EXTRACTED: Daily News Clips 12/20/21
PIPELINE NEWS
MPR: Appeals court to decide if Minnesota DNR can be sued in tribal court
Facebook: Gidimt'en Checkpoint: Gidimt'en Clan Evicts Coastal Gaslink from Drill Site; Re-Occupies Coyote Camp
Wisconsin Public Radio: Intertribal agency raises concerns with state's draft review of a proposed oil pipeline reroute
Wisconsin State Journal: Enbridge Line 5: DNR seeks comment on environmental review of pipeline reroute
The Detroit News: Will new federal pipeline rule affect Line 5 Straits segment?
Associated Press: Pipeline Firm Fights Order to Name Iowa Landowners in Path
Des Moines Register: Carbon pipeline company continues fight to keep all property owner names on planned Iowa route secret
Des Moines Register: Carbon pipelines could extend ethanol’s viability, but some Iowa farmers say they’re not worth the tradeoffs
The Messenger: Naig addresses CO2 pipelines
Maryland Matters: Gas Company Continues to Push for Potomac Pipeline Project, Mixed Signals from State Agencies
Grist: Indigenous and environmental activists say they were illegally spied on
Engineering News-Record: FERC Gets Tougher on Natural Gas Pipeline Pollution Violators
Appalachian Voices: Wins and losses come as the fight against the Mountain Valley Pipeline continues
Oil & Water Don’t Mix: With Enbridge atop the Naughty List, Would Santa Claus Really Support Wild Claims about the Impact of a Line 5 Shutdown?
WASHINGTON UPDATES
E&E News: Manchin burns climate package. What happens now?
E&E News: Dems scramble, seethe after Manchin kills climate bill
E&E News: ‘Not the end of the road’: Greens defiant as bill collapses
TIME: Climate Experts Say Vacuuming CO2 From the Sky Is a Costly Boondoggle. The U.S. Government Just Funded It Anyway
STATE UPDATES
Oregon Public Broadcasting: State approves new, ‘more aggressive’ Climate Protection Program
Pew Trusts: California Oil Spill Prompts New Push to Ban Offshore Drilling
Public News Service: Blocked Portland Oil-By-Rail Facility Faces One More Test
Associated Press: BNSF to pay $1.5 million after oil train spill in Iowa
Colorado Newsline: Colorado oil and gas regulators release updated bonding proposal ahead of January hearing
Longmont Times-Call: Boulder County says new oil and gas requirements shared Friday fail climate goals
EXTRACTION
Reuters: U.S. offers 18 mln barrels of oil from emergency reserve
E&E News: Is hydrogen ‘clean energy?’ Infrastructure law spurs fight
E&E News: 2 Studies Raise Questions About Severity Of Methane Emissions
Rigzone: Oil May Hit $380 Per Barrel
CBC: Alton Gas sites to be decommissioned by end of 2022
Treehugger: Why Do Oil Spills Happen? Causes, Examples, and Prevention
OPINION
I Heart Climate Voices: Treaty People Must Stop Line 3 and Protect the Gulf. And Guess What? We Are All Treaty People.
Virginia Mercury: Chickahominy Pipeline: Should we trust them?
The Narwhal: ‘I felt kidnapped’: a journalist’s view of being arrested by the RCMP
Forbes: Does Philip Morris International (PMI) Provide The Managerial Playbook For Western Oil Majors?
