We’ve written before about how the Federal Energy Regulatory Commission (FERC) rubber stamps new pipelines and fossil fuel infrastructure, locking us into decades fo climate chaos. And in particular how Trump’s FERC has acted again and again to prioritize fossil fuel profits over the health, safety and civil rights of American citizens.
So, in context, Trump’s latest FERC nominee James Danly doesn’t look all that surprising. But in this case, dangerous things come in bland packages:
Danly, who currently serves as the general counsel to FERC claims to be a “humble regulator.” But what he actually means:
That’s right, Danly wants to take control of America’s energy infrastructure the same way Brett Kavanaugh and Trump’s other wildly unqualified, super-conservative, almost-always-white-male judges are taking over the judiciary. And, not surprisingly, he wants to get there in a similar way to how Kavanaugh got on the court.
Our best chance to stop Trump’s latest ultra-conservative nominee is to bottle up his nomination in a committee hearing. Can you sign here to tell the Senate Energy Committee to vote no on James Danly, Tump’s latest climate-denying FERC nominee?
Here’s the short version of how we got here: FERC has seen record turnover since Trump was elected. With the departure of Democratic Commissioner Cherly LaFleur earlier this summer, there are only three commissioners left, two Republicans and one Democrat). That’s barely enough for a quorum, and gives the last remaining Democrat, Richard Glick extra leverage to block votes or halt projects by refusing to participate.
At the same time, there’s been an explosion in protests and opposition to pipelines. Inspired by campaigns against the Keystone XL and Dakota Access Pipelines, activists have been rising up to resist fossil fuel infrastructure from coast to coast. We’ve been part of a number of those campaigns and I know you have been too. At the same time, our allies have been suing every pipeline they can to slow them down and stop the approval process. And in a few very important instances, the combination of those tactics – the lawyers suing and the people protesting – have combined to stop big projects like Keystone and the Atlantic Coast Pipeline.
So the fossil fuel companies are getting nervous. They’ve been enthusiastically backing Trump’s attempt to pack the court, and are betting billions of dollars that the Supreme Court will back them where lower courts have consistently sided with landowners, the environment, and climate action.
And that’s where Danly comes in: Fossil fuel profiteers and their cronies in the Trump Administration can only win in court if they have regulators who ignore the lower courts. They’ve succeeded in firing or driving out thousands of civil servants at the EPA and Interior Department, and replaced them with lifelong fossil fuel cronies like Andrew Wheeler and David Bernhardt. Those guys were put in charge because they were corrupt, but not cartoonish, as their predecessors Scott Pruitt and Ryan Zinke had been.
Just like Wheeler is a less-ridiculous but equally-evil alternative to Pruitt, Danly is a less flamboyant version of Bernard McNamee – the Republican FERC nominee who drew unanimous opposition from Senate Democrats just about 1 year ago. Danly claims to be more moderate, but he’s the legal mind behind FERC’s refusal to even consider the climate impacts of pipelines and projects it reviews.
And, just like Kavanaugh’s nomination to the Supreme Court, Danly’s nomination follows a Republican campaign to stack FERC with their preferred commissioners. FERC commissioners are usually nominated in pairs – one Democrat and One Republican – to maintain the legally required balance on the commission. But Danly marks the third Republican nomination in a row, and comes even as a Democratic Nominee to replace LaFleur is waiting for consideration. It’s part of a continuing trend to pack the FERC with Trump-style fossil fuel allies.
Danly’s first hearing is tomorrow, but he wont get a vote in the full Senate for a few weeks. So sign now and we’ll deliver your name to the Senate ASAP!