EXTRACTED: Daily News Clips 10/12/22
PIPELINE NEWS
Star Tribune: U.S. judge rejects last challenge to Enbridge's Line 3
Bloomberg: Mountain Valley Pipeline Consult Flagged
InsideClimate News: Pressing Safety Concerns, Opponents of the Mountain Valley Pipeline Gear Up for the Next Round of Battle
Michigan Advance: Line 5 foes want ‘broad, thorough review’ of tunnel project as Army Corps wraps public comment
WSJM: Michigan Environmental Groups Oppose Oil Pipeline Project Under Great Lakes
HuffPost: White House Puts Up $2 Billion In Loans For Controversial Buildout Of CO2 Pipelines
Bloomberg: Exxon Mobil Weighs Takeover of Oil Recovery Specialist Denbury
Des Moines Register: Iowa pipeline regulators reject tribe's request for environmental impact study
Reuters: Carbon pipeline surveyors can't have early access to private property - Iowa court
Sioux City Journal: Woodbury Judge denies CO2 pipeline company's injunction request to survey private property in Moville
Iowa Capital Dispatch: Landowner claims early victory in pipeline fight
Dakota News Now: Residents near CO2 pipeline rupture in Mississippi share their story
Dakota News Now: Summit Carbon pushes back on CO2 pipeline safety concerns
Dickinson Bulletin Review: Supervisors discuss carbon pipeline concerns
Oelwein Daily Register: Concerned residents hosting meeting on CO2 pipeline tonight in Fairbank
Moody County Enterprise: C02 Pipeline application filed
Associated Press: Utilities Commission says CO2 pipeline fee could be $400,000
KCAU: Summit Carbon gives update on pipeline to Woodbury County Board of Supervisors
The Gazette: Wolf will hold new meetings on CO2 pipelines after review showed inadequate notice
Omaha World-Herald: Pipeline company, ethanol plant plan carbon capture pipeline in Nebraska Panhandle
Bloomberg: Canada May Forgive Billions in Pipeline Debt, Economist Says
WBRE: DEP hearing on proposed pipeline expansion project
Los Angeles Times: Oil sheen contained in Talbert Channel near site of last year’s major O.C. pipeline spill
VPM: Elder activists use 'gray superpower' to fight completion of Mountain Valley Pipeline
Roanoke Times: Friends of Nelson premieres documentary on Atlantic Coast Pipeline fight
WASHINGTON UPDATES
Washington Post: How a pricey taxpayer gamble on carbon capture helps big oil
Roll Call: Pipeline safety agency with big task lacks key resources
The Fabricator: New welding standards on the way for pipelines and energy distribution?
E&E News: Inside The Environmental Justice Movement's Big Win
E&E News: 5 Things To Watch As Senate Launches Defense Bill Debate
The Advocate: As public comment ends for Biden oil and gas leasing plan, details for 2023 leasing emerge
InsideEPA: Fearing Permit Scrutiny, Industry Braces For EPA’s Heightened EJ Focus
Politico: Permian pipelines leak more methane than EPA estimates — study
STATE UPDATES
KFYR: ‘We have the solutions to climate change’: ND leaders meet in Bismarck
MPR: MPCA settles lawsuit with longtime employee who raised petroleum complaints
The Lens NOLA: ‘Blue hydrogen’ project threatens fragile, valuable ecosystem of Lake Maurepas, residents fear
LA Daily News: Los Angeles City Council energy committee unanimously backs ban on new oil wells and sends issue to full council
U.S. EPA: Seaport Refining to Pay $127,000 Penalty Under Settlement with EPA Tied to Refinery in Redwood City
EXTRACTION
Reuters: New premier in Canada’s oil-rich Alberta set to defy Trudeau
CLIMATE FINANCE
Reuters: Louisiana to remove $794 mln from BlackRock funds over ESG drive
Impact Alpha: Five steps to greening your 401(k) – and why it’s harder than it should be
OPINION
Common Dreams: Manchin's Dirty Deal Goes Down—Now What?
Forbes: For The U.S., There Is No Net-Zero Without Major Permitting Reform
PIPELINE NEWS
Star Tribune: U.S. judge rejects last challenge to Enbridge's Line 3
Mike Hughlett, 10/10/22
“A federal judge has rejected claims by environmental groups and Ojibwe bands that the Army Corps of Engineers failed to adequately review Enbridge's Line 3 pipeline,” the Star Tribune reports. “...The court concludes that the Corps complied with its obligations to assess the environmental consequences associated with its permits to Enbridge," wrote Judge Colleen Kollar-Kotelly of the U.S District Court for the District of Columbia… "Like Minnesota state government regulators, agencies, our courts and so-called leaders, the federal court has again failed Indian people and Minnesota's most pristine waterways and landscapes," wrote Winona LaDuke, head of the indigenous environmental group Honor the Earth, in a statement… “Pipeline opponents say the new Line 3, which partly follows a new route, has opened a new region of Minnesota lakes, streams and wild rice waters to oil spill degradation, as well as exacerbating climate change… “They claimed the Corps did not properly evaluate the pipeline's impact on climate change and that the agency should have conducted its own environmental impact statement (EIS) on Line 3 — instead of relying on an EIS done by the state. Their suit also alleged that the Corps failed to fully assess Line 3's impacts on the tribes' treaty rights to hunt, gather and fish. Judge Kollar-Kotelly rejected all of those contentions. She agreed with the Corps' argument that it regulates only the construction of the pipeline, and therefore has no purview over climate change effects caused by Line 3's operation. The Corps consulted with tribes and reviewed comments from the PUC on environmental justice, she wrote. And the Corps did not need to repeat the state's EIS, she wrote. "The Corps' regulations explicitly direct the district engineer to 'whenever practicable incorporate by reference and rely upon the reviews of other Federal and State agencies,'" the judge wrote.
Bloomberg: Mountain Valley Pipeline Consult Flagged
10/11/22
“A coalition of environmental groups claimed federal officials improperly started the clock on consultation for a permit for the Mountain Valley Pipeline, raising concerns about transparency around the proposed natural gas pipeline,” Bloomberg reports. “The change in timing gives the groups less time to submit information before the Fish and Wildlife Service issues its opinion on the environmental effects of the project, the coalition said. The Federal Energy Regulatory Commission hadn’t submitted a written request for re-initiation of consultation under the Endangered Species Act for a revised biological opinion, according to a letter Friday from the Sierra Club and seven other groups…”
InsideClimate News: Pressing Safety Concerns, Opponents of the Mountain Valley Pipeline Gear Up for the Next Round of Battle
Phil McKenna, 10/7/22
“As the U.S. Senate begins a month with two extended recesses, Maury Johnson of Greenville, West Virginia, has a proposal for how Sen. Joe Manchin (D-W.Va.), someone he considers an old family friend, could best spend the break,” InsideClimate News reports. “Joe is an outdoorsman,” Johnson said from his hotel room in Washington, where he and other opponents of the Mountain Valley Pipeline had spent the better part of a week urging Congress not to fast-track approval for the long-delayed natural gas transmission project. “He likes to hunt. He likes to get up in the mountains. He’s done many campaign ads about how beautiful West Virginia is in the fall.” “I can take him not far from his house in Farmington,” Johnson, a retired educator and administrator who lives 800 feet from the pipeline, told ICN. “I can take him to this pipeline route and show him some of the horrible things that are going on.” For example, Johnson would like Manchin to take a close look at aging pipes that have been left above ground, exposed to the elements for years, and places where land slippage threatens pipe sections that have already been laid underground… “Manchin, who chairs the Senate’s Energy and Natural Resources Committee, has vowed to continue to push for a permitting bill that would speed approval of the $6.6 billion project. And Schumer, a New York Democrat, is in his corner: Over the summer, he pledged to help ease the way for the pipeline’s completion in exchange for Manchin’s recent support of the Inflation Reduction Act, which included more than $350 billion in climate and clean energy funding… “Johnson and many other landowners along the pipeline’s route are campaigning to block those approvals: Already they view the project as a scar across two states that cuts through forests and farmland and fouls mountain streams and wells with construction sediment. They also worry about a potential for a rupture in the high-pressure pipeline, which measures three and a half feet in diameter.”
