Kinder Morgan

Sat, 2014-11-22 00:02Brendan DeMelle
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DeSmogCAST 4: TransCanada's PR Scandal, Gas Industry Revolving Door Report, and B.C.'s Election

This week's episode of DeSmogCAST covers the Edelman TransCanada dirty PR campaign, DeSmogBlog's new report on the gas industry revolving door lobbying push for LNG exports, and the outcome of the BC elections.

Hosted by DeSmogBlog contributor Farron Cousins, the DeSmogCAST guests this week are Emma Gilchrist, Brendan DeMelle and Steve Horn. 

Wed, 2014-11-19 08:00Emma Gilchrist and Carol Linnitt
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Industry-Funded Vivian Krause Uses Classic Dirty PR Tactics to Distract from Canada's Real Energy Debate

Vivian Krause

Vivian Krause has spent years scrutinizing how Canadian environmental groups are funded, claiming she's just asking “fair questions.”

But as the blogger-turned-newspaper-columnist has run rampant with her conspiracy theory that American charitable foundations' support of Canadian environmental groups is nefarious, she has continually avoided seeking a fair answer.

If Krause were seeking a fair answer, she'd quickly learn that both investment dollars and philanthropic dollars cross borders all the time. There isn’t anything special or surprising about environmental groups receiving funding from U.S. foundations that share their goals — especially when the increasingly global nature of environmental challenges, particularly climate change, is taken into consideration.

Despite this common-sense answer, Krause’s strategy has effectively diverted attention away from genuine debate of environmental issues, while simultaneously undermining the important role environmental groups play in Canadian society.

Tue, 2014-11-18 11:33Robyn Allan
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How Trans Mountain Pipeline Delivers Max Profits to U.S. Investors By Avoiding Paying Canadian Taxes

Kinder Morgan Trans Mountain rally on Burnaby Mountain

Kinder Morgan, the Texas-based multinational that owns and operates the Trans Mountain Pipeline System, claims Trans Mountain is a significant contributor to federal and provincial income tax revenues. The company is relying on this as proof it deserves public licence to triple its pipeline capacity in Western Canada.

Pouring tax revenues into Canada is not the story Kinder Morgan tells its U.S.-based shareholders. Promoting Trans Mountain south of the border, Kinder Morgan boasts of tax refunds — two in the past five years. From 2009 to 2013, Trans Mountain's combined federal and provincial Canadian corporate tax contribution averaged just $1.5 million per year.

How could this be? The answer lies in complexities of U.S. corporate tax regulation which I will do my best to explain here.

Sat, 2014-11-15 15:53Erin Flegg
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Meet the Kid Who Chained Himself to the Kinder Morgan Vehicle to Protest the Trans Mountain Pipeline

Jakub Markiewicz, self portrait, kinder morgan, trans mountain pipeline expansion, burnaby mountain

On Friday, community members from across Vancouver converged on Burnaby Mountain, the site of conflict surrounding the Kinder Morgan Trans Mountain pipeline expansion, after the B.C. Supreme Court approved an injunction to remove a group of protesters, who call themselves the Caretakers of Burnaby Mountain, by Monday at 4 p.m. This article takes an in-depth look at Jakub Markiewicz, an artist, filmmaker and the youngest member of the Caretakers, who recently made headlines after chaining himself to a Kinder Morgan vehicle.

Living in the city, amidst streetlights and headlights and shop signs left on all night, it’s easy to forget just how dark the night can be. Burnaby Mountain isn’t far from its namesake city, or downtown Vancouver for that matter, but by the time six o’clock rolls around (thank you, daylight savings), the darkness feels like a vacuum. The moon, one day past full, is barely enough for me to see where I’m putting my feet in the wet grass.

“After a few nights of not using a headlamp, your eyes really do adjust to the darkness,” Jakub Markiewicz tells me, perched on a boulder the evening of Nov. 7.
Wed, 2014-11-12 18:52Emma Gilchrist and Carol Linnitt
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Convenient Conspiracy: How Vivian Krause Became the Poster Child for Canada’s Anti-Environment Crusade

Vivian Krause The Province

Today Vivian Krause published an opinion piece in The Province claiming “a vote for Vision is a vote for U.S. oil interests.” So, you might be wondering: just who is Vivian Krause? We’re so glad you asked…

An essential component of all public relations campaigns is having the right messenger— a credible, impassioned champion of your cause.

While many PR pushes fail to get off the ground, those that really catch on — the ones that gain political attention and result in debates and senate inquiries — almost always have precisely the right poster child.

