You are browsing the archive for Keystone XL South.

Recent Federal Court Decision Could Muddy Waters for Keystone XL South, Flanagan South

2:20 pm in Uncategorized by Steve Horn

Cross-Posted from DeSmogBlog

The case depicts a collision between long-standing principles of environmental law and President Barack Obama’s March 2012 Executive Order expediting pipeline reviews — an order issued six days after delivering a speech in front of the pipe segments that would two years later be pieced together as Keystone XL South, now open for business.

On June 6, the U.S. Court of Appeals for the District of Columbia Circuit handed down a ruling that will serve as important precedent for the ongoing federal legal battles over the Keystone XL and Flanagan South tar sands pipelines.

In the Delaware Riverkeeper v. Federal Energy Regulatory Commission (FERC) case, judges ruled that a continuous pipeline project cannot be segmented into multiple parts to avoid a comprehensive National Environmental Policy Act (NEPA) review. This is what Kinder Morgan proposed and did for its Northeast Upgrade Project.

As reported on DeSmogBlog, the U.S. Army Corps of Engineers did the same thing to streamline permitting for both the southern leg of TransCanada’s Keystone XL and Enbridge’s Flanagan South. Sierra Club and co-plaintiffs were denied injunctions for both pipelines in October and November 2013, respectively.

Delaware Riverkeeper v. FERC dealt with breaking up a new 40-mile long pipeline upgrade into four segments. For the other two cases, the Army Corps of Engineers shape-shifted the two projects — both hundreds of miles long each — into thousands of “single and complete” projects for permitting purposes.

On the day of the Delaware Riverkeeper v. FERC decision, Sierra Club attorney Doug Hayes submitted the case as supplemental authority for the ongoing Flanagan South case.

On May 5, Hayes also submitted paperwork to appeal the Keystone XL Southdecision in front of the U.S. Court of Appeals for the Tenth Circuit, which was docketed by the clerk of Ccurt the next day.

Hayes told DeSmogBlog his side will file an opening brief for the appeal on July 30. It seems likely Delaware Riverkeeper v. FERC will be a key part of that appeal.

In a sign of the importance of the outcome for the oil and gas industry, theAmerican Petroleum Institute (API) entered the Sierra Club v. Army Corps of Engineers case on Keystone XL as an intervenor on May 16, represented by corporate law firm Hunton & Williams.

At the federal level, Hunton & Williams lobbies on behalf of Koch Industries, a company with a major stake in tar sands leases and refining.

“No Uncertain Terms”

Hayes told DeSmogBlog that Delaware Riverkeeper v. FERC could prove a game-changer for the Keystone XL southern leg (now dubbed the Gulf Coast Pipeline Project) appeal, the Flanagan South decision and far beyond.

“Delaware Riverkeeper is important in many respects,” Hayes said. “In general, the D.C. Circuit is considered the second most powerful court in the country and here it held, in no uncertain terms, that agencies must analyze all parts of these interrelated projects under NEPA to get the full picture of the environmental impacts.”

The case depicts a collision between long-standing principles of environmental law and President Barack Obama’s March 2012 Executive Order expediting pipeline reviews — an order issued six days after delivering a speech in front of the pipe segments that would two years later be pieced together as Keystone XL South, now open for business.

Executive Order 13604

Executive Order 13604, signed on March 28, 2012, said “agencies shall…coordinate and expedite their reviews…as necessary to expedite decisions related to domestic pipeline infrastructure projects that would contribute to a more efficient domestic pipeline system for the transportation of crude oil.”

Read the rest of this entry →

Silent Coup: How Enbridge is Quietly Cloning the Keystone XL Tar Sands Pipeline

10:48 am in Uncategorized by Steve Horn

Cross-Posted from DeSmogBlog 

A Canadian flag dripping with oil

Despite activist opposition, “pipeline giant Enbridge has quietly cloned its own Keystone XL in the U.S and Canada.”

While the debate over the TransCanada Keystone XL tar sands pipeline has raged on for over half a decade, pipeline giant Enbridge has quietly cloned its own Keystone XL in the U.S and Canada.

It comes in the form of the combination of Enbridge’s Alberta Clipper (Line 67), Flanagan South and Seaway Twin pipelines.

The pipeline system does what Keystone XL and the Keystone Pipeline System at large is designed to do: ship hundreds of thousands of barrels per day of Alberta’s tar sands diluted bitumen (“dilbit”) to both Gulf Coast refineries in Port Arthur, Texas, and the global export market.

Alberta Clipper and Line 67 expansion

Alberta Clipper was approved by President Barack Obama and the U.S. State Department (legally required because it is a border-crossing pipeline like KeystoneXL) in August 2009 during congressional recess. Clipper runs from Alberta to Superior, Wis.