Michigan Advance: Line 5 foes want ‘broad, thorough review’ of tunnel project as Army Corps wraps public comment
LAINA G. STEBBINS, 10/7/22
“The final public input session for a federal environmental review of the Line 5 tunnel project concluded Thursday evening, with around 100 concerned citizens from Michigan, Minnesota, Wisconsin, Ohio, Illinois, New Jersey, Canada and more arguing for and against the merits of a new, tunnel-encased Line 5 pipeline replacement,” Michigan Advance reports. “The sentiments for and against the tunnel were split fairly evenly. The majority of pro-tunnel comments came from industry workers, individuals on fixed incomes and those worried about propane and gas prices. Opponents to the project and Line 5 as a whole ranged from tribal citizens to policy experts and environmentally concerned citizens, and urged the U.S. Army Corps of Engineers (USACE), Detroit District to implement the most thorough review possible. Originally scheduled for three hours, the meeting went two hours longer than planned due to a large influx of individuals wishing to speak… “Both the current pipeline and its proposed replacement are opposed by all 12 federally recognized tribes in Michigan, in addition to tribes in Wisconsin that are fighting the pipeline as it passes through their treaty territory. Indigenous water protectors from tribes in Michigan, Wisconsin and Minnesota all spoke during the public input session Thursday. “Consultation is not consent and they [the tribes] are saying no,” one participant said. Another participant, climate justice organizer Andy Pearson from Minnesota, said the Detroit District need only look into what’s happened with Enbridge’s Line 3 pipeline in Minnesota to know whether to trust the Canadian company. “Let our experience serve as a warning that this company will try to make you believe that they’ve done their due diligence when they have not. A mountain of assurances is not worth much once irreversible damage has been done,” Pearson said. Other opponents to the tunnel project encouraged a comprehensive review of the climate change impacts brought by a new, 99-year lease with a fossil fuel project. Other concerns mentioned were wastewater discharge into Lake Michigan, the structural integrity of the Mackinac Bridge from blasting in close proximity, Enbridge’s record of historic oil spills, an “inadequate” geotechnical report from Enbridge, fears about a possible explosion during construction, and bentonite slurry from construction that could kill fish.”
WSJM: Michigan Environmental Groups Oppose Oil Pipeline Project Under Great Lakes
10/10/22
“The long-running feud between Canadian energy giant Enbridge and a coalition of Michigan environmentalists and tribal nations has reached another milestone,” WSJM reports. “Enbridge is proposing to build a tunnel to carry an oil pipeline under the Straits of Mackinac, which connects Lake Michigan with Lake Huron. The U.S. Army Corps of Engineers recently held three “scoping” meetings as part of evaluating the project’s environmental impact… “Sean McBrearty, campaign coordinator for the environmental group Oil and Water Don’t Mix, told WSJM digging a tunnel for an oil pipeline under the Great Lakes is a recipe for disaster. “They’re talking about building this directly under the profile of the existing pipeline,” McBrearty told WSJM. “A tunnel would not only be horribly hazardous to any workers inside the tunnel and to the project, but could potentially even cause an oil spill in the pipeline above it…“We’re asking the Army Corps to really take a look at Enbridge’s corporate history,” McBrearty told WSJM. “Which includes the Kalamazoo oil spill, where essentially negligence at Enbridge caused one of the largest inland oil spills in U.S. history… “If this pipeline ruptures, if something goes wrong, there’s actually a good chance that Enbridge’s subsidiaries could just go bankrupt,” McBrearty told WSJM. “Taxpayers would be left paying for a major oil cleanup in the Great Lakes.” He added the Corps of Engineers has received thousands of comments, most of them opposing Line 5.”
HuffPost: White House Puts Up $2 Billion In Loans For Controversial Buildout Of CO2 Pipelines
Alexander C. Kaufman, 10/6/22
“To hit its climate goals, the United States is betting on technology that captures planet-heating carbon dioxide at industrial plants before it enters the atmosphere. For that hardware to make sense financially, the country will need as many as 30,000 square miles of new pipelines ― more than all the gas pipelines in California, New York and Pennsylvania combined — to ship that CO2 from where it’s captured to where it can be used or buried underground,” HuffPost reports. “The Biden administration is ready to make the down payment on that infrastructure buildout. On Thursday, the Department of Energy launched a $2 billion loan program to fund construction of pipelines, rail transport and other shipping methods, the agency told HuffPost. Called the Carbon Dioxide Transportation Infrastructure Finance and Innovation program, or CIFIA, the fund will be available through 2026, unless it’s fully spent before then, and will be administered jointly by the Energy Department’s Loan Programs Office and Office of Fossil Energy and Carbon Management. “One giant challenge in deploying carbon management technologies to reduce emissions is to be able to transport the CO2 to where it is ultimately sequestered or used up,” Energy Secretary Jennifer Granholm said in a statement to HuffPost. “The CIFIA program will help industry overcome the challenges to accessing the upfront capital needed to build shared infrastructure projects that are essential to advancing our clean energy economy.” The program will undoubtedly draw some controversy, and possibly resistance from landholders and other stakeholders regarding proposed pipelines… “Landowners and environmentalists who oppose new pipelines are also organizing against proposals like the Summit Carbon Solutions plan to build a 680-mile project through Iowa for carbon dioxide captured at ethanol plants.”
Bloomberg: Exxon Mobil Weighs Takeover of Oil Recovery Specialist Denbury
Kiel Porter, 10/10/22
“Exxon Mobil Corp. is considering a takeover of Denbury Inc., an oil and gas producer with the largest carbon dioxide pipeline network in the US, according to people familiar with the matter,” Bloomberg reports. “Exxon has expressed preliminary interest in the Plano, Texas-based company, said the people, who asked to not be identified because the matter isn’t public… “Denbury has more than than 1,300 miles (2,092 kilometers) of pipelines in the Gulf Coast and Rocky Mountains dedicated to transporting carbon dioxide. Carbon capture is the bedrock of Exxon’s climate strategy, which aims to eliminate operational emissions by 2050, and buying Denbury would give the oil giant critical and hard-to-replicate infrastructure as it pursues that goal. If the takeover happens, it would also be the biggest carbon-management investment since the Inflation Reduction Act passed in August, providing large tax incentives for burying carbon dioxide… “Executives including Exxon CEO Darren Woods have praised the act for its financial support for carbon capture, which Morgan Stanley says could be highly profitable in the future… “Earlier this year, Exxon pledged to spend $15 billion on lower-carbon investments through 2027, with carbon capture as a priority.”
Des Moines Register: Iowa pipeline regulators reject tribe's request for environmental impact study
Donnelle Eller, 10/10/22
“Iowa regulators have declined a Winnebago tribal request that Summit Carbon Solutions conduct a state-level environmental impact study of its proposed $4.5 billion carbon-capture pipeline across Iowa,” the Des Moines Register reports. “The Iowa Utilities Board said Thursday that the Ames company will address its proposed pipeline's environmental impact in connection with its request for a permit to build the 680-mile project across 29 Iowa counties. The three-member board has not yet set a date for Summit's permit hearing. "It will be necessary for Summit Carbon to file testimony and exhibits that address the environmental permits and authorizations it needs to construct the proposed pipeline," the board said in its order. It added that "other parties may file testimony and exhibits in response to the evidence presented by Summit Carbon" and cross-examine the witnesses on environmental issues. The Winnebago Tribe of Nebraska has a reservation in Dakota County, Nebraska, and Iowa's Woodbury County, straddling the Missouri River. It requested in June that the Iowa Utilities Board, the U.S. Army Corps of Engineers and the two counties, require Summit — as well as Navigator CO2 Ventures, which also wants to build a carbon capture pipeline — to conduct environmental impact studies. The filing that included the tribal council's resolution seeking the studies says the tribe "opposes the issuance of any permit that could negatively impact its lands or water or that of its neighbors." The three-member utilities board said it would address the request for environmental studies by Navigator in a separate order. It was not available Friday… “The Iowa Chapter of the Sierra Club said in a filing supporting the Winnebago tribe's request that the utilities board has an "obligation to ensure protection of the environment in considering pipeline projects." The group added that the board instead "passes the buck to other agencies," such as the Iowa Department of Natural Resources, the U.S. Environmental Protection Agency and the U.S. Army Corps of Engineers, which then claim to have "limited jurisdiction." “...The projects have been controversial, garnering thousands of objections, many focused on the possible use of eminent domain to force unwilling landowners to sell access to their land for the pipelines' construction. Residents also have voiced concern about the pipelines' safety and the impact construction would have on farmland and underlying drainage systems.”
