EXTRACTED: Daily News Clips 11/3/23
PIPELINE NEWS
Associated Press: Format of public comment meetings for Dakota Access oil pipeline upsets opponents
KFYR: Format change allows DAPL public comments to be heard on a broader scale
Reuters: Canada's Trans Mountain ordered to stop pipeline work over environmental non-compliance
WisPolitics: Clean Wisconsin: Calls on appeals court to order immediate Line 5 shut down, citing imminent risk of rupture
Mountain Messenger: Communities concerned about MVP pipeline water pollution, explosion risk
KFYR: A look back at the debate on DAPL
Reuters: Enterprise Products doubles down on gas liquids with pipelines, processing plants
Offshore Energy: Additional CO2 pipeline network positions ExxonMobil’s low-carbon business for ‘profitable growth’
Daily Local: Damaged Mariner East pipeline in West Whiteland is repaired
Bloomberg: Exxon, Pipeline Company Demand California Safety Valve Approval
Associated Press: Nebraska pipeline opponent, Indonesian environmentalist receive Climate Breakthrough awards
WASHINGTON UPDATES
Associated Press: Sale of federal oil and gas leases in Gulf of Mexico on hold pending hearings on whale protections
U.S. EPA: Biden-Harris Administration Announces State and Tribal Allocations for $48 Million Grant Program to Protect Groundwater Resources and Tackle Climate Change
Guardian: Climate groups launch national tour for Green New Deal
E&E News: Senate Democrats Demand Probe Of Exxon, Chevron Deals
E&E News: Republican climate bill looks to spark carbon tariff talks
Durango Herald: New Bill Would Prevent Rule From Increasing The Costs Of Oil And Gas Production
Law360: XTO Inks $16m Deal With Feds On Underpaid Gas Royalties
STATE UPDATES
Philadelphia Inquirer: How Pro-Fossil Fuel Groups Helped Sway The Public Against Offshore Wind In New Jersey
KTWO: Judge Dismisses Climate Activists Seeking To Stifle Wyoming Drilling Permits
KSL.com: Utah leaders appeal dismissal of Bears Ears, Grand Staircase-Escalante monuments lawsuit
Greater Baton Rouge Business Report: Louisiana Legislature set to revisit carbon capture debate
Capital and Main: New Mexico’s Wild Hydrogen Days
EXTRACTION
Guardian: Extinction Rebellion co-founder guilty of breaking window at HS2 protest
Globe and Mail: Canadian Natural Resources president says Ottawa should ensure consistent regulatory environment across economic sectors
Bloomberg: New Technology Could Capture Carbon and Water Out of Thin Air
TODAY IN GREENWASHING
SooToday: Enbridge supports firefighter training in Thessalon
OPINION
The Cap Times: Costs of Line 5 exceed benefits
NorthJersey.com: New Jersey’s lawsuits won’t affect climate change. They attack our business sector
The New Republic: Natural Gas Is Way Worse Than Coal
PIPELINE NEWS
Associated Press: Format of public comment meetings for Dakota Access oil pipeline upsets opponents
11/2/23
“Opponents of the Dakota Access oil pipeline are taking issue with the format of private oral testimony in meetings for public comment on a draft environmental review of the controversial pipeline,” the Associated Press reports. “The U.S. Army Corps of Engineers is in the midst of two public comment meetings in Bismarck, North Dakota, the first held Wednesday, the second set for Thursday. People wishing to give testimony may do so orally in a curtained area with a stenographer, or do so in writing at tables… “Many opponents of the pipeline had hoped Wednesday’s meeting would have allowed them to publicly question the Corps and pipeline developer Energy Transfer, The Bismarck Tribune reported… “About 150 to 200 people attended Wednesday’s meeting, Corps spokesperson Steve Wolf told The Associated Press. About 80 people gave oral testimony, taken down by two stenographers, which Wolf told AP enabled the Corps to receive more comments… “I understand the fact that some people want to be performative and try to create some kind of a fanfare in front of an audience of people, but that’s not the spirit and intent of the law or the meeting,” Wolf told the AP. The Corps is “absolutely on the right side of the law in how we’re doing this,” he told AP… “The public comment meetings should be held on the reservation, Peter Capossela, one of Standing Rock’s attorneys, todl AP. The Bismarck meetings are more convenient for corporate executives and state officials than for tribal members who live as far as 120 miles (190 kilometers) away, he told AP. “If the Army Corps is genuinely interested in hearing the views of tribal members and learning about the potential environmental impacts of an oil spill at the DAPL/Lake Oahe crossing, it would have held public hearings on the reservation that’s going to be polluted by a spill,” Capossela told the AP… “The public comment period ends Dec. 13. A final decision whether to grant or deny the easement is expected in late 2024.”
