Alberta

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. 

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.

Wed, 2014-08-13 15:00Ben Jervey
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Fuse to the Carbon Bomb: Keystone XL Much Worse for Climate Than Obama Admin Estimated

Last week, supporters of the Keystone XL pipeline got all worked up about a study that purported to find that the delay in approving the project has actually increased greenhouse gas emissions.

The narrowly-focused study was based on faulty assumptions (that the tar sands would always find a way to market) and cherry-picked data (disregarding entirely any increases emissions that greater access to tar sands crude would create) in order to portray the pipeline project as positive for the climate. The five year or more delay in approving Keystone XL will ultimately increase carbon dioxide emissions by up to 7.4 million tons, argued the American Action Forum, a self-described “center-right policy institute.”

A study released this week by scientists at the Stockholm Environmental Institute shows just how misleading the American Action Forum claims really are. 

If built, the Keystone XL pipeline would flood global oil markets with crude, increase demand, and dump as much as 110 million tons of carbon dioxide equivalent into the atmosphere every year, according to the study published in the journal Nature Climate Change.

This figure is a full four times higher than the State Department estimated in its final environmental review of the project.

The state department had figured that, at most, the pipeline would increase world carbon dioxide emissions by 30 million tons.

“The sole reason for this difference is that we account for the changes in global oil consumption resulting from increasing oil sands production levels, whereas the State Department does not,” wrote study authors Peter Erickson and Michael Lazarus, both scientists with the Stockholm Environment Institute.

The flawed State Department assumption — saying that the pipeline wouldn’t result in increased production of Canadian tar sands — is the same assumption used by the American Action Forum and other Keystone XL proponents when arguing that the oil will find its wa to market one way or another.

However, the oil industry and other energy experts have acknowledged that Keystone XL and other pipeline projects are crucial to the development of Alberta’s tar sands.

Mon, 2014-08-04 12:05Carol Linnitt
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The Oilsands Cancer Story Part 2: Deformed Fish, Dying Muskrats Cause Doctor To Sound Alarm

Robert Grandjambe Jr. Shows DeSmog Sick Fish from Lake Athabasca

This is the second installment of 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 2: Deformed Fish, Dying Muskrats Cause Doctor To Sound Alarm

When Dr. John O’Connor arrived in Fort Chipewyan in 2000, it took him a little while to get familiar with the population.

The town was a bit larger than his previous post of Fort MacKay, with a population of around 1,000 at that time. Locals had few options when it came to medical care. Their town was 300 kilometres north of Fort McMurray and accessible only by plane in the summer or by ice road for a few of the colder months.

O’Connor recognized it was a close-knit community and yet hard to get a foothold in.

You had to be trusted to gain their respect, I guess,” he said.

Most doctors hadn’t established a continuous practice up there, O’Connor said, so the community hadn’t received continuous care by the same medical expert for many years.

What they were looking for was one pair of eyes, one pair of hands. Consistency,” he recounts.

That was one of the reasons why I was approached to provide service. So that made it easier to get to know people and for them to get to know me.”

O’Connor immediately began poring over patient files, piecing together what a series of seasonal doctors had left behind. Patients there felt there was no continuity between what rotating doctors would say about their symptoms.

Mon, 2014-07-21 14:26Justin Mikulka
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Maine Residents Fight American Petroleum Institute Lobbyists Over Ban on Tar Sands Shipments

Portland, Maine, has become the latest battleground in the fight against tar sands oil, with local residents facing off against energy industry forces in an attempt to ban tar sands oil from the city’s port.

The South Portland Clear Skies Ordinance, would ban tar sands oil from being loaded on to ships at the local port. City council will take a final vote on the measure today.

Three weeks ago, about 200 people attended a presentation on the proposed ordinance, many wearing blue “clear skies” t-shirts to show their support. Only three people spoke against the ordinance at that meeting.

But on July 7, when many of the same 200 people in blue t-shirts showed up at the meeting when the city council was set to vote on the ordinance, they were met with a surprise. The meeting room was packed with people in red shirts that read “American Energy” on the front and “SoPo Jobs” on the back.

Wed, 2014-07-02 10:42Carol Linnitt
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PHOTOS: Famed Photographer Alex MacLean’s New Photos of Canada’s Oilsands are Shocking

Alex MacLean, oilsands, keystone xl, tar sands

Alex MacLean is one of America’s most famed and iconic aerial photographers. His perspective on human structures, from bodies sunbathing at the beach to complex, overlapping highway systems, always seems to hint at a larger symbolic meaning hidden in the mundane. By photographing from above, MacLean shows the sequences and patterns of human activity, including the scope of our impact on natural systems. His work reminds us of the law of proximity: the things closest to us are often the hardest to see.

Recently MacLean traveled to the Alberta oilsands in western Canada. There, working with journalist Dan Grossman, MacLean used his unique eye to capture some new and astounding images of one of the world’s largest industrial projects. Their work, funded by the Pulitzer Center on Crisis Reporting, will form part of a larger, forthcoming report for GlobalPost.

DeSmog Canada caught up with MacLean to ask him about his experience photographing one of Canada’s most politicized resources and the source of the proposed Keystone XL and Northern Gateway pipelines.

Wed, 2014-06-25 13:27Steve Horn
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Recent Federal Court Decision Could Muddy Waters for Keystone XL South, Flanagan South

On June 6, the U.S. Court of Appeals for the District of Columbia Circuit handed down a ruling that will serve as important precedent for the ongoing federal legal battles over the Keystone XL and Flanagan South tar sands pipelines.

