New LWV Oregon Study: PESTICIDES and BIOCIDES

Over the past two years, the LWV of Portland OR in cooperation with the state LWV has been working on a new study. This means that once local leagues reach consensus to support this study, it becomes an official platform that the League can use to advocate for various policy positions and actions. This is how the League works: we study an issue, reach consensus and then use that information to support or oppose various public policies and actions. We remain non-partisan; this is an issue, not a party or candidate. LWV Klamath County plans to support this study.

Summary of new study:

The use of pesticides is a balancing act between advantages and disadvantages. Understanding the impacts, both beneficial and adverse, requires a broad overview of prevailing policy and the effects that policy has had. This study reviews the environmental and health costs and benefits of pesticide use, the current state of regulation at the federal, state, and local level, and the practices and precautions presently in place for their use. It reviews potential improvements to regulations and changes to practices that could improve outcomes and protect the environment and human health while maintaining a stable, safe, and reliable supply of foods and other farmed products.

Five key areas of pesticide development, use, and policy were identified for review and potential improvements:

  1. Education, training, and labeling  
  2. Transparency and information gathering 
  3. Funding, research, and evaluation  
  4. Adaptive management and Integrated Pest Management  
  5. Burden of proof and the precautionary principle.

Impacts of and Issues Surrounding Pesticide Use


Because pesticides are essentially chemical poisons or biological agents that make compounds toxic to certain species, their use must be considered in the light of their overall effects…. While pesticides are brought to market after extensive research and testing, we constantly learn new information about environmental ecosystems and human and animal physiology that may cause us to reexamine how, when or if they should be used. As human populations have increased, the need to develop a safe and stable supply of food and non-food crops has also grown. Control of disease carrying insects and animal carriers is increasingly necessary, especially as the global climate changes. These benefits must be balanced with the potential harm their use may cause.

Read the entire study HERE.

You may also view a panel discussion held on this topic HERE.

Further Reading:

https://www.opb.org/article/2020/12/15/oregon-pesticides-chlorpyrifos-christimas-trees-chemicals/

https://www.oregon.gov/oda/programs/pesticides/pages/aboutpesticides.aspx

https://oregonforests.org/herbicides

Jordan Cove Project: Further News

August 19, 2021:

Jordan Cove LNG Forfeits Permits Required for Export Terminal & Pipeline 
Community members celebrate as Pembina misses the deadline to reapply for three permits, adding to the long list of setbacks for the proposed Jordan Cove LNG export terminal and Pacific Connector pipeline.  

Note the critical role Jackson County’s own attorney Tonia Moro played in these wins. And we are once again so grateful to the LWVOR for helping to support her work on these land use permits! And thanks, too, to Tonia’s partners in arms at the Crag Law Center–Courtney Johnson and Anu Sawkar–and to Citizens for Renewables and Oregon Shores for heading up and supporting this fight in the community. There are plenty of other kudos to go around, but we want to be sure to acknowledge the hard, often overlooked work of Dr. Christine Moffitt of the Coos County LWV and other scientists who provided factual proof of the horrendous harm to marine flora and fauna these permits ignored when they were granted.

September 8, 2021, from Inside Climate News:

To Meet Paris Accord Goal, Most of the World’s Fossil Fuel Reserves Must Stay in the Ground

A new study in Nature reports that oil, gas and coal production must begin falling immediately to have even a 50 percent chance of keeping global temperatures from rising more than 1.5 degrees Celsius.

September 12, 2021, from State of Oregon, Department of Environmental Quality Report:

Jordan Cove Energy Project (Coos Bay) The Jordan Cove Energy Project had indicated in recent court filings that they have put their project on pause, due to recent FERC decisions. Jordan Cove has not formally notified DEQ of any intent to withdraw currently pending applications, but has verbally indicated intent to withdraw Air Quality permit applications for the North Spit facility and Malin Compressor Station. Water Quality and Solid Waste permits are scheduled to be renewed whether the energy project goes forward or not, as both the NPDES permit and Solid Waste permit are associated with the site of the former Weyco facility. FERC clarified in a recent letter, excerpted below, that they consider the project to remain active, though paused. “Due to the uncertainty regarding a timeline for the Project and concerns with the Programmatic Agreement, commenters and signatories to the PA have requested that the PA be terminated or significant amendments be made to the PA. Although the project Item K 000011 Informational item: Director’s report Sept. 30-Oct. 1, 2021, EQC meeting Page 12 of 12 proponents have chosen to pause the development of the Project, the Commission’s March 19, 2020 Order granting Authorizations Under Sections 3 and 7 of the Natural Gas Act (Order) remains valid. Therefore, we have concluded that it would be inappropriate to terminate the PA at this time. We have also concluded that amendments to the PA at this time are premature, given the pause in project development. Should the project proponents choose to resume development of the Project, Commission environmental staff, in consultation with the SHPO and ACHP, and other concerned parties including federally-recognized Indian Tribes would reassess the status of the Programmatic Agreement and would at that time consider amendments to the PA to ensure that its aims and goals are successfully met and that any outstanding requirements are appropriately satisfied.”   

Current Issue: Health Care Reform

Introduction: Why the League of Women Voters?

Because the LWV has studied this issue and taken an official position. As a local league, we follow under the umbrella of national positions on various issues of public interest. Health and medicine are fundamental human rights, not partisan talking points.

