purpose is to bypass the log-jammed Panama Canal to send U.S. produced gas to planned LNG export terminals on Mexico's Pacific Coast."
Residents also say they will continue to battle the pipeline.
"This approval was expected by all of us watching," frontine rancher Bill Addington who works with the West Texas Legal Defense Fund said in a statement. "It's common knowledge FERC works for big oil and gas, not the people. This was a predetermined decision. We will defeat the Saguaro LNG export project."
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