Pennsylvania court punts on constitution changes
The Pennsylvania Supreme Court this week rejected Governor Tom Wolf's (D) request to weigh the legality of proposed constitutional amendments, including one that would allow the legislature to reject proposed regulations with a simple majority vote.
While amendments involving abortion rights and election administration have garnered more attention, environmentalists have warned that the amendment to curtail the governor's regulatory powers could stymie efforts to control pollution from fossil fuel companies.
The Republican-led legislature advanced five constitutional amendments in July, kicking off a process that could send the proposals to voters as early as May. Wolf promptly asked the Supreme Court to get involved, arguing that the legislature passing one package "without allowing each proposed amendment to be voted upon separately" by lawmakers was unconstitutional.
Wolf had asked the judges to invoke "king's bench power," which allows the state's highest court to consider cases of public importance without them having to go through lower courts first. The Supreme Court, in a 12 September decision, did not definitively weigh in against Wolf's arguments but rejected his attempt to streamline legal proceedings.
Wolf can "seek similar relief" by filing with the Commonwealth Court, the court ruled. Any ruling from that lower body could then be appealed to the Supreme Court.
The governor's office said it is reviewing the ruling before taking further action.
Earlier this year, Republicans failed to override Wolf's veto on a bill disapproving of a regulation to join the Regional Greenhouse Gas Initiative (RGGI) cap-and-trade program — but they would have had enough votes to prevent the rule's implementation if this amendment was in force.
"The greatest impact of this change would be to prevent environmental regulations such as the RGGI rule," said the League of Women Voters of Pennsylvania, which unsuccessfully attempted to intervene in the case.
Constitutional amendments must pass a simple majority vote in the state House and Senate over two successive legislative sessions before heading to voters as a ballot referendum. Pennsylvanians would then vote on each proposed amendment separately.
Crucially, the governor has no role in the process. Republicans have increasingly turned toward the unconventional process in recent years, and two amendments to restrict the governor's emergency powers were approved by voters last year.
Legislators could approve the proposed amendments for the second time next year and have Pennsylvanians vote on them as early as May, barring further intervention from courts.
Pennsylvania will have a new governor by then: either state senator Doug Mastriano (R), a staunch opponent of RGGI and other environmental regulations, or attorney general Josh Shapiro (D), who supports more rules around drilling and hydraulic fracturing.
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Baltimore to temporarily open 4th shipping channel
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Cheyenne, 24 April (Argus) — The Port of Baltimore is preparing to open another, deeper temporary shipping channel this week so at least some of the vessels that have been stranded at the port can depart. The new 35-ft deep Fort McHenry Limited Access Channel is scheduled to be open to commercially essential vessels from 25 April until 6am ET on 29 April or 30 April "if weather adversely impacts vessel transits," according to a US Coast Guard Marine Safety Information Bulletin. The channel will then be closed again until 10 May. The channel also will have a 300-ft horizontal clearance and 214-ft vertical clearance. This will be the fourth and largest channel opened since the 26 March collapse of the Francis Scott Key Bridge. The Unified Command has said that the new limited access channel should allow passage of about 75pc of the types of vessels that typically move through the waterway. Vessels that have greater than 60,000 long tons (60,963 metric tonnes) of displacement will likely not be able to move through the channel and those between 50,000-60,000 long tons of displacement "will be closely evaluated" for transit. There were seven vessels blocked from exiting the port as of 27 March, including three dry bulk carriers, one vehicle carrier and one tanker, according to the US Department of Transportation. Two of the bulk carriers at berth in Baltimore are Kamsarmax-sized coal vessels, data from analytics firm Kpler show. The US Army Corps of Engineers still expects to reopen the Port of Baltimore's permanent 700-foot wide, 50-foot deep channel by the end of May. The Key Bridge collapsed into the water late last month when the 116,851dwt container ship Dali lost power and crashed into a bridge support column. Salvage teams have been working to remove debris from the water and containers from the ship in order to clear the main channel. By Courtney Schlisserman Send comments and request more information at feedback@argusmedia.com Copyright © 2024. Argus Media group . All rights reserved.
