Friends,

Can you believe it is May 1st already!  Less than four weeks to the unofficial beginning of summer.  Although it kind of felt like summer this weekend, which worked out great for climate marchers on Saturday and my weekend sports activities.

There was a lot of sports and policy action this weekend in addition to the march.  We have a longer-term budget deal to get us to the end of the Fiscal year (October 1).  The Caps are struggling against the defending Cup champs Pittsburgh and, despite last night’s home loss, Edmonton with their young stars, looks great.   And in the Nats game yesterday, Anthony Rendon had a box score line for the ages, going 6-for-6 with 3 homers and 10 RBIs as the Nationals hammered the Mets 23-5.

All morning/afternoon we were in Delaware watching Olivia play field hockey, sprinkled in between watching Hannah’s NEWMAC lax playoff victory online.  But the big event was Saturday evening when I returned to attend the WH Correspondents Dinner thanks to my friends at the Dallas Morning News who were kind to invite me.  It was a fun evening despite the President not being there.  Hasan Minhaj was a little biting at times, but very funny overall.  It was good to see many of you there, including a bunch of my GWU SMPA students who were able to attend because of former CNN personality and current SMPA head Frank Sesno.  As usual, it was very crowded, so I’m sorry for those of who were there that I missed.

This week, the Senate tackles the budget deal.  There is still a lot of discussion in the White House regarding the Paris Climate Agreement and today a new analysis from former State legal advisor Susan Biniaz says the provisions of the Paris framework preserve national discretion over both a Party’s international target and its domestic policymaking. (I can send PDF if interested)  In the House, hearings Wednesday is the busy day with House Energy dealing with legislation including some good hydro legislation by Rep. Hudson making long-sought reforms to permitting of small conduit hydro projects.  House Transpo Tackles marine reforms and House Science looks at oil & gas technology innovation.  There has also be rumor floating around that we may see RFS RVOs this week, but that remains to be seen.

Finally, Friday is Cinco de Mayo, always a fun celebration commemorating the Mexican Army’s unlikely victory over French forces at the Battle of Puebla in 1862.  Then, on Saturday late afternoon, we return for the “most exciting two minutes in sports’ in the 143rd running of the Kentucky Derby.  As many of you know, I may have some interest in the track and I am providing the Kentucky Derby Preview below.  Call me if you need to place any bets.  I might know a guy…

Remember, don’t mix the cerveza and Mint Juleps.  After Friday and Saturday, we’ll need Sunday to recover. Call with questions…

 

Best,

Frank Maisano

(202) 828-5864

(202) 997-5932

 

KENTUCKY DERBY PREVIEW

This year, the 143rd Kentucky Derby should be wide open.  A number of big players have suffered injuries that have taken them off the track, including highly-touted Syndergaard, Klimt and Not This Time.  So expect big odds and the potential for a big payout.  Also this year, Bob Baffert will have no horses in the race for only second time since 2005, and it is likely that the winner will not be a California horse – which took the last four run for the roses.

So here we go:

I like McCraken.  He has been the steadiest of the favorites and seems healthy and strong.  He was second in Derby qualifying points and is well-rested with only two races in this year.  His home track is Churchill and he has won three races there.

Classic Empire is the clear favorite at 4-1, but he has been erratic and tends to struggle in a big pack that may do something crazy. He has an impressive resume as last year’s Breeders’ Cup Juvenile winner and champion 2-year-old.  He has missed a few weeks of training and has had minor injuries, but his willingness to train has been a red flag.

Hold off on points leader Girvin.  The Louisiana Derby winner has been struggling lately and may be not be fully-recovered from an earlier injury. Hence was an impressive winner of the important Grade III Sunland Derby on March 26th and is trained by Steve Asmussen.

Irap won the stacked Bluegrass Stakes on April 8th at 33-1 and is a stalker with good finishing speed.  Wood Memorial winner Irish War Cry is a New Jersey-bred horse won his first three races, including the Holy Bull Stakes Feb 4 at Gulfstream Park, leading from gate to wire in defeating Gunnevera and Classic Empire.

