US scraps legal protections for migratory birds

  • Market: Crude oil, Emissions, Natural gas
  • 05/01/21

President Donald Trump's administration has finalized a rule that will allow oil companies, wind farm owners and other industries to kill an unlimited number of migratory birds without facing any federal penalties.

The new rule, published today, would re-interpret the Migratory Bird Treaty Act of 1918 so that the government could only seek penalties for the illegal hunting of birds, rather than unintentional deaths from industrial activity. The change will save oil producers and other industries money by allowing them to abandon best practices to avoid bird deaths, such as covering open-air oil pits with nets, the US Fish and Wildlife Service said in a study published in November.

The rule is one of the last industry-friendly changes to environmental laws the Trump administration is pushing through in its last weeks in office. If the new policy had been in place in 2010, BP could have avoided paying $100mn in fines for the large numbers of birds killed in the wake of the the Deepwater Horizon oil spill.

Oil producers feel they have been unfairly targeted under the law, since most migratory bird deaths are caused by buildings and electrical lines. Power lines kill more than 31mn birds each year, while oil pits kill 750,000 and wind turbines kill 230,000. Wildlife officials only investigate about 57 cases each year and prosecute only some of those, according to federal data, typically in cases where birds are killed multiple times at the same location.

The final rule will not go into effect for 30 days, well after president-elect Joe Biden is sworn into office on 20 January. Biden last month vowed to halt or delay "midnight regulations" that have not already taken effect. That would offer a chance for the Biden administration to start legal efforts to stop the regulatory change from taking effect.

A federal judge last year already threw out the Trump administration's first attempt to re-interpret the Migratory Bird Treaty Act, after finding there was "nothing" in the text of the law to suggest the Trump administration's new interpretation was correct. That could offer grounds for activists to challenge the rule in court. The US Congress could also vote to scrap the rule, under a law named the Congressional Review Act, if there is support from a majority of members in the US Senate and the US House of Representatives.


Sharelinkedin-sharetwitter-sharefacebook-shareemail-share

Related news posts

Argus illuminates the markets by putting a lens on the areas that matter most to you. The market news and commentary we publish reveals vital insights that enable you to make stronger, well-informed decisions. Explore a selection of news stories related to this one.

News
03/05/24

Brazil hydroelectric dam bursts under record rains

Brazil hydroelectric dam bursts under record rains

Sao Paulo, 3 May (Argus) — Brazilian power generation company Companhia Energetica Rio das Antas (Ceran) found a partial rupture in its 100MW 14 de Julho hydroelectric plant following record precipitation in Rio Grande do Sul state. Flooding from the record rains has left 37 dead and forced more than 23,000 people out of their homes, causing widespread damage across the state, including washed out bridges and roads across several cities. Ceron reported that the dam of the hydroelectric plant on the Antas River suffered a rupture under the heavy rains and the company implemented an emergency evacuation plan on 1 May. Ceron's 130MW Monte Claro and 130MW Castro Alves plants are under intense monitoring, the company said in a statement. Rio Grande do Sul state governor Eduardo Leite declared a state of emergency and the federal government promised to release funding for emergency disaster relief. Leite said the flooding will likely go down as the worst environmental disaster in the state's history. Brazil's southernmost state along the border with Argentina has been punished by record precipitation over the past year owing to the effects of the strong El Nino weather phenomenon, according to Rio Grande do Sul-based weather forecaster MetSul Meteorologia. Brazilian power company CPFL Energia controls Ceran with a 65pc equity stake. Energy company CEEE-GT, which is owned by steel manufacturer CSN, owns another 30pc, and Norway's Statkraft owns the remaining 5pc. The state had declared a state of emergency as recently as September 2023 because of unusually heavy rains that resulted in the death of more than 30 people. Weather forecasters expect El Nino conditions to abate in the coming months over the eastern Pacific. Send comments and request more information at feedback@argusmedia.com Copyright © 2024. Argus Media group . All rights reserved.

