tar sands

Sat, 2012-10-27 13:12Ben Jervey
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Lone Star Standoff: Texan Landowners and Climate Activists Unite to Block Keystone XL

Updated 10/29: It’s been exactly one month since eight protesters climbed into tree scaffolding some 80-feet high in the path of TransCanada’s tree-clearing troops. That acorn of an action has grown into a full-blown forest of resistance – with local landowners and climate activists joining hands (and sharing jail cells) to block the unwelcome southern leg of the Keystone XL tar sands pipeline.

Fri, 2012-10-26 17:20Franke James

The Scary Canada-China Trade Deal That Will Haunt Us for 31 Years

Illustration FIPA Harper by Franke James

hat's the scariest thing happening just after Halloween? Is it the stomachaches our children will have from eating too many sweet treats? No, it’s the Canada-China Foreign Investment Promotion and Protection Agreement (FIPA), which will automatically come into force on November 2nd, binding Canada for 31 years to come.

Shockingly, the most significant trade agreement since NAFTA is set to automatically go into effect – without a single debate or vote in Parliament. Our political representatives have not even had the chance to say “Boo”.
 
The deal was signed in secret by the Harper Government on September 9th, and quietly tabled in the House of Commons on Sept.26th. No press release to the Canadian media. No briefing to our MPs to announce the details. Just a clock ticking off the 21 sitting days until FIPA comes into force on Nov.2.
 
But surely the Harper Government has protected Canada’s interests? Unfortunately, no.
 
Fri, 2012-10-26 08:00Steve Horn
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Tar Sands South: First US Tar Sands Mine Approved in Utah

The race is on for the up-and-coming U.S. tar sands industry. To date, the tar sands industry is most well-known for the havoc it continues to wreak in Alberta, Canada - but its neighbor and fellow petrostate to the south may soon join in on the fun

On Oct. 24, the Utah Water Quality Board (UWQBapproved the first ever tar sands mine on U.S. soil, handing a permit to U.S. Oil Sands, a company whose headquarters are based in Alberta, despite it's name. 

In a 9-2 vote, the UWQB gave U.S. Oil Sands the green light to begin extracting bitumen from its PR Spring Oil Sands Project, located in the Uinta Basin in eastern Utah. The UWQB concluded that there's no risk of groundwater pollution from tar sands extraction for the prospective mining project.  

Members of the public were allowed to attend the hearing but “were not permitted to provide input,” according to The Salt Lake Tribune

Fri, 2012-10-26 05:00Carol Linnitt
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No Herd Left Behind: Federal Caribou Recovery Strategy On "Collision Course with Industry," Leads to Caribou "Zoos"

This post is a part of DeSmog's investigative series: Cry Wolf.

Five years overdue in a legal sense and ten years after caribou were officially listed as 'threatened' according to the Species at Risk Act, the Canadian government has finally released its controversial Recovery Strategy for the Woodland Caribou. The report, originally released in draft form in August 2011, ignited severe public criticism for emphasizing 'predator control' options like a provincial-wide wolf cull in order to artificially support flagging caribou populations in Alberta. 

The wolf cull garnered wide-spread condemnation from the scientific community, environmental organizations and First Nations who said the province's wolves were not the cause of caribou declines. Instead, Alberta's reckless industrial development in caribou habitat was to be blamed for the near-decimation of one of Canada's most iconic species. The caribou famously adorns the Canadian quarter.
 
The new and improved federal recovery strategy seems poised to remedy that, however, with dramatic improvements made to habitat protection and restoration legislation. Under the current strategy, the oil and gas industry, and the government of Alberta must work together to ensure a minimum of 65 per cent of caribou habitat is left undisturbed for the species to survive.

At least 65 per cent of caribou habitat must be left undisturbed for caribou herds to have a 60 per cent chance of being self-sustaining. Government and industry must make immediate arrangements to remediate caribou ranges that currently do not meet that 65 per cent benchmark within the next five years.
 
