TransCanada

Fri, 2014-11-14 09:59Steve Horn
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Former Treasury Secretary Timothy Geithner's Warburg Pincus May Profit from Tar Sands Exports

Several environmental groups have filed a lawsuit against the U.S. Department of State and Secretary John Kerry over the permitting of a controversial border-crossing northern leg of a pipeline system that DeSmogBlog has called Enbridge's “Keystone XL Clone.”

The Keystone XL Clone is designed to accomplish the same goal as TransCanada's Keystone XL: bringing Alberta's tar sands to Gulf coast refineries and export market. It consists of three legs: the Alberta Clipper expansion as the northern leg, the Flanagan South middle leg and the Seaway Twin southern leg.

Green groups have called the northern leg an “illegal scheme” because the Enbridge Alberta Clipper expansion proposal didn't go through the normal State Department approval process. Instead, State allowed Enbridge to add pressure pumps to two separate-but-connected pipelines on each side of the border and send Alberta's diluted bitumen (“dilbit”) to market.

Enbridge dodged a comprehensive State Department environmental review, which involves public hearings and public commenting periods. The groups say this is illegal under the National Environmental Policy Act (NEPA) and have demanded a re-do for Enbridge's application process.

“The only thing worse than dirty oil is dirty oil backed by dirty tricks. This is the fossil fuel equivalent of money laundering,” Kieran Suckling, executive director of the Center for Biological Diversity, said in a press release announcing the lawsuit. “The Obama administration should be ashamed of itself for letting Enbridge illegally pump more dirty tar sands oil into the United States.”

The maneuver has a key beneficiary: former Obama Administration Secretary of the Treasury, Timothy Geithner, who now serves as President of the private equity giant Warburg Pincus.

Geithner's connection to the lawsuit not only adds intrigue, but also reveals the purpose of Enbridge's Keystone XL Clone: an export fast-track to the global market.

Mon, 2014-11-03 15:41Chris Rose
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“Citizen Interventions” Have Cost Canada’s Tar Sands Industry $17B, New Report Shows

Oil companies and fossil fuel investors seeking further developments in the Alberta tar sands have been dealt another setback with the publication of a report showing producers lost $17.1 billion USD between 2010-2013 due to successful public protest campaigns.

Fossil fuel companies lost $30.9 billion overall during the same period partly due to the changing North American oil market but largely because of a fierce grassroots movement against tar sands development, said the report — Material Risks: How Public Accountability Is Slowing Tar Sands Development.

A significant segment of opposition is from First Nations in Canada who are raising sovereignty claims and other environmental challenges, added the report, which was produced by the Institute for Energy Economics and Financial Analysis (IEEFA) and Oil Change International (OCI).

Tar sands producers face a new kind of risk from growing public opposition,” Tom Sanzillo, director of finance at IEEFA, and one of the lead authors on the report, said. “This opposition has achieved a permanent presence as public sentiment evolves and as the influence of organizations opposed to tar sands production continues to grow.”

Fri, 2014-10-31 13:36Carol Linnitt
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DeSmogCAST Episode 1 Drilling Down: Fracking, Lobbying and the U.S. Midterm Elections

This week DeSmog is launching its inaugural episode of DeSmogCAST, a weekly newscast featuring our writers, experts and invited guests. Each week we’ll discuss breaking stories and engage in analysis of politics, energy and environment issues in the U.S., Canada and around the world.

In this episode, hosted by DeSmog contributor Farron Cousins, our team discusses Steve Horn’s recent story on the new Post Carbon Institute report that calls into question the viability of forecasts for oil and gas production via fracking.

A Horn explains, “if you look at this report it second guesses a lot of the estimates put out by the Energy Information Agency in the States.”

There’s a concept called the drilling treadmill in industry: you have to drill more and more just to maintain productivity. Which means all the things we know about, water contamination, climate change impact, on a county by county basis across the U.S. those happen all over the place just so industry can maintain flat levels of production.”

It’s a story of false premises,” Horn adds.

Tue, 2014-10-28 22:43Chris Rose
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Canadian Corporations Spent Over $15M Lobbying U.S. Government in 2014, Report

canadian corporations, lobbying, US elections

As the mid-term elections in the United States continue to heat up, a new report released Wednesday shows that Canadian corporations have registered at least $15.3 million USD in spending on direct lobbying of the U.S. federal government in the first nine months of 2014.

That includes $2.87 million by Canadian National Railway Company in the face of increasing regulatory attention to the rail transport industry on both sides of the border, said the report — Are Canadian corporations spending to influence the U.S. political process?

Written by The Shareholder Association for Research and Education (SHARE), the 13-page report noted that the TransCanada Corporation, well aware that the controversial Keystone pipeline project is up for approval at the federal level, spent $1.07 million on political lobbying from January to September.

The author of the report, Kevin Thomas, SHARE’s Director of Shareholder Engagement, said in a telephone interview that Canadian companies are clearly involved in political spending in the U.S.

The problem is there’s no real requirement for disclosure on either side of the border that can quantify the extent of that spending,” Thomas said.

