EIS

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.

Tue, 2011-09-13 11:35Ben Jervey
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Environmental Impact Deemed "Limited" For Potentially Explosive Shale Gas Pipeline Into Lower Manhattan

Last Friday, exactly one year after the massive natural gas pipeline blast that killed eight and leveled a San Bruno, California neighborhood, the Federal Energy Regulatory Commission (FERC) brought the controversial New Jersey-New York gas line one step closer to construction.

The pipeline, as proposed by Spectra Energy, would carry shale gas through a number of New Jersey towns, under the Hudson River, and into the Meatpacking District of Lower Manhattan. On Friday, FERC released a draft Environmental Impact Statement (EIS) that gave preliminary approval for construction of the pipeline and all of the related aboveground facilities. The EIS runs over 800 pages long, so I wasn’t able to give it a thorough read (you can find links to all the sections here), but the Executive Summary gave every indication that the line would be approved. FERC found “that construction and operation of the NJ-NY Project would result in limited adverse environmental impacts” and that “[T]hese limited impacts would mostly occur during the period of construction.”

For all the detailed discussion of wetlands and waterways and noise pollution and archaeological sites, there’s one major risk – environmental and public safety – that the report glosses over.

What happens if there’s an explosion? New Jersey-New York City shale gas pipeline map

Mon, 2011-08-29 20:17Emma Pullman
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New Infographic Shows how Keystone Pipelines are ‘Built to Spill’

TransCanada claims their pipelines are the safest in the continent. And the State Department seems inclined to agree having released their Final Environmental Impact Statement (EIS) on the Keystone XL pipeline last week. They find that the pipeline poses “no significant impacts” to the environment, and advise the project move forward.

So what about the 12 spills along the Keystone I line in its first year of operation? Since commencing operation in June of 2010, the Keystone I pipeline has suffered more spills than any other 1st year pipeline in U.S. history.

In addition to a nasty spill record, the proposed Keystone XL will cross one of the largest aquifers in the world – the Ogallala – which supplies drinking water to millions and provides 30% of the nation’s groundwater used for irrigation. Pipeline construction will also disrupt 20,782 acres, including 11,485 acres of native and modified grassland, rangeland and pastureland, and pipeline construction will threaten sensitive wildlife and aquatic species habitats.

According to the EPAcarbon emissions from tar sands crude are approximately 82% higher than the average crude refined in the U.S. Given the extremely toxic nature of tar sands bitumen and the fact that Keystone is TransCanada's first wholly owned pipeline in the U.S., it seems reasonable to look to TransCanada's performance with Keystone I for clues on how it would manage Keystone XL.

And the clues are telling.

Thu, 2011-08-25 23:19Emma Pullman
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Breaking: State Department Calls Keystone XL Environmental Impact "Limited," Ignoring Evidence

The State Department just released their Final Environmental Impact Statement (EIS) for the proposed Keystone XL pipeline. The 27-page document does not flag any significant environmental concerns. The EIS suggests that construction of the pipeline as proposed is preferable to alternatives considered, including: not building the pipeline, rerouting the proposed location, and transporting the oil through alternative means.

In typical agency beurocratic-speak, the main alternatives are described as such:

  • No Action Alternative – potential scenarios that could occur if the proposed Project is not built and operated;
  • System Alternatives − the use of other pipeline systems or other methods of providing Canadian crude oil to the Cushing tank farm and the Gulf Coast market;
  • Major Route Alternatives − other potential pipeline routes for transporting heavy crude oil from the U.S./Canada border to Cushing, Oklahoma and the Gulf Coast market.

None of the alternatives were considered by the State Department to be preferable to proposed construction.

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