The Center for Biological Diversity told the U.S. Department of Commerce that President Joe Biden has the power to cut off Russian energy imports under the U.S. Trade Expansion Act, and should immediately investigate that option in response to the bloody military invasion of Ukraine authorized by Russian President Vladimir Putin.
The Commerce Department, State Department and White House didn't immediately respond to requests for comment Monday.
The environmental group said that every time the U.S. buys fossil fuel products from Russia, it "empowers" continued atrocities in Ukraine since oil and related fossil fuel exports represent 60% of Russia's exports and 40% of the country's overall economy. The group argued further that fossil fuel use, in general, threatens U.S. national security by driving the climate crisis, which has already been deemed a threat by the U.S. Department of Defense.
"If we can't stop the flow of dirty energy funding a murderous dictator, then what does that say?" said CBD senior counsel Bill Snape. "Getting off Russian oil is necessary for our national security, it would strengthen democracies around the world, and it moves us closer to phasing out all fossil fuels, as we need to do to maintain a livable planet."
The petition was filed under Section 232 of the Trade Expansion Act, which allows interested parties to submit requests for investigations and requires the department to immediately analyze the potential national security threats. After that investigation is started, Commerce then has up to 270 days to provide a report to the president outlining whether Russian fossil fuel imports harm national security — though a review could theoretically be finished within hours.
The petition specifically targets imports of crude petroleum oil, coal, petroleum coke and other fuels like propane, butane and ethylene. In 2020, Russia made up 7% of the total petroleum imports in the U.S., making it the third-biggest supplier of petroleum to the U.S. after Canada with 52% and Mexico with 10%, according to the U.S. Energy Information Administration. OPEC countries, none of which individually made up a larger portion of U.S. petroleum imports, collectively made up 11% of U.S. imports.
Snape told Law360 Monday that he's unaware of the Commerce Department previously choosing to ignore a similar petition but said CBD's petition is somewhat novel. That's because the environmental group isn't a company or industry group, which have traditionally made use of these sorts of petitions for relief. Section 232 has previously been used successfully by administrations in the name of national security, including by the Trump administration in 2018 when steep tariffs were imposed on foreign steel imports.
CBD argued the president also possesses powers to completely ban Russian oil imports through the National Emergencies Act and the International Emergency Economic Powers Act. Congress could also vote to force a ban.
The Russian invasion of Ukraine has sent shock waves through the world's energy markets, pushing crude oil prices to their highest levels in 13 years as the United States and its European allies have condemned the war and implemented financial measures to isolate the Russian economy in response. While major sanctions on Russia have so far largely skirted the country's energy sector, major energy giants like BP PLC, Equinor and Shell PLC have cut ties with the country, citing the ongoing crisis.
--Editing by Alex Hubbard.
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