Energy

Washington, D.C. – Following Environmental Protection Agency (EPA) Administrator Andrew Wheeler’s announcement to retain the existing 2015 National Ambient Air Quality Standards (NAAQS) for ozone, National Association of Manufacturers Vice President of Energy & Resources Policy Rachel Jones released the following statement:

“Protecting the environment and improving public health for all Americans must come first. Manufacturers’ commitment to clean air is why we support EPA’s proposal to retain the Obama ozone standards.

“Amid a global pandemic, manufacturers are serving on the front lines helping our nation respond to and recover from COVID-19. So at a time when we are facing record-breaking unemployment, a lower ozone standard could slow our economic rebound and threaten manufacturing competitiveness. We shouldn’t have to choose between environmental protection and a strong economy. Americans deserve both – especially during these unprecedented times.”

-NAM-

The National Association of Manufacturers is the largest manufacturing association in the United States, representing small and large manufacturers in every industrial sector and in all 50 states. Manufacturing employs more than 11.7 million men and women, contributes $2.37 trillion to the U.S. economy annually and has the largest economic multiplier of any major sector and accounts for 63% of private-sector research and development. The NAM is the powerful voice of the manufacturing community and the leading advocate for a policy agenda that helps manufacturers compete in the global economy and create jobs across the United States. For more information about the NAM or to follow us on Twitter and Facebook, please visit www.nam.org

This is a week of dramatic energy developments—some mostly good, some bad and some mixed. Here’s what manufacturers need to know.

The (mostly) good: The Jordan Cove liquid natural gas terminal in Coos Bay, Oregon, received approval from the Department of Energy on Monday, clearing the way for the West Coast’s first liquefied natural gas terminal capable of exporting low-carbon energy to Asia.

• Why it matters: The project offers increased energy security for the United States while also enabling a shift to cleaner fuels—the kind of modern initiative that will play a key role in climate action.
• A note of caution: The DOE approval isn’t the final word; activists will continue fighting the project in court and try to keep manufacturing progress from being made.

The bad: Even though the project won a 7-2 victory in the Supreme Court just three weeks ago, Dominion Energy and Duke Energy were forced to cancel the Atlantic Coast Pipeline on Sunday.

• Why it matters: The project was intended to energize Mid-Atlantic manufacturing with clean natural gas, but years of court battles and needless permitting delays exhausted it. As NAM President and CEO Jay Timmons put it on Twitter, “All those who depend on reliable sources of American energy are disappointed.”

The bad cont’d: On Monday, a DC court ordered the Dakota Access Pipeline to shut down until yet another additional environmental review is completed, on top of many previous reviews.

• Why it matters: This underground pipeline benefits communities across the Midwest and provides a clean, safe route for oil transportation.

The mixed: The Supreme Court refused to let the Keystone XL project start building again—but at the same time, it did reinstate a critical nationwide permit system for other new energy infrastructure projects.

• What to expect: Activists have already threatened to attack other projects with the same arguments they used against Keystone XL, which could hold up much-needed progress.

The last word: “At a time when we have faced record-breaking unemployment and our country is struggling to get back on her feet, we can’t tell families to wait through more unnecessary delays or until the courts sort things out in a few years,” NAM Vice President of Energy and Resources Policy Rachel Jones says. “We have run out of time for political wrangling. Manufacturers need policymakers to cut through the fighting so we can build more, do more and make more.”

Washington, D.C. – National Association of Manufacturers President and CEO Jay Timmons delivered the eighth-annual NAM State of Manufacturing Address today at equipment manufacturer Vermeer Corporation in Pella, Iowa. Speaking to Vermeer Corporation employees, business and community leaders and local manufacturers, Timmons highlighted the NAM’s ambitious plan to address the industry’s growing workforce crisis with the groundbreaking, multimillion-dollar “Creators Wanted” campaign.

In his remarks, Timmons said:

“For 125 years, your NAM has led the business community and fought for all who make things in America. And all of you in this room, and the 13 million men and women in our industry, some of whom are watching today, are part of the storied history of building an exceptional nation. And Vermeer, this very company, embodies the story of manufacturers’ progress.”

. . . .

“In this pivotal year, the NAM and The Manufacturing Institute, our workforce and education partner, are setting out on an unprecedented campaign to inspire a new generation—and tell the real story of our industry. . . . Our historic effort, called “Creators Wanted,” is a capital campaign that will support the programs of the Manufacturing Institute—including the STEP Women’s Initiative, youth engagement and Heroes MAKE America, which trains our returning servicemembers for high-paying manufacturing jobs.”

. . . .

