After a few pandemic-related years of hiatus from taking on new rhetoric students, I have returned to the practice and the first topic we are working with is “The United States ought to prohibit the extraction of fossil fuels from federal public lands and waters.” Since (almost) every affirmative case on this topic is going to base its advocacy on the environment, here’s how I would negate:
I am staunchly opposed to this resolution and my opponent’s particular advocacy of it because I value education, as do you based on your vocation or at least participation in this activity, and we can measure the depth of education here with a criterion of topic-specific research, which is where my opponent — taking the easy bait of the thought-terminating cliche (Lifton, 1961) — claims to value by criterion of to advocate for environment over oil, except that it’s not as simple as that.
The problem that deeper research into this topic turns up is that the topic is too constrained — being limited to government policy on federal land use — to deliver the world-saving effects that they’re promising you.
Contention 1a: Minority of fossil fuel extraction in the US is from federal lands, limiting affirmative efficacy.
The Institute for Energy Research, a fossil fuel lobbying group, reports in December 2021 that:
Most recent data from the Department of Interior and the Energy Information Administration show crude oil production on the federal offshore to be 15 percent of total U.S. oil production and 8 percent on federal onshore lands in 2020 [and] natural gas production on the federal offshore to be 2 percent of total U.S. natural gas production and 8 percent on federal onshore lands in 2020.
IER, December 2021, https://www.instituteforenergyresearch.org/fossil-fuels/gas-and-oil/oil-and-natural-gas-production-on-federal-and-non-federal-lands/
So that’s less than 25% of domestic oil production and 10% of natural gas production.
Contention 1b: Private mineral rights put extraction on private property, not federal lands.
As NYU environmental studies professor Colin Jerolmack (who has a whole book on this topic) reported for The Grist in June 2021:
America is the only country in the world where property ownership commonly extends well above and below the land’s surface…. By making ownership of those underground resources absolute, the U.S. Constitution limited government’s ability to hoard the fruits of private industry. … Mineral-rights ownership, as it is called, has enormous, if often ignored, consequences for the politics of fracking in America. It means that the decision to extract gas and oil from the land beneath our feet … is largely a choice that thousands of ordinary people make without the consent of their neighbors, let alone future generations.
Jerolmack, June 2021, https://grist.org/fix/opinion/private-landowners-property-leasing-gas-fracking/
So when we do the research to become educated on this topic, we discover that the big federal government isn’t as engaged here as our biases — prompted by the resolution — suggest it is.
Contention 2: Extraction accounts for only a sliver of the environmental impact of fossil fuels.
Sub A: Standard transport and processing cause major environmental impact.
As Jes Burns for Jefferson Public Radio in southern Oregon reported in 2019 on the now-canceled Jordan Cove liquefied natural gas export terminal and pipeline that was being funded by Canadian company Pembina:
look at the gas before it gets to Jordan Cove, from where it’s being produced in the Rockies to the system of pipelines that deliver it to Coos Bay. There’s a big concern here about natural gas leaking from pipelines and wells. … Oil Change International used a middle-of-the-road methane leakage estimate and found the life cycle emissions for Jordan Cove would be about 36.8 million metric tons a year — about 17 times higher than the emissions in Oregon alone.
Burns, June 2019, https://www.ijpr.org/environment-energy-and-transportation/2019-06-25/jordan-cove-would-be-oregons-top-carbon-polluter-if-built
Once the natural gas gets to the refinery, it is liquefied for export resulting in additional metered emissions, same source:
Jordan Cove would export more than just LNG; it would also burn natural gas to power its equipment. … [A] compressor station near Klamath Falls would push natural gas from the Rockies and Canada … to the export terminal in Coos Bay. … Massive compressors would then liquefy the natural gas at the terminal site on Coos Bay. … That’s how the bulk of Jordan Cove’s carbon emissions would enter the atmosphere and contribute to global warming that is changing our planet’s climate. … Total annual expected greenhouse gas emissions in the project footprint are calculated as part of the federal environmental review that happens with projects like Jordan Cove. For Jordan Cove, those emissions amount to 2.14 million metric tons per year in Oregon.
Burns, June 2019, https://www.ijpr.org/environment-energy-and-transportation/2019-06-25/jordan-cove-would-be-oregons-top-carbon-polluter-if-built
Sub B: Transport disasters are non-unique and extratopical.
You may recall the catastrophic oil train derailment from the beginning of 2023 — it feels so long ago! — but Tom Perkins reported in The Guardian (February 2023) that the problem is with rail safety administration, not the cargo:
Ineffective oversight and a largely self-monitoring industry that has cut the nation’s rail workforce to the bone in recent years as it puts record profits over safety is responsible for the wreck, said Ron Kaminkow, an Amtrak locomotive engineer and former Norfolk Southern freight engineer. [Noting that] Up to 50% of volatile Bakken crude oil refined on the east coast currently runs through metro Pittsburgh, RPPP estimated, and about 176,000 Pittsburghers live in the derailment blast zone.
Perkins, February 2023, https://www.theguardian.com/us-news/2023/feb/11/ohio-train-derailment-wake-up-call
Or you might consider the 383,000 gallons of Canadian oil that spilled from the Keystone pipeline — sibling pipeline to the notorious Keystone XL that has been actively protested for many years now — in North Dakota as James MacPherson of the AP reported (via PBS) in October 2019:
“Our emergency response team contained the impacted area and oil has not migrated beyond the immediately affected area,” the company [TC Energy, formerly TransCanada] said in a statement.
MacPherson, October 2019, https://www.pbs.org/newshour/nation/keystone-oil-pipeline-leaks-383000-gallons-in-north-dakota
So TC Energy was role-modeling not extracting fossil fuels from our lands, I suppose? The larger point is that when we actually do the topical research to learn about the industry and the infrastructure, we realize how ineffective the federal government stopping its land leases is going to be at preventing environmental damage caused by fossil fuels.
Contention 3: Government abdication of responsibility saps solvency.
Let’s say for a moment that you, like a normal person, prefer the balm of the thought-terminating cliches that the affirmative assures you will solve your problems to the troubling depth of the situation I’ve presented. Well, sorry, it gets worse because there’s nothing stopping the federal government from divesting itself of public lands.
As Joel Webster inquires for the Theodore Roosevelt Conservation Partnership in January 2023:
Has Congress Put Public Land Sales Back on the Table? As of January 2023, the U.S. House of Representatives “rules” package, which determines how the chamber will operate this session, includes a change that makes it easier for the federal government to sell off or give away your public lands. The new rule removes the Congressional Budget Office’s requirement to consider the financial value of public lands if selling or transferring those lands to other entities.
Webster, January 2023, https://www.trcp.org/2023/01/24/congress-put-public-land-sales-back-table/
Or, to put it another way, after the back-and-forth on Bear Ears and the Alaskan Arctic National Wildlife Refuge over the past few years, the environmentally-antagonistic elements in our federal government are working hard to eliminate any benefit, no matter how small, the banning of fossil fuel extraction from public lands might offer by rendering the lands non-public; doing as the affirmative asks will merely catalyze their work to its disastrous completion to the profitable delight of big (Canadian) oil.
That, I propose, is what we were really supposed to be learning about when we were researching this topic that I must, based on my research, soundly oppose.


