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Legal Case: White House Argues Against Considering Climate Change on Energy Projects

9:20 am in Uncategorized by Steve Horn

Cross-Posted from DeSmogBlog

The White House

The White House

Just over a month before the United Nations convenes on September 23 in New York City to discuss climate change and activists gather for a week of action, the Obama White House Council on Environmental Quality (CEQ) argued it does not have to offer guidance to federal agencies it coordinates with to consider climate change impacts for energy decisions.

It came just a few weeks before a leaked draft copy of the Intergovernmental Panel on Climate Change’s (IPCC) latest assessment said climate disruption could cause “severe, pervasive and irreversible impacts for people and ecosystems.”

Initially filed as a February 2008 petition to CEQ by the International Center for Technology Assessment, the Sierra Club and the Natural Resources Defense Council (NRDC) when George W. Bush still served as President, it had been stalled for years.

Six and a half years later and another term into the Obama Administration, however, things have finally moved forward. Or backwards, depending on who you ask.

NEPA and CEQ

The initial February 2008 legal petition issued by the plaintiffs was rather simple: the White House’s Council for Environmental Quality (CEQ) should provide guidance to federal agencies it coordinates with to weigh climate change impacts when utilizing the National Environmental Policy Act (NEPA) on energy policy decisions.

A legal process completely skirted in recent prominent tar sands pipeline cases by both TransCanada and Enbridge, NEPA is referred to by legal scholars as the “Magna Carta” of environmental law.

CEQ oversees major tenets of environmental, energy and climate policy. It often serves as the final arbiter on many major legislative pushes proposed by Congress and federal agencies much in the same way the White House’s Office of Information and Regulatory Affairs (OIRA) does for regulatory policy.

In February 2010, Obama’s CEQ showed signs it would utilize NEPA in its policy decision-making process with regards to climate change, issuing a “Draft Guidance for Greenhouse Gas Emissions and Climate Change Impacts” and opening up a 90-day public comment period. Read the rest of this entry →

Obama Opened Floodgates for Offshore Fracking in Recent Gulf of Mexico Lease

12:22 pm in Uncategorized by Steve Horn

An offshore oil platform glows in the dark

Is widespread offshore fracking in America’s future?

In little-noticed news arising out of a recent Gulf of Mexico offshore oil and gas lease held by the U.S. Department of Interior’s Bureau of Ocean Energy Management, the floodgates have opened for Gulf offshore hydraulic fracturing (“fracking”).

With 21.6 million acres auctioned off by the Obama Administration and 433,822 acres receiving bids, some press accounts have declared BP America — of 2010 Gulf of Mexico offshore oil spill infamy — a big winner of the auction. If true, fracking and the oil and gas services companies who perform it like Halliburton, Baker Hughes and Schlumberger came in a close second.

On the day of the sale held at the Superdome in New Orleans, Louisiana, an Associated Press article explained that many of the purchased blocks sit in the Lower Tertiary basin, coined the “final frontier of oil exploration in the Gulf of Mexico” by industry analysts.

“The Lower Tertiary is an ancient layer of the earth’s crust made of dense rock,”explained AP. ”To access the mineral resources trapped within it, hydraulic fracturing activity is projected to grow in the western Gulf of Mexico by more than 10 percent this year, according to Houston-based oilfield services company Baker Hughes Inc., which operates about a third of the world’s offshore fracking rigs.”

Unlike other Gulf oil and gas, Lower Tertiary crude is located in ultra-deepwater reservoirs, industry lingo for oil and gas located 5,000 feet — roughly a mile — or deeper under the ocean.

Just over a week before the lease, the Mexican government passed energy reform legislation that will prop open the barn door for international oil and gas companies to sign joint ventures with state-owned oil company Pemex, including in Mexico’s portion of the Gulf of Mexico.

Baker Hughes Fracks the Tertiary

The May edition of World Oil explains that Baker Hughes has lead the way in technology innovation to tap into Lower Tertiary oil and gas, described as existing within “harsh HPHT conditions,” or high pressure, high temperature conditions.

Using offshore fracking techniques, Baker Hughes has aided Petrobas in developing a test well in the Cascade offshore field. The company believes the recent Gulf acreage sale by the Obama Administration will serve as a boon for further offshore fracking in the months and years to come.

