julia trigg crawford

Obama's Veto of Keystone XL Bittersweet for Texans Forced to Allow the Pipeline on Their Land

As expected, President Obama today vetoed the Republican bill attempting to allow TransCanada to finish constructing the Keystone XL tar sands export pipeline. While the veto received praise from environmentalists, along with encouragement to reject the pipeline entirely, the veto provides little consolation to those in Texas who already have the southern route of the pipeline moving Canadian tar sands under their land. 

“Don't get me wrong. I’m thrilled that President Obama owned up to his promise to veto the Keystone XL pipeline bill today. But in the same breath I'm spittin' mad,” Julia Trigg Crawford, Texas landowner who fought TransCanada from taking her land by eminent domain but lost, told DeSmogBlog.

“Nearly three years ago, with the exact same data in front of him he decided to 'cut through the red tape and fast track' the southern leg of this project. Where was his 'climate test' then?” “Before the ink is dry on this veto, President Obama owes all of us in Texas and Oklahoma an explanation. Better yet, an apology.”

Julia Trigg Crawford next to the easement on her land in Sumner, Texas that TransCanada condemned to build the southern route of the Keystone XL pipeline. ©2013 Julie Dermansky

In the constant clamor from high profile environmental groups for President Obama to reject the Keystone XL pipeline, there is little mention that the president fast-tracked the southern portion of the pipeline. Nor do most people know that TransCanada is already transporting tar sands from Canada to the Gulf Coast.

Questions Raised About Integrity of Keystone XL's Southern Route After Conditions Added for Northern Leg

The Keystone XL pipeline's southern route passes under Eleanor Fairchild's Texas property, so she got angry when she learned that the Pipeline and Hazardous Materials Safety Administration (PHMSA) has added two new conditions to the 57 already required for construction of the pipeline's northern route.

“My fears were confirmed,” Fairchild told DeSmogBlog. “The regulators knew the southern route wasn’t built safely. It is like they have said to hell with us in Texas and Oklahoma.”

Eleanor Fairchild was defiant when TransCanada started installing the pipeline on her land. She kept a watchful eye during the installation and repair of the pipeline. ©2012 Julie Dermansky

Julia Trigg Crawford, another Texas landowner who fought TransCanada in the courts, shared a link to an Associated Press story that focuses on the two new conditions. “Read this ASAP to see why Texans and Oklahomans were so outraged about TransCanada's abysmal construction record on the southern leg of the Keystone XL,” she wrote.

Julia Trigg Crawford
Julia Trigg Crawford was labeled an activist by TransCanada attorney James Freemand. She considers herself a patriot for standing up for all Americans' property rights. ©2013 Julie Dermansky

The conditions require TransCanada to hire a third-party contractor chosen by PHMSA to monitor the construction and make reports to the U.S. government on whether the work is sound. Additionally, TransCanada must “develop and implement a quality management system that would apply to the construction of the entire Keystone XL project in the U.S. to ensure that this pipeline is — from the beginning — built to the highest standards by both Keystone personnel and its many contractors.”

The Tar Sands Blockade, an activist group that independently monitored the pipeline installation after failing to stop it, wrote on its blog that the new conditions suggest there are serious problems with the southern route.

“TransCanada’s internal quality management and PHMSA’s external inspection program were inadequate, if not fatally flawed. The failures implied by these new conditions beg the question: If TransCanada wasn’t adequately inspecting its own work, and PHMSA didn’t have the third-party inspection company it needed for effective oversight, was anyone actually watching TransCanada?”

Interview: Texan Julia Trigg Crawford’s Valiant Effort to Stop TransCanada's Keystone XL Pipeline

Julia Trigg Crawford is one of a handful of Texas property owners waging a fierce battle against the TransCanada Keystone XL pipeline. Her fight began in August 2011, when she turned down TransCanada’s final offer for an easement across her family’s 650-acre farm in Direct, Texas. TransCanada took her to court to get the easement, claiming their right to eminent domain, a claim Crawford challenges.

Once she jumped into the ring, she found she was fighting not just for herself, but for all American property owners and the planet too.

In the cases of Texas landowners vs. TransCanada, TransCanada didn’t have to prove it was serving the common good, or follow the statutes to declare its right to eminent domain. Nor did they have to prove it was a common carrier to get a T-4 permit from the Texas Railroad Commission, giving them the right to operate a pipeline in Texas. To get a T-4 permit all TransCanada did was check a box saying it is a common carrier: a designation for pipelines used by others, ultimately serving the greater good.

With the Texas Railroad Commission rubber stamping permits, TransCanada was able to move forward without any questions from the U.S. government. 

Crawford says, “TransCanada said they were a common carrier, and since no landowner had yet challenged them, and the Railroad Commission didn't seem to care enough to investigate, they got to proceed like they were, picking up the club of eminent domain along the way. Crawford says. : That was the situation when TransCanada came knocking on our doors.”

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