Bloomberg: Saudis Are Right to Warn of a Collapse in Oil Supply
PIPELINE NEWS
MPR: Appeals court to decide if Minnesota DNR can be sued in tribal court
Dan Gunderson, 12/16/21
“In August, a lawsuit filed in White Earth Tribal Court attempted to stop the Minnesota Department of Natural Resources from issuing a permit to Enbridge Energy to pump water from trenches dug to lay the pipe for the Line 3 oil pipeline,” MPR reports. “White Earth said the permit violated a tribal code approved in 2018 that protects wild rice… “Appearing before the appeals panel in St. Paul on Dec. 16, Assistant Attorney General Oliver Larson argued on behalf of the DNR that the tribal court lacks jurisdiction over the agency. He cited three reasons: The water permit was issued off the reservation, the tribal court does not have jurisdiction over nontribal members and the state of Minnesota has sovereign immunity against such a suit. Larson told the appeals court that White Earth wanted a legal determination that they could extend their tribal code off the reservation to treaty lands… “Attorney Joe Plumer, presenting the argument for the White Earth Band, countered that while the DNR water use permit was issued outside of the reservation boundaries, it negatively impacted wild rice growing on Lower Rice Lake, a preeminent wild rice producing lake… “Plumer said those damages violate the tribal law protecting wild rice. He cited some of the same legal precedents as the state, but highlighted portions of those cases, which he said prove the White Earth Tribal Court has jurisdiction in this case. The 8th Circuit Court of Appeals will issue a ruling in the case at a later date.”
Facebook: Gidimt'en Checkpoint: Gidimt'en Clan Evicts Coastal Gaslink from Drill Site; Re-Occupies Coyote Camp
12/19/21
“Early Sunday, Gidimt'en land defenders evicted Coastal Gaslink workers and re-established control of Coyote Camp, the site where Coastal Gaslink plans to drill beneath Wet'suwet'en headwaters. This courageous action took place one month after a wave of militarized raids on Gidimt'en land, where police with assault weapons, dogs, and sniper rifles arrested 30 people, including land defenders, journalists, and legal observers. Wet'suwet'en people have never surrendered this land, and we never will. Our lands are not for sale, and the safety of our waters is non-negotiable. In early 2020, Hereditary Chiefs from all five clans of our nation stood together and issued an eviction to CGL. That eviction remains in force today. We are calling for supporters to join us on the ground, or take action where you stand.”
Wisconsin Public Radio: Intertribal agency raises concerns with state's draft review of a proposed oil pipeline reroute
Danielle Kaeding, 12/20/21
“An intertribal agency says the state’s draft environmental review of a Canadian firm’s $450 million plan to reroute an oil and gas pipeline across northern Wisconsin is incomplete and flawed,” Wisconsin Public Radio reports. “The Wisconsin Department of Natural Resources released its draft environmental impact statement on Thursday for a roughly 40-mile reroute of Enbridge’s Line 5 in Ashland and Iron counties. The pipeline carries up to 23 million gallons of oil and natural gas liquids per day from Superior to Sarnia, Ontario. Enbridge wants to move the pipeline after the Bad River Band of Lake Superior Chippewa sued the company in 2019 to shut down and remove Line 5 from the tribe’s reservation… “The Great Lakes Indian Fish and Wildlife Commission, which represents 11 Ojibwe tribes, told the DNR in a Dec. 10 letter that the state’s review has significant gaps in information. The commission’s environmental section leader John Coleman and environmental specialist Esteban Chiriboga said the draft released Thursday lacks adequate data to support the impacts of any oil spill to downstream waters, including Lake Superior. They said it also fails to assess compliance with the Bad River tribe’s water quality standards or combined impacts of other projects. “There really needs to be a thorough description of the risks being posed by putting this pipeline around the reservation…and Enbridge does not have a great history with spills,” Coleman told WPR… “Enbridge must obtain permits from multiple state and federal agencies. The DNR is currently accepting public comment on the proposed reroute. A public hearing will be held on Feb. 2.”