In the Delaware Riverkeeper v. Federal Energy Regulatory Commission (FERC) case, judges ruled that a continuous pipeline project cannot be segmented into multiple parts to avoid a comprehensive National Environmental Policy Act (NEPA) review. This is what Kinder Morgan proposed and did for its Northeast Upgrade Project.

As reported on DeSmogBlog, the U.S. Army Corps of Engineers did the same thing to streamline permitting for both the southern leg of TransCanada's Keystone XL and Enbridge's Flanagan South. Sierra Club and co-plaintiffs were denied injunctions for both pipelines in October and November 2013, respectively.

Delaware Riverkeeper v. FERC dealt with breaking up a new 40-mile long pipeline upgrade into four segments. For the other two cases, the Army Corps of Engineers shape-shifted the two projects — both hundreds of miles long each — into thousands of “single and complete” projects for permitting purposes.

On the day of the Delaware Riverkeeper v. FERC decision, Sierra Club attorney Doug Hayes submitted the case as supplemental authority for the ongoing Flanagan South case.

On May 5, Hayes also submitted paperwork to appeal the Keystone XL South decision in front of the U.S. Court of Appeals for the Tenth Circuit, which was docketed by the clerk of Ccurt the next day.

Hayes told DeSmogBlog his side will file an opening brief for the appeal on July 30. It seems likely Delaware Riverkeeper v. FERC will be a key part of that appeal.

In a sign of the importance of the outcome for the oil and gas industry, the American Petroleum Institute (APIentered the Sierra Club v. Army Corps of Engineers case on Keystone XL as an intervenor on May 16, represented by corporate law firm Hunton & Williams.

At the federal level, Hunton & Williams lobbies on behalf of Koch Industries, a company with a major stake in tar sands leases and refining.

Thu, 2014-06-05 10:55Steve Horn
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Navy SEAL Commander Behind Bin Laden Killing: Keystone XL Vulnerable To Terrorism

Dave Cooper, Command Master Chief SEAL (Retired) for the Naval Special Warfare Development Group (DEVGRU), has authored a threat assessment concluding TransCanada's Keystone XL tar sands pipeline is potentially at-risk of a terrorism attack. 

In the report, Cooper concluded operational security vulnerabilities for the pipeline have been overlooked by the U.S. government. Cooper —  most famous for overseeing the Abbottabad, Pakistan Osama Bin Laden raid as the commander of Navy SEAL Team Six — wrote the report as a consultant for billionaire Tom Steyer's advocacy group NextGen Climate Action

“The very nature of Keystone XL’s newsworthiness, should it ever be built, increases its attractiveness as a target to terrorists: Keystone XL, aside from being a 'soft' target just like any other pipeline, has a built-in emotional impact that can’t be denied or wished away,” he wrote in the report's introduction.

“That simple fact, a newsworthy proposal that engenders strong passions, should clue in pipeline owners and government officials to the very real possibility of intentional attack.”

For the report, Cooper utilized a “red cell” methodology, parlance for U.S. special operations forces performing pre-mission reconnaissance, using open source data readily available to terrorists on the internet. In so doing, the special operations forces snuff out operational security (“OpSec” in military lingo) weaknesses, which they use as actionable intelligence in defense missions.

In the report, Cooper explained he “designed [the methodology this way] to showcase weaknesses in the current reality by exploiting the same information to which an outside terrorist group would have access.”

Cooper's probe included a due diligence trip out three redacted Great Plains locations*, where Phase I of the Keystone Pipeline System is currently operational (the northern leg of Keystone XL is Phase IV). Going out into the field, Cooper came away shocked by his discoveries.

His findings raise a troubling question: have real Keystone XL terrorism threats been ignored, while non-violent activists have been labeled potential eco-terrorists? Cooper offered his take on this question to DeSmogBlog.

Wed, 2014-04-30 21:55Steve Horn
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Explosive Virginia Train Carried Fracked Bakken Oil, Headed to Potential Export Facility

Platts confirmed CSX Corporation's train that exploded in Lynchburg, Virginia was carrying sweet crude obtained via hydraulic fracturing (“fracking”) in North Dakota's Bakken Shale basin. CSX CEO Michael Ward has also confirmed this to Bloomberg.

“Trade sources said the train was carrying Bakken crude from North Dakota and was headed to Plains All American's terminal in Yorktown,” Platts explained. “The Yorktown facility can unload 130,000 b/d of crude and is located on the site of Plains oil product terminal.”

In January, the U.S. Department of Transportation's Pipeline and Hazardous Materials Safety Administration issued a Safety Alert concluding Bakken crude is more flammable than heavier oils. Hence the term “bomb trains.”

At least 50,000 gallons of the oil headed to Yorktown is now missing, according to ABC 13 in Lynchburg. Some of it has spilled into the James River, as previously reported on DeSmogBlog.

A map available on CSX's website displaying the routes for its crude-by-rail trains offers a clear indication of where the train was headed.


Map Credit: CSX Corporation

Formerly a refinery owned by Standard Oil and then BP/Amoco, Plains All American has turned the Yorktown refinery into a mega holding facility. 

Yorktown may become a key future site for crude oil exports if the ban on exports of oil produced domestically in the U.S. is lifted. 

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