Hunton & Williams

Tue, 2014-08-19 15:40Steve Horn
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Court: Key Environmental Law Doesn't Apply to Part of Enbridge Keystone XL "Clone"

Keystone XL Clone Flanagan South

A U.S. District Court for the District of Columbia has ruled that Enbridge’s 600-mile-long Flanagan South Pipeline, a Keystone XL “clone,” is legally cleared to proceed opening for business in October

Approved by the U.S. Army Corps of Engineers via a controversial regulatory mechanism called Nationwide Permit 12 (NWP 12), Judge Kentanji Brown Jackson, an Obama-appointed judge, ruled NWP 12 was not a federal government “action.” Thus, Brown posited that Enbridge did not need to use the National Environmental Policy Act (NEPA) regulatory process and NWP 12 was up to snuff.

The case pitted the Sierra Club and the National Wildlife Federation (NWF) against the Army Corps of Engineers and Enbridge and has lasted for just over a year, with the initial complaint filed on August 13, 2013 (Case #: 1:13-cv-01239-KBJ). 

Sierra Club and NWF submitted the recent precedent-setting Delaware Riverkeeper v. Federal Energy Regulatory Commission (FERC) case as supplemental authority for Sierra Club v. U.S. Army Corps of Engineers on the day that decision was handed down. 

But Jackson brushed it aside, saying it doesn't apply to Flanagan South, despite the fact that the Delaware Riverkeeper v. FERC decision said that a continuous pipeline project cannot be segmented into multiple parts to avoid a comprehensive NEPA review.

Although Enbridge will operate this project as a single pipeline, Flanagan South was broken up into thousands of “single and complete” projects by the Army Corps of Engineers. This helped Enbridge skirt the requirement of a more comprehensive and public-facing NEPA review, which involves public hearings and a public comment period.

“Here, not only was there no NEPA analysis of this massive project, there was never any public notice or opportunity for involvement before it was constructed across four states,” Sierra Club attorney for the case, Doug Hayes, told DeSmogBlog. “The entire thing was permitted behind closed doors.”

For all intents and purposes, then, Flanagan South is a fait accompli and tar sands diluted bitumen (“dilbit”) will begin pumping through it as summer turns to fall. 

Tue, 2011-02-22 13:11TJ Scolnick
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Are Climate Deniers and Front Groups Polluting Online Conversation With Denier-Bots?

There appears to be an increasingly sophisticated and planned effort by conservatives and polluter front groups to use “persona management” software to pollute social media outlets and website comment forums with auto-generated sockpuppet swarms designed to mislead and misrepresent real people.

Leaked emails from Aaron Barr, CEO of a federal subsidiary for HB Gary, disclose the latest efforts and technology used underhandedly for “ganging up on bloggers, commenters and otherwise ‘real’ people to smear enemies and distort the truth.”

This phenomenon was first reported by Happy Rockefeller over at Daily Kos.

ClimateProgress is following this issue, particularly when it comes to the online discussion about climate change, noting that readers joke about pre-programmed ‘denier-bots’ and “how the same arguments and phrasings keep cropping up in the comments’ section of the many unmoderated news sites on the web.”

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