EXTRACTED: Daily News Clips 10/4/22
(Note to Readers: “Extracted” will not be published for the next few days, while your editor is on a brief medical leave.)
PIPELINE NEWS
Common Dreams: Landowners' Radio Ad Exposes Dangers of CO2 Pipelines with 911 Call from 2020 Explosion
Des Moines Register: Iowa couple locked in legal battle to stop company from surveying their farm for carbon capture pipeline
Sioux City Journal: In Woodbury County, CO2 pipeline company seeks end to survey delays
The Center Square: Dixon pledges to protect Line 5 from Whitmer’s ‘attacks’
Appalachian Voices: Residents to attend federal agency meeting in Cookeville to express opposition to pipeline
The Center Square: North Dakota still owes millions from defending Dakota Access pipeline five years ago
Amnesty International: Construction of pipeline on Indigenous territory endangers land defenders
Castanet: Contempt trial of four pipeline protesters begins with lengthy body-cam video
Press release: Enbridge Announces Al Monaco's Retirement; Names Greg Ebel as President and CEO
Reuters: Mexico's CFE ordered to pay Canada firm $85 mln in arbitration case
KNOX: ND still pushing natural gas pipeline project
Bucks County Courier Times: Sunoco begins pipeline work in Delaware River at Upper Makefield near Washington Crossing site
WASHINGTON UPDATES
E&E News: Supreme Court appears to back EPA in WOTUS war
Washington Post: As gas prices rise, Democrats scramble to lay blame on Big Oil
STATE UPDATES
The Advocate: Carbon capture faces ferocious pushback in parts of Louisiana: 'Help us stop this, man'
Earthjustice: Gulf Communities Celebrate Blow to Proposed Offshore Oil Terminal and Vow to Keep Fighting
Billings Gazette: An estimated 31,000 gallons of gasoline spilled in train derailment near Bridger
CalMatters: Fight escalates between Newsom, oil industry
Center for Biological Diversity: California Oil Group Pays Fees to Advocacy Groups It Harassed, But Dodges Multimillion Dollar Judgment
Carlsbad Current-Argus: $157M oil and gas land sale targets Permian Basin in southeast New Mexico
Grist: Unstable Ground: How thawing permafrost threatens a Biden-supported plan to drill in Alaska's Arctic.
EXTRACTION
Reuters: Nord Stream rupture may mark biggest single methane release ever recorded, U.N. says
Common Dreams: 'Their Greed Knows No Bounds': Analysis Shows Ongoing Price Gouging by Oil Giants
OPINION
San Francisco Chronicle: No, carbon capture is not necessary to solve climate change
The Hill: GOP killed permitting reform — giving Democrats a new campaign issue
The Hill: Here’s how to improve Manchin’s permitting proposal — to help more energy projects
National Review: Joe Manchin Did Not Get Played on Permitting Reform
PIPELINE NEWS
Common Dreams: Landowners' Radio Ad Exposes Dangers of CO2 Pipelines with 911 Call from 2020 Explosion
10/3/22
“The Easement Action Teams LLC (Landowners & Lawyers Cooperative), an organization of state-based landowners’ groups in Nebraska, Iowa, South Dakota and North Dakota who vehemently oppose the use of eminent domain for private gain to seize their property for proposed carbon (CO2) pipeline projects, on Monday released a radio ad campaign that uses actual 911 recordings from a 2020 carbon pipeline rupture in Satartia, MS to highlight the serious dangers to human life – including to first responders – posed by an explosive release of toxic CO2 by these highly-pressurized pipelines. In the radio ad – that will launch across rural markets in four of the Midwest states where the proposed pipelines are routed – the narrator describes what happened during the 2020 incident in Satartia, MS where a carbon pipeline operated by Denbury Resources ruptured, causing an explosive release of carbon in an immense plume, which was later found by a government-issued report to be toxic for more than a mile from the site of the accident, which was caused by a girth weld failure following a landslide after heavy rain. The ad then cuts to a 911 recording from a victim who is very concerned and confused about what is happening after her car has stalled – a direct result of the high CO2 concentration making the combustion engine nonfunctional – and her friend is having what she believes is a seizure… “Since the first correspondence from Navigator, I feel that my family and family farm of almost a century, is being used as collateral damage. The pipeline company and their investors are using this unproven and hazardous idea as a tax scam and will try to take our land for their own private gain. The safety questions go unanswered by the pipelines’ representatives, but they continue to state their pipelines are going to be “different” than the one that exploded in Satartia. The farmer and landowner takes all the risk – including the risk of explosion and death of all living beings in the path of the plume,” said Shelli Meyer, Nebraska Easement Action Team member and landowner in Dixon County, Nebraska… “The Easement Teams are growing their numbers of landowners daily in each of the four states, holding regular meetings to inform landowners about the pipeline projects and the landowners’ legal co-ops. Attorneys with Domina Law Group are currently defending Easement Team-affiliated landowners in court who have refused to allow pipeline surveyors on their property. Attorney Brian Jorde has also proactively filed suit on behalf of landowners arguing that state laws regarding private property are being violated by the pipeline companies, and the Domina Law Group will represent landowners filing as intervenors in state agency permitting processes in Iowa, South Dakota and North Dakota over the next year.”
