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Posts Tagged ‘keystone xl’

Keystone XL opponents are asking President Obama to reject the tar sands pipeline based on the new EPA report that assessed “environmental objections” and found that the State Department’s analysis included “insufficient information”.

The State Department’s own Draft Environmental Impact Statement (DEIS) made the case that Keystone XL would provide no tangible benefits for the U.S.—and now the EPA’s comments highlight the serious risks that the pipeline would create for the U.S. and for the communities along the pipeline route.

EPA’s letter to Assistant Secretary Fernandez and Assistant Secretary Jones outlined serious concerns regarding missing information from the DEIS, namely:

  • Greenhouse gas emissions
  • Pipeline safety
  • Alternative pipeline routes
  • Community and environmental justice impacts

Per the two reports from his own Administration and the over 200 pages of comments on the DEIS submitted by opponents, President Obama has no choice but to reject Keystone XL because it is not in our national interest.

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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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beforenafter1[1]The Keystone XL pipeline is embroiled in controversy from coast to coast. Environmentalists are rallied by its giant carbon footprint, the damage caused by spills, and the destruction of Canada’s boreal forests. Meanwhile, landowners are being forced to give up their property rights and cope with unacceptable safety issues.

More than thirty Texas waterways will be threatened by Keystone XL pipeline spills.  Tar sand is very difficult to clean up, especially in water.  And, Keystone XL is not required to pay the standard eight cents per barrel tax into the Oil Spill Liability Trust Fund, which means the cost to clean up any spills along the pipeline could become the tax burden of U.S. Citizens.  When tar sand comes into contact with water it begins to separate, leaving the heaviest, thickest product on the bottom.  Meanwhile, benzene and other airborne toxins are lifted to the surface of the water and evaporate into the atmosphere, directly threatening human life.

Burst pipelineLandowners in Texas have been confronted with having a tar sand pipeline cross their farms and ranches.  Ranchers and farmers have no choice where the pipeline lays down on their property.  The easement around the pipe is fifty feet wide, and there will be a kill zone around and under the pipe due to its temperature, which may exceed 158 degrees F. A running pressure of 1,600 pounds per square inch introduces the possibility of a stream with enough force to cut a person in two should a small rupture in the pipe occur.  But, problems with the pipeline do not stop at inherent danger.  The land owners are given a choice of payment for the easement, which requires them to pay taxes on the land under the pipe or, they can have the easement condemned, which leaves them without the right to use that property.  In truth, the land owners have no option when companies such as Keystone XL decide that a pipeline should cross their property, except to deal with the risks, or leave.

To make matters worse, the tar sands that would flow through the Keystone XL pipeline won’t even be used in the U.S. – they are destined for export to foreign countries.  So, we will incur the risks to our land and water and will suffer the consequences of climate change, but we won’t have any more energy security than we do now.  That’s a bad deal.  The risks associated with the Keystone XL pipeline are unacceptable. Most importantly, these risks are avoidable.  Let President Obama know that you want him reject the Keystone XL pipeline because the risks don’t outweigh the benefits.  The recently released draft Supplemental Environmental Impact Statement (SEIS) from the U.S. Department of State acknowledged that construction of the Keystone XL pipeline would create “numerous” and “substantial” impacts on the environment, but it claims the project is better than the alternatives.  If you disagree, as I do,  send comments on the draft SEIS via email to: keystonecomments@state.gov.

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Today, the the Department of State released a Draft Supplemental Environmental Impact Statement (SEIS) for the new Presidential Permit application for the proposed Keystone XL pipeline.

The SEIS acknowledges that the construction of the controversial Keystone XL pipeline would create “numerous” and “substantial” impacts on the environment, but they are claiming that the project is a better than any of the alternatives, essentially clearing the project to go ahead.

