Archive for the ‘Keystone’ Category

Judge Pulls Spikes Off TransCanada’s Pipeline Tracks

via Wikimedia Commons

via Wikimedia Commons

TransCanada’s Keystone XL pipeline has been hurtling along and blowing through opposition like a runaway train. Opponents of the pipeline haven’t exactly been meek and mild but TransCanada has been able to roll right over them without so much as a bump.

Most of the opposition to the pipeline has focused on its obvious ecological demerits; the dirty fuel’s filthy extraction at the source in Alberta, the near certainty of a rupture, the consequences of fuel spills in the  Ogallala Aquifer, and the increase in global emissions. Those concerns have given way like wet Kleenex in the face of TransCanada’s political and financial clout. The State Department’s recent report on the pipeline’s impact certainly doesn’t look like it will produce much friction – its conclusion that pushing ahead with the project won’t have any significant impact on global emissions or the rate of oil sand extraction is hardly calculated to put the brakes on the project.

While TransCanada has been able to sweep the nation’s environmental groups aside, a single judge in Nebraska has succeeded in taking the sheen off the company’s aura of  invincibility. The Nebraska legislature, in its wisdom, recently passed a law placing the state’s power of eminent domain at TransCanada’s disposal. In effect, it forced landowners to sell their property to TransCanada by transferring the power to force such sales from the Nebraska Public Service Commission – where it had resided for more than a century – to Governor Dave Heineman.

Late last month, District Judge Stephanie F. Stacy took a long hard look at that law and decided to drag it out behind the barn and put a bullet in its head. The law, she said, was unconstitutional and void in that it divested the PSC of authority and bestowed upon the governor the ability to wield the power of eminent domain without the possibility of judicial review. In other words, it allowed the governor to grab Nebraskans’ land and give it to a foreign company for that company’s profit.

Nebraskans are an ornery and independent lot, and some of the ranchers over whose land the pipeline is slated to run didn’t take kindly to having the governor  snatch their property up in such an imperious fashion. Three landowners whose property was in the path of the pipeline filed suit. The judge’s decision went over very well with them. The attorney who handled their case had reason to crow, saying, “They thought the governor would be a rubber stamp and he was.”

For the time being, TransCanada will have to negotiate with every individual landowner along the pipeline’s route, a prospect that must not fill the company’s directors with delight; the ranchers in the pipeline’s path haven’t been sending TansCanada Valentine cards. The issue will surely be fed into the appeals system where it will grind along. But the delay won’t do the company any favors either. The administration is unlikely to act on the State Department report while the court’s clear this issue off the tracks – the delay is a perfect excuse not to act. And Nebraska isn’t the only state gumming up the works. The Texas Supreme Court recently handed pipeline opponents a major victory in ruling that TransCanada couldn’t avail itself of the right of eminent domain under the state’s “common carrier” regulations. “We’re thrilled,” said one of the plaintiffs fighting TransCanada’s land grab, “because the Supreme Court has finally ruled in favor of us—the little guys—and against a foreign oil giant.”

Nobody likes the idea of having their property taken and handed over to a foreign company so that company can make money off the property. The misuse of eminent domain has been a volatile issue ever since the Supreme Court’s Kelo v. City of New London opinion upholding a city’s use decision to use eminent domain to take property from one private owner for the gain of another private owner.

If Keystone is running into a buzz saw over the issue in deep red, oil-friendly states like Nebraska and Texas, it’s got more trouble on its hands than it might have reckoned with. TransCanada’s train may be running at full throttle, but the tracks might not be stable.

State Department Gets Coy on Keystone

via Wikimedia

via Wikimedia

The State Department announced on Friday afternoon that it had gazed upon the Keystone XL pipeline and found it passing fair. A model of diplomatic even-handedness, the report concedes that, yes, the pipeline will increase carbon emissions but heck, those emissions are going to increase anyway. The tar sands oil in Alberta is going to make it to market one way or the other, it concludes, and whether the pipeline is approved or not won’t make much difference in the end. “Approval or denial of any one crude oil transport project, including the proposed Project, is unlikely to significantly impact the rate of extraction in the oil sands or the continued demand for heavy crude oil at refineries in the United States,” the Department said.