Health Care Reform: LWV Official Position

Every U.S. resident should have access to affordable, quality health care, including birth control and the privacy to make reproductive choices.  

Why it matters

The U.S. health care system should provide a basic level of quality health care at an affordable cost to all U.S. residents. Basic care includes disease prevention, primary care (including prenatal and reproductive health), acute long-term care, mental health care, as well as health promotion and education. Health care policy goals should include the equitable distribution of services and delivery of care, advancement of medical research and technology, and a reasonable total national expenditure level. 

What we’re doing

Over the past 20 years, we have lobbied for health care policy solutions, including the Affordable Care Act (ACA), to control costs and ensure a basic level of care for all. Throughout the health care debates of the past few decades, Leagues worked to provide millions of Americans across the country with objective information about the health care system and its significant reforms. This included organizing community education projects, holding public forums and debates, creating and distributing resource materials, and engaging leading policy makers and analysts. 

How does universal health coverage work? An International View

Who’s Involved in this?

A number of groups are focusing on reforming health care at the national and state levels. Here are several:

Physicians for a National Health Care Plan** (see below)

Physicians for a National Health Care Plan OREGON

American Association of Family Practitioners

Health Care Reform and LWV Klamath County**

On Wednesday October 6, 2021 from 6:00pm – 8:00pm PT, the League of Women Voters Davis Area will be hosting a virtual Community Forum, “Health Reform & Social Justice: Opportunities for Reducing Inequity and Addressing Health Disparities”. LWV Klamath County will be one of many co-sponsors of this event.

Register at https://lwvdaforum.eventbrite.com

For this event, the League will be hosting an evening with Dr. Susan Rogers, President of Physicians for a National Health Plan (PNHP). Dr. Rogers’s presentation will include an overview of the U.S. health care system through a social justice lens, followed by a discussion highlighting disparities resulting from our current policies and opportunities to improve inequities through health reform. The forum will conclude with an audience Q&A.


Dr. Rogers is a Fellow of the American College of Physicians and currently an Assistant Professor of Medicine at Rush University. She has recently retired from her hospitalist practice in Chicago at Stroger Hospital of Cook County. She has previously served as co-director of medical student teaching at Stroger and as Medical Director of Near North Health Service Corp, a Chicago FQHC. Most recently, Dr. Rogers spoke at the June California League of Women Voters Annual Convention, providing the presentation: “Health Care: Inequities and Opportunities”.


This forum aims to educate voters about our current healthcare model and how it impacts local care access, affordability, quality and equity. Our guest speaker provides insights into how health reform can improve each of these to optimize community health and wellness. The LWVDA supports the National League healthcare positions in support of an affordable, accessible, quality, and equitable health care system, critical for the health, safety and economic security of all communities. Becoming an informed voter is fundamental to ensuring the engagement needed to affect meaningful reform. The future of our community health and healthcare systems will rely upon votes cast by those with a better understanding of current needs and resources and our opportunities to enact needed change.


To help speakers best address your concerns, questions, and issues, we encourage attendees to please submit them in advance to komalh@lwvdavisarea.org before October 4.

We encourage you to sign up for this virtual forum and hope that you will spread the word to other voters you know. Health and Medicine aren’t partisan issues, but fundamental human rights.

Redistricting in Oregon 2021

It’s happening now!

Every 10 years, the US Census requires that states must redraw legislative and congressional electoral districts to account for population changes. Currently, these districts in Oregon are drawn by legislators and are subject to a veto by the Governor. If legislators cannot agree on maps, the job falls to the Secretary of State for legislative districts, and to a panel of five judges for congressional districts.

That’s why we need YOU! District lines determine where money will be allocated for things like schools, hospitals, and infrastructureYou have the power to testify for or against the currently proposed maps or to draw maps to submit for consideration. You can affect where the lines are drawn and what communities are combined into a district.  

We need FAIR and EQUAL redistricting for fair representation for all communities of Oregon. Make your voice heard and read on to learn more. The League of Women Voters of Oregon is extremely concerned about this topic of voting rights in our state. Check their page for lots of information including maps and other links.

Of course the Oregon State Legislature is directly responsible for redistricting. On their page you can find all the relevant information about the process, key deadlines, hearings and documents.

Finally the national League also maintains a policy position on redistricting, as part of their work on voting rights.

Join the Fight 

There are many ways you can get involved in ensuring equity for all communities in this year’s map-drawing process! 

Learn More

Here are some more links to read up on this topic.

Oregon Public Broadcasting

AP News

Project Five Thirty Eight

LWV Oregon New Position on Forests

Delegates to the LWVOR Convention 2021 adopted a position statement on Forests based on the LWV of Washington study entitled Washington’s Dynamic Forests (PART 1) (PART 2) .

LWVOR Position on Forests (2021)

The League of Women Voters of Oregon finds:

1: That all benefits of the forests—ecological,human and economic—are inextricably interconnected. Healthy forests are essential to habitat for a diversity of plant and animal life, to the hydrologic cycle, and to carbon storage to mitigate global warming. In addition, healthy forests are essential to a forest products industry with the jobs and goods they provide, and to the economic and aesthetic values of their recreational opportunities. Therefore, The League of Women Voters of Oregon supports:

2: Laws and policies to insure that forest management (for timber extraction, recreation or any other activity) is carried out in a manner that will sustain healthy forests, streams and habitats. The League of Women Voters of Oregon believes that the following are essential elements of an adequate forest practices policy:

3: The public must be informed and involved in the decision-making process in the development of regulations. There must be adequate public notice of forest practices permit applications, hearings, meetings and proposed actions. Public review and comment at each phase of policy and regulation development should be required. Citizens and stakeholders must be represented on the decision making bodies.

