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Archive for the ‘energy policy’ Category

National Marine Fisheries Service (NMFS) biological opinion dated 5/20/2025

Background:

  • Section 7(a)(4) of the Endangered Species Act (ESA) requires federal agencies to confer with NMFS on any action that is likely to jeopardize the continued existence of proposed species or result in the destruction or adverse modification of proposed critical habitat.
  • Section 7(b)(3) of the ESA requires that at the conclusion of consultation, NMFS provides an opinion stating whether the Federal agency’s action is likely to jeopardize ESA-listed species or destroy or adversely modify designated critical habitat.
  • Last year, the U.S. District Court for the District of Maryland vacated the NMFS 2020 Biological Opinion for Gulf of Mexico Oil and Gas activities effective May 21, 2025, so failure to complete the opinion by that date would have jeopardized oil and gas operations in the Gulf.

Key points in the biological opinion:

  • p. 598: The proposed action is not likely to jeopardize the continued existence of sperm whale, Northwest Atlantic loggerhead sea turtle, Kemp’s ridley sea turtle, North Atlantic DPS green sea turtle, leatherback sea turtle, hawksbill sea turtle, or Gulf sturgeon.
  • The proposed action is not likely to destroy or adversely modify loggerhead or Gulf sturgeon designated critical habitat, or proposed critical habitat for green sea turtle North Atlantic DPS or Rice’s whale.
  • p. 599: The operation of oil and gas vessels in the Gulf of America, in an area where the endangered Rice’s whale occurs, is likely to jeopardize the continued existence of the whale due to the risk of vessel strike.

According to NMFS, the reasonable and prudent alternative (see below) reduces or avoids the primary threat to Rice’s whales, the risk of injurious and lethal vessel strike interaction. The impacts of other stressors are more limited in space and time, diffuse, or not likely to result in adverse effects to Rice’s whale.

The reasonable and prudent alternative (RPA) requires the following as it relates to vessel activity in the action area. More detail on p. 601:

  1. Immediately begin to use technology to enable Rice’s whale vessel strike avoidance and monitoring of presence of Rice’s whale.
  2. Establish an expert working group to support development and implementation of a Rice’s whale vessel strike avoidance technology plan (RW Tech Plan)
  3. Improve understanding of Rice’s whale vessel strike risk associated with the proposed action
  4. Develop a Rice’s whale vessel strike avoidance technology plan (RW Tech Plan)
  5. Undertake independent peer review
  6. Implement Rice’s whale vessel strike technology plan
  7. Monitor Rice’s whales to ensure no likelihood of jeopardy during RPA implementation

Comment: Because the risk to the Rice’s whale in the central and northwestern GoA is highly speculative (see analysis by Darren Ireland), the RPA is arguably excessive. However, I like the RPA’s technological and management system focus.

Unsurprisingly, Earth Justice et al found the NMFS opinion inadequate and filed a suit (attached) in Maryland calling on the court to vacate the opinion and grant injunctive relief.

How can they sue in a Federal court in Maryland, far away from the Gulf? The venue was ostensibly chosen because NMFS headquarters are located in a Maryland suburb of DC. The Maryland court is also likely to favor the plaintiffs, which may have been a factor in the choice of venue. It’s a great country! 😉

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John Smith’s excellent decommissioning presentation at the recent Western States Petroleum Assoc. luncheon in Santa Barbara is attached. John used an amended version of Bob Byrd’s OTC powerpoint, adding slides on the proposed California Marine Legacy Act amendments.

For those who have been following the Santa Ynez Unit story, Harmony, Heritage, and Hondo are the platforms in that unit. Platform Harmony, where production resumed on the date of John’s presentation (5/15), is in 1198′ of water and is one of the world’s largest offshore structures.

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The Administration has not yet explained the decision to allow the Empire Wind project to go forward. I suspect the following points apply:

  1. Attorneys advised, probably correctly, that the Administration would likely lose this case in the courts. Although the Secretary of the Interior has broad authority under OCSLA to suspend operations, he would need strong justification to do so indefinitely. Equinor has invested $billions in the project and their contractual rights would be difficult to abrogate.
  2. Equinor is 2/3 owned by the Norwegian govt, which engaged in diplomacy on Equinor’s behalf. Jens Stoltenberg, former PM of Norway and NATO chief, commented on X: “I commend the Trump Administration for our great cooperation in reaching an energy deal that allows Equinor to resume construction of Empire Wind. This will benefit both our countries & deliver energy to thousands of US households.”
  3. The project has strong support from trade unions.
  4. NY Gov. Hochul appears to have relaxed her position on gas pipelines: “I also reaffirmed that New York will work with the Administration and private entities on new energy projects that meet the legal requirements under New York law.” 

