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Democrats block Keystone XL bill in Senate

As expected, Senate Democrats prevented a bill authorizing construction of TransCanada’s Keystone XL pipeline from advancing in the Senate.

The fate of the pipeline still remains with the State Department, because the pipeline would cross from Canada through the United States.

President Obama already has made his feelings known, saying through a spokesman that he would veto any bill that emerged from Congress.

According to media reports, Senate Majority Leader Mitch McConnell moved to end debate on the bill, a version of which had already cleared the Republican-controlled House. But Republicans could only muster 53 votes for cloture, or an end to the debate, on two separate roll calls. Under parliamentary rules, 60 votes are needed for cloture.

The New York Times reported: “The move ensures that senators will continue to debate the bill — most likely for another week — before Republicans again try to bring the measure up for a final vote.”

The GOP had no doubt hoped for more Democrats. As Politico reported:

The legislation … on Monday lost a vote from one of its longtime backers, Sen. Jon Tester (D-Mont.) — now a member of party leadership as chief of the Democratic Senatorial Campaign Committee — but picked up a vote from Sen. Michael Bennet (D-Colo.), the former DSCC chairman who has not formally signed onto the pipeline bill.

Two other Democrats who have backed stripping Obama’s power to decide on a Keystone permit, Sens. Claire McCaskill and Mark Warner, missed the Monday vote.

“I’d like to see us decide Keystone and move on,” Sen. Heidi Heitkamp, one of the pro-Keystone Democrats who voted with the GOP to cut off debate, told reporters.

Keystone’s backers initially expected the pipeline votes would end this week. But Democratic anger over the majority leader’s move to close off the debate on their amendments last week has made the pipeline bill a power struggle, with Democrats pushing McConnell to continue the freewheeling energy debate on the floor that has delved into topics ranging from climate change to eminent domain.

 

Oil dips again amid signs that export ban might be relaxed

American crude and the international benchmark, Brent crude, met at the same price point Tuesday: about $46. West Texas Intermediate crude, the U.S. benchmark, briefly traded below Brent, the first time that’s happened in a year and a half.

Brent closed down 84 cents, to $46.59 a barrel. U.S. crude closed down 18 cents to $45.19. Read more in the Reuters story.

On average, Brent traded at $6.64 higher than WTI last year.

Bloomberg offers a reason why U.S. crude might be on the upswing: The news agency reports that the United States might be edging closer to relaxing the ban on oil exports.

The 40-year-old ban on most U.S. crude exports is set to be loosened after Petroleos Mexicanos, Mexico’s state-owned oil company, asked to import 100,000 barrels a day of light crude. Senator Ted Cruz, a Texas Republican, plans to propose an amendment to a bill approving the Keystone XL pipeline that would lift the export restrictions.

“WTI is relatively strong because it looks like exports will be rising,” Michael Lynch, president of Strategic Energy & Economic Research in Winchester, Massachusetts, said by phone. “The Mexican request could be the first of many.”

Cruz must know something the rest of Washington doesn’t yet know, since President Obama already has promised to veto the Keystone XL bill if Congress passes it.

Obama, Congress draw battle lines on Keystone XL

On the same day two Republican senators introduced a bill authorizing construction of the Keystone XL oil-pipeline extension, the White House said President Obama would veto such a bill if it reached his desk.

“If this bill passes this Congress, the president wouldn’t sign it,” White House press secretary Josh Earnest said Tuesday.

Republicans took over control of the Senate as the 114th Congress was sworn in Tuesday. The GOP, and some Democrats, have supported the pipeline project for much of the past six years that it’s been in limbo, and the party wasted no time in sponsoring a bill to pressure the Obama administration to approve it: Sens. Joe Manchin, Democrat of West Virginia, and John Hoeven, Republican of North Dakota, introduced the Senate bill, and a committee hearing is scheduled for Wednesday.

The House is expected to begin deliberations on its own Keystone bill on Friday.

The last time the House passed an authorization, in November, it was blocked from proceeding by Senate Democrats. But with fewer numbers, the measure has a greater chance of passing this time.

However, the Senate needs 67 votes — two-thirds — to override a presidential veto. As BusinessWeek reported, Hoeven says he has 63 votes in favor of approval, four shy of a veto-proof majority.