Tapwrit is good sleeper.  He’s a son of Tapit and he’s trained by legendary Todd Pletcher.  Another Pletcher sleeper with solid top 3 potential is Always Dreaming, who won the Florida Derby and likes to run from the front.   He should be perfect for your box bets.

Finally, Gunnevera should be on your radar.  He was second in the Florida Derby (from an outside post spot), won the Saratoga special in August last year, has a great jockey and is the son of Dialled In, who was a leading sire last year.  If you are looking at foreign horses, UAE Derby winner Thunder Snow is coming to Churchill and is in pretty good form. Sonneteer is the only maiden in the race which hasn’t seen a maiden win since Brokers Tip in 1933.

The Derby field will likely change some until Wednesday, when the post draw occurs. Here is the Full Field.  Post time: 6:34 Saturday.  This year, Harry Connick Jr sings the National Anthem and leads “My Old Kentucky Home.

 

FRANKLY SPOKEN

“The Paris Agreement has no bearing on whether domestic law allows the President to scrap the Clean Power Plan. Under the Charming Betsy doctrine, courts are supposed to interpret domestic law, wherever possible, to be consistent with international law. But since neither downward revision of the U.S. NDC nor withdrawal of the Clean Power Plan would violate international law, the Charming Betsy doctrine would be inapplicable.

Center for Climate and Energy Solutions Issue Brief written by former U.S. State Department Deputy Legal Adviser Susan Biniaz and Arizona State University Law Professor Daniel Bodansky.

 

IN THE NEWS

Bracewell Podcast Addresses Tax Issues, NAFTA – With the new Trump tax proposals being rolled out last week and discussions regarding NAFTA continuing to swirl, my colleagues Curt Beaulieu and Josh Zive have recorded a short podcast discussing key questions/issues surrounding the tax proposal and the NAFTA rumors.   Beaulieu is a former Senate Finance tax counsel for Chairman Hatch and Zive is one of Washington DC’s foremost trade law experts.  The podcast is new Bracewell feature and will occur weekly as well as on special issues.  They are on the record…Please feel free to call if you have additional questions.

CPP Case Delayed – The Court of Appeals for the DC Circuit has halted the Clean Power Plan case for 60 days while EPA works through the process of repealing the CPP.  My Bracewell colleague Jeff Holmstead, a former EPA Air Administrator said: “This is obviously important but not terribly surprising. I don’t think the DC Circuit has ever gone ahead and decided on the legality of a rule when a new administration says it plans to rescind or revise it. The only question now is whether the case will be held in abeyance or remanded back to EPA.  If the Court had upheld the rule, it wouldn’t have prevented the new Administration from revoking it, but it might have made this effort harder.  At the very least, today’s ruling means that it will not take as long for the Administration to undo the Clean Power Plan.

Memo from Legal Scholars Detail Paris Issues – Both my colleague Scott Segal and former NRC commissioner Jeff Merrifield have detailed issues surrounding the Paris commitment and its relationship to domestic policies like the Clean Power Plan.  Then, late yesterday, the Center for Climate and Energy Solutions released an analysis from former State Department legal advisor Susan Biniaz and Arizona State law prof Dan Bodansky that explains in detail why the US can stay in Paris without restriction to the domestic agenda.  First the memo argues that while downward adjustments to a country’s NDC are likely to “draw criticism, it is a legally available option.”  It also argues that the Paris Agreement would likely be held non-self-executing, which means it has no domestic force of law, and therefore imposes no domestic legal obligations.  Even if the Paris Agreement were found by a court to be self-executing, the agreement does not require that a party achieve its NDC, or put in place any particular implementing measures.  I have a PDF and can send if you need it.

