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Posts Tagged ‘Seinfeld’

The January 2022 post about a 5 year leasing plan with no lease sales would have been reality were it not for the congressional mandate in Section 50265(b)(2) of the IRA. That provision requires BOEM to offer at least 60 million OCS acres for oil and gas leasing within the 12 months prior to issuing an offshore wind lease. While I initially thought that requirement was petty, it is now apparent that without it we would have had a leasing plan with no lease sales.

The current leasing policy as articulated in both the draft and final proposed program is to phase out oil and gas production:

The long-term nature of OCS oil and gas development, such that production on a lease may not begin for a decade or more after lease issuance and can continue for decades, makes consideration of
net-zero pathways relevant to the Secretary’s determinations on how the National OCS Program best meets the Nation’s energy needs.

p. 6, Five Year Leasing Plan

Basing leasing decisions on highly uncertain “net-zero pathways” would seem to be a considerable stretch of the Secretary’s authority under the OCS Lands Act. A strategic shutdown of the offshore oil and gas program, which would dramatically increase energy supply and security risks going forward, should be authorized by Congress. Even the threat of such a shutdown could have major economic implications.

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Contrary to the opinion of some, opponents of offshore oil and gas leasing are not rigid zealots who are unwilling to compromise. More than 80 such organizations have graciously voiced support for a novel five year leasing plan:

In accordance with OCSLA, we urge you to create a new five-year lease plan that includes no new offshore lease sales for the next five years.

Letter to President Biden and Secretary Haaland

That’s right – a leasing plan with no leasing, a program that is about nothing.

Seinfeld on Twitter: ""The show is about nothing!" #Seinfeld  #GeorgeCostanza http://t.co/6eQoZeJLxG" / Twitter

Unfortunately for the proponents, this creative proposal would seem to have some significant legal obstacles, most notably its inconsistency with the statute and the legislative history. The idea was to have an organized approach to leasing, not to eliminate it. Per OCSLA:

The leasing program shall consist of a schedule of proposed lease sales indicating, as precisely as possible, the size, timing, and location of leasing activity which he determines will best meet national energy needs for the five-year period following its approval or reapproval. 

OCS Lands Act

How does zero leasing help meet national energy needs? Security? Price stability? Supply chain? Are these groups funded by OPEC+ members and nations that hate us the most? If not, they should be, because they are certainly doing their bidding.

As Daniel Yergin’s excellent Atlantic piece explained, the energy transition will take time and be enormously complex. He quoted French economist Jean Pisani-Ferry who warned that “going into overdrive on transitioning away from fossil fuels would lead to major economic shocks similar to the oil crises that rocked the global economy in the 1970s.”

Empty five year leasing programs are not an option for a diverse nation of 330+ million people that will continue to need oil and gas well into the future. We should and are adding new energy alternatives to the mix, and many of us were involved in developing the framework for these alternatives, but eliminating important sources of oil and gas at this time would be sheer folly.

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