4: There must be authority and funding for enforcement of regulations. Existing land use and forest practices regulations must be monitored and enforced, and should be responsive to changing scientific knowledge. There must be coordination of regulations for public and private lands among governmental entities.

5: Riparian zones are an integral part of the forest ecosystem and must be regulated adequately to protect the streams and the wildlife dependent upon the streams.

6: Education should be made available to timber owners on scientifically sound forest practices with the establishment of a small landowners’ agency for this purpose.

7: Environmental values of the lands proposed for trade must be considered before the economic values. Trained appraisers, with public oversight, must be used. The right of appeal must be available to the public

8: Full accounting of all costs, including cumulative ecological impacts, of timber harvests and other forest uses must be considered in forest activity decisions.

9: Forest management must be responsive to scientific research and knowledge and should include:

· mapping, classification and protection of all streams,

· more and better data—including total watershed analysis,

· evaluation of cumulative effects of various activities in the forest in the consideration of individual forest practice permits, and

· planning for sustainability of forest ecosystems.

10: The State should consider ecological protections the most important factor in deciding which activities to allow on state forest lands.

11: Motorized activities should be restricted and in separate areas from non-motorized activities.

12: Forest roads must be built, maintained and decommissioned to have the least impact on the forest ecosystems. Some areas on state lands should be roadless.

13: Educate consumers about the human and ecological values of our forests as well as the opportunities and benefits of more efficient use of forest products, recycling and the use of alternatives to wood.

14: Fund independent scientific research that would include improved forest practices and ecologically sound alternatives to the use of wood.

15: Tax benefits and compensation should be considered to encourage small landowners to manage their forests in an ecologically sustainable manner.

16: Oregon schools must be fully funded with less reliance on timber harvests.

17: Trust lands should remain in public ownership.

The LWVOR Convention of 2021 adopted these position statements based on the LWVWA studies entitled: Washington’s Dynamic Forests.

Would you like to learn more or support this effort? See the links below.

https://oregonwild.org/forests/forest-protection-and-restoration

https://www.oregon.gov/lcd/FF/Pages/Forestland-Protection.aspx

https://www.sierraclub.org/oregon/protect-our-wild-forests

https://oregonforests.org/habitat-protection

https://www.oregonloggers.org/Forest_Sustainability_Environment.aspx

https://www.wilderness.org/wild-places/oregon/logging-oregons-wild-forests#

https://oregonwildlands.org/

Diversity, Equity and Inclusion (DEI)

LWV policy applies to all leagues

LWV Klamath County, as part of the state and national league organizations, has been introduced to the topic of DEL in a summer workshop, and we plan to include relevant language in our by-laws at an upcoming meeting. Below you will see the LWV national policy, definitions, and a list of further resources.

what can you do?

First you should watch this LWV US training webinar HERE.

Second you can learn about the LWV US policy and relevant definitions.

Then you can read up on this topic from articles and books listed below.

Finally you can JOIN US as we work to incorporate these concepts into our local LWV Klamath County and our work here. Attend an upcoming meeting to speak up on DEI.

LWV Policy

LWV is an organization fully committed to diversity, equity, and inclusion in principle and in practice. Diversity, equity, and inclusion are central to the organization’s current and future success in engaging all individuals, households, communities, and policy makers in creating a more perfect democracy.

There shall be no barriers to full participation in this organization on the basis of gender, gender identity, ethnicity, race, native or indigenous origin, age, generation, sexual orientation, culture, religion, belief system, marital status, parental status, socioeconomic status, language, accent, ability status, mental health, educational level or background, geography, nationality, work style, work experience, job role function, thinking style, personality type, physical appearance, political perspective or affiliation and/or any other characteristic that can be identified as recognizing or illustrating diversity.

Defining DEI

Diversity, equity, and inclusion are mutually reinforcing. Increased inclusion is associated with increased equity; the majority of organizations with higher inclusion and equity also have greater demographic diversity.

DIVERSITY

Diversity includes all of the similarities and differences among people, not limited to: gender, gender identity, ethnicity, race, native or indigenous origin, age, generation, sexual orientation, culture, religion, belief system, marital status, parental status, socioeconomic status, appearance, language, accent, ability status, mental health, education, geography, nationality, work style, work experience, job role function, thinking style, personality type, physical appearance, and political perspective or affiliation.

Diversity refers to population groups that have been historically underrepresented in socially, politically, or economically powerful institutions and organizations. These groups include but are not restricted to populations of color, such as African Americans and Blacks, Latinx, Native Americans and Alaska Natives, Asian Americans and Pacific Islanders. They may also include lesbian, gay, bisexual, and transgender populations, people with disabilities, women, and other groups.

A team can be diverse and so can an organization. A person is not diverse. Diversity is about a collective or a group and can only exist in relationship to others. A candidate is not diverse—they are a unique, individual unit. They may bring diversity to your team, but they in themselves are not diverse. They are a woman; they are a person of color; they are part of the LGBTQ community.

We commit to increase diversity in the recruitment, retention, and retainment at the national, state, and local level, and in the leadership and executive roles.

