TransCanada

TransCanada Hoping Bad Trade Deal Will Make Keystone XL A Reality

TransCanada is suing the U.S. government for blocking the construction of the Keystone XL pipeline.  The company argued in their federal court filings that President Obama had overstepped his Constitutional powers in putting the brakes on the project.

The company is seeking $15 billion in damages from the federal government in a lawsuit brought under the North American Free Trade Agreement (NAFTA).

This move by TransCanada was entirely predictable, as I wrote back in May 2013:

Breaking: TransCanada’s Hopes For “Zombie” Keystone XL Pipeline Revived As South Dakota Validates Expired Permit

The South Dakota Public Utility Commission (PUC) voted unanimously to keep TransCanada’s hopes for the Keystone XL pipeline alive by validating its permit certification that expired in 2014.

Chris Nelson, the chair of the commission, concluded TransCanada could still meet all the conditions of its expired permit. The fact TransCanada was denied a needed presidential permit to cross international borders was not a reason to deny certification because the next president could grant it, the PUC chair said. 

He stated that the lawyers representing the Intervenors — indigenous tribes, the grassroots group Dakota Rural Action, and individual landowners — did not make a case proving TransCanada was unable to meet any of the conditions required to build the pipeline, despite a nine-day hearing last summer at which Intervenors presented reams of evidence and allegations to the contrary. 

During Paris Climate Summit, Obama Signed Exxon-, Koch-Backed Bill Expediting Pipeline Permits

Just over a week before the U.S. signed the Paris climate agreement at the conclusion of the COP21 United Nations summit, President Barack Obama signed a bill into law with a provision that expedites permitting of oil and gas pipelines in the United States.

The legal and conceptual framework for the fast-tracking provision on pipeline permitting arose during the fight over TransCanada's Keystone XL tar sands pipeline. President Barack Obama initially codified that concept via Executive Order 13604 — signed the same day as he signed an Executive Order to fast-track construction of Keystone XL's southern leg — and this provision “builds on the permit streamlining project launched by” Obama according to corporate law firm Holland & Knight.

If the Keystone XL Pipeline is Dead, South Dakota Regulators Didn’t Get the Memo

TransCanada pipe yard

TransCanada’s Keystone XL pipeline is not as dead as some of its adversaries claimed after President Obama denied the presidential permit for the border-crossing section of the tar sands pipeline. 

The company’s plans for the South Dakota part of the pipeline are still in play after the South Dakota Public Utility Commission (PUC) denied a motion to throw out the company’s request to certify its expired permit. 

Federal Court Gives Blessing to Covertly Approved Enbridge Cross-Border Tar Sands Pipeline Expansion

A federal court has ruled that the Enbridge Alberta Clipper (Line 67) cross-border tar sands pipeline expansion project, permitted covertly and behind closed doors by the Obama Administration, got its greenlight in a legal manner. 

The ruling — made by Michael J. Davis, a President Bill Clinton-appointee — comes just over a year after several environmental groups brought a lawsuit against the U.S. Department of State for what they said was a violation of the National Environmental Policy Act (NEPA). NEPA calls for robust public hearings and public commenting periods for any major proposed energy infrastructure projects, referred to by some as the “Magna Carta of environmental law.”

Alberta Climate Announcement Puts End to Infinite Growth of Oilsands

Alberta Climate Change Announcment

The days of infinite growth in Alberta’s oilsands are over with the Alberta government’s blockbuster climate change announcement on Sunday, which attracted broad support from industry and civil society.

This is the day that we start to mobilize capital and resources to create green jobs, green energy, green infrastructure and a strong, environmentally responsible, sustainable and visionary Alberta energy industry with a great future,” Premier Rachel Notley said. “This is the day we stop denying there is an issue, and this is the day we do our part.”

Notley and Environment & Parks Minister Shannon Phillips released a 97-page climate change policy plan, which includes five key pillars.

TransCanada's Next Move After Keystone XL: Flood Mexico with Fracked Gas with State Department Help

TransCanada, the owner of the recently-nixed northern leg of the Keystone XL tar sands pipeline, has won a bid from Mexico's government to build a 155-mile pipeline carrying gas from hydraulic fracturing (“fracking”) in the United States to Mexico's electricity grid. 

The company has benefited from Mexico's energy sector privatization promoted by the U.S. State Department, the same agency that denied a permit to the U.S.-Canada border-crossing Keystone XL. TransCanada said in a press release that construction on the $500 million line will begin in 2016 and it will be called the Tuxpan-Tula Pipeline. 

VICTORY! Obama Rejects Scandal-Ridden Keystone XL Tar Sands Pipeline

At long last, President Obama today rejected the heavily-protested, scandal-ridden Keystone XL tar sands pipeline proposed by TransCanada (NYSE: TRP). Congratulations to everyone who raised their voice, got arrested, spent hours researching the many lobbying scandals (like we did here on DeSmog), and otherwise helped to usher in the first time that a fossil fuel infrastructure project was defeated based on its global warming pollution impact. 

Prime Minister Harper’s Inaction on Climate Killed the Keystone XL Oilsands Pipeline

Stephen Harper climate change

With U.S. President Barack Obama expected to deny a permit to the Keystone XL pipeline this fall, Canada’s oil industry is looking for someone to blame.

The National Post’s Claudia Cattaneo wrote last week that “many Canadians … would see Obama’s fatal stab as a betrayal by a close friend and ally” and that others “would see it as the product of failure by Stephen Harper’s Conservative government to come up with a climate change plan.”

The latter is the more logical conclusion. Obama has made his decision-making criteria clear: he won’t approve the pipeline if it exacerbates the problem of carbon pollution.

Even the U.S. State Department’s very conservative analysis states the Keystone XL pipeline would “substantially increase oilsands expansion and related emissions.” The Environmental Protection Agency has agreed.

While Canada’s energy reviews take into account “upstream benefits” — such as jobs created in the oilsands sector as a result of pipelines — they don’t even consider the upstream environmental impacts created by the expansion of the oilsands.

For all the bluster and finger-pointing, there’s no covering up the fact that Canada’s record on climate change is one of broken promises.

Judges Nixing Keystone XL South Cases Had Tar Sands-Related Oil Investments

On August 4, the U.S. Appeals Court for the 10th Circuit shot down the Sierra Club's petition for rehearing motion for the southern leg of TransCanada's Keystone XL tar sands export pipeline. The decision effectively writes the final chapter of a years-long legal battle in federal courts. 

But one of the three judges who made the ruling, Bobby Ray Baldock — a Ronald Reagan nominee — has tens of thousands of dollars invested in royalties for oil companies with a major stake in tar sands production in Alberta.  And his fellow Reagan nominee in the Western District of Oklahoma predecessor case, David Russell, also has skin in the oil investments game.  

The disclosures raise questions concerning legal objectivity, or potential lack thereof, for the Judges. They also raise questions about whether these Judges — privy to sensitive and often confidential legal details about oil companies involved in lawsuits in a Court located in the heart and soul of oil country — overstepped ethical bounds. 

These findings from a DeSmog investigation precede President Barack Obama's expected imminent decision on the northern, border-crossing leg of Keystone XL.

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