“We expect that there will be more offshore stimulation in coming years,” Douglas Stephens, president of pressure pumping at Baker Hughes, told the AP in the lease’s aftermath.

Baker Hughes maintains roughly one-third of the world’s offshore fracking operations.

Fracking as “Next Frontier for Offshore Drilling”

Two weeks before the lease, Bloomberg published an article declaring that fracking could serve as the “next frontier for offshore drilling.” That next frontier will come at a steep cost: $100 million spent per well, according to Bloomberg.

Even Halliburton, key innovator of onshore fracking technology and the force behind the “Halliburton Loophole” within the Energy Policy Act of 2005, admits offshore fracking is risky business.

“It’s the most challenging, harshest environment that we’ll be working in,” Ron Dusterhoft, an engineer at Halliburton, told Bloomberg. “You just can’t afford hiccups.”

The article further explained that the oil industry at-large, and not just Baker Hughes and its fellow oil services companies, stand to win big from the push to frack the Gulf of Mexico.

“Those expensive drilling projects are a boon for oil service providers such as Halliburton, Baker Hughes Inc. and Superior Energy Services Inc. Schlumberger Ltd., which provides offshore fracking gear for markets outside the U.S. Gulf, also stands to get new work,” Bloomberg reported.

“And producers such as Chevron Corp., Royal Dutch Shell Plc and BP Plc may reap billions of dollars in extra revenue over time as fracking helps boost crude output.”

According to lease statistics made public by BOEM, 42 of the 81 blocks of oil and gas auctioned off on August 20 sit in water depths of over 1600 meters (roughly a mile, or 5,280 feet).

“All of the Above”

BOEM press release declared the Gulf lease falls under the broad umbrella of President Obama’s “all of the above” energy policy, which critics point to as a form of climate change denial.

Read the rest of this entry →

Explosive Virginia Train Carried Fracked Bakken Oil, Headed to Potential Export Facility

10:34 am in Uncategorized by Steve Horn

Cross-Posted from DeSmogBlog

Platts confirmed CSX Corporation’s train that exploded in Lynchburg, Virginia was carrying sweet crude obtained via hydraulic fracturing (“fracking”) in North Dakota’s Bakken Shale basin. CSXCEO Michael Ward has also confirmed this to Bloomberg.

“Trade sources said the train was carrying Bakken crude from North Dakota and was headed to Plains All American’s terminal in Yorktown,”Platts explained. “The Yorktown facility can unload 130,000 b/d of crude and is located on the site of Plains oil product terminal.”

In January, the U.S. Department of Transportation’s Pipeline and Hazardous Materials Safety Administration issued a Safety Alert concluding Bakken crude is more flammable than heavier oils. Hence the term “bomb trains.”

At least 50,000 gallons of the oil headed to Yorktown is now missing, according to ABC 13 in Lynchburg. Some of it has spilled into the James River, as previously reported on DeSmogBlog.

map available on CSX’s website displaying the routes for its crude-by-rail trains offers a clear indication of where the train was headed.

Formerly a refinery owned by Standard Oil and then BP/Amoco, Plains All American has turned the Yorktown refinery into a mega holding facility.

Yorktown may become a key future site for crude oil exports if the ban on exports of oil produced domestically in the U.S. is lifted.

Yorktown: Future Oil Export Mecca?

In February, Plains CEO Greg Armstrong said on the company’s quarter four earnings call that Yorktown is ideally situated geographically to become an oil export mecca if the ban is lifted.

When asked by an analyst from Bank of America about the ongoing debate over lifting the crude oil export ban, Armstrong discussed how Plains could stand to profit from exports.

“Ultimately we’re positioned, we think well for either answer if they allow blanket exports we have assets in the right places that can help build that market niche,” said Anderson.

Harry Pefanis, President and COO for Plains, sang a similar tune to Anderson.

“I guess if I also just add to that if there was export…we’ve got couple of locations that we could load ocean-going vessels. Yorktown is a location where we can rail-in and load out an ocean-going vessel,” Pefanis explained.

The industry lobbying effort to lift the U.S.-produced oil export ban has picked up major steam in 2014, with the geopolitical crisis in Ukraine and Russia serving as the hook.

Keystone XL Connection

It’s only a matter of time until the familiar oil industry overture begins. That is, pointing to the Lynchburg disaster as the reason why the northern leg of TransCanada’s Keystone XL tar sands pipeline must be built.