KFYR: Format change allows DAPL public comments to be heard on a broader scale
Bella Kraft, 11/2/23
“The fate of the Dakota Access Pipeline is now in the hands of the Army Corps of Engineers as public comment wrapped up on Thursday evening,” KFYR reports. “Many people say they were shocked on Wednesday when they heard public comment about a DAPL Environmental Impact Statement would be in a one-on-one booth. ”I was very disappointed but not 100% surprised because the Army Corps have been making their own rules since day one,” executive director of ND Native Vote and Standing Rock Sioux tribal member Nicole Donaghy told KFYR. On the second night of public comment, the format changed, and people got the chance to have their voices heard by all in the room. ”We have to speak out,” Donaghy told KFYR. The Corps said the previous format was more efficient and would curb any public speaking fears. However, many people stepped up in front of the room to speak into a microphone. People opposed to DAPL reiterated their worries about the pipeline being so close to the reservation and the impact on the water and environment.”
Reuters: Canada's Trans Mountain ordered to stop pipeline work over environmental non-compliance
Nia Williams and Ismail Shakil, 11/2/23
“The Canada Energy Regulator (CER) on Thursday ordered the Trans Mountain oil pipeline expansion project to stop work in a wetland area near Abbotsford, British Columbia, after inspectors found several environmental and safety-related non-compliances,” Reuters reports. “The order is the latest hold-up for the Canadian government-owned project, which has been plagued by years of regulatory delay, environmental opposition and massive cost overruns. Some of the non-compliances include insufficient fencing to protect amphibians and unapproved vegetation clearing, the regulator said in a notice on its website. The CER issued an Inspection Officer Order to Trans Mountain ordering it to stop work in the wetland until the non-compliances are corrected, investigate their root cause and conduct a safety inspection to confirm the site is safe for work… “Work on the oil pipeline expansion project is more than 95% complete, Trans Mountain said… “Prime Minister Justin Trudeau's Liberal government bought the pipeline in 2018 to ensure the expansion project went ahead. However, the cost has more than quadrupled since then to C$30.9 billion ($22.49 billion), partly due to delays in construction.”
WisPolitics: Clean Wisconsin: Calls on appeals court to order immediate Line 5 shut down, citing imminent risk of rupture
11/2/23
“Clean Wisconsin has filed a brief with the U.S. Court of Appeals for the Seventh Circuit calling for an immediate injunction against operation of Enbridge’s Line 5 oil pipeline, which runs across the Bad River Band of Lake Superior Chippewa’s reservation near Lake Superior, saying a catastrophic rupture is imminent,” WisPolitics reports. “...We cannot ignore the magnitude of environmental and economic harm a rupture would cause. Oil from the pipeline would almost certainly make its way down the full length of the Bad River into Lake Superior,” says Clean Wisconsin attorney Brett Korte… “The court properly found that a rupture is imminent and would devastate the Bad River and Lake Superior watersheds. But its decision to delay relief for three years contradicts that finding and the urgent need for an immediate shutdown,” Korte says. “The ecosystems threatened by a rupture of Line 5 are irreplaceable. Lake Superior is the guardian of 10% of the world’s freshwater. It would be a tragedy if this national treasure was decimated by a foreseeable oil spill.” Enbridge is challenging the District Court’s findings of trespass and public nuisance and the June 2026 shutdown order. The Bad River Band is defending the trespass and nuisance findings but is appealing the June 2026 shutdown order. Clean Wisconsin filed an amicus brief to support the Tribe’s appeal.”
Mountain Messenger: Communities concerned about MVP pipeline water pollution, explosion risk
Nadia Ramlagan, 11/2/23
“After a federal appeals court this week denied a request from a group of Virginia landowners to stop construction of the Mountain Valley Pipeline on their land under eminent domain, communities near the pipeline say the project’s scale raises serious concerns about safety and landslide risk,” Mountain Messenger reports. “...Activist and Roanoke County resident Ben James told the Messenger he’s already witnessed forests destroyed and spoken with residents who say their water has been contaminated. “It’s ruined people’s water supplies,” James told the Messenger. “It certainly changes the landscape just by the nature of it being built. It’s caused a lot of problems in people’s watersheds and from pollution and just disrupting the water systems.” “...James told the Messenger residents remain concerned about pipeline explosions, which pose a serious threat. “No one in politics seems to be doing anything about it at this point,” James told the Messenger. “But there’s a lot of people who live here and a lot of people from other areas that care about the environment and care about the damage this is doing to communities.”
KFYR: A look back at the debate on DAPL
Sara Berlinger, 11/2/23
“The conversation on the construction and operation of the Dakota Access Pipeline has been ongoing for years,” KFYR reports. “...After several public hearings, the PSC unanimously approved the project in January 2016. Several months later, protests against the pipeline began on the Standing Rock Sioux Reservation. Tribal members were worried about the pipeline being so close to the reservation and its impact on the water and the environment… “Protests included thousands of Native Americans from various tribes and other demonstrators against construction. The debate has continued into the present day and this week the Corps of Engineers will hear from the public and later decide on the pipeline’s future.”