Initially slated to carry 450,000 barrels per day of dilbit to market, Enbridge now seeks an expansion permit from the State Department to carry up to 570,000 barrels per day, with a designed capacity of 800,000 barrels per day. It has dubbed the expansion Line 67.

As reported on previously by DeSmogBlog, Line 67 is the key connecter pipeline to Line 6A, which feeds into the BP Whiting refinery located near Chicago, Ill., in Whiting, Ind. BP Whiting — the largest in-land refinery in the U.S. — was recently retooled to refine larger amounts of tar sands under the Whiting Refinery Modernization Project. 

Line 67 also connects to Line 61 via a fork in the road of sorts in Wisconsin. From there, it heads to Flanagan, Ill., the namesake of the start of Enbridge’s Flanagan South pipeline.

Like Keystone XL, Enbridge’s Line 67 expansion project has faced unexpected delays in its State Department and Obama Administration review process.

Flanagan South also shares a key legal commonality with TransCanada’s Keystone pipeline system.

That is, like Phase II and Phase III of that system — best known to the general public as Keystone XL’s southern leg and to TransCanada as the Gulf Coast Pipeline Project — it was permitted by the U.S. Army Corps of Engineers using the controversial Nationwide Permit 12 (NWP 12) process.

As documented here on DeSmogBlog, the southern leg of Keystone XL and Flanagan South both played a central role in separate but related precedent-setting federal-level court cases.

In reviewing the legality of approval via NWP 12 through the lens of “harms,” the courts ruled in both cases that the harms of losing corporate profits for both Enbridge and TransCanada trump the potential harms of ecological damage the pipelines could cause in the future. Climate change went undiscussed in both rulings.

According to a May 2014 company newsletter, Enbridge is “on schedule to put [Flanagan South] in operation later this year.”

“After eight months of construction, we are now in the home stretch for the nearly 600-mile pipeline project,” touts the newsletter. “At the peak of construction, between October 2013 and January 2014, there were on average 3,650 construction workers over the entire route — about 1,600 of those workers from communities located along the pipeline route.”

Seaway Pipeline

In a June 16 article titled, “Blame Canada,” Reuters pointed to two new “pipes set to hit U.S. Gulf with heavy crude,” which — as it pertains to Canada — is industry vernacular for tar sands.

Flanagan South was one of the pipelines pointed to in the Reuters piece.

The other is Enbridge’s Seaway Twin pipeline, co-owned on a 50/50 joint venture basis with Enterprise Products Partners. Seaway Twin, like Keystone XL’s southern leg, runs from Cushing, Okla., to Port Arthur, Texas.

Enbridge scheduled Line 67 to go on-line in mid-2014 and reach full-capacity by mid-2015.

But, because of backlash against the proposal from environmentalists and citizens who live along the pipeline expansion’s route, the company does not expect to receive a State Department expansion permit until mid-2015.

Flanagan South Pipeline

Read the rest of this entry →

TransCanada Charitable Fund: Keystone XL South “Good Neighbor” Charm Offensive

1:40 pm in Uncategorized by Steve Horn

Cross-Posted from DeSmogBlog

No KXL sign in front of cops

TransCanada is trying to bribe its way to success, but is anyone buying?

TransCanada has taken a page out of former U.S. President Franklin Delano Roosevelt’s playbook and deployed a public relations “charm offensive” in Texas, home of the southern leg of its Keystone XL tar sands pipeline now known as the Gulf Coast Pipeline Project.

In the 1930s and 1940s, Roosevelt utilized a “good neighbor policy“ — conceptualized today as “soft power” by U.S. foreign policy practitioners — to curry favor in Latin America and win over its public. Recently, TransCanada announced it would do something similar in Texas with its newly formed TransCanada Charitable Fund.

TransCanada has pledged $125,000 to 18 Texas counties over the next four years, funds it channeled through the East Texas Communities Foundation. In February, the company announced the first non-profit recipients of its initial $50,000 grant cycle.

“The fund is designed to help improve East Texas communities and the lives of their residents through grants to qualifying non-profit organizations in the counties where TransCanada pipeline operations and projects exist,” explained a press release. “All funded projects and programs fall within three charitable categories: community, safety, and the environment.”

TransCanada utilizes the “good neighbor” language in deploying its own public relations pitch.

“At TransCanada, being a good neighbor and contributing to communities is an integral part of our success,” TransCanada’s Corey Goulet said in a press release. “The establishment of the fund is another example of our commitment to long-term community investment and our dedication to the people of East Texas.”

Fund Launched After Safety Issues Revealed

Less than a week after Public Citizen published its November 2013 report addressing safety issues discovered during the construction phase of KeystoneXL’s southern leg, TransCanada announced the launch of its charitable fund.