Thu, 2014-10-23 12:00Peter Wood
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B.C. Ought to Consider Petronas’ Human Rights Record Before Bowing to Malaysian Company's LNG Demands

Penan people of Sarawak blockade a Petronas pipeline

It should come as no surprise that Petronas expects B.C. to cave in to its demands to expedite the process of approving its Pacific NorthWest LNG terminal and natural gas pipeline, lowering taxes and weakening environmental regulations in the process.

After all, Petronas has a well-established record of getting what it wants in the other countries it operates in, such as Sudan, Myanmar, Chad and Malaysia.

This week, the B.C. government did cave to at least one Petronas’ demands — cutting the peak income tax rate for LNG facilities from seven to 3.5 per cent, thereby slashing in half the amount of revenue it’s expecting to receive from the liquefied natural industry.  The government also introduced a standard for carbon pollution for B.C.’s LNG industry, which was hailed as a step in the right direction, but not enough.

In considering Petronas’ bid to develop B.C.’s natural gas resources, it is vital that we consider the company’s track record.

In 2011, I had the opportunity to witness the destruction caused by a Petronas pipeline, while working with the international NGO Global Witness. While staying with the semi-nomadic Penan people of Sarawak (Malaysian Borneo), I heard testimony of how the company had treated them in the course of constructing the pipeline.

Mon, 2014-09-22 13:00Farron Cousins
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Senate Republicans Go All In On Keystone XL

Six years have passed since TransCanada originally sought a permit for the Keystone XL pipeline, and Republicans in Washington have not given up fighting for the project. In spite of the fact that the pipeline will create fewer than 40 permanent jobs; would pose serious risks to potable water supplies; and would potentially raise energy prices for American consumers, some of our elected officials still believe that the pipeline would be a boon for the United States.

In the last week, the Republican-led efforts to force President Obama to approve the disaster of a plan have reached a fevered pitch. To begin with, to mark the 6th anniversary of the original permit application, every single Republican in the U.S. Senate signed a letter to President Obama demanding that he take action and approve the pipeline.

In the letter, Republican Senator John Hoeven (R-ND) played on the fears of American citizens while trying to force an approval. Hoeven wrote“After more than six years of study, five favorable environmental reviews, numerous polls showing the support of the American people, ISIS and the turmoil in the Middle East, it is way past time we take off the blinders and do what is in the best interest of the United States: approve the Keystone XL pipeline.”   

Not to be outdone, Senate Minority Leader Mitch McConnell made an appeal to the American public (and the dirty energy industry) by making the bold claim that, if Republicans gain control of the Senate in this year’s midterm elections, the Keystone XL pipeline will be one of their top priorities. McConnell claimed, “If we have a new majority next year, and a new majority leader, the Keystone pipeline will be voted on on the floor of the Senate, something the current majority has been avoiding for literally years.”

Even before the anniversary of the application, Senate Republicans were hard at work trying to force the project’s approval. A few days before they sent a letter to the President, Senate Republicans (and a West Virginia Democrat) introduced a bill that would strip the President of his authority to approve pipeline projects, and would limit the review period by the State Department down to 120 days. According to The Hill, the Republican-controlled U.S. House of Representatives passed a similar bill back in June.

Tue, 2014-09-09 05:00Justin Mikulka
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Goldman Sachs Warns Investors About Tar Sands By Rail Challenges While Investing in Tar Sands By Rail

Oil by rail

In 2009, Matt Taibbi wrote a piece in Rolling Stone in which he described the investment bank Goldman Sachs as “a great vampire squid wrapped around the face of humanity, relentlessly jamming its blood funnel into anything that smells like money.” 

Apparently tar sands oil smells like money. And thus the vampire squid has found another target. As Reuters reported on August 29:

A Goldman Sachs-led rail terminal operator, USD Group LLC, announced on Friday plans to form a Master-Limited Partnership this year to trade publicly on the New York Stock Exchange.

This new company will be based around a tar sands rail loading facility in Hardisty, Alberta. That is the same place where the proposed Keystone XL pipeline would begin. USD Group already owns a crude-by-rail terminal in the town, with capacity to load two 120-car unit trains per day.

And with the success of this first phase of development, the company has announced plans to double the capacity of the terminal, which would allow it to load 280,000 barrels per day (bpd). The company has also announced plans to add another 70,000 bpd, which would bring its capacity to 350,000 bpd, or roughly half the proposed capacity of TransCanada’s Keystone XL pipeline.

Mon, 2014-09-01 13:46Steve Horn
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Labor Day News Dump: FERC Hands Enbridge Permit for Tar Sands by Rail Facility

On the Friday before Labor Day — in the form of an age-old “Friday News Dump“ — the Federal Energy Regulatory Commission (FERC) handed a permit to Enbridge, the tar sands-carrying corporate pipeline giant, to open a tar sands-by-rail facility in Flanagan, Ill. by early-2016. 