Reuters: Enterprise Products doubles down on gas liquids with pipelines, processing plants
Arathy Somasekhar, 10/31/23
“Enterprise Products, an energy pipeline operator based in Houston, has unveiled ambitious expansion plans in a strategic move to meet the growing global demand for natural gas liquids (NGLs),” Reuters reports. “The company is set to establish a 550-mile pipeline from the Texas Permian Basin, construct new natural gas processing plants, and transform an existing oil pipeline in Texas into one dedicated to NGL transportation. Executive Vice President of Enterprise Products, Christian Nelly, emphasized the immediate need for NGL takeaway during an earnings call with analysts and investors. This move is part of the company's renewed focus on NGLs, essential components for producing plastics and gasoline, a sector experiencing substantial growth coupled with the flourishing U.S. export market… “The company's expansion strategy includes the construction of a 550-mile pipeline with the capacity to transport up to 600,000 barrels per day (bpd) of NGLs from the West Texas shale fields to Houston… “Additionally, the company plans to build two new natural gas processing plants and a fractionation unit designed to effectively separate the diverse components of NGLs. Enterprise Products is taking preliminary steps to convert the Seminole Pipeline, transporting up to 210,000 bpd of crude oil, into a conduit for NGLs starting in December.”
Offshore Energy: Additional CO2 pipeline network positions ExxonMobil’s low-carbon business for ‘profitable growth’
Melisa Cavcic, 11/3/23
“U.S.-headquartered energy giant ExxonMobil has wrapped up the acquisition of Denbury, a developer of carbon capture, utilization and storage (CCS) solutions and enhanced oil recovery. This expands the oil major’s low-carbon business, enabling it to have the largest owned and operated CO2 pipeline network in the United States,” Offshore Energy reports. “...Darren Woods, ExxonMobil’s Chairman and CEO, commented: “This transaction is a major step forward in the profitable growth of our Low Carbon Solutions business. Our expertise, combined with Denbury’s talent and CO2 pipeline network, expands our low-carbon leadership and best positions us to meet the decarbonization needs of industrial customers while also reducing emissions in our own operations.” Thanks to this acquisition, which added more than 1,300 miles, including nearly 925 miles of CO2 pipelines in Louisiana, Texas, and Mississippi, ExxonMobil claims to now be in possession of the largest owned and operated CO2 pipeline network in the U.S. located in one of the largest U.S. markets for CO2 emissions. The firm also has access to more than 15 strategically located onshore CO2 storage sites… “While working on decarbonizing its operations, the oil major is also embarking on a search for more hydrocarbons.”
Daily Local: Damaged Mariner East pipeline in West Whiteland is repaired
BILL RETTEW, 11/2/23
“Although the Mariner East pipeline just recently started shipping the byproduct of fracking, the company is back digging to fix an underground anomaly in the pipe,” the Daily Local reports. “A release on the West Whiteland Township website reads that the pipeline “dent,” or anomaly, near Exton Station, was discovered during routine preventive maintenance. The website reads that maintenance is used to “detect anomalies before they become safety issues.” Work is in progress to remediate it and should be completed by Nov. 8… “Township Manager Pam Gural-Bear and Brian Dunn, chairman of the board of supervisors, met with the Energy Transfer Integrity Team in a pre-arranged meeting at the site. Dunn told the Local that he was alarmed after he was told by Energy Transfer representatives that the pipeline was active. Volatile ethane is running through the pipe, while sandblasting is ongoing, but Dunn was told that it was safe. Dunn asked repeatedly if the repairs were unsafe. “They kept saying ‘No,’ ” Dunn told the Local. “I was a little scared. “I just wanted to see the dent and take pictures.” “...Presuming the dent was caused during construction, it’s concerning that it was missed by Energy Transfer in previous inspections — a dent could lead to pipeline failure and a catastrophic event,” Ginny Marcille-Kerslake, a resident of West Whiteland Township and Eastern Pennsylvania organizer of Food and Water Watch, told the Local. “It’s also concerning that the pipeline continued to transport ethane under high pressure throughout the repair, including sandblasting and excavation with heavy equipment. Chester County residents continue to be put at risk for this out-of-state corporation to profit from the export of fracked natural gas liquids.”
Bloomberg: Exxon, Pipeline Company Demand California Safety Valve Approval
Shayna Greene, 11/2/23
“Pacific Pipeline Co. and Exxon Mobil Corp. challenged the Santa Barbara County Planning Commission and Board of Supervisors’ denial of permit applications to install automated safety valves on a pipeline system,” Bloomberg reports. “The companies told the US District Court for the Central District of California on Wednesday that the valves are necessary to comply with Assembly Bill 864, which requires operators of existing pipelines under the jurisdiction of the Office of the State Fire Marshal near the coastal zone to retrofit pipelines with the best available technologies to reduce the risk of oil spills.”
Associated Press: Nebraska pipeline opponent, Indonesian environmentalist receive Climate Breakthrough awards
MARGERY A. BECK, 11/2/23
“A political leader and oil pipeline opponent from the U.S. Midwest and an environmentalist from Indonesia have been named this year’s recipients of grants awarded annually by a nonprofit climate-action organization in San Francisco,” the Associated Press reports. “Jane Kleeb, chair of the Nebraska Democratic Party and the founder of pipeline opposition group Bold Nebraska, is the third U.S. recipient of the Climate Breakthrough Award, which is named after the organization… “Kleeb and Syahrani will each receive a $3 million grant, as well as separate funding for fundraising, legal and communications support and other efforts. Eligible awardees may also receive a $600,000 matching grant toward the end of the three-year grant period to attract additional funding and further support their work.”
