Wed, 2014-08-20 07:00Justin Mikulka and Steve Horn
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Big Rail Cites Bin Laden, Al Qaeda to Fend Off Oil-by-Rail Route Transparency

While many states around the U.S. have released information to the public about the frequency and routes of trains carrying oil obtained from hydraulic fracturing (“fracking”) in North Dakota’s Bakken Shale basin, holdouts still remain. 

Why the delay? Homeland security concerns, claim some companies. 

In an ongoing Maryland court case over the issue of transparency for in-state oil-by-rail routes, a July 23 affidavit from Carl E. Carbaugh — director of infrastructure security for Norfolk Southern — goes into extensive detail about the supposed risk presented by terrorism attacks on “Bomb Trains.” 

In so doing, Carbaugh mentions Al-Qaeda. 

The most recent edition of Inspire magazine, March 2014, the online, English-language propaganda publication of [Al-Qaeda in the Arabian Peninsula], presents a full-page collage depicting varied images…in order to construct an explosive device,” reads Carbaugh’s affidavit

Among these images are a derailed passenger train and a partly covered note paper listing cities in the [U.S.] as well as the terms ‘Dakota’ and ‘Train crude oil.’” 

Carbaugh also cited Osama bin Laden, the late Al-Qaeda international ring-leader, in his affidavit.

Among the materials seized in the May 1, 2011, raid on Osama bin Laden’s compound in Abbottabad, Pakistan, were notes indicating interest in ‘tipping’ or ‘toppling’ trains — that is causing their derailment,” Carbaugh wrote.

Osama Bin Laden Compound Diagram; Image Credit: Wikimedia Commons

Tue, 2014-08-19 19:00Guest
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The Monckton Files: Threatwatch 1 by Barry Bickmore

This is a guest post by Barry Bickmore, a long-time chronicler of the misdeeds and misdirections of Lord Christopher Monckton.

One of the truly amusing facets of being a Monckton-o-phile like myself is watching His Lordship veritably explode in a barrage of bombastic threats when he is cornered… or even when he’s passing random people on the street. For your amusement, and to keep the “Threatening Those Who Disagree With Him” section of Lord Monckton’s Rap Sheetcurrent, I give you the following recent examples.

A few weeks ago, I noted that Lord Monckton had even started threatening fellow climate contrarians, including solar physicist Leif Svaalgard and Willis Eschenbach. He claimed he was writing to Svaalgard’s university administration to get him in trouble for saying a certain part of Dr. David Evans’s wacky curve-fitted climate model was “almost fraudulent”.

For my part, I am referring Mr Svalgaard’s long list of malicious comments about Dr Evans (but not about me: I give as good as I get) to his university, which will know best how to handle the matter, for there is a rather delicate aspect that I am not at liberty to discuss here. The university will most certainly realize that the do-nothing option is not an option. The libel is too grave and too persistent. My lawyers are looking at it tomorrow to see whether malice is present, in which case the damages would triple, to say nothing of the costs. Their corresponding lawyers in the U.S. will be giving advice on whether Dr Evans would count in U.S. law as a “public figure”, Probably not, from what I know of the “public-figure” test, in which event, in order to enforce the judgement of the Australian courts in the U.S., it would not be necessary to prove malice (for, though malice seems evident, the test in Australian law is high).

Well, guess what? I asked Leif Svalgaard about it the other day, and he hasn’t heard a thing about it from his administration. Could it be that Monckton didn’t actually carry out his threat?

Ah, the memories. When I first encountered Monckton, he said he was instigating an academic misconduct investigation against me at my university, but a Salt Lake Tribunereporter followed up and found out that there was no such investigation. Much later, he did actually send a couple e-mails to my university threatening a libel suit and saying and saying I was mentally imbalanced, but the administration essentially ignored them.

Tue, 2014-08-19 17:00Guest
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Leaders Must Put People Before Politics: David Suzuki

This is a guest post by David Suzuki.

When we elect people to office, we give them power to make and enact decisions on our behalf. They should have a vision that extends beyond the next election and the latest Dow Jones average — to our children and grandchildren.

We expect our leaders to have a clear picture of our world and the conditions necessary for human life and well-being. If they don’t, how can they make informed decisions? So let me outline some simple, scientifically validated truths about us and the world we live in — truths that should guide our political decisions.

We are, above all else, biological beings, with an absolute need for clean air from the moment of birth to the last death rattle. We take air deep into our lungs and filter whatever’s in it. Plants on land and in the ocean take in the greenhouse gas carbon dioxide and release oxygen during photosynthesis, creating the atmosphere we depend on.

We are about 60 per cent water by weight, so we need clean water to be healthy. When water falls to Earth, it’s filtered through tree and other plant roots, soil fungi and bacteria, cleansing it so it’s safe to drink.

All the energy in our bodies that we use to move, grow and reproduce is sunlight captured by plants in photosynthesis and converted to chemical energy, which we ingest. We eat plants and animals for our nourishment, so whatever they’re exposed to ends up in our bodies. We need clean soil to give us clean food.

These are basic, biological facts and should be the prism through which any decision is made at individual, corporate or government levels. Protection of air, water, soil and the web of life should be the highest social, political and economic priority.

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. 

Tue, 2014-08-19 12:32Justin Mikulka
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Report Reveals Cost Cutting Measures At Heart Of Lac-Megantic Oil Train Disaster

Today the Transportation Safety Board of Canada (TSB) released its final report on the July 6th, 2013 train derailment in Lac-Megantic, Quebec. The report produced a strong reaction from Keith Stewart, Greenpeace Canada’s Climate and Energy Campaign coordinator.

This report is a searing indictment of Transport Canada’s failure to protect the public from a company that they knew was cutting corners on safety despite the fact that it was carrying increasing amounts of hazardous cargo. This lax approach to safety has allowed the unsafe transport of oil by rail to continue to grow even after the Lac Megantic disaster. It is time for the federal government to finally put community safety ahead of oil and rail company profits or we will see more tragedies, Stewart said.”

Throughout the report there is ample evidence to support Stewart’s position and plenty to show why the people of Lac-Megantic want the CEO of Montreal, Maine & Atlantic Railway (MMA), the rail company responsible for the accident, held accountable in place of the engineer and other low level employees currently facing charges.

At the press conference for the release of the report the TSB representatives often noted that they had found 18 factors that contributed to the actual crash and they were not willing to assign blame to anyone, claiming that wasn’t their role.

But several critical factors stand out and they are the result of MMA putting profits ahead of safety and Transport Canada (TC), the Canadian regulators responsible for overseeing rail safety, failing to do its job.

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