Kinder Morgan

Sun, 2014-07-27 09:00Mike G
Mike G's picture

New Mexico Residents Fighting Back Against Kinder Morgan CO2 Pipeline With Their Own Health Impact Assessment

Not many locals even knew the Bureau of Land Management was holding a scoping meeting in Mountainair, New Mexico last December for the proposed Lobos CO2 Pipeline that would run through their community.

When the people of Mountainair did find out about what was proposed that day, many had concerns. BLM officials had laid out the route preferred by Kinder Morgan, which aims to build the 213-mile-long pipeline to get CO2 from Apache County, Arizona to Torrance County, New Mexico. From there, the Lobos CO2 pipeline would connect with the Cortez pipeline to deliver CO2 to oil wells in Texas. The route crosses tribal, private, state, and federal lands.

That’s when the locals started organizing themselves under the name Resistiendo: Resist the Lobos CO2 Pipeline. They networked with other concerned folks in the region, they packed a public information meeting in January, they submitted hundreds of comments pointing out a number of issues with the route: it would disrupt a sensitive desert ecosystem; a spill in the Rio Grande River would be disastrous for silvery minnow populations; it could impact nearby Native American cultural sites, including Salinas Pueblo Missions National Monument; it crossed agricultural lands; in some cases, the route proposed by the company passed within just 100 feet of people’s homes.

Kinder Morgan wasn’t making any friends by throwing around threats to use eminent domain against landowners who refused to let the company’s workers survey their land. And many locals felt the BLM was not on their side.

“It felt like the BLM were advocates for Kinder Morgan, that this was a done deal and just the particulars needed to be worked out,” says Linda Filippi, who works with Resistiendo.

Local activists were forced to find another way of making their voices heard. Together with the Partnership for a Healthy Torrance Community and the New Mexico Department of Health, the group is working with an outside firm, Human Impact Partners of Oakland, California, to perform their own Health Impact Assessment (HIA) as a supplement to the BLM’s environmental impact statement (EIS).

Local activists conducting their own health assessment on a project that will impact their community is a novel but potentially effective way of reclaiming, at least in part, a review process that often favors polluter interests over people and planet.

Tue, 2014-07-15 15:09Emma Gilchrist
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Decision on Kinder Morgan's Trans Mountain Oil Pipeline Delayed Until After Next Federal Election

Kinder Morgan pipeline protest

Canada's National Energy Board (NEB) announced today that it is stopping the clock on the review of Kinder Morgan’s Trans Mountain oil pipeline expansion due to the company’s new proposed corridor through Burnaby, B.C.— which will push a decision on the project back to after the 2015 federal election.

The board will take a seven-month timeout from its 15-month timeline between July 11, 2014, and Februrary 3, 2015, to allow Kinder Morgan time to file studies for its new corridor through Burnaby Mountain, according to a letter to intervenors sent today.

That pushes the board’s deadline to file its report on the project with cabinet back seven months from July 2, 2015, to Jan. 25, 2016.

The significant thing is that this decision now won’t be made until after the next federal election. It’ll be up to the next Prime Minister to make that call,” says Karen Campbell, staff lawyer with Ecojustice.

From a campaign perspective, it certainly gives some wind in the sails of those who want to make sure this isn’t a fait accompli before the next election,” she says.

Wed, 2014-07-09 09:32Guest
Guest's picture

The Fish Are Fine, Kinder Morgan Says

Chinook salmon

Ecojustice lawyers were among the many to file motions to the National Energy Board late last week regarding Kinder Morgan’s poor and non-existent responses to questions posed to it by intervenors. And while we were generally disappointed by Kinder Morgan’s evasive approach, we were shocked at one reply in particular.

When asked whether there is any evidence from cold water oil spills to suggest marine fish are impacted, Kinder Morgan’s response was that: “Harm to marine fish populations seems to be the exception, rather than the rule, following marine oil spills.”

That’s right   Kinder Morgan’s view is that when oil is spilled in water, there is little harm to fish, and it is more likely the fish will be just fine.

The motion Ecojustice lawyers filed on behalf of our clients, Living Oceans Society and Raincoast Conservation Foundation, asks the Board to order Kinder Morgan to fully respond to our clients’ first round of information requests about the Trans Mountain Expansion Project.

Kinder Morgan received more than 10,000 questions from intervenors. As we wrote last month, the company asked for an extension of the time limit to respond, but got only 14 of the 23 days they asked for. Our clients supported the request, in the interest of allowing Kinder Morgan time to provide as much information as possible.

Kinder Morgan's slippery responses

But now that the responses are in, we wonder whether the extra nine days would have made a difference. Responses from the company have ranged from vague to incomplete to non-existent. In short The information provided by Kinder Morgan is not nearly good enough. Of the 253 responses our clients received from the company, at least 77 – approximately 30 per cent – were inadequate. 

