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Wed, 2014-07-09 09:32Guest
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The Fish Are Fine, Kinder Morgan Says

Chinook salmon

Ecojustice lawyers were among the many to file motions to the National Energy Board late last week regarding Kinder Morgan’s poor and non-existent responses to questions posed to it by intervenors. And while we were generally disappointed by Kinder Morgan’s evasive approach, we were shocked at one reply in particular.

When asked whether there is any evidence from cold water oil spills to suggest marine fish are impacted, Kinder Morgan’s response was that: “Harm to marine fish populations seems to be the exception, rather than the rule, following marine oil spills.”

That’s right   Kinder Morgan’s view is that when oil is spilled in water, there is little harm to fish, and it is more likely the fish will be just fine.

The motion Ecojustice lawyers filed on behalf of our clients, Living Oceans Society and Raincoast Conservation Foundation, asks the Board to order Kinder Morgan to fully respond to our clients’ first round of information requests about the Trans Mountain Expansion Project.

Kinder Morgan received more than 10,000 questions from intervenors. As we wrote last month, the company asked for an extension of the time limit to respond, but got only 14 of the 23 days they asked for. Our clients supported the request, in the interest of allowing Kinder Morgan time to provide as much information as possible.

Kinder Morgan's slippery responses

But now that the responses are in, we wonder whether the extra nine days would have made a difference. Responses from the company have ranged from vague to incomplete to non-existent. In short The information provided by Kinder Morgan is not nearly good enough. Of the 253 responses our clients received from the company, at least 77 – approximately 30 per cent – were inadequate. 

In 20 responses, Kinder Morgan refused to answer the question in whole or in part, by:

  • Claiming it was “not relevant” to the review (including the record of leaks and ruptures on Kinder Morgan’s other pipeline systems, and the make and model of clean-up equipment); or
  • Stating that it did not have the information (including air monitoring information), because the data do not exist, because the answer was not in the documents they relied on in the application, or because they had not done the necessary work to answer.

In five responses, Kinder Morgan gave a response which only partially answered the question or provided an answer but not the supporting data requested.

In the remainder of the responses, Kinder Morgan simply didn’t answer the questions it was asked. Here’s a snapshot of the ways the company answered questions with non-answers:

  • Cited a large document or report rather than provide an clear answer;
  • Referred to a document that did not contain any answer to the question; 
  • Said it would file an answer later; or
  • Cited a legal standard rather than address facts. 

As we mentioned above, when our clients asked if there was evidence from cold water oil spills, beyond evidence from the Exxon Valdez oil spill, of marine fish communities or habitat being impacted for more than two years after a spill, this was Kinder Morgan’s response: “Harm to marine fish populations seems to be the exception, rather than the rule, following marine oil spills.” 

In support of that mystifying non-answer, Kinder Morgan cited a 264-page report from Enbridge’s reply evidence in the Northern Gateway pipeline hearings. 

We’ve written about how, in the wake of the 2012 omnibus budget bill, reviews of major pipeline projects have been scaled back dramatically, sacrificing good science and process for “efficiency.” The Kinder Morgan Trans Mountain Expansion Project hearing, with its 15-month time limit and lack of oral cross-examination, is a prime example of how this shift is deeply problematic. 

We are now halfway through the two rounds of intervenor information requests, which are intervenors’ only chance to ask Kinder Morgan questions about its 15,000-page application. Our clients are increasingly worried that they will be unable to meaningfully challenge Kinder Morgan’s evidence, particularly given its evasive approach to our information requests. 

But as for the fish, according to Kinder Morgan, they will be just fine.

- See more at: http://www.ecojustice.ca/blog/the-fish-are-fine-kinder-morgan-says#sthas...

Ecojustice lawyers were among the many to file motions to the National Energy Board late last week regarding Kinder Morgan’s poor and non-existent responses to questions posed to it by intervenors. And while we were generally disappointed by Kinder Morgan’s evasive approach, we were shocked at one reply in particular.

When asked whether there is any evidence from cold water oil spills to suggest marine fish are impacted, Kinder Morgan’s response was that: “Harm to marine fish populations seems to be the exception, rather than the rule, following marine oil spills.”

That’s right   Kinder Morgan’s view is that when oil is spilled in water, there is little harm to fish, and it is more likely the fish will be just fine.

The motion Ecojustice lawyers filed on behalf of our clients, Living Oceans Society and Raincoast Conservation Foundation, asks the Board to order Kinder Morgan to fully respond to our clients’ first round of information requests about the Trans Mountain Expansion Project.

Kinder Morgan received more than 10,000 questions from intervenors. As we wrote last month, the company asked for an extension of the time limit to respond, but got only 14 of the 23 days they asked for. Our clients supported the request, in the interest of allowing Kinder Morgan time to provide as much information as possible.

Kinder Morgan's slippery responses

But now that the responses are in, we wonder whether the extra nine days would have made a difference. Responses from the company have ranged from vague to incomplete to non-existent. In short The information provided by Kinder Morgan is not nearly good enough. Of the 253 responses our clients received from the company, at least 77 – approximately 30 per cent – were inadequate. 

