Archive for the ‘Rights-of-Way’ Category

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.

Interior’s Bureau of Land Management Updates Solar Right-of-Way Policy

The Bureau of Land Management (BLM) recently published Instruction Memorandum (IM) 2011-003, which updated existing guidance on rights-of-way for solar energy projects on federal lands. The memo “provides policy guidance on early coordination with Federal land managers and stakeholders, the term of solar energy right-of-way authorizations, diligent development requirements, bond coverage, Best Management Practices (BMPs), and BLM access to records.”

Photo by An-tonio. Some rights reserved.

BLM’s stated goal in the solar energy arena is to “facilitate environmentally responsible development of solar energy projects on the public lands.” Commercial solar energy projects must submit applications to the BLM in order to be granted rights-of-way. The processing and authorization of such applications is pursuant to the BLM’s Rights-of-Way (ROW) regulations under 43 CFR Part 2800 (charmingly – and accessibly – laid out in Q&A format). The BLM rights-of-way webpage defines a ROW grant as “an authorization to use a specific piece of public land for a certain project, such as roads, pipelines, transmission lines, and communication sites. A ROW grant authorizes rights and privileges for a specific use of the land for a specific period of time.”

Because the Energy Policy Act aims for the approval of non-hydropower renewable energy projects of at least 10,000 megawatts on the public lands by 2015, BLM is giving special attention to renewables such as solar energy projects. Applications for these projects are being identified as “high priority” for purposes of processing. No utility-scale solar projects have been approved on BLM-managed land, but 188 applications are currently pending.

What with this special consideration, will the sun-drenched southwestern states (which boast some of the best solar radiation levels in the world) be inundated with large scale solar facilities? To make sure a swath of projects wouldn’t do more harm than good, the BLM is working with the Department of Energy to prepare a joint programmatic environmental impact statement assessing “the environmental, social, and economic impacts associated with solar energy development on BLM-managed lands in the states of Arizona, California, Colorado, Nevada, New Mexico, and Utah.”

The recently published guidance updates IM 2007-097, which establishes BLM’s policy for processing rights-of-way applications and evaluating the feasibility of installing solar energy systems. The guidance set forth will eventually be incorporated into BLM Manual 2801, Right-of-Way Management. Close on the heels of the updated guidance, law firm Orrick published an easily digestible Energy Update that addressed the revised policies point by point. The updated guidance is effective immediately.

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