Read the rest of this entry →

BP’s Lake Michigan Spill: Did Tar Sands Spill into the Great Lake?

11:16 am in Uncategorized by Steve Horn

Cross-Posted from DeSmogBlog 

Is it conventional crude or tar sands? That is the question. And it’s one with high stakes, to boot.

The BP Whiting refinery in Indiana spilled between 470 and 1228 gallons of oil (or is it tar sands?) into Lake Michigan on March 24 and four days later no one really knows for sure what type of crude it was. Most signs, however, point to tar sands.

The low-hanging fruit: the refinery was recently retooled as part of its “modernization project,” which will “provide Whiting with the capability of processing up to about 85% heavy crude, versus about 20% today.”

As Natural Resources Defense Council (NRDC) Midwest Program Director Henry Henderson explained in a 2010 article, “heavy crude [is] code for tar sands.”

Albeit, “heavy crude” is produced in places other than Alberta’s tar sands, with Venezuela serving as the world’s other tar sands-producing epicenter. So, in theory, if it’s heavy crude that spilled into Lake Michigan, it could be from Venezuela.

But in practice, the facts on the ground tell a different story. As a January 2014 article in Bloomberg outlined, the combination of the U.S. hydraulic fracturing (“fracking”) boom and the Canadian tar sands boom has brought U.S. imports of Venezuelan oil to 28-year lows.

Which brings us to the next question: how does the Canadian “heavy crude” get to BP’s Whiting refinery to begin with? Enter: Enbridge’s Line 6A pipeline.

Alberta Clipper/Line 6A

Dan Goldblatt, a spokesman for the Indiana Department of Environmental Management, told DeSmogBlog he wasn’t sure what type of oil was spilled into Lake Michigan from the BP Whiting refinery  — which goes back to why it’s just being referred to as “oil” at this point by officials.

Goldblatt said the U.S. Environmental Protection Agency (EPA) will be looking into it as part of its investigation.

“Right now they’re more focused on recovery than on what type of oil it is,” Goldblatt said. “That’s a little further down the line.”

When asked about which pipeline feeds the BP Whiting refinery beast, Goldblatt told DeSmogBlog it’s Enbridge’s Line 6A pipeline.

Part of Enbridge’s “Lakehead System,” Line 6A stretches from Superior, Wis., to Enbridge’s Griffith/Hartsdale holding terminal in northwest Indiana.

“Lakehead System serves all the major refining centers in the Great Lakes … through its connection with the affiliated Canadian pipeline,” explains Enbridge’s Lakehead System website. “Total deliveries on the Lakehead System averaged 1.65 million [barrels per day] in 2009, meeting approximately … 70 percent of the refinery capacity in the greater Chicago area.”

Enbridge’s Line 67 (AKA Alberta Clipper) pipeline serves as the corridor between Alberta’s tar sands and Line 6A. Alberta Clipper currently awaits a capacity expansion permit from the U.S. State Department, which it applied for in November 2012 and needs because it’s a U.S.-Canada border-crossing line.

It was originally approved by President Barack Obama’s State Department in August 2009.

If approved, Line 67′s expansion would morph it from a 450,000 barrels per day pipeline to a 570,000 barrels per day pipeline. Its “full design capacity is 880,000 [barrels per day] of heavy crude oil,” (emphasis mine) according to theexpansion application it submitted to the State Department.

Hydrocarbon Technologies, which offers “market insight tools covering all segments of the global hydrocarbons market,” also points to the ties that bind Alberta’s tar sands, Enbridge’s Line 6A and the BP Whiting refinery.

“Once the modernisation project is complete, BP aims to increase the use of Canadian crude from oil sands via the Enbridge [Line 6A] pipeline, which runs from Alberta to Illinois,” explains Hydrocarbon Technologies.

In 2010, Line 6A spilled in a major way in Romeoville, Ill., with 6,050 barrels of oil escaping. An account in oil and gas industry trade publication PennEnergy explains the pipeline was carrying “heavy crude oil.”

“When the leak occurred, the Line 6A was transporting approximately 459,000 barrels per day of heavy crude oil,” the reporter detailed.

The “Dilbit Disaster” Connection

Line 6A is connected to the 2010 spill of over 843,000 gallons of tar sands into the Kalamazoo River, a Lake Michigan tributary. Literally.