WASHINGTON UPDATES
Associated Press: Sale of federal oil and gas leases in Gulf of Mexico on hold pending hearings on whale protections
11/2/23
“An upcoming sale of federal Gulf of Mexico oil and gas leases was officially postponed Thursday amid legal fights over protections for an endangered species of whale,” the Associated Press reports. “A federal appellate panel last week paused a separate appeals panel’s order that the sale be held next Wednesday. Oil industry advocates had pressed President Joe Biden’s administration to go ahead with the sale anyway. But the Bureau of Ocean Energy Management said it was postponing the event because of the legal uncertainties heading into a Nov. 13 appeals court hearing… “Until the court rules, BOEM cannot be certain of which areas or stipulations may be included in the sale notice,” the BOEM statement said. Reaction against the decision came quickly from the American Petroleum Institute and the National Ocean Industries Association. “Once again, the Administration is standing against domestic oil and gas production,” NOIA’s president, Erik Milito, told AP.”.
U.S. EPA: Biden-Harris Administration Announces State and Tribal Allocations for $48 Million Grant Program to Protect Groundwater Resources and Tackle Climate Change
11/2/23
“Today, the U.S. Environmental Protection Agency (EPA) announced grant allocations for states and Tribes to tap into over $48 million in funding through President Biden’s Investing in America agenda to develop and implement Underground Injection Control (UIC) Class VI programs… “Under the Safe Drinking Water Act, Class VI programs ensure that groundwater resources are protected while supporting the permanent sequestration of carbon dioxide (CO2) to reduce greenhouse gas emissions and tackle the climate crisis. “Under President Biden’s Investing in America agenda, we have committed to providing support and resources to states, Tribes, and territories to help them reduce climate pollution in an environmentally responsible way that reflects the input of local communities,” said EPA Administrator Michael S. Regan. “This program boosts state and regional efforts to develop clean energy solutions while ensuring that critical water supplies are protected.” “...As a condition of receiving funding, applicants to the new UIC Class VI grant program must demonstrate how environmental justice and equity considerations will be incorporated into their UIC Class VI primacy programs. Primacy program commitments may include identifying communities with potential environmental justice concerns, enhancing public involvement, developing appropriately scoped environmental justice assessments, enhancing transparency throughout the permitting process, and minimizing adverse effects associated with permitting actions. Through this grant program, EPA is ensuring state UIC Class VI programs follow the Safe Drinking Water Act mandate to protect underground sources of drinking water. EPA is supporting state, Tribal and territory efforts to obtain primacy - primary responsibility (primacy) for implementing and enforcing their UIC Class VI program - under the Safe Drinking Water Act and to develop UIC Class VI programs that incorporate environmental justice and equity as core principles. Participating states and Tribes can use this one-time funding opportunity to establish and implement UIC Class VI programs… “EPA has, under the Safe Drinking Water Act, developed stringent federal requirements for injecting CO2 that protect public health by ensuring injection wells do not contaminate underground sources of drinking water. These UIC regulations mandate using a variety of measures to assure that injection activities will not endanger these drinking water sources.”
Guardian: Climate groups launch national tour for Green New Deal
Dharna Noor, 11/1/23
“One year after the passage of the much-lauded Inflation Reduction Act, a coalition of organizers and representatives are relaunching the push for a Green New Deal with a national tour,” the Guardian reports. “The Inflation Reduction Act was the largest climate investment in US history,” John Paul Mejia, a national spokesperson for the youth-led climate justice organization the Sunrise Movement, one of the groups hosting the tour, told the Guardian. “But for the next 10 years, we should work to make [it] the smallest by winning stuff that’s much larger.” The tour, which kicks off with an event in Michigan this month, will aim to showcase widespread support for even bolder federal climate action, and will feature Green New Deal champions including Senator Ed Markey of Massachusetts and the representatives Ilhan Omar, Jamaal Bowman, Cori Bush and Summer Lee alongside local advocates. It will be led by the Green New Deal Network, a coalition of progressive environmental groups that include the Sunrise Movement, Greenpeace and Climate Justice Alliance, social justice organizations such as People’s Action and the Movement for Black Lives, and the small left-liberal Working Families political party. Supporters are calling for stronger executive action as well as the passage of a suite of proposals in Congress.”
E&E News: Senate Democrats Demand Probe Of Exxon, Chevron Deals
Timothy Cama, 11/1/23
“Senate Democrats are pushing federal regulators to scrutinize a pair of major oil industry acquisitions and potentially fight to stop them,” E&E News reports. “Senate Majority Leader Chuck Schumer (D-N.Y.) and 22 others in his caucus told Federal Trade Commission Chair Lina Khan in a Wednesday letter that deals announced last month by Exxon Mobil to buy Pioneer Natural Resources and by Chevron to buy Hess are ‘likely to harm competition.’ The proposed deals are some of the largest acquisitions of the century, with Exxon’s at $60 billion and Chevron’s at $53 billion. ‘By allowing Exxon and Chevron to further integrate their extensive operations into important oil-and-gas fields, these deals are likely to harm competition, risking increased consumer prices and reduced output throughout the United States,’ the senators wrote, also pointing to potential harm to small businesses and workers’ wages. ‘The Federal Trade Commission (FTC) must carefully consider all of the possible anticompetitive harms that these acquisitions present,’ they said. ‘Should the FTC determine that these mergers would violate antitrust law, we urge you to oppose them.’”
