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‘GAS’ Bill Comes Under Fire for Environment Threat, Opportunism

by Brendan Coyne

Oct. 7, 2005 – Opposition to companion bills working their way through separate committees of the US House of Representatives has been growing, as conservationists and politicians at the local, state and national level take up efforts to beat it back.

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The legislation is also coming under fire for supporters’ efforts to tie it to the emergency clean-up and restoration of the Gulf coast following Hurricanes Rita and Katrina.

Introduced by Representatives Joe Barton (R-Texas) and Richard Pombo (R-California), the Gasoline for America’s Security (GAS) Act of 2005 would alter federal emissions and rules in order to encourage oil and gas companies to increase refinery output and build new facilities for processing fossil fuels.

The measure calls for the federal government to have ultimate authority to designate sites for new refineries. It lowers emissions standards for companies upgrading facilities and requires the construction of several new pipelines, according to a draft of the bill released by Pombo at the end of September. In addition, the bill would financially insure energy companies against the effects of existing laws and provisions of future regulations.

Environmental groups took an early stance on the proposed legislation. According to the Natural Resources Defense Council (NRDC), combined, both versions of the GAS Act would almost completely gut the New Source Review program created under the Clean Air Act to monitor pollution arising out of energy facility upgrades. Additionally, the measures would limit federal oversight of refineries and open up the Arctic National Wildlife Refuge and coastal areas to oil drilling.

In a statement at the end of September, NRDC legislative director Karen Wayland called the bills "grab-bags of polluter-friendly policies." Clean Air Watch and the National Environmental Trust both joined in criticizing the package, as did a number of national associations of state and local public officials.

According to a statement by Steven Brown, director of the Environmental Council of the States, the GAS Act barely addresses short term fuel problems at the expense of long-running programs. "It is critical that States’ ability to issue permits and to provide vital environmental protection services are not hindered," Brown added.

The National Conference of State Legislatures last month sent a letter to Barton and Michigan Congressman John Dingell, the ranking Democrat on the House Energy Committee, pleading for changes to portions of the law that undermine state sovereignty.

A day later, the National League of Cities issued a similar call, as did the US Conference of Mayors. In a statement, Conference Director Tom Cochran said they were "appalled and shocked that Congress is moving to mark up a proposal put forth by Energy and Commerce Chairman Joe Barton without input from the nation's mayors or discussions with other public stakeholders."

Supporters of the act say that spiking fuel prices and the damage to refineries and pipelines caused by Hurricanes Katrina and Rita show that the nation’s energy supply is ill-equipped to deal with major catastrophes.

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Referring to the hurricane-ravaged Gulf Coast in a statement issued in conjunction with the release of the draft legislation, Barton said: "If there is a silver lining in this tragic situation, it may that our country understands how fragile our energy sector is and our energy infrastructure is, and how easy it is to disrupt it."

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Online Sources
  • Press Release "Improper Excavation procedures Contribute to death of Construction Worker" OSHA
  • Press Release "Congress Exploiting Hurricanes to Push Energy Legislation" NRDC
  • Press Release "City Officials Urge ‘No’ Vote on So-Called Gasoline Security Bill" National League of Cities
  • Document "Letter to Joe Barton" National Conference of State Legislatures
  • PDF File - requires Adobe Acrobat - click to obtain Legislation/Int'l Agreement "Gasoline for America’s Security Act of 2005" House Energy Committee
  • Press Release "Statement on GAS" US Conference of Mayors
  • Press Release "Policy Statement" Environmental Council of the States
  • Press Release "Barton Releases Discussion Draft of Energy Bill" Rep. Joe Barton
Brendan Coyne is a contributing journalist.

Recent contributions by Brendan Coyne: more