Read the rest of this entry →

BP Doubles Initial Size Estimate of Lake Michigan Oil Spill

7:37 pm in Uncategorized by Steve Horn

Cross-Posted from DeSmogBlog

Three days after spilling crude oil into Lake Michigan, BP has doubled its spill estimate to between 470 and 1228 gallons. The leak happened at its refinery in Whiting, Ind.

Although some of the oil has been cleaned up, it’s unclear how much is left in the lake, a drinking water source for about seven million Chicagoans.

Located just across the Illinois-Indiana state border, Whiting is home to the sixth largest refinery in the U.S. The refinery just went through a $4 billion “modernization project,” giving it “the capability of processing up to about 85 percent heavy crude.” That’s up from its original 20 percent, says BP’s website.

“Frigid temperatures caused some of the oil to harden into a waxy consistency that made it easier to collect,” BP spokesman Scott Dean told The Chicago Tribune. “Crews used vacuum trucks to suck up any liquid oil that washed ashore.”

The day after the spill, U.S. Sen. Dick Durbin (D-IL) and U.S. Sen. Mark Kirk (R-IL), as well as U.S. Sen. Debbie Stabenow (D-MI) and U.S. Sen. Carl Levin (D-MI) issued press releases in which they pledged to hold BP accountable for the spill. Durbin and Kirk also wrote a follow-up letter to BP, requesting a meeting with BP.

“Any unanticipated spill is cause for concern, but given the Whiting refinery’s recent expansion of its operations to double the amount of heavy oil sands being processed, this spill raises questions about the long-term safety and reliability ofBP’s new, expanded production at Whiting,” they wrote.

Chicago Mayor (and President Obama’s former Chief-of-Staff) Rahm Emanuel had similar things to say.

“I expect a full accounting to the public,” said Emanuel. “I want a report on what happened, how it happened, why did it happen, how much happened and how do you prevent it from ever happening again.”

Though BP claims it’s “recovered the vast majority of oil that had been visible on the surface,” questions remain.

For one, what type of oil was spilled? The refinery processes tar sands bitumen, which sinks in freshwater, a point alluded to in Kirk and Durbin’s letter to BP.

Video Shows Cleanup Crew Offshore

According to a March 25 EPA press release, the “U.S. Coast Guard has flown over the area and has not observed any visible sheen.”

EPA has also deployed a “Shoreline Cleanup Assessment Team,” which consists of employees of the Coast Guard, EPA and BP. The team says it “saw minimal oiling of the shoreline and recommended a small manual removal crew conduct maintenance along the shoreline” and posted some pictures of its cleanup efforts online.

The EPA’s account has become the widely accepted one in local and national media. But a video placed on The Chicago Tribune’s website calls some of it into question.

Read the rest of this entry →

Tar Sands’ Next Frontier: Shipments on the Great Lakes

2:38 pm in Uncategorized by Steve Horn

Cross-Posted from DeSmogBlog

The Great Lakes, drinking water source for over 40 million North Americans, could be the next target on tar sands marketers’ bullseye according to a major new report out by the Chicago-based Alliance for the Great Lakes.

The 24-page report, “Oil and Water: Tar Sands Crude Shipping Meets the Great Lakes?“ unpacks a new looming threat to the Great Lakes in the form of barges transporting tar sands along the Great Lakes to targeted midwestern refinery markets. As the report suggests, it’s a threat made worse by an accompanying “Wild West”-like regulatory framework.

“The prospect of tar sands shipping on the Great Lakes gives rise to fundamental social and economic questions about whether moving crude oil by vessel across the world’s single largest surface freshwater system is a venture this region wants to embrace, despite the known risks,” the report says early on.

Calumet Specialty Products Partners LP is one of the major corporations hedging its bets on moving tar sands along the Great Lakes — and oil obtained via hydraulic fracturing (“fracking”) from North Dakota’s Bakken Shale basin — and may begin doing so as early as 2015.

“[I]ndustry observers and consultants speculate this crude could travel from Wisconsin across Lake Superior to Lake Michigan, and on to refineries in Whiting, Ind., Lemont, Ill., and possibly Detroit, Mich. near Lake Erie,” the report details. “Other potential destinations include Sarnia, Ontario on Lake Huron, or even an East Coast refinery.”