And in the federal government and oil industry’s plight to discredit environmental groups, the perfect poster child just so happens to be Vivian Krause.

Mon, 2014-11-03 13:14Emma Gilchrist
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Energy Executive Quits Trans Mountain Pipeline Review, Calls NEB Process A ‘Public Deception'

Marc Eliesen

An energy executive is weighing in on the federal review of Kinder Morgan’s Trans Mountain oil pipeline expansion with a scathing letter that calls the National Energy Board’s review process “fraudulent” and a “public deception” — and calls for the province of British Columbia to undertake its own environmental assessment.

Marc Eliesen — who has 40 years of executive experience in the energy sector, including as a board member at Suncor — writes in his letter to the National Energy Board that the process is jury-rigged with a “pre-determined outcome.”

Eliesen is the former CEO of BC Hydro, former chair of Manitoba Hydro and has served as a deputy minister in seven different federal and provincial governments.

In his letter, Eliesen tells the National Energy Board (NEB) that he offered his expertise as an intervenor in good faith that his time would be well spent in evaluation Trans Mountain’s proposal.

Unfortunately, I have come to the conclusion that the board, through its decisions, is engaged in a public deception,” Eliesen writes. “Continued involvement with this process is a waste of time and effort, and represents a disservice to the public interest because it endorses a fraudulent process.”

Sun, 2014-07-27 09:00Mike Gaworecki
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New Mexico Residents Fighting Back Against Kinder Morgan CO2 Pipeline With Their Own Health Impact Assessment

Not many locals even knew the Bureau of Land Management was holding a scoping meeting in Mountainair, New Mexico last December for the proposed Lobos CO2 Pipeline that would run through their community.

When the people of Mountainair did find out about what was proposed that day, many had concerns. BLM officials had laid out the route preferred by Kinder Morgan, which aims to build the 213-mile-long pipeline to get CO2 from Apache County, Arizona to Torrance County, New Mexico. From there, the Lobos CO2 pipeline would connect with the Cortez pipeline to deliver CO2 to oil wells in Texas. The route crosses tribal, private, state, and federal lands.

That’s when the locals started organizing themselves under the name Resistiendo: Resist the Lobos CO2 Pipeline. They networked with other concerned folks in the region, they packed a public information meeting in January, they submitted hundreds of comments pointing out a number of issues with the route: it would disrupt a sensitive desert ecosystem; a spill in the Rio Grande River would be disastrous for silvery minnow populations; it could impact nearby Native American cultural sites, including Salinas Pueblo Missions National Monument; it crossed agricultural lands; in some cases, the route proposed by the company passed within just 100 feet of people’s homes.

Kinder Morgan wasn’t making any friends by throwing around threats to use eminent domain against landowners who refused to let the company’s workers survey their land. And many locals felt the BLM was not on their side.

“It felt like the BLM were advocates for Kinder Morgan, that this was a done deal and just the particulars needed to be worked out,” says Linda Filippi, who works with Resistiendo.

Local activists were forced to find another way of making their voices heard. Together with the Partnership for a Healthy Torrance Community and the New Mexico Department of Health, the group is working with an outside firm, Human Impact Partners of Oakland, California, to perform their own Health Impact Assessment (HIA) as a supplement to the BLM’s environmental impact statement (EIS).

Local activists conducting their own health assessment on a project that will impact their community is a novel but potentially effective way of reclaiming, at least in part, a review process that often favors polluter interests over people and planet.

Tue, 2014-07-15 15:09Emma Gilchrist
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Decision on Kinder Morgan's Trans Mountain Oil Pipeline Delayed Until After Next Federal Election

Kinder Morgan pipeline protest

Canada's National Energy Board (NEB) announced today that it is stopping the clock on the review of Kinder Morgan’s Trans Mountain oil pipeline expansion due to the company’s new proposed corridor through Burnaby, B.C. — which will push a decision on the project back to after the 2015 federal election.

The board will take a seven-month timeout from its 15-month timeline between July 11, 2014, and Februrary 3, 2015, to allow Kinder Morgan time to file studies for its new corridor through Burnaby Mountain, according to a letter to intervenors sent today.

That pushes the board’s deadline to file its report on the project with cabinet back seven months from July 2, 2015, to Jan. 25, 2016.

The significant thing is that this decision now won’t be made until after the next federal election. It’ll be up to the next Prime Minister to make that call,” says Karen Campbell, staff lawyer with Ecojustice.

From a campaign perspective, it certainly gives some wind in the sails of those who want to make sure this isn’t a fait accompli before the next election,” she says.