Reuters: Carbon pipeline surveyors can't have early access to private property - Iowa court
Clark Mindock, 10/7/22
“The developer of a Midwest carbon capture pipeline won’t be given early access to an Iowa couple's private property needed to survey the pipeline's route, an Iowa judge said Friday,” Reuters reports. “Despite developer Navigator CO2 Ventures’ concerns that it won’t be able to conduct the surveys until spring should the ground freeze, Judge Roger Sailer said he couldn’t grant a request for a temporary injunction forcing landowners to open up their gates while a lawsuit challenging the developer's right to enter the land plays out… “The judge said further delay to the “highly complex, multi-state, multi-billion dollar project” may hurt the developer’s bottom line and make it more difficult to meet strict deadlines, but that wasn’t enough to force landowners such as William and Vicki Hulse, who are countersuing to challenge the validity of the state law granting pipeline companies permission to enter their lands, to back down… "All Iowa landowners should be thrilled by today's decision," Brian Jorde of Domina Law Group, an attorney representing the homeowners, told Reuters.”
Sioux City Journal: Woodbury Judge denies CO2 pipeline company's injunction request to survey private property in Moville
Nick Hytrek, 10/8/22
“A judge has denied a liquid carbon dioxide pipeline developer's request for a temporary injunction that would have enabled surveyors to enter the private property of landowners who have denied access to their land,” the Sioux City Journal reports. “Though some of Navigator Heartland Greenway's arguments for the injunction weighed in the company's favor, District Judge Roger Sailer said the case's unusual circumstances ultimately favored William and Vicki Hulse, who have challenged the constitutionality of Iowa's laws giving pipeline companies the right of entry to private land to survey and examine it. A temporary injunction would be a "one-time remedy," Sailer said, and were he to grant it, Navigator would achieve the result it sought when suing the Hulses, and render their constitutional challenges moot. "... Plaintiff will have the right of entry they seek, they will enter on defendants' land, the land survey will be completed and plaintiff will be whistling down the road with no need for further litigation, whereas defendants will be left holding an empty bag without ever having the opportunity to litigate the merits. ... As the court put it at the hearing, if this temporary injunction is granted, you can't put the toothpaste back in the tube," Sailer wrote in his 15-page ruling, filed Friday in Woodbury County District Court. Navigator sued the Moville, Iowa, landowners in August after they twice denied the company's agents access to their land, which lies in the pipeline's proposed route, in late June to perform cultural and environmental surveys… “The Hulses filed a counterclaim that included the constitutional challenge and asked for their own injunction prohibiting Navigator's agents from entering their property until the constitutionality issue has been decided. The Navigator lawsuit and the Hulses' counterclaims now will proceed to trial, and Sailer instructed lawyers for both sides to contact court administrators to set a trial scheduling conference. Rickert had argued Navigator would suffer irreparable harm if it could not finish the remaining surveys before winter and finalize the pipeline route. Though Navigator has a statutory right to conduct the survey and may suffer some harm, the claim was "questionable at best," Sailer said, citing the counter argument of the Hulses' attorney, Brian Jorde, who had said the company still is in the early stages of the lengthy process to gain a permit from state regulators and has hundreds of surveys yet to complete along the proposed route.”
Iowa Capital Dispatch: Landowner claims early victory in pipeline fight
Jared Strong, 10/11/22
“A Woodbury County landowner has been successful in fending off — at least for now — a carbon sequestration pipeline company’s attempt to get access to her farm for a land survey,” the Iowa Capital Dispatch reports. “She told the Dispatch she hopes a judge’s decision is the first of many victories in a longer-term battle to prevent the use of eminent domain to build the carbon dioxide pipeline. “I am elated, just absolutely elated,” Vicki Hulse, who with her husband, Bill, owns a 151-acre farm, much of which is enrolled in a federal conservation program, told the Dispatch. The Hulses were among four groups of landowners sued by Navigator CO2 Ventures in August for preventing the company from surveying their land to help determine the path and depth of its proposed pipeline... “Andy Bates, a spokesperson for Navigator, declined to comment on the ruling and did not say whether the company will appeal it… “Vicki Hulse told the Dispatch she hopes that the judges in the other cases will use Sailer’s rationale and deny those requests, too. One of the cases is set for trial in April 2023. Navigator has argued that it needs immediate court orders for the survey work before the ground freezes, otherwise it might have to delay the work to spring… “Most of the Hulses’ farm is enrolled in the federal Conservation Reserve Program and hosts a variety of wildflowers to boost bee and other pollinator populations. Those who disturb the ground can be forced to repay the payments they received under the program. That potential penalty is among the arguments Vicki Hulse will make as she attempts to block the pipeline company’s plans. She told the Dispatch the use of eminent domain to complete the project is wrong.”
Dakota News Now: Residents near CO2 pipeline rupture in Mississippi share their story
Beth Warden, 10/6/22
“In February 2020, residents of the small town of Satartia, Mississippi, feared for their lives when exposed to the contents of a CO2 pipeline rupture,” Dakota News Now reports. “Proponents of CO2 pipelines say a similar leak would be next to impossible, while those against the pipeline fear a leak is just a matter of time. The night of the pipeline rupture still haunts Linda Garrett’s mind. “I thought I was gonna die,” Garrett told DNN. They had no idea what happened or how to stop it. “My daughter was screaming, and my grandbaby was on the floor,” Garrett told DNN. “I can’t breathe!” Dan Zegart, with the Climate Investigations Center, interviewed many of Garrett’s neighbors and detailed what happened the night of a complete break of the line. “From the moment the pipeline blew at 7:07 pm, and the moment that people started passing out, half a mile, three-quarters of a mile from where the pipeline is, it was literally a matter of a few minutes,” said Zegart… “Summit Carbon Solutions is one of two CO2 Pipeline applicants in the state. When asked about the leak, CEO Lee Blank claims there is a difference. “The comparison to Mississippi is that had hydrogen sulfide in it. Our pipeline carries just CO2,” Black told DNN. But a Government report released May 26th reveals something different. CO2 readings were as high as 28 thousand parts per million inside homes. That’s over five times the maximum safety levels set by OSHA. The hydrogen sulfide that Black points to as the culprit for causing illness was not even detected on a third-party contractor’s sensitive equipment. Spokesperson Jesse harris with Summit Carbon Solutions told DNN the Mississippi leak was a rare combination of events. “This incident involved an extremely rare combination of events, including unusual ground movements (overstressing the pipeline), rare failure mode (complete guillotine), delayed operator response, and weather conditions/topography that contributed to the severity of the incident,” Harris told DNN… “But Zegart believes those who live near CO2 pipelines anywhere have every reason to be concerned… “Dakota News Now reached out to the Pipeline and Hazardous Material Safety Administration to inquire how their report lists no injuries while also detailing a number of people hospitalized, and we have not received a response.”
Dakota News Now: Summit Carbon pushes back on CO2 pipeline safety concerns
Austin Goss, 10/5/22
“Summit Carbon Solutions CEO Lee Blank says the company’s $4.5 billion dollar investment is good for the state and the globe,” Dakota News Now reports. “...During a tour event at the Ringneck Ethanol Energy Plant in Onida Tuesday, officials from Summit and the Ethanol Plant dismissed concerns about the safety of the pipeline. “The pipe is not going to crack very easily, that would have to be something pretty severe,” Blank said. Blank could not confirm whether or not the company had submitted a dispersion model to the Public Utilities Commission (PUC) for review yet. “It is not explosive, it is pressurized. So there would be a pressure release if something happened. But there are about 5,000 miles of pipeline in the U.S. today that are carrying carbon, and few errors have happened.” But the plan has been anything but accepted by many in the region. Last week, Summit filed lawsuits against dozens of landowners across South Dakota. Those property owners are fighting back against eminent domain, which allows the take over of private property for public use… “For Ringneck Energy and Feed CEO Walter Wendland, being one of the seven ethanol plants connected to the pipeline is about more than just a few extra dollars. It is also a way to keep their business afloat, in the event the federal government cracks down on carbon emissions. “They’re talking about eventually charging us for the carbon release,” Wendland explained. “If they do start a carbon tax, it will break us. So it is really important that we get that carbon sequestered, to avoid a future tax on carbon.”