Des Moines Register: Iowa couple locked in legal battle to stop company from surveying their farm for carbon capture pipeline
Donnelle Eller, 10/4/22
“Vicki Hulse says she's fighting Navigator CO2 Ventures' plan to build a carbon capture pipeline across her northwest Iowa farm because her husband, Bill, a Vietnam veteran in poor health, no longer can,” the Des Moines Register reports. “Hulse blocked a Navigator surveyor from entering her and her husband's 151-acre property in late June. The company wants to determine the land's suitability as a possible route for its $3 billion pipeline. Hulse told the surveyor and the sheriff's deputies with him he would be trespassing if he set foot on her land. Now Navigator is seeking an injunction that would force Hulse and her husband, who lives at the Iowa Veterans Home in Marshalltown, to grant its agent access. Hulse has countersued, seeking to stop Navigator from entering the couple's land. The Hulses' attorneys also are challenging the constitutionality of a state law that allows the developers to survey land before they've gotten regulators' approval to build the pipeline — or have been granted eminent domain powers to force unwilling landowners to sell easements allowing access for the project. If successful, the Hulses' challenge could delay developers' efforts to build pipelines in Iowa, a Drake University law professor told the Register… “The Hulses' attorneys said in their counterclaim that the state law violates Iowa's Constitution for two reasons: The state Constitution says “private property shall not be taken for public use without just compensation first being made,” and it protects landowners’ property rights from unwarranted government intrusion. The state, her attorneys wrote, wants to appropriate their clients’ right to exclude others from their property for the benefit of the pipeline company. "The right to exclude is ‘one of the most treasured’ rights of property ownership,” wrote Hulse attorney Brian Jorde of Domina Law Group in Omaha. Navigator "has no right to invade" the Hulses' land "absent the culmination of a formal condemnation proceeding," which is part of the eminent domain process… “Any decision in the Hulses' case is likely to be appealed to the Iowa Supreme Court, Jennifer Zwagerman, an associate law professor at Drake and director of its Agricultural Law Center, told the Reigster. Depending on how many landowners have blocked pipeline surveyors, the legal battle could slow the projects, Zwagerman told the Register..
Sioux City Journal: In Woodbury County, CO2 pipeline company seeks end to survey delays
Nick Hytrek, 10/1/22
“A lawyer for a company seeking to build a liquid carbon dioxide pipeline through Iowa asked a judge in Woodbury County to put an end to landowners' delay tactics and order them to allow surveyors to enter their property,” the Sioux City Journal reports. “This is just a game of delays. It's time for the game to be over," Brian Rickert, attorney for Navigator Heartland Greenway, told District Judge Roger Sailer. "It's time for you to step in and stop the tactics." Navigator sued Moville, Iowa, landowners William and Vicki Hulse in August after the Hulses 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 company is seeking a temporary injunction ordering the Hulses to grant access to the land and have a sheriff's deputy present, if needed, to ensure surveyors can complete their task… “The Hulses' attorney, Brian Jorde, argued Navigator has not shown it would be irreparably harmed if the surveys were not done immediately. He also said because Vicki Hulse did not pick up a registered letter Navigator sent notifying her of the intent to survey, the company failed to serve notice, as required by law. The company also could obtain an access easement to perform the surveys. "We never said they can't do this. Just do it the right way and obey our constitutional rights," Jorde said. Jorde has filed a counterclaim on behalf of the Hulses challenging the constitutionality of Iowa laws permitting pipeline companies the right of entry to private land to survey and examine it. They've asked for an injunction prohibiting Navigator's agents from entering their property until the constitutionality issue has been decided. Though the constitutionality issue was not the subject of Friday's hearing, Jorde said the Hulses have the right to deny Navigator access to their land and Iowa law states pipeline companies must pay for the right of entry. Arguing against the injunction, Jorde told Sailer a temporary injunction essentially would be a permanent one. If the survey is allowed to proceed and is completed, the Hulses' constitutional challenge would be moot. "It's a permanent injunction disguised as a temporary injunction," Jorde said. Sailer said he would issue a ruling on Navigator's injunction request by next Friday.
The Center Square: Dixon pledges to protect Line 5 from Whitmer’s ‘attacks’
Bruce Walker, 10/3/22
“Although there are many telling differences between Michigan’s 2022 gubernatorial candidates, energy policy may be the most significant from an economic perspective for families,” The Center Square reports. “Democrat incumbent Gov. Gretchen Whitmer has led the charge to close the Line 5 dual pipeline that has spanned the Straits of Mackinac since 1953, whereas Republican challenger Tudor Dixon has pledged to keep the hydrocarbons flowing through the five-mile stretch of pipeline positioned on the lakebed of Lake Michigan… “According to Dixon’s campaign website, if elected, she would, “Enact stronger protections for Line 5 and similar critical infrastructure projects in Michigan to protect Michigan jobs, workers, and businesses.” In a text message to The Center Square, Dixon said closing the pipelines would create enormous cost increases for Michigan homeowners and businesses. “I oppose Gretchen Whitmer’s endless attempts to disrupt Line 5,” Dixon told The Center Square. “The pipeline provides propane to heat our homes, gasoline for our cars, jet fuel for the Detroit airport, diesel for our truckers, and starter chemicals for plastics production. It is too important to our economy for liberal radicals like Gretchen Whitmer to sabotage it. When I defeat her, Line 5 will be safe from her attacks.” “...Permanently closing Line 5, warns Associated Builders and Contractors President Jimmie Green, is opposed by both unions and the organization he leads. ABC has endorsed Dixon’s campaign. “It isn’t often that the laborers’ unions and Associated Builders and Contractors agree on policy issues,” Green texted The Center Square. “In fact, it’s a rarity. But we’re completely aligned on Line 5 and keeping it open. That Gov. Whitmer’s position on shutting it down aligns two competing organizations is a reflection on how wrong she is on this issue.”