E&E News: Republican climate bill looks to spark carbon tariff talks
Emma Dumain, 11/3/23
“Senators of both parties say they want to begin more serious discussions around a bipartisan framework for imposing fees on carbon emissions-heavy industrial and energy imports,” E&E News reports. “The turning point, they say, is the introduction of legislation from Sen. Bill Cassidy (R-La.), which marks the very first time a Republican has put forward a formal, fleshed-out policy proposal in this arena. The Thursday unveiling of the “Foreign Pollution Fee Act” also comes amid mounting urgency for the United States to engage with the European Union as the bloc pursues its own carbon border adjustment mechanism, or CBAM, to slap tariffs on carbon-intensive imported goods. “I am glad that this is happening,” Sen. Sheldon Whitehouse (D-R.I.), who has introduced CBAM legislation in the past, told E&E… “Whitehouse, who told E&E he had been in “fairly constant contact” with Cassidy on the “Foreign Pollution Fee Act,” expressed confidence lawmakers would soon begin to meet to advance the discussions. Sen. Chris Coons (D-Del.), who has also introduced a carbon tariff plan, told reporters Thursday that Cassidy is eager to negotiate… “Cassidy’s “Foreign Pollution Fee Act,” which the senator has been teasing for months, is designed to leverage data showing the United States produces materials like steel, aluminum and cement “cleaner” than foreign adversaries — namely China.”
Durango Herald: New Bill Would Prevent Rule From Increasing The Costs Of Oil And Gas Production
Weslan Hansen, 11/1/23
“A bill introduced by U.S. Rep. Lauren Boebert would prevent a proposed rule to raise bonding levels on millions of acres in Colorado that would restrict oil and gas leasing on federal lands,” the Durango Herald reports. “The Fluid Mineral Leases and Leasing Process rule proposed by the Bureau of Land Management would change fees, rents and royalties to reflect provisions from the Inflation Reduction Act. It will also update bonding requirements for leasing, development and production on federal land, as well as include preference criteria to protect critical habitats and endangered species. Boebert’s legislation, the Restoring American Energy Dominance Act, also co-sponsored by 10 other representatives, would prevent the Bureau of Land Management from passing the proposed rule and other similar rules. The Bureau of Land Management rule seeks to prevent orphan wells on federal lands and utilize bonds for well plugging, which occurs by removing a pumping system and structures and then later sealing it.”
Law360: XTO Inks $16m Deal With Feds On Underpaid Gas Royalties
Bonnie Eslinter, 11/1/23
“ExxonMobil subsidiary XTO Energy Inc. will pay $16 million to resolve False Claims Act allegations that it underpaid royalties due from natural gas produced from Native American and federal lands, the U.S. Department of Justice announced Wednesday,” Law360 reports. “Mineral royalties provide an important source of income for the United States, Native Americans and various states,” said Principal Deputy Assistant Attorney General Brian M. Boynton, head of the Justice Department’s Civil Division. The settlement resolves the government’s claims that XTO improperly deducted costs associated with getting the gas in marketable condition and also underpaid royalties owed from the carbon dioxide produced from the Native American and federal lands. XTO also charged improperly high fees to transport the natural resource according to the government.”
STATE UPDATES
Philadelphia Inquirer: How Pro-Fossil Fuel Groups Helped Sway The Public Against Offshore Wind In New Jersey
Frank Kramer, 11/1/23
“The New Jersey Department of Environmental Protection, which has been working with NOAA, began receiving concerns from various groups that offshore wind was causing whale deaths,” the Philadelphia Inquirer reports. “The DEP, however, noted that no offshore wind-related construction has taken place, and there is no ‘credible evidence’ that offshore wind-related surveys could cause whale mortality. Rather, the DEP said it believed warming ocean temperatures are causing whales and the fish they eat, including menhaden, to move into new areas, bringing them into areas frequented by vessels. Regardless, anti-wind groups began suggesting survey vessels used by the offshore wind industry interfered with whale movements because of sonar — even though sonar has been widely used by other industries including fishing. Cable news, talk radio, and social media helped spread the word. The claims captured the public’s attention. Protect Our Coast NJ, one of the most outspoken anti-wind groups, raised donations for the Ocean Environment Legal Defense Fund through its Facebook group and a web page. The fund is administered by the Caesar Rodney Institute, a Delaware based group that originated as a conservative nonprofit, but now bills itself as nonpartisan. Protect Our Coast NJ told the Inquirer the institute has no role other than to hold the group’s money. The Heartland Institute, a ‘free-market’ think tank, has also been involved in tying offshore wind to North Atlantic right whale deaths. It has been closely aligned with fossil fuel and conservative groups.”