Dickinson Bulletin Review: Supervisors discuss carbon pipeline concerns
Dan Mundt, 10/7/22
“The Crawford County Board of Supervisors on Tuesday continued their discussion about what should be in an ordinance that would regulate carbon dioxide (CO2) pipelines constructed in the county,” the Dickinson Bulletin Review reports. “...In an early part of the meeting set aside for the supervisors to give their weekly updates to the other supervisors, Ty Rosburg said the county might have trouble putting in an ordinance now - after Summit Carbon Solutions had already invested “umpteen” dollars in Crawford County; the company intends to build a compressed CO2 pipeline that will run south to north through the county and has been working to get landowners to sign easements for the project. In the main discussion, Rosburg said several times that he didn’t want the project to interfere with development zones; the pipeline could be a problem in those instances because nothing can be built over it… “Heiden said Shelby County had hired an expert to help write a CO2 pipeline ordinance that would protect all citizens… “Heiden said she had concerns about how close the pipeline would be to schools, nursing homes and care facilities. She brought up the idea of a two-mile exclusion zone from communities. Schultz pointed out that most ethanol plants are within two miles of the communities where they have been built. “If we extend it two miles, we might just be saying, you know what, Crawford County’s closed to business,” he said… “The supervisors directed Sibbel to adapt the Shelby County ordinance for Crawford County. Sullivan asked if Summit Carbon Solutions could provide input in any discussion of an ordinance. “If there was an untenable situation for Summit Carbon Solutions, like a setback that was absolutely un-doable, it would be really nice if we could address that before it becomes an actual ‘pen to paper’ kind of thing; just a suggestion, meant respectfully,” Sullivan said. He asked if Summit Carbon Solutions could provide input and “help avoid some misunderstandings.” Schultz said he appreciated that the company would want to be able to give input, but that could be perceived as the county giving favor… “Several members of the public brought up their concerns about the overall safety of CO2 pipelines.”
Oelwein Daily Register: Concerned residents hosting meeting on CO2 pipeline tonight in Fairbank
DEB KUNKLE, 10/10/22
“Fayette County Supervisors may be finished talking about the proposed CO2 pipeline, but a number of opponents to the project are not giving up their effort to stop what they consider to be a hazardous project on several levels,” the Oelwein Daily Register reports. “Lifelong Fairbank area farmer Rustie Kane, Fairbank businessman and Councilman Ron Woods and environmentalist Jeff Milks are among citizens concerned with the real effects a CO2 pipeline could have on the farming and residential community around Fairbank and beyond. They are hosting a public meeting at 7 o’clock tonight (Tuesday, Oct. 11) at the Fairbank American Legion Hall for concerned citizens to talk and have their voices heard. Everybody is welcome. “We’re the only county around (Fayette) that is not taking a position on the pipeline,” Kane told the Register. “I know of at least six landlords in Fayette County that are upset about it.” “I think the biggest thing is the safety concern for the community,” Ron Woods told the Register. “This isn’t just about the farmers,” Jeff Milks told the Register, echoing Woods’ concerns. “We have to get everybody on board. People have a very personal tie to their land, and this is a very personal violation to them.” “...Milks told the Register land under which CO2 pipeline is buried takes five to 10 years to come back into production. He used the term “green washing” in which proponents make the issue look like an environmental focus when in reality, it is not. “If anything, it will have an adverse effect,” Milks said noting trees will never be able to be planted within 100 feet of the pipeline. “The land will be dead for everything, farming, developing, everything.” “...People should come to the meeting,” Woods told the Register. “We all have a vested interest in this.”
Moody County Enterprise: C02 Pipeline application filed
Carleen Wild, 10/4/22
“We’ve known for some time that it was coming. It is now official. Heartland Greenway, the Navigator C02 project slated to run through Moody County, did formally file its request Tuesday of last week to build a carbon capture pipeline in South Dakota,” the Moody County Enterprise reports. “...And if approved, it would happen whether you agree to it on your property or not. Dozens of local citizens attended the latest landowners rights meeting this past Thursday night in Flandreau. “They are in it for the tax credits, the sequestered C02,” Betty Strom told a room of about 100 people this past Thursday night. A lifelong teacher, Strom was there, hoping to educate as many as possible about the concerns if not the dangers that she and others sees ahead — in Moody County or anywhere. “These tax credits were put in place for environmental impact,” Strom continued. “But they no longer talk about the environmental importance, because the amount of fossil fuel and water they use to compress the C02 cancels the environmental impact.” “...She and countless others are concerned about the push to build these lines, what may actually be behind that push besides a positive environmental impact, the validity of the technology, the tactics being used to get landowners to sign away property rights for construction, and most importantly, the ultimate safety of any C02 pipeline. Clayton Rentschler, one of the organizers of the meeting, detailed what could possibly happen should there ever be a break… “Affected landowners are being encouraged to join what is called the South Dakota Easement Team, which is legal representation as a whole for individual property owners.”
Associated Press: Utilities Commission says CO2 pipeline fee could be $400,000
Jody Heemstra, 10/12/22
“South Dakota’s Public Utilities Commission has authorized its staff to begin reviewing an application for a pipeline designed to transport carbon dioxide from ethanol refineries to an underground site in Illinois,” the Associated Press reports. “...The commission’s staff found that it could cost over $270,000 to review the application. Navigator CO2 agreed to covering a filing fee of up to $400,000. “It needs to be a quality evaluation and not have that cost fall back on the taxpayers,” Kristen Edwards, a staff attorney for the commission, told AP… “But environmental activists have also pointed out the technology has struggled to get off the ground and allows emission-heavy industries to avoid taking drastic steps to cut greenhouse gases. The other proposed pipeline, which would be operated by Summit Carbon Solutions, has faced opposition from landowners concerned about its safety.”
KCAU: Summit Carbon gives update on pipeline to Woodbury County Board of Supervisors
Jason Takhtadjian, 10/11/22
“Summit Carbon Solutions has more questions to answer about their proposed pipeline project,” KCAU reports. “Tuesday’s Woodbury County Board of Supervisors meeting included an update on the project from two of Summit Carbon’s representatives… “However, Board Chairman, Keith Radig, said the proposed distance of the pipeline from landowners’ homes is the biggest concern to the board. “I think anybody that has a pipeline company in their property 50 feet from their house is too close as well, because you know, your time to react and get away from a C02 gas cloud is too small if it’s only 50 feet away,” said Radig. Radig hopes the board will have more answers from Summit Carbon about possibly pushing back the pipeline at future meetings.”
The Gazette: Wolf will hold new meetings on CO2 pipelines after review showed inadequate notice
Erin Jordan, 10/5/22
“A company seeking to build a carbon dioxide pipeline through five Iowa counties, including Linn, says it will hold a second round of public meetings after confirming some landowners did not get proper notice of its August meetings,” The Gazette reports. “...But many of the people who attended those meetings said they had not been notified by certified mail and questioned whether the process was legal. The Iowa Utilities Board Sept. 23 ordered Wolf to explain within 10 days how public notice was provided and verify certified letters were sent. Wolf acknowledged in a response this week there were “aberrations” in the process they used to inform landowners about the meetings… “Wolf officials said they didn’t know how many certified letters had failed to miss their mark until after the meetings, when some letters were returned saying “insufficient address” or “no such number.” The company has asked the Utilities Board for permission to hold more meetings. Those meetings, if allowed, would be “scheduled as soon as possible, while also allowing adequate time for mailing of new notices and publication of the same,” Wolf said in the filing. Redoing the meetings could set back Wolf’s proposal process... “At meetings in August, dozens of landowners spoke out against the pipelines, saying they worried about explosions, didn’t want to lose productivity of farmland and were skeptical about the benefits of carbon sequestration as a means of preventing the worst effects of climate change.”
Omaha World-Herald: Pipeline company, ethanol plant plan carbon capture pipeline in Nebraska Panhandle
Dan Crisler, 10/10/22
“Carbon America and Bridgeport Ethanol in the Nebraska Panhandle have announced plans to develop a carbon capture pipeline that would see the first carbon dioxide sequestered within the state,” the Omaha World-Herald reports. “Carbon America’s pipeline project joins other planned carbon capture pipelines, including ones by Navigator CO2 and Summit Carbon Solutions. In contrast with those multistate pipelines that will carry carbon dioxide from multiple biorefineries, the Bridgeport pipeline will span only about 10 miles and serve only Bridgeport Ethanol, said Carbon America CEO and co-founder Brent Lewis. Carbon America, which is based in the Denver area, and Bridgeport Ethanol hope to have the pipeline operational in 2024… “Critics of carbon capture pipelines have argued, among other things, that the pipelines provide little, if any, environmental benefit, particularly as it relates to climate change and that pipelines actually carry environmental risks in the event of a malfunction. No specific site to contain the captured carbon dioxide has been selected yet, Lewis told the Herald. But he said the company is looking at sites that would allow the company to sequester the carbon dioxide well below 3,000 feet underground. Lewis also told the Herald that Carbon America is looking at sites where the sequestered carbon dioxide wouldn’t contaminate an area’s water supply… “The company is not disclosing the project cost, a spokesperson said, adding that the pipeline is not receiving any financial incentives from the State of Nebraska… “Once the pipeline is operational, Carbon America said the pipeline will capture 95% of Bridgeport Ethanol’s emissions at 175,000 tons annually. That annual amount is equivalent to taking 38,043 passenger vehicles off the road. Lewis told the Herald Carbon America views carbon capture and sequestration as “a very, very important part of the total energy transition that we’re going through” away from fossil fuels. “We’re big climate believers,” he told the Herald. “We subscribe to the fact that we’ve got to do everything we can to address climate change. We believe CCS (carbon capture and sequestration) is a bridge to get us to a time and a place where can really remove fossil (fuels) from most of our applications for energy use. But for the time being, we’ve got to bridge this gap.”