Wisconsin State Journal: Enbridge Line 5: DNR seeks comment on environmental review of pipeline reroute
Chris Hubbuch, 12/17/21
“The Wisconsin Department of Natural Resources is seeking public review of its preliminary environmental review of a Canadian company’s plans to reroute an oil pipeline around a Native American reservation in northern Wisconsin,” the Wisconsin State Journal reports. “As a result of a lawsuit filed by the Bad River Band of Lake Superior Chippewa Tribe, Enbridge Energy wants to remove a 12-mile segment of its Line 5 pipeline from the Bad River Reservation and bypass the reservation with about 41 miles of new pipe through Ashland, Bayfield and Iron counties… “The proposed route crosses about 185 waterways, including the Bad River, Brunsweiler River, Marengo River, Tyler Forks and the White River. Opponents of the line point to dozens of past spills on Enbridge pipelines, including a 2010 rupture in Michigan that cost $1.2 billion to clean up. According to the environmental review, Enbridge spilled about 1.4 million gallons of oil over the previous decade, which amounts to less than one-thousandth of a percent of the oil transported… “Environmental groups say the project would allow Enbridge to continue operating its pipeline in environmentally sensitive areas and runs counter to Wisconsin’s Climate Task Force recommendations against new fossil fuel infrastructure. Elizabeth Ward, director of the Sierra Club’s Wisconsin chapter, told the Journal the environmental review “underplays the significance of the wetland and waterways impacts, especially if there is a spill, as well as the climate impacts of extending the life of the pipeline by building new infrastructure.”
The Detroit News: Will new federal pipeline rule affect Line 5 Straits segment?
Beth LeBlanc, 12/17/21
“Federal regulators have produced new rules strengthening pipeline regulations in the Great Lakes, but Enbridge Energy does not expect the rule set to affect its controversial Line 5 segment in the Straits of Mackinac,” The Detroit News reports. “The interim final rule from the Pipeline and Hazardous Materials Safety Administration acknowledges the Great Lakes as an "unusually sensitive area" and requires pipelines located in the lakes to develop more exhaustive Integrity Management Programs. Those programs include requirements for more frequent inspections, enhanced repair protocol and emergency response plans.”
Associated Press: Pipeline Firm Fights Order to Name Iowa Landowners in Path
12/19/21
“A company that wants to build a pipeline to carry carbon dioxide from ethanol plants in Iowa and several other states to North Dakota where it would be stored underground is fighting Iowa regulators' order to reveal the names of business and governments in the path of the $4.5 billion project,” the Associated Press reports. “Summit Carbon Solutions has appealed to the Iowa Utilities Board and asked a court to intervene because it says the order would force it to identify many of the individual farmers who own land along the route because the land is often held by trusts or family corporations, according to The Des Moines Register. Regulators said the names of individual landowners could be kept private, but businesses and governments that own land in the pipeline's path across 30 Iowa counties would have to be revealed. “The board should reconsider its order and hold that business entity names and addresses — the vast majority of which belong to small family farm operations — be held confidential,” Summit said in its appeal… “Jess Mazour with the Sierra Club’s Iowa Chapter told AP Friday the information should be made public so landowners can join forces to protect their interests. “The minute landowners know they’re not alone, that they don’t have to feel hopeless, that there are things they can do to protect their land, they don’t want to sign” pipeline easements, Mazour told AP. “And Summit doesn’t want that to happen.”
Des Moines Register: Carbon pipeline company continues fight to keep all property owner names on planned Iowa route secret
Donnelle Eller, 12/19/21
“Summit Carbon Solutions wants the Iowa Utilities Board to a reverse an order to divulge the names of business and governments with property in the path of its proposed $4.5 billion carbon capture pipeline, saying it would force the release of farmers' information, as well,” the Des Moines Register reports. “...Environmental advocates contend that by advocating to keep the names secret, Summit is trying to quash attempts to organize opposition to the pipeline. But a majority of the three-member state utilities board agreed in November keep the identities of individual landowners confidential, saying their right to privacy outweighed the public's interest in knowing who they are. The board, however, ordered the release of the names of government entities and businesses targeted in the project, saying they do not have the same "privacy expectations." Summit, in a Monday filing with the board, argued that the order would force the release information about a "vast majority" of farmers affected by the project because their operations often are held in trusts or organized as limited liability companies, partnerships and corporations. Releasing trust information also could divulge estate planning and financial management information, the filing said… “The company also filed a petition Tuesday in Polk County District Court, seeking temporary and permanent injunctions preventing the utilities board from releasing any property owner information… “Jess Mazour, the Sierra Club's conservation coordinator, told the Register Friday that the information should be made public so landowners can join forces to protect their interests… “Jennifer Easler, the Iowa attorney general's consumer advocate, joined the Sierra Club, other environmental groups and hundreds of individual Iowans in asking the board to release Summit's mailing lists.”