As a recent GasBuddy.com article explained, BP’s Whiting, Indiana refinery - capable of refining far more tar sands crude with its Modernization Project - will soon open for business.

“Sources say that BP’s modernization of the company’s 405,000-b/d Whiting, Ind., refinery is on schedule with all units now operating,” the article explained. “That includes a brand new 105,000-b/d coker that will eventually allow the plant to use about four times as much heavy sour Canadian crude compared with it had used previously.”

Market Glut a Market Opportunity for Great Lakes Shippers

Midwest tar sands pipelines abound, such as Enbridge’s Alberta Clipper/Line 67 pipeline, the original Transcanada Keystone pipeline and the forthcoming Enbridge Flanagan South pipeline, but with nearly two dozen tar sands refineries located in the region, pipelines serve as only one way to get the product to market.

“Even today, there is more tar sands crude being extracted from Alberta, Canada than current transportation channels can bring to market,” reads the report. “About 70 percent of these extracted tar sands are sent to refineries in the American Midwest and approximately 99 percent stay in the U.S.”

New Threat Looming?

Still early in the game, Calumet’s fast-paced maneuvering to ship 35,000 barrels of tar sands per day along Lake Superior has sparked opposition from close observers.

“[A]s tar sands crude spill cleanups have proved particularly problematic, a cleanup of a deep-water tar sands crude spill in the Great Lakes would present new and extraordinary challenges,” the report posits. ”With the amount of tar sands crude shipped on the Great Lakes by vessel poised to expand as early as 2015, the Great Lakes will soon face a new threat that poses a substantial risk to their future.”

As recent massive tar sands spills into Mayflower, Arksansas’ Lake Conway and Michigan’s Kalamazoo River have demonstrated, once tar sands spill into major waterways, comprehensive cleanup becomes virtually impossible.

It remains to be seen whether policymakers will learn from these past spills, or will just brush them aside in the race to send massive amounts of tar sands crude to midwest markets.

“We’re at a crossroads now, with companies starting to seek permits for new oil terminals,” Lyman Welch, Director of the Alliance for Great Lakes’ Water Quality Program and the report’s lead author said in a press release. “Before our region starts sinking money into shipping terminals for the Great Lakes, our task should be to ask ‘if’ rather than ‘when.’”

“Frackademia” By Law: Section 999 of the Energy Policy Act of 2005 Exposed

3:41 pm in Uncategorized by Steve Horn

Cross-Posted from DeSmogBlog

With the school year starting for many this week, it’s another year of academia for professors across the United States — and another year of “frackademia” for an increasingly large swath of “frackademics” under federal law.

“Frackademia” is best defined as flawed but seemingly legitimate science and economic studies on the controversial oil and gas horizontal drilling process known as hydraulic fracturing (“fracking”), but done with industry funding and/or industry-tied academics (“frackademics”).

While the “frackademia” phenomenon has received much media coverage, a critical piece missing from the discussion is the role played by Section 999 of the Energy Policy Act of 2005. Although merely ten pages out of the massive 551-page bill, Section 999 created the U.S. Department of Energy-run Research Partnership to Secure Energy for America (RPSEA), a “non-profit corporation formed by a consortium of premier U.S. energy research universities, industry and independent research organizations.”

Under the Energy Policy Act of 2005, RPSEA receives $1 billion of funding – $100 million per year – between 2007 and 2016. On top of that, Section 999 creates an “Oil and Gas Lease Income” fund “from any Federal royalties, rents, and bonuses derived from Federal onshore and offshore oil and gas leases.” The federal government put $50 million in the latter pot to get the ball rolling.

The Energy Policy Act of 2005′s ”Halliburton Loophole” — which created an enforcement exemption from the Clean Water Act and the Safe Drinking Water Act for fracking, and made the chemicals found within fracking fluid a “trade secret” — is by far the bill’s most notorious legacy for close followers of fracking.

These provisions were helped along by then-Vice President Dick Cheney’s Energy Policy Task Force, which entailed countless meetings between Big Oil lobbyists and executives and members of President George W. Bush’s cabinet. Together, these lobbyists and appointees hammered out the details behind closed doors of what became the Energy Policy Act of 2005, a bill receiving a “yes” vote by then-U.S. Sen. Barack Obama.

Meanwhile, almost no focus – comparatively speaking – has gone into scrutinizing Section 999, which subsidizes biased pro-industry studies for a decade and in turn, further legitimizes unfettered fracking nationwide.