In 20 responses, Kinder Morgan refused to answer the question in whole or in part, by:

  • Claiming it was “not relevant” to the review (including the record of leaks and ruptures on Kinder Morgan’s other pipeline systems, and the make and model of clean-up equipment); or
  • Stating that it did not have the information (including air monitoring information), because the data do not exist, because the answer was not in the documents they relied on in the application, or because they had not done the necessary work to answer.

In five responses, Kinder Morgan gave a response which only partially answered the question or provided an answer but not the supporting data requested.

In the remainder of the responses, Kinder Morgan simply didn’t answer the questions it was asked. Here’s a snapshot of the ways the company answered questions with non-answers:

  • Cited a large document or report rather than provide an clear answer;
  • Referred to a document that did not contain any answer to the question; 
  • Said it would file an answer later; or
  • Cited a legal standard rather than address facts. 

As we mentioned above, when our clients asked if there was evidence from cold water oil spills, beyond evidence from the Exxon Valdez oil spill, of marine fish communities or habitat being impacted for more than two years after a spill, this was Kinder Morgan’s response: “Harm to marine fish populations seems to be the exception, rather than the rule, following marine oil spills.” 

In support of that mystifying non-answer, Kinder Morgan cited a 264-page report from Enbridge’s reply evidence in the Northern Gateway pipeline hearings. 

We’ve written about how, in the wake of the 2012 omnibus budget bill, reviews of major pipeline projects have been scaled back dramatically, sacrificing good science and process for “efficiency.” The Kinder Morgan Trans Mountain Expansion Project hearing, with its 15-month time limit and lack of oral cross-examination, is a prime example of how this shift is deeply problematic. 

We are now halfway through the two rounds of intervenor information requests, which are intervenors’ only chance to ask Kinder Morgan questions about its 15,000-page application. Our clients are increasingly worried that they will be unable to meaningfully challenge Kinder Morgan’s evidence, particularly given its evasive approach to our information requests. 

But as for the fish, according to Kinder Morgan, they will be just fine.

- See more at: http://www.ecojustice.ca/blog/the-fish-are-fine-kinder-morgan-says#sthas...

Ecojustice lawyers were among the many to file motions to the National Energy Board late last week regarding Kinder Morgan’s poor and non-existent responses to questions posed to it by intervenors. And while we were generally disappointed by Kinder Morgan’s evasive approach, we were shocked at one reply in particular.

When asked whether there is any evidence from cold water oil spills to suggest marine fish are impacted, Kinder Morgan’s response was that: “Harm to marine fish populations seems to be the exception, rather than the rule, following marine oil spills.”

That’s right   Kinder Morgan’s view is that when oil is spilled in water, there is little harm to fish, and it is more likely the fish will be just fine.

The motion Ecojustice lawyers filed on behalf of our clients, Living Oceans Society and Raincoast Conservation Foundation, asks the Board to order Kinder Morgan to fully respond to our clients’ first round of information requests about the Trans Mountain Expansion Project.

Kinder Morgan received more than 10,000 questions from intervenors. As we wrote last month, the company asked for an extension of the time limit to respond, but got only 14 of the 23 days they asked for. Our clients supported the request, in the interest of allowing Kinder Morgan time to provide as much information as possible.

Kinder Morgan's slippery responses

But now that the responses are in, we wonder whether the extra nine days would have made a difference. Responses from the company have ranged from vague to incomplete to non-existent. In short The information provided by Kinder Morgan is not nearly good enough. Of the 253 responses our clients received from the company, at least 77 – approximately 30 per cent – were inadequate. 

In 20 responses, Kinder Morgan refused to answer the question in whole or in part, by:

  • Claiming it was “not relevant” to the review (including the record of leaks and ruptures on Kinder Morgan’s other pipeline systems, and the make and model of clean-up equipment); or
  • Stating that it did not have the information (including air monitoring information), because the data do not exist, because the answer was not in the documents they relied on in the application, or because they had not done the necessary work to answer.

In five responses, Kinder Morgan gave a response which only partially answered the question or provided an answer but not the supporting data requested.

In the remainder of the responses, Kinder Morgan simply didn’t answer the questions it was asked. Here’s a snapshot of the ways the company answered questions with non-answers:

  • Cited a large document or report rather than provide an clear answer;
  • Referred to a document that did not contain any answer to the question; 
  • Said it would file an answer later; or
  • Cited a legal standard rather than address facts. 

As we mentioned above, when our clients asked if there was evidence from cold water oil spills, beyond evidence from the Exxon Valdez oil spill, of marine fish communities or habitat being impacted for more than two years after a spill, this was Kinder Morgan’s response: “Harm to marine fish populations seems to be the exception, rather than the rule, following marine oil spills.” 