Public Citizen‘s report, “Construction Problems Raise Questions About the Integrity of the Pipeline,” found 250 miles of the pipelines’ 485-mile route had faulty welding, dents and several parts patched up, among other anomalies.

Julia Trigg Crawford, a Lamar County resident (one of the counties eligible for TransCanada’s grants) best known as the landowner who filed a major eminent domain lawsuit against TransCanada for Keystone XL South, told DeSmogBlog she believes the timing of the fund’s launch is suspect.

“Texans are smart enough to see what’s going on here,” Crawford said.

“Before the heat got turned up with the Public Citizen report, TransCanada’s community involvement consisted of half-page newspaper ads across Northeast Texas saying, ‘We want to be more than just a pipeline company. We want to be a trusted neighbor.’”

Environment and Safety Grants

Despite the concerns about the ecological impacts and safety issues related to Keystone XL’s southern half (or perhaps because of them), environment and safety are two of the categories TransCanada will give grants to out of the fund.

Safety grant “projects will enable emergency personnel to respond quickly and effectively to local needs and focus on emergency preparedness, accident prevention, and education and training,” says TransCanada on its grant application form, while environment grant “programs will conserve important habitat, protect species at risk, and educate individuals about the importance of the environment.”

Non-profits are eligible for grants of up to $5,000.

Not Charming, Rather Offensive

Read the rest of this entry →

State Dept’s Keystone XL Contractor, ERM Group, Also OK’d Controversial Pebble Mine in Alaska

2:22 pm in Uncategorized by Steve Horn

Cross-Posted from DeSmogBlog

ERM has always been able to turn a blind eye to serious environmental impacts.

DeSmogBlog investigation has revealed Environmental Resources Management Inc. (ERM Group) — the contractor performing the U.S. State Department’s environmental review for the northern half of TransCanada’s Keystone XL tar sands pipeline — gave the greenlight to Alaska’s controversial Pebble Mine proposal in June 2013.

The proposed Pebble Mine, located in Bristol Bay in southwest Alaska, contains mineable gold and copper. It’s also a major hub for fishing and the seafood industry, leading the Center for American Progress to call the battle over Pebble Mine a “resource war.”

“Bristol Bay…is home to the world’s largest commercial sockeye salmon fishery,” explains a November 2013 EarthWorks blog post. ”The devastation caused by a massive open pit mine would linger in perpetuity affecting not just Bristol Bay, but the commercial fishing industry everywhere in the Pacific Northwest.”

Like the Pebble Mine review, ERM’s review for the northern half of the U.S.-Canada border-crossing Keystone XL pipeline concluded the pipeline would have negligible environmental impacts.

EPA Tackles Pebble Mine, Keystone XL

Another thread tying Keystone XL and Pebble Mine together: in both cases, ERM Group’s environmental assessment flew in the face of the U.S. Environmental Protection Agency’s (EPA) assessment. In April 2013, the EPA critiqued ERM Group’s Keystone XL environmental review, while the EPA published a damning environmental review of Pebble Mine on January 15.

“The report concludes that large-scale mining in the Bristol Bay watershed poses risks to salmon, wildlife, and Native American cultures,” explains an EPA fact sheet published summarizing the study. “Bristol Bay supports the largest sockeye salmon fishery in the world, producing nearly 50 percent of the world’s wild sockeye with runs averaging 37.5 million fish each year.”

ERM scolded the EPA for not taking a balanced approach on Pebble Mine, not looking into the “positive effects” it would create if it opens for business.

“[EPA did not take] into account the positive effects of cash income from employment on a community’s overall subsistence-gathering capabilities, as well as, harvest-sharing capabilities,” wrote ERM. “Overall, the Assessment lacks discussion of potential positive effects associated with industrial development.”

U.S. Sen. Mark Begich (D-AK) didn’t toe the ERM party line, though.

“Wrong mine, wrong place, too big,” Begich said in a January 19 interview with the Anchorage Daily News. “Too many potential long-term impacts to a fishery that is pretty critical to that area but also to Alaska, to world markets. I think it will harm the environment, harm the salmon, harm the jobs that are connected to the fisheries industry out there.”

“A Polluted Process”

As documented previously here on DeSmogBlog, ERM has also green-lighted other projects with ecologically unsavory track records. These have ranged from an explosive pipeline project in the Caspian Sea to a contentious LNG project in Peru to a toxic tar sands refinery in Delaware.

All of these projects were met with backlash from environmentalists, but eventually received the customary ERM rubber stamp.

Some members of the U.S. House of Representatives have called ERM’s Keystone XL northern half environmental review into question, though.

