Keep Fossil Fuels in the Ground
Colorado demonstration part of global protest movement
From an Article by Bob Berwyn & Staff, Summit County Voice (Colorado), May 13, 2016
As part of a global series of protests against the continued burning of fossil fuels, hundreds of Colorado activists gathered this week in Denver to protest a Bureau of Land Management oil and gas lease auction at the Holiday Inn in Lakewood.
Organizers counted about 300 people at the May 12 rally, who demonstrated with signs and banners and tried to interrupt the auction of new oil and gas leases as part of the larger #keepitintheground movement. The goal is to prevent the catastrophic consequences of unchecked global warming, including deadly heatwaves, droughts, forest fires, water shortages and invasive diseases.
“Enough is enough,” said Valerie Love of the Center for Biological Diversity, one of the many conservation groups involved in the growing international campaign. “President Obama has the power to stop new fossil fuel leases on our public lands, and he must do so to avoid climate catastrophe. We have protested at every fossil fuel lease sale over the past six months, and we will not stop until this destructive giveaway of public lands and waters is ended,” Love said.
Counterpoint
The auction went ahead anyway and all six parcel up for grabs were sold with net revenue of $5.2 million, tweeted Kathleen Sgamma, VP of government and public affairs for the Western Energy Alliance.
Sgamma took to Twitter to present a somewhat snarky alternate viewpoint to the social media buzz surrounding the protests, pointing out what she called the hypocrisy of out-of-state demonstrators driving thousands of miles to protest, the fact that at least some of the protestors were wearing gear made of petroleum-based products and that renewable energy technology like solar panels require mined petroleum products, not to mention fossil fuel energy, for their production.
Sgamma has a point, but what she didn’t mention were the potentially devastating human, environmental and economic costs of global warming, or whether the oil and gas industry has any meaningful ideas to add to the discussion about climate policy and how to shift to a less carbon-intensive economy. In past statements, the energy industry has pointed to natural gas as a transitional fuel that can help reduce greenhouse gas emissions, but what’s still missing is a long-term vision for a climate-safe energy future.
Globally, the #breakfree movement has organized protests in dozens of countries. One of the biggest actions was Friday in eastern Germany, where about 2,000 protesters tried to peacefully occupy a huge coal mine. Get live updates from the Vattenfall action here.
The German protestors demanded and end to the use of fossil fuels, and tried to block mine and transport operations to make their point.
“Every additional ton of coal removed from the ground is a ton too much,” said Hannah Eichberger, speaking on behalf of the Ende Gelände coalition. “We’re not going to leave climate protection in the hands of governments and corporations,” Eichberger said, explaining that it’s crucial to keep at least 80 percent of the world’s remaining fossil fuel reserves in the ground to prevent global warming from surging above 2 degrees Celsius.
In Colorado, Boulder-based artist Remy, a Native American, said the protest in keeping with the tradition of his culture and people. “Colorado and the public lands of the West are being treated as a sacrifice zone, with corporations profiting from the destruction of our communities, the landscape and the people’s health,” said Remy. “It’s about respecting the land and the Earth, and it’s about justice for people who are being denied it.”
Colorado’s public and private lands have been pockmarked by oil and gas wells in recent years. The state has also seen firsthand many of the devastating impacts of climate change, including massive flooding and extended, more intense fire seasons. The action comes just days after the Colorado Supreme Court denied community authority to regulate fracking.
“When our political systems fail us, direct action is one of the few tools we have left,” said Colorado activist and Greenpeace campaigner Diana Best. “People here are finished with industry and government making us sick, polluting our communities and destroying the land we love. Today you can see that the resistance in Colorado is powerful and a key part of the escalating national fight.”
The coalition behind the Denver protest includes local groups like CREED, FrackFree Colorado, Colorado 350, Colorado Rising Tide, First Seven Design Labs and many others, and is supported by national groups including the Center for Biological Diversity, Greenpeace, Rainforest Action Network, Radical Arts Healing Collective, WildEarth Guardians and 350.org.
Another protests is planned for May 14 in Thornton, where activist Bill McKibben will join the action to deliver his by now well-known sermon on the dangers of fracking.
