OVERNIGHT ENERGY: Supreme Court rules that pipeline can seize land from New Jersey | Study: EPA underestimated methane emissions from oil and gas development | Kevin McCarthy sets up task forces on climate, other issues

OVERNIGHT ENERGY: Supreme Court rules that pipeline can seize land from New Jersey | Study: EPA underestimated methane emissions from oil and gas development | Kevin McCarthy sets up task forces on climate, other issues
© Greg Nash

HAPPY TUESDAY! 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 at @BudrykZack

Today we’re looking at the Supreme Court ruling in favor of the PennEast pipeline in its land dispute with New Jersey, a study questioning the EPA’s methane accounting and a new GOP climate task force. 

EVERYTHING IS LEGAL IN NEW JERSEY: Supreme Court rules that pipeline can seize N.J. land

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The Supreme Court ruled Tuesday that the PennEast pipeline can seize land from the state of New Jersey for its construction, a win for the natural gas vessel. 

The 5-4 decision wasn’t split along ideological lines in the case that pitted fossil fuel interests against states’ rights. 

The majority opinion, penned by Chief Justice John Roberts and joined by Justices Stephen BreyerStephen BreyerSenate panel votes to make women register for draft Biden's belated filibuster decision: A pretense of principle at work Klobuchar: If Breyer is going to retire from Supreme Court, it should be sooner rather than later MORE, Samuel AlitoSamuel AlitoNo reason to pack the court Justice or just desserts? Trump, Cosby and Georgia cases show rising cost of political litigation House Democrats introduce bill restoring voting provision after SCOTUS ruling MORE, Sonia SotomayorSonia SotomayorSenate panel votes to make women register for draft No reason to pack the court Supreme Court ruling opens door to more campaign finance challenges MORE and Brett KavanaughBrett Michael KavanaughKavanaugh conspiracy? Demands to reopen investigation ignore both facts and the law On The Money: Yellen to Congress: Raise the debt ceiling or risk 'irreparable harm' | Frustration builds as infrastructure talks drag Christine Blasey Ford's lawyers blast FBI's Kavanaugh investigation as 'sham' MORE, argued that the federal government can deputize private entities like the PennEast Pipeline Company to seize land under the federal government’s eminent domain rights. 

Getting into the legal stuff: The five justices rejected New Jersey’s argument that the pipeline company taking its land violated its sovereign immunity protecting it from lawsuits, including property condemnation suits, and argued that the state gave up its ability to evade eminent domain by ratifying the Constitution. 

The other side: The four dissenting justices, in an opinion written by Justice Amy Coney BarrettAmy Coney BarrettAbortion rights face most difficult test yet at Supreme Court Overnight Health Care: Biden officials says no change to masking guidance right now | Missouri Supreme Court rules in favor of Medicaid expansion | Mississippi's attorney general asks Supreme Court to overturn Roe v. Wade Mississippi's attorney general asks Supreme Court to overturn Roe v. Wade MORE, argued that permitting the company to take the state’s land through eminent domain violates court precedent which has determined that the Constitution doesn’t allow for Congress to interfere with states’ sovereign immunity. 

What comes next: PennEast cheered the court’s ruling in a statement, saying completion of the approximately 120-mile vessel will be good for consumers while New Jersey’s attorney general pledged to keep up the fight against it.

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Read more about the decision here. 

METHANE ON THE BRAIN:  Study: EPA underestimated methane emissions from oil and gas development

The Environmental Protection Agency (EPA) has underestimated methane emissions caused by oil and gas production by as much as 76 percent, according to research published Tuesday in the Journal of Geophysical Research: Atmospheres.

The assessment found emissions at levels between 48 percent and 76 percent higher than the EPA's estimates.

How’d they find that? Researchers from Pennsylvania State University collected data in the mid-Atlantic, mid-South and central Midwest of the U.S. from 2017 to 2019, tracking the movement of carbon dioxide, methane and ethane within weather systems. They then studied ethane-to-methane ratios from oil and gas production basins and compared to them an EPA inventory of those emissions

What the EPA has to say: In a statement to The Hill, the EPA said its greenhouse gas emissions inventory methods are continually updated based on stakeholder feedback.

