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KXL protest - Texas activistsAccording to a press release by NRDC and Oil Change International, new data released by the U.S. Energy Information Administration (EIA) proves that, as President Obama has emphasized in recent comments, the proposed Keystone XL tar sands pipeline would serve primarily as an export pipeline, bringing dirty Canadian tar sands crude to the international market.

The Energy Information Administration (EIA) says refineries in Port Arthur and Houston, which would be the primary recipients of crude oil delivered by the Keystone XL pipeline, have exported a growing share of their refined products over the last two years. In 2013, the percentage of product exported was 55%; in 2014 it was up to 60%, and by December of last year it was up to over 66%.

Keystone supporters have long argued that the tar sands the pipeline would transport would stay in the United States, and the president has taken criticism for his recent comments arguing that the tar sands pipeline would essentially “bypass” the U.S., including from the Washington Post “Fact Checker.”

But as Politico’s Elana Schor notes, “That ‘Fact Checker’ piece, however, largely addressed the export prospects of Keystone’s unprocessed heavy crude. On the question of whether the refined products generated by the pipeline’s oil would be sold overseas, it cited only a report by IHS, a consulting firm frequently hired by the industry.”

The oil industry and their allies can push out all the talking points they want about energy security, but the facts are clear: Keystone XL is an export pipeline, and would bring plenty of risks but no rewards for the American people.

 

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In February 2013, 40 intrepid Texans from from all over the state, (Corpus Christi, Houston, Dallas, East Texas, and Austin), boarded a bus and traveled 34 straight hours to join folks in an inspiring event where Bill McKibben of 350, Michael Brune of Sierra Club, other speakers from prominent eco groups and celebrities in the largest rally ever held in history in Washington, DC.  In the freezing February weather, between 40,000 to 50,000 people from around the country came together and said NO to the Keystone XL pipeline.

Among the Texans on the long bus trip were three filmmakers from Dallas.  Sponsored by DOLPHIN BLUE, they documented the trip and interviewed the young people who were joining this fight.  There is also a portion of the movie which shows exclusive footage and interviews with first responders and residents affected by the devastating tar sands spill in Mayflower, Arksansas due to Exxon’s Pegasus pipeline rupture with interviews and footage of the neighborhood.

That movie, Cry Heard ‘Round the World, premiers with a free screening on Thursday, March 20th in Dallas and if you are in the area we hope you consider seeing this new film.

Check out the  trailer and reserve your seat below.

[youtube=http://youtu.be/58jD4wRTvKo]

Click here to reserve your seat at this FREE movie

Cry Heard ‘Round the World
Angelika Film Center
5321 E Mockingbird Ln
Dallas, TX 75206
THURSDAY, MARCH 20 at 8 pm

Seats are filling up quickly, and reservations are on a first come, first serve basis.  

 

After the film, there will be a panel
with landowner Julia Trigg Crawford, who STILL has her fight at the Texas Supreme Court against KXL,
Rita Beving of Public Citizen and David Griggs of Sierra Club
to talk about the rally and tar sands
Others who were at the rally may join the discussion.

 

 

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Blog post by Vanessa Ramos and Max Anderson

2014-03-07 No KXL Austin March

KXL protesters march to the Austin Club
Photo by Kaiba White

The heat has been turning up on the State Department and President Obama this past week from KXL Dissent. Nearly 400 youth were arrested while protesting against the Keystone XL tar sands pipeline in front of the White House this past weekend, which was the largest youth act of non-violent civil disobedience at 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. The momentum to stop this climate-killing pipeline has been building all across the country, and yesterday people in Austin made their stand against toxic tar sands.

People gathered at the south gates of the Texas Capitol and marched to Austin Club to have a welcoming demonstration for Canadian Ambassador Gary Doer, who was in town to give a speech promoting the Keystone XL pipeline, among other things.  Public Citizen, Sierra Club, Austin Climate Action Network, and Environment Texas organized the event, but opposition to the pipeline extends well beyond environmental groups and includes many conservative landowners.

