Keystone XL

TransCanada Keystone XL Hits New Turbulence As South Dakota Permit Hearing Implodes Over Pipeline Corrosion, Market Demand

Keystone corrosion TransCanada root cause report

Holes too big to fix were poked in TransCanada’s narrative that its Keystone XL tar sands pipeline will be the safest pipeline ever built. And questions were raised about how the pipeline company’s financial dealings are set up during Public Utilities Commission hearings in Pierre, South Dakota this week where state regulators are tasked to decide if the company is capable of following the rules the state set when the original Keystone pipeline permit was granted in 2010.

A team of lawyers representing Native American tribes and the grassroots group Dakota Rural Action took the upper hand during the proceedings as they tried to have a TransCanada executive’s testimony impeached. The proceedings took on a circus-like atmosphere when TransCanada was unable to prevent lines of questioning it didn’t like. 

Evidence Released at TransCanada’s Keystone XL Permit Renewal Hearing Sheds Light On Serious Pipeline Risks

Keystone XL protest by Doug Grandt

Just because TransCanada continually states that the Keystone XL pipeline will be the safest pipeline ever built, doesn’t mean it is true.

The company’s pipeline construction record is facing intense scrutiny in America’s heartland, where many see no justifiable rationale to risk their water and agricultural lands for a tar sands export pipeline.

New documents submitted as evidence in the Keystone XL permitting process in South Dakota — including one published here on DeSmog for the first time publicly — paint a troubling picture of the company’s shoddy construction mishaps. This document, produced by TransCanada and signed by two company executives, details the results of its investigation into the “root cause” of the corrosion problems discovered on the Keystone pipeline.

FBI Advisory: Oil Trains At Risk of "Extremist" Attack, But Lacks "Specific Information" To Verify

A documentmarked “Confidential” and published a year ago today, on July 18, 2014, by the Federal Bureau of Investigation (FBI) concluded that “environmental extremists” could target oil-by-rail routes, as first reported on by McClatchyBut the Bureau also concedes upfront that it lacks “specific information” verifying this hunch.

Rail industry lobbying groups published the one-page FBI Private Sector Advisory as an exhibit to a jointly-submitted August 2014 comment sent to the U.S. Department of Transportation's (DOT), which has proposed “bomb trains” regulations currently under review by the White House Office of Information and Regulatory Affairs (OIRA)

Appeals Court Rules Keystone XL South Approval Was Legal, Lifting Cloud Over TransCanada

In a 3-0 vote, the U.S. Appeals Court for the Tenth Circuit has ruled that the southern leg of TransCanada's Keystone XL pipeline was permitted in a lawful manner by the U.S. Army Corps of Engineers. 

Keystone XL South was approved via a controversial Army Corps Nationwide Permit 12 and an accompanying March 2012 Executive Order from President Barack Obama. The pipeline, open for business since January 2014, will now carry tar sands crude from Cushing, Oklahoma to Port Arthur, Texas without the cloud of the legal challenge hanging over its head since 2012.

TransCanada's Keystone Pipeline Network Under Investigation by Federal Regulators

A month after revealing that TransCanada is under a compliance review for the Keystone 1 Pipeline, the Pipeline Hazardous Materials Safety Administration (PHMSA) disclosed it is also investigating the operations of Keystone XL's southern route, renamed the Gulf Coast Pipeline when the project was split in half.

New Report Warns of West Coast Tar Sands Oil Invasion

The West Coast of the United States and Canada is facing an imminent tar sands oil invasion, according to a new report from the Natural Resources Defense Council (NRDC).

“The West Coast is about to fall victim to a tar sands invasion, unless our leaders choose to protect the health and safety of our communities and say no to Big Oil,” said Anthony Swift, deputy director of NRDC's Canada Project. “At a time when the nation is moving toward a clean energy future, there is no reason to welcome the dirtiest oil on the planet into our communities.”

