The Halliburton fracking Loophole and LNG exports

So FE proposes to follow the law, NEPA, specifically. How about we also repeal the Halliburton Loophole in the Energy Policy Act of 2005 (EPA2005) that enables fracking and LNG exports?

The Office of Fossil Energy (FE)’s parent U.S. Department of Energy (DoE)’s writeup on EPA2005 doesn’t mention its fracking effects or liquid natural gas (LNG) storage or export. FERC’s writeup spells out that EPA2005 not just enabled but required LNG export:

Mandatory within 60 days after date of enactment

Within 60 days after enactment, FERC shall promulgate regulations on the National Environmental Policy Act (NEPA) pre-filing process for liquefied natural gas (LNG) projects. (sec. 311)
Docket No. RM05-31-000 Order No. 665
Status: Completed
Actions Taken
View all documents issued and received by FERC [eLibrary]

Mandatory within one year of enactment

Not later than one year, DOE will conduct not less than three LNG forums in cooperation and consultation with other agencies including FERC. (sec. 317)

Status: Completed LNG Forums External Links

Mandatory actions with no deadline

FERC must complete an MOU with the Secretary of Defense to ensure coordination of LNG facilities that may affect an active military installation. (sec. 311)

Status: Completed
Actions Taken MOU PDF

In that MOU with DoD FERC was clear about the connection of pipeline with LNG terminals:

II. Roles of the Agencies

FERC. The FERC is responsible for authorizing the siting, expansion, construction, and operation of onshore LNG facilities and near shore LNG terminals in state waters under Section 3 ofthe Natural Gas Act (NGA) (15 U.S.C. ยง 717 et seq.). The FERC also authorizes the construction and operation of interstate natural gas pipelines that may be associated with the LNG terminals under section 7 of the NGA.

We don’t need a hundred-foot-wide gouge through Alabama, Georgia, and Florida to LNG export terminals. How about we repeal those loopholes from the Energy Policy Act of 2005, and follow the Clean Water Cat (CWA) of 1972, the Safe Drinking Water Act (SDWA) of 1974, and the Resource Conservation and Recovery Act (RCRA) of 1976, so the methane fracking industry will have to stop injecting diesel fuel and nobody knows what else into the ground, can be held accountable for all the wells in an area, not just each one individually, and will have to deal with the hazardous effects of generation, transportation, treatment, storage, and disposal. Then the whole junky-vein fracking well to LNG export profiteering scheme would be exposed in its destruction of public drinking water, local private lands, and all our economic resources for the profit of a few companies. It’s time to get on with solar and wind power that burn no fuel and suck no water, for jobs, profit for all, and real energy independence.


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