EQUITY

Equity is an approach based in fairness to ensuring everyone is given equal opportunity; this means that resources may be divided and shared unequally to make sure that each person has a fair chance to succeed. Equity takes into account that people have different access to resources because of system of oppression and privilege. Equity seeks to balance that disparity.

Improving equity involves increasing justice and fairness within the procedures and processes of institutions or systems, as well as in their distribution of resources, including professional growth opportunities. Tackling equity issues requires an understanding of the root causes of outcome disparities within our society.

Equity prioritizes efforts to ensure the most underserved and marginalized among us has as much of an opportunity to succeed as the most well-served and advantaged. By taking into account the various advantages and disadvantages that people face, we work to ensure every person has an equal opportunity to succeed.

We commit to prioritizing equity in the work of the LWV staff, board, and members.

INCLUSION

Inclusion is an ongoing process, not a static state of being.

Inclusion is the dynamic state of operating in which diversity is leveraged to create a healthy, high-performing organization and community.

Inclusion refers to the degree to which diverse individuals are able to participate fully in the decision-making processes within an organization or group.

An inclusive environment ensures equitable access to resources and opportunities for all. It also enables individuals and groups to feel safe, respected, engaged, motivated, and valued for who they are and for their contributions toward organizational and societal goals.

While an inclusive group is by definition diverse, a diverse group is not always inclusive. Being aware of unconscious or implicit bias can help organizations better address issues of inclusivity.

We commit to making deliberate efforts to ensure LWV is a place where differences are welcomed, different perspectives are respectfully heard, and every individual feels a sense of belonging and inclusion. We know that by creating a vibrant climate of inclusiveness, we can more effectively leverage our resources to advance our collective capabilities.

We commit to working actively to challenge and respond to bias, harassment, and discrimination.

Seeing our work through a DEI Lens

A DEI lens is a way of examining a program, a process, a product, etc. with regards to how it is perceived by a variety of communities, voices, and perspectives, and what, if any, barriers may exist that is preventing it from being equitable or inclusive of everyone.

What To Ask When Examining Your Work Through a DEI Lens

  • Who is involved in the process?
    • Are key stakeholders meaningfully included?
    • Is this work that impacts a group or community? If so, is their voice represented?
    • How diverse is the group of decision makers? Is it diverse enough?
  • Who will be impacted?
    • Who benefits from this?
    • Who is burdened by this?
    • Does this help us meet the needs of underserved voters?
    • Have we considered various, specific marginalized groups and how they might be impacted?
  • What are the intended and unintended outcomes?
    • What issue are we trying to solve?
    • What do we hope will happen?
    • What are the potential negative impacts? Who could be hurt by this?
    • What data or evidence supports this?
    • How might this be perceived by others?
  • Does this align with our vision for an equitable and inclusive organization?
    • How is equity addressed?
    • What barriers might this place in the way of achieving equity?
    • How does this impact the League’s culture?
  • What changes could be made to make this more equitable?
    • What are the short term goals?
    • What are the long term goals?
    • What, if any, policies or bylaws need to be added or amended?
    • What are the benefits for members?
    • What are the benefits for partners and/or members of the community?

Learn More

Articles

Books

  • Between the World and Me, Ta-Nehisi Coates
  • Blindspot: Hidden Biases of Good People, Mahzarin Banaji
  • Blink: The Power of Thinking Without Thinking, Malcolm Gladwell
  • Braving the Wilderness, Brené Brown
  • Everyday Bias, Howard Ross
  • The Hate U Give, Angie Thomas
  • The Hillbilly Elegy, JD Vance
  • Predictably Irrational: The Hidden Forces that Shape Our Decisions, Arielly, Daniel
  • Waking Up White, Debby Irving
  • The Warmth of Other Suns, Isabel Wilkerson

Audio

TED Talks

The Danger of a Single Story: TED Talk by Chimamanda Adichie on the theme of how only knowing one story of a culture can enhance our implicit biases and create incomplete pictures of those different from us. 

Other Learning Resources

What is DEI?

The Human Rights Special Interest Group

The LWV of Klamath County links its work with both the Oregon and US Leagues in many areas. Here is a relatively new effort to link national and local league efforts toward the goal of promoting Human Rights. This particular effort originated with the Mid-Hudson (NY) Region LWV. They are motivated to inspire local community efforts to educate, advocate and implement international human rights policies and goals.

Who we are


The Human Rights Special Interest Group (HR-SIG) is a non-profit, research- based, independent entity.  Our mission is to inspire local community efforts to educate, advocate, and implement international human rights policies and goals. (Please see our bios on page 74.)


You may know of our Human Rights Special Interest Group through our recent presentations on “Inspirational Works of Art at the UN”  and our Briefing Book on Human Rights: The Synergy Between UN Human Rights Conventions and Policies of the League of Women Voters.

Ways we Promote United Nations Goals

We are delighted to share our latest publication:
Human Rights Approach to Achieving the UN Sustainable Development Goals
Inspiration for Program Planners and Human Rights Advocates

In a reader-friendly format, this publication reviews the 17 United Nations Sustainable Development Goals (SDGs) that constitute the UN’s 2030 Agenda for Sustainable Development—the UN’s blueprint to achieve a better and more sustainable future for all. Please read the inspirational words on human rights by UN Secretary General Antonio Guterres, on the 75th  anniversary of the United Nations in September 2020 (page 5). 