While the West Coast is not currently the destination for much tar sands oil, the area’s heavy oil refining capacity and deepwater port access make it a likely destination for large amounts of Canadian tar sands oil in the future.

The Canadian Association of Petroleum Producers (CAPP) forecasts that tar sands supply will increase from 2.4 million barrels per day (bpd) in 2013 to 6.2 million bpd by 2030. To achieve those volumes, a significant portion of that oil would have to go to the West Coast by a combination of pipelines, rail and tanker.

Emails: How State Department Secretly Approved Expanding Piece of Enbridge's "Keystone XL Clone"

State Department Enbridge Emails

DeSmogBlog has obtained dozens of emails that lend an inside view of how the U.S. State Department secretly handed Enbridge a permit to expand the capacity of its U.S.-Canada border-crossing Alberta Clipper pipeline, which carries tar sands diluted bitumen (“dilbit”) from Alberta to midwest markets. 

The State Department submitted the emails into the record in the ongoing case filed against the Department by the Sierra Club and other environmental groups in the U.S. District Court for the District of Minnesota. Collectively, the emails show that upper-level State Department officials hastened the review process on behalf of Enbridge for its proposed Alberta Clipper expansion plan, now rebranded Line 67, and did not inform the public about it until it published its final approval decision in the Federal Register in August 2014.

According to a March 17, 2014 memo initially marked “confidential,” Enbridge's legal counsel at Steptoe & Johnson, David Coburn, began regular communications with the State Department on what the environmental groups have dubbed an “illegal scheme” beginning in at least January 2014. 

Enbridge State Department Emails
Image Credit: U.S. District Court for the District of Minnesota

Environmental groups have coined the approval process an “illegal scheme” because the State Department allowed Enbridge to usurp the conventional presidential permit process for cross-border pipelines, as well as the standard National Environmental Policy Act (NEPA) process, which allows for public comments and public hearings of the sort seen for TransCanada's Keystone XL pipeline.

Further, the scheme is a complex one involving Enbridge's choice to add pressure pump stations on both sides of the border to two pipelines, Enbridge Line 3 and Enbridge Line 67, to avoid fitting under the legal umbrella of a “cross-border” pipeline.

Hastening the approval process — and thus dodging both the conventional presidential permit and NEPA process — came up in a June 6, 2014 memo written by Coburn and his Steptoe co-counsel Josh Runyan. Enbridge's legal argument centered around ensuring profits for its customers “consistent with its obligations as a common carrier.”

State Department Enbridge Emails
Image Credit: U.S. District Court for the District of Minnesota

The Keystone XL Distraction: Industry Has Built 11,600 Miles of Oil Pipeline With Little Public Resistance

Every good magician knows that the key to success is misdirecting the audience. You have to draw everyone’s attention away from your ultimate goal in order to perform the trick. Politics is no different, and one of the greatest misdirections in recent memory has been pulled off by the fossil fuel industry.

While most of the environmental movement was (rightfully) focusing attention on stopping the Keystone XL tar sands export pipeline from crossing over one of the most vital aquifers in the U.S., the dirty energy industry was quietly building a network of smaller pipelines all over North America.

In recent months, more than 11,600 miles of oil pipelines have been laid in states all over America. Some of these pipelines are located just a few miles away from proposed stretches of the Keystone XL.

The Huffington Post explains the industry’s misdirection technique:

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.

DeSmogCAST 10: California Fracking Waste, Keystone Climate Impacts and Energy East Pipeline

In this episode of DeSmogCAST our team discusses an ongoing investigation into hundreds of aquifers in California that may have been contaminated with fracking waste. 
 
We also discuss a letter submitted by the U.S. Environmental Protection Agency (EPA) to the State Department which gives new weight to concerns the proposed $8 billion Keystone XL pipeline, destined to carry crude from the Alberta oilsands to export facilities along the Gulf of Mexico, will have significant climate impacts.
 
Finally we discuss the Energy East pipeline, a massive project currently proposed by TransCanada, the same company behind Keystone. 

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