Unlike an earlier draft, the final report addressed other environmental concerns beside carbon emissions. But its tone and conclusions are mild, allowing both opponents and backers of the pipeline to brandish the report in support of their respective positions.

The State Department was at pains to note that its analysis is only one factor in the administration’s final determination to approve the pipeline, which will also weigh national security, foreign policy and economic issues. Which is as much as to say that approval is all but assured. The environmental concerns were the alpha and omega of opposition to TransCanada’s plan to sluice the heavy oil from Canada to refineries in the Gulf Coast.

Consider some of the issues involved. Tar sands oil is some of the filthiest fuel on the market. Extracting it consumes extravagant amounts of water and leaves a wasteland of slurry behind. Large swaths of Alberta are even now heavily polluted as a result of the oil that’s already been sucked up. The pipeline will run through the Ogallala Aquifer, threatening the water supply for the world’s bread basket. Consider, too, that TransCanada has a hard time keeping oil and gas in the pipelines it’s already running around the U.S. Add all that up and throw in ham-fisted and sweeping seizures of private property under eminent domain to build the thing, and you have a volatile and messy way of moving a filthy product to market.

The report is blandly reassuring about the possibility of spills, noting that TransCanada is planning to change the line’s route through Nebraska, and will rely on satellite technology and an increased number of shutoff valves to minimize the risk of spills and leaks.

Eight other federal agencies have yet to weigh in on the project now that the Department has released its report. Meanwhile, the 30-day public comment period will open on February 5. You can let them know if their report troubles or soothes you.

No Good Deed Goes Unpunished

Via WikiMedia Commons

Via WikiMedia Commons

Rumor has it that North America may be energy independent within a few years.

Alternative energy sources like wind, solar, and biomass are contributing ever greater amounts to the nation’s energy bank. And the country’s traditional oil and gas industry is booming as it hasn’t in decades. Where the U.S. had become an energy mendicant, relying on unstable (and occasionally unsavory) sources overseas, the country is set to be a net energy exporter and will soon overtake Saudi Arabia as the globe’s top oil producer. Energy independence is a good thing. Weaning ourselves from middle Eastern oil reserves will bring market stability and reduce the temptation to secure our oil and gas supplies by force of arms.

But supplying the bulk of our own energy needs domestically presents challenges of its own.  Wind and solar electricity has to make its way from place where it is generated to consumers who might be thousands of miles away. The national grid is being upgraded but is not yet up to that task. Moving all the new oil and gas that’s flowing out of the various bonanzas around the country presents a whole separate category of problems. Quite aside from the environmental toll presented by hell-for-leather production in, say North Dakota or Alberta, just moving the stuff around the country safely and efficiently is a herculean task.

We generally think of oil and gas as flowing through pipelines. The Keystone Pipeline, which would bring tar sand oil from Alberta is a political flash point. Lots of people are questioning its safety, and for good reason. Exxon’s burst pipeline in Arkansas  and PG&E’s fiery pipeline failure in San Bruno are still fresh in the public mind.

But pipelines are not the only way oil gets around the country. Increasingly, it’s making its way to market by rail. And that’s proving to be a bit of a train wreck in its own right. Last month, the town of Casselton, ND had to be evacuated after a mile-long train carrying crude oil slammed into another train, resulting in thunderous explosions and a searing plume of toxic smoke. ABC tells us that this was the third accident in six months involving trains carrying North Dakota crude oil. In July, a train of 72 carloads of crude oil in Quebec derailed and burst into flames, killing  almost 50 people.

Coal, too, is being increasingly transported by train in the face of growing opposition.

It’s naive to think we don’t need the energy we’re pulling out of the ground with such new-found vigor. It’s also naive to think we could stop it being distributed around the country. But we shouldn’t think that energy independence is an unalloyed good. It presents a whole slew of problems of its own.