Currently about 67 million acres of public lands are leased for the exploitation of fossil fuels, an area 55 times larger than Grand Canyon National Park and containing up to 43 billion tons of potential greenhouse gas pollution.
About 25 percent of all U.S. climate pollution already comes from burning fossil fuels from public lands. Remaining federal oil, gas, coal, oil shale and tar sands that have not been leased to industry contain up to 450 billion additional tons of potential greenhouse gas pollution.
The movement gained political support in advance of last December’s Paris climate talks when Senators Merkley (D-Ore.) and Sanders (I-Vt.) in November introduced legislation to end new federal fossil fuel leases and cancel non-producing federal fossil fuel leases.
Last month the Obama administration placed a moratorium on federal coal leasing while the Department of the Interior studies its impacts on taxpayers and the planet. Since November 2015, in response to protests, the BLM has postponed oil and gas leasing auctions in Utah, Montana, Wyoming and Washington, D.C.
See also the text of Senate Bill S.2238, “Keep It in the Ground Act of 2015“
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S. 2238 — To prohibit drilling in the outer Continental Shelf, to prohibit coal leases on Federal land, and for other purposes.
IN THE SENATE OF THE UNITED STATES — November 4, 2015
Mr. Merkley (for himself, Mr. Cardin, Mr. Sanders, Mrs. Boxer, Mrs. Gillibrand, Mr. Leahy, and Ms. Warren) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources
A BILL — To prohibit drilling in the outer Continental Shelf, to prohibit coal leases on Federal land, and for other purposes.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the “Keep It in the Ground Act of 2015”.
SEC. 2. FINDINGS; STATEMENT OF POLICY.
(a) Findings.—Congress finds that—
(1) from 1880 through 2014, global temperatures have increased by about 0.9 degrees Celsius;
(2) the vast majority of global warming that has occurred over the past 50 years was due to human activities, primarily the burning of fossil fuels;
(3) emissions of greenhouse gases and atmospheric concentrations of greenhouse gases continue to rise, which results in a continued warming trend;
(4) global warming already has a significant impact on the economy, including the farming, fishing, forestry, and recreation industries;
(5) the significant impacts of global warming that are already occurring will be amplified by a global temperature increase of 2 degrees Celsius, which will lead to increased droughts, rising seas, mass extinctions, heat waves, desertification, wildfires, acidifying oceans, significant economic disruption, and security threats;
(6) to avoid exceeding 2 degrees Celsius warming, at least 80 percent of carbon from proven fossil fuel reserves must be kept in the ground;
(7) the potential emissions resulting from extracting and burning all fossil fuels on Federal land and waters amounts to a significant percentage of the greenhouse gas emissions limit; and
(8) ending new leases for fossil fuels will prevent the release of 90 percent of the potential emissions from Federal fossil fuels.
(b) Statement Of Policy.—It is the policy of the United States that—
(1) Federal land and waters should be managed for the benefit of the people of the United States—
(A) to avoid the most dangerous impacts of climate change; and
(B) to promote a rapid transition to a clean energy economy by keeping fossil fuels in the ground; and
(2) the Federal Government should pursue management of Federal land and waters for the benefit of the people of the United States by not issuing any new lease or renewing any nonproducing lease for coal, oil, or natural gas in any Federal land or waters.
SEC. 3. DEFINITIONS.
In this Act:
(1) EXTEND.—The term “extend” means the act of extending a lease under the Mineral Leasing Act (30 U.S.C. 181 et seq.) beyond the existing term of the lease.
(2) NONPRODUCING LEASE.—The term “nonproducing lease” means any lease under which no coal, oil, gas, oil shale, tar sands, or other fossil fuel approved in the lease contract has been extracted for commercial use.
(3) REINSTATE.—The term “reinstate” means the act of reinstating a lease under the Mineral Leasing Act (30 U.S.C. 181 et seq.) after a violation of any term of the lease that resulted in suspension or cancellation of the lease.
(4) RENEW.—The term “renew” means the act of renewing a lease under the Mineral Leasing Act (30 U.S.C. 181 et seq.) for a term that is not longer than the maximum renewal term for a lease under that Act.
(5) SECRETARY.—The term “Secretary” means the Secretary of the Interior.
