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Wed, 2014-06-25 13:27Steve Horn
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Recent Federal Court Decision Could Muddy Waters for Keystone XL South, Flanagan South

On June 6, the U.S. Court of Appeals for the District of Columbia Circuit handed down a ruling that will serve as important precedent for the ongoing federal legal battles over the Keystone XL and Flanagan South tar sands pipelines.

In the Delaware Riverkeeper v. Federal Energy Regulatory Commission (FERC) case, judges ruled that a continuous pipeline project cannot be segmented into multiple parts to avoid a comprehensive National Environmental Policy Act (NEPA) review. This is what Kinder Morgan proposed and did for its Northeast Upgrade Project.

As reported on DeSmogBlog, the U.S. Army Corps of Engineers did the same thing to streamline permitting for both the southern leg of TransCanada's Keystone XL and Enbridge's Flanagan South. Sierra Club and co-plaintiffs were denied injunctions for both pipelines in October and November 2013, respectively.

Delaware Riverkeeper v. FERC dealt with breaking up a new 40-mile long pipeline upgrade into four segments. For the other two cases, the Army Corps of Engineers shape-shifted the two projects — both hundreds of miles long each — into thousands of “single and complete” projects for permitting purposes.

On the day of the Delaware Riverkeeper v. FERC decision, Sierra Club attorney Doug Hayes submitted the case as supplemental authority for the ongoing Flanagan South case.

On May 5, Hayes also submitted paperwork to appeal the Keystone XL South decision in front of the U.S. Court of Appeals for the Tenth Circuit, which was docketed by the clerk of Ccurt the next day.

Hayes told DeSmogBlog his side will file an opening brief for the appeal on July 30. It seems likely Delaware Riverkeeper v. FERC will be a key part of that appeal.

In a sign of the importance of the outcome for the oil and gas industry, the American Petroleum Institute (APIentered the Sierra Club v. Army Corps of Engineers case on Keystone XL as an intervenor on May 16, represented by corporate law firm Hunton & Williams.

At the federal level, Hunton & Williams lobbies on behalf of Koch Industries, a company with a major stake in tar sands leases and refining.

Sun, 2014-06-15 07:00Justin Mikulka and Steve Horn
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Meeting Logs: Obama White House Quietly Coddling Big Oil on “Bomb Trains” Regulations

When Richard Revesz, Dean Emeritus of New York University Law School, introduced Howard Shelanski at his only public appearance so far during his tenure as Administrator of the White House Office of Information and Regulatory Affairs (OIRA), Revesz described Shelanski as, “from our perspective, close to the most important official in the federal government.”

OIRA has recently reared its head in a big way because it is currently reviewing the newly-proposed oil-by-rail safety regulations rolled out by the Department of Transportation (DOT) and Pipeline and Hazardous Materials Safety Administration (PHMSA).   

During his presentation at NYU, Shelanski spoke at length about how OIRA must use “cost-benefit analysis” with regards to regulations, stating, “Cost-benefit analysis is an essential tool for regulatory policy.”

But during his confirmation hearings, Shelanski made sure to state his position on how cost-benefit analysis should be used in practice. Shelanski let corporate interests know he was well aware of their position on the cost of regulations and what they stood to lose from stringent regulations. 

Regulatory objectives should be achieved at no higher cost than is absolutely necessary,” Shelanski said at the hearing.

Mon, 2014-05-05 05:00Sharon Kelly
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Fine Print on Baker Hughes New Fracking Fluid Disclosure Policy Draws Skepticism

Back in 2008, Cathy Behr, a nurse who worked at a Durango, Colorado hospital was hospitalized after suffering a cascade of organ failures. Days earlier, Ms. Behr had treated an oil and gas field worker who arrived in the emergency room doused in a fracking chemical mix called Zeta-Flow, the fumes from which were so powerful that the emergency room had to be evacuated. All told, 130 gallons of the apparently noxious fluid had spilled onto the Southern Ute Indian Reservation, an EPA report later noted, although the spill was never reported to local officials.

So what's in Zeta-Flow? Because the formula for the chemical, marketed as increasing gas production by 30 percent, is considered a trade secret, oilfield services company Weatherford International was never required to make the full answer public.

This secrecy was one of the first issues to be raised by public health officials investigating fracking pollution claims, who pointed out that without knowing what chemicals are used by the industry, it’s difficult or impossible to know what toxins to test for.

So at first blush, it seems like a major development that Baker Hughes, a major oil field services company, has agreed to stop asserting that the ingredients in its fracking fluids are “trade secrets” when it voluntarily provides information on the website FracFocus.

