SPONSORED:

OVERNIGHT ENERGY: Supreme Court declines to hear challenge to Obama marine monument designation | Interior reverses course on tribal ownership of portion of Missouri river | White House climate adviser meets with oil and gas companies

OVERNIGHT ENERGY: Supreme Court declines to hear challenge to Obama marine monument designation | Interior reverses course on tribal ownership of portion of Missouri river | White House climate adviser meets with oil and gas companies
© Getty Images

HAPPY SPRING TO THOSE WHO CELEBRATE. Welcome to Overnight Energy, your source for the day’s energy and environment news. 

Please send tips and comments to Rachel Frazin at rfrazin@thehill.com. Follow her on Twitter: @RachelFrazin. Reach Zack Budryk at zbudryk@thehill.com or follow him on Twitter: @BudrykZack. Signup for our newsletter and others HERE

 

ADVERTISEMENT

SEND THE MARINES: Supreme Court declines to hear challenge to Obama marine monument designation

The Supreme Court has declined to hear a challenge to former President Obama’s designation of a national monument 130 miles off the coast of Cape Cod, Mass.

Chief Justice John Roberts wrote in a statement issued Monday that “despite concerns” about the designation of the Northeast Canyons and Seamounts Marine National Monument, the lawsuit does not “satisfy our usual criteria” for reviewing cases.

Roberts explains his ruling: “To date, petitioners have not suggested what this critical statutory phrase means or what standard might guide our review of the President’s actions in this area,” Roberts wrote. 

His decision upholds a 2019 appeals court ruling in favor of the monument. 

Obama established the monument in 2016 to protect deep sea environments and marine life. 

Read more about the ruling.

ADVERTISEMENT

 

MISSOURI BUSINESS: Interior reverses course on tribal ownership of portion of Missouri river

The Interior Department has reversed a Trump administration decision determining that a portion of the Missouri River was under the jurisdiction of the state of North Dakota rather than a Native American reservation.

Trump officials had concluded a part of the river that flows through the Berthold Indian Reservation was within the state’s jurisdiction rather than that of the Mandan, Hidatsa and Arikara Nation, the reservation’s three affiliated tribes.

Interesting timing: The opinion comes days after Interior Secretary Deb HaalandDeb HaalandOVERNIGHT ENERGY: Dakota Access pipeline to remain in operation despite calls for shutdown | Biden hopes to boost climate spending by B | White House budget proposes .4B for environmental justice Haaland return sets up Biden decision on Utah national monuments shrunk by Trump Biden hopes to boost climate spending by billion MORE became the first Native American Cabinet secretary. Native groups have expressed hope that Haaland’s confirmation will mean they have an ally in the department on issues affecting tribes.

“The previous administration’s M-Opinion overturned decades of existing precedent holding that the Missouri riverbed belonged to the Mandan, Hidatsa, and Arikara (MHA) Nation,” an Interior spokesperson said in a statement. “Today’s action will allow us to review the matter and ensure the Interior Department is upholding its trust and treaty obligations in accordance with the law.” 

The origins of the dispute: The earlier opinion is the subject of a legal challenge by the tribe in the District Court for the District of Columbia, according to the department. The court has granted the Interior Department a stay to review that opinion.

North Dakota has maintained the state owns the mineral rights to the portion of the river while the tribes have asserted legal precedent dating back to 1936 that gives them ownership.

Read more about the case here.

 

GRID YOUR TEETH: Moniz says Texas blackouts show need to protect infrastructure against climate change

Former Energy Secretary Ernest MonizErnest Jeffrey MonizOVERNIGHT ENERGY: Supreme Court declines to hear challenge to Obama marine monument designation | Interior reverses course on tribal ownership of portion of Missouri river | White House climate adviser meets with oil and gas companies Moniz: Texas blackouts show need to protect infrastructure against climate change The Hill's Morning Report - Biden: Back to the future on immigration, Afghanistan, Iran MORE on Monday told lawmakers that recent extreme weather events in Texas underscored the need to better incorporate climate change risks into energy infrastructure.

“Climate change means that the weather patterns of the past are not adequate to inform those of the future,” Moniz said at a hearing hosted by the House Energy and Commerce Committee.

Advice for the future: “Research,  development,  and  demonstration  of  grid  resilience  technologies  will  be  critically important to preserving reliability, an essential role of the federal government,” he added.

ADVERTISEMENT

Moniz, who served during the Obama administration, noted that both the failure of the Texas grid and rolling blackouts in parts of California were indicative of the need to protect energy infrastructure from extreme climate events.

Read more about Moniz’s testimony here.

 

FRIENDS OR FRENEMIES: White House climate adviser meets with oil and gas companies

National climate adviser Gina McCarthyGina McCarthyBiden climate officials make case for infrastructure based on jobs, environment Biden clean electricity standard faces high hurdles OVERNIGHT ENERGY: Supreme Court declines to hear challenge to Obama marine monument designation | Interior reverses course on tribal ownership of portion of Missouri river | White House climate adviser meets with oil and gas companies MORE on Monday met virtually with leadership from oil and gas companies to discuss “shared priorities,” according to a readout from the White House.

The readout, which did not specify which companies or individuals participated, said that these priorities included climate change, protecting and creating jobs and ensuring that the U.S. is a leader on clean energy. 

