oil spills

Wed, 2014-07-09 09:32Guest
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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.

Tue, 2013-10-22 14:19Derek Leahy
Derek Leahy's picture

Pipeline Expert: Over 90% Probability of Line 9 Rupture with Tar Sands Dilbit

Dilbit rupture in Mayflower, Arkansas

The international pipeline safety expert who last August described Enbridge’s Line 9 pipeline as “high risk for a rupture” now says the probability of Line 9 rupturing is “over 90%.”

I do not make the statement ‘high risk for a rupture’ lightly or often. There are serious problems with Line 9 that need to be addressed,” Richard Kuprewicz, a pipeline safety expert with over forty years of experience in the energy sector, said in an interview with DeSmog Canada.

Hundreds rallied in Toronto on the weekend to voice their opposition to Enbridge’s plans to ship Alberta tar sands bitumen from Sarnia to Montreal through the 37-year-old Line 9 pipeline.

Kuprewicz also expressed concerns about transporting diluted bitumen through Line 9 saying it will increase the growth rates of cracks on the pipeline. Line 9 lies in the most populated part of Canada and crosses the St. Lawrence River and major waterways flowing into Lake Erie and Lake Ontario. A Line 9 spill could pollute the drinking water of millions of Canadians.  

Thu, 2013-04-11 17:05Guest
Guest's picture

INFOGRAPHIC: 13 Oil Spills in 30 Days: The Dirty Business of Moving Oil

by Heather Libby. Originally posted at tkctcktck.org

Moving oil is a dirty business, and never has that been more clear than this past month. In the past 30 days the global oil industry has had 13 spills on three continents. And it's not just pipeline leaks - oil has spilled offshore and on, at train derailments and during routine maintenance. In North and South America alone, they've spilled more than a million gallons of oil and toxic chemicals - enough to fill two olympic-sized swimming pools. 

How bad has it been? Here's an infographic I made of all the oil spills, leaks and transport derailments in the past 30 days.

Sun, 2013-02-03 11:17Laurel Whitney
Laurel Whitney's picture

Shell Wriggles Free Of Oil Spill Liability In Nigeria, But Case Is Far From Closed

A Dutch court acquitted oil giant Shell of allegations regarding oil contamination in Nigeria. Reported earlier in The Guardian, the court ruled in favor of the company for 4 counts of polluting land and waterways in the African country, but was held accountable on a fifth count.

The suit was put forward by Friends of the Earth alongside four Nigerian farmers in the areas of Goi, Ogoniland, Bayelsa and Akwa Ibom. They claimed oil pollution from leaky, unsafe oil pipelines devastated livelihoods of local citizens and farmers in the area. Elder Friday Akpan had 47 catfish farms destroyed from previous oil spills:

“The fishes died completely. I was confused because it left me completely empty,” Akpan added. “I did not have some money to pay school fees for my twelve children, and nothing to allow me to earn my livelihood again. Debts I had borrowed I could not repay. There was nothing for me. I was finished.”

The plaintiffs pushed for a hearing in the Netherlands over Nigeria. They hoped it would be strategically more advantageous to hold trial in the country of the company's headquarters versus taking there chances in a Nigerian court where often times the oil companies have more power than the government. Additionally, the Netherlands would more likely properly enforce any damages awarded by the court.

“Shell is a very stubborn company, and in Nigeria, in some situations, it is more powerful than the Nigerian government,” said Prince Chima Williams, head the legal affairs department at the Environmental Rights Action group.
Fri, 2012-06-22 14:04Meribeth Deen
Meribeth Deen's picture

Enbridge Lobbyists Successfully Eliminated Fish Habitat Protections For Pipeline

Changes to the Fisheries Act limiting the protection of fish habitat did not, as it turns out, arise simply out of a series of complaints by disgruntled farmers hoping to fill in small patches of wetlands or municipalities seeking to repair bridges, as claimed by Minister Keith Ashfield.


Briefing notes obtained by the Access to Information Act show Enbridge found the Department of Fisheries and Oceans (DFO)’s demands “onerous” and, in more than 100 visits with government officials between January and the tabling of amendments to the Fisheries Act, Enbridge lobbyists made clear that they wished to see the department’s regulatory powers limited.

The documents, dug up by Postmedia’s Mike De Souza and Peter O’Neil, show disagreements between DFO and Enbridge occurred over two years, and concerned more than 1,000 waterways on the proposed route of the Northern Gateway Pipeline.


The Conservative budget bill, Bill C-38, has made sweeping changes to the Federal Fisheries Act by eliminating Section 35, which makes it an offense to harmfully alter, disrupt or destroy fish habitat. The regulations which replace Section 35 prohibit “serious harm to fish that are part of a commercial, recreational or aboriginal fishery or fish that support such a fishery.”

Read the story: Federal documents reveal clash between Enbridge, DFO
  

Fri, 2011-09-16 10:58Ben Jervey
Ben Jervey's picture

America's Woefully Inadequate Oversight of Pipeline Safety: A New York Times Stunner

Last week, the New York Times published a bombshell of an expose about the government's woefully inadequate program to monitor and ensure the security and safety of American energy pipelines. I’ve spent a lot of time lately investigating the state of North American energy pipelines, and this is by far the best overview I’ve seen of the government’s feckless attempt to oversee the sprawling system and protect the public from spills, leaks, and explosions.

Reporters Dan Frosch and Janet Roberts dig into federal government records and safety documents and surface some truly startling findings. Like the fact that there are “still more than 100 significant spills each year.” (“Significant” spills being those that cause a fire, serious injury or death, or release over 2,100 gallons.)

Or that the Pipeline and Hazardous Materials Safety Administration only requires companies to focus their inspections on “the 44 percent of the nation’s land-based liquid pipelines that could affect high consequence areas — those near population centers or considered environmentally delicate — which leaves thousands of miles of lines loosely regulated and operating essentially on the honor system.” Or the fact that the agency doesn’t even employ as many inspectors as federal law demands.

It’s well worth reading the whole expose, but here’s the crucial takeaway:

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