During the first few days of the new Administration, policy wonks across all sectors read the spate of Executive Orders with varying degrees of confusion, outrage, joy, indifference, or uncertainty. For actions related to energy, there were two major orders that gave us pause about how they could be applied to hydro-power projects, mining, and water exportation in general: Declaring A National Energy Emergency and Unleashing Energy Dominance.
Entities are trying to use these orders to their advantage. And while orders ask agencies to reconsider their existing regulations, federal regulators cannot disregard the existing rules because there has not yet been a process undertaken to change them.
Days after the release of the Executive Orders, the folks at rPlus — an entity working to permit a fossil-fuel powered pumped storage project in the beautiful yet resource-scarce Steptoe Valley — sent a letter to the Federal Energy Regulatory Commission asking it to skip a few steps in the regulatory review process — citing one of the orders as support.
This week we responded to FERC with a letter of our own, urging regulators to eschew rPlus’ request.
Nevertheless, the issue is that Executive Orders can’t undermine or sidestep laws. Administrative actions are not statute. GBWN has long believed that regulators should live within the bounds of statute. And these instances are no exception. We don’t know if companies are just trying to get a free pass. But when it comes to the waters within our purview, we won’t let that happen.