Banner pointing to the Austin Club Photo by Kaiba White

Banner pointing to the Austin Club
Photo by Kaiba White

Banners hung from the parking garage next door to the Austin Club greeted the protesters.  People carried signs and marched to the sounds of djembe, pots and pans, cornet and chanting.

Attendees for Ambassador Doer’s luncheon had to walk through the crowd of about 30 chanting protesters who formed a picket line in front of the entrance.

2014-03-07 No KXL Austin ProtestYesterday marked the end of the public comment period with the State Department for the Keystone XL pipeline. This was the last chance for citizens to officially weigh in on the issue. President Obama still has 60 more days to hear from the different government departments as to whether they think the pipeline will be in our national interest. President Obama is expected to make a final decision on whether or not to approve the pipeline by the middle of summer.

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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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Enbridge storage tank - photo from Dan Riedlhuber, Reuters

Enbridge storage tank – photo by Dan Riedlhuber, Reuters

A second Canadian pipeline company has its permit tied up in the State Department’s approval process. Enbridge, Canada’s largest pipeline company, is trying to expand its Alberta Clipper line, but is now facing delays.

Enbridge started up its first phase of the line, which has a capacity of 450,000 barrels per day (bpd), in 2009, after obtaining a U.S. federal permit from the State Department. Enbridge is now looking to expand its capacity, but the State Department says it needs to do further environmental analysis before granting Enbridge the go ahead to expand its Alberta to Wisconsin pipeline.

Enbridge is not looking to build another pipeline; rather, they are trying to increase capacity by 120,000 bpd for a total of 570,000 bpd. Beyond that, they would like to expand from 570,000 bpd to 800,000 bpd in the near future, which is almost as much tar sands oil as the proposed Keystone XL would carry.

“Obviously, things take longer in this environment that we’re in. I don’t think we want to draw any conclusions about the political environment. It’s not something that we can control. What we control is the fullness of our application,” CEO Al Monaco told reporters and analysts on a conference call to discuss the company’s fourth-quarter results, which included a net loss. “In this case, this is a fairly routine matter. The pipeline’s already in the ground, so we’re hoping that we move this along as quickly as possible.”

Another Canadian pipeline company, TransCanada, has been seeking U.S. approval of their Keystone XL pipeline since 2008. The Keystone XL would cut across the heartland of America bring up to 830,000 bpd of Canadian tar sands into the U.S. The Keystone XL has become highly politicized with many environmental groups lobbying and taking direct action against the pipeline.

Although Enbridge has managed to escape the same level of scrutiny as their competitor TransCanada, they have still faced opposition from activists in Canada and Michigan.

Enbridge is also the company behind the largest on-shore oil spill in U.S. history. Enbridge spilled more than one million gallons of diluted bitumen (dilbit, or tar sands oil) into Talmadge Creek in Marshall, MI, which then flowed 30 miles downstream into the Kalamazoo River in the late summer of 2010. Enbridge has spent nearly a billion dollars trying to clean up the spill over the last three years, but latest reports confirm that there is still oil in the Kalamazoo River.

Enbridge also owns several other tar sands pipelines aroung the country, including the Seaway pipeline system in Texas. Enbridge is currently expanding the Seaway pipeline system by the process of twinning. The new twin Seaway line will be a 30-inch diameter pipeline, and havea capacity of 450,000 bpd. Company officials are expecting a service date in 2014.

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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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The Keystone XL pipeline in Texas is slated to start up next week, pumping toxic tar sands to refineries along the Texas Gulf Coast, unless Texas Attorney General Greg Abbott steps up to protect our land and water.

Now is the time to email Texas Attorney General Abbott and ask him to use his broad powers to demand the federal government conduct safety inspections of the Keystone XL before it starts.

Junk pipe with signLast November Public Citizen came out with a report detailing hundreds of anomalies at over 125 sites where pipeline was dug up along the route in Texas. CBS News reported on Public Citizen’s report and on warning letters (click here and here to see two from last September) issued by PHMSA, the federal agency that oversees pipelines, to get TransCanada to fix their faulty pipes.