Find out more
News

Chevron’s oily DJ basin buy boosts gas output


03/05/24
News
03/05/24

Chevron’s oily DJ basin buy boosts gas output

New York, 3 May (Argus) — Chevron's US natural gas production has surged in recent quarters due to its crude-focused acquisition of Denver-based PDC Energy last August, increasing the oil major's exposure to the US gas market months after that market entered an extended price slump. Chevron's US gas production in the first quarter was 2.7 Bcf/d (76mn m3/d), up by 53pc from the year-earlier quarter and the highest since at least 2021, according to company production data. Chevron's total US output rose by 35pc year-over-year to 1.57 b/d of oil equivalent (boe/d), while US crude output increased by 21pc to 779,000 b/d. The acreage Chevron picked up last year in the DJ basin of northeast Colorado and southeast Wyoming has higher gas-oil ratios than the rest of its US portfolio. Chevron mostly focuses US production in the crude-rich Permian basin of west Texas and southeast New Mexico. Since Chevron closed its acquisition of PDC on 7 August, US gas prices have mostly languished in loss-making territory. Prompt-month Nymex gas settlements at the US benchmark Henry Hub from 7 August 2023 to 2 May 2024 averaged $2.46/mmBtu, down from an average of $4.999/mmBtu in the year-earlier period. In a May 2023 conference call over Chevron's acquisition of PDC, chief executive Mike Wirth expressed optimism for the long-run outlook for natural gas, despite the more immediately dim outlook. "There's going to be stronger global demand for gas growth than there will be for oil over the next decade and beyond as the world looks to decarbonize," Wirth said. Despite lower US gas prices, Chevron has captured $600mn in cost savings from the PDC acquisition between capital and operational expenditures, the company told Argus . Crude prices have also been more resilient. Chevron's profit in the first quarter was $5.5bn, down from $6.6bn in the year-earlier quarter, partly due to lower gas prices. US gas prices have been lower this year as unseasonably warm winter weather and resilient production have created an oversupplied US gas market. A government report Thursday showed US gas inventories up by 35pc from the five-year average. By Julian Hast Send comments and request more information at feedback@argusmedia.com Copyright © 2024. Argus Media group . All rights reserved.

News

UN carbon market enshrines appeal, grievance processes


03/05/24
News
03/05/24

UN carbon market enshrines appeal, grievance processes

Berlin, 3 May (Argus) — The much-debated procedure for appeal and grievance processes for people negatively affected by carbon mitigation activities was finally passed this week by the regulator of the future UN carbon market. The supervisory body of the Paris agreement crediting mechanism, under Article 6.4 of the Paris climate agreement, called the appeal and grievance procedure a "crucial step towards developing a new international carbon market that sets the benchmark for high integrity carbon credits". The mechanism is expected to be passed at the UN climate summit Cop 29 in November in Azerbaijan. The appeal and grievance procedure sets the fee for filing an appeal at $30,000, compared with the $5,000 fee suggested in earlier iterations, which was seen by some supervisory body members at this week's meeting in Bonn, Germany, as "too low for project developers, but too high for vulnerable groups". The fee will be waived for appellants who are appealing for vulnerable groups, such as local communities and indigenous peoples. But the supervisory body failed to pass the mechanism's long-awaited sustainable development tool, instead launching a call for input. Members had criticised the lack of a validation and verification process for the tool, and its unclear delimitations, given that some of its objectives will be addressed in future rules on carbon removals activities or the carbon reduction methodologies under the mechanism. Making the tool mandatory was demanded by both countries and non-governmental organisations at recent Cop summits, with the lack of a grievance process and sustainable development tool part of the reason why the pricing mechanism was not finalised at Cop 28 in Dubai last year. The sustainable development tool of the Kyoto Protocol's clean development mechanism (CDM), which the new mechanism broadly aims to replace, was never made mandatory. A total of 1,796 carbon mitigation activities have now requested to transition from the CDM to the new mechanism, of which more than 300 have not yet provided full details and could miss the 31 August deadline, the UN's climate arm said in Bonn. The supervisory body called for an extension of the transition period to 4 November. Work on the new mechanism's registry is also advancing, with the supervisory body agreeing to launch a consultation on the "legal, technical and financial implications of providing functionality for the treatment of financial security interests in Article 6.4 emissions reductions within the mechanism registry". By Chloe Jardine Send comments and request more information at feedback@argusmedia.com Copyright © 2024. Argus Media group . All rights reserved.