But the recovery strategy does not outline how Alberta must accomplish that task, leaving the 'immediate' ground work necessary for such accomplishments undefined. And given the rate at which the tar sands are currently experiencing expansion, Simon Dyer of the Pembina Institute described the strategy as “on a collision course with industry.” 
Thu, 2012-10-25 14:56Carol Linnitt
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The Rush to Ratify: BC Rejected International Investment Deal in '98 and Should Do So Again

This past weekend trade investment lawyer, Gus Van Harten, spent his time in his basement, rifling through old files. He knew that somewhere, buried in piles of international investment and legal trade documents, there was the answer to this one nagging question he couldn't shake: hadn't British Columbia already refused an investor-state treaty like the China-Canada Investment Deal once before? And wasn't that rejection because the trade deal was 'unconstitutional?'

And there the answer to his question lay: in a 1998 special legislative report BC published on the OCED's then-proposed Multilateral Agreement on Investment (MAI). In this document, a BC Special Committee outlines why an investor-state mechanism like MAI - which is essentially the same as the proposed China-Canada Investment Deal - is dangerous for provinces determined to protect their jurisdictional rights when it comes to governmental sovereignty, natural resources, First Nations, environmental protection and human and labour rights. 
 
The legislative committee recommended that “when negotiating the MAI or any future investment treaty, the federal government must ensure that the agreement does not apply to matters within provincial jurisdiction, including local government measures, without the express consent of the Legislative Assembly of British Columbia…If the federal government fails to provide for such consent, then the provincial government should explore all means, including legal action, to defend vigorously its own jurisdictional rights and those of local governments to represent the interests of British Columbians.”
 
According to this logic, British Columbians and all of our elected provincial officials should be up in arms over the proposed China deal. 
Thu, 2012-10-25 14:26Carol Linnitt
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BC Coastal First Nations Appeal For Help In Enbridge Pipeline Battle

If there was one message that stirred me during Monday's Defend Our Coast action, it was this: First Nations need you to join the fight to protect British Columbia's forests and coast from tar sands pipeline and tanker threats. 

The message came loud and clear from Coastal First Nations executive director Art Sterritt in his speech delivered to thousands spread out on the lawn of BC's legislature building in Victoria. Addressing the crowd he said, “Ladies and gentlemen, today is all about you. Coastal First Nations and all of the tribes of the interior, we've been stating our opposition for a long time now. But we're so happy that 3000 of you have come out to join with us today, 3000 people. And it's your voices that are important today, not ours. It's your voices that we need to join with us.”

Sterritt asked the crowd, “Who is going to lay down in front of the bulldozers?” To which the crowd resoundingly replied, “We will!”

Monday's Defend Our Coast rally demonstrated the extent to which First Nations and other British Columbians are prepared to stand together to protect the province's right to refuse the Enbridge Northern Gateway Pipeline. The overwhelming emphasis during Monday's event was “the people, united, will never be defeated,” a line sung in unison across the crowded square.

Tue, 2012-10-23 18:12Carol Linnitt
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Athabasca Chipewyan First Nation Challenges Shell in Legal Hearing

Today the Athabasca Chipewyan First Nation (ACFN) is arguing that Shell Canada's proposed expansion of the Jackpine Mine in the tar sands is in violation of constitutionally protected aboriginal rights outlined in Section 35 of the Canadian Constitution and Treaty 8, which the ACFN signed in 1899. Arguments against the proposal will be heard by a provincial-federal Joint Review Panel.

The ACFN participated in a Fort McMurray rally today, asking for individuals, organizations and communities across Canada to stand in solidarity with their tribe. 

“We are here today because a legal challenge may be the only remaining piece of law that can stop the destruction of our land,” said Allan Adam, chief of the ACFN. “We are thankful for the mountain of support we've been receiving. People understand the significance of this challenge and what we must do for our land.”