The report concluded that the tarsands diluted bitumen (dilbit) that the pipeline will transport into and across the U.S. produces 17 percent more greenhouse gases than heavy crude oil refined on the Texas Gulf Coast. In addition, it said the construction phase of the project would result in carbon dioxide emissions equivalent to about 626,000 passenger vehicles operating for a full year.

The Draft Supplemental Environmental Impact Statement, once published by the EPA, starts the clock on the public comment period.  At this time, we expect the SEIS to be published sometime next week.  Our best guess is Wednesday.  From that point, the public will have 45 days to comment on the document, so let’s dust off our legal pads and pens and start drafting our comments.  Having spent three days on a bus and marching around the mall in Washington DC in freezing weather with many of you, I know you have a lot to say.

Comments can be addressed to the following mailbox: keystonecomments@state.gov.

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Actress Daryl Hannah has been arrested along with Winnsboro ranch owner Eleanor Fairchild, 78, while staging a protest against Keystone XL construction on Mrs. Fairchild’s farm. The duo where defending Mrs. Fairchild’s home and business, Fairchild Farms, a portion of which has been expropriated by TransCanada, for its toxic tar sands pipeline.

More details on their blog: http://tarsandsblockade.org/darylandeleanor/

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Update:

Around 11 am today, after 48 hours, the five tar sands blockaders who were jailed on Wednesday in Franklin County were freed! They were being held on a $2,500 bail each. Click here to keep up with what is happening with the blockade.

On Wednesday, September 19, 2012 around 8:00AM, three landowner advocates and climate justice organizers locked themselves to a piece of machinery critical for Keystone XL construction in Franklin County, Texas. They did so to defend David Hightower’s. As construction crews arrived at Mr. Hightower’s to begin clear-cutting his trees and home vineyard, Tar Sands Blockade supporters were in David’s front yard continuing their vigil

By 11:30 am, five arrests had been made at the Keystone XL construction site outside Winnsboro, Texas. The three brave blockaders locked to tree clear-cutting machinery delayed operations at the site for the day.

All 5 of the arrested blockaders were still in jail at the end of the day on Thursday since the four Franklin County justices of “peace” refused to hold a bail hearing. None of them are “available.”  They are scheduled to go before the judge around 8 or 9 this morning, Friday, September 21.

As of this time, we have not heard whether they have been released.

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Earlier this week, a new statewide coalition of groups and advocates for private property rights announced its support for landowners along the path of the Keystone XL pipeline in Texas. The groups charge that TransCanada, the company proposing to build the pipeline, has used eminent domain to bully landowners and condemn private property.

Despite a presidential permit denied to TransCanada for the Keystone XL project just weeks ago, the company continues to bully and pressure landowners along the Texas pipeline route.

The controversial Keystone XL pipeline would carry tar sands crude more than 1900 miles through six states including Montana, South Dakota, Nebraska, Kansas, Oklahoma and Texas.  In Texas, the pipeline crosses eighteen counties, from Paris to Pt. Arthur.  Groups with landowners near the cities of Paris, Winnsboro, and Wells joined in press events held in Dallas, Austin, San Antonio, and Houston to ask for support from agencies and officials on the continuing plight of landowners who would be impacted by the pipeline.

“Texas, we have an eminent domain problem,” said Terri Hall, director of Texans Uniting for Reform and Freedom (TURF). “There is absolutely zero oversight for pipeline companies that want to take private property from Texans – all you have to do is check the right box on a form and declare yourself a common carrier, no questions asked.”

The form Hall refers to is a T4 permit application filed with the Texas Railroad Commission. In a recent Texas Supreme Court case, Texas Rice Land Partners, Ltd. and Mike Latta vs. Denbury Green Pipeline-Texas LLC , the court effectively revoked the eminent domain authority of the pipeline builder, holding that “Private property cannot be imperiled… by checking a certain box on a one-page government form.”  In order to be a common carrier, a company needs to satisfy the question if it is purposed for public use.  The pipeline company in this case did not meet the criteria of “common carrier” , as it was merely a private company transporting product to one of its own subsidiaries, therefore, not meeting the criteria of operating for public use or the public good.  There is a real question as to whether the private entity TransCanada Keystone XL meets those same criteria.

