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How Enbridge Helped Write Minnesota Pipeline Laws Aiding its Line 3 Battle Today

Alberta Premier Rachel Notley announces Enbridge Line 3 replacement project

By Logan Carroll

The Minnesota section of Enbridge’s Line 3 pipeline accounts for nearly 300 miles of the longest crude oil transport system in the world, and it is failing. The multi-billion-dollar transnational corporation has applied for a permit to replace it. Opposition from tribes in the region and environmental groups is slowing the project, but the process at times appears so tilted in Enbridge’s favor that, watching the court battles and utility commission meetings, it almost feels like Enbridge wrote the rules.

At one point in its application to build the new Line 3, Enbridge listed all the federal and state laws that regulate the permitting and construction of pipelines. Nearly all the Minnesota laws originated in one 1987 Senate bill: S.F. 90.

This bill was accompanied by unprecedented pipeline industry lobbying — led in spending by Enbridge — and included subtle but major handouts to pipeline companies. One such provision imposes a sweeping limit on the public’s ability to oppose new pipelines, including the Line 3 replacement project.

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Government Contractor Monitoring Enbridge’s Atlantic Bridge Gas Project Works Extensively for the Company

Enbridge building

A contractor working for the federal government to monitor construction of Enbridge’s Atlantic Bridge natural gas project works for the company in various other capacities, according to documents DeSmog obtained through an open records request.

Early last year, the Federal Energy Regulatory Commission (FERC) approved the project, which aims to upgrade Enbridge’s natural gas capacity in the Northeast U.S. The Atlantic Bridge project was originally initiated by Spectra Energy, which was purchased by Enbridge last February.

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FERC Allows Conflicted Contractor to Supervise Enbridge’s Atlantic Bridge Gas Project

FERC protest

The Federal Energy Regulatory Commission (FERC) is permitting a contractor with a known conflict of interest to monitor Enbridge’s Atlantic Bride natural gas project. This decision joins a growing list of apparent conflicts of interest involved in the project, as DeSmog has extensively reported.

In an internal FERC memorandum sent this week, FERC’s ethics officer authorized the commission’s Office of Energy Projects to continue using a third-party contractor, Environmental Resources Management (ERM), that had produced the project’s environmental assessment. While the work of such contractors is paid for by the pipeline company, they are considered independent reviewers laboring under the supervision of FERC staff who must vet for possible conflicts of interest.

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TransCanada Cancels Energy East Oilsands Pipeline

TransCanada pipeline

Canadian pipeline company TransCanada announced today it will no longer be proceeding with its proposed Energy East Pipeline and Eastern Mainline projects.

After careful review of changed circumstances, we will be informing the National Energy Board that we will no longer be proceeding with our Energy East and Eastern Mainline applications,” said president and CEO Russ Girling in a statement released Thursday morning.

The $15.7 billion Energy East pipeline planned to transport 1.1 million barrels of oil per day from western Canada’s oilsands to refineries in Quebec and Saint John, New Brunswick, as well as an export terminal in New Brunswick.

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Contractor Reviewing Enbridge Pipeline Misled Michigan About its Other Work for the Company, Documents Suggest

A contractor hired by the state of Michigan to independently review an aging oil pipeline running under the Great Lakes was simultaneously working for the pipeline company, documents obtained by DeSmog suggest. The documents contradict the contractor’s earlier claim that it had effectively stopped working for Enbridge once hired by Michigan.

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While Reviewing Enbridge’s Line 5 for Michigan, Contractor Worked for Same Pipeline Company in Minnesota

Workers remove Enbridge oil pipeline section in Michigan in 2010

A private contractor hired by the state of Michigan to assess an Enbridge oil pipeline running under the Great Lakes was working simultaneously for the company on a related pipeline, a DeSmog investigation has found.

The contractor, Dynamic Risk Assessment Systems Inc., is leading one of two studies commissioned last year by Michigan to provide a risk assessment for Enbridge’s 64-year old Line 5 pipeline, which crosses the Straits of Mackinac where Lake Huron and Lake Michigan meet.

These revelations come two weeks after Michigan terminated the work of the contractor conducting the second study after discovering that one of its team members was working at the same time for Enbridge on a different project.

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How the Koch Machine Quietly Pushed for the Dakota Access Pipeline and Stands to Profit

The Dakota Access pipeline being built in central Iowa

Quietly and behind the scenes, a front group funded by the Koch family fortune has lobbied and advocated for the soon-to-be-operating Dakota Access pipeline, a project in which a Koch subsidiary stands to profit.

A DeSmog investigation reveals that the group, the 60 Plus Association, pushed in recent months for Dakota Access both on the state and federal level. In Iowa, which the pipeline bisects, 60 Plus advocated on the project's behalf in front of the Iowa Utilities Board, which ultimately gave pipeline owner Energy Transfer Partners the permit it needed. And 60 Plus has lobbied for the pipeline nationally as well.

Ultimately, the profits from Dakota Access will be seen by Koch subsidiary Flint Hills Resources. The finding by DeSmog comes just days before Dakota Access will officially open for business.

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What Do Louisiana Pipeline Explosion and Dakota Access Pipeline Have in Common? Phillips 66

The day after the U.S. Army Corps of Engineers gave the owners of the Dakota Access Pipeline (DAPL) the final permit it needed to build its line across Lake Oahe, which connects to the Missouri River, a natural gas liquids pipeline owned by one of the DAPL co-owners exploded and erupted in flames in Paradis, Louisiana.  Paradis is located 22 miles away from New Orleans.

That line, the VP Pipeline/EP Pipeline, was purchased from Chevron in August 2016 by DAPL co-owner Phillips 66. One employee of Phillips 66 is presumed dead as a result of the explosion and two were injured.

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Dakota Access Pipeline Approved a Week After Co-Owner's Pipeline Spilled 600,000 Gallons of Oil in Texas

Oil spill in Blue Ridge, Texas

On January 30, 600,000 gallons (14,285 barrels) of oil spewed out of Enbridge's Seaway Pipeline in Blue Ridge, Texas, the second spill since the pipeline opened for business in mid-2016.

Seaway is half owned by Enbridge and serves as the final leg of a pipeline system DeSmog has called the “Keystone XL Clone,” which carries mostly tar sands extracted from Alberta, Canada, across the U.S. at a rate of 400,000 barrels per day down to the Gulf of Mexico. Enbridge is an equity co-owner of the Dakota Access pipeline, which received its final permit needed from the U.S. Army Corps of Engineers on February 7 to construct the pipeline across the Missouri River and construction has resumed.

The alignment of Native American tribes, environmentalists, and others involved in the fight against Dakota Access have called themselves “water protectors,” rather than “activists,” out of concern that a pipeline spill could contaminate their drinking water source, the Missouri River. 

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Pressure Mounts Against Aging Enbridge Oil and Gas Pipeline Through Great Lakes

Sign in front of Great Lakes protests Enbridge's Line 5 pipeline

Public pressure is mounting to decommission two 63-year-old underwater pipelines that rest in an environmentally sensitive waterway between Lake Michigan and Lake Huron.

About 540,000 barrels of oil and liquid natural gas flow daily through the 20-inch pipelines, called Line 5, which lie in an exposed trench on the public bottomlands of the Mackinac Straits west of the Mackinac Bridge.

Built in 1953, Line 5 is now owned by the Alberta, Canada-based petroleum company Enbridge, Inc. Many fear the aging pipeline is an accident waiting to happen, with recent modeling showing a single oil spill could impact more than 150 miles of coastline.

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