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Robert L. Cavnar

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Dirty Business: How Unaccountable Bureaucrats Kill Clean Technology

Posted: 05/25/2012 7:00 pm

President Obama speaks regularly about how the United States government should encourage the development and deployment of clean technology to reduce our dependence on oil, especially the oil imported from countries that hate us. I couldn't agree more. The problem is, though, that no matter who sits in the White House, there are thousands of nameless unaccountable career bureaucrats who arbitrarily stonewall the development of the very resources that the President himself is promoting. That stonewalling costs probably billions and kills off fledgling clean technology innovators.

Unfortunately, my company has become the victim of this stonewalling, except the bureaucrats doing it are not nameless; they are the Wyoming staff in the Bureau of Land Management, an agency within the Department of Interior. My company, of which I am CEO, is Luca Technologies Inc. We sustainably produce natural gas from existing wells using biotechnology. We can do this without drilling new wells, hydraulic fracturing, or destroying ground water. Our proven process, fully regulated and already approved by the EPA, recycles water into existing wells, and by adding nutrients to that water, enhances the production of methane by microorganisms that already exist within those wells. We have never applied for, or need, federal funds or tax breaks.

On its website, the BLM states as its mission is "To sustain the health, diversity, and productivity of America's public lands for the use and enjoyment of present and future generations." As part of that mission, the BLM is supposed to manage the development of the minerals on those lands, including oil, natural gas, and coal which was deeded to the federal government in the early 1900s. Under this system, established industries have a distinct advantage as massive and mindless bureaucracies can simply check pre-existing boxes. Thus, the BLM routinely issues permits to coal companies who strip mine the resource, destroying the surface above it in gigantic holes in the ground. The BLM has been issuing coal mining permits, (and collecting money) for decades, and since it is part of their daily routine, apparently doesn't give much thought to that use of the land, which certainly doesn't add to "the use and enjoyment of present and future generations." However, Luca's microbially enhanced gas production process, which does not destroy resources, and is applied in areas of the coal that will never be mined, does not fit their status quo. Because there is no pre-existing box to fit us in and since it is new, bureaucrats push us to the side, trying to avoid responsibility for a decision and hoping we will just go away.

Over a year ago, after two previous years of negotiations, the BLM actually approved a permitting process for implementation of our technology. We filed the application for well restorations over nine months ago, documenting procedures that were developed jointly with the BLM. We also paid them $40,000 to process the permit. The money is one dirty little secret about the BLM; if you need them to give you a permit for an operation, you have to open your checkbook. They are supposed to account for how the money was spent, but have neglected that little detail with Luca. The BLM then promised a permit for us to proceed by November, but after them unilaterally moving the goal posts for nine months, we're still waiting. During this time, there was lots of hand wringing and furrowed brows, but we continued to make glacially slow progress. Up until two weeks ago, we believed we were close to getting approval when, without warning, the BLM demanded a new well monitoring program, which had never been discussed, that we estimate to cost an additional $30 million, more than the value of the project. And, oh, and by the way, they needed another $40,000 to keep working.

When we didn't immediately pay up, Duane Spencer, the Buffalo Field Manager for the BLM, unilaterally rejected our application for non-payment of ransom "cost reimbursement." With the stroke of a pen, this unaccountable bureaucrat tried to flush $90 million and eight years of work down the toilet, thinking he could kill Luca and its clean technology, just because. We were nothing short of astonished when, in this rejection letter, Spencer threatened to criminally prosecute us if we attempted to develop the resources that we already legally own, even though we've been shut down for over two years working diligently to satisfy his staff's tsunami of demands. After issuing the letter, the BLM then tried to justify its outrageous conduct by starting a misinformation campaign with the public, saying that they rejected our application for "non-payment" leaving out 90 percent of the inconvenient facts of their own neglect and bad faith. From where does such arrogance come?

