Unraveling the Pipeline Safety Debate: A Senator's Inquiry into Industry Ties
In the midst of President Trump's proposed pipeline safety rollbacks, a prominent senator has raised ethical concerns about the ties between key regulators and the pipeline industry. This development has sparked a conversation about the potential conflicts of interest and the impact on safety regulations.
Senator Maria Cantwell, a Democrat from Washington, has taken a stand by questioning the ethics of two appointees at the nation's pipeline regulator. Her inquiry follows a ProPublica report revealing the appointees' connections to the pipeline industry. Both Ben Kochman, the deputy administrator of the Pipeline and Hazardous Materials Safety Administration (PHMSA), and Keith Coyle, the agency's chief counsel, have faced scrutiny for their past associations.
Before their appointments, Kochman served as a director at the Interstate Natural Gas Association of America (INGAA), a powerful industry group. Coyle, too, provided legal services to INGAA and over 20 other pipeline, oil, and gas companies. Senator Cantwell's letters to these officials and INGAA request records and information to shed light on their interactions and potential conflicts.
The senator's letters cite a ProPublica investigation that uncovered an unprecedented push by Kochman and Coyle to reduce PHMSA's regulatory authority. This move has targeted critical safety and reporting requirements, raising concerns among pipeline safety advocates. Additionally, the agency's safety enforcement efforts have taken a significant hit. These changes align suspiciously well with the interests of INGAA and the pipeline industry.
"It's not just a matter of ethics; it's about ensuring the safety of the American public," Cantwell wrote in her letter to Kochman. "You're allowing industry to rewrite the rules while neglecting to enforce the existing ones."
Kochman and Coyle have remained silent, refusing to comment on the matter. A PHMSA spokesperson, however, maintains that the officials are in full compliance with federal ethics requirements. INGAA has also indicated its intention to respond to Cantwell's inquiry.
This situation is part of a larger deregulatory trend within the Department of Transportation (DOT), PHMSA's parent agency. Numerous safety rules opposed by transportation and infrastructure companies have been targeted, and safety enforcement has weakened across other DOT divisions. What's concerning is that many of the political appointees overseeing these changes previously worked for the very industries they now regulate, some with significant investments in transportation companies.
The alignment between industry and regulator is most evident at PHMSA. Kochman and Coyle are just two of four appointees with ties to the pipeline industry or related fields. Since their return this year, PHMSA has aggressively targeted pipeline and hazardous materials safety standards through a flurry of deregulatory rulemaking. Their proposals include limiting the conditions for safety waivers, increasing the threshold for reporting pipeline accidents, and raising shipping limits on explosive batteries.
PHMSA's output this year is impressive, with 23 notices of proposed rulemaking, surpassing even the Biden administration's four-year record. All these proposals bear Kochman's signature.
Interestingly, some of PHMSA's recent regulatory actions reference INGAA, Kochman's former employer. One notice, signed by Kochman, even cites INGAA's criticism of a Biden administration pipeline rule, a criticism Kochman himself submitted while at INGAA. This raises questions about the potential influence of industry groups on regulatory decisions.
The Pipeline Safety Trust, an advocacy group, has expressed alarm at these developments. Their executive director likened the actions of these industry-connected appointees to "the fox designing the henhouse." The trust was formed in response to a tragic pipeline rupture in 1999 that claimed the lives of three people, including two children.
PHMSA's actions under the new administration have also included quietly killing two major rulemaking initiatives: one to strengthen regulations for carbon dioxide pipelines and another to address pipeline leaks. The latter was mandated by the PIPES Act of 2020, signed into law by Trump during his first term.
Senator Cantwell's letters to Kochman and Coyle request records of their communications and meetings with INGAA since joining PHMSA, as well as details of any recusal attempts and cases where PHMSA reduced or dropped penalties. Similar requests were sent to INGAA.
"It's crucial that our pipeline safety officials maintain independence, adhere to federal ethics rules, and remain free from undue industry influence," Cantwell emphasized in her letter to the trade group. This inquiry sheds light on the complex relationship between regulators and the industries they oversee, leaving room for further discussion and debate.