The ruling has been hailed as a major victory for private property rights in Texas. Advocates like Hall and former Republican gubernatorial candidate Debra Medina say that conservative politicians have campaigned on the issue but have done too little for property owners.

“Texas politicians talk tough on eminent domain, but with Keystone we have a private pipeline company acting as a ‘common carrier’ and bludgeoning private property owners with eminent domain while many of our Republican leaders cheer from the sidelines,” said Medina who is also director of We Texans.

“Despite the fact that this permit has been denied and there technically is no permit for TransCanada, the company continues to bully and pressure Texas landowners,” Medina noted.  “And we would all like to ask, by what authority does this company have to continue insisting that landowners settle with them when there is no permit?”

Linda Curtis of Independent Texans, who helped coordinate groups in 2006 supporting Carole Strayhorn’s independent gubernatorial bid and the anti-Trans-Texas Corridor efforts said, “A similar statewide grassroots movement is waiting in the wings on this issue because the problems are way too familiar to east Texans who fought to stop the land grab for the TTC.”

Medina and Hall held press events in Houston and San Antonio respectively, standing with landowners who say they’ve been bullied by TransCanada. Former DISH, TX mayor Calvin Tillman hosted a similar event in Dallas, and in Austin, Independent Texans director Linda Curtis and Jessica Ellison of Texans for Accountable Government spoke.

Landowners attending the events have property condemned or are being pushed into negotiated settlements and claim their story has not been told. Landowners say theirs are among more than 80 cases in Texas where TransCanada, a private foreign pipeline company, condemned private property belonging to Texans.

“At this moment my property is condemned and legally TransCanada can lay that pipeline and pump undisclosed chemicals through it, even though we’ve never seen a judge,” said Julia Trigg Crawford of Lamar County. “I think most Texans would be stunned to find out that there is no process for challenging eminent domain use
in a pipeline case until after your land has already been condemned.”

Crawford is challenging TransCanada’s right to common carrier and eminent domain in her case.  TransCanada’s representatives indicate they want to settle with the Crawfords out of court.  However, they insist on retaining the right to begin construction/trenching as soon as March 1, 2012.

“We need our officials to stand up and help these landowners,” commented Calvin Tillman, former Mayor of Dish.  “Currently the Railroad Commission and other state agencies are passing the buck, claiming they have no authority over Keystone wanting to build a segment from Cushing to the Texas coast.  Where are our legislators?  Where are the authorities to protect Texas landowners from private companies like TransCanada?”

The group also pointed out that the company misled landowners in other situations, telling property owners the pipeline had all necessary permits and repeatedly telling individual landowners that they were the last holdouts, making the pipeline seem inevitable and securing more favorable terms for the company.

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In a statement this afternoon, Obama said that he received a recommendation from Secretary of State Hillary Rodham Clinton earlier today recommending that the Keystone XL tar sands Presidential permit application be denied.

TransCanada’s first tar sands pipeline leaked 12 times in its first year of operation, although the company estimated it would leak just once in 14 years. The proposed Keystone XL pipeline route would cross Texas’s third-largest aquifer, as well as numerous rivers and lakes that provide water to some of the most populated areas of the Lone Star State, making TransCanada’s leaky history a pretty compelling reason for reviewing Keystone XL thoroughly. But when congressional Republicans forced a 60-day decision on the Keystone XL’s presidential permit, they took the option of a thorough review away from President Obama and the U.S. State Department.

Trevor Lovell with the Texas office of Public Citizen said, “Today’s rejection of the permit application was the only sensible decision the Obama administration could make.”

