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Daily news & progressive opinion—funded by the people, not the corporations—delivered straight to your inbox.
In a move likely fraught with major implications for worker rights during the impending second administration of Republican President-elect Donald Trump, Democratic-turned-Independent U.S. Sens. Joe Manchin and Kyrsten Sinema on Wednesday blocked Democrat Lauren McFerran's bid for a second term on the National Labor Relations Board.
With every Republican senator except Sen. Roger Marshall of Kansas voting against President Joe Biden's nomination of McFerran for a new five-year term, the fate of the woman who has led the agency since 2021 was up to Manchin and Sinema—who, as More Perfect Union founder and executive director Faiz Shakir put it on social media, "consistently spoiled the story of 'what could have been'" by years of fighting to thwart their own former party's agenda.
Sinema struck first, her "no" vote on McFerran grinding the confirmation tally to a 49-49 tie. Manchin, who showed up later, cast the decisive vote, negating speculation that Vice President Kamala Harris, the Senate president who lost the presidential contest to Trump last month, would break the stalemate.
"It is deeply disappointing, a direct attack on working people, and incredibly troubling that this highly qualified nominee—with a proven track record of protecting worker rights—did not have the votes," lamented Senate Majority Leader Chuck Schumer (D-N.Y.).
Chris Jackson, a former Democratic Lawrence County, Tennessee commissioner and longtime labor advocate, called Manchin and Sinema's votes "a crushing blow to the labor agenda."
"By casting decisive NO votes against President Biden's NLRB nominee, they've guaranteed Democrats will lose control of the national labor board until at least 2026," Jackson said. "Their votes effectively hand Donald Trump the keys to the board the moment he takes office again. This is a betrayal of working families—and a gift to corporate interests, which is par for the course for these two."
Sara Nelson, president of the Association of Flight Attendants-CWA union, said on social media that while "Manchin and Sinema are responsible for killing voting rights, worker rights, women's rights, LGBTQ rights, childcare, vision, and dental for seniors, and an economy built for the people," the two obstructionist senators "are not the story."
"Don't bury the lede," implored Nelson. "The entire GOP has relentlessly fought against anything good for the vast majority of the people of this country. The GOP shows once again their total disdain for their constituents."
"But they better watch what they do in implementing their plans to make it worse," she warned. "These laws are set up to mostly protect corporations and getting rid of the last pathetic bits of worker rights under the law will simply lead to more disruption and CHAOS."
Trump's first term saw relentless attacks on workers' rights. Critics fear a second Trump administration—whose officials and agenda are steeped in the anti-worker Project 2025—will roll back gains achieved under Biden and work to weaken the right to organize, water down workplace health and safety rules, and strip overtime pay, to name but a handful of GOP wish-list items.
The latest votes by Manchin and Sinema—who are both leaving Congress after this term—sparked widespread outrage among workers' rights defenders on social media, with one account on X, formerly known as Twitter, posting: "Manchin is geriatric and Sinema has a long fruitful career ahead of her in a consulting firm that advocates child slave labor, but at least they kicked the working class in the teeth one last time. Nothing to do now but hope there's a hell."
Though the EPRA alleges to improve energy projects’ approval processes, it does so through fossil fuel racism, with giveaways to big oil and gas while hurting vulnerable communities and the environment.
To achieve a “clean energy revolution,” we cannot replicate the injustices of our current and past energy systems. As the next administration promises massive increases for fossil fuel projects and near total removals of environmental protections and agency functions, we must hold the line and set a standard for the future we need and deserve.
The Energy Permitting Reform Act of 2024 (EPRA) (S. 4753) introduced by Sen. Joe Manchin (I-W.Va.) and Sen. John Barrasso (R-Wyo.), is being sold as a “necessary” and bipartisan path. But why does it feel so dirty, and so familiar?
We’ve seen this before. There have been multiple attempts to advance legislation that weakens environmental protections and sacrifices vulnerable communities to fast-track energy projects driven by fossil fuel interests. As foreshadowed during previous attempts in 2022, “The industry will keep trying these secretive, last minute efforts to push forward dirty deals.”
Unjust energy policies being marketed as for the “common good” is an age-old practice—as old as redlining, the industrial revolution, and earlier. Our energy systems have long been controlled by extractive, industry-driven forces, resulting in what is known as “fossil fuel racism.” Fossil fuel racism creates disproportionate impacts on people of color from the fossil fuel cycle and requires:
So what’s different about EPRA? Nothing. Not only does it contain goals straight out of Project 2025, the American Petroleum Institute and “two dozen energy companies and trade groups’” lobbying reports mention EPRA by name. Though the bill alleges to improve energy projects’ approval processes, it does so through fossil fuel racism, with giveaways to big oil and gas while hurting vulnerable communities and the environment. Here’s how:
1) Sacrifice Zones and Fossil Fuel Expansion
The Energy Permitting Reform Act continues to exploit environmental justice communities by reinforcing sacrifice zones, which include predominantly people of color and low income, by greenlighting fossil fuel projects. EPRA would undo the Biden administration’s pause on approving Liquefied Natural Gas (LNG) export projects, overwhelmingly situated in these communities. EPRA would also dramatically shorten time for the Department of Energy (DOE) to perform environmental reviews and mandates automatic project approvals after 90 days, regardless of potential negative impacts. Additionally, modeled emissions reductions used to justify support for EPRA rely on continued use of environmental justice communities as sacrifice zones.
