Fossil fuel regulations are part of the energy policy in the United States and have gained major significance with the nation's strong dependence on fossil fuel-based energy. Regulatory processes are established at the federal and state level due to the immense economic, socio-political and environmental impact of fossil fuel extraction and production. Over 80% of the United States' energy comes from fossil fuels such as coal, natural gas, and oil. The Bush administration was marked by the Energy Policy Act of 2005, which provided a monetary incentive for renewable energy adoption and addressed the issue of climate change. The Obama administration was made up of advocates for renewable energy and natural gas, while Donald Trump built his campaign on promises to revive the coal industry.
Oil, gas, and coal companies have been at odds with policy makers who have supported a wider implementation of renewable energy, with the former often spending millions of dollars to lobby against cleaner energy. On February 22, 2017 The Washington Post reported Scott Pruitt's potential conflicts of interest regarding the fossil fuel industry as he began his term as the appointed head of the EPA as part of the Trump administration. Fossil fuel emission disproportionately affects working class, poor and minority populations. The people most adversely affected also have the least political influence and least access to health care.
Phase out regulations
The term "phasing out" describes the gradual decrease in dependence on using fossil fuels as a major source of energy in the United States. Since the Obama administration, there has been a nationwide push to move from fossil fuels to green alternatives. A gradual move towards renewable energy, such as wind and solar, has led to a decline in the use of fossil fuels because of their contribution to greenhouse gases. Reasons for this shift include lower costs for natural gas, Cap-and-trade policies, and a carbon tax in some areas of the country.
Resistance against phase out regulations
For much of the United States' history, fossil fuels have been a major energy source. While phasing out these fossil fuels will benefit the world climate in the long run, little has been done to stop burning fossil fuels and emitting into the atmosphere. If the United States effectively phases out fossil fuels, tons of energy in the form of oil, coal, and natural gas will be left untouched under the surface of the ground. Although this energy source is limited, companies and workers continue to drill into the Earth to extract it all.
Phasing out during the Obama administration In August 2015, President Obama and his administration passed legislation to cut emissions from coal power plants. The goal of this legislation is to become more dependent on clean energy such as wind and solar power. The Environmental Protection Agency (EPA) set a benchmark of reducing emissions by 32% by 2030 from their 2005 levels. This plan and end goal became known as the Clean Power Plan.
Company and worker response The main issue in dealing with the fossil fuel phase-out has been job loss. Companies in the fossil fuel industry have begun to experience the effects of the phasing-out of fossil fuels like coal. For example, Consol Energy, originally a coal-producing company, has begun the transition to becoming a natural gas producer. Not only does this shift affect its current role in the coal industry but it also has led to employment cuts. With the shuttering of coal plants, the National Rural Electric Cooperative Association estimates that over one million jobs will be lost. With the coal industry aging, many coal mines are deteriorating and becoming costly to keep running. As a result, coal plants are no longer a reliable, go-to energy source for the United States.
Controversies (within the Trump administration)
Many of Donald Trump's nominees for positions within his cabinet dispute proven facts about climate change. They include Scott Pruitt for the head of the EPA who as an Oklahoma attorney general repeatedly sued the EPA over its rules. Since becoming the head of the EPA, Pruitt has been running on an agenda solely concerned to bring jobs to the coal mining industry despite many of these mines having violated legislation protecting the environment (e.g. the Clean Water Act). Following the United Nations Climate Treaty, signed by 200 nations in 2015, Trump's actions are a distinct step backwards from phasing out fossil fuels. Most notably, on March 28, 2017, Trump signed the Energy Independence Executive Order designed to get rid of the Clean Power Plan initiated by President Obama. As a result, any previous action and steps taken to stop climate change will not be sustained. Trump has also promised to bring back the coal industry despite most greenhouse gases coming from coal-based power plants.
Oil regulations The majority of oil and gas regulations in the United States determine at what points in the processing procedure different organizations can claim ownership of the material. Regulations tend to state that whoever owns land has ownership of resources there. States and eventually the federal government then have authority over the areas over which they have jurisdiction. The Occupational Safety and Health Administration within the U.S. Department of Labor is in charge of regulating oil extraction. The oil industry in the United States is run by a series of privately owned companies.