“Just yesterday, in his remarks at the World Economic Forum, President Trump touted manufacturing’s growth and success during his presidency. As I’ve said before, from tax reform to regulatory certainty to leveling the playing field, promises made to manufacturers have been promises kept—and the employment and output numbers show it.”

. . . .

“Here’s what I will say about this election . . . It’s not the label next to a candidate’s name—whether an “R,” a “D” or an “I”—that determines whether he or she will be a good president or even a good member of Congress. The test is whether he or she will work to uphold the values that make America exceptional. These are the same four values, the same four pillars, that make our industry’s success possible.”

Timmons also noted the generous contributions made by Vermeer and Pella Corporation to the NAM’s Creators Wanted campaign.

“And I am proud to announce today that Vermeer Corporation, along with your foundation and Mary and Dr. Dale Andringa, have contributed $100,000 to this cause. And another local manufacturer, Pella Corporation, is also leading by example with a $100,000 contribution of their own,” said Timmons.

Vermeer Corporation President and CEO Jason Andringa thanked Timmons for his visit and the NAM’s commitment to ensuring the long-term success of manufacturing in the United States.

“Thank you to Jay Timmons and the National Association of Manufacturers for visiting Vermeer Corporation and recognizing the incredible work of our team members and manufacturers across the country,” said Andringa. “These men and women truly demonstrate the impact our industry makes every day and represent the success of American manufacturing.”

To read the full address, click here.

-NAM-

The National Association of Manufacturers is the largest manufacturing association in the United States, representing small and large manufacturers in every industrial sector and in all 50 states. Manufacturing employs more than 12.8 million men and women, contributes $2.37 trillion to the U.S. economy annually and has the largest economic multiplier of any major sector and accounts for 63% of private-sector research and development. The NAM is the powerful voice of the manufacturing community and the leading advocate for a policy agenda that helps manufacturers compete in the global economy and create jobs across the United States. For more information about the Manufacturers or to follow us on Twitter and Facebook, please visit www.nam.org.

Washington, D.C. – The National Association of Manufacturers has announced Rachel Jones as its new Vice President of Energy and Resources Policy. Jones currently serves as the NAM’s Senior Director of Energy and Resources Policy.

“This is a well-deserved promotion for Rachel, and I know she will ensure we do not miss a beat,” said NAM President and CEO Jay Timmons. “Her relentless drive has made her a powerful advocate for our members and a respected voice on the Hill and in the Administration on issues ranging from environmental policy to energy production to infrastructure and regulatory issues. Rachel brings a limitless passion to all her endeavors, and we know this will be no exception.”

Current Vice President Ross Eisenberg has been named Vice President of Federal Affairs at the American Chemistry Council.

“It is safe to say that thanks to the work of Ross Eisenberg, manufacturers in America today are operating with more environmental regulatory certainty while also more clearly demonstrating their contributions to responsible environmental stewardship.”

Before joining the NAM, Jones was the environment and energy counsel for the U.S. House of Representatives Committee on Science, Space, and Technology, where she advised the Committee on EPA, Department of Energy, Department of the Interior, FERC, NASA, NOAA and the White House Office of Science and Technology activities. She served as a legal fellow for the U.S. Senate Committee on Environment and Public Works and as executive student notes and comments editor for the Energy Law Journal.

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The National Association of Manufacturers is the largest manufacturing association in the United States, representing small and large manufacturers in every industrial sector and in all 50 states. Manufacturing employs more than 12.8 million men and women, contributes $2.38 trillion to the U.S. economy annually and has the largest economic multiplier of any major sector and accounts for 62.5% of private-sector research and development. The NAM is the powerful voice of the manufacturing community and the leading advocate for a policy agenda that helps manufacturers compete in the global economy and create jobs across the United States. For more information about the Manufacturers or to follow us on Twitter and Facebook, please visit www.nam.org.

The Manufacturers’ Center for Legal Action is the voice for manufacturers in the courts, fighting to advance policy objectives and advocate for strategic manufacturing interests. National Association of Manufacturers Senior Vice President, General Counsel and Corporate Secretary Linda Kelly leads the MCLA. Here she breaks down manufacturers’ biggest victories in 2019 and what is ahead for 2020.

What were the key legal issues for manufacturers this year?

Manufacturers face all sorts of issues in the courts. And even though only one company’s name may be on a case, the outcome can have profound effects across the entire industry on everything from project permitting to free speech.

This year, we filed amicus—or “friend of the court”—briefs in 74 cases. These address issues like regulatory overreach, product liability, labor and employment law, environmental issues, arbitration, class actions, free speech of manufacturers, ERISA, Alien Tort Statute, tax and international issues. If it matters to manufacturers, we’re on it.