KTWO: Judge Dismisses Climate Activists Seeking To Stifle Wyoming Drilling Permits
Kolby Fedore, 11/1/23
“U.S. District Court Judge Tanya S. Chutkan, District of Columbia, has dismissed a lawsuit filed by the Center for Biological Diversity and WildEarth Guardians against the Department of Interior, Debra Haaland, Bureau of Land Management, and Tracy Stone-Manning for lack of standing by the plaintiffs in a suit that aimed to shut down all drilling permits in the state of Wyoming issued since 2021,” KTWO reports. “...Had the case been upheld, close to 900 applications would have been vacated (plus more in New Mexico). The 254 page complaint glares at the impact drilling has on the climate: ‘The drilling of these oil and gas wells will likely emit 490-600 million metric tons of carbon dioxide equivalent (‘CO2e’) greenhouse gas pollution over the course of their lifespans, equivalent to the annual emissions of between 131-161 coal fired power plants. This is both a nationally and globally significant quantity of emissions.’”
KSL.com: Utah leaders appeal dismissal of Bears Ears, Grand Staircase-Escalante monuments lawsuit
Cassidy Wixom, 11/1/23
“The Utah Attorney General's Office is appealing the decision by a federal judge to dismiss the state's lawsuit against President Joe Biden's designation of Bears Ears and Grand Staircase-Escalante national monuments,” KSL.com reports. “The brief, filed Tuesday, argues Biden's designation of more than 3.2 million acres and over 500 objects deemed having "historic or scientific interest" violates the Antiquities Act of 1906, which limits the president's ability to create monuments "confined to the smallest area compatible with proper care and management of the objects to be protected," a statement from the attorney general's office says. "In doing so, (the president) made it a crime for southern Utahns to go on land that they have lived and worked on for generations, to turn over soil, do roadwork, prevent wildfires, remove invasive species, or care for wildlife," the appeal claims. The appeal says a majority of the 500 objects deemed of historic or scientific interest do not qualify under the Antiquities Act's requirements and include "ordinary things" such as soil, shrubs, rice-grass, beetles, bees, sunflowers and forested slopes. It claims the monument designations increase vandalism, desecration and theft; and have caused the "lush landscapes" to decay and native plants and animals to die… “U.S. District Judge David Nuffer sided with the federal government and four Native American tribes, who had petitioned for the lawsuit to be dropped, in a 28-page ruling on Aug. 11. "In spite of the sincere and deeply held view of the plaintiffs, there is no relief for them in this action," Nuffer concluded. "President Biden's judgment in drafting and issuing the proclamations as he sees fit is not an action reviewable by a district court."
Greater Baton Rouge Business Report: Louisiana Legislature set to revisit carbon capture debate
David Jacobs, 11/2/23
“A Louisiana legislative task force established to consider the local impacts of carbon capture and sequestration will begin meeting on Monday,” according to the Greater Baton Rouge Business Report. “Projects that include carbon capture could be worth billions in Capital Region investment, though many local officials and residents are concerned about safety and ecological damage, and some experts question whether the technology even works as advertised. Established by State Sen. Heather Cloud, R-Turkey Creek, the Senate task force “to study the benefits and revenue streams of carbon capture and sequestration projects and related issues” would also include the attorney general’s office and Keith Hall, who directs LSU’s Energy Law Center. Industrial gas company Air Products has announced plans to build a multibillion dollar “blue” hydrogen energy complex in Ascension Parish. Plans to inject carbon dioxide associated with the project beneath Lake Maurepas have drawn fierce opposition, though bills that would slow or halt those plans were shot down during this year’s legislative session.“
Capital and Main: New Mexico’s Wild Hydrogen Days
Jerry Redfern, 11/1/23
“New Mexico Gov. Michelle Lujan Grisham flew to Australia earlier this month with an oil and gas lobbyist and the head of a natural gas industry group to speak at a hydrogen conference,” Capital and Main reports. “...Lujan Grisham’s office announced that she was leading a trade mission to Australia, culminating in the Asia-Pacific Hydrogen 2023 Summit in Sydney, just days before departure. A press release named nine others joining the governor, including a representative from Avangrid (which is trying to buy New Mexico’s largest public electric utility); the former chief commercial officer for BayoTech, an Albuquerque-based manufacturer of machines that turn natural gas into hydrogen; Jason Sandel, the head of an oil and gas well-servicing company in Farmington, New Mexico, chair of a natural gas industry group and a major political backer of Lujan Grisham; and Jennifer Bradfute, an oil and gas lobbyist and lawyer for years with Marathon Oil who recently joined ExxonMobil… “The same day as the federal hydrogen hub announcements, Lujan Grisham kicked off the nonprofit New Mexico Climate Investment Center to centralize state applications for federal climate investment money. While addressing protesters who decried her hydrogen hopes, Lujan Grisham said that New Mexico has “all the right geology” for hydrogen development. That comment grew clearer later in the week when the New Mexico Bureau of Geology & Mineral Resources published its semi-annual newsletter, usually devoted to describing the state’s geology to the public. This time, it explained how the state’s geology could benefit hydrogen production and the economy… “Last month, the Institute for Energy Economics and Financial Analysis released a withering report titled “Blue Hydrogen: Not clean, not low carbon, not a solution” that punches holes in the economic, environmental and scientific arguments around fossil fuel hydrogen… “The build-out of hydrogen is speculative, time-intensive and will be arduous,” Mike Eisenfeld, the energy and climate program manager with the San Juan Citizens Alliance, told Capital and Main. “The denial of the WISHH submittal suggests that blue hydrogen was properly assessed as extremely problematic.” About the state’s continued hard push for hydrogen, Feibelman told Capital and Main, “It’s really quite, quite baffling.”
