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Coal Baron and Major Ken Cuccinelli Campaign Donor Sues Blogger for Defamation, Invasion of Privacy

Robert Murray, owner of the Ohio-based coal giant, Murray Energy Corporationfiled a defamation lawsuit against a prominent liberal blogger and The Huffington Post

Filed on September 25 in Belmont County's Court of Common Pleas, Murray's complaint accuses Mike Stark, creator of FossilAgenda.com and Stark Reports, and The Huffington Post of defamation and invasion of privacy stemming from Mr. Stark's September 20 article, “Meet the Extremist Coal Baron Bankrolling Ken Cuccinelli's Campaign.”

Stark, represented by the American Civil Liberties Union of Ohio and David Halperin, former Senior Vice President of the Center for American Progress pushed back this week, filing a motion asking the presiding federal judge to dismiss charges for the case.

Published in the midst of the heated Virginia gubernatorial race between Republican Virginia Attorney General Ken Cuccinelli and Democrat Terry McAuliffe - one of Hillary Clinton's 2008 presidential campaign chairmen - Stark's piece apparently struck a nerve with Murray, one of Cuccinelli's key campaign contributors.

Ken Cuccinelli; Photo Credit: Wikimedia Commons

In the piece published on The Huffington Post, Stark points to the $30,000 that Murray Energy has given Cuccinelli, as well as Robert Murray's campaign work on behalf of 2012 Republican Party presidential nominee Mitt Romney. Stark also covers Murray's call for the impeachment of President Obama at a recent speaking engagement, along with his firing of 150 workers after Obama's 2012 victory over Mitt Romney and the prayer he offered the U.S. public after Obama's 2012 victory. 

Revealed: Never Before Seen Photos of Tesoro Fracked Oil Spill in North Dakota, Pipeline Restarted Today

A month after over 865,200 gallons of oil spilled from Tesoro Logistics' 6-inch pipeline near Tioga, North Dakota, the cause of the leak is still largely unknown to anyone but Tesoro. The pipeline resumed operations today.

Carrying oil obtained via hydraulic fracturing (“fracking”), the controversial horizontal drilling method used to capture oil and gas found embedded in shale rock basins worldwide, the Bakken Shale pipeline spill on September 29 was the largest fracked oil spill in U.S. history. Oil spill experts say the spill may be even bigger than originally estimated. 

Yet few details of what caused the spill - and how to prevent it from happening again - have arisen in the month since it occurred. 

The U.S. Department of Transportation's Pipeline and Hazardous Materials Safety Administration (PHMSA) believes a lightning strike may have created the quarter inch hole in the pipeline, leading to the spill

PHMSA says it will carry out a rigorous investigation into the cause of the spill, but allowed the restart after Tesoro agreed to the agency's safety order mandating aerial monitoring of the pipeline over the next three days during the restart and then weekly for the next year, along with 20 other things.

The safety order also mandates Tesoro provide a documented updated within six months indicating how it enhanced its control room monitoring, instructs Tesoro to finish the final mechanical and metallurgical testing report of the failed pipe within 30 days and dictates that within “90 days complet[ion of] a root cause failure analysis for the Line that contains a detailed timeline of events.”

Documents obtained by Greenpeace USA under North Dakota's Open Records Statute show the oil has settled over 12 feet below the ground layer of the soil. The oil that settled on the surface was burned off.   

“At 10-12 feet below surface, there is a extensive clay layer that underlies the entire hill top,” Kris Roberts, Environmental Response Team Leader for the North Department of Health's Division of Water Quality, explained in an October 3 field report.

US Court: Transcanada's Keystone XL Profits More Important than Environment

In a major ruling that's flown under the radar, the U.S. Court of Appeals for the Tenth Circuit - based in Denver, Colorado - decided not to grant the Sierra Club and Clean Energy Future Oklahoma a temporary injunction on the construction of the southern half of Transcanada's Keystone XL tar sands export pipeline

The Court's decision hinged on an “injury” balancing test: Would Transcanada be hurt more financially from receiving an injunction? Had it lost, it would be stuck with one until Sierra Club, et al receive a U.S. District Court decision on the legality of the U.S. Army Corps of Engineers' decision to grant Transcanada a Nationwide Permit 12 (NWP 12) for construction of what's now called the Gulf Coast Pipeline in February 2012. 

Or would ecosystems suffer even greater and potentially incalculable damage from the 485-mile, 700,000 barrels per day pipeline crossing 2,227 streams?

In a 2-1 decision, the Court sided with Transcanada, and by extension, the U.S. Army Corps of Engineers. The Court ruled, “the threatened environmental injuries were outweighed by the financial harm that the injunction would cause Transcanada.”

Commenting on the case brought by Sierra Club, et al, Judge Jerome A. Holmes and Judge Paul J. Kelly, Jr. - appointees of President George W. Bush and President George H.W. Bush, respectively - shot down the arguments sharply.