Indeed, the Department of Energy recently lauded the move by Baker Hughes to voluntarily disclose the chemicals used in its fracking formulas without invoking the controversial exemption commonly claimed by drillers. Deputy Assistant Energy Secretary Paula Gant called Baker Hughes' move “an important step in building public confidence,” adding that the department “hopes others will follow their lead.”

But a look at the fine print on that promise — and the company’s track record on disclosures — suggests that Baker Hughes' new policy may not be enough to keep the public adequately informed about the chemicals used in its fracturing fluids.

Wed, 2014-04-30 05:00Justin Mikulka
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How This U.S. Rail Safety Measure Has Been Delayed for 44 Years … And Counting

NTSB Chairman Deborah Hersman

On August 20, 1969, two Penn Central commuter trains collided head-on near Darien, Conn.  Four people were killed and 43 were injured. The crash led the National Transportation Safety Board (NTSB) to recommend that railroads implement new safety technology called positive train control — a system for monitoring and controlling train movements to increase safety.

The NTSB first recommended positive train control in 1970. In 2008, after another fatal train collision that killed 25 people, Congress finally passed the Rail Safety Improvement Act, which mandated positive train control be implemented by the railroad industry by the end of 2015. 

Fast-forward another six years to multiple congressional hearings in recent months, during which the railroads have informed Congress that positive train control simply won’t be implemented by the end of 2015. It’s been 44 years since the NTSB first recommended positive train control to improve rail safety in the U.S. and it is still not being used. 

Tue, 2014-04-22 15:09Steve Horn
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Earth Day Greenwash: API Front Group Iowa Energy Forum Sponsors Pro-Keystone XL Event

The political carnival that is the prelude to the Iowa caucuses has started over a year and a half early. At the center of it this time around: a game of political hot potato over the northern leg of TransCanada's Keystone XL tar sands pipeline.

American Petroleum Institute (API) deployed one of its paid consultants — former Obama Administration National Security Advisor General James “Jim” Jones — to deliver an Earth Day address in the home state of the presidential caucuses at Drake University in Des Moines, Iowa.

James Jones used his time on the podium to promote the Keystone XL tar sands pipeline, which another James — retired NASA climatologist James Hansen — once called a “fuse to the biggest carbon bomb on the planet.”

“General James Jones…will discuss the benefits of the pipeline initiative, including more jobs, less dependence on foreign oil, and cheaper energy costs for Americans,” explained an April 15 Drake University press release promoting the event.


Gen. James Jones; Photo Credit: Wikimedia Commons

Days after the Obama Administration decided to delay making a decision on Keystone XL North until after the 2014 mid-term elections, API went on the offensive, with Jones acting as the group's surrogate.

API is using one of its numerous front groups that could factor most prominently during election season: the Iowa Energy Forum, chief sponsor and organizer of the event titled, “The Pipeline to National Security Discussion.”

Fri, 2014-01-24 11:00Farron Cousins
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Dirty Energy Job Numbers Don't Add Up

A foolproof way to sell an idea to the American public is to link that idea to jobs. If you are able to convince them that your proposal will either preserve jobs already in place, or even better, create new jobs, it makes it much more difficult to ignore. 

This is why the promise of jobs has been used to sell the Keystone XL pipeline to the public, and the concept of preserving jobs has been used to fight the tightening of safety standards for the coal industry.

In both of those examples, the dirty energy industry has grossly inflated the net economic benefit of their activities, but that hasn’t stopped politicians and pundits from parroting those same “job creation” talking points to the national media.

The “job creator” talking points have proven to be so successful for the dirty energy industry that they have begun using them to defend everything from their $4 billion a year in federal tax subsidies, to their $1 trillion in net profits over the last decade.  They can’t be the bad guys because they employ millions of hard-working Americans, so their story goes.

But when you stop to analyze the industry’s numbers, numbers that they’ve sworn are accurate in front of Congress, the math simply doesn’t add up.

Thu, 2013-07-18 05:00Steve Horn
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State Dept Keystone XL Environmental Reviewer Claimed Delaware Tar Sands Refinery Made Air Cleaner

A DeSmogBlog investigation reveals Environmental Resources Management, Inc. (ERM Group), the contractor that performed the environmental review for TransCanada's Keystone XL tar sands export pipeline, was also recently hired by a major Delaware City refinery to study air quality around the plant. 

This “study” was funded by the refinery itself, owned by Delaware City Refining Company, a wholly-owned subsidiary of PBF EnergyDelaware City Refinery is the recipient of 180,000 barrels per day of fracked oil from North Dakota's Bakken Shale along with oil extracted from Alberta's tar sands - both referred to as the “holy grail” by the Refinery's owner at a Feb. 2013 meeting - which sojourn eastward via mile-long freight rail cars owned by Norfolk Southern.