In support of that mystifying non-answer, Kinder Morgan cited a 264-page report from Enbridge’s reply evidence in the Northern Gateway pipeline hearings. 

We’ve written about how, in the wake of the 2012 omnibus budget bill, reviews of major pipeline projects have been scaled back dramatically, sacrificing good science and process for “efficiency.” The Kinder Morgan Trans Mountain Expansion Project hearing, with its 15-month time limit and lack of oral cross-examination, is a prime example of how this shift is deeply problematic. 

We are now halfway through the two rounds of intervenor information requests, which are intervenors’ only chance to ask Kinder Morgan questions about its 15,000-page application. Our clients are increasingly worried that they will be unable to meaningfully challenge Kinder Morgan’s evidence, particularly given its evasive approach to our information requests. 

But as for the fish, according to Kinder Morgan, they will be just fine.

- See more at: http://www.ecojustice.ca/blog/the-fish-are-fine-kinder-morgan-says#sthas...
Dyna Tuytel, staff lawyer

This is a guest post by Ecojustice staff lawyer Dyna Tuytel.

Ecojustice lawyers were among the many to file motions to the National Energy Board late last week regarding Kinder Morgan’s poor and non-existent responses to questions posed to it by intervenors. And while we were generally disappointed by Kinder Morgan’s evasive approach, we were shocked at one reply in particular.

When asked whether there is any evidence from cold water oil spills to suggest marine fish are impacted, Kinder Morgan’s response was that: “Harm to marine fish populations seems to be the exception, rather than the rule, following marine oil spills.”

That’s right — Kinder Morgan’s view is that when oil is spilled in water, there is little harm to fish, and it is more likely the fish will be just fine.

Fri, 2014-07-04 15:13Emma Gilchrist
Emma Gilchrist's picture

B.C. Government Calls on NEB to Compel Kinder Morgan to Answer Oil Spill Questions

oil tanker

The province of British Columbia has filed a motion with the National Energy Board (NEB) to compel pipeline company Kinder Morgan to answer the province’s questions on its Trans Mountain expansion project.

In the motion, the province argues the company has failed to supply adequate answers to dozens of questions on issues such as oil spill response. A 41-page chart submitted to the NEB by the province outlines all of the instances in which Kinder Morgan did not adequately answer its questions.

For instance, Kinder Morgan declined to provide a copy of its emergency response program documents to the province — after promising to do so upon request to “any member of the public” in its application — on the basis that they contain information of a confidential and sensitive nature. 

In another instance, the province requested a detailed report on Western Canada Marine Response Corporation’s (WCMRC) ability to respond to a worst-case scenario oil spill. Kinder Morgan responded by telling the province to go ask the marine oil spill responder for that information themselves.

Sat, 2014-06-14 12:35Guest
Guest's picture

Why Are Pipeline Spills Good For the Economy?

oil spill

This is a guest post by David Suzuki.

Energy giant Kinder Morgan was recently called insensitive for pointing out that “Pipeline spills can have both positive and negative effects on local and regional economies, both in the short- and long-term.” The company wants to triple its shipping capacity from the Alberta tar sands to Burnaby, in part by twinning its current pipeline. Its National Energy Board submission states, “Spill response and cleanup creates business and employment opportunities for affected communities, regions, and cleanup service providers.”

It may seem insensitive, but it’s true. And that’s the problem. Destroying the environment is bad for the planet and all the life it supports, including us. But it’s often good for business. The 2010 BP oil spill in the Gulf of Mexico added billions to the U.S. gross domestic product! Even if a spill never occurred (a big “if”, considering the records of Kinder Morgan and other pipeline companies), increasing capacity from 300,000 to 890,000 barrels a day would go hand-in-hand with rapid tar sands expansion and more wasteful, destructive burning of fossil fuels — as would approval of Enbridge Northern Gateway and other pipeline projects, as well as increased oil shipments by rail.

Sat, 2014-05-03 11:48Judith Lavoie
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Salish Sea Orca Whales Not Mating, Socializing in Polluted Soundscape

orca whales, salish sea, kinder morgan, coal export terminals

Vessel noise is already hindering endangered southern resident killer whales from communicating and finding fish and the noise bombardment will get worse if proposals for coal terminals and pipelines in B.C and Washington State are approved, said scientists and environmentalists at a conference looking at the health of the Salish Sea.

“Ships dominate the soundscape of Puget Sound,” said Scott Veirs, Beam Reach Marine Sciences and Sustainability School program coordinator and professor, speaking at the Salish Sea Ecosystem Conference.