EU adopts sustainability due diligence rules
EU adopts sustainability due diligence rules
Brussels, 24 April (Argus) — The European parliament has formally approved a Corporate Sustainability Due Diligence Directive (CSDDD), which will require large EU companies to make "best efforts" for climate change mitigation. The law will mean that relevant companies will have to adopt a transition plan to make their business model compatible with the 1.5°C temperature limit set by the Paris climate agreement. It will apply to EU firms with over 1,000 employees and turnover above €450mn ($481mn). It will also apply to some companies with franchising or licensing agreements in the EU. The directive requires transposition into different EU national laws. It obliges member states to ensure relevant firms adopt and put into effect a transition plan for climate change mitigation. Transition plans must aim to "ensure, through best efforts" that business models and company strategies are compatible with transition to a sustainable economy, limiting global warming to 1.5°C and achieving climate neutrality by 2050. Where "relevant", the plans should limit "exposure of the company to coal-, oil- and gas-related activities". Despite a provisional agreement, EU states initially failed to formally approve the provisional agreement reached with parliament in December, after some member states blocked the deal. Parliament's adoption — at its last session before breaking for EU elections — paves the way for entry into force later in the year. Industry has obtained clarification, in the non-legal introduction, that the directive's requirements are an "obligation of means and not of results" with "due account" being given to progress that firms make as well as the "complexity and evolving" nature of climate transitioning. Still, firms' climate transition plans need to contain "time-bound" targets for 2030 and in five-year intervals until 2050 based on "conclusive scientific" evidence and, where appropriate, absolute reduction targets for greenhouse gas (GHG) for direct scope 1 emissions as well as scope 2 and scope 3 emissions. Scope 1 refers to emissions directly stemming from an organisation's activity, while scope 2 refers to indirect emissions from purchased energy. Scope 3 refers to end-use emissions. "It is alarming to see how member states weakened the law in the final negotiations. And the law lacks an effective mechanism to force companies to reduce their climate emissions," said Paul de Clerck, campaigner at non-governmental organisation Friends of the Earth Europe, pointing to "gaping" loopholes in the adopted text. By Dafydd ab Iago Send comments and request more information at feedback@argusmedia.com Copyright © 2024. Argus Media group . All rights reserved.
Oman latest to insist that oil, gas is 'here to stay'
Oman latest to insist that oil, gas is 'here to stay'
Muscat, 24 April (Argus) — Omani and Oman-focused energy officials this week joined a growing chorus of voices to reiterate the pivotal role that hydrocarbons have in the energy mix, even as state-owned companies scramble to increase their share of renewables production. Some producers cite the risk of leaving costly, stranded oil and gas assets as renewable energy alternatives become more favoured. "This is a common concern among producers who are focusing on short-term developments to maximize cash flow — [but] if we continue to do that, with the clean energy transition, will we be left with stranded assets in the long-term", state-controlled PDO's technical director Sami Baqi told the Oman Petroleum and Crude Show conference in Muscat this week. "We need to redefine and revamp our operation model to produce in a sustainable manner." "We are in an era where most of the production does not come from the easy oil but comes from difficult oil," Oman's energy ministry undersecretary Mohsin Al Hadhrami said. "It requires more improved and enhanced oil recovery (EOR) type technologies to extract it." Oman is heavily reliant on tertiary extraction technologies like EOR given its maturing asset base and complicated geology. "We know that most of the oil fields [in the region] are maturing and costs are going to escalate, so we need to be mindful of it while discussing cleaner solutions going forward," Hadhrami said. PDO, Oman's largest hydrocarbon producer, aims for 19pc of its output to come from EOR projects by 2025, and has said it is looking at 'cleaner' ways to implement the technology. PDO in November started a pilot project to inject captured CO2 for EOR at its oil reservoirs. Baqi's concerns were echoed by PDO's carbon capture, utilisation and storage (CCUS) manager Nabil Al-Bulushi, who said even solutions like CCUS can be expensive and come with their own challenges. There is a need for a proper ecosystem or regulatory policies to avoid delays in executing such projects, he said. When it comes to challenges associated with commercialising green hydrogen, Saudi state-controlled Aramco's head of upstream Yousef Al-Tahan said higher costs already make hydrogen more expensive than any other energy sources. "Not only should the costs go down, but the market has to be matured to take in the hydrogen," he said. "We also need pipelines and facilities that are able to handle hydrogen, especially when it gets converted to ammonia." Gas here to stay Oman, like many of its neighbors in the Mideast Gulf, insists gas needs to be part of the global journey towards cleaner energies. "Asia-Pacific is still heavily reliant on coal, this is an area where gas can play an important role," Shell Oman's development manager Salim Al Amri said at the event. "I think there is no doubt that gas is here to stay." Oman is a particularly interesting case as it "has moved from a position of gas shortage to surplus", Al Amri said, enabled by key developments in tight gas. "Output from fields like Khazzan and Mabrouk will continue to produce nearly 50pc of output even by 2025, which is indicative of how important tight gas developments are," he said. The Khazzan tight gas field has 10.5 trillion ft³ of recoverable gas reserves. Mabrouk North East is due to reach 500mn ft³/d by mid-2024. But even as natural gas is touted as the transition fuel, executives from major producers like state-owned OQ and PDO warned there are technical risks associated with extracting the fuel, including encountering complex tight reservoirs, water production and difficult geology. By Rithika Krishna Send comments and request more information at feedback@argusmedia.com Copyright © 2024. Argus Media group . All rights reserved.
Ayala’s South Luzon coal plant eligible for retirement
Ayala’s South Luzon coal plant eligible for retirement
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