Trump’s newest FERC nominee is just as corrupt as you think.

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:

Danly’s credo draws on core tenets of the Federalist Society, an influential group of conservatives and libertarians … said several attorneys who practice before FERC

https://www.eenews.net/stories/1060534923

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!

Up in the air to stop the pipelines

This morning, I got up early, climbed a ladder 35 feet up, and perched on top of the front door of the Federal Energy Regulatory Commission with a banner that reads “FERC NO, Federal Renewable Energy Commission YES!”

It’s not a 100% safe, or legal way to make a point. But I thought it was important enough, and that this is a critical moment in which to make this point. 

Let me explain:

The Federal Renewable Energy Commission (FERC) is the agency in DC responsible for regulation of our interconnected electricity grids, as well as review, permitting and (almost always) approval of natural gas infrastructure in the United States. It’s already a powerful agency that oversees billions of dollars in infrastructure and is empowered to act on matters that can affect your monthly utility bill, and even seize your house or land and evict you through a process called eminent domain. Allies of the fossil fuel industry in DC have fought for years to expand those powers – so that FERC would oversee oil pipelines too, and would have stronger and more expedited powers to force through fossil fuel infrastructure.

For years we’ve battled against FERC and those who want to expand its powersWe’ve fought FERC orders to expedite fracking and new pipelines and LNG terminals. And we’ve been arrested and protested at multiple Senate hearings on FERC and opposed legislation to expand its powers.

But all along we’ve maintained it doesn’t have to be this way. FERC has a clear set of responsibilities that could be really helpful in fighting climate change – they could direct utilities to price renewable electricity more favorably than fossil fuels. They could also stop approving every new fossil fuel project that is proposed to them – especially big new fracked gas pipelines and export terminals, which will lock us into dangerous methane – a climate pollutant 86x more powerful than CO2 – for 30 years or more. 

Hence – FREC, the Federal Renewable Energy Commission. Our vision is that as part of a Green New Deal, Congress would re-make FERC into an agency that prioritizes the climate crisis and acts to implement the renewable energy future we wall want.

It was even starting to work – In the last 12-24 months we’ve seen cracks between the FERC commissioners, with the two Democrats dissenting on many votes and deadlocking – effectively blocking – approval of new pipelines and gas export terminals. When asked why they are saying no, Democrats at FERC say they hear from the courts, the public, and from scientists that they need to do a better job measuring and addressing the impacts these projects have on climate change.

And then, last week, Donald Trump poured gasoline and methane all over that raging fire of a debate:

In a series of Executive Orders, Trump made plain he intends to use the Department of Energy (which oversees FERC), EPA and other federal agencies as a cudgel to ram through new oil and gas pipelines. Taken together with a series of state-level laws that ban protest at pipeline construction sites, Trump’s fossil-nationalism says this: 

  1. Fossil fuel companies should be paid more than any other energy sector. If ratepayers disagree, or the market simply moves in a different direction since the fuel for renewable energy is free, the Government will subsidize fossil fuel companies and force you to pay more money for dirtier energy.
  2. If fossil fuel companies want to build a pipeline through your town, put a compressor station on your front yard, or an export terminal where you fish, they can do so. Their wish is your command and they can take your land, your tribe’s land, or your town/state’s land to do it. If you think that’s unfair, you don’t want a pipeline in your front yard or sacred places, even if you take the time to convince your city council, tribal council, governor, mayor or other elected officials to join you in opposing the project, they will all be overruled. What’s yours, what’s sacred, what belongs to all of us in common – none of it matters. The fossil fuel industry gets what it wants, and you -as a ratepayer and a taxpayer – will pay them for it whether you like it or not.
  3. If you’re a shareholder, an investor, or a capitalist of any kind that believe climate change is a real, urgent threat – companies are ordered by the FEC to ignore you, and your right to talk about climate chaos, fossil fuels and investment strategy that does not burn the planet down is blocked. If you try and speak out anyway, your status as a licensed investor can be challenged and you can be removed from public exchanges. Fossil fuels are the only way to make money, and any dissent will be punished.
  4. Oh and if you resist, if you lay down in front of the machinery of destruction and put your body on the line to stop this madness – you will be arrested, probably by heavily armed federal agents, and put in jail. In an increasing number of states, simply praying for peace in the path of a pipeline could get you locked up for a decade or longer.