Appalachian Voices: Residents to attend federal agency meeting in Cookeville to express opposition to pipeline
10/3/22
“This Wednesday, community members from Jackson and Putnam counties will be at the Cookeville High School to tell decision-makers how they feel about a proposed gas pipeline in their communities. Enbridge Inc. — a multinational pipeline giant based in Canada — has proposed building a 125-mile pipeline to carry so-called “natural gas” through Middle and East Tennessee. The pipeline would cut through eight Tennessee counties and deliver gas to the Kingston Fossil Plant if the Tennessee Valley Authority converts it to gas. While Enbridge intends to profit from this project, rural Tennesseans have much to lose. If the pipeline contaminates groundwater or surface water during construction, rural communities could lose access to clean water for drinking and farming. Public safety could be threatened if the pipeline were to explode — like Enbridge’s existing pipeline in Smith County did in 2018. In Kentucky, another Enbridge gas pipeline exploded in 2019, tragically killing one woman, injuring six people and destroying five homes. While the vast majority of pipeline jobs are temporary, these risks to our communities are long-term. This pipeline would also put important cultural resources in our region at risk… “The Federal Energy Regulatory Commission is holding a series of scoping meetings this week, including the meeting in Cookeville, to gather public comment that will inform its analysis of the proposed pipeline’s environmental impacts. This analysis will help FERC decide whether to approve Enbridge’s pipeline.”
The Center Square: North Dakota still owes millions from defending Dakota Access pipeline five years ago
Kim Jarrett, 10/3/22
“North Dakota officials still owe millions in loans taken out by the state to police the 233-day protest of the Dakota Access Pipeline that ended five years ago,” The Center Square reports. “A long list of agencies worked together as more than 5,000 protestors camped out on federal lands near the pipeline's construction site from August 2016 to March 2017, according to a federal lawsuit filed against the United States Army Corp of Engineers by the North Dakota District Attorney's Office in 2019. The state spent more than $38 million on emergency services. The state still owes $13 million to $14 million, legislative budget analyst Allen Knudson told the Government Finance Committee last week. The state is not making payments on the loan as it awaits a decision on the federal lawsuit, he said… "When the trespassers finally left, they left behind a spoiled environment and a vast quantity of noxious waste, garbage, and debris to be cleaned up by the state at considerable cost," the lawsuit said. North Dakota officials allege in the lawsuit that USACE did not do enough to issue permits or control the crowds on federal lands.”
Amnesty International: Construction of pipeline on Indigenous territory endangers land defenders
10/3/22
“Wet’suwet’en land defenders in Canada are at risk of serious human rights violations as the construction of the Coastal GasLink pipeline has reportedly begun under the Wedzin Kwa (Morice River), said Amnesty International today. “The decision to allow the construction of the Coastal Gaslink pipeline on Wet’suwet’en lands without the free, prior, and informed consent of the Wet’suwet’en Hereditary Chiefs is a brazen violation of the community’s right to self-determination and a lamentable step backwards in Canada’s journey toward reconciliation with Indigenous peoples. Moreover, expansion of fossil fuels extraction and infrastructure is against Canada’s obligation to protect human rights from the worst impacts of the climate crisis,” said Ketty Nivyabandi, Secretary General of Amnesty International Canada (English-Speaking). “Amnesty International Canada calls on the governments of Canada and B.C. to halt pipeline construction in the traditional, unceded territories of the Wet’suwet’en.” Wet’suwet’en Hereditary Chiefs – the traditional authorities of the Nation according to Wet’suwet’en Law as well as the Supreme Court of Canada’s 1997 Delgamuukw ruling – have never consented to the Coastal GasLink pipeline project, even though some elected First Nations governments have signed benefit agreements with the company. The Wedzin Kwa (Morice River) is one of the last remaining clean sources of drinking water and salmon spawning grounds in the territory, and Wet’suwet’en Hereditary Chiefs have raised concerns that the pipeline project would damage the river. The decision to allow the construction of the Coastal Gaslink pipeline on Wet’suwet’en lands without the free, prior, and informed consent of the Wet’suwet’en Hereditary Chiefs is a brazen violation of the community’s right to self-determination and a lamentable step backwards in Canada’s journey toward reconciliation with Indigenous peoples.”
Castanet: Contempt trial of four pipeline protesters begins with lengthy body-cam video
Tim Petruk, 10/3/22
“Anti-pipeline protesters could be heard loudly shouting, singing, drumming and screaming in an hour-long video played Monday morning in B.C. Supreme Court at the start of a week-long trial of four people accused of violating an injunction two years ago at a Trans Mountain work site in Kamloops,” Castanet reports. “...The trial got underway Monday with body-cam video captured by Const. Tim Samarasinghe, a member of a specialized RCMP unit that only deals with protesters alleged to be violating industrial injunctions… “When the two parties came face to face, the protesters began to drum, sing and shout. Some used zip ties to attach themselves to construction equipment. “I am in ceremony, I am in ceremony,” one woman can be heard yelling in the video, while police try to arrest her. A Mountie can then be seen reading the injunction to the protesters, who were eventually carried away to police vehicles. Thomas, Sauls, Cavanaugh and Pierre are all self-represented. Thomas and Cavanaugh were reprimanded by B.C. Supreme Court Justice Shelley Fitzpatrick while cross-examining Samarasinghe on Monday morning. Thomas, in particular, was told a number of her questions were not appropriate or relevant — including her first one: “What is your nationality and where are you from?” She suggested the question was relevant because the trial is about race, but Fitzpatrick disagreed. “This is not a racial case,” the judge said, ordering Thomas to move on.”
