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FOR IMMEDIATE RELEASE
April 12, 2005
Contact: Diane Pratt-Heavner
(202) 226-7797

Rep. Jim Davis Fights to Protect Florida’s Shores

Energy bill weakens states’ ability to block drilling projects


WASHINGTON, DC – The Energy Policy Act chips away at states’ rights to beat back drilling and pipeline projects that can harm the local environment and economy. 

Today, during the U.S. House of Representative’s Energy and Commerce Committee mark-up of the bill, Congressman Jim Davis offered an amendment to strike language in the bill that threatens America’s environmental treasures. Although the amendment failed, Rep. Davis will continue his fight when the bill is brought to the House floor for a vote.

Under the Coastal Zone Management Act (CZMA), if a state considers a proposed energy project to conflict with the state’s coastal zone management plan, the state has the right to appeal to the U.S. Department of Commerce Secretary to have the project stopped. Recently, the law has allowed legislators in California to fight drilling projects that threaten both the quality of California’s pristine shores and the health of the coastal tourism industry. 

The Energy Policy Act would limit the information that the Secretary of Commerce would be allowed to review during an appeal and prohibit states from having their voices heard. In fact, the bill clarifies that only the Federal Energy Regulatory Commission would be allowed to provide information to be considered under the appeal.

“The Energy Policy Act gives corporations and drilling proponents an unfair advantage by stacking the energy project approval process completely against states and the local communities they are responsible for protecting,” said Congressman Jim Davis. “The Coastal Zone Management Act provides a fair and successful process for considering energy proposals and should not be haphazardly gutted by Congress.”

The proposed policy change would apply to all appeals under the Natural Gas Act, which governs drilling rig, drilling lease, gas pipeline and terminal projects. Since 1972, the Secretary of Commerce has heard 15 appeals from companies and states. In seven of those appeals, the Secretary settled in favor of the state appealing the proposed project. Under the Energy Policy Act, these states would have never had the chance to have their views considered. 

“When an energy project is being considered, decision makers should know the full impact of the proposal – including the impact on the environment, the economy and the local community,” said Rep. Davis. “Congress should not silence the very people who will be impacted most by these projects.” 


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