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Archive for the ‘Property Rights’ Category

Above All Else World Premiere at SXSW

Posted in Climate Change, Energy, Global Warming, pipelines, Privacy, Property Rights, Tarsands, Transportation, tagged , , , , , , , on March 11, 2014 |

Photo by Max Anderson

Photo by Max Anderson

Above All Else had their world premiere to a full audience at South by Southwest in Austin on Monday, March 10, 2014. The film takes an intimate look at a group of landowners and activists in East Texas who tried to stop construction of the Keystone XL pipeline, which carries tar sands oil from Canada to refineries on the Texas Gulf Coast.

The film focuses on David Daniel, a former circus performer who settled down with his family in the woods of East Texas. David and his family wanted to settle down for a quiet life in the country when something unexpected happens: TransCanada tells him they want to put a pipeline through his property. David begins to build a tree-sit on his property with the help of organizers from the Tar Sands Blockade. The film takes a personal look at how David begins to rally his neighbors and allies to try and stop the Keystone XL pipeline.

Photo by Vanessa Ramos

Photo by Vanessa Ramos

After the film John Fiege, director, his crew and several people featured in the film answered questions about the film from a lively audience.  Julia Trigg Crawford, one of the landowners featured in the film, said, “It is an unbelievable travesty what happened with David. They’ve taken away his First Amendment right.”

John Fiege and his crew made an excellent film that tells the personal stories of individuals who risked financial ruin, their personal safety, and the security of their families. Above All Else will give anyone interested in the Keystone XL and tar sands issue a different perspective of the fight on the ground.

Above All Else will have two more showings at SXSW this week. The next showing is today, March 11, at SXSatellite: Alamo Village from 4:30 PM to 6:04 PM. The final showing will be Saturday, March 15, at the Topfer Theatre at ZACH from 2:00 PM to 3:34 PM. Check out the Above All Else website and the film’s SXSW page.

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Tell Sec. Kerry “No Keystone XL” Before Friday

Posted in Climate Change, Energy, Global Warming, green jobs, pipelines, Property Rights, Tarsands, tagged , , , , , , , on March 4, 2014 |

KXL Climate ChangeThe deadline is fast approaching for the public’s last chance to register an official comment against the Keystone XL pipeline. The State Department’s public comment period will end on Friday, March 7th. Right now is your last chance to tell Secretary of State John Kerry that the Keystone XL tar sands pipeline is not in our national interest. Secretary Kerry’s opinion will weigh heavily in President Obama’s decision.

This is our final opportunity to officially weigh in on the decision. Submit a comment right now to tell the Obama Administration that the “game over for the climate” Keystone XL pipeline is NOT in our national interest.

Now President Obama must choose whether he wants to take us down the road of expanding the use of dirty fossil fuels, like tar sands, or fight for a sustainable future. The Keystone XL is central to increasing production of the Alberta tar sands, which will significantly add to carbon emissions. The massive infrastructure would lock us into dependence on this dirty fuel for decades to come. Last June, standing in the sweltering heat before an outdoor audience at Georgetown University, President Obama pledged that he would not approve the pipeline if it would “significantly exacerbate the problem of carbon pollution.” Now, he should reject the Keystone XL tar sands pipeline.

Keystone XL Youth Protest in Washington D.C. Photo credit: Nicholas Kammafp, Getty Images

March 2nd Keystone XL Youth Protest in Washington D.C
Photo credit: Nicholas Kammafp, Getty Images

From Coast-to-Coast People Are Standing Up Against Tar Sands 

  • Last Sunday, more than 1,200 youths from across the country marched from Georgetown University to the White House to protest the Keystone XL. Nearly 400 youths were arrested for zip-tying themselves to the White House fence and staging a mock oil spill. This protest is the largest youth act of non-violent civil disobedience in front of the White House in more than a generation.
  • On Monday, nine people were arrested at the State Department building in San Francisco during a youth led protest of the Keystone XL pipeline.
  • Last month, thousands of people got together and held more than 280 vigils in 49 states across the country to say NO to Keystone XL.

Crash the Keystone XL Party: No KXL in ATX

The momentum to stop this pipeline is building all across the country. On Friday, March 7th, Austin will join Washington D.C. and San Francisco in telling President Obama that we do not want the Keystone XL. Join us at 10:30 a.m. at the South Gates of the Texas Capitol (11th and Congress). Be sure to bring your signs, pots-n-pans, walking shoes and conviction to stop this climate killing pipeline.

