Wed, 2015-03-25 04:00Emma Gilchrist
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Canada’s Charitable Law Urgently Needs Reforming: New UVic Report

Calvin Sandborn

A report released today by the University of Victoria’s Environmental Law Centre calls for sweeping reform of Canadian charitable law in line with other jurisdictions such as the U.S., Australia, New Zealand and England.

Current rules around “political activity” — defined by the Canada Revenue Agency (CRA) as any activity that seeks to change, oppose or retain laws or policies — are confusing and create an “intolerable state of uncertainty,” the report says.

This has created a confused and anxious charitable sector and detracts from them carrying out their important work,” Calvin Sandborn, legal director of the Environmental Law Centre, said.

The report — prepared for DeSmog Canada — comes as 52 charities are being targeted in a $13.4 million audit program launched by the federal government in 2012 to determine whether any are violating a rule that limits spending on political activities to 10 per cent of resources. Those charities include Environmental Defence, the David Suzuki Foundation, Canada Without Poverty, Ecology Action Centre and Equiterre.

Wed, 2015-03-25 00:01Brendan Montague
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This Is The Man Exxon Chose To Lead Its Effort Against Climate Science

This DeSmog UK epic history post portrays Lee Raymond, the Texan captain who steered the Exxon ship against the rising tide of climate science.

In 1997, BP’s British boss, John Brown, stunned the world by endorsing the science of climate change and calling for government regulation to reduce carbon emissions. Exxon’s Lee Raymond (pictured), however, was an entirely different beast: brash, bullish and brutal.

This real life J.R. Ewing came from working class stock all the way from the Great Plains and fought his way to the top of the oil giant Exxon.

Tue, 2015-03-24 17:58Guest
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Who Says a Better World is Impossible?

This is a guest post by David Suzuki

Cars, air travel, space exploration, television, nuclear power, high-speed computers, telephones, organ transplants, prosthetic body parts… At various times these were all deemed impossible. I’ve been around long enough to have witnessed many technological feats that were once unimaginable. Even 10 or 20 years ago, I would never have guessed people would carry supercomputers in their pockets — your smart phone is more powerful than all the computers NASA used to put astronauts on the moon in 1969 combined!

Despite a long history of the impossible becoming possible, often very quickly, we hear the “can’t be done” refrain repeated over and over — especially in the only debate over global warming that matters: What can we do about it? Climate change deniers and fossil fuel industry apologists often argue that replacing oil, coal and gas with clean energy is beyond our reach. The claim is both facile and false.

Facile because the issue is complicated. It’s not simply a matter of substituting one for the other. To begin, conservation and efficiency are key. We must find ways to reduce the amount of energy we use — not a huge challenge considering how much people waste, especially in the developed world. False because rapid advances in clean energy and grid technologies continue to get us closer to necessary reductions in our use of polluting fossil fuels.

Tue, 2015-03-24 15:58Steve Horn
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Purposeful Distraction? Unpacking the Oil Refiners' "Bomb Trains" Lawsuit vs. Warren Buffett's BNSF

On March 13, American Fuel & Petrochemical Manufacturers (AFPM) — the oil refiners' trade association — sued oil-by-rail carrying giant Burlington Northern Santa Fe (BNSF) for allegedly violating its common carrier obligation under federal law. A DeSmogBlog investigation has revealed there may be more to the lawsuit than initially meets the eye.

Filed in the U.S. District Court for the Southern District of Texas, Houston Division, AFPM sued BNSF “for violating its common carrier obligation by imposing a financial penalty” for those carrying oil obtained via hydraulic fracturing (“fracking”) in North Dakota's Bakken Shale basin and other hazardous petroleum products in explosion-prone DOT-111 rail cars.

AFPM's beef centers around the fact that BNSF began imposing a $1,000 surcharge for companies carrying explosive Bakken fracked oil in DOT-111 cars, as opposed to “safer” CPC-1232 cars, at the beginning of 2015.

The Warren Buffett-owned BNSF did so, argues AFPM, illegally and without the authority of the federal government.

“This $1,000 surcharge on certain PHMSA-authorized rail cars breaches BNSF’s common carrier duty to ship hazardous materials under the auspices of PHMSA’s comprehensive regime governing hazardous materials transportation,” wrote AFPM's legal team, featuring a crew of Hogan Lovells attorneys. “Allowing railroads to penalize companies that ship crude oil in federally-authorized rail cars would circumvent PHMSA’s statutory and regulatory process for setting rail car standards for hazardous materials shipments.”

Upon a quick glance, it seems like a fairly straight-forward case of federal law and an intriguing example of an intra-industry dispute. But as recent history has proven, the devil is in the details.

Tue, 2015-03-24 14:57Mike Gaworecki
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“Pipeline Nation” Short Documentary Investigates Lack Of Oversight Of “America’s Broken Industry”

In a new short documentary called “Pipeline Nation: America’s Broken Industry,” Vice News travels to Glendive, Montana, where a pipeline ruptured on January 17 of this year, spilling 50,000 gallons of crude oil into the Yellowstone River and contaminating the town’s drinking supply.

This was the second oil spill in the area in the past four years. An Exxon pipeline spilled over 60,000 gallons of crude into the Yellowstone River near Billings, Montana in 2011.

The spill near Glendive involved Bakken crude, which is lighter and more volatile than heavy crude and evaporates more quickly, making it difficult to clean up.

“Our recovery of oil out of the water, it’s just… we’re not really getting much,” Paul Peronard, On-Site Coordinator for the EPA, tells Vice’s Nilo Tabrizy in the film. “Three-hundred-something barrels out of the pipeline in this immediate area, less than a couple barrels actually out of the water. So pretty much what is in the water is there and gone. And we aren’t going to recover it.”

“We never — and I’ll be clear about that — we never recover all the oil. Somebody who tells you that is telling you stories. In good conditions, you get half of the oil that hits the water.”

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