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Last month we wrote about what appeared to be conflicts of interest in the facilitation of the U.S. Department of State’s public hearings (one of which took place in Austin, TX), and the environmental impact analysis of the controversial Keystone XL Pipeline that would transport Canadian tar sands 1,700 miles to Texas refineries.  Keystone XL is now coming under scrutiny for bias and conflicts of interest by the State Department’s inspector general.

The investigation was announced by the inspector general in Washington on Tuesday, November 8th, and was prompted by a Congressional request headed by U.S. Senator Bernard Sanders (D-Vermont) and U.S. Rep. Steve Cohen (D-Tenn).

Environmental critics are particularly interested in the state department’s hiring of Cardno Entrix of Texas to help prepare an analysis of the environmental impact of the project and facilitating the public hearings around the country. The company had a preexisting business relationship with the pipeline’s builder, Trans Canada.

The inspector general’s memorandum and the Congressional request for the investigation can be read by clicking here.

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Solyndra was the pie in the face, but Keystone XL is the rake in the yard the White House needs to avoid.

Approval of controversial pipeline is bad for the environment, and bad politics, as it would offend not just environmentalists, but voters of all stripes across America’s heartland who would have the pipeline run through their backyards. It is another ethics landmine that would invite more attack from the WH’s political enemies about pay to play politics– this time because of copious amounts of Big Oil influence-peddling. 

We’ve previously talked about Solyndra. It’s not a problem with solar or of federal investment, but of questions about campaign finance and due diligence, problems which also exist in the much larger loan program for nuclear, especially when nuclear energy companies have been such big campaign backers of Obama’s.

In fact, worth reading is Brad Plummer’s Five Myths About Solyndra from the Washington Post, a great take from Climate Progress about the Solyndra timeline showing the  and this post from Blue Virginia showing there’s plenty of blame to go across the partisan aisle for this mess.

Money in politics will ALWAYS create these problems.  You can see here how a wireless company was trying to trade on their big dollar donations to get access to the White House.  This is why Obama must champion REAL campaign finance reform, specifically full disclosure of all independent expenditures and public financing options for people running for Congress.

But that is a tough legislative mountain to climb– and not one that it seems the White House has the intestinal fortitude for, given their willingness to always “compromise” (read: capitulate) to the Powers That Be. But those Powers That Be don’t Be without the steady stream of money they pour into campaign coffers, so its unlikely that Obama would rush to reform that system that has, so far at least, worked out better for him than his opponents.

So while it is unlikely Obama can avoid the ethical morass and swampland that is money for access and favors, one landmine he can avoid in approving the Keystone XL pipeline that would bring the world’s dirtiest oil from Canada to Texas.

Not only should we be seriously questioning the safety and integrity of our pipeline system after spills from as far afield as downtown Salt Lake City to Kalamazoo to Yellowstone National Park, but this graphic from the New York Times shows the large spills we’ve had all over the country just from existing pipelines

The other question is obviously one of addiction. If we are to take seriously the metaphor of an addiction to oil, then Keystone XL is like a new meth dealer moving in next to our heroin dealer. Climate scientist Jim Hansen has called the approval of the pipeline “game over” for the climate.

But besides a discussion of the merits, there is the question of why is this the rake in the yard Obama needs to avoid? It starts with the voters, specifically those who will be affected by this pipeline.

Today at 1:30 pm Texas time, East Texas landowners who made up the group Stop Tarsands Oil Pipelines, or STOP, held a press conference detailing their opposition to this proposed monstrosity. Among their chief complaints were that the State Department had failed to account for the current devastating Texas drought in their environmental impact study.   From STOP:

Strike 3: State Dept’s 3rd Pipeline Assessment Ignores Texas Drought

DOS puts Europe/China’s oil supply ahead of water for 12 million Texans and ag lands as wildfires burn