Des Moines Register: Carbon pipelines could extend ethanol’s viability, but some Iowa farmers say they’re not worth the tradeoffs
Donnelle Eller, 12/16/21
“Karmin McShane hiked from house to house, knocking on neighbors' doors to talk about Navigator CO2 Ventures' proposed 1,300-mile pipeline that will cut diagonally across Iowa,” the Des Moines Register reports. “…Landowners, many of whom are farmers, are filing objections with the state utilities board and calling county and state leaders about the projects. Supervisors in Kossuth, Iowa and Wright counties have filed objections to the projects, and more are expected to follow. Jeff Quastad, an Emmet County supervisor, said most farmers support ethanol. But their concern about pipeline companies' likely use of eminent domain to force the sale of property rights of way outweighs any fears about ethanol's future. "I haven't talked with a single farmer who will voluntarily sign an easement. So I don't see how they'll go through this county without eminent domain," said Quastad, whose board is drafting a letter opposing the project. Quastad said farmers aren't convinced the pipelines are the best way to extend the usefulness of ethanol, and they're worried about the companies' ability to build them without irreparably damaging the underground tiling that drains their fields… “Wright County supervisors in a letter to the Iowa Utilities Board said they're "vehemently opposed" to the Summit project, citing possible damage to the county and private landowners' drainage systems and the likely use of eminent domain. "They say they're going to fix it, but the tiles will never operate the way they should," said Rick Rasmussen, chairman of the Wright County board of supervisors. Kossuth County Supervisor Roger Tjarks agreed, telling state utility leaders the north Iowa county's objection to the project centers on eminent domain. Tjarks said his board doesn't believe a carbon capture and sequestration project serves a public good, the test that developers must pass to gain eminent domain powers. "It's a big business," he said. "Does big business have the right to use eminent domain?" "The only people it’s going to benefit are the freaking people putting the pipeline in," Rasmussen said.
The Messenger: Naig addresses CO2 pipelines
BILL SHEA, 12/17/21
“Iowa Secretary of Agriculture Mike Naig talks Thursday morning during the Farm News Ag Show at the East Campus of Iowa Central Community College,” The Messenger reports. “Farmers throughout northern Iowa are being approached by companies wanting to put pipelines beneath their land to carry carbon dioxide from ethanol plants to vast underground storage areas. ”Each and every landowner has to be satisfied that they are being compensated and that all their questions about tiling and other topics are being answered,” Iowa Secretary of Agriculture Mike Naig told a Fort Dodge audience Thursday. ”I’m convinced that, yes, we can capture carbon dioxide, put it under pressure, put it in pipelines and move it to underground storage,” Naig said. ”Does that benefit ethanol? You bet it does,” he added. Naig noted that 50 percent of the corn grown in Iowa now is used for ethanol production. He said farmers are hearing more and more about carbon sequestration lately. Preventing carbon from getting into the atmosphere is viewed as a way to fight climate change.”
Maryland Matters: Gas Company Continues to Push for Potomac Pipeline Project, Mixed Signals from State Agencies
Elizabeth Shwe, 12/20/21
“A dormant court case that could lead to the construction of a natural gas pipeline beneath the Potomac River and Western Maryland Rail Trail has come back to life, and the utility company behind it is quietly renewing its permits as it continues to fight the matter in court,” Maryland Matters reports. “At issue is a 3.5 mile pipeline in Maryland, sought by TC Energy which is based in Canada, that would bring natural gas from Pennsylvania to West Virginia’s panhandle. Environmentalists say that this could endanger drinking water for communities in Washington County and others all the way to Washington, D.C., while business leaders have argued that natural gas is critical for the economic development of Western Virginia’s panhandle. In 2019, the Board of Public Works voted unanimously not to grant an easement for TC Energy’s “Eastern Panhandle Expansion Project,” and the company filed an appeal in the United States Court of Appeals for the Fourth Circuit… “Since then, Columbia Gas Transmission, LLC. — which is a part of TC Energy — asked the Fourth Circuit to rule in its favor based on the New Jersey decision… “While moving through the court system, Columbia Gas has also been renewing the state and federal permits necessary to start pipeline construction. In August, Columbia Gas asked the Maryland Department of Environment to extend its state non-tidal wetlands and waterways permit, which required the company to begin construction by August 2021.”