This is our last chance to voice concerns to the State Department before the public comment period ends on March 7th. We need to get our message across to Secretary Kerry, because what he says could be one of the biggest determining factors in President Obama’s decision.

Submit your comment: Keystone XL is NOT in our national interest.

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Court tells Nebraska Governor he cannot authorize Keystone pipeline route and Keystone cannot take land

Posted in pipelines, Property Rights, Tarsands, tagged , , , , , , on February 20, 2014 |

On Wednesday, February 19, 2014, Nebraska’s recently passed law allowing TransCanada Keystone XL Pipeline Co. to proceed with construction across Nebraska was declared unconstitutional and void.

The ruling came from Lancaster County District Court Judge Stephanie Stacy. The Court ruled for three Nebraska landowners who challenged the law. The ruling includes a permanent injunction preventing Gov. Dave Heineman, and the Nebraska Department of Environmental Quality from taking any further action to authorize or advance the pipeline under the unconstitutional law.

Judge Stacy concluded the law unconstitutionally conferred upon the Governor of Nebraska the authority to approve a crude oil pipeline route, and to authorize the crude oil pipeline company to exercise the power of eminent domain against Nebraska landowners.

Siding with three landowner plaintiffs, the District Court concluded that under Nebraska’s State Constitution, exclusive regulatory control over pipeline companies like TransCanada Keystone XL must be exercised by the Nebraska Public Service Commission, and cannot be given to the Governor.

Judge Stacy also concluded that TransCanada was not empowered to take land from Nebraska property owners.

The court’s action effectively rescinds Gov. Heineman’s notification to Pres. Barack Obama that Nebraska legal procedures had been satisfied.

Dave Domina, the lawyer who handled the case for the landowners summarized the Ruling: “Under the Court’s ruling, TransCanada has no approved route in Nebraska. TransCanada is not authorized to condemn the property against Nebraska landowners. The pipeline project is at standstill in this State.”

A copy of the Court’s Opinion is found HERE: http://www.dominalaw.com/documents/LB-1161-Court-Order-Feb-19-2014.pdf

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Take Action: Last Chance to Submit Comment to State Department to Oppose Keystone XL

Posted in Climate Change, Diesel, Energy, Global Warming, green jobs, Gulf Coast Ports, Jobs, pipelines, Property Rights, Safety, Tarsands, tagged , , , , , , , , , on February 12, 2014 |

KXL Climate ChangeWith the release of the State Department’s Final Environmental Impact Statement (FEIS) on the Keystone XL tar sands pipeline, there has been a lot of buzz about the project. The report concluded that Keystone XL could create carbon pollution equivalent to nearly six million cars, or eight coal-fired power plants. Last Week the State Department began accepting comments from the public, and with only a few weeks (until Mar 07, 2014 11:59 PM ET) left the need for citizens to weigh in has never been more urgent. Now is the time to tell Secretary of State John Kerry that this dirty pipeline is not in our national interest.

This is our final opportunity to officially weigh in on the decision. Submit a comment right now to tell the Obama Administration that the “game over for the climate” Keystone XL pipeline is NOT in our national interest.

Here are some facts to consider including in your comment to Secretary Kerry and the State Department:

  • The evidence is clear that Keystone XL could increase production levels of tar sands oil in Alberta, and therefore significantly add to carbon emissions. The massive investment would lock us into dependence on this dirty fuel for decades, exacerbating carbon pollution just when we need to go in the other direction.
  • Beyond the effects on our climate, this dangerous pipeline would also put the water supply of millions of Americans at risk, including the precious Ogallala Aquifer, Platte and Niobrara rivers, and hundreds of individual families’ wells. After a year in which many communities were harmed by spills from existing pipelines, we cannot allow any more of the dirtiest, most toxic oil on earth to spill into our lands and waterways.
  • The jobs numbers touted by industry are exaggerated. Oil industry lobbyist and pro-pipeline politicians claim that the Keystone XL would create 20,000 to half a million jobs, but these jobs numbers are grossly exaggerated. Construction of the Keystone XL pipeline will only create about 3,900 jobs over a two year period, and after that the project would only provide jobs for 35 permanent employees and 15 temporary contractors.
  • The Keystone XL is an export pipeline. According to presentations to investors, Gulf Coast refiners plan to refine the cheap Canadian crude supplied by the pipeline into diesel and other products for export to Europe and Latin America. Proceeds from these exports are earned tax-free. Much of the fuel refined from the pipeline’s heavy crude oil will never reach U.S. drivers’ tanks. Therefore, not reducing gas prices for Americans.

