Biden Finally Says No to Big Oil, Something Fishy

And Keepin' it Agile

Hi Friends,

I’m working on a couple of deeper pieces but in the meantime wanted to share some developments taking place that are worth keeping on eye on.

Historic though Insufficient:

Last week, in a surprising move, the Biden administration put a freeze on new export permits for natural gas. This puts on hold at least ten mega-facilities for the export of Liquified Natural Gas (LNG). These LNG facilities are called “carbon bombs” by some due to the massive amount of greenhouse gasses they add to the atmosphere.

I call this move surprising because Biden has a track record of approving fossil fuel projects at a rapid, and I would argue insane, pace. This includes the contested Willow oil drilling project in Alaska and numerous other LNG “carbon bomb” facilities along the Gulf Coast. Environmentalists and climate change experts have criticized the President for the hypocrisy apparent in claiming a commitment to climate action while ramping up fossil fuel production.

The U.S. is already the world’s largest natural gas exporter and exports are expected to soar in coming years due to projects already approved and underway. However, this freeze on new LNG permits is an historic development because it is the first major environmental win that involves more than just a single project.

I suspect this decision also reflects the increasing power of the environment and climate movements. Biden is up for reelection and, given his low approval rating, is going to need every engaged block of voters he can get.

SCOTUS and a Red Herring:

Though it’s getting very little mainstream coverage there is a case underway in the U.S. Supreme Court that could have profound implications for environmental protections and public safety. First, a little background. In 1984, in a case known as Chevron USA, Inc. v. Natural Resources Defense Council, the Supreme Court made a landmark decision that in essence granted regulatory power to agencies rather than just courts. The Chevron Doctrine holds that a government agency must conform to any clear legislative statements when interpreting and applying a law, but courts will give the agency deference in ambiguous situations as long as its interpretation is reasonable.

The Chevron Doctrine protects the essential role of federal agencies in writing the rules and standards required to administer laws passed by Congress to protect public health, worker safety, the integrity of financial markets, the quality of our air, food, water, and medicine, etc. It allows federal agencies, which have developed expertise on the topics they oversee, to serve on the public’s behalf, without having their reasonable policy choices second-guessed by unelected judges, who are not experts on the issues being addressed. 

Chevron has been a burr under the saddle pad of far right, anti-regulation capitalists and corporations ever since its’ inception. Now the doctrine is facing serious threat.

Several herring boat owners have asked the Court to do away with the Chevron doctrine. If this were to happen it could allow hundreds of lower court judges to make decisions based on personal preferences, disregarding the expertise of the federal agencies that are accountable to the public and undermining safeguards on public and environmental protections.

Given that so far humanity has not figured out how to engage in industrial activity without damaging the environment that sustains life, I do not support further undermining regulations or environmental and health protections. However, there is a wrinkle to this story that I think may merit making some adjustments to how certain regulations are implemented.

What the fishers claim to want reversed is a 2020 rule from the National Marine Fisheries Service (NMFS) that forces vessel operators to pay the costs for required daily at-sea observers. Fishermen say Congress should pay those costs.

The National Observer program stems from the Magnuson-Stevens Act and the Marine Mammal Protection Act which require the government to collect data on activities affecting marine resources. The program also meets some requirements of the Endangered Species Act. Observers have been an attempt to collect sufficient data to effectively manage fish stocks and determine fisheries’ impacts on protected species. They typically only work on the larger fishing vessels.

I don’t know enough about the details of this to know how fair or unfair it is to require the fishing vessel owners to pay the observers daily costs. Perhaps that’s a piece that should be handled differently, but here’s the right-wing red herring. According to Alaska Public Media, in the SCOTUS hearing on this case, fish were barely mentioned. Meanwhile, conservatives and anti-regulation advocates submitted “friend of the court” briefs arguing to end Chevron deference. These groups include the Goldwater Institute, Gun Owners of America, the vaping industry, and 18 states, including Alaska. Those in favor of supporting regulation included the American Cancer Society and the Environmental Defense Fund.

Add to all that the multiple and blatant ethics breaches by several conservative Supreme Court judges, and well, the whole thing smells a little fishy to me.

For those of you with a legalese mind here is a much more detailed description of this case.

US Grabbing Sea Floor — Hmmm?:

And lastly, the U.S. recently, quietly, expanded claims to ocean seabeds. While I would love to think this was in preparation to launch massive environmental protection efforts, it’s far more likely, given our current religion of consumerism, that this is positioning for mining of various metals as the on-land stocks of those resources become increasingly scarce.

The seabed is becoming a hotbed of interest from both extractors and conservationists. This is an area to watch.

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Life with Livvy – Keepin’ it Agile

Most of the agility trials Olive and I compete in are held at fairgrounds in dirt horse arenas and there aren’t very many spectators. The Rose City Classic in Portland Oregon is different. It’s held at the Expo Center and is part of a huge AKC dog show that includes all the breeds being judged for conformation, obedience trials, scent work competition, etc. On the weekend days this trial gets a lot of spectators.

It's a blast to feel the energy of the crowd and have folks cheer and sometimes laugh at our runs.

For some dogs it is quite an adjustment to do things like the weave poles or the elevated dog walk with the crowd so close by. I have so much respect for Olive and how she adapts and rolls with all this.

Here’s a vid of our second place earning Time to Beat event.

And here’s a vid of our Standard run in which I took the last jump sequence a bit for granted and didn’t cue Livvy to come in more tightly so she took the more obvious jump and we blew a qualifying score (dag nab it!).

This setting was super good prep for our upcoming National Agility Championships maiden voyage, which I am getting super excited about -- so very fun!