We are also part of a dozen ongoing cases, including ones related to tax incentives, regulatory certainty and the manufacturing workforce. In the environmental space, the NAM has intervened in several cases to protect sensible pro-manufacturing regulatory reforms.

What legal wins did manufacturers accomplish in 2019?

We saw big wins this year invalidating the onerous Waters of the United States rule, preserving energy infrastructure projects, protecting Clean Air Act permitting reforms, securing manufacturers’ rights against government compelled speech, reversing overbroad collective bargaining interpretations by the National Labor Relations Board and more.

What does the invalidation of the 2015 Waters of the United States rule mean for manufacturers?

In two words: clarity and certainty. The 2015 rule was bafflingly unclear and uncertain. It left manufacturers to wonder whether wet areas on their property required a federal permit for any commercial activity there—at the risk of fines of $50,000 per day or more for the “wrong” interpretation. Two federal courts invalidated the rule in response to NAM litigation, which followed a NAM-led win in the U.S. Supreme Court in 2018 that allowed those cases to move forward. Soon thereafter, the EPA formally rescinded the rule.

What legal issues should manufacturers pay attention to in 2020?

Federal agencies will continue their regulatory reform efforts, and groups opposed to those reforms will continue to sue to block them. The MCLA stands ready to intervene in those cases or file briefs to provide the manufacturing perspective to the courts.

We are likely to see appellate court rulings next year interpreting whether making and selling energy products is a “public nuisance” for which companies can be held liable. We are confident the courts will apply the law fairly and reject these groundless lawsuits. But if a court finds in favor of the plaintiffs, we could see the U.S. Supreme Court again weigh in on the scope of public nuisance law.

Plaintiffs’ lawyers will keep trying to twist legal precedent to profit at the expense of manufacturers, and the MCLA will fight them every step of the way to benefit the people who make things in America.

Washington, D.C. – Carbon capture is one of the most promising tools to address climate change, especially for industrial sectors. Today’s release of “Meeting the Dual Challenge: A Roadmap to At-Scale Deployment of Carbon Capture, Use and Storage” will help policymakers prioritize solutions and drive innovation. NAM Senior Director of Energy and Resources Policy Rachel Jones had the following response:

Manufacturers in America continue to lead the charge on clean energy solutions. We can’t address climate change without carbon capture, but hurdles stand in the way of faster progress. This report maps out a plan; now we need policymakers to take swift, bold action.

The NAM applauds the hundreds of scientists, engineers, geologists and other experts who undertook this effort to understand what we need to fully benefit from carbon capture technologies. We’re dedicated to developing this technology here in the U.S. and to ensuring America continues to lead.

BACKGROUND: “Meeting the Dual Challenge: A Roadmap to At-Scale Deployment of Carbon Capture, Use and Storage” answers the Secretary of Energy’s request for advice on the actions needed to deploy carbon capture technologies at scale in the United States. Building on previous research and expertise, the report addresses the entire CCUS supply chain and recognizes that at-scale success requires economic and operational integration across industries, harmonized local/state/federal regulations and broad public acceptance.

Quotes from the carbon capture report:

“Carbon capture, use and storage (CCUS) is an essential element in the portfolio of solutions needed to take on the dual challenge of supplying energy while addressing the risks of climate change. This report describes the opportunity and maps out the actions needed to expand the application of CCUS in the United States.”

“To achieve CCUS deployment at scale, the U.S. government will need to reduce the uncertainty on existing incentives, establish adequate additional incentives and design a durable regulatory and legal environment that drives industry investment in CCUS.”

“At-scale deployment of CCUS will help the U.S. energy industry shape the energy transition by continuing to supply the growing world population with more energy in the decades to come, while reducing emissions to limit the risks of climate change.”

-NAM-

The National Association of Manufacturers is the largest manufacturing association in the United States, representing small and large manufacturers in every industrial sector and in all 50 states. Manufacturing employs more than 12.8 million men and women, contributes $2.38 trillion to the U.S. economy annually, has the largest economic multiplier of any major sector and accounts for more than three-quarters of private-sector research and development. The NAM is the powerful voice of the manufacturing community and the leading advocate for a policy agenda that helps manufacturers compete in the global economy and create jobs across the United States. For more information about the Manufacturers or to follow us on Twitter and Facebook, please visit www.nam.org.

Washington, D.C. – National Association of Manufacturers Vice President of Energy and Resources Policy Ross Eisenberg released the following statement after the U.S. Environmental Protection Agency issued a final rule that strengthens manufacturing facility safety and security.

Manufacturers believe strongly in safety as part of an ongoing commitment to the communities around them and those they serve. This is why NAM members make security investments and prudently engage in risk management planning, and that’s why we support the action the EPA is taking now, said Eisenberg. By further strengthening the integrity of the Risk Management Program, the EPA can help guarantee safety and security for facilities and communities by ensuring manufacturers are able to continue making safe, innovative and sustainable products while protecting human health and the environment.