East Texas cattle rancher Don Williams has trimmed his herd in half, lost calves to drought, and now faces wildfires burning just 20 miles from his ranch.  Even before all of this, Williams was concerned about the impact the proposed Keystone XL tar sands pipeline would have on water supplies in the Carrizo Wilcox aquifer, which most East Texans rely on.
When he learned that the State Department, in their review of the proposed pipeline, had not even looked at what drought conditions meant for the pipeline’s safety, he was outraged.
“We need that aquifer, and that they could just ‘overlook’ what’s happened here in the last year shows we can’t trust what they’re telling us,” said Williams who also serves on the City Council in New Summerfield, a town of just over 1,000 people. “Tar sands oil isn’t like regular crude – they’ve got to pack it with heavy metals and chemicals just to thin it down enough to pump it. The first pipeline they built spilled at least a dozen times in just one year of operation.”
A report released today by an East Texas group called Stop Tarsands Oil Pipelines corroborates Williams’s story, demonstrating

Drought? What Drought?

that the historic Texas drought, which has been devastating communities and grabbing headlines all summer long, was overlooked by the US State Department in its third and purportedly final environmental impact statement (FEIS) on the controversial Keystone XL tar sands pipeline.

“Texas is burning, our firefighters have faced 300 consecutive days of wildfire,” said David Daniel, STOP’s Founder and President. “I’ve seen firsthand that a tar sands pipeline spill in Michigan is still contaminating water 14 months later, putting 40 miles of the Kalamazoo River off limits. If we had a similar spill in Texas under conditions like these where could we go for water for our homes, farms, and ranches?”
The report issued by STOP examines the implications for operating the proposed pipeline, which would push the denser and more toxic tar sands oil at higher pressures and temperatures than conventional oil pipelines, during droughts like the one currently scorching Texas. According to STOP, the impacts of a severe drought were ignored by the U.S. State Department in its review of the environmental impacts of the proposal.
STOP also documents that the Texas Commission on Environmental Quality has placed six TransCanada water withdrawal permit applications on hold due to drought.
“If State Department had bothered to talk to any Texans they would have realized that pumping 830,000 barrels a day of tar sands crude through the middle of Texas would be a grave mistake,” said Don Williams, East Texas Cattle rancher and City Councilman, New Summerfield. “We need all the water we have to keep our farms and ranches in business.”
To make matters worse, says David Daniel, the oil being delivered by this pipeline may not be intended for U.S. consumption. He points to a report by oil industry economist Philip K. Verleger, which concludes that the tar sands oil is much more likely to be exported to global markets for consumption in China and Europe.
“They’re selling this pipeline to the public as energy security, but the truth is that U.S. demand for oil has flat-lined whereas China’s demand keeps growing,” says Daniel. “Dr. Verleger is an oil industry economist who just happens to also be honest about what he sees, which is more than I can say for TransCanada after dealing with them the last couple years.”

You should visit their website at stoptarsands.org to listen to the rest of their stories. Their full study on the drought vs. the pipeline can be found here. 

Beyond that, with lobbyist ties to the White House, this makes approving the decision for the Keystone XL the biggest affirmation that pay-to-play politics and revolving door between industry and government are alive and well in Washington DC. TransCanada, the owner of the proposed pipeline, hired former Clinton campaign staffer Paul Elliot and several other Obama staffers to lobby the State Department and the White House. Is it any wonder why their analysis would overlook something so obvious as the Texas drought when they are being lobbied to get this out the door as quickly as possible?

It’s worth noting this is the third flawed FEIS that the State Department has produced. Three strikes and you’re out? Well, if there was any justice in this world, yes, as it would be obvious this is not due diligence, but pure politics and a Potemkin village of looking at impacts to local residents and their water supplies. It is a boneheaded mistake, and makes it look like the Obama administration is full of a bunch of rookies, making obvious mistakes like forgetting drought.

If Obama wants to avoid having his Presidency resemble The Three Stooges any more, he needs to clean the pie off his face from Solyndra, and don’t even go close to that rake. He can’t afford another similar self-inflicted wound, especially one that is not only so avoidable but also happens to be the right thing to do.