Press release: Enbridge Announces Al Monaco's Retirement; Names Greg Ebel as President and CEO
10/3/22
“Enbridge Inc. today announced Al Monaco's retirement as President and Chief Executive Officer and from its Board of Directors effective January 1, 2023. Concurrent with this announcement and after considering internal and external candidates, the Board of Directors has appointed Greg Ebel, currently Board Chair, to succeed Mr. Monaco as President and Chief Executive Officer. Mr. Ebel will also continue as a member of the Board of Directors. A new independent Board Chair will be named prior to January 1, 2023. To support Mr. Ebel through the transition, Mr. Monaco will serve as an advisor to March 1, 2023… “Since 2017, Mr. Ebel has held the position of Chair of the Board which has, along with the Board, provided strategic oversight and leadership to the Company throughout its ongoing transformation. "Greg is well positioned to lead Enbridge in the next phase of growth," said Mr. Monaco. "His leadership at Spectra built it into one of the premier North American gas infrastructure businesses, and over the last five years, his Board oversight has been highly supportive of Enbridge's strategy and execution. Combined with his deep knowledge of the industry, Greg is an excellent choice to lead Enbridge. I wish Greg all the best in his new role and look forward to the continued success of Enbridge."
Reuters: Mexico's CFE ordered to pay Canada firm $85 mln in arbitration case
Dave Graham and Stefanie Eschenbacher, 10/3/22
“Mexican state power utility Comision Federal de Electricidad (CFE) last year lost an international arbitration case to Canadian firm ATCO Ltd (ACOx.TO) , and had to pay redress of about $85 million, according to three people familiar with the matter,” Reuters reports. “Though the case relates to a pipeline contracted by the previous Mexican government, it offers an indication of the sort of dispute compensation the current administration could have to pay over its contentious moves to tighten state control of the energy market… “ATCO had already built most of the 17 kilometer (11 mile) pipeline due to supply a power station. But the firm said it could not finish the final stretch due to resistance by local communities, and therefore invoked force majeure. The Canadian company argued Mexico had not done enough to enable the pipeline's completion, and the court agreed, the sources told Reuters… “Still, in July, the U.S. Trade Representative requested dispute settlement talks with Mexico over billions of dollars in energy investments, arguing Lopez Obrador's policies violated the United States-Mexico-Canada (USMCA) trade agreement… “In August, Canadian firm TC Energy said it had sealed a deal with CFE to build a $4.5 billion pipeline in southeast Mexico. In the announcement, TC Energy said the two sides had agreed to "mutually terminate" international arbitration relating to other pipelines the Canadian firm was building in Mexico.”
KNOX: ND still pushing natural gas pipeline project
Doug Barrett, 10/3/22
“December 15th is the new deadline on a pipeline to bring Bakken natural gas to the Red River Valley,” KNOX reports. “And oil industry officials say without it, oil production will go down. Ron Ness is the president of the North Dakota Petroleum Council. He told a Legislative interim committee he’s working with potential customers in eastern North Dakota for that gas. North Dakota Pipeline Authority executive director Justin Kringstad says without a demand for natural gas – and a pipeline to deliver it – it will cause oil companies to have to ratchet-back production, in order to meet the state’s flaring guidelines. The state is offering $150 million to help build the pipeline.”
Bucks County Courier Times: Sunoco begins pipeline work in Delaware River at Upper Makefield near Washington Crossing site
Damon C. Williams, 10/4/22
“Residents along a section of River Road in Washington Crossing are bracing for months of heavy construction as Sunoco begins work on replacing its pipeline under the Delaware River,” the Bucks County Courier Times reports. “The work is part of the anticipated, and already approved, 14-Inch Twin Oaks to Newark Jacobs Creek Pipeline Relocation project… “Midstream energy company Energy Transfer is replacing and relocating a section of the pipeline, which runs under the Delaware River through Upper Makefield in Bucks, and Hopewell and Ewing in New Jersey. It will be repaired and relocated several dozen feet from its current location. The Twin Oaks to Newark refined product pipeline system consists of a 111-mile, 14-inch pipeline originating at the Twin Oaks pump station, adjacent to Sunoco's Marcus Hook Tank Farm, south of Philadelphia, and terminating in Newark and Linden, in northern New Jersey.”
WASHINGTON UPDATES
E&E News: Supreme Court appears to back EPA in WOTUS war
Pamela King, Hannah Northey, 10/3/22
“The Supreme Court on Monday appeared reluctant to wrest wetlands permitting power from EPA in a dispute that had been expected to significantly narrow the scope of the Clean Water Act,” E&E News reports. “During oral arguments in Sackett v. EPA, at least some of the six conservative justices indicated that they were skeptical of arguments from an Idaho couple that the Supreme Court should reach back to its 2006 decision in Rapanos v. United States to apply a more restrictive approach to Clean Water Act jurisdiction penned by the late Justice Antonin Scalia and upend about 50 years of federal practice. The couple — Michael and Chantell Sackett — argue that Scalia’s approach would finally allow them to build their dream home near Idaho’s Priest Lake — without a costly federal permit. But conservative justices’ inquiries about the text of the Clean Water Act and practices of prior administrations indicated that the court “is not just reflexively adopting the petitioners’ call for wholesale adoption of the Scalia plurality Rapanos test, or buying the Sacketts’ focus on traditional navigable waters,” Georgetown University law professor Bill Buzbee told E&E. He added: “No question indicates the Court’s willingness to basically write wetlands out of the statute.” “...With six conservative justices on the bench — including some who look to Scalia as a mentor — legal observers had expected the Sacketts to easily win their case. But during arguments, the justices largely did not focus on the question of whether Kennedy’s or Scalia’s test should rule Clean Water Act jurisdiction. Rather, they homed in on the definition of an “adjacent” wetland and whether the Sacketts’ property would qualify as one. Even some of the Republican-appointed justices did not appear ready to side with the Sacketts, Kevin Minoli, former EPA acting general counsel and a partner at the firm Alston & Bird LLP, told E&E.”