-NAM-

The National Association of Manufacturers is the largest manufacturing association in the United States, representing small and large manufacturers in every industrial sector and in all 50 states. Manufacturing employs more than 12.8 million men and women, contributes $2.38 trillion to the U.S. economy annually, has the largest economic multiplier of any major sector and accounts for more than three-quarters of private-sector research and development. The NAM is the powerful voice of the manufacturing community and the leading advocate for a policy agenda that helps manufacturers compete in the global economy and create jobs across the United States. For more information about the Manufacturers or to follow us on Shopfloor, Twitter and Facebook, please visit www.nam.org

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Washington, D.C. – Environmental Protection Agency Administrator Andrew Wheeler and Assistant Secretary of the Army for Civil Works R.D. James joined National Association of Manufacturers President and CEO Jay Timmons at NAM headquarters to announce the finalization of a rule to repeal the controversial 2015 Waters of the United States rule and clear the way for a new rule to protect America’s water resources without overstepping the bounds of the law. Manufacturers sought this action from the EPA and for decades have advocated for clear rules to protect clean water and provide long-term certainty for economic growth.

Today, EPA and the Department of the Army finalized a rule to repeal the previous administration’s overreach in the federal regulation of U.S. waters and recodify the longstanding and familiar regulatory text that previously existed, said Administrator Wheeler. Today’s Step 1 action fulfills a key promise of President Trump and sets the stage for Step 2—a new WOTUS definition that will provide greater regulatory certainty for farmers, landowners, homebuilders and developers nationwide.

America is now one step closer to smart and balanced regulation that protects our nation’s precious water resources, said Timmons. Courts already declared the 2015 rule illegal, following years of litigation that included a 9-0 victory for the NAM at the Supreme Court, so manufacturers are pleased to see it officially struck from the books. The old water rule, which sought to regulate dry land, was confusing and counterproductive. Manufacturers are committed to environmental stewardship, so now we look forward to a new, more effective rule to protect clean water.

-NAM-

The National Association of Manufacturers is the largest manufacturing association in the United States, representing small and large manufacturers in every industrial sector and in all 50 states. Manufacturing employs more than 12.8 million men and women, contributes $2.38 trillion to the U.S. economy annually, has the largest economic multiplier of any major sector and accounts for more than three-quarters of private-sector research and development. The NAM is the powerful voice of the manufacturing community and the leading advocate for a policy agenda that helps manufacturers compete in the global economy and create jobs across the United States. For more information about the Manufacturers or to follow us on Shopfloor, Twitter and Facebook, please visit www.nam.org

Charleston, SC – National Association of Manufacturers President and CEO Jay Timmons released the following statement after EPA Administrator Andrew Wheeler announced an EPA proposal to clarify Section 401 of the Clean Water Act at the NAM’s Council of Manufacturing Associations’ Summer Leadership Conference in Charleston, South Carolina:

“The EPA’s efforts to modernize regulations and deliver regulatory certainty have contributed to strong manufacturing growth in recent years. This proposal is a win for manufacturers that would build on that success by offering much-needed clarity to states and manufacturers alike. Too often, the vaguely worded Section 401 has been used as an excuse to block critical infrastructure and trade projects. By setting clear guidelines, the EPA is empowering manufacturers to invest in our people and communities with confidence and to work with state leaders to protect our water and environment.

“We are grateful that Administrator Wheeler chose to announce this landmark proposal at the NAM’s Council of Manufacturing Associations’ Summer Leadership Conference. It demonstrates that by working together, government and business leaders can ensure economic growth and environmental stewardship go hand-in-hand.”

Section 401 of the Clean Water Act gives states an important role to play in ensuring water quality standards are not impaired by federally permitted projects. This proposal will give state and federal partners more clearly defined roles, responsibilities and consistent expectations in line with the statute and recent court decisions. The proposed rule seeks to protect waters by strengthening the Section 401 process.

-NAM-

The National Association of Manufacturers is the largest manufacturing association in the United States, representing small and large manufacturers in every industrial sector and in all 50 states. Manufacturing employs more than 12.8 million men and women, contributes $2.38 trillion to the U.S. economy annually, has the largest economic multiplier of any major sector and accounts for more than three-quarters of private-sector research and development. The NAM is the powerful voice of the manufacturing community and the leading advocate for a policy agenda that helps manufacturers compete in the global economy and create jobs across the United States. For more information about the Manufacturers or to follow us on Shopfloor, Twitter and Facebook, please visit www.nam.org.

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