Reaction to the White House announcement ran the gamut. House Speaker John Boehner, Republican of Ohio, said in a statement:

On a bipartisan basis, the American people overwhelmingly support building the Keystone XL pipeline. After years of manufacturing every possible excuse, today President Obama was finally straight with them about where he truly stands. His answer is no to more American infrastructure, no to more American energy, and no to more American jobs.

By contrast, environmental activist Bill McKibben, writing in The Guardian, praised the effort that led to the veto threat, considering the pipeline once was considered a shoo-in for approval.

Keystone’s not dead yet – feckless Democrats in the Congress could make some kind of deal later this month or later this year, and the president could still yield down the road to the endlessly corrupt State Department bureaucracy that continues to push the pipeline – but it’s pretty amazing to see what happens when people organize.

The State Department has concluded that the 1,179-mile pipeline extension, which would carry oil-sands crude from western Canada to the Gulf of Mexico, wouldn’t significantly add to carbon emissions, but the project would create only 35 permanent U.S. jobs.

Regardless of what happens between Congress and Obama, the final decision on Keystone rests with the State Department, which reports to the president. State has responsibility because the pipeline, to be built by TransCanada Corp., would cross the Canada-U.S. border.

The Post added:

“I think the president has been pretty clear that he does not think that circumventing a well-established process for evaluating these projects is … the right thing for Congress to do,” Earnest said.

Obama rejected a Canadian firm’s application to build the pipeline in 2012.

At a year-end news conference in December, Obama sought to downplay the benefits of the pipeline. He said the benefits for U.S. citizens and workers from the pipeline would be “nominal.”

“I think that there’s been this tendency to really hype this thing as some magic formula to what ails the U.S. economy,” Obama said.

Pete Seeger And Building Consensus For Transitional Fuels

I have a love for folk music. I recently heard the cantor sing “Where have all the Flowers Gone?” at a service for the Jewish High Holidays. It brought back a lot of memories concerning the ‘60s: a period of hope, achievement and tragedy in America.

Excuse me if I take one line from the song by Pete Seeger, perhaps out of context, to explore the current intellectual and real politic difficulties we have in weaning the nation off of oil. Remember the continuous refrain in every stanza concerning the human costs of war, “Oh, when will [we] ever learn?”

I think we should ask the Seeger question now, in addition to thinking about war, about the issues involved in America’s transportation sector’s continued dependence on oil and the nation’s inability to come up with a coherent transition to a renewable fuel.

Look, I hope that we can make the switch from fossil fuels to renewable fuels as soon as federal policy, technology, design and costs make the renewables and cars competitive for most folks. The sooner the better! But even when the market penetration of non-fossil-fuel powered vehicles is double, triple or quadruple what it is now, the percentage of such cars on the road will be infinitesimal compared to the cars fueled by gasoline — a derivative of oil. Think about it! 254 million vehicles exist in America. Fewer than 100,000 renewable fuel powered cars, primarily electric and electric hybrids, were sold in 2013. Given the average life span of cars, it will take a long, long time before the fleet is predominantly gasoline free. Given these facts, establishing a national strategy that, through research and development, makes renewable fuel-powered vehicles cost efficient and marketable to most Americans as soon as possible, and that, simultaneously, encourages the use of transitional fuels in flex-fuel vehicles, while far from perfect, makes common sense. The dual-linked approach is better for the economy, the environment, the consumer and the country’s security. (Ain’t going to have go to war no more…or at least less war based on oil needs.)

What is it that makes many America’s leaders in the public, nonprofit and private sector unable to act even semi-rationally concerning alternative fuels? Sure, Washington is dysfunctional and partisanship as well as special interests have prevented the development of consensus around fuel policy, but to some extent, we as citizens have not become “energized” to advocate for change. Push alternative fuels, including those derived from renewables, and the oil industry demurs with shrill “earth is flat” type lobbyists; advocate for flex-fuel automobiles, and you get both the oil industry and some in the auto industry leveraging their often negative weight in Congress and in state capitals. Try building strong bipartisan coalitions around development of choice at the pump and you are seen as a dreamer, and subject to the often challengeable absolute wisdoms shouted by different interest groups and their leaders.

Sit back and take it all in! The dialogue, or what purports to be the dialogue, concerning fuel choice often reminds me, at least, of the religious arguments about whose God is better. I don’t think anyone has recently had a direct line to God! The tolls are too expensive. Federal regulations in light of separation of church and state prevent it. Similarly, I do not know any respected analyst who finds complete truth in his or her numbers supporting one fuel over another. We hope for perfectibility, not perfection, in analytical theology.