With the capacity to accept 140,000 barrels of tar sands product per day, the company's rail facility serves as another step in the direction towards Enbridge's quiet creation of a “Keystone XL Clone.” That is, like TransCanada's Keystone Pipeline System sets out to do, sending Alberta's tar sands all the way down to the Gulf of Mexico's refinery row — and perhaps to the global export market.

Flanagan sits as the starting point of Enbridge's Flanagan South pipeline, which will take tar sands diluted bitumen (“dilbit”) from Flanagan to Cushing, Okla. beginning in October, according to a recent company earnings call. From there, Enbridge's Seaway Twin pipeline will bring dilbit to Port Arthur, Texas near the Gulf.

Enbridge made the prospect of a tar sands-by-rail terminal public for the first time during its quarter two investor call.

“In terms of the rail facility, one of the things we're looking at is – and the rail facility is really in relation to the situation in western Canada where there is growing crude oil volumes and not enough pipeline capacity to get it out of Alberta for a two or three year period,” Guy Jarvis, president of liquids pipelines for Enbridge, said on the call.

“So, one of the things we're looking at doing is constructing a rail unloading facility that would allow western Canadian crudes to go by rail to Flanagan, be offloaded, and then flow down the Flanagan South pipeline further into Seaway and to the Gulf.”

FERC has given Enbridge the permit it needs to make that happen.

Sun, 2014-08-31 08:00Steve Horn
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Legal Case: White House Argues Against Considering Climate Change on Energy Projects

Just over a month before the United Nations convenes on September 23 in New York City to discuss climate change and activists gather for a week of action, the Obama White House Council on Environmental Quality (CEQ) argued it does not have to offer guidance to federal agencies it coordinates with to consider climate change impacts for energy decisions.

It came just a few weeks before a leaked draft copy of the Intergovernmental Panel on Climate Change's (IPCC) latest assessment said climate disruption could cause “severe, pervasive and irreversible impacts for people and ecosystems.”

Initially filed as a February 2008 petition to CEQ by the International Center for Technology Assessment, the Sierra Club and the Natural Resources Defense Council (NRDC) when George W. Bush still served as President, it had been stalled for years. 

Six and a half years later and another term into the Obama Administration, however, things have finally moved forward. Or backwards, depending on who you ask. 

NEPA and CEQ

The initial February 2008 legal petition issued by the plaintiffs was rather simple: the White House's Council for Environmental Quality (CEQ) should provide guidance to federal agencies it coordinates with to weigh climate change impacts when utilizing the National Environmental Policy Act (NEPA) on energy policy decisions. 

A legal process completely skirted in recent prominent tar sands pipeline cases by both TransCanada and Enbridge, NEPA is referred to by legal scholars as the “Magna Carta” of environmental law.

Magna Carta; Photo Credit: Wikimedia Commons

CEQ oversees major tenets of environmental, energy and climate policy. It often serves as the final arbiter on many major legislative pushes proposed by Congress and federal agencies much in the same way the White House's Office of Information and Regulatory Affairs (OIRA) does for regulatory policy. 

Wed, 2014-08-27 13:10Steve Horn
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State Dept. Overseers of Contentious Enbridge Tar Sands Pipeline Workaround Have Industry, Torture Ties

The Sierra Club, National Wildlife Federation (NWF) and other green groups recently revealed that pipeline giant Enbridge got U.S. State Department permission in response to its request to construct a U.S.-Canada border-crossing tar sands pipeline without earning an obligatory Presidential Permit.

Enbridge originally applied to the Obama State Department to expand capacity of its Alberta Clipper (now Line 67) pipeline in November 2012, but decided to avoid a “Keystone XL, take two” — or a years-long permitting battle — by creating a complex alternative to move nearly the same amount of diluted bitumen (“dilbit”) across the border.

The move coincides with the upcoming opening for business of Enbridge's “Keystone XL” clone: the combination of the Alberta Clipper expansion (and now its alternative) on-ramp originating in Alberta and heading eventually to Flanagan, Ill., the Flanagan South pipeline running from Flanagan, Ill. to Cushing, Okla. and the Cushing, Okla. to Port Arthur, Texas Seaway Twin pipeline.

Together, the three pieces will do what TransCanada's Keystone XL hopes to do: move dilbit from Alberta's tar sands to Port Arthur's refinery row and, in part, the global export market.

Environmental groups have reacted with indignation to the State Department announcement published in the Federal Register on August 18. The public commenting period remains open until September 17.

Jim Murphy, senior counsel for NWF, referred to it as an “illegal scheme,” while a representative from 350.org says Enbridge has learned from the lessons of its corporate compatriot, TransCanada.

“When we blocked Keystone XL, the fossil fuel industry learned that they have a much stronger hand to play in back rooms than on the streets,” said Jason Kowalski, policy director for 350.org. “They will break the law and wreck our climate if that's what it takes for them to make a buck.”

But as the old adage goes, it takes two to tango. 

That is, influential State Department employees helped Enbridge find a way to smuggle an additional 350,000 barrels of tar sands per day across the border without public hearings or an environmental review. 

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