The 17 SDG reviews are designed to guide readers using the T.I.P.S. approach (Targets, Indicators, Policies, and Suggestions). The TIPS approach was developed by the Human Rights Special Interest Group. For each review, we have added relevant links to priorities presented in the League of Women Voters’ Impact on Issues; we conclude each review with a set of suggestions for how Leagues and community groups can implement the goals at the local level.

LWV Klamath County and Human Rights

What have we been doing here? Last summer the LWV Oregon presented a virtual caucus at the LWV Convention, entitled “Climate Migration, Immigration, and Human Rights”. Watch the video presentation HERE.

HERE are further notes and resources compiled the LWV Oregon.

If you would like to get involved, join us, come to our meetings, offer suggestions, volunteer to help, help us connect with local, regional, and other groups which focus on human rights.

Closing the book on the Jordan Cove pipeline?

LWV Klamath County has been updating our community on the status of the proposed Jordan Cove pipeline for several years now. As one of the four Southern Oregon local leagues which have been fighting this development, we felt it important to keep our members informed about all the ups and downs of this project.

Now it appears we may be at the end of the road. Several developments have occurred in the past couple of months that indicate this project is not going to move forward. Below is a wrap-up of some of the recent activities by a number of stakeholder parties. Unless we receive significant new information about this project, there will be no further updates.


This notice is from Pembina, the Canadian developer of this pipeline:

Pembina Pipeline Corporation has decided to pause the development of Jordan Cove LNG while we reassess the impact of recent regulatory decisions.

While we continue to believe in the strategic rationale of Jordan Cove, in light of current regulatory and political uncertainty, our decision reflects our steadfast commitment to our financial guardrails, our disciplined and prudent approach to capital allocation, and our commitment to comprehensively mitigating risk on this project.

We are thankful for the incredible support from community members across southern Oregon and the Rockies Basin.

For more information, visit the Media Centre on Pembina’s website.

Here is the letter that Pembina recently sent to FERC, the regulatory agency.

Here is a recent article on the continued legal fight over Jordan Cove:

NATURAL GAS: Court denies FERC request to halt Ore. pipeline lawsuit

Niina H. Farah, E&E News reporter Published: Tuesday, June 8, 2021

A federal appeals court is charging ahead with a challenge to a controversial West Coast natural gas export facility — despite calls to freeze the case.

The U.S. Court of Appeals for the District of Columbia Circuit yesterday denied requests from the Federal Energy Regulatory Commission and the developer of the Jordan Cove liquefied natural gas project to stall litigation over a federal approval for a pipeline associated with the Oregon facility.

Pembina Pipeline Corp., the developer, told the court in April that it was temporarily halting the $10 billion project after failing to gain the necessary permits for the Pacific Connector pipeline that would carry natural gas to the facility. The company argued that landowners challenging the project had not been able to show that they would be harmed by a pause in the legal proceedings.

FERC had also asked the D.C. Circuit to put the case on hold, or alternatively to throw out the dispute altogether.

“Landowner Petitioners do not meaningfully engage with the Project Developers’ commitment not to file any condemnation actions during an abeyance, or with this Court’s invitation to renew their request for interim relief if takings become imminent,” Pembina wrote in a May brief.

The focus of the litigation is whether FERC can convey its eminent domain authority to allow Pembina to seize private land to build its project.

A ruling in the case could answer questions about whether FERC can grant a certificate of public convenience and necessity for a pipeline serving a project with a product that is destined for foreign markets, said David Bookbinder, chief counsel at the Niskanen Center and a lawyer for the landowner challengers.

The D.C. Circuit’s decision to move forward with the case came as a surprise, he said.

“What this means is that [the judges] understood and accepted our argument that even if they decide not to build the project, they will have a valid certificate authorizing eminent domain,” Bookbinder said of Pembina.

He noted that the company has already attempted to build the project on three separate occasions. While Pembina had committed not to build during a pause in the litigation, landowners had not received any assurances that the company would not seek to build again in the future.

“There is every reason to believe there will be a fourth attempt,” Bookbinder said.

The D.C. Circuit’s order yesterday comes as the fate of the project itself has become more tenuous.

Earlier this year, FERC denied the company’s bid to override Oregon’s refusal to certify the facility under Clean Water Act Section 401, which allows states to determine whether federally approved projects comply with state water quality standards.

The Commerce Department has also determined the project is “inconsistent” with the Coastal Zone Management Act (Greenwire, April 23).

Pembina did not immediately respond to a request for comment.

The lawsuit is before D.C. Circuit Judges Patricia Millett and Robert Wilkins. Both are Obama appointees.


Some Background Reading on FERC’s review and approval processes:

ENERGY POLICY: ‘Self-dealing’ loophole could upend FERC pipeline reviews

Miranda Willson, E&E News reporter Published: Friday, May 28, 2021

A worker steps out of a car to inspect a natural gas pipeline under construction near Cadiz, Ohio, in this 2012 file photo. Chris Fitzgerald / Candidate Photos/Newscom

As the Federal Energy Regulatory Commission weighs changes to its natural gas pipeline reviews, it’s grappling with a key question: How should it determine whether a project is needed?

For years, the agency has signed off on proposals if developers could prove they had customers ready to reserve capacity on their pipeline. But critics say these so-called precedent agreements have a glaring loophole: Different units of the same company can act as both seller and buyer — winning a green light from FERC in the process.

The commission’s reliance on precedent agreements is one of many topics included in FERC’s ongoing review of how it considers and approves new natural gas pipelines.

