Sen. Shelley Capito one-upped her fellow West Virginian Sen. Joe Manchin this week, rolling out a bill she’s dubbed the “Simplify Timelines and Assure Regulatory Transparency,” or START, Act. The legislation, which is backed by dozens of her GOP colleagues, shows Capito is far more willing to bend to the whims of fossil fuel companies interested in building out even more damaging pipelines than Manchin may be. Manchin, meanwhile, still hasn’t revealed the text of his eerily similar ask. My colleague, Joan McCarter, has an excellent write-up on the political implications of Capito’s move. It’s what’s in the text of her bill that’s even more alarming to me.
The START Act enters into record that it will abide by the Clean Water Act—or what’s left of it once the Supreme Court rules on Sackett v. Environmental Protection Agency. The case could change the very definition of what the EPA is able to oversee when it comes to waterways of the U.S. With Capito’s bill, the federal government would have less of a role in energy infrastructure projects and the National Environmental Policy Act would look more like what the Trump administration envisioned it as. No longer would key components of energy infrastructure be taken into consideration in permitting, such as roadways leading to such projects.
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Fracking would take precedence over intended comment periods to consider the impact such damaging projects have on endangered species. No longer would there be a chance for projects previously approved to be rejected, and permits would be valid for much longer than is the current standard—extending by up to a decade. Hell, climate change would be more than an afterthought.
Capito’s bill essentially bars the social cost of carbon from being accounted for by forcing the metric to be reviewed by the Energy Information Administration to see if it raises gas prices. Whether contemporary data at the time of review finds a correlation or not, that’s precious time wasted that will probably be ignored in favor of approving even more oil and gas projects.
These “highlights” boasted by Capito from the bill are talking points with no real value for anyone but lawmakers like her. Thanks to Capito’s ardent support of oil and gas, she’s received hundreds of thousands of dollars in campaign donations from fossil fuel companies and those sympathetic to the industry, including trade groups and lobbyists.
A recent peek at FEC filings shows Capito scoring some key donations from the likes of Blackstone, whose recent major acquisition was nearly half ownership of a liquefied natural gas facility in May. As of this writing, the numbers show Manchin firmly in the lead when it comes to oil and gas companies willing to pay his way to another term with campaign donations, though that could change.
Both Capito and Manchin want a win in their home state through the Mountain Valley Pipeline, which both have promised to get expedited approval for. But it’s clear, based on the oil and gas companies that want a win from Capito and Manchin, that the fossil fuel industry is focused on keeping the U.S. dependent on it more than it’s interested in just one win for the Mountain Valley Pipeline. The START Act is an environmental nightmare. So, too, is Manchin’s side deal.
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