Letters & Comments

Endangered Species, Letters and Comments Jun 7, 2021

IPAA members believe species conservation is important as they actively work to protect the environment and habitats where they operate and live. Many independent companies have Fish and Wildlife-approved Avian Protection Plans and have spent millions of dollars of private capital on the conservation of listed and candidate species. IPAA was pleased with the January 7, 2021 rule that finalized a regulation to affirm the Solicitor’s Opinion, M-37050. We have long felt that this was an important step to clarify the legal role of the MBTA to support species protection, while limiting inappropriate legal impacts on otherwise lawful activities from an array of industries. For this reason, IPAA does not support the Services’ current proposed rule, which would rescind the January 7 decision and broadens the scope of application for the MBTA. IPAA believes that the January 7 final rule, which promulgated regulations that define the scope of MBTA to prohibit incidental take actions, brings the regulation closer to the original intent of the law, as passed by Congress.

Letters and Comments, Taxes Jun 2, 2021

“The undersigned trade associations represent all segments of the oil and natural gas sector ranging from family-owned businesses to the largest multi-national enterprises operating around the world. We write to voice our uniform opposition to proposed changes to the Internal Revenue Code (“the Code”) in the Clean Energy for America Act, which are aimed at the oil and natural gas sector.  Rather than “leveling the playing field,” these proposed changes would necessarily result in fewer jobs, higher energy costs for American families, and the loss of market share to foreign competitors, like the state-owned enterprises from China and Russia….

“We encourage the committee to avoid using the tax code as a weapon to discriminate against any particular economic sector.  The natural gas, oil, and fuels industries should not be prevented from recovering costs that other industries are eligible for simply because they operate in a different economic sector. The U.S. tax code allows industries across the manufacturing sector to recover costs related to job creation and other operational investments.  These common tax mechanisms allow these companies to create jobs, invest in our communities, and deliver the energy that working families rely on every day. …”

Letters and Comments, Regulations May 12, 2021

Dear Administrator Regan,

We write to congratulate you on your appointment to lead the U.S. Environmental Protection Agency (EPA) and to request a meeting with you and your team to discuss Clean Water Act jurisdiction and permitting and its impact on the Biden administration’s priorities. The Waters Advocacy Coalition (WAC) represents major sectors of the the American economy that are affected by the definition of “waters of the United States;” including construction, transportation, housing, mining, manufacturing, forestry, agriculture, energy, wildlife conservation, recreation, and public health and safety sectors – all of which are vital to a thriving economy and providing much-needed jobs. The coalition has been working with the EPA, the U.S. Army Corp of Engineers, Congress, and other stakeholders on this issue for more than a decade.

Infrastructure, Letters and Comments Apr 28, 2021

To Ms. Mallory:

The undersigned members of the Unlock American Investment coalition congratulate you on your confirmation to serve as Chair of the Council on Environmental Quality (CEQ). Your extensive experience makes you well qualified to serve in this important role. We look forward to working with you on topics of mutual interest.

The U.S. is falling behind in the quality of our infrastructure, a fact that threatens economic growth and competitiveness. The American Society of Civil Engineers’ most recent report card gave U.S. infrastructure a “C-” and the World Economic Forum ranked the U.S. 13th in the world for the overall quality of our infrastructure. We appreciate the President’s focus on improving the quality of our nation’s infrastructure, from roads and bridges to broadband and electric transmission.

There is no doubt we need such investments to help grow the economy, as well as to revitalize disadvantaged and underserved communities. However, investment alone is not enough. To realize their associated benefits, we need to ensure that the full range of critical infrastructure projects can be delivered in a timely manner. This effort must be accompanied by improvements in the federal environmental review and permitting process. …

Letters and Comments Apr 5, 2021

In comments submitted to the Federal Energy Regulatory Commission (FERC) on April 5, IPAA strongly opposed FERC’s reopening of a certificate granted to Algonquin Gas Transmission, LLC and Maritimes & Northeast Pipeline, LLC for the operation of the Weymouth Compressor Station (Docket No. CP16-9-012).  At the February open meeting, FERC allowed for continued operation of the compressor station but established an expedited briefing schedule to further examine public safety concerns, seeking answers on the need for additional mitigation measures and the consequences if FERC were to stay or reverse its prior authorization order. IPAA noted that FERC already is reviewing its policy for certification of interstate natural gas pipelines, which is the appropriate forum for any prospective change. “The regulatory uncertainty created by the issuance of the Briefing Order can have chilling effects on the ability of pipeline companies to adapt existing facilities or construct new ones… The implications are compounded by the effects on gas-consuming utilities and generators as they make their decisions on how best to meet their delivery obligations.”

