unconventional oil

BNSF Challenges Lawsuit From Engineer Who Ran For His Life From Exploding Oil "Bomb Train"

Burlington Northern Santa Fe (BNSF) has responded defensively to the oil-by-rail lawsuit filed by former BNSF locomotive engineer Bryan Thompson, a case recently reported on by DeSmogBlog.

BNSF — the top rail carrier of oil obtained via hydraulic fracturing (“fracking”) in North Dakota's Bakken Shale basin — denied all charges. The company also argued that some federal laws protect the company from liability for injuries allegedly suffered by Thompson. 

The  Answer to the Complaint signals the likelihood of a protracted legal battle ahead. Lee A. Miller, a Minneapolis, Minnesota-based attorney representing BNSF against Thompson, filed the company's response in Cass County, North Dakota. 

Miller argued that the damages allegedly suffered by Thompson — which include Post-Traumatic Stress Disorder (PTSD) from living through and running away from the December 2013 Casselton, North Dakota oil train explosion — were “caused or contributed to by Plaintiff's own contributory or sole fault.”

He also argued that the explosion occurred due to “unknown causes for which BNSF is not responsible” and “are the result of acts or omissions of persons, entities, or corporations other than BNSF…over whom” they have “no control or right to control at the time of the alleged incident.”

BNSF Responds to Former Engineer Lawsuit
Image Credit: State of North Dakota District Court; East Central Judicial District

Disclosure Fail: Industry Reps Testifying for Denton, Texas Fracking Bill Left Ties Undisclosed

March 24 hearing prior to the passage of a controversial bill out of committee that preempts cities in Texas from regulating hydraulic fracturing (“fracking”) for oil and gas obtained from shale basins, featured numerous witnesses who failed to disclose their industry ties, including some with ties to the Koch brothers

The next day on March 25, Texas Senate Bill 1165 — “Relating to the express preemption of regulation of oil and gas operations and the exclusive jurisdiction of those operations by the state” — passed in the Senate Natural Resources & Economic Development Committee unanimously. Its companion bill, HB 40, also only received a single dissenting vote, and it now advances to a full floor vote in both chambers.  

The legislation is seen by some as part of the multipronged effort to chip away and ultimately defeat the Denton, Texas fracking ban voted on by the city's citizens on Election Day 2014, with another prong being the lawsuits filed against the city.

The March 24 Senate Natural Resources & Economic Development hearing on SB 1165, lasting over four hours, featured a long list of witnesses testifying for and against the bill.

Though everyone testifying in support of it had industry ties, a DeSmogBlog investigation reveals that a few of them did not disclose this when signing up to testify and simply wrote they were testifying as “self.” 

BNSF Engineer Who Manned Exploding North Dakota "Bomb Train" Sues Former Employer

A Burlington Northern Santa Fe (BNSF) employee who worked as a locomotive engineer on the company's oil-by-rail train that exploded in rural Casselton, North Dakota in December 2013 has sued his former employer

Filed in Cass County, the plaintiff Bryan Thompson alleges he “was caused to suffer and continues to suffer severe and permanent injuries and damages,” including but not limited to ongoing Post-Traumatic Stress Disorder (PTSD) issues.

Thompson's attorney, Thomas Flaskamp, told DeSmogBlog he “delayed filing [the lawsuit until now] primarily to get an indication as to the direction of where Mr. Thompson's care and treatment for his PTSD arising out of the incident was heading,” which he says is still being treated by a psychiatrist.

The lawsuit is the first of its kind in the oil-by-rail world, the only time to date that someone working on an exploding oil train has taken legal action against his employer using the Federal Employers' Liability Act.

BNSF Engineer Casselton Lawsuit

Image Credit: State of North Dakota District Court; East Central Judicial District

Industry-Stacked Energy Department Committee: Shale Running Dry, Let's Exploit the Arctic

A report assembled by an industry-centric US Department of Energy committee recommends the nation start exploiting the Arctic due to oil and gas shale basins running dry. 