But repeating the dysfunctional “woe is us” analysis over and over again becomes boring and seems to be an excuse for political inertia or failed leadership in all sectors — public, private and nonprofit. Paraphrasing the Pogo comic strip, we have met the enemy and he is us.

So, “when will we ever learn?” that making love is better than making war with respect to building an agreement on alternative fuel strategies? The oil industry, according to recent analyses, has reason to want to think about the future before it continuously tries to restrain our choices at the pump. Prices per barrel may soon reach the level where drilling for tight oil may be too expensive and alternative fuels may be worthy of investment. (Nothing like the profit motive to bring folks to the table!) The auto industry recently has been increasing production of flex-fuel vehicles and CAFE standards, combined with a successful push for open fuel standards and lower cost fuels, could induce even higher production levels of flex-fuel vehicles. Many environmental groups, some of whom already support a dual strategy leading to expanded transitional fuel choices and support for a faster path to renewables, seem willing to discuss a road less traveled, that is, continued use of fossil-based transitional fuels until renewables are ready for prime time. Maybe all we need now is a leader or leaders supported by informed constituencies who will bring relevant groups and individuals together around a consensus building learning table.

Thank you, Pete Seeger!

Right, wrong and indifferent — the AAA, oil and alternative fuels

My favorite automobile service group — the AAA — has once again treaded without fear or trepidation into analysis. Remember earlier, when it suggested that E15 harms engines, based on what looked like an oil-industry-generated study? The AAA’s methodology was weak and its conclusions suspect, a judgment supported by the EPA’s response. According to the agency, AAA’s conclusions were erroneous and based on a limited sample. EPA’s own findings were generated from a relatively large sample of cars, indicating that E15 is safe for most engine types and reaffirmed the wisdom of its approval of E15 usage.

I was surprised to find an article in Oil Price by blogger Daniel Graeber, based to a large degree on comments from AAA’s Michael Green suggesting that the oil shale boom has prevented gas prices from going higher than they are now. Graeber approvingly quoted Green, who said, “Sadly, the days of cheap gasoline may never return for most American drivers despite the recent boom in North American crude oil production.” Assumedly, Green meant that the cost of drilling tight oil will remain high and the costs per barrel of oil will follow suit.

Green apparently went on to indicate that political leaders, particularly, members of Congress who argue for a drill-baby-drill policy, are wrong to link more wells to significant price relief for folks who find gas costs a real problem.

The AAA is right when it suggests that, despite the oil shale boom and signs of increasing demand in America, refineries are sending increased amounts of oil-based products overseas. Understandably, their patriotism doesn’t extend to accepting a lower price for oil in the U.S. when they can get higher prices overseas.

The article appears inconsistent, when at one point it mentions that crude oil inventories are running above average, and later blames current exports for low supplies and low supplies for preventing a drop in prices at the pumps.

Both are correct in indicating sales of oil products abroad probably do have an effect on costs-up to now probably marginal. Certainly, if Washington extends export privileges, increased sales of oil abroad may have a more significant impact on consumer costs. More relevant, however, concerning gasoline costs at the pump, will be economic recovery in the U.S., investor speculation and the oil sector’s ability to manage prices.

Cheap oil has been, recently, and likely will be in the future, a fantasy. The cost of oil per barrel has hovered at around $100 and upward for an extended period, and drilling in shale is relatively expensive. Continuous exogenous and existential (don’t you like those words — they create great passion and emotion) threats from the Middle East and Eastern Europe, also, will likely tilt oil prices upward in the near future.

I would commend the AAA, assumed by many to be the leading advocate for automobile owners in the nation, for grasping the fact that the behavior of producers is likely to lead to higher gas costs and create burdens, particularly for low and moderate-income groups. Now with this knowledge, shouldn’t the AAA argue for breaking oil’s near monopoly on fuel? If the AAA was really interested in helping vehicle owners lower their cost of fuel, it might take the lead in arguing for choice at the pump. Wouldn’t it be great if they really stood up for more open fuel markets as well as alcohol-based transitional fuels, such as ethanol and methanol? Competition at the pump from flex-fuel vehicles, combined with conversion of older vehicles to flex-fuel cars would, over time, mute increases in gas prices and, at the same, time generate environmental benefits for a better America. Support for alcohol-based fuels is consistent with support for renewable fuels, if one is concerned about the environment and GHG emissions. Let’s bring them on as fast as we can. But let’s acknowledge that renewable fuels are not really ready yet for prime time. They are too expensive for many Americans and their technical limitations, particularly concerning electric batteries, are not yet coincident with the desires of most Americans.