The proposed expansion will increase Jackpine Mine's production capacity from 200,000 barrels per day (bbl/d) to 300,000 bbl/d and will extend the mine's lifespan to 2049.

The project will add 1.8 million tonnes of greenhouse gasses into the atmosphere, roughly the equivalent of 280,000 additional cars on the road. The waste from the expanded project will amount to some 486 billion litres of liquid tailings including mercury, arsenic and lead, which Shell proposes to permanently bury in what is called a 'pit lake,' according to a press release.

Fri, 2012-10-19 11:00Carol Linnitt
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China-Canada Investment "Straitjacket:" Interview with Gus Van Harten Part 3

This is the third and final post in the series China-Canada Investment “Straitjacket:” Exclusive Interview with Gus Van Harten. You can access Part 1 here and Part 2 here.

Canada has already begun the short countdown to the day the China-Canada Investment Deal becomes ratified in the House of Commons, although the nation has been granted no opportunity to clarify or discuss the full economic or environmental significance of the agreement - the most significant in Canada's history since NAFTA.
 
Prime Minister Harper, who signed the agreement in Vladivostok in September, is forcing this deal through with such force and brevity it makes the undemocratic Omnibus budget bill C-38 look like a dress rehearsal. 
 
International investment lawyer and trade agreement expert Gus Van Harten has landed center-stage in the controversy as one of the only figures willing and qualified to speak up against the investment agreement. He told DeSmog that Canada's rush to enter into an investment deal of this sort endangers Canadian democracy, threatens Canadian sovereignty and could fracture the government's loyalty to its people. 
 
In this post, the final segment of our interview with Van Harten, he discusses in more detail just how bad this deal is for Canada economically and how much it threatens to corrupt our way of doing business. 
Thu, 2012-10-18 10:34Carol Linnitt
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China-Canada Investment "Straitjacket:" Interview with Gus Van Harten Part 2

This post is second in a series on the Canada-China Investment “Straitjacket:” Exclusive Interview with Gus Van Harten. You can read Part 1 here and Part 3 here.

Right now Canadians stare down the barrel of a 31-year long legal trade agreement with the Chinese government that did not become public knowledge until September 26, 2012.

The trade treaty, known as the Foreign Investment Protection Agreement or FIPA, has garnered notable opposition in the past three weeks, with NDP trade critic Don Davies calling for public hearings, Green Party MP Elizabeth May calling for an emergency Parliamentary debate, and campaign organizations Leadnow.ca and SumofUs.org gathering over 39,300 opposition signatures (and counting) to deliver in person to Ottawa.

Yesterday, the Canadian Press reported the Harper government's refusal to host public hearings. Elizabeth May's October 1 request was also denied on the grounds that FIPA does not meet the test of emergency.

The trade agreement, or treaty, as it is called, is slated for ratification at the end of this month. The Commons trade committee will be briefed on the document in a one hour hearing.

With a trade deal that threatens Canadian sovereignty looming on the horizon and a government committed to expediting its approval, DeSmog caught up with trade investment lawyer and Osgoode professor Gus Van Harten to talk through some of the details.

Wed, 2012-10-17 16:41Guest
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TransCanada Whistleblower Confirms Why His Company Can't Be Trusted On Pipeline Safety

This is a guest post by Janet MacGillivray, Legal Coordinator and Campaign Strategic Advisor with Tar Sands Blockade.

Today, former TransCanada engineer Evan Vokes blew the whistle on his company's incompetent pipeline inspectors and non-compliance with Canada's welding regulations. In an exclusive television interview with CBC News, Vokes detailed his extensive efforts to warn his employer that it was acting irresponsibly and that a pipeline disaster could result.

As someone who just recently signed up to take action against TransCanada's irresponsible Keystone XL tar sands pipeline, this revelation confirms that all those concerned with this dangerous TransCanada project are right to fight it. Vokes' brave step forward to reveal the company's negligence will provide even more inspiration to those working to ensure that TransCanada's Keystone XL dreams remain a fantasy.

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