We already know the dangers that communities face from toxic tar sands, whether it’s the land owners whose property is at risk from a spill or the fence line communities that live adjacent to the referies and have to breathe the toxic emissions .

Director of Public Citizen Texas Tom “Smitty” Smith says, “Attorney General Abbott claims to believe in private property rights. If he really does, he should take action now to protect landowners in East Texas from tar sands contamination.”

Click here now to help pressure Attorney General Abbott to protect Texas landowners and water supplies before it is too late.

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TransCanada had announced start up dates for the southern section of Keystone XL for January 3rd, then changed that to mid to late January, then announced startup began on Saturday, December 7th.

Keystone pipeline southern leg - 1Following reports of hundreds of flaws that could lead to spills in the southern segment of the Keystone XL, Texas residents and environmentalists today called for the Pipeline and Hazardous Materials Safety Administration (PHMSA) to halt the start-up of the pipeline.

According to media reports, on Saturday, TransCanada started pumping oil through Keystone XL’s southern leg, which runs nearly 500 miles from Oklahoma to the Texas coast.

“Pumping highly toxic tar sands crude through that line is an irresponsible act that shows a complete disregard for both public and environmental safety,” said Tom “Smitty” Smith, director of Public Citizen’s Texas office.

The grassroots organization Nagadoches County STOP, which has campaigned against the pipeline’s southern segment, said: “The problems associated with the pipeline’s construction directly impact our sense of security, the lives of our children, and where we live. For those of us along the pipeline, the struggle is personal. We have to protect the places and people we love. There have been far too many problems with this pipeline, and it’s running through our community without any clear, local preparation for addressing a spill or leak.”

In two September warning letters to TransCanada, PHMSA identified hundreds of problems with the pipeline. In one of the letters, PHMSA said that nearly 50 percent of the welds – 205 out of 425 – in a single section of the southern segment needed repairs.

In another letter, PHMSA said 98 sites were excavated because of other problems with the pipe, and rocky backfill used around the pipeline may have caused dents found in the pipe.

In its own study, Public Citizen documented that TransCanada had undertaken 125 excavations for possible “anomalies,” welds, dents and other problems that could lead to leaks and spills.

PHMSA’s Freedom of Information Act (FOIA) office has not yet provided records in response to multiple requests for information about those flaws and any attempts to correct them, but it did not meet the requests before the weekend pipeline startup.

In an email to Public Citizen, PHMSA FOIA office said it would take weeks to process Public Citizen’s request.

“Now the pipeline is being filled, and we have absolutely no idea whether it’s safe,” Smith said. “Both PHMSA and Congress have shirked their responsibility to the public and the environment. There were 14 spills along the first phase of Keystone XL in the very first 14 months of its operation. Congress and PHMSA should have taken it upon themselves to make sure it doesn’t happen again.”

The southern segment crosses 631 streams and rivers in Texas alone, and it is located within miles of many cities and towns.

Public Citizen twice asked Congress to urge PMHSA to make sure that the flaws had been corrected and conduct other inspections to ensure that the pipeline is safe. “Now is the time for Congress to act before commercial operations begin,” said Smith.

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Congressional Oversight Hearings are Needed on the Keystone XL Pipeline Construction to Protect Health and Safety of the Public and Environment

Keystone pipeline southern leg - 1The bad news about the Keystone XL pipeline just keeps coming.

After months of research, Public Citizen has brought to light the grave risks posed by sub-standard construction of the southern portion of the Keystone XL pipeline. Poor welds, dents and other problems in the pipeline have led to TransCanada excavating it in 125 places to conduct repairs.

TransCanada’s poor safety record speaks for itself. The company’s Bison natural gas pipeline exploded within the first six months of operation, and the first phase of Keystone XL spilled 14 times in the first 14 months of its operation, according to the State Department’s August 2011 report on the pipeline.