2) Climate Crisis and Public Health
People of color and low income disproportionately experience the worst climate crisis impacts. The modeling that claims the transmission pieces of EPRA would reduce greenhouse gas emissions are cherry-picked scenarios and assumptions, according to and underscored by over 100 scientists. Modeling also ignores localized pollution contributing to increasing health crises. The models’ reliance on greenhouse gas calculations overlooks realities for communities on the ground.
3) Industry Control and Democracy Broken
The bill undermines the ability of communities burdened by pollution to have a say regarding projects that threaten their health and environments. EPRA would reduce the time communities and Tribes have to challenge projects in court from six years to 150 days. It goes further to weaken the National Environmental Policy Act by voiding essential environmental impact assessments for fossil fuel projects.
EPRA sets a dangerous precedent and has serious implications for frontline communities. Zulene Mayfield, of Chester Residents Concerned for Quality Living (CRCQL) in Chester, Pennsylvania, is fighting a proposed LNG facility in her backyard. Chester—a majority working class, Black neighborhood—is already dealing with a health crisis from trash incinerators and sewage treatment facilities. Community members received no public notice about the project and were locked out of public hearings. With EPRA’s extreme project approval timeline coupled with an intentional lack of transparency, safeguards from hazardous projects are gone.
Hilton Kelley of Community In-Power and Development Association Incorporated (CIDA Inc.) in Port Arthur, Texas has also been fighting to free his community from fossil fuel racism. As a resident of the “cancer belt,” he is now dealing with two new LNG facilities in his neighborhood.
Voices against EPRA are rising with over 680 organizations opposing the bill. Environmental Justice leaders have spoken out including Richard Moore of Los Jardines Institute: “It [EPRA] is a stark reminder of the priorities of those who continue to put corporate profits above the health and well-being of our communities.”
EPRA is built on a false policy dichotomy. We don't have to sacrifice environmental protections and communities to fast-track clean energy projects. There are other legislative proposals that are designed to protect communities with significant support, such as the A. Donald McEachin Environmental Justice for All Act, which was written in partnership with environmental justice communities. This bill would cement key protections including cumulative impacts analysis; first, early, and ongoing engagement models; and civil rights and NEPA requirements. The Clean Electricity and Transmission Acceleration Act (CETA) similarly strengthens engagement through environmental justice liaisons facilitating relationships between project sponsors and communities.
Our communities are opportunity centers full of vision, solutions, and wisdom—not sacrifice zones. Our communities are worth investing in to achieve a just, sustainable energy future and address the climate crisis now, if decision-makers would only open their eyes.
"Trump is not in office yet, and the Democrats have the power to do so much more in the coming weeks to stand up to this fossil fuel agenda, and we need them to seize this moment," said one campaigner.
With the clock winding down on President Joe Biden's tenure and the dark cloud of Republican President-elect Donald Trump's imminent administration looming, activists rallied Sunday in Washington, D.C. to demand that the Biden administration "use every tool possible to make progress on climate justice" while there's still time.
Under the rallying call "Biden make a final stand, fossil fuels destroy this land," members and allies of groups including the Green New Deal Network, 350.org, Center for Biological Diversity, Fridays for Future USA, Extinction Rebellion D.C., Sunrise D.C., Oil Change International, Food & Water Watch, and others gathered outside the headquarters of the U.S. Environmental Protection Agency (EPA)—which will be run by fracking champion Lee Zeldin if Trump's nominee is confirmed by what will be a Republican-controlled Senate.
"The stakes could not be higher. Donald Trump and his fossil fuel allies are about to take control of the White House, doubling down on dirty energy policies that are destroying our planet and our communities," Food & Water Watch policy director Jim Walsh told attendees of Sunday's protest. "We will not stand by idly and watch them put the profits of fossil fuel companies above the health and well-being of our communities."
"Trump is not in office yet, and the Democrats have the power to do so much more in the coming weeks to stand up to this fossil fuel agenda, and we need them to seize this moment," Walsh continued. "We know the truth: To protect our communities, we must phase out fossil fuels. No more drilling! No more pipelines! No more permits! We need bold action on climate, and we need it now!"
In addition to calling on congressional Democrats to reject a permitting reform bill introduced earlier this year by Sens. Joe Manchin (I-W.Va.) and John Barrasso (R-Wyo.) that critics have linked to Project 2025, a conservative coalition's agenda for a far-right overhaul of the federal government.
Walsh called the proposed legislation—which has previously been derided as Manchin's "dirty deal"—a "giveaway to the fossil fuel industry masquerading as some sort of bipartisan energy solution."
"In reality, this bill will clear the way for decades of pollution and climate chaos," Walsh added. "It will poison communities for the profits of fossil fuel interests. This will do nothing except forward Donald Trump and the Project 2025 agenda."
Walsh also called on Biden to reject half a dozen permits related to the export of liquefied natural gas.
The rally coalition is calling on Biden to take the following action during the remaining 63 days of his administration:
"President Biden has the power to act today," Walsh stressed.