Keystone Pipeline

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. 

Wed, 2012-06-06 08:36Steve Horn
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TransCanada's Latest Extreme Energy Export Pipelines in the U.S. and Canada

TransCanada was once in the limelight and targeted for its Keystone XL pipeline project. Now, with few eyes watching, it is pushing along two key pipeline projects that would bring two respective forms of what energy geopolitics scholar Michael Klare calls “extreme energy” to lucrative export markets.

Pipeline one: the southern segment of the originally proposed TransCanada Keystone XL tar sands pipeline, popularly referred to as the Cushing Extension, but officially referred to as either the Gulf Coast Project or the Cushing Marketlink pipeline. This pipeline will carry tar sands crude, or “dilbit,” extracted from Alberta, Canada's Athabasca oil sands project southward first to Cushing, Oklahoma, and then to Port Arthur, Texas, where it will be shipped off to global export markets.

While the northern Alberta-to-Cushing segment has been punted until after election season by President Barack Obama's U.S. State Department, the Cushing-Port Arthur segment has been rammed through in a secrective manner by various Obama regulatory agencies, as pointed out recently by Friends of the Earth-U.S. (FOE-U.S.). 

FOE-U.S. explained in a long blog post published on June 5, well worth reading in its entirity,

Thu, 2012-05-03 12:46Steve Horn
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B.C. Protest This Saturday to Stop Warren Buffett's BNSF Coal Trains

Warren Buffett, the third wealthiest man on the planet (net worth: $44 billion), often referred to as the “Oracle of Omaha,” is the target of a May 5 action called for by Stop Coal B.C. Well, not Buffett directly, but a rail company he owns through his massive holding company, Berkshire Hathaway: Burlington Northern Santa Fe (BNSF) Railway.

BNSF Railway is the second largest freight rail company in the United States and the exclusive carrier of thermal coal from coal basins in the northwestern U.S. to docks in British Columbia, where the dirty coal is exported to the global market, primarily to Asia.

The action calls for activists to blockade BNSF's four coal-loaded freight trains from reaching their final destination for the day and in the process, risk arrest. It is part of 350.org's broader “Connect the Dots” event taking place on Saturday, with actions planned throughout the world.

The Stop Coal B.C. call to action reads,

Tue, 2012-03-20 14:03Steve Horn
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Obama Sojourns to "Pipeline Crossroads of the World" for Campaign Speech

It's the multi-pronged fight that never seems to end.

The Alberta Tar Sands have been near the forefront of the North American energy and climate debate, thanks in large part to growing public concern and grassroots efforts like Tar Sands Action, a campaign led by climate activists to block construction of the Keystone XL pipeline.

The temporary derailing of Keystone XL by President Obama - who in January delayed permission to construct the pipeline for the foreseeable future - was labeled a “victory” by many activists. 

But complicating the “victory” narrative, Obama later granted permission to TransCanada Corporation to build the southern segment of the pipeline, the Cushing Extension, sometimes also referred to as the Cushing Marketlink Project, which will run from Cushing, Oklahoma to Port Arthur, Texas

Pandering to Big Oil, Obama will visit Cushing on Thursday, the self-proclaimed “Pipeline Crossroads of the World,” to give a stump speech for his 2012 election campaign.

The Stillwater News Press explained the rationale for the visit this way:

The White House has announced the president will be in Cushing Thursday to discuss his 'all-of-the-above' energy policy…Thursday appears to some locals as an opportune time for Obama, who said he supports the southern leg, to get on board on the northern segment of the 36-inch pipeline from Canada.

CBC News reports that “Obama will make a speech at a storage yard that's holding pipes to be used to build the pipeline.” 

As the old adage goes, “A picture is worth a thousand words.” 

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