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Fri, 2014-09-05 12:00Mike G
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Federal Judge: BP's "Willful Misconduct," "Gross Negligence" Led To Deepwater Horizon Disaster

A federal judge in New Orleans minced no words in handing down a ruling this week that found BP's “willful misconduct” and “gross negligence” caused the worst offshore oil spill in U.S. history.

The ruling is the result of a jury-less trial to determine who was at fault for the 2010 Deepwater Horizon disaster and oil spill. The trial was held by District Judge Carl Barbier in New Orleans.

A blowout at BP's ultra-deepwater Macondo well in the Gulf of Mexico on April 20, 2010 caused an explosion that took the lives of 11 workers on the Deepwater Horizon rig, which then sank to the bottom of the Gulf, some 5,000 feet below, leaving the well to spew oil for 87 days until it was capped.

Barbier rejected BP's assertion that Transocean, which leased the Deepwater Horizon rig to BP, and Halliburton, which was contracted by BP to do cement work on the well, deserved equal shares of blame. “BP's conduct was reckless,” Barbier wrote in his 153-page ruling. “Transocean's conduct was negligent. Halliburton's conduct was negligent.”

The judge assigned 67 percent of the fault to BP, 30 percent to Transocean, and 3 percent to Halliburton. According to Bloomberg, this makes BP liable for as much as $18 billion in fines. Having been found merely negligent, Transocean and Halliburton aren't facing such hefty punitive damages.

Sun, 2014-08-31 11:00Mike G
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Is California’s Bay Delta Conservation Plan Really About Conservation?

To understand what California Governor Jerry Brown’s Bay Delta Conservation Plan is all about, you have to understand a bit of history.

Back in 1982, once and future governor Jerry Brown pushed through a plan to build a canal that would divert water from the Sacramento River before it gets to the Sacramento-San Joaquin River Delta in order to feed the voracious appetite for water among farmers in California’s Central Valley and municipalities in Southern California.

The canal plan was defeated by a state-wide referendum in a stinging rebuke of Brown’s plan. Californians’ objections were based largely on concerns about the impact it would have on the fragile estuary ecosystem of the delta.

Now, 30 years later, the same Governor Jerry Brown is pushing for the same plan, but he wants to build two tunnels instead of a canal, and is estimated to cost between $25 billion and $54 billion. Many Californians are once again questioning the wisdom of Brown’s plan, especially environmentalists, who worry that if you take away the Sacramento River — which supplies some 80% of fresh water to the delta — you will do irreparable harm to the estuary.

There’s a larger concern, too: Many Californians feel that, at a time of record drought, when we’re all being asked to think about how much water we’re consuming and make a concerted effort to use less, those billions in taxpayer money would be better spent upgrading outdated infrastructure to ensure we’re using water more efficiently and lowering our overall water usage.

Sat, 2014-08-30 10:47Mike G
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Feds To Resume Oil And Gas Leases Despite Fracking Report That Raised "Grave Concerns"

Jim Kenna, the California Director of the U.S. Bureau of Land Management, told reporters on a conference call last Thursday that a new scientific report commissioned by the agency to study the environmental impacts of fracking has cleared the way for the leasing of public land to oil and gas companies in the Golden State.

Environmentalists, on the other hand, say that the report is anything but a solid basis on which to forge ahead with opening up more land to fracking.


“This report raises grave concerns about fracking pollution’s threat to California’s air and water,” says Kassie Siegel, director of the Center for Biological Diversity’s Climate Law Institute. “But it also highlights the fact that government officials have never collected the data needed to determine the extent of the damage in our state. Using this report as a basis for continued fracking in California is illogical and illegal.”

The report itself does not try and hide its own shortcomings. One section reads: “Investigators could not determine the groundwater quality near many hydraulic fracturing operations and found that existing data was insufficient to evaluate the extent to which contamination may have occurred.”

Another part of the report says: “No information could be found about the toxicity of about a third of the chemicals and few of the chemicals have been evaluated to see if animals or plants would be harmed by chronic exposure.”