Trump Changes Offshore Drilling Plans – On Friday, President Trump signed an order asking the Interior Department to open the Arctic waters for offshore oil and gas drilling and review the five-year offshore leasing plan the Obama administration passed in its final days.  The order also tells Interior to review areas along the Pacific and Atlantic outer continental shelves that the previous administration put off limits for oil and gas development.  The Chamber Energy Institute’s Karen Harbert said the Trump administration’s actions today “will lead to greater development of our energy resources, which is good for our economy and for our security.”  The Chamber release can be found here on EI’s website.  My colleague Jason Hutt (202-828-5850) is also a good resource on this topic should you have additional questions on the legal issues.

Bernhardt Nominated to Interior Deputy – Speaking of Interior, President Trump nominated lobbyist and former George W. Bush administration official David Bernhardt to be deputy secretary of the Interior. Bernhardt worked as solicitor, Interior’s third-highest position, for the full eight years under Bush.

Hergott Added to CEQ as Infrastructure Lead – Alex Herrgott, another long-time aide to Sen. Jim Inhofe will move over to the White House Council on Environmental Quality to be the associate director for infrastructure.   Herrgott served as deputy staff director for the Senate Environment Committee.

DOE Approves LNG Terminal – The Department of Energy has signed an order authorizing Golden Pass Products LLC (Golden Pass) to export domestically produced liquefied natural gas (LNG) to countries that do not have a free trade agreement (FTA) with the United States.  Golden Pass is authorized to export LNG up to the equivalent of 2.21 billion cubic feet per day (Bcf/d) of natural gas to any non-FTA country not prohibited by U.S. law or policy from the Golden Pass Terminal near Sabine Pass, in Jefferson County, Texas.  With the dramatic increase in domestic natural gas production, the United States is transitioning to become a net exporter of natural gas.  The Department of Energy has authorized a total of 19.2 Bcf/d of natural gas exports to non-FTA countries from planned facilities in Texas, Louisiana, Florida, Georgia, and Maryland. Golden Pass estimates the construction of its facility will provide 45,000 direct and indirect jobs over five years, and the project will provide 3,800 direct and indirect permanent jobs over the next 25 years of operational activity. Golden Pass also estimates the cumulative impact of construction and 25 years of operation will provide up to $2.4 billion in federal tax revenues and $1.2 billion in state tax revenues.

Goldston Heads to MIT DC office – The NRDC’s director of government David Goldston will head the Massachusetts Institute of Technology’s Washington office.  Goldston also was the Bipartisan Policy Center’s Science and Policy Project head, as well as working for the House Science Committee under Sherwood Boehlert (R-NY).

 

ON THE SCHEDULE THIS WEEK

Water Power Conference Set for May – Waterpower week in Washington will be today through Wednesday, providing three great conferences into one when IMREC, METS and NHA’s Annual Conference are held at the Capital Hilton.  The event will discuss policy changes in the hydro and marine industry in an all-in-one event. The event highlights perspectives on the role of hydro, explores issues affecting hydro and marine resources, and helps participants develop a future game plan to meet challenges and ensure the future sustainability of the hydro and marine industry.

FERC to Host Power Conference – FERC will host a two-day conference today and tomorrow look at eastern power markets and challenges those are posing.  Our friend Christi Tezak, of ClearView Energy Partners told POLITICO she expects “two days of weeping, moaning and the gnashing of teeth from all sides.” The play by play is on the webcast here.

JHU Hosts Canadian Energy Forum –The Johns Hopkins SAIS will host the first annual Johns Hopkins SAIS Canadian Energy Conference today sponsored by the Canadian Gas Association.

Forum to Look at Energy in Ghana – The U.S. Energy Association will hold a forum tomorrow at 9:30 a.m. in the USEA Executive Conference Room on the current status and future plans for the energy sector in Ghana. The speakers will be Benjamin Kwame Ahunu, Principal Engineer of GridCo and ICF’s Bernard Modey.