Led by U.S. Rep. Raul Grijalva (D-AZ), 24 House Democrats sent a letter to President Obama on December 12 saying he shouldn’t green light the northern half of the pipeline until the State Department’s Office of Inspector General finishes its probe into how ERM Group was chosen and why. It’s what Friends of the Earth has called a “a polluted process.”

“The Department of State apparently overlooked these conflicts when it accepted Environmental Resources Management’s (ERM) bid to perform the analysis,” reads the letter. “Because of the seriousness of the conflicts…we believe no EIS from the company – draft or final – should be accepted by the administration before these issues are resolved.”

One thing is clear as Secretary of State John Kerry and President Barack Obama head into decision-making time on Keystone XL’s northern half: ERM has always been able to turn a blind eye to serious environmental impacts. Now it’s up to Obama and Kerry to avoid falling into the same trap. Read the rest of this entry →

Former Clinton and Bush Cabinet Members, Now Oil and Gas Lobbyists, Expect Keystone XL Green Light

12:18 am in Uncategorized by Steve Horn

Cross-Posted from DeSmogBlog

The Tar Sands Blockade of TransCanada Corporation’s “Keystone XL South” continues in Texas, but former members of the Clinton and George W. Bush cabinets believe the northern half will soon be green-lighted by President Barack Obama.

In a Nov. 13 conference call led by the Consumer Energy Alliance (CEA), an oil and gas industry front group, CEA Counsel John Northington said he believes a “Keystone XL North” rubber stamp is in the works by the Obama Administration.

“I think the Keystone will be approved in fairly short order by the administration,” Northington said on the call.

Northington has worn many hats during his long career:

[He] served in the Clinton Administration at the Department of the Interior as Senior Advisor to the Director of the Bureau of Land Management. Mr. Northington also served as Special Assistant to the Assistant Secretary for Land and Minerals Management with energy policy responsibility for the former Minerals Management Service and the Bureau of Land Management. Mr. Northington began his government service at the Department of Energy, where he served as White House Liaison, Chief of Staff for the Office of Fossil Energy and Senior Advisor for Oil and Natural Gas Policy.

After his tenure working for the Clinton Administration, he walked through the revolving door and became a lobbyist, representing many clients over the past decade, including the oil and gas industry. Northington has represented ExxonMobilDevon EnergyCONSOL Energy, and StatoilExxonMobilDevon and Statoil all have a major stake in the tar sands.

Northington was joined on the call by Michael Whatley, CEA’s Executive Vice President. Whatley seved as senior policy advisor for the Bush-Cheney 2000 campaign, Principal Deputy Assistant Secretary of the Department of Energy under George W. Bush and as Chief of Staff of former Sen. Elizabeth Dole (R-NC).

CEA fronts for HBW Resources, a lobbying firm run by David Holt, Andrew Browning and Whatley (hence the “HBW”), with a developed speciality of lobbying on behalf of the tar sands industry.

Whatley, above and beyond working for the Bush Administration, Sen. Dole and CEA, has also lobbied on behalf ofExxonMobil and General Electric (GE). GE, like ExxonMobil, also has a fiscal present and future interest in tar sands production.

Win, Win for Some; Lose, Lose for Most: Tar Sands With Or Without Keystone XL

Though outfits like CEA are working overtime to ensure “Keystone XL North” is built soon, there are other ways to skin the cat and bring tar sands crude to market. The most important one, covered here on DeSmogBlog and in a recent story published by the Calgary Herald, is freight rail.

Warren Buffett, the “Oracle of Obama,” has a major financial stake both in tar sands production, as well as in moving tar sands to market via the Burlington Northern Sante Fe (BNSF) freight trains he owns under the auspices of his holding company, Berkshire Hathaway.

Buffett gave over $60,000 to the Democratic National Committee during the 2012 election cycle, as well as another $70,000 to President-elect Barack Obama, according to Federal Election Commission (FEC) filings.

“Railroads too present environmental issues. Moving crude on trains produces more global warming gases than a pipeline,” explained Bloomberg in January 2012.

BNSF isn’t the only rail company eager to move tar sands crude to market. Southern Pacific also envisions a major market opening for freight rail transport. A recent Calgary Herald story explains,

While Canadian and U.S. railways are scrambling to meet demand, opening small terminals close to production in locations such as the Bakken area of southern Saskatchewan and North Dakota, the Athabasca oilsands have not been part of the rush. Until now….Unlike pipelines, that means no public hearings and no environmental protests.

The verdict is in.

Chock it up to yet another win-win for the oil and gas industry and a lose-lose for all who have to suffer the consequences of the ecological damage in Alberta, as well as the climate change amplified disasters it’s engendering around the world.