A post on X by Protect Our Coast NJ summarizes the position of project opponents: “There are no words. There was a shocking announcement last night that the federal government reversed course on the Empire Wind Project. We were stunned to see this news. We believe that offshore wind anywhere is a terrible idea. And this project off New York and New Jersey lies in an especially important area—from a national security, environmental and economic perspective. We supported the President’s policy against offshore wind development. And we celebrated Secretary Bergum’s decision to stop the Empire Wind project a few weeks ago. At the time, he said Equinor ‘rushed through by the prior administration without sufficient analysis or consultation among the relevant agencies as relates to the potential effects from the project.’ What changed in the past six weeks? Offshore wind is an extremely expensive, inefficient and unreliable source of power. It harms wildlife, including some of the most endangered mammals on planet Earth. We will fight to protect our coastal and marine ecosystems from the devastation brought by offshore wind construction and operations. We won’t stop until every scrap of steel is removed from the ocean. And we will work to ensure that government officials fully understand the ramifications to public safety, commerce and national defense Empire Wind represents.

There are also concerns among Norwegian investors about this project:

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The House Energy and Commerce Committee has proposed $2 billion to repair, replenish, and maintain the Strategic Petroleum Reserve. The proposal includes $1.32 billion for oil purchases and $218 m for maintenance, with the remaining funding allocated for the buyback of previously mandated SPR sales.

Energy Sec. Wright has called for the SPR to be refilled, for the infrastructure to be reviewed, and for plans to be developed to safeguard this strategically important asset.

Although not ostensibly a reason for refilling the reserve, doing so will reduce the risk of a freefall in oil prices and the associated economic turmoil.

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Kathryn Porter is a well informed and articulate energy consultant. This video linked below is highly recommended.

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In 1904 the famous “Old Maud” well (pictured) in Orcutt, Santa Barbara County, produced a million barrels in the first 100 days.

This week, the Santa Barbara County Board of Supervisors voted 3-1 to establish a framework to prohibit new oil and gas operations and phase out existing operations.

Given the industry’s long history in the County, one would have expected consultation with the remaining companies prior to that decision.

County staff informed Supervisor Bob Nelson, who voted against the ordinance, that they had not reached out to oil companies. Nelson described the ordinance as the nuclear option.

Charles Katherman, who started his own company in Santa Barbara 40 years ago, criticized the county for a lack of communication leading up to the ordinance. “What you’re proposing or looking at to vote on is a euthanasia of my industry,” Katherman said.

When John Smith told me about the County’s decision, I wondered what the late Darwin Sainz would think. Darwin was a proud 8th generation Californian, a well known rancher and oil industry veteran, a community leader, and Citizen of the Year in the Santa Maria Valley. His grandfather worked on the famous Old Maud well. Darwin was effective at reaching out to parties with opposing views and promoting dialogue and compromise. Sadly, reasoned dialogue no longer seems to be an option.

Darwin Sainz

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Aberdeen: once the proud Oil Capital of Europe

JL Daeschler comments that after crucifying the North Sea oil workers who saved the country in the 1970’s, the perpetrators are calling for £1.9 billion in emergency funding to help their victims transition to green energy jobs. How noble of them! How much of the funding will be provided by those responsible for the industry’s premature death? 😡

Times columnist Gillian Blowditch got it right:

It is difficult to imagine a world in which it makes sense to import oil and gas but not produce it, while forcing our skilled workforce to work offshore in far flung corners of the globe, especially when we are importing from Norway, which is extracting oil and gas from the same seabed for which we are refusing to grant licences.”

How many jobs are being created by government-driven energy transitions that seem to be moving in reverse? Where are those jobs?

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Our Scottish contributor, JL Daeschler, brought this brilliant Sunday Times piece by Gillian Blowditch (pictured) to my attention. A few excerpts follow, but I recommend that you read the entire column.

“I’m writing this column from Applecross in the Scottish Highlands, where the view from the window is of the Cuillins. These immutable behemoths squat beneath an expanse of sky in which the light is invariably diffuse. It never gets old.” (I second that emotion!)

“Renewables are a vital part of our energy mix, but they require gas-fired back-ups. Yet, instead of tapping into our North Sea reserves, we’re committed to importing foreign gas. It’s not just an issue around energy security and cost, it affects our trade deficit and competitiveness against countries using cheaper, home-grown supplies. It increases our dependence on foreign supply chains.”