Resources to Look at Antiquities Act, Land Issues – The House Natural Resources Subcommittee on Federal Lands will hold an oversight hearing tomorrow on the Antiquities Act that will feature Maine Gov. Paul LePage.  Just last week, President Trump ordered the Interior Department to review the status of dozens of national monuments created by his White House predecessors, including controversial designations at Bears Ears in Utah and Katahdin Woods and Waters in Maine.  In addition to LePage, Utah Public Lands Policy Coordinating Office Director Kathleen Clarke, Elliotsville Plantation President Lucas St. Clair and Murphy Timber Investments Vice President of Resources Knox Marshall.

Nuclear Report Released Tomorrow – Tomorrow at Noon, the Nuclear Energy Institute and Partnership for Global Security will host a forum on nuclear for the next generation at the National Press Club.  The groups will release the release GNI’s final report, Nuclear for the Next Generation and will feature NEI CEO Maria Korsnick, as well as GNI Working Group members Kenneth Luongo and Richard Rosenzweig.

WRI to Look at Environmental Policy Challenges – The World Resources Institute hosts a tomorrow at 1:00 p.m. to discuss Earth Day and American environmental policy, and how we can replicate transformational change to curb global warming and environmental degradation.  It will also look at Paris and other EPA policy actions.  Speakers include Senior Fellow at the International Institute for Sustainable Development Robert Repetto, who will examine past tipping points in environmental policy. He will outline the political, institutional and legal factors that contribute to unprecedented policy breakthroughs.  Neelam Singh, a Senior Associate from WRI’s Climate Program, will join Repetto on the panel to share her work on transformational change in the context of climate change mitigation and sustainable development policies. Together, they will discuss the application of this approach to understanding tipping points and identifying opportunities for protecting the global commons.

Senate Energy to Look at PILTs, EMPs – The Senate Energy Committee will hold two hearings this week. The first hearing tomorrow will focus on the Secure Rural Schools program and the Payment in Lieu of Taxes (PILT) program. The second on Thursday will examine the threat to energy infrastructure from electromagnetic pulse (EMP) and policy options to improve system restoration. More information on the hearings can be found at the links below or by visiting the committee’s website.

Murkowski, Cantwell Headline New CSIS Energy Speaker Series – The CSIS Energy & National Security Program will host a new speaker series, Energy in America on Wednesday at 8:30 a.m.  The launch of this series feature Senate Energy Committee Chair Lisa Murkowski and Committee ranking member Maria Cantwell. As Chairman and Ranking Member, respectively, of the Senate Committee on Energy and Natural Resources, Senators Murkowski and Cantwell are uniquely positioned to provide a view from their states and of U.S. energy policy.  This series will feature congressional and state-level perspectives on the energy issues that matter most in various regions across the country. Additionally, Energy in America will highlight the social and economic impacts of energy and the challenges facing policymakers as they attempt to harness U.S. energy resources to create and foster economic opportunities.

House Energy to Tackle Energy Legislative Effort – The House Energy and Commerce Energy panel will hold a legislative hearing on Wednesday at 10:00 a.m. in 2123 Rayburn. The hearing will focus on four bills and six legislative drafts, including one that takes the State Department out of oversight decisions regarding pipelines or electric transmission lines seeking to cross into Canada or Mexico.

House Transpo to Look at Marine Reg Programs – The House Transportation and Infrastructure Subcommittee on Coast Guard and Maritime Transportation will hold a hearing on Wednesday at 10:00 a.m. to question witnesses on dozens of topics, including shipping, offshore liability, dockside safety exams and towing vessel inspections. Witnesses will include Coast Guard Rear Adm. Paul Thomas, acting chairman of the Federal Maritime Commission Michael Khouri, Todd Schauer of the American Salvage Association, former president of the National Response Corp Steven Candito, the Rapid Ocean Response Corp CEO Nicholas Nedeau, Norman “Buddy” Custard of the Alaska Maritime Prevention and Response Network, Thomas Allegretti, American Waterways Operators, Peter Ford of Ports America and World Shipping Council president John Butler.