Which is why I’m up here. We have a clear plan for how FERC can stop being part of the problem, and transform into FREC – a part of the solution. Trump and Co. are clearly not going to help implement that vision, but Congress might – and you can help! Here’s how:

  1. Check out the livestream and photos from our partners in action at BXE above
  2. If you’re interested in supporting our work, click here to chip in – we have more actions planned this spring at Shareholder meetings and corporate gatherings!
  3. Call Chuck Schumer at 202-224-6542 and Nancy Pelosi at 202-225-4965 to urge them to support legislation to replace FERC with FREC.

Not one more Climate Denying FERC Nominee!

Donald Trump has nominated Bernard McNamee – a deeply unqualified, republican-hack, and climate-denier –  to fill the vacant Republican seat at the Federal Energy Regulatory commission (FERC). The Senate is moving at “warp speed” to ram this latest dastardly, destructive nomination through.

This is bad – red-alert, 4-alarm BAD. But I have good news, too. On October 16 we’re going to the Senate with friends from Beyond Extreme Energy (BXE) to deliver a loud and clear message: We can’t afford one more Climate Denying Trump Nominee in charge of our energy policy. The Senate must vote NO on McNamee and stop Trump’s FERC!

Let’s be perfectly clear: We think any nominee is a bad idea, because preserving the deadlock at FERC – where the two remaining Democrats are often at odds with the two remaining Republicans – is our best chance at stopping new pipelines and other fossil fuel infrastructure projects.

But even allowing that we don’t want anybody to be confirmed, McNamee is worth fighting. He has been a lifelong advocate for fossil fuels, and is a climate denier. Sign here to demand the Senate vote vote NO on Trump’s latest climate-denying, community-wrecking nominee; Bernard McNamee!

He’s completely unqualified to oversee energy policy: He has no experience in the utility or natural gas utility industries, let alone our complicated and interconnected system of electric utilities. He once wrote a letter to The Hill about how fossil fuels “dramatically improve the human condition” – on Earth Day no less!

More importantly, he was a leading author and architect of Trump and Rick Perry’s dangerous plan to bail out coal and nuclear plants last year; a plan so obviously biased in favor of fossil fuels and the corporations who profit off them that even FERC voted 5-0 to deny it. After the unanimous rejection by FERC, McNamee has been hard at work looking for a legal, or extra-legal loophole to order that we pay some $34 billion in subsidies to failing coal and nuclear plants.

Having failed to find a legal way to apply national-socialist principles to every American’s utility bill, Trump seems to have decided that it’s simply faster to pack the FERC – just like he’s packing the courts. This is only the latest example of Trump appointing dangerously unqualified loyalists to high-ranking positions at FERC: FERC chief of staff, Anthony Pugliese  told a far-right Breitbart News podcast that FERC was working to approve McNamee’s coal and nuclear bailout, and repeated the statement to a nuclear energy conference.  Pugliese’s collusion is so extreme that even moderate Democrats on the Senate Energy Commitee have said it “call[s] into question the impartiality and independence of the Commission.”

McNamee’s nomination is obviously be part of a plan to ram through more fossil fuels. And FERC’s Republican majority is clearly complicit. Pugliese was brought into FERC by former acting-chair Neal Chaterjee and Chairman Kevin McIntyre seems ready to go along with him, saying on Twitter “I look forward to serving with McNamee.”

McNamee is clearly unqualified, dangerous, and denies the urgent, imperative science of the most recent report from the UN Intergovernmental Panel on Climate Changewhich unequivocally states that we have to cut all emissions of global warming pollution (including methane which is ~80x more potent of a climate-pollutant than Carbon Dioxide) 50% in 12 years, and 100% by 2050.

It’s up to our Senators to ask serious questions of McNamee, and the remaining four commissioners who have allowed the agency to become mired in partisan, climate-denying scandal. And ultimately, it’s up to each and every one of our Senators to vote NO on McNamee. Sign here to tell them so.