McCarthy “made clear that the Administration is not fighting the oil and gas sector, but fighting to create union jobs, deploy emission reduction technologies, strengthen American manufacturing, and fuel the American economy,” according to the White House. 

ADVERTISEMENT

The background on the meeting: The meeting comes amid tensions between the White House and some in the industry over moves like putting a temporary pause on new leases for oil and gas drilling on public lands.

That pause is pending a review from the administration of its oil and gas program, and the Interior Department will hold a forum this week where groups representing industry, tribal and environmental viewpoints will speak.

 Read more about the meeting here.

 

FORUM ME, NOT FOR THEE: Senate GOP pushes back on list of participants in oil and gas leasing forum

Republicans on the Senate Committee on Energy and Natural Resources are raising objections to the Interior Department’s list of participants for a forum on federal oil and gas leases. 

In a letter sent Monday, Republicans on the panel accused the department of deliberately excluding Republican governors of energy-producing states. The forum, set for March 25, will review the Biden administration’s moratorium on new oil and gas leases on federal lands.

ADVERTISEMENT

“We believe that you have intentionally limited the right for the public to participate, including state-wide elected officials, namely the governors of our states,” says the letter. 

GOP senators signing the letter included Sen. John BarrassoJohn Anthony BarrassoSunday shows preview: Democrats eye passage of infrastructure bill; health experts warn of fourth coronavirus wave Lack of cyber funds in Biden infrastructure plan raises eyebrows As Congress considers infrastructure, don't forget rural America MORE (Wyo.), the panel's ranking member, as well as Sens. Cynthia LummisCynthia Marie LummisAs Congress considers infrastructure, don't forget rural America OVERNIGHT ENERGY: Supreme Court declines to hear challenge to Obama marine monument designation | Interior reverses course on tribal ownership of portion of Missouri river | White House climate adviser meets with oil and gas companies Senate GOP pushes back on list of participants in oil and gas leasing forum MORE (Wyo.), Steve DainesSteven (Steve) David DainesTrump faces test of power with early endorsements OVERNIGHT ENERGY: Supreme Court declines to hear challenge to Obama marine monument designation | Interior reverses course on tribal ownership of portion of Missouri river | White House climate adviser meets with oil and gas companies Senate GOP pushes back on list of participants in oil and gas leasing forum MORE (Mt.), Bill CassidyBill CassidyCalls grow for national paid family leave amid pandemic Senators urge Energy chief to prioritize cybersecurity amid growing threats Vivek Murthy confirmed as surgeon general MORE (La.), Jim RischJim Elroy RischGOP lawmakers block Biden assistance to Palestinians Lack of cyber funds in Biden infrastructure plan raises eyebrows The Hill's Morning Report - Biden shifts on filibuster MORE (Idaho), John HoevenJohn Henry HoevenOVERNIGHT ENERGY: Supreme Court declines to hear challenge to Obama marine monument designation | Interior reverses course on tribal ownership of portion of Missouri river | White House climate adviser meets with oil and gas companies Senate GOP pushes back on list of participants in oil and gas leasing forum Small cities fret over feds redefining metro areas MORE (N.D.), John CornynJohn CornynOVERNIGHT ENERGY: Dakota Access pipeline to remain in operation despite calls for shutdown | Biden hopes to boost climate spending by B | White House budget proposes .4B for environmental justice 2024 GOP White House hopefuls lead opposition to Biden Cabinet Number of migrants detained at southern border reaches 15-year high: reports MORE (Texas), and Kevin CramerKevin John CramerBiden administration faces big decision on whether to wade into Dakota Access fight OVERNIGHT ENERGY: Supreme Court declines to hear challenge to Obama marine monument designation | Interior reverses course on tribal ownership of portion of Missouri river | White House climate adviser meets with oil and gas companies Senate GOP pushes back on list of participants in oil and gas leasing forum MORE (N.D.).

Read more about the letter here.

 

IS IT INFRASTRUCTURE WEEK YET? The New York Times and The Washington Post on Monday reported that the White House is preparing a $3 trillion infrastructure and jobs package that could have major investments in the fight against climate change. 

Specifically, The Post reported that the proposal devotes $400 billion to preventing climate change, including: $60 billion for green transit infrastructure, $46 billion for climate-related R&D. It also reportedly aims to boost the availability of electric vehicle charging stations. 

 

ON TAP TOMORROW:

 

WHAT WE’RE READING:

FOIA docs raise questions about interference in wind project, E&E News reports

Federal regulators in some cases don’t know for sure whether California oil companies are obeying the law, The Desert Sun and ProPublica report

A Colorado county may have a model for the nation’s conservation efforts, The Denver Post reports

EPA deal with Ala. polluter undercuts Biden equity pledge, E&E News reports

 

ICYMI: Stories from Monday and the weekend…

Senate GOP pushes back on list of participants in oil and gas leasing forum

Moniz: Texas blackouts show need to protect infrastructure against climate change

Interior reverses course on tribal ownership of portion of Missouri River

Supreme Court declines to hear challenge to Obama marine monument designation

Japan issues tsunami warning after major quake rocks country



FROM THE HILL’S OPINION PAGES

Why the US should care about the China-India 'blackout war' by Peter Pry of the Task Force on National and Homeland Security