Keystone XL

Fate of Keystone XL Pipeline Could Be Decided in a Texas Courtroom Before NAFTA Tribunal Considers TransCanada’s Suit

Texas landowner Michael Bishop continues to challenge TransCanada’s right to build the southern route of the Keystone XL pipeline, renamed the Gulf Coast pipeline when the project was divided into segments. Meanwhile, TransCanada is suing the United States for not being granted the presidential permit needed in order to build the Keystone XL's northern route. A win for Bishop in his suit against TransCanada Keystone Pipeline L.P. in Nacogdoches County District Court could complicate TransCanada’s North American Free Trade Agreement (NAFTA) challenge.

Bishop is suing TransCanada for “fraud, conspiracy to commit fraud, misrepresentation, perjury, theft, bribery, and violating plaintiff’s rights as delineated under the Constitution of the State of Texas.” His case alleges TransCanada doesn’t rightfully possess common carrier status, which enabled the company to use eminent domain. 

TransMexico? Keystone XL Owner TransCanada Wins Bid For Underwater Gas Pipeline Across Gulf of Mexico

TransCanada, owner of the proposed Keystone XL pipeline currently being contested in federal court and in front of a North American Free Trade Agreement (NAFTA) legal panel, has won a $2.1 billion joint venture bid with Sempra Energy for a pipeline to shuttle gas obtained from hydraulic fracturing (“fracking”) in Texas' Eagle Ford Shale basin across the Gulf of Mexico and into Mexico.

The 500-mile long Sur de Texas-Tuxpan pipeline, as reported on previously by DeSmog, is part of an extensive pipeline empire TransCanada is building from the U.S. to Mexico. The pipeline network is longer than the currently operating southern leg of the Keystone pipeline (now dubbed the Gulf Coast Pipeline).  Unlike Keystone XL, though, these piecemeal pipeline section bid wins have garnered little media attention or scrutiny beyond the business and financial press. 

After Keystone XL: TransCanada Building North American Fracked Gas Pipeline Empire

Though President Barack Obama and his State Department nixed the northern leg of TransCanada's Keystone XL tar sands pipeline in November, the Canadian pipeline company giant has continued the fight in a federal lawsuit in Houston, claiming the Obama Administration does not have the authority to deny a presidential pipeline permit on the basis claimed that he did.

As the lawsuit and a related North American Free Trade Agreement (NAFTA) challenge proceed — and as Keystone XL has become a campaign talking point for Republican Party presidential candidate Donald Trump — TransCanada has quietly consolidated an ambitious North America-wide fracked gas-carrying pipeline network over the past half year.

Since Keystone XL North got the boot, TransCanada has either won permits or announced business moves in Canada, the United States and Mexico which will vastly expand its pipeline footprint and ability to move gas obtained via hydraulic fracturing (“fracking”) to market.

TransCanada’s Keystone Pipeline Resumes Operations Under Supervision After South Dakota Dilbit Spill

TransCanada received permission from federal regulators to re-start the Keystone Pipeline a week after a 16,800-gallon spill in South Dakota. The pipeline started back up on Sunday morning at a reduced operating pressure.
 
The incident has given ammunition to a group appealing the decision by the South Dakota Public Utility Commission (PUC) to re-certify TransCanada’s permit to build the Keystone XL Pipeline, despite President Obama’s denial of a permit needed to cross international borders. 
 
The PUC reasoned that the next president could decide to issue the permit — a reminder that TransCanada has not given up on building the northern route of the Keystone XL. However, this most recent spill renews questions about the company’s ability to build safe pipelines.
 
When Evan Vokes, a former TransCanada materials engineer-turned-whistleblower, heard about a small spill along the Keystone Pipeline, he guessed that the leak would be found at a transition weld near where the pipeline crossed under a road. Transition welds connect thinner-walled pipe to thicker-walled pipe.

Where Do The Remaining Presidential Candidates Stand On Climate Issues?

We are now officially through half of the United States Presidential election primary and caucus season, and there are currently 5 contenders left in the Republican and Democratic parties vying for their party’s respective nomination. Delegate math shows that Governor John Kasich has no chance to become the Republican nominee, so we’re left with four real candidates to examine.
 
The differences between the candidates of the two major parties could not be greater. On the Democratic side, there are two candidates who proudly embrace science and agree that action on climate issues is sorely needed. On the Republican side, both of the remaining candidates reject the scientific consensus and instead argue that climate change is nothing more than a series of unfortunate weather events.
 
It is important to remember that acceptance of climate science is not necessarily limited to one political party. Recent polls show that majorities of voters within both the Democratic and Republican parties (as well as Independent voters) accept that climate change is real and that human activity is a contributing factor. The discrepancy between the desires of voters and the views of the candidates can best be seen in the contributions from the fossil fuel industry, which will be described in detail later.
 
As for the candidates remaining in the race, only Republican frontrunner Donald Trump lacks a record to verify his statements on climate change. But judging on his statements alone, he will not be a friend to the environment if he secures the nomination and subsequently wins the White House.

Exclusive: Newly Released Inspection Reports on Keystone XL’s Southern Route Fuel Doubt Over ‘Safest Pipeline Ever Built' Claims

TransCanada’s claim that the southern route of the Keystone XL Pipeline is the safest pipeline ever built in the United States is challenged by the release of new documentation confirming multiple code violations.
 
Daily inspection reports on the construction of the pipeline obtained by the Tar Sands Blockade, an activist group, renew questions about the pipeline’s integrity.

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. 

2015 In Review: A Great Year For The Environment

Environmental victories are rare. Even with mounting scientific evidence that reckless human activities are endangering our future, politicians and corporations have continued to run roughshod over the planet, destroying the very home that sustains our lives.

For too long, environmentalists were seen as a small part of a political movement that focused on an issue that most Americans greeted with a yawn. After all, the most damning climate science has emerged at a time when the threat of global terrorism and economic downturns were grabbing all of the headlines.

But 2015 signaled a change for the environmental movement.

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.

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