Washington Post: As gas prices rise, Democrats scramble to lay blame on Big Oil
Evan Halper, 10/4/22
“As prices at the pump trend up nationwide, the Biden administration is scrambling to shelter Democrats from consumer frustration, laying blame on oil company opportunism and threatening new restrictions on the industry,” the Washington Post reports. “In public comments and private meetings with oil executives, administration officials are warning that the White House could take extraordinary — and potentially economically risky — steps to bring costs down if the companies do not move more aggressively to shield Americans from price spikes. The renewed attention on the cost of fuel comes as gas prices have jumped in recent days by as much as 60 cents per gallon in some regions, posing a political challenge for Democrats. A decline in prices that stretched for 99 days helped to improve their prospects in next month’s midterm elections, during which control of Congress and several key governorships is at stake. But now prices are rebounding, and the tools the administration has for curbing them are limited. The most potent policy option the White House has is emergency authority to limit exports to other nations, a strategy that would be targeted at boosting inventories at home but which could destabilize global markets and exacerbate the energy crunch. It would also be tricky to balance with the president’s commitment to keep as much oil flowing to Europe as possible… “Nevada, Washington, Oregon and Alaska have all seen prices jump by at least 40 cents per gallon in the past week. Throughout the swing states of the Midwest, the increase has been less severe, but large enough for drivers to feel the pain… “But oil companies are still posting eye-popping profits throughout these challenges, giving an opening for top administration officials and their allies to charge that corporate greed is a key factor. They have taken every opportunity to do so.”
STATE UPDATES
The Advocate: Carbon capture faces ferocious pushback in parts of Louisiana: 'Help us stop this, man'
LARA NICHOLSON and JACQUELINE DeROBERTIS, 9/30/22
“When two companies planning carbon capture projects appeared before the Livingston Parish Council this week, residents overcrowded the parking lot and packed shoulder to shoulder into the hearing room to speak out against them,” The Advocate reports. “The council had already voted to block not just those plans, which would pump carbon into the ground near Holden and under Lake Maurepas, but all injection wells for a year. Yet residents still showed up in force, accusing some leaders of keeping the projects quiet and siding with big companies instead of their constituents. “The project is moving way too fast. They run in here with the big money talk, bully, bully, bully our communities,” Kinion Bankston, a North Albany resident told state representatives. “Help us stop this, man. We love that lake. We absolutely love that lake.” The audience, which had cheered and yelled throughout his speech, erupted in applause. It wasn't just Livingston. In St. Helena and Tangipahoa Parishes, residents turned up in droves this past week to demand parish leaders block injection wells in their parishes. At issue is a process of capturing the carbon created in industrial processes and pumping it deep underground instead of emitting it into the air. Industry experts laud the practice as a way to fight climate change in a world still reliant on oil and gas. But environmentalists — and now many residents in the Florida parishes — fear the process will harm their vibrant wildlife, the local economy and personal safety. “It’s all tied to the oil and gas industry. It’s not that we’re against that,” said Eric Harrell, another Livingston Parish resident who lives in the Holden area. “This is kind of a new technology that hasn’t been widely done. There’s been failures in other parts of the country. We basically don’t want that.”
Earthjustice: Gulf Communities Celebrate Blow to Proposed Offshore Oil Terminal and Vow to Keep Fighting
10/3/22
“Today, the U.S. Environmental Protection Agency (EPA) announced that Bluewater Texas Terminals, LLC will revise air permits for an offshore oil terminal in Texas,” according to Earthjustice. “This revision comes after communities in the Texas Coastal Bend, alongside regional and national groups, demanded that EPA enforce the Clean Air Act to limit dangerous pollution with legal and expert-witness comments submitted by Earthjustice and Environmental Integrity Project. Last month, EPA announced it would change its legal interpretation that would allow Bluewater to operate without pollution controls, citing these and other public comments. Bluewater had sought air permits from EPA allowing it to be the largest emitter of volatile organic compound (VOC) pollution in the United States for an offshore oil terminal located off the coast of Corpus Christi, Texas. The terminal would load some of the largest oil tankers in the world with hundreds of millions of barrels of fracked oil per year for export. This oil would cause about two-hundred million tons per year in greenhouse gas emissions, exacerbating the climate crisis. “We applaud the action taken by the EPA on Bluewater's Permit,” said Errol Summerlin of Portland Citizens United and the Coastal Alliance to Protect our Environment (CAPE). “It was reprehensible that Phillips 66 and Trafigura would ask the EPA to waive any air emissions controls whatsoever on this facility, which will be upwind from coastal communities and wildlife habitat. We’ll continue to defend public health and the effort to control emissions that exacerbate climate change.”