Letters and Comments Mar 24, 2021

In advance of the Thursday, March 25 Department of Interior virtual forum regarding the federal oil and gas program, the Independent Petroleum Association of America (IPAA) submitted a written statement to inform the department’s interim report that the agency said will be released early summer with findings from their comprehensive review.

“…IPAA and our members are extremely concerned about efforts by the Biden Administration to alter the foundational elements of the Department of Interior’s oil and natural gas leasing program for onshore and offshore federal lands. Federal lands and waters together accounted for 22 percent of total U.S. oil production and 12 percent of U.S. natural gas production in 2019, according to the Energy Information Administration. ..Production of oil and natural gas from these areas are an important part of the nation’s energy portfolio and will be key to ensuring the United States remains a key player in the worldwide energy picture.

“Responsible development of federal lands in the West and in federal offshore waters with a regulatory program designed to protect the environment and public is achievable. IPAA and our members look to coordinate and cooperate with federal and state regulators to find innovative solutions that address climate issues, management of methane and protect and reclaim federal lands…” 

Click here for IHS Markit study on independent oil and natural gas operators referenced in the statement. 

Infrastructure, Letters and Comments Mar 2, 2021

As Congress develops infrastructure legislation to stimulate the economy and improve the quality of life for every American, the undersigned organizations urge you to prioritize improvements to the federal permitting process. We fully support the fundamental environmental stewardship goals of the National Environmental Policy Act (NEPA), and believe a modernized NEPA process would enhance the ability to realize our shared goals of COVID-19 economic recovery and continued progress on environmental protections, including climate change.

Letters and Comments Feb 23, 2021

Madam Speaker:

The Independent Petroleum Association of America (IPAA) is opposed to H.R. 803, the “Protecting America’s Wilderness and Public Lands Act.” This bill creates nearly 1.5 million acres of new wilderness and permanently withdraws 1.2 million acres from mineral production. It is in direct opposition to the multiple use mandate given to the Department of the Interior to manage the federal estate. Many of the local communities impacted by this measure, including Garfield County in Colorado which has existing mineral leases and planned for further development, have raised significant concerns due to the elimination of multiple use of the land and the overall threat to local economies and rural jobs…

Letters and Comments Feb 16, 2021

Subject: Updates to the Social Cost of Carbon, Social Cost of Nitrous Oxide and Social Cost of Methane; Modernizing Regulatory Review Memorandum for Heads of Executive Departments and Agencies. 

Dear Acting Director Fairweather, Ms. Leonard, Dr. Fisher and Deputy Administrator Mancini: 

On January 20, President Biden signed Executive Order 13990, “Protecting Public Health and the Environment and Restoring Science to Tackle the Climate Crisis.”1 A key component of that order focuses on accounting for the benefits and costs of reducing greenhouse gas emissions, including revising guidance regarding the Social Cost of Carbon (SCC), Social Cost of Nitrous Oxide (SCN) and Social Cost of Methane (SCM). 

Under the order, the President has directed an interagency working group to update these estimates based in part on recommendations from the National Academies of Sciences (NAS). The group is tasked with publishing interim estimates of these economically significant values within 30 days of the Order and a final set of updated estimates by January 2022. 

The undersigned associations support the establishment of an Interagency Working Group on Social Cost of Greenhouse Gases (the “IWG”) with broad interagency representation. We encourage the IWG to adhere objectively and comprehensively to the directed mission and methodology to “consider recommendations of the National Academies of Science, Engineering, and Medicine as reported in Valuing Climate Damages: Updating Estimation of the Social Cost of Carbon Dioxide (2017).” 

However, it is not clear what the process is to solicit public and stakeholder input for developing the interim estimates presumably by February 19, 2021 or final estimates by January 2022…

…In summary, we believe that the directives associated with updating these values should adhere to rigorous methodology including ample channels and opportunities for public and stakeholder input. 

As members of the regulated community, we look forward to participating in this process.

Letters and Comments Dec 29, 2020

The Office of the Comptroller of the Currency (OCC) solicits comments on issues related to the fair access to financial services related to potential actions taken by the largest banks that might categorically exclude certain sectors or industries from access to the capital they need to develop their businesses. …

Unfortunately, for the past several years, America’s essential oil and natural gas production industry has become a target for several “Keep It in the Ground” environmentalist lobbying operations. These organizations have turned from their historic regulatory focus to a broader arena of actions including attacking capital sources.

IPAA is the industry's strongest presence in the nation's capital and these are important times. The entire oil and gas industry remains under fire from anti-development groups; but with these challenges arise unique opportunities that IPAA is seizing for our members.