The outcome could shape the future direction of the independent agency, which regulates power markets and large-scale energy projects. Analysts say FERC’s approach to large-scale natural gas projects could make or break many of the Biden administration’s clean energy goals.

“For as much attention as the commission’s climate reviews have gotten, FERC’s dependence on precedent agreements is the single most problematic part of its reviews today,” said Gillian Giannetti, an attorney with the Natural Resources Defense Council’s Sustainable FERC Project.

The agency has also sought comments about landowner interests, environmental impacts, effects on environmental justice communities and the transparency of its pipeline approval process. Comments for the proceeding closed this week.

“This decision is probably not going to happen overnight,” said Suzanne Mattei, an energy policy analyst at the Institute for Energy Economics and Financial Analysis, which advocates for sustainable energy. “It’s a lot to grapple with, but it’s all very, very important for the energy future of the country.”

When a developer applies with FERC to build a new natural gas pipeline, it typically includes one or more precedent agreements with prospective companies seeking to reserve capacity on the pipeline. While FERC’s current policy is to consider “all relevant factors” to determine the need for a given project, it has in practice relied on the existence of these agreements as proof of necessity, even when the parties that signed a contract are affiliates of the same parent company, according to longtime agency observers.

Between October 2008 and February 2020, FERC issued 480 certificates — allowing pipeline companies to begin construction for a project — and denied three, according to commission records. All recent projects that have been approved included precedent agreements in their applications, while the handful of projects that have been denied certificates lacked them, said Maya van Rossum, leader of the Delaware Riverkeeper, who has followed FERC pipeline issues for more than 15 years.

“In almost every instance, this is the kind of need demonstration we see in one form or another,” said van Rossum.

Natural gas companies and trade groups say the agreements are a good proxy for determining whether a project is in the public interest, since they help ensure that projects are financially viable and are supported by market demand. Precedent agreements among affiliates are just as valuable indicators and are often already subject to additional scrutiny by state regulators, the Interstate Natural Gas Association of America wrote in comments to FERC.

“There is no basis for the Commission to depart from this precedent,” INGAA wrote.

Yet Democratic Chairman Richard Glick has said FERC should review its reliance on the agreements as proof of need, especially in cases where the contracts are between units of the same company. FERC’s Certificate Policy Statement — the guiding document for how the commission should consider project need — was issued in 1999 and hasn’t been amended since.

“FERC has been completely relying on the existence of precedent agreements between shippers and pipeline developers to determine whether there’s a need,” Glick said in a recent interview (Energywire, May 24). “In some cases, that might make sense, but it doesn’t make sense when the precedent agreements are between affiliates.”

Deals ‘not entered into lightly’

Advocates for changing FERC’s handling of pipeline reviews say the agency should account for shifting climate and energy trends. The Biden administration has proposed cutting greenhouse gas emissions in half by 2030 relative to 2005 levels, and dozens of states have set their own clean energy or emissions reduction goals.

When FERC approves a project, it issues a certificate of public convenience and necessity. That generally allows the pipeline developer to begin construction, including the possibility of forcibly taking people’s property through eminent domain.

Because pipeline construction can result in irreparable damage to property and the environment, FERC must be thorough in its assessment of whether a project is truly in the public interest, a coalition of environmental and community groups wrote in comments to FERC this week. In addition, given the threat of climate change and long-term outlooks for natural gas use, relying exclusively on precedent agreements doesn’t cut it anymore, said the groups, including the Sierra Club and NRDC.

“[The] gas industry itself is recognizing the long-term instability of its projects, as shippers are demanding shorter and more flexible terms in precedent agreements,” the groups wrote. “This makes precedent agreements an even less reliable indicator of future demand than before.”

But Casey Hollers, director of regulatory affairs at the Natural Gas Supply Association, argued in comments to FERC that the agreements are “not entered into lightly,” given that they establish a binding commitment for a shipper to use gas from a project. Other supporters of the current practice wrote that the commission lacks the authority or the expertise to make its own determination of project need and should not attempt to second-guess developers on the issue.

“[The current] approach provides the most objective and straight-forward evidence for determining whether a project is in the public interest,” Hollers wrote.

Others have called for FERC to change its practices only in cases where the precedent agreements are among affiliate companies. In those situations, the commission should “employ a rebuttable presumption” that the contracts do not demonstrate need while requiring independent evidence to overcome that presumption, the Democratic attorneys general of Massachusetts, Connecticut, Maryland, Minnesota, New Jersey, New York, Rhode Island and the District of Columbia wrote in joint comments to the commission.

EPA made a similar recommendation.

“To prevent self-dealing and ensure accurate needs assessment, it is important for the Commission to thoroughly examine the relationship between the parties entering into a precedent agreement and carefully scrutinize purposed need where the pipeline developer is affiliated with a local distribution company or other entity reserving capacity on the line,” EPA wrote in its comments.

Some commenters cited projects that were approved on the basis of precedent agreements between affiliates that are now canceled or facing setbacks. For example, the commission in 2020 approved the Pacific Connector pipeline, which had a precedent agreement with the Jordan Cove liquefied natural gas project. Both projects were developed by the same corporate parent, Pembina, and are now at risk of cancellation (Greenwire, April 23).