Billings Gazette: An estimated 31,000 gallons of gasoline spilled in train derailment near Bridger
PAUL HAMBY, 10/1/22
“A cargo train derailed late Friday night outside of Bridger, and dozens of crew members have been onsite around the clock clearing the debris,” the Billings Gazette reports. “As many as 15 rail cars derailed near Bridger Friday evening. The cars that went off the tracks were carrying gasoline, animal fat and plywood. Although neither of the two people onboard the train were harmed, an estimated 31,000 gallons of gasoline spilled from damaged cars… “A local resident reported the derailment at around 11:30 on Friday. The BNSF train was heading east, and 15 of its approximately 115 cars went off the rails about a half-mile east of Bridger. Two of the derailed cars were carrying gasoline, and started leaking after the impact. HAZMAT personnel with BNSF worked to prevent contamination of the surrounding farmland. Evacuation warnings were issued to residents in the surrounding area, Thomas told the Gazette… “In the estimation of the amount of gasoline spilled by the derailment, Karas said one 30,000-gallon tank had emptied completely. A second damaged tank leaked about 1,000 gallons before BNSF workers repaired the tank. As of Saturday afternoon, there was no information available of the possible contamination of groundwater or the area's irrigation systems.”
CalMatters: Fight escalates between Newsom, oil industry
Emily Hoeven, 10/3/22
“Gov. Gavin Newsom hadn’t even finished dispensing with all of the bills on his desk ahead of Friday’s midnight deadline before he issued a call for new legislation,” CalMatters reports. “We’re not going to stand by while greedy oil companies fleece Californians,” the governor said in a stern Twitter video, citing a lopsided surge in gas prices that has resulted in Californians paying about $2.50 more per gallon at the pump than the national average. Newsom asked state lawmakers to introduce a windfall tax that would cap oil companies’ profits, tax at a higher rate any earnings above that ceiling and return the money to taxpayers via rebates — potentially similar to those the state is set to begin depositing in millions of residents’ accounts this week… “Newsom on Friday also directed the state’s air regulators to allow refineries to begin producing winter-blend gasoline immediately, rather than waiting until after Oct. 31 as required by law… “Meanwhile, the California Energy Commission sent a letter to five refinery executives, demanding they respond by today to a series of questions, including: “Why have gasoline prices risen so dramatically in the past 10 days despite a sharp downturn in global crude prices, no significant unplanned refinery outages in the state, and no increases in state taxes or fees?” The oil industry is taking actions of its own: On Thursday, Secretary of State Shirley Weber cleared for signature-gathering a proposed referendum to overturn a law Newsom signed last month to prohibit new or extensively retrofitted oil or gas wells within 3,200 feet of homes, schools, nursing homes and hospitals. It’s the latest example of industry turning to the ballot box to challenge laws coming out of Sacramento.”
Center for Biological Diversity: California Oil Group Pays Fees to Advocacy Groups It Harassed, But Dodges Multimillion Dollar Judgment
10/3/22
“The California Independent Petroleum Association, an oil industry trade association, paid the city of Los Angeles, Youth for Environmental Justice, South Central Youth Leadership Coalition, and the Center for Biological Diversity nearly $650,000 as part of a bankruptcy reorganization plan today, after years of litigation. The bankruptcy allowed the petroleum association to avoid paying in full a court-ordered $2.3 million judgment for bringing a retaliatory SLAPP suit — “Strategic Lawsuit Against Public Participation” — against the groups and the city. The SLAPP suit forced the groups into years of unnecessary litigation until a judge determined that the suit was intended to harass the groups after they won neighborhood oil drilling protections in Los Angeles in 2015… “On Sept. 20, a California bankruptcy court approved the final plan under which the groups received a fraction of the judgment awarded by the trial court. “The idea that Big Oil can’t afford to pay its due judgment to kids and conservationists is a bad punchline to a terrible joke,” said Maya Golden-Krasner, an attorney at the Center for Biological Diversity’s Climate Law Institute. “Justice would have the industry ponying up the millions it owes for harassing and intimidating youth groups fighting for clean air. But greasing the legal system to avoid penalties is about as predictable as the climate damage from their dirty fossil fuels.” “...Despite its bankruptcy, the petroleum association has continued to spend hundreds of thousands on lobbying this year to oppose legislation aimed at protecting communities from oil industry pollution. The petroleum association supported a referendum in Ventura County to overturn a law that would have increased environmental oversight of oil and gas drilling. An association board member is behind a statewide referendum to try to repeal S.B. 1137, California’s landmark legislation establishing setbacks that would prohibit new permits for oil activities within 3,200 feet of homes, schools, hospitals and other sensitive sites.”
Carlsbad Current-Argus: $157M oil and gas land sale targets Permian Basin in southeast New Mexico
Adrian Hedden, 10/4/22
“A Minnesota-based oil and gas company sought to build its presence in the Permian Basin, targeting the western Delaware sub-basin in southeast New Mexico and West Texas during a time of growing fuel demand and value for American fossil fuels,” the Carlsbad Current-Argus reports. “Northern Oil and Gas (NOG) announced it bought $157 million in oil and gas assets in the region, about 2,800 acres in Eddy and Lea counties on the New Mexico side of the basin, and in Loving County, Texas along the state line. The assets were expected to produce an average of 3,000 to 3,500 barrels of oil equivalent (boe) per day in 2023 at about 68 percent oil… “The deal was part of a broader trend of oil and gas companies consolidating known oil and gas assets in the wake of COVID-19, opting for financial discipline and shareholder returns after the pandemic brought an historical decline in oil prices and production.”