Veirs and his students take underwater sound recordings off Lime Kiln Park on San Juan Island, an area where the killer whales are known to spend time, and then model the echo-location and communication consequences for the resident killer whales. The resident killer whale population has dropped this year to 80 animals in three pods, the lowest number in more than a decade.

Wed, 2014-02-26 12:26Indra Das
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U.S. EPA Denied Late Participation in Kinder Morgan Hearings, Exposes Shortcomings of New NEB Process

Kinder Morgan trans mountain Pipeline

The Canadian National Energy Board (NEB) rejected a request this month from the U.S. Environmental Protection Agency (EPA) to extend the deadline to apply as a participant in the public hearings on Kinder Morgan's Trans Mountain oil pipeline expansion.

The EPA was unaware of a February 12 deadline to apply as a participant in hearings on the proposed $5.4 million expansion of the Vancouver-to-Edmonton Trans Mountain pipeline, which would increase its capacity from 300,000 barrels per day (bpd) of diluted bitumen to 890,000 bpd.

The pipeline expansion, which is supported by 13 oil companies, will free the flow of landlocked Albertan oil to Asian markets overseas.

The EPA reportedly needed more time to “follow through with agency protocols and procedures” before applying to take part in the hearings, according to a notice filed with the NEB.

Tue, 2013-11-26 15:31Steve Horn
Steve Horn's picture

Obama Approves Major Border-Crossing Fracked Gas Pipeline Used to Dilute Tar Sands

Although TransCanada's Keystone XL tar sands pipeline has received the lion's share of media attention, another key border-crossing pipeline benefitting tar sands producers was approved on November 19 by the U.S. State Department.

Enter Cochin, Kinder Morgan's 1,900-mile proposed pipeline to transport gas produced via the controversial hydraulic fracturing (“fracking”) of the Eagle Ford Shale basin in Texas north through Kankakee, Illinois, and eventually into Alberta, Canada, the home of the tar sands. 

Like Keystone XL, the pipeline proposal requires U.S. State Department approval because it crosses the U.S.-Canada border. Unlike Keystone XL - which would carry diluted tar sands diluted bitumen (“dilbit”) south to the Gulf Coast - Kinder Morgan's Cochin pipeline would carry the gas condensate (diluent) used to dilute the bitumen north to the tar sands.

“The decision allows Kinder Morgan Cochin LLC to proceed with a $260 million plan to reverse and expand an existing pipeline to carry an initial 95,000 barrels a day of condensate,” the Financial Post wrote

“The extra-thick oil is typically cut with 30% condensate so it can move in pipelines. By 2035, producers could require 893,000 barrels a day of the ultra-light oil, with imports making up 786,000 barrels of the total.”

Increased demand for diluent among Alberta's tar sands producers has created a growing market for U.S. producers of natural gas liquids, particularly for fracked gas producers.

“Total US natural gasoline exports reached a record volume of 179,000 barrels per day in February as Canada's thirst for oil sand diluent ramped up,” explained a May 2013 article appearing in Platts. ”US natural gasoline production is forecast to increase to roughly 450,000 b/d by 2020.”

Thu, 2013-05-02 05:00Steve Horn
Steve Horn's picture

Keystone Kops: TransCanada Spent $280,000 Lobbying For Keystone XL Tar Sands Pipeline In First Quarter

TransCanada, the multinational corporation hoping to build the controversial northern half of the Keystone XL pipeline, spent over $280,000 on lobbying the U.S. government in the first quarter (Q1) of 2013, according to lobbying disclosure records.

In addition to the $250,000 paid to Paul Elliott - TransCanada's infamous in-house lobbyist and former Secretary of State Hillary Clinton's national deputy campaign manager during her 2008 run for president - three outside firms lobbied on TransCanada's behalf to promote KXL.

The outside firms: Bryan Cave LLP, which reported $20,000 in earnings from TransCanda in 
Q1; McKenna, Long & Aldridge, which was paid $10,000 by TransCanada during Q1; and Van Ness Feldman, which TransCanada paid an amount under $5,000, falling under the mandatory reporting ceiling.

$280,000 is a tiny drop in the bucket compared to TransCanada's $446 million first quarter profits.

The southern half of Keystone XL is currently under construction due to a March 2012 Obama Adminstration Executive Order. The northern half is still in the proposal phase. It would carry Alberta tar sands dilbit to the Gulf Coast refineries in Port Arthur, Texas, where much of it would be exported to the global market.

As seen in an earlier investigation conducted by DeSmogBlog, many of TransCanada's lobbyists for KXL have direct ties to the Obama administration. The U.S. State Department has been tasked with the final decision on the pipeline's cross-border northern section, a risky conduit between the carbon intensive Alberta tar sands and further global climate disruption.

Wed, 2013-04-17 10:47Carol Linnitt
Carol Linnitt's picture

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…”

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