Bloomberg: Canada May Forgive Billions in Pipeline Debt, Economist Says
Robert Tuttle, 10/6/22
“The Canadian government’s purchase of the Trans Mountain Corp. pipeline will end up sticking the country’s taxpayers with a large debt that won’t be repaid, an environmental law group warned,” Bloomberg reports. “A 70% rise in the cost to expand the sole oil pipeline running from Alberta to the Pacific Coast increased the project’s debt to C$25.8 billion ($18.9 billion), West Coast Environmental Law said in a report written by economist Robyn Allan and released Thursday. The federal government has hidden the “full financial picture” of Trans Mountain through the creation of a special-purpose entity known as TMP Finance, the report said. It asserts that pipeline tolls won’t be sufficient to cover the cost of financing, debt repayment and all operating expenses, meaning the project is not commercially viable… “The environmental group isn’t the first to warn that Trans Mountain will lose money. The government’s Parliamentary Budget Officer warned in June that escalating costs and delays mean taxpayers will suffer a “net loss” on the venture… “Allan’s C$25.8 billion figure includes the amount paid by the government in 2018 to buy Trans Mountain from Kinder Morgan Inc. to ensure the expansion was completed after the company threatened to pull the plug on it.”
WBRE: DEP hearing on proposed pipeline expansion project
Madonna Mantione, 10/5/22
“Questions and concerns are being raised about a proposed expansion of a natural gas pipeline from NEPA’s Marcellus Shale production region into New Jersey,” WBRE reports. “The proposed project will extend through seven PA counties, including two in our coverage area. The Regional Energy Access Expansion Project was the focus of a virtual public hearing hosted by the Department of Enverionmental Protection Wednesday night. It’s proposed by the Transcontinental Gas Pipeline Company, also known as “Transco,” a subsidiary of the Williams Companies Incorporated… “Dozens of people from all across the tri-state area tuned in to give testimonies. “The burning of this additional gas will put additional greenhouse gases into our atmosphere, continuing to add on to the climate emergency,” Jessica O’Neil, Senior Attorney of “Citizens for Pennsylvania’s Future” explained.”
Los Angeles Times: Oil sheen contained in Talbert Channel near site of last year’s major O.C. pipeline spill
GREGORY YEE, 10/7/22
“State officials have contained an oil sheen that was spotted in Talbert Channel near Huntington Beach on Friday morning,” the Los Angeles Times reports. “Crews working to replace steep plate walls had noticed light sheening, according to the California Department of Fish and Wildlife’s Office of Spill Prevention and Response. “Due to the brownish milky characteristics of the oil officials believe it may be from an abandoned pipeline,” state officials said. The sheen was contained and crews were continuing to monitor the situation, officials said in a tweet Friday afternoon. “No oil observed at Talbert Marsh; no oiled wildlife observed,” according to the tweet… “Last October, after an estimated 25,000 gallons of crude oil spilled from a broken pipeline connected to an offshore platform in Orange County, oil seeped into the ecologically sensitive Talbert Marsh.”
VPM: Elder activists use 'gray superpower' to fight completion of Mountain Valley Pipeline
Roberta Oster, 10/11/22
“Deborah Kushner and 12 other protesters were arrested last July for stopping traffic for an hour and a half when they staged a sit-in on the Capital Beltway highway in Maryland. They were calling on President Joe Biden to immediately declare a climate emergency,” VPM reports. “We have this clout, not only with our money and our power and our energy, but we have what I call ‘gray superpower,’ and we will not be dismissed as elders,” Kushner, a retired mental health worker who lives in Staunton, told VPM. As a leader of Third Act Virginia, which is part of a national climate justice organization, Kushner is fighting to halt further construction of the 303-mile Mountain Valley Pipeline that would carry fracked natural gas through Virginia and West Virginia… “In August, Kushner and fellow activists attended a much different kind of gathering — a “Circle of Protection” in a park in southwest Virginia with a view of the Mountain Valley Pipeline. The group listened to bluegrass music, shared food and fellowship, and strategized about saving the planet and stopping pipeline construction. Russell Chisholm, co-chairperson of the environmental advocacy coalition Protect Our Water, Heritage, Rights participated in the circle. “The Mountain Valley Pipeline has effectively carved a 300-mile sacrifice zone across the landscape from northern West Virginia, down to where the mainline project would end in southern Virginia,” Chisholm told VPM.
Roanoke Times: Friends of Nelson premieres documentary on Atlantic Coast Pipeline fight
Emma Martin, 10/9/22
“Friends of Nelson board member Ron Enders introduced the organization’s “Lessons Learned” project about its storied fight against the defunct Atlantic Coast Pipeline as a guide for communities facing similar situations,” the Roanoke Times reports. “The hour-long video interview documentary begins where the pipeline fight began: “On May 23, 2014, Dominion Energy wrote to landowners on the route of their newly planned 600-mile pipeline, informing landowners of Dominion’s intent to conduct surveys on their properties. The Atlantic Coast Pipeline was coming to Nelson County, Virginia.” “...Friends of Nelson was one of the first groups to formally organize around halting the proposed Atlantic Coast Pipeline. It was canceled entirely on July 5, 2020, with Dominion and Duke energy citing environmental lawsuits and delays as having increased the estimated price tag for the project from $5 billion to $8 billion. Enders and board member Woody Greenberg interviewed 30 people for a total of about 30 hours of film used to create the video, according to Greenberg. Participants in the ACP fight offer advice based on their experiences, creating a video guidebook for environmental and property-rights advocacy and grassroots organizing. Enders said he’s also compiling a written guide… “Property owner Richard Averitt said people joined the fight for different reasons. “We had a common cause,” he told the Times. “The common cause was we didn’t want the pipeline.” That diversity, Averitt told the Times, allowed concerned community members to also organize into smaller work groups with different areas of expertise.”
WASHINGTON UPDATES
Washington Post: How a pricey taxpayer gamble on carbon capture helps big oil
Evan Halper, 10/9/22
“It is an appealing proposition for a nation urgently trying to confront global warming: enlist state-of-the-art machinery to trap and bury harmful greenhouse gas emissions from the most heavily polluting industries, enabling them to otherwise continue business as usual,” the Washington Post reports. “Billions of dollars of new subsidies for such carbon capture technology are a signature component of the $370 billion climate package President Biden signed into law in August, with the administration and lawmakers across party lines promising it will help America meet its climate goals. Yet after years of underwhelming results in carbon capture experimentation, this surge of cash strikes many climate scholars as predominantly a gift to fossil fuel, chemical and industrial agriculture companies seeking a lucrative route to rebrand as “green.” The vastly increased tax credit, which lobbyists of every major oil company pursued, will propel a technology that has failed to deliver in several prominent trials. The incentives are already driving forward large oil and gas projects that threaten a heavy carbon footprint, with companies including ExxonMobil, Sempra and Occidental Petroleum positioned for big payouts. “We are spending a vast wad of money on this — huge government subsidies — and it often does not work,” Bruce Robertson, an energy finance analyst at the Institute for Energy Economics and Financial Analysis, an energy sustainability think tank, told the Post. “It keeps coming back because the oil and gas industry is powerful politically. It sets the agenda on climate change.” “...The irony of carbon capture is that the place it has proven most successful is getting more oil out of the ground. All but one major project built in the United States to date is geared toward fossil fuel companies taking the trapped carbon and injecting it into underground wells to extract crude… “Clean Air Task Force, the environmental nonprofit that has endorsed carbon capture technology, calls the evolution of the project a success story… “The Sierra Club and Public Citizen call the project something else: a scam. The organizations argue the technology is untested and does nothing to curb the emissions created when the gas is fracked, shipped overseas and ultimately burned for energy. Leaders of the Sierra Club chapters in Texas and Louisiana were so troubled by the carbon capture provisions in the Inflation Reduction Act that they sent an email blast to members and allies repudiating their national leaders for praising the act in a news release.”
