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, 2014-08-19 12:32Justin Mikulka
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Report Reveals Cost Cutting Measures At Heart Of Lac-Megantic Oil Train Disaster

Today the Transportation Safety Board of Canada (TSB) released its final report on the July 6th, 2013 train derailment in Lac-Megantic, Quebec. The report produced a strong reaction from Keith Stewart, Greenpeace Canada’s Climate and Energy Campaign coordinator.

This report is a searing indictment of Transport Canada’s failure to protect the public from a company that they knew was cutting corners on safety despite the fact that it was carrying increasing amounts of hazardous cargo. This lax approach to safety has allowed the unsafe transport of oil by rail to continue to grow even after the Lac Megantic disaster. It is time for the federal government to finally put community safety ahead of oil and rail company profits or we will see more tragedies, Stewart said.”

Throughout the report there is ample evidence to support Stewart’s position and plenty to show why the people of Lac-Megantic want the CEO of Montreal, Maine & Atlantic Railway (MMA), the rail company responsible for the accident, held accountable in place of the engineer and other low level employees currently facing charges.

At the press conference for the release of the report the TSB representatives often noted that they had found 18 factors that contributed to the actual crash and they were not willing to assign blame to anyone, claiming that wasn’t their role.

But several critical factors stand out and they are the result of MMA putting profits ahead of safety and Transport Canada (TC), the Canadian regulators responsible for overseeing rail safety, failing to do its job.

Mon, 2014-08-18 13:28Chris Rose
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Major Disasters Linked to Extreme Weather, Climate and Water Hazards On the Rise

Recently published data collected by the World Meteorological Organisation shows there were close to five times as many weather- and climate-change-related disasters in the first decade of this century than in the 1970s.

As many as 1.94 million people lost their lives due to these catastrophic weather events between 1970 and 2012, which cost $2.4 trillion US in economic losses, according to the Atlas of Mortality and Economic Losses from Weather, Climate and Water Extremes (1970–2012).

The 44-page atlas, a joint publication of the Geneva-based UN agency WMO and the Centre for Research on the Epidemiology of Disasters (CRED) of the Catholic University of Louvain in Belgium, examined major reported disasters linked to weather, climate and water extremes.

The atlas included 8,835 major disasters in the four decades between 1970 and 2010. The largest increase, however, was between 1971 and 1980 with 743 extreme events and 2001 and 2010 with 3,496 events.

Flooding and storms were the main cause of the disasters in the last decade but the data also shows heat waves are becoming more deadly and more common.

Disasters caused by weather, climate, and water-related hazards are on the rise worldwide. Both industrialized and non-industrialized countries are bearing the burden of repeated floods, droughts, temperature extremes and storms,” WMO Secretary-General Michel Jarraud said in an accompanying media release.

Improved early warning systems and disaster management are helping to prevent loss of life. But the socio-economic impact of disasters is escalating because of their increasing frequency and severity and the growing vulnerability of human societies.”

Sun, 2014-08-17 13:50Carol Linnitt
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The Oilsands Cancer Story Part 3: The Spotlight Turns on Fort Chip Doctor

Fort Chipewyan Cemetery. Fort Chip, located downstream of the oilsands, has higher than average cancer rates.

This is the third installment in a three-part series on Dr. John O'Connor, the family physician to first identify higher-than-average cancer rates and rare forms of cancer in communities downstream of the Alberta oilsands.

Part 3: The Spotlight Turns On Fort Chip Doctor

After the story of Fort Chip’s health problems broke, Health Canada sent physicians out to the small, northern community.

Dr. John O’Connor said one of the Health Canada doctors went into the local nursing station and, in front of a reporter, filled a mug with Fort Chip water and drank from it, saying, ‘See, there’s nothing wrong with it.’

That was such a kick in the face for everyone,” O’Connor said. “Just a complete dismissal of their concerns.”

Health Canada eventually requested the charts of the patients who had died. Six weeks later they announced the findings of a report that concluded cancer rates were no higher in Fort Chip than expected.

For O’Connor, however, the numbers “just didn’t match up.”

Fri, 2014-08-15 17:30Steve Horn
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Investor Call: Enbridge's Keystone XL Clone Opens in October, Rail Facility to Follow

In a recent quarter two call for investors, Enbridge Inc executives said the company's “Keystone XL” clone — the combination of the Flanagan South and Seaway Twin pipelines — will open for business by October.

As previously reported by DeSmogBlog, Enbridge has committed a “silent coup” of sorts, ushering in its own Alberta to Port Arthur, Texas pipeline system “clone” of TransCanada's Keystone XL tar sands pipeline. Unlike Keystone XL's northern leg, however, Enbridge has done so with little debate. 

With the combination of the Alberta Clipper (now called Line 67, currently up for expansion), Flanagan South and Seaway Twin pipelines, Enbridge will soon do what TransCanada has done via its Keystone Pipeline System.

That is, bring Alberta's tar sands to Gulf of Mexico refineries and send it off to the global export market.

According to Guy Jarvis, president of liquids pipelines for Enbridge, even though the Cushing, Oklahoma to Port Arthur, Texas Seaway Twin is technically operational, it will not become functional until Flanagan South opens in October. 

“The base plan had been, and still is, to do the line fill of the Seaway Twin from Flanagan South. So we don't expect to see too much off the Seaway Twin until Flanagan South does go into service,” Jarvis said on the investor call.

“It does have the capability to be line filled at Cushing if the barrels are available and the market signals would suggest that you would want to do that. But at this point in time, we think it will be the base plan that it is filled on from Flanagan South.”

Beyond piping diluted bitumen (“dilbit”) to market, Enbridge also has plans to market dilbit via rail in a big way.

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