Now where are those three nincompoop chandelier hangers I hired?

[youtube=http://www.youtube.com/watch?v=sxAk3B_zS5k]

 

 

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Over 260,000 Americans have told the State Department that they do not want the Keystone XL Tar Sands pipeline to receive a permit. After two recent spills (and averaging one a month) on the 1 year old Keystone pipeline (Keystone XL would extend that pipeline into Texas) it seems obvious that Americans are waking up to just how bad this project is.

Check out KETK for their recent story on the spill and overview of the project.

The State Department will decide soon on whether or not to grant this project the necessary “presidential permit” it needs for construction from Canada down through the central US. The future of energy lies in renewable energy – and that is where we should be investing in new infrastructure. This pipeline takes us in exactly the opposite direction towards a dirtier and more destructive fossil fuel. Contact your congressman and ask them to pressure the White House and State Department not to grant this permit.

http://whoismyrepresentative.com/

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The Texas Supreme Court, the state’s highest civil court, will hear a controversial case over whether a company that plans to build pipeline to carry carbon dioxide and natural gas from Louisiana to site south of Houston qualifies as a “common carrier,”  giving it the power of eminent domain. That means if they want to come through your property and you don’t want to sign the offer they make on your property, they can begin condemnation procedures to just take your property for what they think it is worthAnd that just ain’t right.

The case is scheduled for oral arguments before the Texas Supreme Court on April 19th.  At issue is whether the  Jefferson County trial court ruled incorrectly when it said Denbury was a common carrier (meaning besides the company’s private, for-profit use, the line would be available for public use as well) and therefore could force private landowners to sell right-of-way so the 320-mile stretch of pipe could be built.

The appeals court upheld the trial court.

The industry is watching the case closely, and so should you, as lawmakers this session are considering emergency legislation that would strengthen the position of private property owners in eminent domain cases.  If the Supreme Court rules in the company’s favor and the legislation is passed, we could see a whole network of new pipelines snaking across areas of northeast and east Texas as natural gas companies expand their fracking projects and with a Canadian company pushing the tar sands pipeline from Western and Central Canada, down through the middle of the country on its way to crude refineries in the Houston area.  And they’ll be singing:

So Lord help the sister, who comes between me and my pipeline terminus.

To see the court documents filed in the case, click here.

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By promoting cleaner energy, cleaner government, and cleaner air for all Texans, we hope to provide for a healthy place to live and prosper. We are Public Citizen Texas.

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Keystone XL

TransCanada's map for the proposed pipeline.

While the Department of Energy took a step towards cutting the emissions of the state by approving a Carbon Capture and Storage project for Texas which will start early next year, a nasty tar-sand Pipeline is set to penetrate through Texas land and be completed by late 2011. The first segment of the line which extends from Alberta to Illinois has already been completed and will be functioning next month. The second segment (Texas and Oklahoma) of the Keystone XL line will be built by the Canadian oil and pipeline company, TransCanada.

The line will end in Houston, where the crude oil will be refined. In addition to the fact that pipelines are not the safest to be around as we saw a couple of them blow up just in the past week, the line will carry tar-sands, one of the dirtiest sources of oil. This source of oil is estimated to have as much as three times more emissions than other oil sources when produced, keep in mind that it will be refined in Houston, a city that is already in non attainment of federal air quality standards.

TransCanada also applied for a special permit to build the line thinner than what the standards require. The segment already built in Illinois was approved for using a thinner pipe, a method which the United Steelworkers had warned last year that it “would increase the risks of ruptures, leaks and spills and lessen pipeline safety by the use of thinner pipe and greater operating pressure.” State Department approval for the Texas-Oklahoma segment is pending.

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By promoting cleaner energy, cleaner government, and cleaner air for all Texans, we hope to provide for a healthy place to live and prosper. We are Public Citizen Texas.

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