Meanwhile, we risk losing the valuable skills and expertise we have built up over 50 years of North Sea exploration. We are all paying the price for this obsession through higher energy bills and job losses.”

It is difficult to imagine a world in which it makes sense to import oil and gas but not produce it, while forcing our skilled workforce to work offshore in far flung corners of the globe, especially when we are importing from Norway, which is extracting oil and gas from the same seabed for which we are refusing to grant licences.”

According to a Survation poll commissioned by the Aberdeen & Grampian Chamber of Commerce and published last week, 68 per cent of voters want the country’s demand for oil and gas to be produced domestically, rather than imported.”

We all want to protect our environment and Scotland, with its vast natural resources and expertise in energy, should be leading the way. Instead, we have squandered an opportunity in favour of a facile show of moral posturing.”

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One nodule contains high grades of four key metals, meaning that four times less ore needs to be processed to obtain the same amount of metal. Nodules also contain no toxic levels of heavy elements, and the entirety of a nodule can be used, making near-zero-solid-waste production possible. Because nodules sit unattached on top of the seafloor, they will not require drilling or blasting for retrieval.

It’s time to move ahead with deep sea mining in both international and US territorial waters. As we did for frontier exploratory oil and gas drilling in Alaska and the Atlantic, I recommend comprehensive oversight including full time onboard inspectors during the initial operations and a carefully designed environmental monitoring program.

This deep sea mining commentary by Mars Lewis was brought to my attention by John Smith. Good read:

🇺🇸🚢 ⛏️ We’re witnessing a wave of glorified pseudoscience and fantasy activism around the ocean floor—this idea that the deep sea is some mystical sanctuary of life and that any attempt to extract resources from it is an unforgivable sin against Gaia. Spare me.

The bottom of the ocean is not the Garden of Eden. It’s a black, silent, high-pressure wasteland—largely lifeless, uninhabitable, and filled with the very minerals we need to break free from Chinese supply chain domination. You want a clean energy future? Then stop whining about the only scalable path to get there.

China has already begun strip-mining the ocean floor without asking for your permission. They don’t care about the blobfish or the bacteria colonies around volcanic vents. They care about winning. And every time we moralize ourselves into inaction, we gift them another geopolitical advantage wrapped in Western guilt.

Let’s cut the delusion. There is no future where America stays on top without securing its own critical minerals. Recycling won’t save us. Wind and solar need metals. Batteries need rare earths. Data centers need semiconductors. And semiconductors need the materials sitting at the bottom of the ocean.

You don’t get to demand green tech, reject land mining, block seabed access, and still pretend you’re “saving the planet.” That’s not leadership. That’s learned helplessness.

So yes, I support Trump’s executive action. Because someone has to make the grown-up decision. Either we lead this resource race with responsibility and strength—or we watch tyrants carve up the planet while we post crying-face emojis and argue about what’s sacred 10,000 feet below sea level.

Let the race for the bottom begin.
🇺🇸🚢 

Deep sea vs. land mining:

From a paper by Daina Paulikas and Dr. Steven Katona, with input from Erika Ilves, Dr. Greg Stone, Anthony O’Sullivan, and a review from Todd Cort and Cary Kroninsky at Yale. While the industry-funding introduces the potential for bias, it nonetheless provides a comprehensive and thorough comparison.

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We will explore more, find more and extract more. Therefore, it is important to ensure that companies have stable access to exploration areas. Never before has a larger area been advertised in a licensing round. It is good for Norway and for Europe,” Energy Minister Terje Aasland said in a statement.

Further exploration and more discoveries are crucial to limiting the decline in production on the continental shelf after 2030. The expansion this year gives companies access to significant new acreage in the Barents Sea and we are thus even better positioned to clarify the resource base in the north,” added Aasland.

Comments:

  • This is a prudent policy decision that underscores Norway’s commitment to sustaining oil and gas production.
  • This should be good news for Equinor, which is 2/3 Norwegian govt owned and has made some ill-advised offshore wind investments.
  • Based on the Energy Minister’s quotes (above), one senses that Equinor’s wind investments, particularly those in the US, may not be fully aligned with Norwegian policy.
  • Is this a bit embarrassing for the UK, which has essentially been sanctioning its own offshore oil and gas industry? Only last week, Aasland met with his UK counterpart Ed Miliband and entered into a “green industrial partnership” (photo below).
from Upstream: NTB/SCANPIX photo

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