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"Nothing about this project is in alignment with Biden's climate and environmental justice goals," said one campaigner.
Climate action groups are vehemently rejecting the Biden administration's claim that the approval of a new offshore oil terminal—planned to be the largest in the U.S.—is in the "national interest," after the U.S. Department of Transportation announced the project had met several federal requirements and could begin operations by 2027.
The agency's Maritime Administration said last week that Enterprise Product Partners, a Houston-based pipeline company, had been granted a deepwater port license to build the Sea Port Oil Terminal (SPOT) near Freeport, Texas following a five-year federal review process.
The federal government determined the $1.8 billion terminal project had undergone sufficient environmental impact reviews and would overall benefit the country—even as it was projected by the Sierra Club, which has fought SPOT for several years, to emit greenhouse gases equivalent to those of nearly 90 coal-fired power plants.
"The evidence is clear that SPOT would be catastrophic to the climate, wildlife, and frontline communities of the Gulf," said Devorah Ancel, senior attorney with the Sierra Club. "It threatens the future existence of the endangered Rice's whale with a population of less than fifty, and its ozone pollution would compromise the health of thousands of Gulf residents who have endured decades of fossil fuel industry pollution. Make no mistake, SPOT is not in the national interest."
The project is expected to include two pipelines that would carry crude oil to the deepwater port each day, enabling the export of 2 million barrels of crude oil, loaded onto two supertankers at once, daily.
"Nothing about this project is in alignment with Biden's climate and environmental justice goals," said Kelsey Crane, senior policy advocate at Earthworks. "The communities that will be impacted by SPOT have once again been ignored and will be forced to live with the threat of more oil spills, explosions, and pollution. The best way to protect the public and the climate from the harms of oil is to keep it in the ground."
Allie Rosenbluth, U.S. manager at Oil Change International, noted that the project has been approved despite the International Energy Agency's clear assessment in 2021 that "all new investments in oil and gas projects must stop if the world is going to reach its climate goals," including limiting planetary heating to 1.5°C.
"The Biden administration's decision to approve the Sea Port Oil Terminal is a grave mistake. This approval will only harm local communities and ecosystems, and lead to even more devastating impacts of the climate crisis," said Rosenbluth. "The U.S. is already the largest producer of oil and gas and has the largest expansion plans globally. Instead of continuing this legacy of harm by approving fossil fuel projects, President Biden should be listening to the science and the masses of his constituents calling for an end to fossil fuels."
The direct action group Climate Defiance expressed doubt that the approval of SPOT will help Biden win over any voters as the 2024 election approaches.
Nine in 10 Democratic voters and Democratic-leaning independents told Pew Research Center last year that they believe the U.S. should prioritize developing renewable energy sources—and two-thirds of Republican voters under age 30 agreed.
"This project would be the single-largest oil export terminal in the U.S." said the group. "We are being boiled alive here, literally burned to death by 'moderate' politicians who see fit to torch us in the name of quarterly profits. How can we live like this? How can this go on?"
Last year was the hottest on record, and the first three months of 2024 have each broken records for high global temperatures. Scientists found last year that climate disasters including wildfires in Canada and extreme heat in Europe were made far more likely by fossil-fueled planetary heating.
Local organizers in Texas condemned the Biden administration's decision to ignore campaigners who have warned of the danger SPOT poses to marine habitats as well as people who live in the area where two crude oil pipelines have now been given final approval to run.
"We continue to struggle to see why Biden and [Transportation Secretary Pete] Buttigieg prefer to protect the corporate profits of billion-dollar oil giants like Enbridge and Enterprise over the hardcore objections of the people who would have to live with the consequences of pipelines criss-crossing our beaches," said Trevor Carroll, Brazoria County lead organizer with Texas Campaign for the Environment. "If you care about environmental justice and the climate, you just can't support a monstrosity like SPOT. The local community and the global climate justice movement are continuing to fight... This is not over."
Melanie Oldham, director of Better Brazoria, said SPOT will be "an oil spill waiting to happen that would not only lower property value, but harm our local ecosystems, ecotourism, beaches, recreation, and kill marine life like the endangered Rice's whale and Kemp's Ridley sea turtles."