A Short Keystone Update

As another summer winds down, it looks increasingly like a final decision on the controversial Keystone XL pipeline project won’t arrive until next year. The State Department is currently finishing their assessment of the project, giving the Obama Administration time to confer with Canada (the pipeline would begin in Alberta, and would be owned by TransCanada, an Alberta company). So far, reports from the State Department have made no recommendation one way or the other, and President Obama has said that he would only approve the project after being assured that it would not “significantly exacerbate the problem of carbon pollution.”

As time stumbles on, prospects for the project seem to be growing dimmer, as more and more environmentalists come out of the wood work to oppose it. And if a new study from Ted Genoways at On Earth is to believed, it’s with good reason. Looking at Port Arthur, TX, a hub of oil and gas refineries where the Keystone Pipeline would end, Genoways found that mortality rates from cancer are 40% higher in Port Arthur than the rest of Texas, while cancer rates among African Americans in Port Arthur are 15% higher than elsewhere in the state. Then there are the lesser-but-still-very-serious conditions like heart disease, skin disorders, muscle aches, etc. which are also higher in Port Arthur. This is all very troubling, and suggests that taking all the time needed to assess this project from every conceivable angle isn’t such a bad idea, after all.

Oil and Water Don’t Mix

Ogallala Aquifer via Wikimedia Commons

Ogallala Aquifer via Wikimedia Commons

President Obama gave his long-awaited climate change speech this week. In it, he discussed possible approval of the Keystone Pipeline – the massive conduit to bring Canadian tar sands oil down to the gulf coast. In discussing the pipeline’s potential environmental effects, he focused – as most commentators do – on the impact of carbon emissions, both in extracting the tar sands oil and burning the stuff after it makes its way down the pipeline and into American (or Chinese) automobiles. “Allowing the Keystone pipeline to be built requires a finding that doing so would be in our nation’s interest,” he said. “And our national interest will be served only if this project does not significantly exacerbate the problem of carbon pollution.” Obama said that he would only approve the pipeline if the State Department certifies that it will not lead to a net increase in global carbon emissions. That drops the fate of the Keystone project in the lap of the new Secretary of State John Kerry who has not shown himself to be an enthusiastic backer of the plan.

The Keystone pipeline has been drawing lots of heated opposition of late, and not just from the usual tree-huggers and totebaggers.  Rock-ribbed Republican sections of the country are beginning to sour on the idea of sluicing some of the filthiest fuel ever devised across the entire center of the country.

And carbon pollution is hardly Keystone’s only problem, despite Obama’s emphasis on emissions. It’s not just the stuff flowing through the pipes which can cause problems when it’s ultimately burned. The pipelines themselves pose significant environmental hazards on their own.

Existing pipelines haven’t been doing Keystone any favors lately in the publicity department. The fact that the nation is crisscrossed with fuel pipes literally burst into the country’s consciousness when a natural gas line exploded in Bellingham, Washington in 1999, killing three boys playing nearby. A decade later, a PG&E pipeline exploded in Burlingame, California, killing eight people and leveling 38 homes. In March, an ExxonMobil pipeline dumped some 5,000 barrels of diluted bitumen onto Mayflower, Arkansas, forcing an evacuation, contaminating local rivers and lakes, and sickening local residents.

Then, just this month, a whopping 9.5 million liters of toxic oil waste leaked in Alberta, the source of Keystone’s tar sands oil.  The Globe and Mail tells us that across a broad expanse of northern Alberta, the landscape is dead. “Every plant and tree died” in the area touched by the spill, said James Ahnassay, chief of the Dene Tha First Nation. The leak is just one of several major spills in the region, and local residents are alarmed at what all those toxins will do to wetlands and their water supplies.