In 20 responses, Kinder Morgan refused to answer the question in whole or in part, by:

  • Claiming it was “not relevant” to the review (including the record of leaks and ruptures on Kinder Morgan’s other pipeline systems, and the make and model of clean-up equipment); or
  • Stating that it did not have the information (including air monitoring information), because the data do not exist, because the answer was not in the documents they relied on in the application, or because they had not done the necessary work to answer.

In five responses, Kinder Morgan gave a response which only partially answered the question or provided an answer but not the supporting data requested.

In the remainder of the responses, Kinder Morgan simply didn’t answer the questions it was asked. Here’s a snapshot of the ways the company answered questions with non-answers:

  • Cited a large document or report rather than provide an clear answer;
  • Referred to a document that did not contain any answer to the question; 
  • Said it would file an answer later; or
  • Cited a legal standard rather than address facts. 

As we mentioned above, when our clients asked if there was evidence from cold water oil spills, beyond evidence from the Exxon Valdez oil spill, of marine fish communities or habitat being impacted for more than two years after a spill, this was Kinder Morgan’s response: “Harm to marine fish populations seems to be the exception, rather than the rule, following marine oil spills.” 

In support of that mystifying non-answer, Kinder Morgan cited a 264-page report from Enbridge’s reply evidence in the Northern Gateway pipeline hearings. 

We’ve written about how, in the wake of the 2012 omnibus budget bill, reviews of major pipeline projects have been scaled back dramatically, sacrificing good science and process for “efficiency.” The Kinder Morgan Trans Mountain Expansion Project hearing, with its 15-month time limit and lack of oral cross-examination, is a prime example of how this shift is deeply problematic. 

We are now halfway through the two rounds of intervenor information requests, which are intervenors’ only chance to ask Kinder Morgan questions about its 15,000-page application. Our clients are increasingly worried that they will be unable to meaningfully challenge Kinder Morgan’s evidence, particularly given its evasive approach to our information requests. 

But as for the fish, according to Kinder Morgan, they will be just fine.

- See more at: http://www.ecojustice.ca/blog/the-fish-are-fine-kinder-morgan-says#sthas...
Dyna Tuytel, staff lawyer

This is a guest post by Ecojustice staff lawyer Dyna Tuytel.

Ecojustice lawyers were among the many to file motions to the National Energy Board late last week regarding Kinder Morgan’s poor and non-existent responses to questions posed to it by intervenors. And while we were generally disappointed by Kinder Morgan’s evasive approach, we were shocked at one reply in particular.

When asked whether there is any evidence from cold water oil spills to suggest marine fish are impacted, Kinder Morgan’s response was that: “Harm to marine fish populations seems to be the exception, rather than the rule, following marine oil spills.”

That’s right — Kinder Morgan’s view is that when oil is spilled in water, there is little harm to fish, and it is more likely the fish will be just fine.

Tue, 2014-07-08 15:56Guest
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Addressing Global Warming is an Economic Necessity

David Suzuki

This is a guest post by David Suzuki

Those who don’t outright deny the existence of human-caused global warming often argue we can’t or shouldn’t do anything about it because it would be too costly. Take Prime Minister Stephen Harper, who recently said, “No matter what they say, no country is going to take actions that are going to deliberately destroy jobs and growth in their country.”

But in failing to act on global warming, many leaders are putting jobs and economic prosperity at risk, according to recent studies. It’s suicidal, both economically and literally, to focus on the fossil fuel industry’s limited, short-term economic benefits at the expense of long-term prosperity, human health and the natural systems, plants and animals that make our well-being and survival possible. Those who refuse to take climate change seriously are subjecting us to enormous economic risks and foregoing the numerous benefits that solutions would bring.

The World Bank — hardly a radical organization — is behind one study. While still viewing the problem and solutions through the lens of outmoded economic thinking, its report demolishes arguments made by the likes of Stephen Harper.

Thu, 2014-07-03 11:00Guest
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U.S. Gas Export Lobbyists Exploit DC's Revolving Door

lng lobbyists revolving door

This is a guest post by David Halperin, originally published at Republic Report.

Even as President Obama pursues an aggressive new public effort to fight global warming by regulating U.S. power plants, his administration is quietly advancing an energy policy — exporting America's liquid natural gas (LNG) — that may well raise the volume of climate-increasing greenhouse gases even more than emphasizing coal, while at the same time polluting U.S. communities through increased use of the controversial practice of hydraulic fracking. (The American Petroleum Institute notes that “a government-industry study found that up to 80 percent of natural gas wells drilled in the next decade will require hydraulic fracturing.”) Worse, the policy also could hurt U.S. consumers by raising energy prices.

As awareness of the harms of LNG exports has grown, public protests areincreasing. Senator Ed Markey (D-MAcharged last week that gas exports may be illegal. But the gas industry is using highly-paid revolving-door Washington lobbyists, Democrats and Republicans, to push policymakers to accelerate these bad decisions. They also are using the Ukraine conflict as a hook, arguing that U.S. exports can reduce Europe's dependence on Russia.