"Those of us residents, beachgoers, and voters that have for the past four years opposed the SPOT offshore terminal and pipelines are very disappointed with the approval of the project license," said Oldham. "President Biden has again broken promises to protect frontline communities in Surfside and Freeport."
The administration's approval came three months after the White House announced it was delaying consideration of new gas export terminals, and the same day the federal government said fossil fuel companies will have to pay higher royalties in order to drill on federal lands.
But those climate actions paired with the SPOT approval amount only to "flip flopping," said Climate Defiance.
"It is not enough that the administration stopped new gas exports if they are going to back stab us with this death-sentence decision now," said the group. "This is not us being 'ungrateful.' This is the science. The pure, unvarnished, science."
"Congress must pass a comprehensive rail safety bill that addresses the issues rooted in the industry's current operating practices," said one labor group.
Six months after a Norfolk Southern freight train carrying hazardous materials derailed and burned in East Palestine, Ohio, railroad workers on Thursday urged Congress to pass comprehensive safety legislation to stop their employers from "choosing Wall Street over Main Street."
"On this somber occasion, rail labor unions once again renew our calls for safety reforms," the Transportation Trades Department (TTD) of the AFL-CIO, which represents 37 unions, said in a statement. "For years, workers have sounded the alarm about deadly safety conditions in the freight rail industry. The industry's safety failures contribute to more than 1,000 freight train derailments a year."
"There have been more than 60 high-profile derailments since East Palestine, including multiple [incidents] in Ohio, Pennsylvania, and Montana," the labor group continued. "Through it all, freight rail companies have maintained their fundamental disregard for public safety. Safety is just a buzzword to the railroads."
TTD added:
Since the East Palestine disaster, rail companies have lobbied to evade or weaken safety provisions, such as the two-person crew minimum staffing standard in legislation pending before Congress. They have also sought to gut proposed safety requirements for rail inspections, defect detectors, and more. While fending off proposed safety measures, railroads have also repeatedly sought waivers from existing federal safety rules.
Shortly after the February 3 East Palestine derailment, chemical spill, and burnoff—which released toxins into the air and forced the evacuation of area residents—rail workers blamed what one member of the Brotherhood of Locomotive Engineers and Trainmen-Teamsters union called "greedy profiteers who externalize risks and reap profits at our expense."
In the wake of recent rail accidents, workers, politicians, and safety advocates pointed to the railroad industry's profit-maximizing scheduling system that forces fewer workers to manage longer trains in less time. Unions and progressive lawmakers contend that this makes the nation's rail system more dangerous and contributes to derailments.
Some critics also noted that rail industry operatives spent more than a half billion dollars lobbying against improved railroad safety rules at the federal and state levels over the past two decades, while others drew attention to the billions of dollars in stock buybacks and dividends issued by railroad companies—money advocates say would be better spent on ensuring better staffing and safety levels.
On Thursday, The Leverreported that Occidental Petroleum, the company that manufactured the toxic chemicals released during the East Palestine disaster, gave $2 million to the leading Senate Republican super PAC as "rail safety legislation stalled in Congress."
In March, U.S. Sens. Sherrod Brown (D-Ohio), J.D. Vance (R-Ohio), Bob Casey (D-Pa.), Marco Rubio (R-Fla.), John Fetterman (D-Pa.), and Josh Hawley (R-Mo.) introduced the bipartisan Railway Safety Act of 2023, legislation that would impose limits on freight train lengths—which in some cases currently exceed three miles.
While welcomed by some safety advocates, critics said the bill has "loopholes big enough to operate a 7,000-foot train through."
The Railway Safety Act was introduced a day after Democratic U.S. Reps. Ro Khanna (D-Calif.) and Chris Deluzio (D-Pa.) put forth a bill that would require the U.S. Department of Transportation to impose stricter regulations on trains carrying hazardous materials.
Later in March, Sens. John Fetterman (D-Pa.), Bob Casey (D-Pa.), and Sherrod Brown (D-Ohio) introduced the Railway Accountability Act, which would direct the Federal Railroad Administration to study wheel-related accidents and mechanical defects.
The legislation would also implement new brake safety measures, improve switchyard safety protocols, ensure rail companies provide adequate safety equipment to their workers, and compel large freight operators to report close calls and dangerous events.
Advocates lamented that none of the bills have passed in the six months since East Palestine.