Now TransCanada wants us to believe that all of the “anomalies” — that’s how they refer to over 200 instances of poor construction — have been identified and fixed and the pipeline is safe.

Say “no” to trusting TransCanada.

Ask Congress to hold oversight hearings on the pipeline before it is filled with toxic tar sands oil.

This pipeline is a disaster waiting to happen.

Not only is there a very real danger of the pipeline spilling toxic tar sands oil on private property and into waterways, but the climate change impact of the pipeline will undo all the progress we’ve made by reducing domestic use of coal.

The safety of the public and the environment must be protected.

Send a message to Congress asking for a full review of the pipeline’s construction practices to protect public safety and the environment.

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Three pinocchiosWashington Post’s “Fact Checker” took issue today with a misleading television ad, sponsored by TransCanada in support of the Keystone XL tar sands pipeline. The ad, titled “TransCanada Keystone XL Pipeline: Eliminate America’s reliance on foreign energy” urges Americans to support the pipeline on the basis that it would free the United States from its dependence on foreign countries for energy security.

After addressing the obviously ridiculous claim that imported tar sands from Canada qualifies as domestic energy, noting that “last we had noticed, Canada was still a foreign country,” the Fact Checker took a closer look at other claims made in the ad, including highly questionable job creation numbers.

Based on TransCanada’s history of having a complicated relationship with the truth, it should come as no surprise that this latest ad earned them “three Pinocchios”.

Thanks to Friends of the Earth for pointing this out to us today.

From the Washington Post:

The Pinocchio Test

The Fact Checker takes no position of the politics of the pipeline but TransCanada can’t have its cake and eat it too. The ad shouldn’t cite State’s induced-jobs figure while the company dismisses State’s more relevant calculation of the number of actual construction jobs created in a year. If the 40,000 jobs is good enough for the ad, TransCanada should also accept the 3,900 figure.

Meanwhile, the ad’s initial emphasis on dependence on Middle East oil is specious. Thanks to the fracking boom, the United States is increasingly energy independent — and much of the oil that is imported comes from friendly nations such as Canada. We realize that such ads often use shorthand, but the two main headlines in the ad claim that 40,000 jobs will be created and that the pipeline will eliminate reliance on foreign energy. The caveats in the voiceover don’t really excuse the shortcuts in the headlines.

We wavered between Two and Three Pinocchios. But ultimately we decided that given this is an ad for a pipeline to import Canadian crude oil into the United States, it’s really worthy of a late-night satire.

Three Pinocchios

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UPDATE:  If you didn’t catch the CBS national news report on Tuesday, November 12th on the problems with the Southern Segment of Keystone XL, click here.

Public Citizen Calls for Congressional Oversight Hearings and Delay in Startup 

As the Obama administration considers whether to approve the Keystone XL pipeline’s northern segment, owner TransCanada faces serious questions concerning construction and pipeline integrity issues on the Texas portion of the pipeline that throw its safety into question, Public Citizen said today.

In light of the problems – documented in Public Citizen’s newly released report, “TransCanada’s Keystone XL Southern Segment: Construction Problems Raise Questions About the Integrity of the Pipeline” – citizens and elected officials should call for a delay in startup until an investigation into its safety is completed.

The report documents construction problems and apparent engineering code violations along the Texas portion of the southern segment of the pipeline. The full southern segment, scheduled to be filled with oil by the end of 2013, will run from Cushing, Okla., to refineries on the Gulf Coast of Texas. It traverses 631 streams and rivers in Texas alone (see http://texaspipelinewatch.files.wordpress.com/2013/09/watersheds.pdf).

The apparent problems documented in the report include pipe being installed as part of new construction that had excessive bending or sagging, and peeling patches of field coating applied to cover damage on pipe about to be placed into the ground.

The report also notes more than 125 excavations in 250 miles of possible “anomalies” on pipe that had been buried for months. Those anomalies included dents, sags and other problems that could lead to spills or leakage of toxic tar sands crude.

