Keystone XL

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. 

Obama’s Secret Anti-Environmental Agenda: Ring Of Fire Features DeSmog On Obama Policies That Fly In The Face Of Climate Legacy

The new Republican majority in the Senate was just a few hours old when Mitch McConnell vowed to pass legislation that would greenlight the Keystone XL tar sands pipeline, despite President Obama’s veto threat.

That’s just one of the many domestic actions that would undermine efforts by the Obama Administration to rein in greenhouse gas emissions and promote clean energy. But the thing is, Obama himself regularly supports policies that are at odds with his purported climate legacy, like the recent news that his administration is quietly allowing oil companies to skirt the crude oil export ban.

An all-star cast of DeSmog experts—including DeSmog Canada managing editor Carol Linnitt, DeSmogBlog executive director Brendan DeMelle and DeSmog contributor Justin Mikulka—recently joined Farron Cousins on Ring of Fire Radio to discuss “Obama’s Secret Anti-Environmental Agenda.” Watch it here:

Obama Vows To Fight For Climate Policies In State Of The Union But What He Didn’t Mention Was Just As Telling

President Barack Obama could not have signaled more clearly in his 2015 State of the Union address that he intends to fight for his legacy on climate change in the face of a hostile, anti-science GOP-led House and Senate.

But it was what the President didn’t mention that could negate his climate legacy: free trade deals like the Trans Pacific Partnership that undermine local efforts to lower emissions, projects like Keystone XL that lock us into decades of continued dirty energy use, and the exporting of American-made coal, crude oil and natural gas to overseas markets.

Which is not to say that every policy position Obama laid out regarding energy and the environment entirely matched his lofty rhetoric about climate change.

DeSmogCAST 7: Obama's Keystone Veto, U.S. Oil Exports and the World's Unburnable Carbon

In this episode of DeSmogCAST our team discusses Obama's recent promise to veto legislation put forward by a Republican-led Congress to expedite construction of the Keystone XL pipeline. While the fate of Keystone remains uncertain, the Obama Administration made changes in the final days of 2014 that now allows for the export of U.S. crude oil. As Justin Mikulka reports, the change doesn't lie in a newly passed bill but rather in a language game used to mask the difference between crude oil and condensate

Finally we take a look at a new study recently published in Nature that analyzes the globe's total carbon reserves and pinpoints those that must remain unburned if we are to stay within the 2 degrees Celsius warming limit recommended by scientists and policy makers. That study highlights the Canadian oilsands and almost all coal reserves in the U.S. as carbon deposits that must remain in the ground in a carbon-constrained future.

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