Roll Call: Pipeline safety agency with big task lacks key resources
Benjamin J. Hulac, 10/5/22
“The national agency tasked with the safety of more than 3 million miles of pipelines, long considered understaffed, lacks an official leader as it faces growing pressure to adhere to its primary responsibilities, write new regulations and follow directions from Congress,” Roll Call reports. “More than a year and a half into office, President Joe Biden has not nominated anyone to be administrator of the Pipeline and Hazardous Materials Safety Administration, or PHMSA, part of the Transportation Department… “It’s an agency that often doesn’t get that much scrutiny or attention,” Erin Murphy, an Environmental Defense Fund attorney, told Roll Call. “It’s really a key agency in a lot of ways.” Without a Senate-confirmed administrator, PHMSA’s agenda and work are diminished, Murphy told Roll Call. “I would love to see leadership in place.” A White House spokesman did not respond to requests for comment about the status of the nomination. A representative for Sen. Maria Cantwell, D-Wash., chairwoman of the Senate Commerce, Science and Transportation Committee, told Roll Call committee Democrats were not sure why the nomination has been delayed, and a spokesperson for Sen. Roger Wicker of Mississippi, the top Republican on the panel, did not provide an on-the-record comment. The void at PHMSA’s helm comes as the agency is unveiling new regulations for pipeline operators, completing a series of directions Congress demanded in the fiscal 2021 appropriations law, administering a $200 million grant program from the infrastructure law and preparing for new varieties of pipeline projects. That new construction may get funding from the infrastructure law and the new climate, health care and tax law, Bill Caram, executive director of the Pipeline Safety Trust, a nonprofit advocacy group founded in the aftermath of the 1999 explosion of a gasoline pipeline in Bellingham, Wash, told Roll Call… “All of a sudden, we now have the prospect of carbon dioxide pipelines for carbon capture and sequestration and hydrogen pipelines,” Caram told Roll Call. “You capture the CO2, and you're going to sequester it,” he said, using the shorthand for carbon dioxide. “Very rarely are those two places — where you're capturing it and where you're sequestering it — in the same place. So it's going to involve a lot of pipelines.”
The Fabricator: New welding standards on the way for pipelines and energy distribution?
Stephen Barlas, 10/11/22
“The federal agency responsible for assuring pipeline and energy distribution equipment safety is considering a new welding performance standard that would be a significant upgrade over the current standard and that likely will require additional investment from industry,” The Fabricator reports. “The Pipeline and Hazardous Materials Safety Administration (PHMSA) snuck that announcement into a plainly written proposed rule that, if finalized, would create federal regulations that call for updated, voluntary, and noncontroversial industry welding standards—at least for the most part. What would be controversial is if the PHMSA adopts the 22nd edition of API 1104: Standard for Welding Pipelines and Related Facilities published in July 2021. It includes extensive changes and expanded requirements. The 20th edition is now the basis for compliance in industry. PHMSA proposed adopting the 21st edition in 2021, but the organization never finalized that action. The PHMSA said it is only thinking about adopting the 22nd edition and wants to hear from industry on what would be “substantive” changes. Here are a few of the agency notes regarding the changes: Additional requirements for maximum interpass temperature and post heating for hydrogen diffusion; The adoption of the concept of heat input in the electrical characteristics section; Modifications related to the time required between welding passes; Consideration of welding only with cellulosic electrodes; Expansion of definitions, the filler metal table, and the postweld heat-treatment sections. The 22nd edition also modifies the welder qualification section to include procedure qualification, qualification thickness ranges, filler metal groups, a gas metal arc welding process statement, and a documentation requirement for procedure adherence during the qualification weld.”
E&E News: Inside The Environmental Justice Movement's Big Win
Emma Dumain, 10/11/22
“Environmental justice activists consider their success in stopping passage of a permitting reform bill last month their movement’s highest profile achievement to date,” E&E News reports. “The question now is whether they can do it again. In the coming weeks, they’ll have to stop Democrats from negotiating with Republicans on a revised permitting proposal that could get attached to must-pass legislation. At the same time, advocates are pushing for a House floor vote on a landmark environmental justice bill that would carry enormous symbolic weight. It’s all a test for members of a coalition that’s been steadily building power and influence for years, who say last month’s victory was a gamechanger for their cause — one that could have enormous consequences for climate legislation and policymaking. ‘They’re emboldened now,’ Rep. Raúl Grijalva (D-Ariz.), chair of the House Natural Resources Committee, told E&E of the activists. ‘They coalesced and were able to stop a foregone conclusion. That is significant on many levels.’ That ‘foregone conclusion’ was the terms of an agreement between Senate Energy and Natural Resources Chair Joe Manchin (D-W.Va.) and Senate Majority Leader Chuck Schumer (D-N.Y.), sanctioned by the White House. The deal was that, in exchange for Manchin’s vote on the party’s historic climate and social spending package, Schumer would attach Manchin’s permitting proposal to a stopgap federal spending bill.”
E&E News: 5 Things To Watch As Senate Launches Defense Bill Debate
Nico Portuondo, 10/11/22
“Armed Services Committee leaders in both the House and Senate usually prefer focusing on strictly military issues for the NDAA. Their colleagues and congressional leaders often have other plans,” E&E News reports. “Once we get to the end of the session, every idea in the world is considered to be put in the NDAA,’ House Armed Services Chair Adam Smith (D-Wash.) told E&E. Lawmakers see the defense measure as a potential vehicle for permitting reform legislation after language from Senate Energy and Natural Resources Chair Joe Manchin (D-W.Va.) got yanked from stopgap spending legislation last month. Lawmakers on both sides of the aisle said they would be more willing to negotiate a permitting reform deal with more time for haggling and without the threat of a government shutdown. When asked about the future of permitting reform, Senate Environment and Public Works ranking member Shelley Moore Capito (R-W.Va.) told E&E, ‘The NDAA is still out there.’ Smith also told E&E it was possible the permitting reform bill could be attached to a final NDAA. He told E&E Democratic leaders would need to make the call. Omnibus spending legislation is another potential vehicle for permitting. But leaders may have higher chances of success with the NDAA. That’s because the defense bill often attracts Republican lawmakers in both chambers who may also favor permitting reform. In contrast, many progressive Democrats who oppose permitting reform often vote against the NDAA anyway.”
The Advocate: As public comment ends for Biden oil and gas leasing plan, details for 2023 leasing emerge
ROBERT STEWART, 10/6/22
“On the same day that a public comment period ended for the Biden administration’s proposed five-year plan for oil and gas leasing, the federal agency that regulates offshore drilling is proposing to free up anywhere from 27 million to 84 million acres in the Gulf of Mexico in 2023 for future exploration,” The Advocate reports. “The Bureau of Ocean Energy Management on Thursday released a draft document that outlines the possible scope of two lease sales in 2023 and the environmental effects of any drilling that could happen as a result… “A specific timeline has not been set for the final EIS. However, the Inflation Reduction Act, which became law in August, requires two lease sales in the Gulf in 2023 after the sales were previously canceled amid legal fights. The first sale must be held by March, while the second sale has to happen by September… “In the fourth scenario, any of the first three scenarios would be possible, but none of them would include topographic areas that are sensitive to drilling, as well as a handful of blocks near Alabama’s coast. Though the EIS does not specify the acreage of those areas, it says about 473 designated lease spaces would be off-limits. All told, the proposed areas could unlock anywhere from 26 million to 1.12 billion barrels of oil, depending on the success of future exploration and which leasing scenario would be allowed, according to federal estimates. The EIS says all proposed leasing scenarios would lead to “minor” impacts on air quality and “negligible” impacts on water quality. However, it says there could be a “moderate” impact on bird species and estuaries.”
InsideEPA: Fearing Permit Scrutiny, Industry Braces For EPA’s Heightened EJ Focus
10/6/22
“Industry attorneys are preparing their clients to address issues expected to be raised by EPA’s creation of a new environmental justice (EJ) program office, including warning them that compliance with environmental requirements alone may no longer be sufficient to win a new permit or extend an existing one given the new office’s focus on enforcing civil rights requirements,” InsideEPA reports. “‘What I’ve been telling my clients is this is a significant development on how the agency will do business across the various programs it administers,’ Duke McCall, a partner at the Morgan Lewis firm, tells Inside EPA. ‘We’re on the cusp, I think, of a significant change in how the agency is doing business, with more unknown than known.’ In particular, he cites EPA’s Interim Environmental Justice and Civil Rights in Permitting Frequently Asked Questions (FAQ), released in August, that provides details on how permit writers should assess cumulative impacts including the option of denying a permit under civil rights law even if it meets all environmental requirements. Though the document is a compendium of EPA’s existing authority, the elevation of the new office -- which is now on par with other EPA program offices -- means that civil rights will have an enhanced focus, which changes the dynamic of the analysis for permitting decisions. He and other attorneys are also eagerly awaiting guidance expected next year from the new Office of Environmental Justice & External Civil Rights on how to address cumulative impacts in permitting and hope for a seat at the table as the agency develops the guide and moves forward on the issue generally.”