What do Grover Norquist and Edmund Burke have to do with Natural Gas?

I don’t like the idea of advance pledges by candidates concerning how they would vote, if they were elected by us. I believe it is contrary to representative democratic government and denies the fact that economic, security, social and environmental conditions change, often rapidly, and must be responded to with studied intelligence and common sense, not constant polling or focus groups.

I guess I am, at least, part Burkian.  Although it departs from present reality, as the great philosopher and British MP, Edmund Burke indicated, our elected leaders , should use their “…unbiased opinion…mature judgment…enlightened conscience…(our) representative(s) owe …not (their) industry only, but (their) judgment; and (they) betray, instead of serving (us), if they sacrifice ( judgment) to (our often fleeting ) opinion(s).” Voters can, at least in theory if not always in practice, dismiss their representatives at the next election. I am not sure Burke won again after he made his plea for more thinking and less pandering.

I am suffering emotionally (not too significantly) by being tempted by  a Kaplan analogue to Grover Norquist’s “no new taxes” pledge, required of  candidates for office.  While the tax pledge, I believe, is responsible for at least some of the dysfunction in Washington, there is a certain romantic, almost utopian appeal to it with respect to frustrated advocates for more and better fuel choices at the pump than just gasoline. As Emerson wisely indicated, perhaps, “a foolish consistency is the hobgoblin of little minds.”

The new Kaplan analogue to the Norquist pledge would acknowledge that the natural gas train has left the station. Indeed, it has! One has only to look at the number of wells/rigs now in place compared to just a few short years ago and the relatively rapid escalation in gas production.

The natural gas sector has become, and likely will remain, an economic and political powerhouse. In this context, advocates of a “renewable transportation fuel only” approach, risk, implicitly, supporting a short and intermediate term future dependent on oil and gasoline. As a result, their success would likely result in increased environmental degradation, more greenhouse gas (GHG), higher costs for consumers, increased security problems and restricted economic growth. Clearly, the enemy of a short term good would become a distant perfect.

The Kaplan pledge would commit candidates to help secure reasonable and effective federal and state regulations to protect and enhance the environment and significantly reduce GHG production during production, distribution and sales of natural gas-from wellhead to automobile.

The pledge would commit candidates, once elected, to help foster a collaborative public, nonprofit and private sector effort to wean the country off dirty oil and gasoline. It would require them to develop and support initiatives that open up the now almost closed transportation fuel market to safe, environmentally sound, cheaper alternative transition fuels. Finally, it would commit candidates, should they take office, to support the development of renewable fuels and vehicles that would reflect competitive costs and mileage capacity that match the budget and occupation as well as life-style needs of low, moderate and middle income Americans.

I feel sinful in departing from the philosophy of Edmund Burke. I need to contemplate my fall from philosophical grace. I apologize!  I hope I am treated with grace and redemption. My excuse in proposing a Congressional pledge was only a temporary errant fantasy. It “ain’t” going to happen. It is a flight from reality.

But, was it all bad? Perhaps, the Kaplan pledge points the way to an alternative that is not antithetical to Edmund Burke. What if, instead of trying the impossible with elected officials, many  of whom try to fit their views to the, often of the moment, views of their constituents, advocates of a free fuel market and alternative transitional transportation fuels worked to form  a coalition of nonpartisan or bipartisan groups: business, labor, environment, government, academic and community . Each group would join because they are consistent in heart and mind with the Kaplan fuel freedom pledge. Each would accept the intent explicit in the pledge; that is the nation’s need for a comprehensive fuels strategy that would bridge the gap between renewable and natural gas advocates, between environmentalists and the natural gas industry, between liberals and conservatives.

