43
Sierra Club next contends that the proposed Liquefaction Facility will harm U.S. workers
and the domestic economy. Sierra Club maintains that the available evidence, including the
NERA Study, indicates that the proposed exports will decrease wages and make most U.S.
families worse off financially—particularly given the expected job losses in energy intensive
industries.
157
Even in regions where exports spur additional natural gas production, Sierra Club
contends that the resulting temporary growth in jobs likely will lead to long-term economic
decline, as the regions suffer from the “resource curse” and” boom-bust” cycle that plague
extractive economies. Moreover, Sierra Club contends that LNG exports will promote a
regressive transfer of wealth, from wage earning households to shareholders in the natural gas
industry.
158
For these reasons, Sierra Club contends that DOE/FE cannot rely on the 2012 NERA
Study’s broad conclusion that the United States will experience net economic benefits from LNG
exports. Sierra Club states that this conclusion rests on a forecast of net GDP growth. Sierra
Club submits that other economic studies—such as a working paper prepared by Purdue
University economists Kemal Sarica and Wallace E. Tyner—found that exports would cause a
net reduction in GDP.
159
Sierra Club also maintains that the NERA Study excluded certain
factors that would drive down GDP. These excluded factors, according to Sierra Club, include
the environmental impacts (and associated costs) of natural gas production, processing, and
liquefaction. Sierra Club claims that the economic costs of environmental harm erodes the net
benefit that NERA predicts, even if such costs can be difficult to monetize.
160
157
See id. at 66.
158
See id. at 66-69.
159
See id. at 70 & n.277.
160
See id. at 70-71.
44
In sum, Sierra Club asserts that DOE/FE cannot rationally approve the Application based
on the record before it. If DOE/FE nonetheless approves the Application, Sierra Club argues that
DOE/FE must impose rigorous monitoring conditions, to include monitoring of regional and
national economic dislocations and disruptions caused by natural gas extraction, national
increases in natural gas and electricity prices (and resulting shifts to more polluting fuels), and
related environmental impacts.
161
F.
Delfin’s Consolidated Response
On June 11, 2014, Delfin filed a consolidated response (Response) to the comments and
protests submitted by Sierra Club, APGA, V4EI, and API. Delfin notes that API fully supports
Delfin’s Project. Delfin states that Sierra Club, APGA, and V4EI oppose the Project, not based
on any specific features of the Project but rather based on their general opposition to LNG
exports and, in the case of Sierra Club, to increased natural gas production. Delfin asserts that
these protests focus largely on matters beyond the scope of the issues to be resolved by DOE/FE
in this proceeding, and ultimately fail to overcome the presumption that Delfin’s proposed LNG
exports are in the public interest.
1.
Protestors’ Interests are Insufficient to Justify Intervention
Delfin argues that the protestors’ interests are insufficient to justify intervention in this
proceeding. According to Delfin, the motions filed by Sierra Club, APGA, and V4EI contain
only generalized statements of interest that fail to justify their interventions in this proceeding.
Delfin states that, although Sierra Club claims a portion of its members live and work in the State
of Louisiana, neither APGA nor V4EI specify any specific interest in Delfin’s proposed
Liquefaction Facility. Delfin contends that none of the interests expressed by the protestors are
161
See id. at 71-73.
45
sufficiently particularized to Delfin’s Project to create a legally cognizable right that warrants
granting intervention. Delfin further contends that the protestors appear to have only general
opposition to all liquefaction and export of U.S. natural gas, no matter the geography, design, or
other facts in any one proceeding. Delfin argues that, for these reasons, DOE/FE should deny
these motions to intervene.
2.
Delfin’s Proposed Exports Are Consistent with the Public Interest
Delfin argues the protestors’ claims fail to provide any basis to conclude Delfin’s
proposed exports would be inconsistent with the public interest. Delfin states that, pursuant to
Section 3(a) of the NGA, DOE/FE “shall issue” an order authorizing natural gas exports unless it
finds that the proposed exportation “will not be consistent with the public interest.”
162
Delfin
contends that, to overcome this rebuttable presumption, an opponent must affirmatively
demonstrate that the proposal is inconsistent with the public interest. Delfin asserts that the
protests focus on issues that are common to all LNG export projects, and that neither Sierra Club
nor APGA have advanced any new or Delfin-specific arguments. Instead, Delfin asserts these
protestors “have simply regurgitated their familiar arguments that have been repeatedly rejected
by DOE/FE.”
163
Delfin asserts V4EI similarly raises generic policy arguments.
Delfin also urges DOE/FE to reject the protestors’ challenge to Delfin’s evidence that the
Liquefaction Facility will generate economic benefits for the United States. Delfin asserts that
the evidence in the record shows that U.S. LNG exports will provide net economic benefits to the
United States, despite protestors’ general claims that LNG exports will not result in economic
benefits.
162
Delfin Response at 11.
163
Id.
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