Wed, 2014-07-09 09:32Guest
Guest's picture

The Fish Are Fine, Kinder Morgan Says

Chinook salmon

Ecojustice lawyers were among the many to file motions to the National Energy Board late last week regarding Kinder Morgan’s poor and non-existent responses to questions posed to it by intervenors. And while we were generally disappointed by Kinder Morgan’s evasive approach, we were shocked at one reply in particular.

When asked whether there is any evidence from cold water oil spills to suggest marine fish are impacted, Kinder Morgan’s response was that: “Harm to marine fish populations seems to be the exception, rather than the rule, following marine oil spills.”

That’s right   Kinder Morgan’s view is that when oil is spilled in water, there is little harm to fish, and it is more likely the fish will be just fine.

The motion Ecojustice lawyers filed on behalf of our clients, Living Oceans Society and Raincoast Conservation Foundation, asks the Board to order Kinder Morgan to fully respond to our clients’ first round of information requests about the Trans Mountain Expansion Project.

Kinder Morgan received more than 10,000 questions from intervenors. As we wrote last month, the company asked for an extension of the time limit to respond, but got only 14 of the 23 days they asked for. Our clients supported the request, in the interest of allowing Kinder Morgan time to provide as much information as possible.

Kinder Morgan's slippery responses

But now that the responses are in, we wonder whether the extra nine days would have made a difference. Responses from the company have ranged from vague to incomplete to non-existent. In short The information provided by Kinder Morgan is not nearly good enough. Of the 253 responses our clients received from the company, at least 77 – approximately 30 per cent – were inadequate. 

In 20 responses, Kinder Morgan refused to answer the question in whole or in part, by:

  • Claiming it was “not relevant” to the review (including the record of leaks and ruptures on Kinder Morgan’s other pipeline systems, and the make and model of clean-up equipment); or
  • Stating that it did not have the information (including air monitoring information), because the data do not exist, because the answer was not in the documents they relied on in the application, or because they had not done the necessary work to answer.

In five responses, Kinder Morgan gave a response which only partially answered the question or provided an answer but not the supporting data requested.

In the remainder of the responses, Kinder Morgan simply didn’t answer the questions it was asked. Here’s a snapshot of the ways the company answered questions with non-answers:

  • Cited a large document or report rather than provide an clear answer;
  • Referred to a document that did not contain any answer to the question; 
  • Said it would file an answer later; or
  • Cited a legal standard rather than address facts. 

As we mentioned above, when our clients asked if there was evidence from cold water oil spills, beyond evidence from the Exxon Valdez oil spill, of marine fish communities or habitat being impacted for more than two years after a spill, this was Kinder Morgan’s response: “Harm to marine fish populations seems to be the exception, rather than the rule, following marine oil spills.” 

In support of that mystifying non-answer, Kinder Morgan cited a 264-page report from Enbridge’s reply evidence in the Northern Gateway pipeline hearings. 

We’ve written about how, in the wake of the 2012 omnibus budget bill, reviews of major pipeline projects have been scaled back dramatically, sacrificing good science and process for “efficiency.” The Kinder Morgan Trans Mountain Expansion Project hearing, with its 15-month time limit and lack of oral cross-examination, is a prime example of how this shift is deeply problematic. 

We are now halfway through the two rounds of intervenor information requests, which are intervenors’ only chance to ask Kinder Morgan questions about its 15,000-page application. Our clients are increasingly worried that they will be unable to meaningfully challenge Kinder Morgan’s evidence, particularly given its evasive approach to our information requests. 

But as for the fish, according to Kinder Morgan, they will be just fine.

- See more at: http://www.ecojustice.ca/blog/the-fish-are-fine-kinder-morgan-says#sthas...

Ecojustice lawyers were among the many to file motions to the National Energy Board late last week regarding Kinder Morgan’s poor and non-existent responses to questions posed to it by intervenors. And while we were generally disappointed by Kinder Morgan’s evasive approach, we were shocked at one reply in particular.

When asked whether there is any evidence from cold water oil spills to suggest marine fish are impacted, Kinder Morgan’s response was that: “Harm to marine fish populations seems to be the exception, rather than the rule, following marine oil spills.”

That’s right   Kinder Morgan’s view is that when oil is spilled in water, there is little harm to fish, and it is more likely the fish will be just fine.

The motion Ecojustice lawyers filed on behalf of our clients, Living Oceans Society and Raincoast Conservation Foundation, asks the Board to order Kinder Morgan to fully respond to our clients’ first round of information requests about the Trans Mountain Expansion Project.