Speaking at an industry public relations conference in Houston, TX in 2011 - the same conference in which it was revealed the shale gas industry is using psychological warfare tactics on U.S. citizens and recommending the military’s “Counterinsurgency Field Manual” for “dealing with an insurgency” of Americans concerned about fracking – S. Dennis Holbrook of Independent Oil and Gas Association of New York stated that it’s crucial for industry to “seek out academic studies and champion with universities—because that again provides tremendous credibility to the overall process.”

Section 999: In Service to Big Oil

RPSEA’s “FAQ” section makes its raison d’être crystal clear.

“The objective of RPSEA is to leverage research dollars along with the technical expertise and experience of RPSEA Members to conduct industry led research and development work to help commercialize domestic…Unconventional Onshore Hydrocarbon Resources,” RPSEA’s website explains. “RPSEA will focus on innovative technologies to reduce the costs of production, expand and extend the nation’s hydrocarbon resource base…” Read the rest of this entry →

Keystone XL Scandal: Obama Attorney’s Law Firm Represents TransCanada’s Pipeline in Alaska

11:30 am in Uncategorized by Steve Horn

Bob Bauer

Obama Attorney Robert Bauer works for TransCanada’s law firm.

DeSmogBlog investigation reveals that Robert Bauer, former White House Counsel and President Barack Obama’s personal attorney, works at the corporate law firm Perkins Coie LLP, which does legal work for TransCanada’s South Central LNG Project, formerly known as Alaska Gas Pipeline Project.

Furthermore, Dan Sullivan, current Commissioner of Alaska’s Department of Natural Resources, and former Alaska Attorney General and former Assistant Secretary of State in the Bush Administration, is a former Perkins attorney.

These findings come in the immediate aftermath of a recent investigation revealing the contractor hired by Obama’s U.S. State Department to do the Supplemental Environmental Impact Statement (SEIS) for the northern half of TransCanada’s Keystone XL tar sands export pipeline - Environmental Resources Management, Inc. (ERM Group) - lied on its June 2012 conflict-of interest filing. ERM Group checked the box on the form saying it had no current business ties to TransCanada.

In fact, ERM - a member of the American Petroleum Institute (API), which has spent over $22 million lobbying on tar sands and Keystone XL since 2008 - does maintain business ties to TransCanada, the investigation revealed. This includes an ongoing consulting relationship with South Central LNG, co-owned by TransCanada, ExxonMobil, BP and ConocoPhillips.

Under 18 USC § 1001, making a “materially false, fictitious, or fraudulent statement or representation…[to the] executive, legislative, or judicial branch of the Government of the United States” is a crime punishable by up to five years in jail.

On top of his job at Perkins Coie, Bauer – a well-known architect of bending campaign finance law to allow more corporate money to flood into electoral races – served as general counsel to President Obama’s 2012 reelection campaign. He also serves as general counsel to the Democratic National Committee and did electoral law work for John Kerry’s 2004 presidential campaign.

His wife, Anita Dunn is the co-owner of SDKnickerbocker, former Obama Communications Director, senior advisor for Obama’s 2012 re-election campaign and is the former communications director for the Democratic Senatorial Campaign Committee under then-Senator Kerry. She’s met with top Obama administration officials more than 100 times since leaving in 2009, according to a recent New York Times investigation.

Dunn currently does public relations work on behalf of TransCanada and freight rail industry lobbying group, American Association of Railroads (AAR). The tar sands pipeline boom comes alongside a freight rail boom to carry tar sands crude and fracked oil from North Dakota’s Bakken Shale.

“ERM lied on its conflict of interest disclosure form, and State was either asleep at the wheel or chose to look the other way,” FOE’s Ross Hammond told The Washington Post in a recent piece commenting on ERM’s “Pinocchio moment.”

Given the myriad ties that bind, “looking the other way” appears more plausible.

Perkins Coie’s Legal Bidding for Democrats, TransCanada AK Gas Pipeline Project

Perkins Coie is a global firm with 19 offices worldwide and maintains close ties to the Democratic Party above and beyond Bob Bauer.

Bauer’s colleague Mark Ellis, for example, does legal work on behalf of the “Democratic Senatorial Campaign Committee, the Democratic Congressional Campaign Committee, the Democratic Governors Associations and numerous U.S. senators and representatives and their campaigns,” according to his Perkins Coie biography.

