Landowners, impacted community members and advocate organizations were outraged to see the U.S. House Committee on Energy & Commerce vote to advance a budget reconciliation bill today that includes brand new federal authority over permitting of oil, CO2, hydrogen and hazardous liquids pipelines.
The proposed law describes a new “fast-track,” “pay-to-play” permitting scheme that would allow operators to pay a fee of $10 million for expedited federal permits issued within a year’s time that would overrule any existing or future state, county or municipal restrictions.
Nearly 70 organizations signed onto a letter sent to Energy & Commerce Committee members ahead of the vote, opposing the fast-track permitting of pipelines that carry oil, CO2 and hydrogen that is included in the reconciliation bill text. “These measures would radically expand federal jurisdiction over all types of interstate pipelines, drastically limit public input, shorten environmental review timelines, and shield projects from legal challenges, all while clearing the way for expanded use of federal eminent domain against landowners,” the letter reads, concluding, “We urge you to reject these provisions in the bill. Permitting decisions must not be reduced to a transactional process that trades public safety and welfare for developer convenience. Congress must put the safety and welfare of landowners and communities above the tax credit driven profits of big corporate interests. New infrastructure should not be forced down the throats of landowners via eminent domain, and all landowners and communities deserve robust health, safety, and economic protections.
“When South Dakota was first faced with carbon dioxide pipelines, our congressmen said it was up to the state to deal with it. Now that we have barred eminent domain for these private projects – their billionaire owners are trying to cut the state out of the process altogether. We are calling on our Senators and Representative to stand with the State of South Dakota and oppose this clear attempt to buy permits and bypass the people,” said Chase Jensen, Senior Organizer with Dakota Rural Action.
“Exxon wants these high pressure CO2 pipelines 50 feet from residents and businesses, which is extremely unsafe. If this legislation is passed, residents will not have time to leave CO2 pipeline ruptures before being suffocated. We must learn from the Mississippi residents hospitalized in the Satartia rupture. The Gulf Coast has learned the hard way, how far we have to be from CO2 pipelines. We must not hospitalize Gulf residents again.” Scott Eustis, Community Science Director, Healthy Gulf.
“Landowners in South Dakota, Iowa and across the country who have fought for years to enact property rights protections in the form of eminent domain restrictions and ordinances on pipelines are shocked and outraged at this attempt by Congress to blow up all of their efforts with this federal eminent domain land grab in the reconciliation bill,” said Mark Hefflinger, Communications Director for Bold Alliance. “We will all be urging our Senators to kill this attempt to federalize the eminent domain seizure of private property for corporate gain.”
“This backroom deal hands pipeline companies a fast-track to seize private land, override local protections, and cash in on CCS boondoggles propped up by 45Q and other corporate cash grabs. It’s a blatant assault on communities and a massive handout to polluters. Congressional leadership must strip this dangerous language from the bill and stop trading public safety for industry profits,” said Jim Walsh, Policy Director for Food & Water Watch.