While the coal industry, once heavily bipartisan in its friendships, has increasingly deepened its love affair with the Republican Party, natural gas has become the Democrats' fossil fuel of choice. White House senior adviser John Podesta earlier this year defended the decision to emphasize natural gas as a more-climate friendly source of power generation. But there's a difference between producing gas for the U.S. market, which, despite all the environmental hazards, helps reduce energy prices for U.S. consumers and businesses, and shipping that gas overseas, which could produce a bonanza for big energy companies but potential harms to most everyone else in the U.S.

That doesn't seem to concern the Democrats and Republicans alike who are cashing in as paid advocates for this gas rush.

Wed, 2014-07-02 13:00Guest
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Regulators and Industry Swap Spots: Lobbyists Pushing Natural Gas Exports Swing Revolving Doors

Paula Gant and Christopher Smith LNG exports lobbyists

This is a guest post by Lee Fang originally published at Republic Report. 

Expanded natural gas exports have wide repercussions, ranging from increased costs to American consumers to greater incentives for drilling companies to use controversial fracking methods for extracting their product. As numerous reports have shown, the gas boom means more methane, a greenhouse gas that is exacerbating our climate crisis, in the atmosphere.

But the discussion in Washington has not focused on the climate and environmental impact of rapidly approving LNG export licenses, a process controlled by the Federal Energy Regulatory Commission and the Department of Energy. Instead, as Republic Report's David Halperin outlined last week, companies that stand to gain from building new terminals and engaging in the gas trade have hired an army of lobbyists to win regulatory approval. Heather Zichal, the former climate change adviser to the White House, recently left her government position to join the board of Cheniere, an LNG export company that won the first export license. As DeSmogBlog's Steve Horn reported, Zichal met with Cheniere executives last year.

How fair will the process be when the former regulators who until recently controlled the agencies at the center of the LNG debate are now working for industry, and the regulators in office are former industry staffers?

Republic Report worked with LittleSis to produce the following maps showing the nexus of influence. At the Department of Energy, for example, acting Assistant Secretary for Fossil Enerrgy Christopher Smith, who now oversees the LNG export license process, formerly worked for Chevron's natural gas trading unit. Paula Gant, the Deputy Assistant Secretary for Oil and Natural Gas who works under Smith, is a former vice president at the American Gas Association, a lobbying group for the industry. See below:

Thu, 2014-06-26 08:38Guest
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National Gas Industry Hires Family Members of Leading Politicians

This is a guest post by Lee Fang.

In May of last year, Rep. Shelley Moore Capito, now considered the favorite to win West Virginia’s open Senate seat, stood on a small platform in Charleston, behind a row of tiny trophies in the shape of drilling rigs.

She was there to congratulate the Energy Corporation of America, a major gas exploration and distribution company, on its plans to open a new building in the state capital.

The company needed new space to accommodate over a hundred new employees in coming years.

I am honored to attend the groundbreaking celebration of the ECA’s new eastern headquarters,” Capito told the crowd, according to an ECA press release. “This privately held company has brought economic growth to West Virginia.”

Though there’s no record of her having acknowledged it publicly, among those hired by the growing firm is her own son, Arch Moore Capito, who was retained as in-house counsel by ECA after his graduation from Washington & Lee University’s law school in 2011.

The hiring of Arch, named after Capito’s father, the late West Virginia governor Arch Moore, highlights a growing trend. Major players in the  gas industry, which faces major regulatory hurdles relating to its extraction and distribution infrastructure, exports, and environmental issues, have taken to hiring the relatives of powerful politicians.

Sat, 2014-06-21 13:41Guest
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David Suzuki: Northern Gateway Approval Flies in Face of Democracy and Global Warming

Enbridge Northern Gateway protest

This is a guest post by David Suzuki.

There was little doubt the federal government would approve the Enbridge Northern Gateway pipeline project, regardless of public opposition or evidence presented against it. The prime minister indicated he wanted the pipeline built before the Joint Review Panel hearings even began. Ad campaigns, opponents demonized as foreign-funded radicals, gutted environmental laws and new pipeline and tanker regulations designed in part to mollify the B.C. government made the federal position even more clear.

Canadian resource policy is becoming increasingly divorced from democracy. Two infamous omnibus bills eviscerated hard-won legislation protecting Canada's water and waterways and eased obstacles for the joint review process, which recommended approval of the $7.9-billion project, subject to 209 conditions. The government has now agreed to that recommendation.

The time-consuming hearings and numerous stipulations surely influenced the government's decision to restrict public participation in future reviews, making it difficult for people to voice concerns about projects such as Kinder Morgan's plan to twin and increase capacity of its Trans Mountain heavy oil pipeline from Alberta to Burnaby from 300,000 to 900,000 barrels a day, with a corresponding increase in tanker traffic in and out of Vancouver.

And to keep democracy out of fossil fuel industry expansion, the government switched decision-making from the independent National Energy Board to the prime minister’s cabinet.

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