The Oil and Gas legal work portion of Perkins’ website highlights its legal work in Alaska.

“In Alaska, our lawyers have long represented leading oil and gas companies on the North Slope and the Cook Inlet…We are extensively involved in efforts to develop the Point Thomson field and commercialize Alaska’s natural gas resources with a pipeline to Lower 48 markets.”

The “efforts to…commercialize Alaska’s natural gas resources with a pipeline to Lower 48 markets” that Perkins’ website refers to is the South Central LNG Project co-owned by TransCanada.

map on the original Alaska Gas Pipeline Project website depicts the route: 

“The project is designed to connect Alaska’s North Slope natural gas resources to new markets and deliver a reliable and secure source of clean burning energy for decades to come,” explain TransCanada and ExxonMobil on the original Alaska Gas Pipeline Project website. “TransCanada and ExxonMobil have the expertise, experience, and financial capability to develop what would be one of the largest privately funded energy projects in the history of North America.”

Before providing legal aide to South Central LNG, Perkins helped the Trans-Alaska Pipeline System (TAPS) - co-owned by Koch Industries, ExxonMobil, BP, ConocoPhillips and Chevron and often referred to as the Alyeska Pipeline - get up and running. TAPS takes oil from the Alaska North Slope to the Valdez Marine Terminal, home of the Exxon Valdez spill.

Perkins’ legal aide, in fact, made TAPS a reality according to an interview appearing online with Perkins’ veteran attorney Guy Martin. Martin was instrumental in opening Perkins’ office focusing on Alaska in Washington DC.

Read the rest of this entry →

Oops, Inc.: Firm with History of Cover-Ups Hired to Clean Up Arkansas Tar Sands Spill

5:50 pm in Uncategorized by Steve Horn

Cross-Posted from DeSmogBlog

Arkansas’ Attorney General Dustin McDaniel has contracted out the “independent analysis of the cleanup” of the ExxonMobil Pegasus tar sands pipeline spill to Witt O’Brien’s, a firm with a history of oil spill cover-ups, a DeSmogBlog investigation reveals.

At his April 10 press conference about the Mayflower spill response, AG McDaniel confirmed that Exxon had turned over 12,500 pages of documents to his office resulting from a subpoena related to Exxon’s response to the March 29 Pegasus disaster. A 22-foot gash in the 65-year-old pipeline spewed over 500,000 gallons of tar sands dilbit through the streets of Mayflower, AR.

McDaniel also provided the media with a presser explaining that his office had“retained the assistance of Witt O’Brien’s, a firm whose experts will immediately begin an independent analysis of the cleanup process.”

Witt O’Brien’s describes itself as a “global leader in preparedness, crisis management and disaster response and recovery with the depth of experience and capability to provide services across the crisis and disaster life cycle.”

But the firm’s actual performance record isn’t quite so glowing. O’Brien’s has had its hands in the botched clean-up efforts of almost every high-profile oil spill disaster in recent U.S. history, including the Exxon Valdez spill, the BP Deepwater Horizon spill, the Enbridge tar sands pipeline spill into the Kalamazoo River, and Hurricane Sandy.

Most troubling of all, Witt O’Brien’s won a “$300k+ contract to develop a Canadian-US compliant Oil Spill Emergency Response Plan for TransCanada’s Keystone Oil Pipeline Project” in Aug. 2008.

Thus, if the Keystone XL (KXL) pipeline inevitably suffered a major spill, Witt O’Brien’s would presumably handle the cleanup. That should worry everyone along the proposed KXL route.

From OOPS, Inc. to Witt O’Brien’s

In Dec. 2012, Witt Associates merged with O’Brien’s Response Management to form Witt O’Brien’s. The merger at-large is owned by Seacor Holdings.

O’Brien’s was formed in the early 1980s by Jim O’Brien – a former U.S. Coast Guard officer – as O’Brien Oil Pollution Service, otherwise known by OOPS, Inc. That’s not a joke, it was their actual name.

OOPs, Inc. was acquired by Seacor Holdings Inc. under the auspices of Seacor Environmental Services division in 1997, later renamed The O’Brien’s Group (TOG). TOG was later re-named O’Brien’s Response Management Inc. in Oct. 2008.

