American Oil and Gas Reporter - July 2023 - 14

IndustryDigest
Mountain Valley Obtains
Final Federal Permit
WASHINGTON-A June 23
Department of the Army water crossing
permit from the U.S. Army Corps of
Engineers constitutes the final
authorization necessary for the
Mountain Valley Pipeline.
Press accounts note that the debt
limit increase authorization legislation
that President Biden signed on June 3
includes language ratifying and
approving all permits and authorizations
necessary for MVP's construction and
initial operation, directing the
applicable federal officials and agencies
to maintain such authorizations.
MVP operator Equitrans Midstream
says it intends to work with its project
partners to complete construction of
the project by year-end, at an
estimated total project cost of
approximately $6.6 billion.
" This announcement that the MVP
finally has all permits needed to
resume construction is great news for
not only West Virginia, but the entire
nation, " affirms Senator Joe Manchin,
D-W.V. " The MVP is essential to
ensuring our nation's energy and
national security and providing
affordable, reliable natural gas to
hundreds of thousands of Americans.
" I am proud to have secured
Mountain Valley's approval in the recent
debt ceiling legislation and am pleased
to see the administration following the
law and approving this vital project, "
Manchin continues. " The construction
of this pipeline has been caught up in
America's broken permitting process
for far too long, and I look forward to
the day this important piece of energy
infrastructure is up and running. " ❒
Biden Administration
Proposes Rollback Of
Trump-Era ESA Reform
WASHINGTON-The U.S. Fish and
Wildlife Service and National Oceanic
and Atmospheric Administration's
National Marine Fisheries Service in
late June proposed new regulations that
would roll back Endangered Species
Act reforms instituted during the Trump
administration.
According to the agencies, two
separate proposed rules address
14 THE AMERICAN OIL & GAS REPORTER
USFWS' and NOAA Fisheries' shared
responsibilities regarding interagency
cooperation, species classification and
critical habitat designations under the
ESA. A third proposed rule, issued by
USFWS, addresses the protections
afforded to species listed as threatened.
The Trump-era changes incorporate
regulatory amendments that oil and gas
representatives have praised for increasing
ESA rules' transparency, clarity, stability
and effectiveness. They include allowing
agencies to collect and publish data about
ESA requirements' economic costs, and
also rescind USFWS's 1978 so-called
Section 4(d) " blanket rule, " under which
threatened species were afforded the same
protections as endangered species
(AOGR, Sept. 2019, pg. 26).
The agencies claim the first joint rule
includes efforts to strengthen the
interagency consultation process. It seeks
to revise language, definitions and
responsibilities to further clarify and
improve the federal interagency
consultation processes, including revising
the scope of reasonable and prudent
measures in an incidental take statement
to enhance conservation outcomes.
The agencies assert that the second
joint proposal aims to clarify
standards for listing, delisting and
reclassifying species, and revises
criteria for critical habitat
designations. It reinstates prior
language that listing, reclassification
and delisting determinations must be
made " without reference to possible
economic or other impacts of such
determination " to make clear that any
economic impacts stemming from the
listing, reclassifying or delisting of a
species are not factors in classification
decisions. The agencies also maintain
the second proposal will improve the
transparency of the listing process.
The USFWS says its proposal seeks
to reinstate blanket 4(d) protections for
species listed as threatened under the
ESA, but retains an option allowing
USFWS to adopt a species-specific
4(d) rule.
Senator Cynthia Lummis, R-Wy., is
among those criticizing the proposal as an
unwarranted federal expansion. " The ESA
needs reform, but this announcement by
the Biden administration is a step in the
wrong direction, " she assesses. " It is
already difficult to remove a species from
the endangered species list, and this new
policy will make it nearly impossible. In
my home state of Wyoming, the science is
clear that the Greater Yellowstone
Ecosystem Grizzly Bear has recovered
and does not need to be listed as
endangered any longer.
" The people who live and work near
the species know better than the federal
government, and these regulations will
actually hurt the species they are trying
to protect, " she adds. " We should be
working to recover wildlife, not pat
ourselves on the back for keeping them
on a list forever. "
The deadline for public comment is
Aug. 21. The proposed rules can be
viewed at www.federalregister.gov/publicinspection.
❒
Chaco Canyon Freeze
Attracts Condemnation
ROSWELL, N.M.-The Independent
Petroleum Association of New Mexico
is decrying the Biden administration's
June 1 decision to declare a 20-year
moratorium on new oil and gas leasing
within 10 miles of Chaco Culture
National Historical Park. However,
reactions from the Navajo Nation
demonstrate that oil and gas groups are
by no means the move's only critics.
Although U.S. Secretary of the
Interior Deb Haaland characterizes the
decision as protecting the area's cultural
integrity and environment, Navajo
Nation President Buu Nygren and
Speaker Crystalyne Curley say the
decision will devastate many Navajo
allotment owners and their families.
" The Navajo Nation wholeheartedly
disagrees with Secretary Haaland's
recent action to withdraw lands, "
Nygren relates. " As leaders of the
Navajo Nation, we support the Navajo
allottees who oppose the withdrawal of
these public lands. "
IPANM Executive Director Jim
Winchester notes that many Navajo are
upset at the DOI's announcement
because generations of Navajo allottees
will lose an estimated $194 million in
potential royalties. He says the decision
is " indifferent to the pleas of the Navajo
Nation against a blatant government
taking; a complete capitulation to
pressure from outside environmental
groups who simply want to outright ban
all oil and gas drilling; and highly
unethical due to Secretary Haaland's
own family conflict of interest due to
her daughter's local political activism. "
http://www.federalregister.gov/public-inspection http://www.federalregister.gov/public-inspection

American Oil and Gas Reporter - July 2023

Table of Contents for the Digital Edition of American Oil and Gas Reporter - July 2023

Contents
American Oil and Gas Reporter - July 2023 - Intro
American Oil and Gas Reporter - July 2023 - Cover1
American Oil and Gas Reporter - July 2023 - Cover2
American Oil and Gas Reporter - July 2023 - Contents
American Oil and Gas Reporter - July 2023 - 4
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