Conducted in March 2013, the study concluded the “air quality [near the refinery] is as good as, and in some cases, better than samples taken during the 2011 study before the refinery restart,” as explained on a flyer obtained by DeSmog promoting two public meetings hosted by ERM to discuss results. 

However, an independent air sample study detected the cancer-causing compound benzene far above levels set by the Environmental Protection Agency, as well as soot and sulfur dioxide, in an area one mile from the refinery.

ERM Group - a dues-paying member of American Petroleum Institute (API), which has spent over $22 million lobbying on tar sands and Keystone XL since its June 2008 proposal - said that because Alberta's tar sands will get to market with or without Keystone XL, the tube's northern half “is unlikely to have a substantial impact on the rate of [tar sands] development.”

Under that logic, Keystone XL - which President Obama said in in the Climate Action Plan he will only approve if it doesn't “significantly exacerbate…carbon pollution” - won't have a “substantial impact” on climate change. That could mean “game on” for the pipeline. 

Wed, 2013-06-26 21:10Steve Horn
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API Spent $22 Million Lobbying for Keystone XL; State Dept Contractor ERM an API Member

In President Barack Obama's Climate Action Plan address, he stated that TransCanada's Keystone XL tar sands pipeline would only receive State Department approval “if this project does not significantly exacerbate the problem of carbon pollution.” 

As it stands, that means Keystone XL - which if built to full capacity would pipe diluted bitumen, or “dilbit” from the Alberta tar sands down to Port Arthur, TX refineries for shipment to the global export market - may likely receive Obama's approval.

That's because Obama's State Dept. - assigned to make a final decision on KXL because it crosses the international border - contracted its Draft Supplemental Environmental Impact Study (SEIS) out to Environmental Resources Management, Inc. (ERM Group).

ERM Group is a dues-paying member of the American Petroleum Institute (API), as is TransCanada.

The SEIS concluded KXL's “approval or denial” - misleading because its southern half is already 75-percent complete via an Obama March 2012 Executive Order - “is unlikely to have a substantial impact on the rate of development” of the tar sands. Therefore, it will also have little impact on climate change, according to ERM's SEIS

It's important to remember that ERM was chosen on behalf of State by TransCanada itself. Futher, one of the ERM employees tasked to conduct the SEIS, as exposed in a Mother Jones investigation, is a former TransCanada employee.

A DeSmog investigation also reveals that API has spent $22.03 million dollars lobbying at the federal level on Keystone XL and/or tar sands issues since the pipeline was initially proposed in June 2008. Further, some of those oil lobbyists have direct ties to both President Barack Obama and U.S. Secretary of State John Kerry, the two men who have the final say on KXL

Thu, 2013-06-06 05:00Graham Readfearn
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The Campaigns That Tried To Break The Climate Science Consensus

So just in case anyone wasn’t sure, a major study of almost 12,000 scientific papers on global warming between 1991 and 2011 finds less than one per cent disagree that humans are the main cause.

Published in the journal Environmental Research Letters, the study led by John Cook, the Australia-based founder of Skeptical Science, confirms the debate about the causes of global warming had all but vanished in the scientific literature by the early 1990s. Almost all the research says it’s mostly caused by humans.

For any followers of climate science in journals (the place where it actually matters) the finding wasn’t really news at all.

Yet survey after survey finds the public still thinks scientists are arguing over the causes of global warming and the media continues to attempt to resuscitate long-dead ideas.

Does it matter that people have a clear understanding of the main thrust of the science? A 2012 study in the journal Nature Climate Change found that people were more likely to accept human-caused global warming if they were informed that scientists were in broad agreement (which we know they are).

For decades, fossil fuel-funded groups, free market think tanks (some of which also qualify as fossil fuel funded groups) and the fossil fuel industry itself have known the importance of the public’s understanding of the state of climate science. A public that understands the state of the science is more likely to want something done about climate change. Doing something, means using a lot less fossil fuel.

But who wanted to tell the public that a consensus didn’t exist? Here are just some of the campaigns run over the years showing how breaking the consensus in the eyes of the public was a key strategy.

Sun, 2013-05-12 12:57Farron Cousins
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Obama, Biden Parroting Bogus Gas Industry Talking Points

For several years, both President Obama and Vice President Biden have been singing the praises of natural gas and hydraulic fracturing, claiming that the upcoming “cheap energy boom” would bring hundreds of thousands of jobs to work-hungry Americans.

The claim, which reached the most ears during the President’s 2012 State of the Union Address and was parroted throughout the campaign season, was that the new shale gas bonanza would bring 600,000 new jobs to America over the next decade.  With job creation as a top campaign issue, this talking point resonated well with American voters. 

And while the talking point was blindly reprinted by countless media outlets, the source has been traced back to the dirty energy industry itself.  Specifically, a 2012 shale gas / fracking booster sheet produced by the American Petroleum Institute.

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