What's really telling in this whole episode is that, besides the aforementioned EPA approval, Luca has received overwhelming support from the Wyoming legislature, the governor, elected federal representatives and the people of Wyoming itself. Amazingly, we've even received support from the leadership of the BLM in Washington. The EPA has actually held us up as an example of clean energy producers. Unfortunately, none of these facts seem to matter. The bureaucrats in the Wyoming BLM are only interested in keeping their own low stress jobs and maintaining the status quo; benign neglect is used as a weapon to kill any new entrant.

The BLM in Wyoming shouldn't labor under the illusion that we will just exit the state without a fight. Eight years and tens of millions of our own dollars are at stake, as well as our role in a clean energy future which is the most important goal to me personally. Instead of preparing for operations, we are preparing for a legal battle with the BLM, within the federal government in Washington, and in the courts of public opinion. In the meantime, though, there will be the difficulty of lost jobs, lost opportunity, and increasing energy insecurity caused by laziness and arbitrary inaction by unaccountable bureaucrats abusing the authority with which we entrust them. What's really sad is that while we fight this battle against our own government for clean energy, we are being welcomed with open arms in Russia, China, Indonesia, and Australia, all who want our technology now.

That's the real tragedy.


Bob Cavnar is CEO of Luca Technologies Inc, based in Golden, Colorado. He is also author of "Disaster on the Horizon," "High Stakes," "High Risks" and the "Story Behind the Deepwater Well Blowout," published in 2010.

 
 
 

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11:17 AM on 05/29/2012
The only thing Green about Green - clean energy is all the green leaving my wallet to pay for the unsustainable Green liberals wish to force upon me.

In Massachusetts they want to build Cape Wind 130 + windmills at a cost of $4 Billion and to subsidize those useless never produce power when you need it windmills
our electric rates are going from 9 cents to 32 cents - more than tripling
combine this with already high tax rates
and you end up with Spain’s economy @ 28% unemployment

Sarah Palin has it right drill baby drill!
And while you are at it build more nukes – 4th generation nuclear power is clean and safe check it out @ terrapower.com
ubrew12
that crazy uncle from Amarcord
01:23 PM on 05/29/2012
"Cape Wind will reduce wholesale electric prices for the New England region by $7.2 billion over 25 years, according to a new report published today by Charles River Associates, a leading economic consulting firm."
http://climatecrocks.com/2012/04/03/graph-of-the-day-cape-wind-to-save-new-england-7-2-billion/
Here's what The Economist magazine thinks about nuclear power (the dream that failed):
http://www.economist.com/node/21549936
Here's what Scientific American thinks about alternative energy (a path to 100% renewables):
http://www.scientificamerican.com/article.cfm?id=a-path-to-sustainable-energy-by-2030
Some solar economics (its the lowest cost energy source by 2015):
http://www.youtube.com/watch?feature=player_embedded&v=CfXQoDH9BIE
Floating wind turbines take care of the offshore NIMBY effect:
http://www.pelastarwind.com/
Spain privatized their economy in the '90s-00s, hatching a massive housing bubble fueled by eurozone banksters. When those 'investments' went south, the banksters got bailed out, leaving the Spanish imposing austerity on anyone who wasn't a bankster. (BTW, Spains debt-to-GDP, before the bubble popped, was 36%, versus 100% for the U.S. - so 'nanny-state' that bit of info).
02:18 PM on 05/29/2012
scientific american, Charles river you might as well refer directly to media matters or huffpost all are ultra liberal/progressive propaganda outletsCape Wind = 4 billion $$$ of machinery sitting out in salt water 24/7 rusting and intermittently providing little power costing much providing little
09:40 AM on 05/29/2012
They aren't all nameless. Many are quite visible. We know them by who they take money from followed by how they vote. Not only are they wrecking the environment but they are depriving us all of the exponential advancements that come from these innovations. That cost is incalcuable.
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HUFFPOST SUPER USER
Roosevelt Democrat
12:33 AM on 05/29/2012
"The problem is, though, that no matter who sits in the White House, there are thousands of nameless unaccountable career bureaucrats who arbitrarily stonewall the development of the very resources that the President himself is promoting. "