Concerns and related regulations
Oil spills
The National Oceanic and Atmospheric Administration within the United States Department of Commerce developed a graphic of the largest oil spills impacting U.S. waters up since 1969. Since 2000, the largest spill has been the Deepwater Horizon oil spill of 2010. With the exception of Kalamazoo River (2010), all other major spills have occurred around the Gulf of Mexico.
In May 2010, the United States Department of the Interior called for an end to drilling in the area of the Deepwater Horizon oil spill. Despite pushback from oil companies and states, the Supreme Court ruled to keep the moratorium in place until October 2010. BP agreed to financial compensation for the damage they caused, including payouts to the Deepwater Horizon Oil Spill Trust. Regulations drafted after the accident required oil companies to update their safety equipment, including blowout preventers. This measure was criticized as too costly to integrate and thus harmful to industry and job growth, so it has been weakly enforced.
Despite actions taken, the region has been slow to recover. During the moratorium, there was a decrease in employment in the oil industry along the Florida Coast and a net increase in employment in Louisiana, which also received more concern from the oil industry. Coastal areas were impacted economically more than inland areas. The Louisiana fishing industry was shown to still be damaged by the spill years after it had occurred. Oyster numbers in particular have dropped significantly in the region. Other at risk species used as sustenance include speckled trout, crabs, and mullet. Due to proximity to the spill site, Louisiana bore the brunt of clean up efforts. BP decided on the oil dissolving chemical Corexit which was shown by the United States Environmental Protection Agency to be neither the most or least toxic option. Criticisms of the use of the chemical included health impacts on humans, such as headaches, vomiting, and reproductive problems.
The Kalamazoo River oil spill, the first major dilbit spill, occurred in June 2010 in Calhoun County, Michigan, and led to "the largest on-land spill in American history" at the time. The pipeline company Enbridge promised to improve safety measures and agreed to pay $177 million to resolve their violations of the Clean Water Act and Oil Pollution Act including additional fines to cover other spills and clean-up costs after an investigation by the U.S. Department of Justice and the Environmental Protection Agency. Although Enbridge purchased 148 houses plus land and mobile homes along the spill route, some residents did not return to the area. The County Director of Emergency management believed "the majority of people living along the river won't be impacted by the settlement." The city of Battle Creek, Michigan sits in the middle of the area where damage from the spill occurred; 21.7% of its population is below the poverty line compared to 17.5% for Calhoun County and 18.3% for Kalamazoo County where the oil eventually flowed. The percentage of the population of Michigan below the poverty line is 16.7%. Under section 311(c) of the Clean Water Act, the EPA was able to order Enbridge to finish cleaning up the oil spill. Although no specific regulations for dilbit oil have been proposed, in 2013 when plans for the Keystone XL Pipeline were being developed, the EPA recommended that the State Department “include means to address the additional risks of releases that may be greater for spills of dilbit than other crudes” in response to the damages caused by the Kalamazoo River oil spill. Dilbit oil more readily evaporates from the surface of water than normal crude oil, and after this evaporation occurs the remaining product sinks faster.
Oil workers' rights
The Occupational Safety and Health Administration within the U.S. Department of Labor sets the requirements oil companies must abide by for the treatment of their employees; among them, that "employers provide their employees with safe and healthful workplaces", and that the employer must be held responsible should an employee be denied their rights. Title VII of the Civil Rights Act of 1964, which prevents a company from not hiring someone on the basis of race, sex, religion, or national origin applies to oil rig workers. Because oil rig workers can be working outside where OSHA has jurisdiction within mainland U.S., state or maritime laws may apply instead in cases of unemployment, security checks, and safety regulations with responsibilities falling on the Transportation Security Administration, FBI, Bureau of Ocean Energy Management, and the U.S. Coast Guard. The United Steelworkers union also advocates for employees of the oil industry.
As of 2015, there is no stringent enforcement of overtime or hazard pay. Workers have also complained about the lax attitude of refineries toward the improvement of safety measures and equipment resulting in the 2015 United Steel Workers Oil Refinery strike. An agreement was eventually reached to determine more standardized safety regulations and to improve pay and health care costs. Such safety regulations are also important for fenceline communities which are disproportionately impacted by the pollution generated by refining facilities and in which people of color tend to be the majority. There has also been a historic precedence of siting refineries in existing communities of color. A bill introduced in 2006 was passed by the House of Representatives with the intent to expedite the siting process of states by offering federal assistance in the form of "expertise in fields relevant to consideration of federal refinery authorizations".
Pipelines