EXTRACTION
Guardian: Extinction Rebellion co-founder guilty of breaking window at HS2 protest
Isabella Kaminski, 11/1/23
“The co-founder of Extinction Rebellion has been found guilty of criminal damage for breaking the window of a government department in a protest against the environmental impact of HS2,” the Guardian reports. “Dr Gail Bradbrook was convicted on Wednesday by a jury after 45 minutes, after a two-day trial at Isleworth crown court. The trial was held five years after Extinction Rebellion’s first acts of civil disobedience in London, when the group issued a declaration of rebellion in an effort to draw attention to the climate emergency. Bradbrook told the Guardian she felt “at peace” with the jury’s decision. “When you commit acts of civil disobedience you don’t have the hope or expectation to get off,” she told the Guardian. “This is about doing the right thing.” Bradbrook told the Guardian she hoped the increasing criminalisation of climate protesters would draw attention to the “real climate criminals” supporting the production and use of fossil fuels that were a significant contributor to anthropogenic greenhouse gas emissions… “[Judge Martin] Edmunds said the case was not about the principles of the climate crisis but about breaking a window. “It’s not the place for a public demonstration of your views,” he told Bradbrook. Bradbrook maintained that when she broke the window she believed she would be able to argue that she had acted out of necessity, a defence that activists often try to use in court. However, the jury was told such a defence had been explicitly denied to protesters in recent legal decisions. Despite being curtailed repeatedly by the judge, Bradbrook told the jury she felt she had to tell the “whole truth” in order to have a fair trial and to be consistent with her sworn oath of honesty. Bradbrook did not dispute that she broke the window but maintained that she was not a criminal. Representing herself in court, she stressed that the action was peaceful and said she took care that no one was harmed. “I’m not a lawyer but I am a mother, a mother of two boys, and I’m also a trained scientist,” she said. “And I’m also a person who cares very deeply about justice and about life on Earth. I care that life continues and that my children have a future.”
Globe and Mail: Canadian Natural Resources president says Ottawa should ensure consistent regulatory environment across economic sectors
EMMA GRANEY, 11/2/23
“The federal government needs to do more to ensure a consistent and predictable regulatory environment across all economic sectors, says the president of Canada’s largest oil and gas producer, who is set to retire next year,” the Globe and Mail reports. “Canadian Natural Resources Ltd. on Thursday announced the exit of Tim McKay, who has spent 33 years at the Calgary-based company. In an interview, he told the Globe and Mail one of the biggest challenges during his tenure as president has been the speed of shifting government fiscal and environmental targets and policies. Whether it’s the looming federal cap on oil and gas emissions or climate targets, rapid policy changes have become increasingly difficult to work with – particularly when governments lack familiarity with how changes will affect industry, Mr. McKaytold the Globe and Mail… “But when “governments come in after the fact and give you a different target, it’s difficult to operate, because you’ve already set your plan in motion.” “...Canadian Natural would also continue developing an effective framework for the Pathways Alliance’s plan to bring oil sands production to net-zero emissions by 2050, Mr. Stauth told The Globe and Mail. “If you just look at what we’re trying to do, it’s net zero by 2050. We’re going to stay focused on that. And that’s really what’s important to us at this time.”
Bloomberg: New Technology Could Capture Carbon and Water Out of Thin Air
Michelle Ma, 11/3/23
“A lightly trafficked stretch of road near Bakersfield, California, may seem an odd place to try to solve two environmental crises at once. But there, sandwiched between a decommissioned solar thermal project and an almond farm, a company is testing a machine that can suck carbon dioxide and water out of the air,” Bloomberg reports. “That machine is the first attempt by Avnos, a Los Angeles-based startup, to prove it can do what it calls hybrid direct air capture (DAC). Its technique would clean the air of CO2 and capture water that can be used in an era of worsening drought. It’s a moonshot bet on an already moonshot technology.”