"Given the variability of practices and technologies across oil and gas systems and the occurrence of episodic events, it is possible that the EPA’s estimates do not include all methane emissions from abnormal events," an agency spokesperson said.

"For many equipment types and activities, the EPA’s emission estimates include the full range of conditions, including 'super-emitters.' For other situations, where data are available, emissions estimates for abnormal events are calculated separately and included in the GHG Inventory," the spokesperson added. "The EPA continues to work through its stakeholder process to review new data from the EPA’s Greenhouse Gas Reporting Program (GHGRP) and research studies to assess how emissions estimates can be improved."

Read more about the study here. 

REPUBLICANS: ASSEMBLE! Kevin McCarthyKevin McCarthySunday shows preview: Bipartisan infrastructure talks drag on; Democrats plow ahead with Jan. 6 probe Democrats question GOP shift on vaccines Has Trump beaten the system? MORE sets up task forces on climate, other issues

House Minority leader Kevin McCarthy’s (R-Calif.) office announced the formation of seven issue-specific task forces on Tuesday, including a task force focused on energy, climate and conservation. 

The task forces will identify and develop policy solutions to the issues, his office said. 

Rep. Garret GravesGarret Neal GravesSome Democrats put activism over climate action OVERNIGHT ENERGY: Supreme Court rules that pipeline can seize land from New Jersey | Study: EPA underestimated methane emissions from oil and gas development | Kevin McCarthy sets up task forces on climate, other issues Haaland: No plan 'right now' for permanent drill leasing ban MORE (R-La.), who is also the top Republican on the House Climate Crisis Committee,  will lead fourteen other lawmakers in energy, climate and conservation group. 

The other members are Reps. Debbie Lesko (Ariz.), Dan CrenshawDaniel CrenshawSix takeaways: What the FEC reports tell us about the midterm elections Controversy equals cash for Greene, Gaetz There's 'something wrong with our bloody ships today' MORE (Texas), John Curtis (Utah), Jeff DuncanJeffrey (Jeff) Darren DuncanNoem to travel to South Carolina for early voting event OVERNIGHT ENERGY: Supreme Court rules that pipeline can seize land from New Jersey | Study: EPA underestimated methane emissions from oil and gas development | Kevin McCarthy sets up task forces on climate, other issues GOP lawmaker demands review over FBI saying baseball shooting was 'suicide by cop' MORE (S.C.), David McKinleyDavid Bennett McKinleyOVERNIGHT ENERGY: Supreme Court rules that pipeline can seize land from New Jersey | Study: EPA underestimated methane emissions from oil and gas development | Kevin McCarthy sets up task forces on climate, other issues Bipartisan lawmakers back clean electricity standard, but fall short of Biden goal The Hill's Morning Report - Presented by Facebook - Senate path uncertain after House approves Jan. 6 panel MORE (W.Va.), Dusty Johnson (S.D.), Randy Feenstra (Iowa), Blake Moore (Utah), Pete StauberPeter (Pete) Allen StauberOVERNIGHT ENERGY: Supreme Court rules that pipeline can seize land from New Jersey | Study: EPA underestimated methane emissions from oil and gas development | Kevin McCarthy sets up task forces on climate, other issues Gosar is the Republican that Democrats want to avoid 3 congressmen on Air Force One with Trump took commercial flight after president's diagnosis MORE (Minn.), Yvette Herrell (N.M.), Brian MastBrian Jeffrey MastEthics panel upholds 0 mask fines against Greene, other GOP lawmakers 2021 marks deadliest year for manatees in Florida recorded history OVERNIGHT ENERGY: Supreme Court rules that pipeline can seize land from New Jersey | Study: EPA underestimated methane emissions from oil and gas development | Kevin McCarthy sets up task forces on climate, other issues MORE (Fla.), Michael BurgessMichael Clifton BurgessOVERNIGHT ENERGY: Supreme Court rules that pipeline can seize land from New Jersey | Study: EPA underestimated methane emissions from oil and gas development | Kevin McCarthy sets up task forces on climate, other issues Texas Republicans condemn state Democrats for response to official calling Scott an 'Oreo' Americans have decided to give professionals a chance MORE (Texas), Glenn ThompsonGlenn (G.T.) W. ThompsonOVERNIGHT ENERGY: Supreme Court rules that pipeline can seize land from New Jersey | Study: EPA underestimated methane emissions from oil and gas development | Kevin McCarthy sets up task forces on climate, other issues Stefanik shake-up jump-starts early jockeying for committee posts READ: The Republicans who voted to challenge election results MORE (Pa.), Stephanie Bice (Okla.). 