FERC initially rejected the Jordan Cove and Pacific Connector projects in 2016 because “Pacific Connector, by failing to provide precedent agreements or sufficient other evidence of need, failed to demonstrate market support for its proposal,” the agency recounted in a filing approving the project last year. But the second time around, Pacific Connector provided the commission with a precedent agreement with Jordan Cove, covering 96% of the project’s capacity, which FERC viewed as “sufficient evidence of market demand for the project,” according to the 2020 order.

The existence of that agreement with an affiliate company was the “sole reason” the commission approved what was essentially the same project, then-Commissioner Glick wrote in his dissent of the approval. Pembina could not immediately be reached for comment.

Broader review ‘looks likely’

Despite Glick’s skepticism of precedent agreements between affiliates, FERC’s other four commissioners — three Republicans and one other Democrat — declined to comment on the issue. While Glick as chairman has broad discretion over the commission’s agenda, he would need a majority to issue a new Certificate Policy Statement or modify FERC’s existing one.

Some commissioners have spoken about the issue before. Precedent agreements are a reliable indicator of the need for a project, then-Chairman Neil Chatterjee said in 2017.

“The commission has historically prioritized precedent agreements in its analysis because those are clear, unequivocal statements of economic need by the market itself,” Chatterjee, a Republican, said at a 2017 forum hosted by the Energy Bar Association. “The companies who are willing to enter into contracts to pay for transportation on the service on a pipeline have a much clearer understanding of the market need for the gas than we could develop through studies here in D.C.”

The commission has previously declined to change its stance on the topic. After receiving thousands of comments in 2018 as part of a similar review of its Certificate Policy Statement, FERC made no changes to its reliance on precedent agreements or other aspects of its pipeline review process.

Christi Tezak, managing director of research at energy research firm ClearView Energy Partners LLC, said the firm expects FERC “to expand its ‘determination of need'” to consider criteria other than just precedent agreements as part of its latest review.

“[We] have not attempted to discern individual commissioner views on the 12 individual questions related to determination of need,” Tezak said in an email. “But more than just precedent agreements (with affiliates or otherwise) looks likely to us.”

Given that it is “incredibly common” for pipeline proposals to include precedent agreements between affiliated companies, it would be a significant change if the commission were to rely on other factors to determine project need, said Megan Gibson, a senior staff attorney at the libertarian-leaning Niskanen Center.

“It would hopefully incentivize these pipelines to come to agreements with third parties, and with multiple parties, and it hopefully would help ensure that these pipelines are actually built for markets that need gas — not just for profit or export,” she said.

A Hopeful Resolution on the Jordan Cove Pipeline

Four local LWV leagues, including Rogue Valley, Klamath, And Coos, have been working for several years to defeat this project which the LWV viewed as detrimental to the environment and lives of the people who live in the areas that would have been impacted by the pipeline construction.

Our position on this project reflects the LWV US position on the Environment, as represented by this action in 2020:

The League submitted a comment letter urging the Council on Environmental Quality (CEQ) to withdraw proposed changes to the National Environmental Policy Act (NEPA) implementing regulations that would remove public participation in and science-based review of large federal projects.

The League also joined a coalition letter started by the Water Protection Network and signed by over 300 organizations.

Jordan Cove Energy Project LWV Update Summary from rogue valley leaders

As 2021 begins, local, state, national, and global happenings remain relevant to the project’s future. The oil and gas industry is struggling due to market forces stemming from the COVID-19 pandemic, and another year of tragic and costly wildfires and weather events have increased public and political pressure to step up the pace to transition away from fossil fuels to renewable energy. The impact of the election of Joe Biden and Kamala Harris is unclear for numerous reasons, but their strong commitment to addressing climate change including by reversing Trump era policies on a range of climate and environment-related matters, both here and internationally, puts projects like JCEP on a very different footing than they have enjoyed for the past four years. Investors are taking note. In their 2021 Guidance and Business UpdatePembina announced a write-down of the Ruby Pipeline, a major asset related to JCEP, and made it clear that their only expenditures on the project will relate to obtaining permits, a task that drags on largely due to state denials, local permit appeals, and incomplete federal regulatory processes.

Here’s an update on key permitting highlights:

  1. The U.S. Secretary of Commerce has directed the National Oceanic and Atmospheric Administration (NOAA) to evaluate JCEP’s request for an override of Oregon’s objections to the corporation’s Coastal Zone Management Act (CZMA) consistency certificate. The outcome of the override request of this critical state permit would have multiple impacts. The Secretary’s decision is due by January 26 (with an option for an extension into February), so could happen at any time.
  2. The Federal Energy Regulatory Commission’s (FERC) ruling on whether Oregon waived their authority over JCEP’s 401 Water Quality certification is still pending with a decision expected soon. Oregon’s Department of Environmental Quality (DEQ) denied (without prejudice) the permit application in May of 2019. If the State prevails, Pembina will need to reapply, but under new EPA rules that weaken the role of states and tribal groups. (LWVOR commented in strong opposition to the rules when proposed.) As of January 4, the two vacancies on the FERC have been filled with a bipartisan pair, Mark Christie and Allison Clements, as is customary. Commissioner Glick is expected to become Chair.
  3. Attorneys on both sides of the appeal of FERC’s Order approving JCEP in the DC Circuit Court of Appeals are now preparing briefs with a deadline after mid-January.
  4. Crag Law Center and Talent Attorney Tonia Moro continue to pursue appeals of several local land use decisions before the Land Use Board of Appeals (LUBA). They won one recently and are arguing another to overturn a permit allowing Coos Bay dredging at this writing.
  5. In addition to these major events, see the list of water permits JCEP has yet to even apply for. The federal FAST-41 Dashboard tracks federal permit requirements, but fails to reflect several permits marked “complete,” that have been reopened due to FERC actions in the Final Order.
  • Supportive quotes from landowners are available here.
  • A one-page summary of the Landowners Fairness Act is available here.
  • HERE is a final report from the NOAA which explains the denial of approvals necessary to go forward with this project (technical).
  • HERE is a copy of a lengthy final summary report on this project from last year.
  • LWV Klamath County also recently signed on to THIS letter of thanks to Gov. Brown for her efforts to head off approval of this project.