"Congress must pass a comprehensive rail safety bill that addresses the issues rooted in the industry's current operating practices," TTD said. "Absent these federal actions, rail corporations will keep choosing Wall Street over Main Street and rail safety will further deteriorate."
"Above all, rail corporations must grapple with the moral bankruptcy of their current safety operations and come to their senses," TTD added. "If the moral calculation is not persuasive, perhaps the financial calculation will be."
"The Department of Justice is standing up for passengers, workers, and communities across the country," said one expert.
Consumer and labor advocates on Tuesday welcomed a U.S. Department of Justice antitrust lawsuit seeking to block JetBlue's proposed $3.8 billion acquisition of Spirit Airlines, its biggest competitor, a deal that critics say would harm passengers and workers.
The Department of Justice (DOJ), along with the attorneys general of Massachusetts, New York, and Washington, D.C., allege in the civil antitrust suit that "by eliminating that competition and further consolidating the United States airlines industry, the proposed transaction will increase fares and reduce choice on routes across the country, raising costs for the flying public and harming cost-conscious fliers most acutely."
While the two airlines argue that their merger would increase competition, U.S. Attorney General Merrick Garland said in a statement that the deal "would result in higher fares and fewer choices for tens of millions of travelers, with the greatest impact felt by those who rely on what are known as ultra-low-cost carriers in order to fly."
"Americans want more choices and lower prices for airline tickets, not another giant merger."
Consumer advocacy groups agreed with Garland's assessment.
"In blocking this blatantly anti-competitive deal, the Department of Justice is standing up for passengers, workers, and communities across the country," William J. McGee, senior fellow for aviation and travel at the American Economic Liberties Project, said in a statement. "Don't believe JetBlue's corporate spin: Allowing JetBlue to gobble up a low-cost competitor and accelerate concentration in the aviation industry will immediately drive up fares nationwide."
\u201cIt's official: The Justice Department is suing to block the $3.8 billion JetBlue-Spirit merger.\n\nBefore 1978 the government used to regulate airlines heavily, even setting ticket prices.\n\nIt's time for the government to step in and regulate the industry again.\u201d— More Perfect Union (@More Perfect Union) 1678206220
Transport Workers Union of America (TWU)—which represents JetBlue flight attendants—also opposes the deal.
"We have yet to see a credible argument that a consolidated JetBlue-Spirit will enhance competition in the domestic airline industry," TWU international president John Samuelsen wrote in a letter to Garland and U.S. Transportation Secretary Pete Buttigieg last month.
"Workers and passengers will be harmed, just as they have been in many past airline consolidations, as the new airline follows the business practices, pricing strategies, and labor cost-cutting practices previous combined carriers have undergone," Samuelsen added.
\u201cLet us be clear- This hostile takeover is not good for the TWU\u2019s IFCs @JetBlue or our Guest Service Agents @SpiritAirlines , or the flying public, period. Our job is to defend TWU members and @transportworker is working hard to ensure that this acquisition is dead on arrival .\u201d— John Samuelsen (@John Samuelsen) 1677677968
Some opponents of the airline megadeal noted that the U.S. Department of Transportation (DOT) has the power to do more to block anti-competitive mergers and acquisitions.
As the Economic Liberties Project noted: "The DOT already has broad, existing authority under the Clayton Act to block airline mergers. Similarly, under Title 49 of the U.S. Code, DOT has broad authority to investigate and prosecute anti-competitive airline mergers, and to deny route transfers that contravene the public interest or affect domestic competition."
The group also highlighted President Joe Biden's call for Buttigieg to deliver financial relief to air travelers and align the DOT with the White House's plan to promote a more competitive economy.
\u201cAmericans want more choices and lower prices for airline tickets, not another giant merger. Critical action to protect consumers and workers by AAG Kanter & Secretary Buttigieg. I've urged federal agencies to heed @POTUS' call to use their antitrust tools to promote competition.\u201d— Elizabeth Warren (@Elizabeth Warren) 1678207578
"Secretary Buttigieg and the Department of Transportation have broad authority to block harmful mergers and promote competition throughout the airline industry," McGee said. "We're also pleased to see reporting that DOT plans to use their power, embracing President Biden's competition agenda, to stop the JetBlue-Spirit deal."