“When Republicans retake the majority, we will come prepared to implement policies that will actually solve problems and improve people’s lives. That is why earlier this year I informed the conference that we would be rolling out Republican Task Forces designed to tackle the several crises that currently threaten our great nation,” McCarthy said in a statement. 

DO YOU LIKE EVENTS? WE’VE GOT TWO TOMORROW.

Telos: ESG and Corporate Responsibility in America — Wednesday, June 30 starting at 1:00 PM ET

Join The Hill on Wednesday, June 30 for a national summit on Environmental, Social, and Governance  (ESG) with CEOs, regulators, investment experts, activists, and others leading the way towards purpose-driven business models. It’ll feature Sen. Sherrod BrownSherrod Campbell BrownSunday shows preview: Bipartisan infrastructure talks drag on; Democrats plow ahead with Jan. 6 probe White House on Cleveland Indians' name change: 'We certainly support their change of name' Key Biden ally OK with dropping transit from infrastructure package MORE (D-OH), Rep. French HillJames (French) French HillTop Democrat leads bipartisan trip to Middle East The Hill's Morning Report - Bidens to visit Surfside, Fla., collapse site On The Money: Pelosi rebuffs McConnell on infrastructure | White House mounts full-court press on infrastructure deal | Supreme Court leaves CDC eviction moratorium intact MORE, Rep. Yvette ClarkeYvette Diane ClarkeHouse passes host of bills to strengthen cybersecurity in wake of attacks Haiti Caucus: Forging path out of crisis will not be quick, but necessary to avoid false 'democracy' US lawmakers express shock at Haitian president's assassination MORE, UN Global Compact CEO Sanda Ojiambo and more.  RSVP today. 

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The Road to Zero-Emission Trucks: Charging Infrastructure — Wednesday, June 30 starting at 3:15 PM ET

Join The Hill on June 30th for the kickoff event in a series examining the future of electric trucks with an emphasis on the EV charging infrastructure supply chain, federal initiatives for large-scale charging installations and health and equity concerns for frontline communities. Rep. Yvette Clarke, AutoGrid CEO Amit Narayan and more join The Hill's Steve Clemons. RSVP today.

ALSO ON TAP TOMORROW:

  • The House Natural Resources Committee will hold a hearing titled “Toxic Coal Ash: Adverse Health Effects from the Puerto Rico Plant and Options for Plant Closure”
  • The House Climate Crisis committee will hold a hearing on transportation investments
  • The House Natural Resources Committee will hold a hearing on compensating residents of the Vieques, Puerto Rico, for health impacts of military operations 

WHAT WE’RE READING:

The land was worth millions. A Big Ag corporation sold it to Sonny PerdueSonny PerdueOVERNIGHT ENERGY: Supreme Court rules that pipeline can seize land from New Jersey | Study: EPA underestimated methane emissions from oil and gas development | Kevin McCarthy sets up task forces on climate, other issues The Hill's Morning Report - Presented by Facebook - Georgia election day is finally here; Trump hopes Pence 'comes through for us' to overturn results Civil war between MAGA, GOP establishment could hand Dems total control MORE’s company for $250,000, The Washington Post reports

Why FEMA Aid Is Unavailable To Many Who Need It The Most, NPR reports

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Minnesota sheriff barricades pipeline resistance camp’s driveway, The Intercept reports

Bangladesh scraps plans to build 10 coal-fired power plants, Reuters reports

Canadian government says by 2035 all new cars, light-duty trucks sold there will be electric, The Globe and Mail reports

ICYMI: Stories from  Tuesday…

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Supreme Court rules that pipeline can seize land from New Jersey

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