In the just-submitted report, first obtained by the Associated Press, the DOE's National Petroleum Council — many members of which are oil and gas industry executives — concludes that oil and gas obtained via hydraulic fracturing (“fracking”) will not last beyond the next decade or so, thus the time is ripe to raid the fragile Arctic to feed our fossil fuel addiction. 

The NPC just launched a website and executive summary of the report: Arctic Potential: Realizing the Promise of U.S. Oil and Gas Resources.

Confirming the thesis presented by the Post Carbon Institute in its two reports, “Drill Baby, Drill” and “Drilling Deeper,” the National Petroleum Council believes the shale boom does not have much more than a decade remaining.

The NPC report appears to largely gloss over the role of further fossil fuel dependence on climate change, or the potentially catastrophic consequences of an oil spill in the Arctic.

The first mention of climate change appears to refer to “concern about the future of the culture of the Arctic peoples and the environment in the face of changing climate and increased human activity,” but doesn't mention the role of fossil fuels in driving those changes. Instead, the report immediately pivots to focus on “increasing interest in the Arctic for tourist potential, and reductions in summer ice provide an increasing opportunity for marine traffic.”

ExxonMobil CEO Rex Tillerson, a National Petroleum Council member, chimed in on the study in an interview with the Associated Press.  

“There will come a time when all the resources that are supplying the world's economies today are going to go in decline,” remarked Tillerson. “This is will [sic] be what's needed next. If we start today it'll take 20, 30, 40 years for those to come on.”

The National Petroleum Council also deployed the energy poverty argument, utilized most recently by coal giant Peabody Energy in its “Advanced Energy For Life” public relations campaign, to make its case for Arctic drilling as a replacement for fracking.

“But global demand for oil, which affects prices of gasoline, diesel and other fuels everywhere, is expected to rise steadily in the coming decades — even as alternative energy use blossoms — because hundreds of millions of people are rising from poverty in developing regions and buying more cars, shipping more goods, and flying in airplanes more often,” reads the report. “In order to meet that demand and keep prices from soaring, new sources of oil must be developed, the council argues.”

Purposeful Distraction? Unpacking the Oil Refiners' "Bomb Trains" Lawsuit vs. Warren Buffett's BNSF

On March 13, American Fuel & Petrochemical Manufacturers (AFPM) — the oil refiners' trade association — sued oil-by-rail carrying giant Burlington Northern Santa Fe (BNSF) for allegedly violating its common carrier obligation under federal law. A DeSmogBlog investigation has revealed there may be more to the lawsuit than initially meets the eye.

Filed in the U.S. District Court for the Southern District of Texas, Houston Division, AFPM sued BNSF “for violating its common carrier obligation by imposing a financial penalty” for those carrying oil obtained via hydraulic fracturing (“fracking”) in North Dakota's Bakken Shale basin and other hazardous petroleum products in explosion-prone DOT-111 rail cars.

AFPM's beef centers around the fact that BNSF began imposing a $1,000 surcharge for companies carrying explosive Bakken fracked oil in DOT-111 cars, as opposed to “safer” CPC-1232 cars, at the beginning of 2015.

The Warren Buffett-owned BNSF did so, argues AFPM, illegally and without the authority of the federal government.

“This $1,000 surcharge on certain PHMSA-authorized rail cars breaches BNSF’s common carrier duty to ship hazardous materials under the auspices of PHMSA’s comprehensive regime governing hazardous materials transportation,” wrote AFPM's legal team, featuring a crew of Hogan Lovells attorneys. “Allowing railroads to penalize companies that ship crude oil in federally-authorized rail cars would circumvent PHMSA’s statutory and regulatory process for setting rail car standards for hazardous materials shipments.”

Upon a quick glance, it seems like a fairly straight-forward case of federal law and an intriguing example of an intra-industry dispute. But as recent history has proven, the devil is in the details.

