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Fri, 2013-05-24 13:30Carol Linnitt
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The Beaver Lake Cree Judgment: The Most Important Tar Sands Case You’ve Never Heard Of

Sure they’re bad for the environment, for human health, and for wildlife, but we rarely stop to wonder if the Alberta tar sands are in fact unconstitutional.

But the constitutional standing of the tar sands – one of the world’s largest and most carbon-intensive energy projects – is just what’s at stake in a treaty rights claim the Beaver Lake Cree Nation (BLCN) is bringing against the Governments of Alberta and Canada in a case that promises to be one of the most significant legal and constitutional challenges to the megaproject seen in Canada to date.

Signaling the high-stakes of the whole dispute, it has taken five years of beleaguered fighting just to have the case go to trial. Canada and Alberta – the defendants – fought tooth and nail during those five years to have the claim dismissed outright, saying the case put forward by the BLCN was “frivolous, improper and an abuse of process.”

Wed, 2013-04-17 10:47Carol Linnitt
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In 5 Minutes This 'Outlaw Hip-Hop Harmonica Player' Takes Down Canada's Climate Criminals

It's not every day you get a self-described “outlaw hip-hop harmonica player” and “beatbox poet” waging a war of words against the masterminds behind the tar sands, oil pipelines and super tankers. But then CR Avery doesn't just live in the every day.

If anything CR Avery is living in the all-too present day of climate disruption, where citizens, students, grannies and punks are uniting against the companies with a vested interest in maintaining the fossil fuel status quo. Enbridge and Kinder Morgan - two companies planning on building new pipelines in B.C. to transport tar sands crude to the Canadian coast - are two of this poet's chosen targets. The risks they pose to neighbourhoods, natural systems and the climate add fuel to the spoken-word fire.

Beautifully crafted and masterfully-filmed by Ethan Miller, this 5 minute short will bring a little passion and clarity back to the cause.

Or as CR says, “With big oil manipulating government's decisions lays firm cause to pause for further inspection…”

Mon, 2013-04-08 17:45Carol Linnitt
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PHOTOS: Mayflower, Arkansas Residents Launch Class Action Lawsuit After Exxon Tar Sands Disaster

Residents of Mayflower, Arkansas, are suing ExxonMobil for damages in a class action lawsuit that is seeking more than $5 million in compensation for property damage.

“This Arkansas class action lawsuit involves the worst crude oil and tar sands spill in Arkansas history,” the lawsuit reads. The filed claim indicates more than 19,000 barrels of oil were spilled.

Both the Attorney General Dustin McDaniel and the US Department of Transportation's Pipeline and Hazardous Material Safety Administration (PHMSA) have indicated investigations into the pipeline rupture are ongoing.

Between 2010 and 2012, pipeline incidents incurred more than $662 million in property damages annually. More than 20 years of PHMSA records indicate levels of pipeline related accidents are consistent - around 250 occur each year - while the cost of those accidents is steadily increasing.

These recently released images show the scope of the damage has grown far beyond the nearby residential street:

Fri, 2013-04-05 15:33Carol Linnitt
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Shell Pipeline Spill Is Fourth Disaster In Bad Week for Keystone XL Promoters

Last Friday, as national attention turned to the massive Exxon Pegasus tar sands pipeline spill in Mayflower, Arkansas, another oil spill was occurring near Houston, Texas. Operators of a Royal Dutch Shell subsidiary's West Columbia pipeline, a 15 mile long, 16 inch diameter line, received warnings from the US National Response Center of a potential 700 barrel release (nearly 30,000 gallons) of crude oil on Friday, March 29.

Yesterday, representatives from the US Coast Guard acknowledged at least 50 barrels of oil had entered Vince Bayou, a waterway connected to the Gulf of Mexico.

On Monday, April 1, Shell spokeswoman Kimberly Windon told Reuters “no evidence” of a crude oil leak had been found. “Right now, we haven't seen anything,” she said at the time. Investigators have since determined at least 60 barrels of the spilled oil had entered the Bayou. It is unclear at this time what kind of crude oil the pipeline carried.

DeSmog contacted Shell Pipelines US media relations department to inquire about the type and size of the spill but did not receive a reply by the time of publication.

Steven Lehman, Coast Guard Petty Officer told Dow Jones, “That's a very early estimate - things can change.”

Wed, 2013-04-03 16:34Carol Linnitt
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Tar Sands Tax Loophole Cost US Oil Spill Fund $48 Million in 2012, Will Cost $400 Million by 2017

A tax loophole exempting tar sands pipeline operators from paying an eight-cent tax per barrel of oil they transport in the US is costing the federal Oil Spill Liability Trust Fund millions of dollars every year. With expected increases in tar sands oil production over the next five years, this loophole may have deprived US citizens of $400-million dollars worth of critical oil-spill protection funds come 2017.

According to a report by the US Natural Resources Committee the federal government pays for immediate oil-spill response from the Liability Trust Fund which is supported by an excise tax on all crude oil and gas products in the US.

But in 2011 the Internal Revenue Service exempted tar sands oil from the tax, saying the substance did not fit the characterization of crude oil.

This exemption has come under scrutiny this week after Exxon Mobil's Pegasus pipeline ruptured in Mayflower, Arkansas, releasing 300,000 litres of tar sands oil and water into a residential neighbourhood and surrounding wetlands. Because the line carried tar sands-derived oil from Alberta, Exxon was exempt from paying into the spill liability fund for the corrosive fuel's potential cleanup.

Tue, 2013-04-02 15:30Carol Linnitt
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Because 'Bitumen is not Oil,' Pipelines Carrying Tar Sands Crude Don't Pay into US Oil Spill Fund

As Think Progress has just reported, a bizarre technicality allowed Exxon Mobil to avoid paying into the federal oil spill fund responsible for cleanup after the company's Pegasus pipeline released 12,000 barrels of tar sands oil and water into the town of Mayflower, Arkansas.

According to a thirty-year-old law in the US, diluted bitumen coming from the Alberta tar sands is not classified as oil, meaning pipeline operators planning to transport the corrosive substance across the US - with proposed pipelines like the Keystone XL - are exempt from paying into the federal Oil Spill Liability Trust Fund.

News that Exxon was spared from contributing the 8-cents-per-barrel fee to the clean-up fund added insult to injury this week as cleanup crews discovered oil-soaked ducks covered in “low-quality Wabasca Heavy Crude from Alberta.” Yesterday officials said 10 live ducks were found covered in oil, as well as a number of oiled ducks already deceased.

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