Free market business and conservative adherents would put muscle behind their ideology in seeking a more open fuel market. Liberals would put meaning behind their desire to aid the needy who suffer from the high cost of gasoline and limited job opportunities because budget constraints limit driving. Environmentalists would match their concern for the environment with support for natural gas, ethanol and methanol as transitional fuels — fuels that would reduce GHG and other gasoline generated pollutants. The nation would be better able to secure the stimulus now required to improve economic growth because of the reduced dependency on foreign imports. Every one of us would benefit from success in assuring research and development of renewable fuels. The coalition would inform and increase Congressional understanding of the need for an integrated coherent national fuel strategy. The payoff to elected leaders:  The Coalition would promise to help voters comprehend the nation’s need for alternative fuels and a comprehensive fuel freedom strategy. It would meet with measured success. Sign me up! The best of all possible worlds! Oh Happy Day!  I can dream can’t I?

Matching ethics and policy: Free markets, subsidies and fuel

There is probably a reason that ethicists rarely sit at the public policy table with respect to transportation fuel. Let’s think about it for a few minutes in the context of a diverse group of econo-ethicists. Let’s match the ethics of presently monopolistic gasoline markets, the huge oil subsidies granted to oil companies and, yes (for environmental folks), the gift of HOV lanes and tax subsidies for those with the “right” cars, with:

  • John Rawls’ ethical guideline that we should respond to the least among us as we would want to be responded to ourselves,
  • Jeremy Bentham’s ground rule that we should seek the greatest good for the greatest number),
  • Karl Hayek’s admonition that the least government is, generally, the best government,
  • Michael Douglas’ statement in “Wall Street” that “greed is good.”

Currently, oil company policy and behavior with respect to gas stations they own, franchise or influence is very restrictive. Even when they allow alternative fuels to be sold in gas stations, companies play the role of Cinderella’s ugly stepmother. Alternative fuel pumps, often, are placed apart from the gas pumps, sometimes out of sight. If they were human, the alternative fuel pumps, legitimately, would have a discrimination case, need psychiatrists and would probably cry a lot because of loneliness. Lacking choices, consumers must pay an extra tariff for gasoline. Prices for gas reflecting little or no competition are arbitrarily high.

Congress supports the oil monopoly at the pump. It has failed to allow methanol as a transportation fuel and has not passed open fuels legislation.

Certainly, an ethical judgment of the current fuel market and those who establish its limited boundaries should be easy to make. You would get an “A” from both Rawls and Bentham as well as from Hayek if you said, “It is rough on the poor who pay upwards of 15-17% of their income for gasoline and it forces extra costs for all of us at the pump.” Finally, it illustrates Hayek’s warning that too much government restrictions limit freedom. Gosh, who ever thought I would agree with Hayek, even in a limited way? Perhaps, however, Mike Douglas wins this one. Greed has been good for the oil companies.

Douglas also wins big on tax subsidies to oil companies. Yet, despite diverse ethical principles, everyone scores well on the granting of tax subsidies to the oil industry. Both liberal and conservative groups, as well as the Congressional Research Service (CRS) agree that many of the tax subsidies are not needed to secure production and distribution. Why, then, does the industry benefit from such beneficence? History granted them favored status; politics and money give them influence at budget-making time.

I was in favor of (and probably deep down still tilt toward) HOV lanes. But, I do have some real doubts about tax subsidies, particularly subsidies not tied to income.

I am worried about the ethics of both. Most of the benefits of HOV lanes and tax subsidies to secure buyers of cars that use them go to relatively affluent income folks. Both are paid for by general taxpayers, including income-deprived tax payers.

Further, most low and moderate-income households face severe budget constraints if they try to buy new so called clean vehicles that are now allowed in the HOV lanes and secure tax benefits. No preference is granted to other alternative fuels like ethanol, and the federal government does not readily allow the relatively inexpensive conversion of existing cars to alternative fuels — methanol, ethanol. States generally do not permit the small number of converted cars in HOV lanes. Lastly, in terms of debits, HOV lanes do increase congestion, when they are not utilized to the fullest, increasing driving costs for every one of us who are not so lucky to own the “right” vehicles.

So HOV lanes and tax subsidies for favored cars do raise ethical questions. They don’t treat the least among us fairly, they are not good yet for the greatest number of us, and they reflect government behavior that reflects a bit of shooting from the hip before tough analysis concerning efficiency, and effectiveness. Let me see, Rawls, Bentham and Hayek would at least be sensitive to the involved ethical issues.

Alright, are you happy, indifferent or sad that ethicists are not at the policy table? Let me know.