Kinder Morgan received more than 10,000 questions from intervenors. As we wrote last month, the company asked for an extension of the time limit to respond, but got only 14 of the 23 days they asked for. Our clients supported the request, in the interest of allowing Kinder Morgan time to provide as much information as possible.

Kinder Morgan's slippery responses

But now that the responses are in, we wonder whether the extra nine days would have made a difference. Responses from the company have ranged from vague to incomplete to non-existent. In short The information provided by Kinder Morgan is not nearly good enough. Of the 253 responses our clients received from the company, at least 77 – approximately 30 per cent – were inadequate. 

In 20 responses, Kinder Morgan refused to answer the question in whole or in part, by:

  • Claiming it was “not relevant” to the review (including the record of leaks and ruptures on Kinder Morgan’s other pipeline systems, and the make and model of clean-up equipment); or
  • Stating that it did not have the information (including air monitoring information), because the data do not exist, because the answer was not in the documents they relied on in the application, or because they had not done the necessary work to answer.

In five responses, Kinder Morgan gave a response which only partially answered the question or provided an answer but not the supporting data requested.

In the remainder of the responses, Kinder Morgan simply didn’t answer the questions it was asked. Here’s a snapshot of the ways the company answered questions with non-answers:

  • Cited a large document or report rather than provide an clear answer;
  • Referred to a document that did not contain any answer to the question; 
  • Said it would file an answer later; or
  • Cited a legal standard rather than address facts. 

As we mentioned above, when our clients asked if there was evidence from cold water oil spills, beyond evidence from the Exxon Valdez oil spill, of marine fish communities or habitat being impacted for more than two years after a spill, this was Kinder Morgan’s response: “Harm to marine fish populations seems to be the exception, rather than the rule, following marine oil spills.” 

In support of that mystifying non-answer, Kinder Morgan cited a 264-page report from Enbridge’s reply evidence in the Northern Gateway pipeline hearings. 

We’ve written about how, in the wake of the 2012 omnibus budget bill, reviews of major pipeline projects have been scaled back dramatically, sacrificing good science and process for “efficiency.” The Kinder Morgan Trans Mountain Expansion Project hearing, with its 15-month time limit and lack of oral cross-examination, is a prime example of how this shift is deeply problematic. 

We are now halfway through the two rounds of intervenor information requests, which are intervenors’ only chance to ask Kinder Morgan questions about its 15,000-page application. Our clients are increasingly worried that they will be unable to meaningfully challenge Kinder Morgan’s evidence, particularly given its evasive approach to our information requests. 

But as for the fish, according to Kinder Morgan, they will be just fine.

- See more at: http://www.ecojustice.ca/blog/the-fish-are-fine-kinder-morgan-says#sthas...
Dyna Tuytel, staff lawyer

This is a guest post by Ecojustice staff lawyer Dyna Tuytel.

Ecojustice lawyers were among the many to file motions to the National Energy Board late last week regarding Kinder Morgan’s poor and non-existent responses to questions posed to it by intervenors. And while we were generally disappointed by Kinder Morgan’s evasive approach, we were shocked at one reply in particular.

When asked whether there is any evidence from cold water oil spills to suggest marine fish are impacted, Kinder Morgan’s response was that: “Harm to marine fish populations seems to be the exception, rather than the rule, following marine oil spills.”

That’s right — Kinder Morgan’s view is that when oil is spilled in water, there is little harm to fish, and it is more likely the fish will be just fine.

Fri, 2014-07-04 15:13Emma Gilchrist
Emma Gilchrist's picture

B.C. Government Calls on NEB to Compel Kinder Morgan to Answer Oil Spill Questions

oil tanker

The province of British Columbia has filed a motion with the National Energy Board (NEB) to compel pipeline company Kinder Morgan to answer the province’s questions on its Trans Mountain expansion project.

In the motion, the province argues the company has failed to supply adequate answers to dozens of questions on issues such as oil spill response. A 41-page chart submitted to the NEB by the province outlines all of the instances in which Kinder Morgan did not adequately answer its questions.

For instance, Kinder Morgan declined to provide a copy of its emergency response program documents to the province — after promising to do so upon request to “any member of the public” in its application — on the basis that they contain information of a confidential and sensitive nature. 

In another instance, the province requested a detailed report on Western Canada Marine Response Corporation’s (WCMRC) ability to respond to a worst-case scenario oil spill. Kinder Morgan responded by telling the province to go ask the marine oil spill responder for that information themselves.

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