Politico: Permian pipelines leak more methane than EPA estimates — study
CARLOS ANCHONDO, MIKE SORAGHAN, 10/5/22
“Natural gas gathering pipelines in the Permian Basin are releasing 14 times more methane than EPA inventory estimates, according to new research based on aerial surveys,” Politico reports. “The lines — which move gas from production areas to processing facilities — emit at least 213,000 metric tons of methane annually, according to a group of researchers from Stanford University, the University of Arizona, and the Environmental Defense Fund. That’s enough “wasted gas” to meet the needs of 2.1 million homes, they say. The study, published Tuesday in the journal Environmental Science and Technology Letters, drew on four "aerial campaigns” conducted over three years, where aircraft surveyed more than 10,000 miles of gathering pipelines during each campaign. “Methane is a potent greenhouse gas with over 84 times the warming potential of carbon dioxide over its first 20 years in the atmosphere, and this new research indicates the importance of finding and fixing pipeline methane leaks to mitigate the climate crisis,” wrote study authors Erin Murphy and Jevan Yu in a blog post that lays out the study's findings.”
STATE UPDATES
KFYR: ‘We have the solutions to climate change’: ND leaders meet in Bismarck
Joel Crane, 10/10/22
“Government and energy leaders met at Bismarck State College Monday to discuss issues facing North Dakota’s energy sector,” KFYR reports. “Hundreds came together to hear leaders discuss hot-button issues. The top of their list: climate change. “We have the solutions in this room for climate change and for inflation, but we need to get our story out,” said Lieutenant Governor Brent Sanford. But climate activists think otherwise. “It just doesn’t jive with reality. Our senators are explicitly opposed to different regulations that would reduce the emissions of oil and gas and other industries,” said Scott Skokos, executive director of the Dakota Resource Council. But some of the solutions discussed at the conference are things proponents say would drastically cut carbon emissions. “We’re seeing carbon capture projects on ethanol plants and on coal plants. We’re seeing oil and gas companies coming in with projects to reduce their CO2 down to zero on the pad, we’re seeing a company coming in that knows how to make biodegradable plastic out of methane, out of natural gas,” said Sanford. However, some of those projects, like carbon capture, are exactly the things organizations like the Dakota Resource Council are opposed to. “We as an organization think it’s antithetical to combatting climate change because essentially it keeps the same industries in place and because it could have the unintended consequence of increasing emissions,” said Skokos.”
MPR: MPCA settles lawsuit with longtime employee who raised petroleum complaints
Kirsti Marohn, 10/10/22
“The Minnesota Pollution Control Agency has settled a lawsuit filed by a former employee who raised concerns about how the agency handles petroleum leak sites,” MPR reports. “Mark Toso resigned last year after nearly 30 years at the MPCA. He spent the last decade as a hydrologist in the petroleum remediation program, which is responsible for investigating, evaluating and removing risks from petroleum releases from storage tanks. Toso sued the agency in Ramsey County District Court last November, claiming he faced retaliation for his repeated complaints that the program was failing to protect groundwater and endangering public health. In the settlement agreement reached last month, the MPCA agreed to pay Toso $159,000 plus mediation fees to settle the lawsuit. It did not admit any wrongdoing. Toso, who now works in the private sector, told MPR he's still glad he filed the lawsuit. "This issue needed to get out there,” he told MPR. “People need to understand that the agency, despite all they claim, isn't exactly as ethical as one would hope they would be." Petroleum storage tanks — often buried underground — can corrode over time and leak chemicals into the soil and groundwater, the source of drinking water for three-fourths of Minnesotans. Toso raised concerns that the MPCA closed some leak sites, including one in the Stearns County town of Paynesville, without fully removing the contamination, leaving it to biodegrade. The MPCA has said it is confident the Paynesville plume isn't moving, and the city’s drinking water is safe.”
The Lens NOLA: ‘Blue hydrogen’ project threatens fragile, valuable ecosystem of Lake Maurepas, residents fear
JOSHUA ROSENBERG, 10/3/22
“John Hoover’s ties to Lake Maurepas run deep. A crabber by trade, Hoover has been drawn to the lake ever since his toes submerged its brackish water when he was two years old,” The Lens NOLA reports. “In his mid-50s now, Hoover can be found most mornings before the crack of dawn prepping his custom-designed boat, itself old enough to join the army and purchase liquor, to cast at least 350 traps a day. Since he became a full-time, self-employed fisherman at 18, he’s battled the elements and the tides as he’s pulled crab from Maurepas and its larger sibling, Lake Pontchartrain. His handiwork has made possible countless meals in his native Louisiana and throughout the country – even in places like Maryland, whose fabled crabbing industry has suffered its own setbacks, due in part to pollution. Hoover is, in short, living his dreams. After disembarking from his dock near Port Manchac, he can point to the property his father once owned, and to the lakefront house he and his wife built for their retirement – the one they plan to pass down to their daughter some day. But there’s a lingering concern that has Hoover animated these days – the same concern that propelled dozens of area residents to descend upon an overflowing special meeting held by the Livingston Parish Council on Tuesday evening and to a council meeting in Tangipahoa Parish the day prior. Passions ran high in Livingston Parish, with residents, and some elected officials, repeatedly expressing their opposition to the project. Those residents, like Hoover, fear a proposed project that would attempt to sequester carbon more than a mile below Lake Maurepas could permanently destroy the lake’s delicate ecosystem – and with it, the livelihoods of fishermen and crabbers, the area’s recreation, and in some ways, the social fabric itself. Business leaders and politicians like Gov. John Bel Edwards have pushed for the adoption of carbon capture and sequestration projects, like Air Products’ proposal, in Louisiana as a way to combat climate change by mitigating carbon emissions – all part of the state’s goal of reaching net-zero greenhouse gas emissions by 2050. The technology, though, is controversial, with environmental groups arguing that the technology and infrastructure pose a safety risk to the communities they encounter, that it prolongs the life span of industrial facilities that contribute significantly to climate change, and that the capture rates are inadequate and not worth the investment.”
LA Daily News: Los Angeles City Council energy committee unanimously backs ban on new oil wells and sends issue to full council
10/8/22
“A Los Angeles City Council committee recommended adoption of a proposed ordinance on Thursday, Oct. 6 that would phase out oil and gas extraction in Los Angeles, moving the city a step closer to banning oil drilling,” the LA Daily News reports. “The Energy, Climate Change, Environment Justice, and River Committee voted unanimously to advance the recommendation to the City Council. The item was also referred to two other city council committees… “The Los Angeles County Board of Supervisors approved a similar ordinance last week. The Los Angeles City Council in January unanimously approved a seriesof recommendations aimed at banning new oil and gas wells. The draft ordinance would phase out all such oil and gas extraction activities by immediately banning new oil and gas extraction and ceasing existing operations within 20 years… “Under the draft ordinance, operators would not be able to expand their existing sites or extend the life of a well during the 20-year phase-out period. Many community groups have lobbied Los Angeles to stop oil drilling, citing the harm it has on communities, which is disproportionately felt in working-class communities and communities of color. More than half a million residents in Los Angeles County live within a half mile of an active oil well. “They have waited for generations for actions,” Councilman Paul Krekorian said. “They have waited for something to be done by the city to relieve their health concerns.” Krekorian responded to concerns over a potential loss of jobs and an increase in gas prices. He said less than 1% of crude oil processed in Southern California refineries actually comes from wells in Los Angeles, and the loss of oil drilling will not impact gas prices locally. On jobs, Krekorian said he believes the era of oil and gas is ending regardless.”