Global Shale Fail: Oil Majors Leaving Fracking Fields Across Europe, Asia

With some analysts predicting the global price of oil to see another drop, many oil majors have deployed their parachutes and jumped from the hydraulic fracturing (“fracking”) projects rapidly nose-diving across the world.

As The Wall Street Journal recently reported, the unconvetional shale oil and gas boom is still predominantly U.S.-centric, likely to remain so for years to come.

“Chevron Corp., Exxon Mobil Corp. and Royal Dutch Shell PLC have packed up nearly all of their hydraulic fracturing wildcatting in Europe, Russia and China,” wrote The Wall Street Journal.

“Chevron halted its last European fracking operations in February when it pulled out of Romania. Shell said it is cutting world-wide shale spending by 30% in places including Turkey, Ukraine and Argentina. Exxon has pulled out of Poland and Hungary, and its German fracking operations are on hold.” 

Though the fracking boom has taken off in the U.S. like no other place on Earth, the U.S. actually possesses less than 10 percent of the world’s estimated shale reserves, according to The Journal.

Despite this resource allotment discrepency, the U.S. Energy Information Administration (EIA) recently revealed that only four countries in the world have produced fracked oil or gas at a commercial-scale: the United States, Canada, China and Argentina.

Global Shale Fail
Image Credit: U.S. Energy Information Administration

Iowa Republican Lawmaker: Rick Perry’s Involvement With Bakken Oil Pipeline “A Bad Idea”

By David Goodner and Steve Horn 

Everyday Iowa voters are less likely to caucus for former Texas governor and potential presidential candidate Rick Perry “because of his involvement” with a controversial oil pipeline proposal, according to an influential state lawmaker who has made eminent domain one of his signature issues in the Iowa House of Representatives.

Politically speaking, I am not sure there is as much upside for him to be involved as there is downside,” Iowa state representative Bobby Kaufmann (R-Wilton) told DeSmogBlog. “People would likely not vote for him for being involved with the pipeline.” 

Last month, DeSmogBlog broke news that Perry’s appointment to the Board of Directors of Energy Transfer Partners (ETP) could cost him support in the Iowa Caucuses. Energy Transfer Partners is a Texas-based company whose subsidiary, Dakota Access, LLC, has petitioned the state of Iowa to build a pipeline to transport up to 575,000 barrels per day of oil obtained from North Dakota's Bakken Shale via hydraulic fracturing (“fracking”)

Kaufmann’s statement to DeSmogBlog marks the first public criticism of Perry on this issue by a sitting Republican lawmaker. It also comes on the heels of Perry’s scheduled March 7 return to Iowa to speak at the Iowa Ag Summit alongside other likely Republican presidential candidates.

Kaufmann’s remarks to DeSmogBlog also come in the aftermath of Iowa’s paper of record, The Des Moines Register, releasing a poll finding that 74 percent of Iowans are opposed to the use of eminent domain to build the pipeline.

I think any presidential candidate’s association with eminent domain could be unhelpful” to them in the Iowa Caucuses, Kaufmann said. 

Sued by Chesapeake Energy for Stealing Trade Secrets, Aubrey McClendon Hires PR Giant Edelman

Chesapeake Energy has sued its former CEO, Aubrey McClendon, for allegedly stealing its trade secrets in the months between his resignation and the formation of his new company, American Energy Partners. To defend itself outside of the courtroom, American Energy Partners has hired Edelmanthe 'world's largest' and often controversial public relations firm.

Filed on February 17 at the District Court of Oklahoma County, Chesapeake's legal complaint alleges McClendon covertly took map-based data owned by the company in the time between resigning from the company and then officially leaving the company in early 2013. Chesapeake also alleges that he then utilized that same confidential data for business and investment decisions at his new startup in deciding which land to purchase for hydraulic fracturing (“fracking”) for oil and gas.