SEC. 4. STOPPING NEW OFFSHORE OIL AND GAS LEASES IN THE GULF OF MEXICO AND THE PACIFIC, ATLANTIC, AND ARCTIC OCEANS.
(a) Prohibition On New Oil And Gas Leasing On The Outer Continental Shelf.—Section 8 of the Outer Continental Shelf Lands Act (43 U.S.C. 1337) is amended by adding at the end the following:
“(q) Prohibition On New Oil And Gas Leasing On The Outer Continental Shelf.—
“(1) DEFINITIONS.—In this subsection:
“(A) EXTEND.—
“(i) IN GENERAL.—The term ‘extend’ means the act of extending a lease under this Act beyond the existing term of the lease.
“(ii) INCLUSION.—The term ‘extend’ includes the act of extending a lease following a suspension under this Act.
“(B) NONPRODUCING LEASE.—The term ‘nonproducing lease’ means any lease under which any coal, oil, gas, oil shale, tar sands, or other fossil fuel approved in the lease contract has been extracted.
“(C) REINSTATE.—The term ‘reinstate’ means the act of reinstating a lease under this Act after a violation of any term of the lease that resulted in suspension or cancellation of the lease.
“(D) RENEW.—The term ‘renew’ means the act of renewing a lease under this Act for a term that is not longer than the maximum renewal term for a lease under this Act.
“(2) PROHIBITION.—Notwithstanding any other provision of this Act or any other law, the Secretary of the Interior shall not issue a new lease, renew, reinstate, or extend any nonproducing lease, or issue any other authorization for the exploration, development, or production of oil, natural gas, or any other fossil fuel in—
“(A) the Arctic Ocean;
“(B) the Atlantic Ocean, including the Straits of Florida;
“(C) the Pacific Ocean;
“(D) the Gulf of Mexico; or
“(E) any other area of the outer Continental Shelf.”.
(b) Cancellation Of Existing Leases.—Notwithstanding any other provision of law, not later than 60 days after the date of enactment of this Act, the Secretary shall cancel any lease issued under section 8 of the Outer Continental Shelf Lands Act (43 U.S.C. 1337) on or before the date of enactment of this Act in the Beaufort Sea, Cook Inlet, or Chukchi Sea.
SEC. 5. STOPPING NEW COAL, OIL, TAR SANDS, FRACKED GAS, AND OIL SHALE LEASES ON FEDERAL LAND.
Notwithstanding any other provision of law, the Secretary shall not conduct any lease sale, enter into any new lease, reoffer for lease any land covered by an expiring lease, or renew, reinstate, or extend any nonproducing lease in existence on or before the date of enactment of this Act for onshore fossil fuels, including coal, oil, tar sands, oil shale, and gas on land subject to the Mineral Leasing Act (30 U.S.C. 181 et seq.).
SEC. 6. EXCEPTIONS.
(a) National Security.—
(1) IN GENERAL.—Subject to paragraph (2), the Secretary may exempt any provision of this Act or an amendment made by this Act for a lease if the Secretary determines, on the record and based on available information, that—
(A) there is an imminent national security threat; and
(B) issuing an exemption for the lease would significantly reduce the imminent national security threat.
(2) DURATION.—An exemption under paragraph (1) shall continue only for as long as the imminent national security threat persists.
(b) Breach Of Contract.—
(1) IN GENERAL.—Subject to paragraph (2), the Secretary may allow a nonproducing lease to be renewed or extended if—
(A) the nonproducing lease contract was signed before the date of enactment of this Act; and
(B) the Secretary determines that giving effect to any provision of this Act or an amendment made by this Act is likely to lead to a court with jurisdiction ruling that there was a material breach of the nonproducing lease contract.
(2) DURATION.—A renewal or extension under paragraph (1) shall be for the shortest time practicable, consistent with the terms of the nonproducing lease contract.
SEC. 7. SEVERABILITY.
If any provision of this Act, an amendment made by this Act, or the application of such a provision or amendment to any person or circumstance is held to be invalid or unconstitutional, the remainder of this Act, the amendments made by this Act, and the application of those provisions and amendments to any person or circumstance shall not be affected.