News

US job growth nearly halved in April: Update


03/05/24
News
03/05/24

US job growth nearly halved in April: Update

Adds services PMI in first, fifth paragraphs, factory PMI reference in sixth paragraph. Houston, 3 May (Argus) — The US added fewer jobs in April as the unemployment rate ticked up and average earnings growth slowed, signs of gradually weakening labor market conditions. A separate survey showed the services sector contracted last month. The US added 175,000 jobs in April, the Labor Department reported today, fewer than the 238,000 analysts anticipated. That compared with an upwardly revised 315,000 jobs in March and a downwardly revised 236,000 jobs in February. The unemployment rate ticked up to 3.9pc from 3.8pc. The unemployment rate has ranged from 3.7-3.9pc since August 2023, near the five-decade low of 3.4pc. The latest employment report comes after the Federal Reserve on Wednesday held its target lending rate unchanged for a sixth time and signaled it would be slower in cutting rates from two-decade highs as the labor market has remained "strong" and inflation, even while easing, is "still too high". US stocks opened more than 1pc higher today after the jobs report and the yield on the 10-year Treasury note fell to 4.47pc. Futures markets showed odds of a September rate cut rose by about 10 percentage points to about 70pc after the report. Services weakness Another report today showed the biggest segment of the economy contracted last month. The Institute for Supply Management's (ISM) services purchasing managers index (PMI) fell to 49.4 in April from 51.4 in March, ending 15 months of expansion. The services PMI employment index fell to 45.9, the fourth contraction in five months, in today's report. Readings below 50 signal contraction. On 1 May, ISM reported that the manufacturing PMI fell to 49.2 in April, after one month of growth following 16 months of contraction. In today's employment report from the Labor Department, average hourly earnings grew by 3.9pc over the 12 month period, down from 4.1pc in the period ended in March. Job gains in the 12 months through March averaged 242,000. Gains, including revisions, averaged 276,000 in the prior three-month period. Job gains occurred in health care, social services and transportation and warehousing. Health care added 56,000 jobs, in line with the gains over the prior 12 months. Transportation and warehousing added 22,000, also near the 12-month average. Retail trade added 20,000. Construction added 9,000 following 40,000 in March. Government added 8,000, slowing from an average of 55,000 in the prior 12 months. Manufacturing added 9,000 jobs after posting 4,000 jobs the prior month. Mining and logging lost 3,000 jobs. By Bob Willis Send comments and request more information at feedback@argusmedia.com Copyright © 2024. Argus Media group . All rights reserved.

News

Kazakhstan outlines Opec+ compensation plan


03/05/24
News
03/05/24

Kazakhstan outlines Opec+ compensation plan

London, 3 May (Argus) — Opec+ member Kazakhstan has submitted a plan to Opec detailing how it intends to compensate for producing above its crude production target in the first four months of the year. Kazakhstan and Iraq — which has also submitted a compensation plan — are the Opec+ alliance's largest overproducers and a key reason why the group exceeded its overall production in the first three months of the year . Kazakhstan's energy ministry said it produced above its target by 129,000 b/d in January, 128,000 b/d in February, and 131,000 b/d in March, according to secondary source estimates. Opec secondary sources, of which Argus is one, have yet to formally submit their production estimates for April, but Kazakhstan said it is factoring preliminarily overproduction of 100,000 b/d for April. The ministry said it kept oil production high because of high winter demand for natural gas — much of its gas production is associated and is produced alongside its oil. Kazakhstan said it would start its compensation plan in May with an initial cut of 18,000 b/d below its official target of 1.468mn b/d. It would then stick to its target in June and July before implementing a cut of 131,000 b/d in August, none in September, 299,000 b/d in October, 40,000 b/d in November and zero in December. The cuts have been designed to coincide with scheduled maintenance at the country's key oil fields of Kashagan and Tengiz, the ministry said. Kazakhstan would have to reduce its output by 149,000 b/d in May compared with its March production of 1.599mn b/d to meet its pledge, according to Argus calculations. The compensation plan is set to be adjusted once a final figure for April is available. The plan would be further adjusted to accommodate any change in the Opec+ alliance's output policy — for which a meeting is scheduled to take place on 1 June in Vienna. Opec has been increasing pressure on members exceeding their targets. It called last month on countries that have overproduced to submit detailed compensation plans by the end of April. The Opec+ alliance has implemented a series of cuts — voluntary or collective — worth a combined 5.4mn b/d since October 2022 in a self-described bid to "support the stability and balance of the oil market". The latest round of "voluntary" output reductions by several members came into force in January and is due to run until the end of June. By Aydin Calik and Nader Itayim Send comments and request more information at feedback@argusmedia.com Copyright © 2024. Argus Media group . All rights reserved.

Business intelligence reports

Get concise, trustworthy and unbiased analysis of the latest trends and developments in oil and energy markets. These reports are specially created for decision makers who don’t have time to track markets day-by-day, minute-by-minute.

Learn more