Grist: Unstable Ground: How thawing permafrost threatens a Biden-supported plan to drill in Alaska's Arctic.
Adam Federman, 10/3/22
“Along an open stretch of tundra far above the Arctic Circle, a gas flare burns bright against the early morning sky,” Grist reports. “...On March 4, the fossil fuel company reported an uncontrolled gas leak at the facility. According to ConocoPhillips’ own analysis, an estimated 7.2 million cubic feet of natural gas was released into the atmosphere during the first five days of the leak, equivalent to the annual carbon emissions of over 3,000 cars. Residents in Nuiqsut complained of headaches and nausea… “Permafrost thaw, which is accelerated by drilling and new construction, played an important role in the leak: In its incident report submitted to the state, ConocoPhillips explained that the heat generated by the injection of drilling fluids deep underground had thawed the permafrost layer — ground that had been frozen for thousands of years — to a depth of about 1,000 feet, which ultimately allowed the gas to reach the surface. But the problem didn’t end there. This same thawing process had affected some of the neighboring wells — there are about 50 wells on the CD1 pad, each about 10 feet apart — forming what Steve Lewis, a retired petroleum engineer who worked in the region for 20 years, described as a “gas highway,” creating multiple pathways for the gas to migrate. In its report, ConocoPhillips called this phenomenon a “thaw bulb.”
EXTRACTION
Reuters: Nord Stream rupture may mark biggest single methane release ever recorded, U.N. says
9/30/22
“The ruptures on the Nord Stream natural gas pipeline system under the Baltic Sea have led to what is likely the biggest single release of climate-damaging methane ever recorded, the United Nations Environment Programme said on Friday,” Reuters reports. “A huge plume of highly concentrated methane, a greenhouse gas far more potent but shorter-lived than carbon dioxide, was detected in an analysis this week of satellite imagery by researchers associated with UNEP's International Methane Emissions Observatory, or IMEO, the organization said. “This is really bad, most likely the largest emission event ever detected," Manfredi Caltagirone, head of the IMEO for UNEP, told Reuters. “This is not helpful in a moment when we absolutely need to reduce emissions.” Researchers at GHGSat, which uses satellites to monitor methane emissions, estimated the leak rate from one of four rupture points was 22,920 kilograms per hour. That is equivalent to burning about 630,000 pounds of coal every hour, GHGSat said in a statement.”
Common Dreams: 'Their Greed Knows No Bounds': Analysis Shows Ongoing Price Gouging by Oil Giants
BRETT WILKINS, 10/3/22
“A government watchdog group on Monday published a new briefing analyzing fossil fuel corporations' continued price gouging—even as crude oil prices fall to their lowest levels since January,” Common Dreams reports. “Accountable.US noted in its analysis that although crude oil prices have fallen below $80 per barrel, "prices for consumers are still 13% higher than they were last time oil was this cheap." "Why are gas prices still failing to match lower oil prices? Corporate greed," the group asserted. "Big Oil is boasting record profits and dragging their feet to pass any lower costs onto consumers in order to keep padding investors' pockets." Jordan Schreiber, director of energy and environment at Accountable.US, said in a statement that "as crude oil prices plummet, Big Oil's thinly veiled excuses for price gouging break down." "Instead of passing the savings down to consumers trying to financially recover from the industry's unprecedentedly high prices at the pump this summer, Big Oil decided to further line the pockets of its wealthy shareholders and executives with more of everyday consumers' hard-earned money," Schreiber added. "Given this is all after Big Oil raked in a record-shattering $138 billion profits last quarter, it's clear their greed knows no bounds."
OPINION
San Francisco Chronicle: No, carbon capture is not necessary to solve climate change
Chirag Bhakta is the California director of Food & Water Watch, 10/2/22
“Gov. Gavin Newsom made headlines early last month when he signed a historic package of climate change legislation designed to advance California’s climate goals,” Chirag Bhaka writes for the San Francisco Chronicle. “...While there is much to laud in the “climate package,” it has one significant flaw: it endorses and codifies carbon capture, a favored climate ploy of the fossil fuel industry. Carbon capture and storage, or CCS, is the process of capturing carbon dioxide before it enters the atmosphere, transporting it and storing it underground indefinitely. Despite being portrayed — often by the fossil fuel industry — as a necessary tool to address climate change, it actually is not. And as far as being an important tool for meeting the state’s goal of becoming carbon-neutral, CCS is an unproven technology at best. At worst, it’s ineffective and potentially dangerous. Despite billions of dollars in investment, CCS has not had much success… “These, as well as poor outcomes for CCS projects globally, have led many climate experts, including scientists from the Intergovernmental Panel on Climate Change, to warn repeatedly that CCS is unproven and does not work at scale. Moreover, carbon capture poses real threats to humans and the environment. Leaks during the transporting and storage of CO2 are possible. In 2020, a carbon pipeline ruptured in Satartia, Miss., sending a thick fog of carbon dioxide into town, causing asphyxiation, disorientation and nearly killing several residents. Add in that California is an earthquake-prone state and that risk of leaks climbs even higher. So why does the fossil fuel industry love CCS? For the same reason many environmental, climate justice and community organizations have long opposed it: it gives the industry a lifeline to continue operating and distracts from the only real way to effectively address climate change — by phasing out fossil fuels completely. It’s not hard to see why, when faced with those two options, the fossil fuel industry is all in with CCS… “While CCS is already built into the state’s plans, the governor can stop carbon capture from becoming a pillar of California’s climate policy. In his July letter to the air resources board, Newsom urged them to “supercharge” their efforts in combating climate change. As the board works to finalize its scoping plan , the governor can follow-up that directive to guide the board away from carbon capture. If he doesn’t take action, the governor risks undoing all the progress of his “climate package” in favor of Big Oil’s profits.”