news release from our US Senators:

For Immediate Release: March 9, 2021

Contact: Nicole L’EsperanceHank Stern (Wyden) 503-326-7539

Sara Hottman (Merkley) 503-326-3386

Wyden, Merkley Reintroduce Legislation to Defend Property Owners’ Rights from Eminent Domain Claims for Natural Gas Pipelines

Bills would provide needed protections for landowners in Oregon and nationwide facing increased and unfair use of eminent domain for pipeline development

Washington, D.C. – Oregon’s U.S. Senators Ron Wyden and Jeff Merkley today reintroduced their legislation that would strengthen the rights of landowners facing eminent domain claims from private companies exploiting public interest provisions to confiscate property in Oregon and nationwide for natural gas pipeline development.

The bills, which Wyden and Merkley first introduced last fall, come in response to the natural gas industry’s increased use of eminent domain for pipeline development and the failure of the Federal Energy Regulatory Commission (FERC) to protect landowners’ rights. The property owners in southern Oregon along the potential pipeline path for the proposed Jordan Cove project provide a clear example of that alarming trend.

“Making sure that landowners’ rights are maintained and that due process is the default process is just commonsense. Yet, in Oregon and elsewhere, long-running natural gas projects have kept property owners on edge, not knowing whether their property might be condemned or whether selling out to big industry was the only option,” Wyden saidFERC has proven to be a weak guardian of landowners’ rights. These bills change that and bring much-needed transparency and standardized due process.”

“Allowing private pipeline companies to steamroll people’s private property rights to build export pipelines that won’t benefit Americans is wrong, plain and simple,” Merkley said. “If a massive corporation wants to use land—in Southern Oregon, the Columbia River Gorge, or anywhere in America—they should have to negotiate with landowners for that right. Let’s put an end to the days where powerful and privileged fossil fuel executives act like Americans’ private property is up for grabs as they try to line their own pockets at the expense of our communities.”

Wyden’s Landowner Fairness Act would end the legal presumption that gas exports are by definition in the public interest, standardize gas developers’ communications to landowners while also setting time limits on FERC actions, set stricter standards on eminent domain claims, provide a more robust appeals process for landowners, and more. In addition to Wyden and Merkley, the bill is also cosponsored by U.S. Sens. Cory Booker, D-N.J.

Merkley’s Ending Natural Gas Companies’ Seizure of Land for Export Profits Act would prohibit companies building export pipelines from using eminent domain claims of private lands. In addition, the legislation would affirm that the federal government does not have the authority to allow companies to use eminent domain to seize state land for natural gas pipelines.

What’s up with the LNG Pipeline?

As one of the four local Leagues in LWV Oregon who has directly worked on the issue of the Pembina Pipeline Project for several years, we are vitally concerned with the progress of this effort, and our interest in supporting LWV environmental positions that would oppose such construction.

Here is some recent news:

Land Use Board of Appeals issues yet another setback for Jordan Cove LNG

LUBA overturns fourth LNG permit for Jordan Cove LNG in 6 months

[NORTH BEND, OREGON] —On January 6, 2021, the Oregon Land Use Board of Appeals (LUBA) overturned yet another local land use permit for the Jordan Cove LNG export terminal and Pacific Connector pipeline. This is the fourth Jordan Cove LNG permit overturned by LUBA in the last six months while the company has also continued to fail to qualify for State and Federal permits. LUBA’s decision can be read here.

This City of North Bend permit was for the proposed pipeline construction under the Coos Bay estuary.  LUBA ruled that the City erred in its classification of the proposed Horizontal Directional Drill, which would include both drilling and dredging under the Coos Bay estuary. 

The permit was challenged by the Coos County community organization, Citizens for Renewables, on the grounds of protecting the estuary from the fracked gas pipeline. 

“This decision will require the City of North Bend to consider the damage this pipeline will do to our resource-rich estuary instead of ignoring the impacts as Jordan Cove LNG’s attorneys have argued,” said Katy Eymann, a Coos County resident and President of Citizens for Renewables. “LUBA is part of the long line of agency decisions rejecting this project demonstrating that this project is not good for Oregon.”

 “I am so glad that the hard work of local community member, like Jody McCaffree, who have studied and argued highly technical issues regarding the complex Coos Bay Estuary Management Plan has won the day,” said Tonia Moro, the attorney who represented both  Citizens for Renewables and Mrs. McCaffree on this appeal. “For years, community members in Coos County have been advocates to protect estuary resources by submitting comments to showcase that this project is not a good fit for the coastal community. This LUBA decision is another significant blow to this project.”

HERE is another recent article from E & E News regarding these efforts at a national level, with specific mention of Coos County, Oregon.

HERE is an older background document which may also be informative.