That blade for better or worse cuts both ways! Green energy or fossil fuels.
11:20 AM on 05/29/2012
Fossil Fuel?
How do you have fossil fuel 20,000 feet below our feet?
you don't
Not only does the USA hold Trillions of Barrels of oil under our feet and oil itself is a renewable resource.
The chemical reaction of intense heat, pressure & elements under ground is perpetually creating new oil

http://www.viewzone.com/abioticoilx.html

http://www.canadafreepress.com/index.php/article/3952
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HUFFPOST SUPER USER
Roosevelt Democrat
02:16 PM on 05/29/2012
To be more specific.
"there are thousands of nameless unaccountable career bureaucrats who arbitrarily stonewall "--------------------------------Any change in the status quo that is the nature of bureaucracies! 
04:34 PM on 05/29/2012
We are using it faster than it can ever be produced (by the earth) therefore it's not renewable.
ubrew12
that crazy uncle from Amarcord
11:33 PM on 05/28/2012
I'm concerned Duane Spencer isn't interested in your bribe, since he's been bribed to roadblock your development (big coal, perhaps?). Good luck with your lawsuit and try to get the Wash DC guys to lean on the locals. Sounds like an entirely reasonable technology. If you succeed, you'll be paying taxes up the wazoo. That's the way its supposed to work. Being ransomed by a local agency when you've already sunk so much into your investment, sounds like the graft it probably is. They can't be allowed to get away with it: too much is riding on such technologies. Corruption operates in the dark, so thanks for writing.
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HUFFPOST SUPER USER
Jeff4141
07:46 PM on 05/28/2012
It would be interesting to see the breakdown of the $90M investment. How much is transerable to a locale that would be more amenable to implementing your technology? (think both inside and outside the US)),...
oil patch
if you voted obama, you are to blame
07:34 PM on 05/28/2012
government regulation inhibits private business?????? what???????????????
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HUFFPOST SUPER USER
roger stillick
Forward for Everyone
06:12 PM on 05/28/2012
Shame on you, should have paid the bribe, like real big businesses folks do...
09:43 PM on 05/27/2012
Well you are not alone.Take a glance at polymet in Minnesota.Different agency,same problem.I think they are at 30-40 mil and 7years or so into this process and just got pushed back again.While they knock the tops off mountains and frack half the country,these guys can't get a permit to mine on an already existing mine site! Makes you wonder.
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niko73
Dem belly full but we hungry
07:53 PM on 05/27/2012
By the way, Spencer is accountable to his boss, the State Director. And he in turn is accountable to the BLM Director, and he to Secretary Salazar, and he to President Obama. "Unaccountable" is simply a lie. Sorry, the government doesn't have to be accountable to your company.

The conspiracy theories about killing alternative energy is simply ridiculous and doesn't stand up to a quick fact check. BLM is authorizing wind farms, solar projects and geothermal wells at record rates. Just because they asked your company to play by the same rules as any other company doesn't mean they're killing clean technology.
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niko73
Dem belly full but we hungry
07:44 PM on 05/27/2012
Cost recovery is required for ANY business kicking off a large project. Companies pay thousands, sometimes millions of dollars to process their permits for transmission lines, gas fields and mines. You are being treated no differently than them. Those are the rules. Some people, including me, think the Monsantos and Rio Tintos should have to pay for their permits that will make them wealthy, not the tax payer. Do you think your company is so special you get to play by a different set of rules?

Running these projects through the NEPA process takes a LONG time. This would especially be the case for a newer technology that hasn't been analyzed yet. Even relatively simple coal leases take years. Look at some of the EISs being prepared in southwest Wyoming for gas fields. Air quality analyses have stalled them. The companies have invested literally millions in the process and the EISs are taking 6+ years to complete. Again, why is your company so special that it shouldn't have to work through the same constraints? Do you think just because the EPA likes your project that you deserve your own set of rules?

Your personal attacks against government employees make you sound just like a Tea Bagger. Sorry, your whining and crying isn't winning me over in the least. My guess is that because gas prices are at an all-time low, your little project was no longer profitable and you decided to scapegoat the big bad feds instead. Shameful.