U.S. Appeals Court for the 10th Circuit Judge Jerome A. Holmes; Photo Credit: The White House

Holmes and Kelly ruled that Sierra Club, et al failed to show how the pipeline will have a significant environmental impact despite the fact it's been deemed a “fuse to the biggest carbon bomb on the planet” by retired NASA climate scientist James Hansen. 

Construction of Keystone XL's southern half - subject of significant grassroots activism by the Tar Sands Blockade and others - is now nearly complete. Tar sands dilbit is slated to begin to flow through it in early 2014. 

Union of Concerned Scientists Cites DeSmog's "Frackademia" Work in Major Report

The Union of Concerned Scientists' Center for Science and Democracy has released a new report titled “Toward an Evidence-Based Fracking Debate” and DeSmogBlog's “frackademia” work takes the center stage in the 53-page heavily cited document.

With chapters on the science of hydraulic fracturing (“fracking”), fracking's regulatory landscape (and lack thereof), industry transparency (and again, lack thereof) and many sub-topics in between, DeSmog's “frackademia” work is mentioned twice in the “Interference in the Science” subsection. 

“Industry interests have influenced the outcome of academic studies of unconventional oil and gas development,” wrote UCS in citing DeSmogBlog. “Such efforts have produced industry-friendly research results and reports coming from several universities, a circumstance that has been dubbed 'frackademia.'”

UCS cited our “frackademia” case study of State University of New York at Buffalo and its proposed Shale Resources and Society Institute. The proposal was met with resistance and furor, eventually shuttering operations before it ever officially opened its doors in late-2012. 

Careful to avoid coastal bias, UCS also mentioned our probe of University of Southern California's “Powering California” report

Over 865,200 Gallons of Fracked Oil Spill in ND, Public In Dark For Days Due to Government Shutdown

Over 20,600 barrels of oil fracked from the Bakken Shale has spilled from a Tesoro Logistics pipeline in Tioga, North Dakota in one of the biggest onshore oil spills in recent U.S. history.

Though the spill occurred on September 29, the U.S. National Response Center - tasked with responding to chemical and oil spills - did not make the report available until October 8 due to the ongoing government shutdown. 

“The center generally makes such reports available on its website within 24 hours of their filing, but services were interrupted last week because of the U.S. government shutdown,” explained Reuters

The “Incident Summaries” portion of the National Response Center's website is currently down, and the homepage notes, “Due to [the] government shutdown, some services may not be available.” 

At more than 20,600 barrels - equivalent to 865,200 gallons - the spill was bigger than the April 2013 ExxonMobil Pegasus pipeline spill, which spewed 5,000-7,000 barrels of tar sands bitumen into a residential neighborhood in Mayflower, Arkansas.

So far, only 1,285 barrels have been recovered in North Dakota, and the oil is spread out over a 7.3 acre land mass.

Kris Roberts, environmental geologist for the North Dakota Department of Health Division of Water Quality told the Williston Herald, “the leak was caused by a hole that deteriorated in the side of the pipe.”

No water, surface water or ground water was impacted,” he said. “They installed monitoring wells to ensure there is no impact now or that there is going to be one.”

Obama's Former Communications Director Anita Dunn Pitches "Ethical Oil" Keystone XL Ad

Ezra Levant is the man behind an attempt to re-frame the Alberta tar sands as “ethical oil.” “Ethical” - Levant's deceptive public relations campaign argues of the tar sands “carbon bomb” - because it doesn't come from the war-ridden and human rights-abusing Middle East. 

Now, the “ethical oil” campaign has a new backer: Anita Dunn, former White House Communications Director for President Barack Obama and current Principal of SKDKnickerbocker, a public relations firm with offices in Washington, D.C.; New York City and Albany.

SKDK - as covered here on multiple occasions by DeSmogBlog - does PR for Transcanada, the company behind the controversial Keystone XL tar sands export pipeline. Transcanada has paid SKDK - and by extension, Dunn - to place ads in strategic television and radio markets in the Washington, D.C. area. 

America imports millions of barrels of oil from the Middle East every week,” a narrator says in an ominous tone in the most recent ad, as images of violent protests in the Middle East blare across the screen. “But we don’t have to.”

The T.V. ad then switches to serene music and landscape views with pipeline stretched across it, alluding to “ethical oil” coming from Canada if the northern half of Transcanada's Keystone XL pipeline is approved by both the U.S. State Department and President Barack Obama.

The radio ad - also singing the “ethical oil” tune - claims that building the northern half of the Keystone XL will create “over 40,000 good American jobs.” Independent studies point to it creating 35 full-time jobs and 3,950 temporary construction jobs

The New York Times explained that Transcanada paid Dunn and SKDK to place the “ethical oil“-style ad “to reach power players in Washington’s media market.”

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