“The government should investigate, and shouldn’t let crude flow until that is done,” said Tom “Smitty” Smith, director of Public Citizen’s Texas office. “Given the stakes – the potential for a catastrophic spill of hazardous crude along a pipeline that traverses hundreds of streams and rivers and comes within a few miles of some towns and cities – it would be irresponsible to allow the pipeline to start operating.”

Public Citizen also urges President Barack Obama and Secretary of State John Kerry, when deciding on the northern leg of Keystone XL, to consider TransCanada’s record of construction problems and code violations, and the pipeline’s potential impact on the sensitive areas of the Ogallala aquifer, which provides drinking water for millions of people, and the Sand Hills region of Nebraska, which the pipeline route crosses.

The report, available at http://www.citizen.org/documents/Keystone report – November 2013.pdf, encapsulates information gathered by Public Citizen, whose consultant traveled the area from May through June. Public Citizen collaborated with former TransCanada engineer and whistleblower Evan Vokes, who worked for TransCanada from 2007 to 2012 in the division responsible for construction standards.

For the report, landowners were interviewed, excavation sites were observed, video was reviewed and hundreds of photos of damaged pipe and work sites were examined. Observers also flew over the pipeline route several times.

In some areas, observers noticed stakes marked with “anomalies,” placed by TransCanada, with companion stakes marked “welds” and “dents.” One landowner reported that TransCanada contractors said as many as 70 anomalies were found in a 60-mile stretch between the Sulphur and the Sabine rivers in Texas.

TransCanada has claimed that the excavation and replacement of new pipe demonstrates its commitment to implement 57 special conditions of quality assurance and to build a “state-of-the-art” pipeline.However, TransCanada has had a history of problems with pipeline construction and safety for two decades:

  • During the construction of Keystone I, TransCanada pledged to meet 50 special conditions. But more than 47 anomalies along the line in four states had to be retested, and the Keystone I line spilled 12 times in the first year of operation.
  • In July 2011, TransCanada’s Bison natural gas pipeline exploded within the first six months of operation, blowing out an approximate 40-foot section of pipe. TransCanada had been warned of potential quality problems with construction and inspection.
  • In the 1990s, Iroquois Pipeline Operations, a subsidiary of TransCanada Pipelines Ltd., and four senior executives pleaded guilty to knowingly violating environmental and safety provisions of the pipeline construction permit. Iroquois executives had promised a pipeline of exceptional safety.

Public Citizen is calling on the Pipeline and ­­Hazardous Material Safety Administration (PHMSA) to review TransCanada’s construction quality assurance records, determine whether state and federal laws have been violated, and not permit the start of operations on the southern leg of the Keystone XL until the entire line has been hydrostatically retested – a sophisticated process that sends water through a pipeline at a specified level of pressure higher than the maximum operating pressure to test the integrity and strength of a pipeline. The southern segment also should be tested by an inline caliper device called a smart pig to look for integrity problems.

Public Citizen also calls on Congress to hold oversight hearings to ensure that PHMSA investigates and addresses the safety of the pipeline.

“TransCanada’s history with pipeline problems speaks for itself,” Smith said. “I fear we could be looking at another pipeline whose integrity may be in question.”

Citizens can:

  • Call upon Congress to hold oversight hearings to assure that the pipeline is retested and its safety is ensured;
  • Attend one of seven upcoming citizen hearings on the safety of the pipeline in East Texas (see http://texaspipelinewatch.org/calendar/ for schedule and addresses);
  • Meet with local first responders and ask county governments to develop tar-sands-spill- emergency response plan; and
  • Ask legislators to reform Texas common carrier laws pipeline and pipeline safety standards.

 

For  video of pipeline issues, see http://nacstop.org/EastTexasObserver.html.

June 16, 2013 tape

  • sagging, 4.38-4.59 minutes;
  • coating problem, 5.25-6.12 minutes;
  • anomaly mark, 6.24-7.10 minutes.

See May 31, 2013 tape

  • sagging, 26-31 seconds;
  • water, 4.59 minute
  • unsupported pipe, 4.29-6.20 minutes

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