AEP used confidential information and trade secrets stolen by McClendon from Chesapeake as a basis for their decision to acquire certain acreage in the Utica Shale Play,” alleges the lawsuit. “Further, in acquiring this acreage…AEP interfered with Chesapeake's business plans and its negotiations for its own acquisition of acreage in the Utica Shale play.”

Chesapeake Energy alleges that, before taking the data with him, McClendon asked a former company vice president of land, whose name is redacted in the complaint, to optimize and update the data.

Chesapeake Energy v. American Energy Partners Complaint
Image Credit: District Court of Oklahoma County

VIDEO: Young Iowan Questions Rick Perry on Fracked Oil Pipeline Ties at Town Hall Meeting

By David Goodner

When 24-year old Iowa native Kevin Rutledge first heard that former Texas governor and potential Republican Party presidential candidate Rick Perry had been appointed to the Board of Directors of Energy Transfer Partners, which is attempting to build a pipeline carrying oil obtained via hydraulic fracturing (“fracking”) from North Dakota’s Bakken Shale through his home state, he was hopping mad.

So on February 16, Rutledge decided to drive three hours from Des Moines to Sioux City, Iowa and ask Rick Perry face-to-face about his ties to the company during a town hall meeting at Morningside College.

Rutledge is from Ottumwa, Iowa and the proposed route of a new Dakota Access crude oil pipeline would cut right through the heart of the southeast Iowa county where he grew up, potentially impacting his home community with oil spills, polluted waterways, and damaged farmland.

Iowans and Americans are tired of not being listened to because we don’t have millions of dollars to influence politicians,” Rutledge told DeSmogBlog. “I heard about ties between Rick Perry, Iowa Governor [Terry] Branstad, and the Bakken oil pipeline and immediately knew this was an opportunity for me to ask him a question about it and bring this issue into light.”

GOP Activists: Rick Perry's Bakken Oil Pipeline Ties Could Cost Him Iowa Caucus Support

By David Goodner

Former Texas governor Rick Perry's recent appointment to the board of Energy Transfer Partners, a company attempting to build a Bakken oil pipeline through Iowa, could hurt him in the first-in-the-nation Republican Party caucus if he decides to run for president, according to a conservative Iowa Republican activist and a DeSmog analysis of the political landscape.

Energy Transfer Partners (ETP) appointed Perry to its Board of Directors on February 3. ETP is a Texas-based company whose subsidiary corporation, Dakota Access, LLC, has petitioned the state of Iowa to build a pipeline carrying up to 575,000 barrels per day of oil obtained via North Dakota's Bakken Shale basin hydraulic fracturing (“fracking”) fields.  

The news about Perry's board appointment and its tie-in to the Iowa Caucus highlights the complicated terrain the issue will create for some Republicans in Iowa. It is a “political hot potato,” as DeSmog's Steve Horn wrote, and it is possible questions about the pipeline will arise in caucus politics leading up to 2016.  

Permitting plans in Iowa by Energy Transfer Partners and Dakota Access, LLC have sparked resistance from environmental activists and family farmers, the latter of whom often vote Republican, as well as from the libertarian wing of the GOP. Libertarian Republicans are often concerned about property rights and the potential abuse by government of eminent domain laws to confiscate private land for corporate profit.

“If Rick Perry is going to compete in Iowa this year, this could definitely be a big factor that could hurt him,” Jeff Shipley, a young Republican from Fairfield, Iowa, told DeSmogBlog. Shipley is a Republican activist, organizer, and former statehouse candidate for the Iowa GOP who has worked on presidential campaigns and with county and state party leaders for years. His home in Fairfield is located in Jefferson County, one of 18 Iowa counties sitting along the proposed pipeline route.

Jeff Shipley Iowa
Photo Credit: Shipley for Iowa

“This is a for-profit corporation that is going to try and use the force of government to steal farmers property,” Shipley told DeSmogBlog. “That runs contrary to typical conservative values.”


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