Importantly, in Dec. 2009, O’Brien’s acquired a powerful public relations spin machine wing, as its former website explains:

In December of 2009, O’Brien’s completed the successful acquisition of PIER (Public Information Emergency Response) Systems Inc., a crisis communications company that has developed the PIER software application, an all-in-one, web-based solution for communications management, public relations, media monitoring, employee notification, and business continuity.

Witt Associates, meanwhile, was founded by James Witt, former head of the Federal Emergency Management Agency (FEMA) under President Bill Clinton who also served Gov. Clinton in Arkansas as head of the state’s Office of Emergency Services. He started Witt Associates upon leaving his Clinton Administration post.

Oil and Gas Industry Ties Run Deep at Witt O’Brien’s

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State Department’s Keystone XL Contractor ERM Green-Lighted BP’s Explosive Caspian Pipeline

9:09 am in Uncategorized by Steve Horn

Cross-Posted from DeSmogBlog

The more things change, the more they stay the same. 

Map of BTC Pipeline

The BTC Pipeline, called the "New Silk Road" but also a "Time Bomb," reveals many potential flaws of the KXL Pipeline.

Almost 11 years ago in June 2002, Environmental Resources Management (ERM) Group declared the controversial 1,300 mile-long Baku–Tbilisi–Ceyhan (BTC) Pipeline environmentally and socio-economically sound, a tube which brings oil and gas produced in the Caspian Sea to the export market.

On March 1, it said the same of the proposed 1,179 mile-long TransCanada Keystone XL (KXL) Pipeline on behalf of an Obama State Department that has the final say on whether the northern segment of the KXL pipeline becomes a reality. KXL would carry diluted bitumen or “dilbit” from the Alberta tar sands down to Port Arthur, Texas, after which it will be exported to the global market

ERM Group, a recent DeSmogBlog investigation revealed, has historical ties to Big Tobacco and its clients include ExxonMobil, ConocoPhillips and Koch IndustriesMother Jones also revealed that ERM – the firm the State Dept. allowed TransCanada to choose on its behalf - has a key personnel tie to TransCanada.

Unexamined thus far in the KXL scandal is ERM’s past green-light report on the BTC Pipeline – hailed as the “Contract of the Century” – which has yet to be put into proper perspective.

ERM is a key player in what PLATFORM London describes as the “Carbon Web,” shorthand for “the network of relationships between oil and gas companies and the government departments, regulators, cultural institutions, banks and other institutions that surround them.”

In the short time it has been on-line, the geostrategically important BTC pipeline - coined the “New Silk Road” by The Financial Times - has proven environmentally volatile. A full review of the costs and consequences of ERM’s penchant for rubber-stamping troubling oil and gas infrastructure is in order.

Massive Pipeline, Massive Hype: Sound Familiar?

Like the Keystone XL, the BTC Pipeline – owned by a consortium of 11 oil and gas corporations, including BP, State Oil Company of Azerbaijan (SOCAR), Chevron, ConocoPhillips, Eni and Total – was controversial and inspired a bout of activism in the attempt to defeat its construction.

Referred to as “BP’s Time Bomb” by CorpWatch, the BTC Pipeline was first proposed in 1992, began construction in May 2003 and opened for business two years later in May 2005. BTC carries oil and gas from the Azeri-Chirag-Gunashli (ACG) Caspian Sea oil field, co-owned by Chevron, SOCAR, ExxonMobil, Devon Energy and others, which contains 5.4 billion recoverable barrels of oil.

Paralleling the prospective 36-inch diameter Keystone XL that would carry 830,000 barrels per day of tar sands bitumen through the U.S. heartland, the BTC serves as a 42-inch diameter export pipeline and moves 1 million barrels of oil per day to market.

Like today’s KXL proposal – which would only create 35 full-time jobs – the false promise of thousands of jobs also served as the dominant discourse for BTC Pipeline proponents. The reality, like KXL, was more dim. The Christian Science Monitor pointed out in 2005 that only 100 people were hired full-time in Georgia, the second destination for BTC.

“People were told that there would be 70,000 Georgians that were going to be employed because of this pipeline,” Ed Johnson, BP’s former project manager in Georgia told the St. Petersburg Times in 2005. “The (Georgian) government needed to sell the project to its own people so some of the benefits were overblown.”

Massive Ecological Costs and Consequences

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