House Science to Look at Oil, Gas Tech – The House Science Committee will examine the Department of Energy’s role in fostering innovation in the oil and gas sector in a Wednesday hearing at 10:00 a.m.   The hearing will focus on technology development led by private industry and consider the “appropriate” role for DOE in partnering with oil and gas companies on applied research.  Witnesses will include Edward Johnston of the Gas Technology Institute, Astro Tech founder David Brower, Walker Dimmig of 8 Rivers Capital and Ramanan Krishnamoorti, interim vice president and interim vice chancellor for research and technology transfer at the University of Houston.

House Resources Looks at Hydro – The House Natural Resources Subcommittee on Water, Power and Oceans will hold a hearing on Wednesday at 2:30 p.m. to discuss the challenges facing the hydropower industry. Witnesses will include Voith Hydro CEO Bob Gallo, Randy Howard of the Northern California Power Agency, National Hydropower Association president Herbie Johnson and David Montagne of the Sabine River Authority of Texas.

CMU Hosts Energy, Transportation Briefing – On Wednesday at 11:00 a.m., Carnegie Mellon University will host a policy briefing on several studies that provide guidance to policymakers for decisions they make related to energy and transportation in the Cannon House Office Building.

Forum to Look at Energy Partnerships – The United States Energy Association (USEA) will hold a forum on Wednesday at 2:00 p.m. to discuss energy partnerships to improve global security.  USEA implements the United States Agency for International Development’s (USAID) Energy Partnership Program (EPP), which brings U.S. and non-U.S. utilities and energy companies together to promote energy security, improve access to renewable energy and increase financial viability of utilities and energy related institutions.  USAID takes a holistic approach to supporting the development of energy sectors in emerging markets, by creating a more secure regulatory and financial investment environment to attract private capital for long-term economic development.  Investors seek stable legal and regulatory environments, competitive markets, credit-worthy utilities, fair and transparent procurement processes and reliable financial institutions that can invest and lend in these emerging markets.

Nebraska Keystone Hearings Launch – On Wednesday, the State of Nebraska will hold a 10-hour, short speech open mic public meeting focused on the Keystone Pipeline.

House Approps Panel Hears from Public on Budget – The House Appropriations Committee’s Subcommittee on Energy and Water Development, and Related Agencies will convene a public witness hearing on Wednesday to look at issues related to the energy budget.

SEJ Member Palmer to Launch Book at Wilson Event – Wednesday at the Wilson Center, our SEJ friend Lisa Palmer will launch of her new book, Hot, Hungry Planet, where she shares what she has learned from her research and reporting. She focuses on three key concepts that support food security and resilience in a changing world: social, educational, and agricultural advances; land use and technical actions by farmers; and policy nudges that have the greatest potential for reducing adverse environmental impacts of agriculture while providing more food.  Palmer will be joined by experts on global food security for a panel discussion and will take questions from the audience.

USEA Annual Meeting Set – US Energy Assn hosts its annual meeting on Thursday from 11:00 am to 5:30 p.m. in the National Press Club Ballroom. This meeting will bring together USEA members and distinguished guests to discuss energy policy developments, share industry updates and celebrate the achievements of the 2017 U.S. Energy Award and Volunteer Award recipients.

Panel to Look at Brazil Oil/Gas Issues – On Friday at 9:00 a.m., the Inter-American Dialogue hosts a panel on Brazil and its oil and gas reserves.  Despite resources, the energy sector has been plagued in recent years by low oil prices, stagnant production and mounting debts at state company Petrobras. The Temer government has sought to boost oil production by eliminating barriers to private investment and introducing reforms at Petrobras, but with presidential elections on the horizon, the political scenario is uncertain. The forum will look at what the outlook is for Brazil’s oil and gas sector and how recent reforms affect upstream bid rounds planned for this year.  Speakers include Jorge Camargo, President of Brazilian Petroleum, Gas and Biofuels Institute (IBP) and Jed Bailey of the Energy Narrative.