This is our last chance to voice concerns to the State Department before the public comment period ends on March 7. We need to get our message across to Secretary Kerry, because what he says could be one of the biggest determining factors in President Obama’s decision.

Submit your comment: Keystone XL is NOT in our national interest.

In addition to submitting your comment electronically, comments may also be mailed directly to:

U.S. Department of State
Bureau of Energy Resources, Room 4843
Attn: Keystone XL Public Comments
2201 C Street, NW
Washington, DC 20520

#NoKXL

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Rally Tonight to Protest Keystone XL

Posted in Climate Change, Energy, Global Warming, pipelines, Property Rights, Tarsands, tagged , , , on February 3, 2014 |

Stop Keystone XL ObamaNow is the time to stand up and tell President Obama that the Keystone XL pipeline fails his climate test and he must reject it. People from across the country have mobilized to plan more than 230 vigils in 47 states to protest Keystone XL.  Join us tonight, Feb. 3rd, in Austin.

With the release of the State Department’s final environmental impact statement last Friday, this is a vital moment to speak out against the Keystone XL pipeline. A 30-day public comment period begins on February 5, 2014 and will close on March 7, 2014. Let’s do all we can to make our voices heard.

What: Tell President Obama to reject Keystone XL
Where: Pickle Federal Building, 300 East 8th Street, Austin, TX (click here for MAP)
When: Tonight – Monday, February 3rd, 6 PM
RSVP

If we do not stop it, Keystone XL pipeline will cut through the breadbasket of America and transport 830,000 barrels of tar sands diluted bitumen (tar sands) everyday for 50 years or more. In addition to the climate impact it will have, the pipeline will ruin some of the last habitat for endangered species like the whooping crane and swift fox. It will cross the Ogallala Aquifer, which provides water to farms in eight states, accounting for a quarter of the nation’s cropland, as well as drinking water for millions of people. For the people living along the route of the pipeline it is all risk and no reward.

This is our moment to say “No Keystone XL.” Please join us tonight. Be sure to bring candles, signs and noise-makers.

The No KXL protest vigils are organized by CREDO, Rainforest Action Network, and the Sierra Club, and supported by 350.org, The Other 98%, Center for Biological Diversity, Oil Change International, Bold Nebraska, Energy Action Coalition, Natural Resources Defense Council, The Hip Hop Caucus, Overpass Light Brigade, Environmental Action, League of Conservation Voters, Waterkeeper Alliance, Friends of the Earth, Forest Ethics, Forecast the Facts, Public Citizen, Environmental Texas and others.

#NoKXL

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East Texans Seek Shutdown of Pegasus Pipeline – turning conservatives into activists

Posted in Air Quality, pipelines, Property Rights, Tarsands, tagged , , , , , , , , on November 11, 2013 |

warning pipelineCitizens in East Texas are becoming alarmed as representatives from ExxonMobil, operator of the Pegasus pipeline, show up to post yellow and black-striped warning markers along the pipeline route running across their land, the same one that ruptured about 320 miles northeast of there in March, spewing at least 210,000 gallons of heavy Canadian crude into neighborhood streets in Mayflower, Ark.  Click here to read the article by the Texas Tribune that documents how normally conservative landowners are turning into activists in defense of their land and their homes.

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Eminent Domain: After the legislative session, where do Texas landowners stand?

Posted in pipelines, Property Rights, tagged , , , , , , on July 18, 2013 |

UPDATE

NPR’s State Impact takes a look at where landowners stand against pipeline companies’ claims that they have the right to take land through eminent domain.

Click here to read part one of a three-part series devoted to looking at efforts to overhaul eminent domain in Texas and what may come next for landowners, pipeline companies, and the oil and gas industry.

Click here to read part two of this three-part series.

Click here to read the third and final part of this series of articles on pipelines, eminent domain and Texas courts

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Texas Landowner to Testify Before Congress About Property Rights Abuses

Posted in Property Rights, Tarsands, tagged , , , , , on April 16, 2013 |

Julia Trigg Crawford, a Texas landowner fighting a legal battle with TransCanada over the rights to her family’s farm, will be in Washington on Thursday to testify in front of the Subcommittee on the Constitution and Civil Justice during a hearing on the Private Property Rights Protection Act. Ms. Crawford will be discussing her personal experience with the use of eminent domain by a foreign company, as it is being used by the Keystone XL pipeline.

The bill filed in the 112th Congress as H.R.1433 can be read here.

The hearing will begin at 9am ET on Thursday and may be covered on C-Span in case you want to catch Julia’s testimony.

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