The Hill: GOP killed permitting reform — giving Democrats a new campaign issue
Paul Bledsoe is strategic adviser with the Progressive Policy Institute (PPI) and served on the White House Climate Change Task Force under President Clinton. Elan Sykes is an energy policy analyst at PPI and previously worked at the Climate Leadership Council, 10/3/22
“Over the last two years, Congress has passed a series of landmark bills that together fund more than $500 billion in clean energy investment, by far the largest ever enacted. More importantly, generous tax incentives can spur many trillions in direct private sector investments, creating a powerhouse U.S. advanced energy sector. Yet, right now, a broken U.S. energy permitting system short circuits thousands of major projects, imposing tremendously high costs in time and money to build clean infrastructure projects, if they get built at all,” Paul Bledsoe and Elan Sykes write for The Hill. “Congress had an opportunity to fix this roadblock through a permitting reform bill, but despite claiming to support reform, Senate Republicans effectively killed the measure in a nakedly political effort to deny Democrats a popular policy win. Democrats should turn the tables on the GOP, making the economic and climate costs of this hypocritical action a major campaign issue in the upcoming midterm elections. Ironically, in the name of environmental protection, a perverse process has developed over decades whereby often unnecessary and duplicative government reviews and nuisance lawsuits have pushed average time for permitting to 4.3 years for electricity transmission, 3.5 years for pipelines and 2.7 years for renewable energy generation projects… “Republicans and Democrats should support pending legislation if another attempt at passage of Manchin’s permitting reform proposals occurs as part of the National Defense Authorization Act. If that proves impossible, then Democrats must make permitting reform a prominent economic, security and climate issue in November’s election. That, in turn, could lead to passage during a “lame duck” session after Election Day. Otherwise, Congress risks undermining much of the good work it has done the last two years.”
The Hill: Here’s how to improve Manchin’s permitting proposal — to help more energy projects
James W. Coleman is a nonresident fellow at the American Enterprise Institute and a professor of law at Southern Methodist University, 9/30/22
“While Sen. Joe Manchin (D-W.Va.) has withdrawn his own permitting bill, it is expected to surface again as Congress turns to permitting reforms to make it easier to build the necessary infrastructure for the energy systems of the future — especially after authorizing $370 billion in funding for new, cleaner-energy sources,” James W. Coleman writes for The Hill. “All the money in the world will not help projects without building permissions, but Manchin’s proposal is not well-designed to speed up construction of infrastructure for new energy sources. The bill could be salvaged, though, by making a few strategic changes to transform it into a much better vehicle for speeding up permitting and securing cleaner, more reliable, and affordable energy for America… “There are two big legal permitting challenges: First, in the same way that a land owner might block an unsightly power line, however necessary, states and communities often seek to block nationally important projects. I document these growing roadblocks for energy construction in an American Enterprise Institute report. Second, federal government permits are being held up by longer and longer environmental reviews. Even when a review is completed, projects can be held up for years by courts that stop construction while they ask the government to do more review… “The reality, though, is that this is not an improvement at all when federally approved projects also face Kafkaesque permitting challenges. For example, while interstate natural gas pipelines already receive federal approval, they are routinely stopped by local and court objections… “As it stands, the Manchin proposal is a costly lost opportunity to speed up permitting of new energy projects. The focus on federalizing review of clean energy projects is particularly unhelpful when the proposal doesn’t address the problems that are making federal reviews so slow for energy project developers. The good news is that the Manchin proposal could be improved relatively simply if it added limits on federal court and state delays on nationally approved projects. Doing so would accelerate construction of the infrastructure America needs to build a better energy future.”
National Review: Joe Manchin Did Not Get Played on Permitting Reform
Editors, 10/3/22
“Just about the only good idea to come from a Democratic senator this congress was Joe Manchin’s permitting-reform proposal. It would have greenlit all remaining permits for the Mountain Valley pipeline in West Virginia and limited the time and length of all reviews under the National Environmental Policy Act,” write the Editors of the National Review. “The other West Virginia senator, Republican Shelley Moore Capito, introduced an even better permitting-reform package that would also codify various regulatory decisions from the Trump administration to reduce red tape and allow states the right to develop energy on federal lands. But Manchin’s proposal came from the majority party in the Senate and had the supposed support of the majority leader… “And it should not have been a surprise that Schumer would not actually bring to the floor a bill that divides his own caucus. The radical environmentalist voices on the left would not abide anything perceived as weakening the NEPA, and they certainly wouldn’t abide anything to approve pipeline construction. The permitting reform would have needed bipartisan support to pass… “Manchin did not get played here. This episode played out exactly as one would expect if you assume that Manchin is ultimately a tax-and-spend Democrat, which is what he has always been. This is a senator who has played games about his support for Obamacare for years, trying to stake out some kind of moderate position in his rhetoric, but then siding with Democrats every chance he gets to expand the program. Manchin might not use the progressive-speak on cultural issues that most Democrats use, and he might vote to confirm Republican appointees, but on fiscal policy, he’s a run-of-the-mill Democrat who has hardly ever seen a spending bill he didn’t like. What was unusual was his insistence on some kind of limit, even a $1.5 trillion limit, on Build Back Better. That this supposed deal with Schumer blew up should have been completely expected.”