TODAY IN GREENWASHING
SooToday: Enbridge supports firefighter training in Thessalon
11/2/23
“Enbridge Gas Inc. is helping the Thessalon Fire Department purchase firefighting training materials, through Safe Community Project Assist–a program with the Fire Marshal’s Public Fire Safety Council (FMPFSC) that supplements existing training for Ontario volunteer and composite fire departments in the communities where Enbridge Gas operates,” SooToday reports. “At Enbridge Gas, safety is at the core of what we do. Providing support to Ontario firefighters with emergency response training, we’re equipping the heroes of tomorrow to better protect the communities we live and work in–keeping them healthy and vibrant,” says Brent Belec, Operations Supervisor, Sault Ste. Marie and area, Enbridge Gas. This year’s $250,000 donation from Enbridge Gas will be shared by 50 Ontario fire departments, including the Thessalon Fire Department. Funds are used to purchase educational materials to assist in training firefighters in life-saving techniques. Since the launch of Safe Community Project Assist in 2012, 344 grants have been provided to Ontario fire departments for additional firefighter training.”
OPINION
The Cap Times: Costs of Line 5 exceed benefits
Julie Gutmanis, 11/2/23
“Recently a number of full-page ads and letters have asserted that Enbridge’s Line 5 pipeline is of great economic importance to everyday Wisconsinites, that its shutdown would have a calamitous effect on propane prices and that its reroute would bring over 700 “family-sustaining” construction jobs, with 10% for Native workers,” Julie Gutmanis writes for The Cap Times. “These claims are overstated: Several studies dispute this propane narrative, and these jobs would only be temporary. But what is missing even more than nuance in this boosterism is the big picture — one that reveals the great risks and costs of Line 5, which far outweigh any possible benefits. The proposed reroute would cross nearly 200 waterways, and a spill (Enbridge has a long record of those) would threaten the Kakagon Sloughs’ wild rice, Copper Falls State Park, and even Lake Superior… “As for the pipeline benefiting Native communities, the Bad River Band of Lake Superior Chippewa disagrees. In 2019 the Band sued Enbridge, demanding that it remove the pipeline from the Bad River watershed, which the proposed reroute lies within. Then there is the biggest picture, one that includes everyone on this planet. After a summer of climate disasters worldwide, it is ever clearer that instead of entrenching our fossil fuel energy system, we need to commit, belatedly but finally and fully, to the transition to a sustainable energy system.”
NorthJersey.com: New Jersey’s lawsuits won’t affect climate change. They attack our business sector
Jim Kirkos is president and CEO of the Meadowlands Chamber of Commerce, 11/2/23
“One year ago this month, New Jersey joined several states that are suing energy producers in their local courts over climate change. Such litigation sadly does nothing to address the global challenge of climate change, yet can harm employers, workers and consumers in our state,” Jim Kirkos writes for NorthJersey.com. “...In contrast, this litigation inappropriately targets companies and industries that operate in New Jersey and elsewhere for emissions coming from beyond our borders and even internationally. The plaintiffs, by virtue of the suits, effectively want to force companies to stop producing essential oil and natural gas products and instead transition to alternative energy entirely. That goal is simply unrealistic. Those of us who advocate for economic development in North Jersey need to project a “business-friendly” environment. These lawsuits undermine our collective efforts to generate economic activity, which suggests a hostility without justification. If the trial lawyers bringing these lawsuits are successful, these cases could set a harmful precedent for the state’s private economic core. It has the grave potential of adversely affecting thousands of small businesses in New Jersey — businesses that employ just about half the state’s workforce. Should we all be looking to protect the environment? Of course. Negatively affect New Jersey’s business environment in the process? Not necessary.”
The New Republic: Natural Gas Is Way Worse Than Coal
Kate Aronoff, 11/2/23
“Natural gas may be worse for the world than coal, but it’s got two important things on its side: the word natural and the seemingly unconditional support of the United States government,” Kate Aronoff writes for The New Republic. “Preliminary research by Cornell University’s Robert Howarth, reported in The New Yorker by Bill McKibben this week, finds that “natural” (methane) gas may be 24 percent worse for the climate than coal in the best-case scenario. That’s thanks to extensive methane leaks at just about every stage of its production, from drilling to transportation. In the worst-case scenario—when LNG makes long journeys on old, polluting tankards—the fuel is 274 percent worse for the environment than coal is. So why is the Biden administration enthusiastically trying to expand methane exports?... “Both the industry and the administration have argued that such projects are necessary to provide energy security to “our European allies,” who have been attempting to wean themselves off gas from Russia since it invaded Ukraine last year… “This all seems a bit incongruous with the administration’s other professed goals, like keeping the world from warming by more than 1.5 degrees Celsius (2.7 degrees Fahrenheit)... “Another explanation, if one considers national security adviser Jake Sullivan’s recent essay for Foreign Policy, is a bit darker. Sullivan paints a bleak picture of a country beset by competition with its geopolitical rivals. Adjusting to the “new realities of power,” he writes, means recognizing that “international power depends on a strong domestic economy.” “...Sullivan acknowledges that climate change is important. But he seems to think that solving it will depend on America’s ability to shape the world order in its own image… “Looking to bolster domestic supply chains for clean energy is a perfectly fine goal. But if the ultimate prize is preserving the U.S. as a de facto super power, there’s no reason why expanding clean energy would need to be mutually exclusive with ever-expanding fossil fuel exports. If the Biden administration really wants to plan for decarbonization, that would entail a very different approach—one that treats LNG and the ever-worsening picture of its emissions as something other than a “source of strength.”