And what of Keystone? Well, aside from providing a means of moving filthy fuel from one of the largest and most destructive energy projects in the world, the proposed pipeline just happens to run smack dab through the Ogallala Aquifer, the principal source of water in an area composed of  174,000 square miles of eight states. The Ogallala Aquifer is the single most important source of water in the High Plains region, providing nearly all the water necessary for residential and industrial use, and supporting a whopping one-fifth of  the wheat, corn, cotton, and cattle raised in the United States. It’s a big, big deal.

The Aquifer is already being severely stressed by drought and over-consumption.  In some areas, the water table has declined by 200 feet.  Aquifer residents, already alarmed about stresses to their vital water supply, aren’t taking kindly to the prospect of a foreign company laying down hundreds of miles of inevitably leaky pipe over that precious resource.  Quite aside from balking at TransCanada’s aggressive pursuit of eminent domain claims over farmland, High Plains residents are increasingly concerned about the possibility of oil leaking into their wells. One notable property of tar sands oil is that it sinks, rather than floats, making clean up difficult and expensive.

TansCanada is lobbying furiously to gain approval for it’s pipeline. But Secretary Kerry would be well advised to consider the likelihood of contaminating some of America’s key drinking and agricultural water as his agency weighs the environmental impact of the Keystone pipeline. Carbon emissions are only one of the problem Keystone poses. Its potential threat to one of our nation’s most vital water supplies should not be shrugged aside.

Update from the Great Soon-To-Be-Not-Quite-As-White North

Photo by wikimedia/PMX. Some rights reserved.

Photo by wikimedia/PMX. Some rights reserved.

You’ve heard of Canada. Exporters of the finest maple syrups, snow-dusted land of elk and hockey, America’s sun hat (and just to be clear, that was an intentional “land of milk and honey” joke). When last we checked in with the great white north, the government of Alberta was setting up advanced techniques to monitor oil sands, in anticipation of the “infamously stalled” Keystone Pipeline (more on that here).

Now it appears that, in the face of a recent “lobbying blitz” by Canadian officials in support of that dastardly Keystone XL, the necessary voice of opposition is on its way to Washington. Yes, Tom Mulcair (leader of the Official Opposition in Canadian government, which is currently his New Democratic Party) will arrive in D.C. this week to oppose recent claims by the Canadian government (whom he says is “playing people for fools”) that Canada is only backing the Keystone project because it’s not as bad for the climate and the environment as its opponents claim it is. Muclair argues that these statements are fundamentally dishonest, as Canada’s environmental record is spottier than officials claim (they are the only country to withdraw from the Kyoto Protocol, and fail to meet the emission targets set at Copenhagen).

President Obama, who holds the omnipotent decision power on the Keystone project because it crosses country borders, has so far indicated that he is leanings towards scrapping Keystone, even as its proponents argue that this would result in a huge loss of potential jobs in the energy market.

However, as we also learn this week that 20% of Canada’s glaciers could melt by the year 2100 if the global average temperature rises 5.4 degrees or more in the interim time (a rate that fits with projected models), it seems to me that doing everything we can to protect Canada’s majestic natural beauty is in our own best interest! After all, a loss of all that glacial ice would result in a 1.4 inch rise in global sea levels, and we’ve discussed how that kind of change could negatively affect all sorts of other things.

Coming Down the Pipe

Photo by Carl Chapman. Some rights reserved.

Just days after the pomp and circumstance of the Inauguration, President Obama is being confronted with a renewed push to make a decision on one of the more divisive environmental issues of his presidency – the Keystone pipline. On Tuesday, Governor Dave Heineman of Nebraska approved new revisions to the pipeline route through the state, which became the last of the six states along the route to approve the plan. The President had previously delayed the approval process due to concerns about the Nebraska route, including possible effects on nearby water supplies in the event of a spill. A group of 53 Senators sent a letter to Obama encouraging swift approval of the  new plan.

One piece of the puzzle is still missing – an environmental review of the plan by the State Department is still underway and is expected to be completed sometime in March. While that review is separate, the approval from Nebraska at the state level has increased pressure to resolve the situation.

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