The Center for Biological Diversity, along with the Sierra Club, sued the federal government last year, arguing that the Obama Administration had broken the law when it decided to lease some 2,500 acres of public lands in Monterey County to oil and gas companies without properly studying the environmental risks of fracking.

A federal judge agreed with the green groups and ordered a halt to the leases.

Fri, 2014-08-29 05:00Mike G
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Stealth Carbon Bombs Stopped In Their Tracks

North America is now the biggest producer of oil in the world thanks largely to Canada’s tar sands and North Dakota’s Bakken shale, and West Coast refineries are looking to cash in.

But not all crude is created equal, and oil companies hoping to import tar sands oil and Bakken crude — known as “cost-advantaged crude” in industry parlance — are deliberately disguising the true nature of upgrades they’re making to their facilities in California when seeking the necessary permits from regulatory agencies or speaking about the projects to the public.

“We’re seeing this all over the state,” says Yana Garcia, a staff attorney with Communities for a Better Environment.

CBE, which is one of several green groups calling out refineries that appear to be acting in bad faith, was notified by the South Coast Air Quality Management District last Friday that the permitting process for a Tesoro refinery in Wilmington, CA had been put on hold after the group filed numerous comments in opposition to the “negative declaration” the SCAQMD had made.

A “negative declaration” is essentially a rubber stamp ruling from the regulatory body, meaning it agreed with Tesoro that no significant impacts to the environment and human health were likely and the oil company could go ahead with its plans to build a new shipyard pipeline which, the company said, was only intended to speed up offloading of crude from ships to shore-based storage tanks.

In a press release, CBE explains:

There was no mention of the corrosive and explosive crude oils Tesoro plans to import, or its plans to combine its Wilmington refining operation with its newly acquired BP refinery in Carson; omitting major increases in greenhouse gases that result from tar sands crude oil refining, and other key impacts. Based on Tesoro’s omissions, the environmental document for the project incorrectly concluded that there was not even the potential for significant impacts.


At its best, it’s just business being business, they want to get these crudes out to the refineries and start profiting from them,” Yana Garcia says. “At its worst, that gaming of the system is essentially about lying to the public and letting these pretty nasty projects go through in predominantly low-income communities of color.”

Thu, 2014-08-28 16:00Mike G
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Clean Energy Jobs Surge Just In Time for Labor Day

This Labor Day weekend, the story is that more Americans are working because of clean energy.”

That's the statement released by Environmental Entrepeneurs Executive Director Bob Keefe to accompany his organization's Labor Day jobs report.

As the report shows, it's certainly looking sunny for the sustainable energy and transportation sectors, which created some 12,500 new jobs in the second quarter of 2014, more than double the number of jobs added in Q1.

Solar continued its hot streak, adding 5,300 jobs, followed by wind with 2,700. Manufacturers of electric cars Tesla and General Motors also provided significant bumps, according to the report.

But Keefe did have some words of caution about his report's findings, as well: “to keep that growth going, we need our state and federal leaders to do their jobs too,” he said. “We need them to support smart policies that grow our economy and protect our environment – policies like the federal Clean Power Plan.”

Tue, 2014-08-26 07:30Mike G
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Oil Industry Front Group Sets Sights On Santa Barbara County Measure That Would Ban “Extreme Oil Extraction”

Local activists in California’s Santa Barbara County have placed Measure P on the November ballot to ban “extreme oil extraction” practices such as fracking, acidization, and steam injection over concerns that they make global warming worse, cause earthquakes, pollute aquifers, and waste massive amounts of water at a time when the state is experiencing extreme drought.

The LA Times label for these same practices is a bit less rhetorically provocative: the paper calls them “high intensity petroleum operations.”

But according to Jim Byrne, a spokesman for Santa Barbara County Coalition Against the Oil and Gas Shutdown Initiative, which is running a No On Measure P campaign, both “extreme oil extraction” and “high intensity oil operations” are labels applied by activists seeking to ban practices that have been used in the county “for the past 50 years.”

The real purpose of Measure P? “It’s a shutdown initiative,” Byrne argues.

Byrne is echoing the sentiments of many in the oil industry who argue that Measure P would effectively end all oil operations in Santa Barbara County despite the measure being explicitly worded to allow existing projects to continue operating.

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