U.S. EPA: Seaport Refining to Pay $127,000 Penalty Under Settlement with EPA Tied to Refinery in Redwood City
10/6/22
“Today, the U.S. Environmental Protection Agency (EPA) announced a settlement with Seaport Refining & Environmental, LLC, the owner and operator of a petroleum refinery in Redwood City, California, over claims of violations of the Clean Water Act and the Resource Conservation and Recovery Act. The refinery, which receives and processes waste fuel including gasoline, diesel and jet fuel, is located near Redwood Creek and First Slough, which flow to the San Francisco Bay and the Pacific Ocean. Seaport Refining produces approximately 2,200 pounds of hazardous waste per month. As a result of EPA’s findings, the company will pay $127,192 in civil penalties and implement compliance tasks, including developing an air emission monitoring plan, submitting quarterly air emission monitoring results, and inspecting and repairing the facility’s tanks. “It is paramount that oil processing facilities, including refineries like the Seaport Refining facility in Redwood City, properly handle hazardous substances,” said EPA Pacific Southwest Regional Administrator Martha Guzman. “When companies do not effectively manage a dangerous substance, in accordance with the law, the local community and workers are endangered. EPA will not hesitate to levy significant penalties.”
EXTRACTION
Reuters: New premier in Canada’s oil-rich Alberta set to defy Trudeau
10/7/22
“Alberta’s incoming premier has set the stage for a showdown with Canada’s federal government and push back against federal laws which is likely to set the oil-rich province on a collision course with Prime Minister Justin Trudeau,” Reuters reports. “Danielle Smith, 51, was chosen by members to lead Alberta’s ruling United Conservative Party (UCP) on Thursday, just seven months ahead of the next provincial election. “Today marks a new beginning in the Alberta story,” Smith told UCP members after winning the leadership race. “No longer will Alberta ask permission from Ottawa to be prosperous and free… we will not have our resources landlocked or our energy phased out of existence by a virtue-signalling prime minister.” “...Alberta, which holds the world’s third-largest crude reserves, has long had a strained relationship with Trudeau’s government in Ottawa, stemming from a sense that the federal government’s climate polices are damaging Canada’s oil and gas industry… “Smith campaigned on an “Alberta First” slogan designed to appeal to grassroots members on the right wing of the party and has promised to introduce the Alberta Sovereignty Act, which would allow the province to refuse to enforce specific federal laws it does not like. Political commentators and legal experts said the act is unconstitutional and would likely be struck down in court, but could further sour relations between Ottawa and Alberta, while uncertainty about what the act will actually contain may spook the business community.”
CLIMATE FINANCE
Reuters: Louisiana to remove $794 mln from BlackRock funds over ESG drive
10/5/22
“Louisiana will pull $794 million out of BlackRock Inc's funds, state Treasurer John Schroder said on Wednesday, citing the asset management giant's push to embrace environmental, social and governance (ESG) investment strategies,” Reuters reports. “This divestment is necessary to protect Louisiana from mandates BlackRock has called for that would cripple our critical energy sector," Schroder said in a statement. The U.S. state has already withdrawn $560 million from the funds to date, he said. BlackRock did not immediately respond to a Reuters' request for comment. The company, which managed nearly $8.49 trillion of assets as of June 30, has faced criticism from many sides in the debate on low-carbon fuels. While environmentalists have protested that the world's largest asset manager does too little to press for change at fossil fuel portfolio companies, Republican politicians have accused it of boycotting energy stocks.”
Impact Alpha: Five steps to greening your 401(k) – and why it’s harder than it should be
Zach Steinis the cofounder of Carbon Collective Investing, 10/5/22
“Seems like it shouldn’t be that hard: Build a portfolio from the better sustainable funds. Add them to your company’s 401(k) fund lineup. Educate your team about their new options… Voila! You have greened your 401(k) plan,” Zach Stein writes for Impact Alpha. “In reality, it rarely happens that way. Rare is the 401(k) plan with a single sustainable fund in it, let alone a comprehensive sustainable portfolio that savers can “set and forget” like they do target-date retirement or college-savings funds. At Carbon Collective we’ve evaluated hundreds of 401(k) plans, from five-person nonprofits to major corporations. It’s crazy to us that there aren’t good climate-friendly 401(k) options for climate-focused non-profits and startups. This leaves them investing their own and their employees’ money in fossil fuel companies through their 401(k)’s. Companies and their employees can change the status quo. Outside of feeling better about where you’re invested, greening a 401(k) matters because we simply cannot solve climate change without changing how we invest… “When it comes to individuals like you and me, 401(k)’s are where a majority of our investments are held. We should be able to avoid investing in fossil fuels and be able to instead invest in the solutions that need to scale exponentially to solve climate change. This is not just investing with our values, it’s investing in the world we want to retire into. And adding funds to your 401(k) is not a monumental ask. It typically won’t increase costs to the company and it should not increase their legal liability (assuming it’s done responsibly)... “Once you have your letter like the above ready and finalized, go and collect signatures. Try and get as many of your fellow colleagues as possible. You’re not trying to remove anyone’s portfolio options or involuntarily change them out of their current funds. You just want to add better green options for anyone who wants to opt in… “If that fails to materialize in any tangible change, draft a second letter. Collect signatures. Seek advice from an ERISA attorney. As a participant in a 401(k) plan, you have every legal right to seek legal protection if you believe your financial interests are not being served.”
OPINION
Common Dreams: Manchin's Dirty Deal Goes Down—Now What?
Crystal Cavalier, based in Mebane, NC, is a member of the Occaneechi Band of Saponi Nation and co-founder of 7 Directions of Service protecting people and sacred places against the MVP South Gate Extension. Kenny Bruno is Senior Advisor at Cloud Mountain Foundation, 10/7/22
“We first heard about the Dirty Deal on the way from North Carolina to the Sundance Ceremony in Minnesota. Right then and there, we decided to fight it with everything we had. Why? We also quickly recognized that the diabolical deal was an arrow aimed at the heart of grassroots environmental and climate movements, and it was a bullseye,” Crystal Cavalier and Kenny Bruno write for Common Dreams. “First of all, the side deal to the Inflation Reduction Act (IRA), agreed to by Senators Schumer and Manchin and no one else, showered unwarranted love on our unfriendly neighbor, the risky and unnecessary Mountain Valley fracked Gas Pipeline. We also quickly recognized that the diabolical deal was an arrow aimed at the heart of grassroots environmental and climate movements, and it was a bullseye. Since an unlikely alliance of tribal nations, white landowners, Big Green groups, Democratic donors, grassroots community groups, students, elders and just plain rank and file activists convinced President Obama to reject the Keystone XL tar sands pipeline, pro-fossil pipeline forces have been apoplectic. We anti-pipeline activists were nuts, stupid, and unrealistic. Amazingly, the KXL pipeline fighters held the line for four years of Trump, even though he approved it on his first day as president. And in those years a funny thing happened: "The Keystone effect"—an industry term for the hassle of building fossil fuel infrastructure—spread. The fights against the DAPL pipeline in North Dakota, Enbridge Line 3 in Minnesota, Pacific Connector in Oregon, and the Atlantic Coast in Virginia were intense. Industry won sometimes, but not always. Which seemed to bug them. MVP—Joe Manchin's Most Valuable Pipeline—was the biggest project in a long stall mode, its fate unknown… “While it jump-starts wind and solar energy, it also makes Carbon Capture and Storage schemes central, and will make many oil and coal companies rich with a generous tax credit known as 45Q. This monumental boondoggle masquerades as climate action reform, but it's actually a reprise of the cop-out known as All the Above; a pretense that we can fight climate change while simultaneously expanding the production of fossil fuels that are the primary cause of climate change… “We know it's not over. The central ideas in the Dirty Deal—keeping the fossil fuel era alive as long as possible, side stepping and weakening environmental regulations, sacrificing communities facing these risky projects, will come back and they'll dress themselves up as permitting reform and climate action. We'll be ready.”
Forbes: For The U.S., There Is No Net-Zero Without Major Permitting Reform
Jude Clemente is a Principal at JTC Energy Research Associates, LLC, 10/9/22
“It’s no wonder that Joe Manchin’s permitting reform efforts failed: it never had much of chance because of our self-defeating “environmental advocates,” Jude Clemente writes for Forbes. “From pipelines to wind and solar farms to transmission lines, we’ve made it nearly impossible to build anything in this country. We’ve installed a labyrinthine permit approval process that drastically stalls or outright blocks important infrastructure projects from ever getting constructed… “The “we can’t build anything” is a really big and urgent problem for the huge build-out in infrastructure that is now required to meet our energy and climate change goals… “Yet, our mining revolution continues to get blocked at every turn by, most ironically, many of the same people who are demanding an immediate shift to the energy transition itself… “The more “progressive” wing of the Democratic party though strongly opposed Manchin… “With electrification as a key climate change strategy, studies continue to show that our power demand is set to surge, perhaps by over 70% in the next 20-25 years. Our solution is not a “renewables vs gas” thing; it’s a “renewables AND gas” thing.”