 

IN THE FUTURE

DC Green Biz Council to Honor Women Leaders – Next Monday, US Green Business Council National Capital Region will host a breakfast for the 2nd annual Women in Green. Panelists will discuss what it means to be a woman working to advance green building in the DC metro area and celebrate women in local sustainability. The panel discussion and facilitated sessions will focus on the complexities of women’s leadership and proven leadership principles practiced by female executives who are changing the way we think and build in the national capital region.

CSIS to Host EU Climate/Energy Head – The CSIS Energy and National Security Program will host Miguel Arias Cañete, European Commissioner for Climate Action and Energy, on Thursday May 11th at 11:00 a.m. for a discussion on the main opportunities and challenges for energy and climate change policy facing Europe in the coming decade.  The European Union (EU) remains one of the largest producers and consumers of energy in the world and thus a central voice in the global discourse on climate change. Climate action continues to be a fundamental piece of the EU’s policy agenda, which over the last few years has consistently championed ambitious greenhouse gas emissions targets via renewables, energy efficiency, and sustainable development.

WAPA to Host Jeep Presentation – On May 16th, at Osteria Morini (near Nationials Park),  the Washington Automotive Press Association will host Jeep® for the introduction of its latest and highly anticipated compact-SUV:  the all-new 2017 Jeep Compass. Compass expands the Jeep brand’s global vehicle lineup as it will be built in four countries for consumers around the world. As the most capable compact-SUV ever, the all-new 2017 Jeep Compass features legendary Jeep 4×4 capability, a sophisticated design that evokes the premium side of the Jeep family, outstanding on-road dynamics, fuel-efficient powertrains, and a host of advanced safety and technology features.

Faison, Murkowski Featured in ACCF Forum – The American Council on Council Formation will hold a forum on May 17th at the Newseum on energy policy in the 115th Congress.  Senate Energy Chair Lisa Murkowski, ClearPath’s Jay Faison and Alaska coop exec Meera Kohler will discuss energy strategies aimed at innovation and production, rather than regulation.  The panel will be moderated by POLITICO Deputy Energy Editor Nick Juliano.

WINDPOWER Set for Anaheim – The American Wind Energy Association (AWEA), the national trade association that represents the interests of America’s wind energy industry, will hold its annual WINDPOWER 2017 Forum in Anaheim on May 22nd to 25th.   Cali Senate President Kevin de León, the California Senate’s most powerful member and legislative champion of the state’s hallmark 50% renewable energy standard law passed in 2015, will provide a keynote address at 10:00 a.m. on Tuesday morning, directly preceding AWEA’s Industry Leaders Panel – the marquee General Session panel at WINDPOWER. The discussion will feature Tristan Grimbert, President and CEO of EDF Renewable Energy and incoming Board Chair of AWEA; Pete McCabe, Vice President, Onshore Wind, GE Renewable Energy; Karen Lane, CFO, Siemens Gamesa Renewable Energy, Onshore Americas; and Greg Wolf, CEO of Leeward Renewable Energy. This year’s panel will cover implementation of wind energy into the 2020s, opportunities in tax reform, emerging political issues, and more.

Security Experts to Address Methanol Policy Forum – The Methanol Institute will hold its Methanol Policy Forum on June 13th at the National Press Club.  The Forum will include a special luncheon discussion:  Energy Security through Fuel Choice, which features a conversation with the U.S. Energy Security Council experts like former National Security Advisor Robert C. McFarlane, former CIA Director James Woolsey, former President of Shell Oil Company John Hofmeister, former White House Counsel and Ambassador to the EU C. Boyden Gray and former Louisiana Senator and Senate Energy Bennett Johnston.  Our friend Joe Cannon and other will speak on panels as well.

Congressional Renewable Expo Set – The 20th annual Congressional Renewable Energy and Energy Efficiency EXPO and Policy Forum will be held on Tuesday, July 11th from at 9:30 a.m. to 4:30 p.m. In Rayburn.