Grist: Indigenous and environmental activists say they were illegally spied on
Jena Brooker, 12/17/21
“Tribal members and environmental advocates filed a lawsuit against the Oregon Department of Justice on Tuesday for “illegal domestic spying” through its Oregon TITAN Fusion Center – one of approximately 80 intelligence hubs tasked with surveilling potential domestic terrorists,” Grist reports. “It is astonishing and disturbing to become the target of a well-resourced secret police, solely because of my participation in peaceful rallies opposing a harmful fossil fuel pipeline across my ancestral lands,” Ka’ila Farrell-Smith, an environmental and Indigenous rights advocate, said in a press release. Farrell-Smith is a plaintiff in the case and a member of the Klamath Tribe. She has protested against Jordan Cove, a 229-mile long natural gas pipeline that would have run through ancestral lands in Oregon. She has also created protest art and organized against a lithium mine in Nevada… “The lawsuit, filed by the Policing Project at the New York University School of Law, which partners with communities and police to promote accountability, claims that TITAN is illegally spying on environmental advocates that aren’t breaking the law. The Policing Project has also been involved with a Microsoft case concerning compulsory data sharing with law enforcement, and an audit of Ring, a video doorbell company that works with police departments across the country.”
Engineering News-Record: FERC Gets Tougher on Natural Gas Pipeline Pollution Violators
Mary B. Powers and Debra K. Rubin, 12/19/21
“Toughening its enforcement of environmental infractions on large completed natural gas pipelines during construction, the Federal Energy Regulatory Commission said Dec. 16 it will propose $40 million in civil penalties against Energy Transfer Partners LP and its Rover Pipeline LLC unit for both intentional and inadvertent discharge of diesel fuel and other toxics during drilling of the Rover pipeline in Ohio,” Engineering News-Record reports. “FERC also said it is weighing a penalty against Midship pipeline in Oklahoma and a unit of owner Cheniere Energy Inc. for impacts from construction debris left behind on private land. Both line owners must demonstrate to FERC why they should not be fined. Agency Commissioner Alison Clements said the environmental violations by Energy Transfer and Cheniere do not represent standard industry behavior but should motivate sector firms to help identify reforms that would build confidence in in FERC’s “decisionmaking and compliance oversight.” “...Clements noted that two pipeline projects, PennEast in New Jersey and Jordan Cove LNG and pipeline in Oregon, are examples of growing skepticism that some states, landowners and citizens have toward proposed new natural gas projects. Both had been approved by FERC, but neither were able to gain state permits to move forward and were recently cancelled by their developers. The agency revoked their permits at its Dec. 16 meeting.”
Appalachian Voices: Wins and losses come as the fight against the Mountain Valley Pipeline continues
Ridge Graham and Jessica Sims, 12/18/21
“On Dec. 3 — after more than eight hours of public, industry and agency comments spread over two days — six of the seven members of the state Air Pollution Control Board voted to deny the air permit for the Lambert Compressor Station,” Appalachian Voices reports. “Despite presentations from the Virginia Department of Environmental Quality and representatives from Mountain Valley Pipeline that argued for approval of the project, the board was ultimately swayed by overwhelming recommendations from locally impacted landowners, advocates, health officials and attorneys who spoke against the compressor station… “Although there are still lingering issues with eminent domain and the threat of the pipeline remains, this was a major blow to the viability of the Southgate extension, and could potentially spell trouble for other gas-fired compressor stations across the country and the Mountain Valley Pipeline as a whole… ““Ultimately, three of the five board members present granted new permission for Mountain Valley Pipeline to pollute and continue harming the communities of Southwest Virginia… “Having lost a key authorization for the Southgate extension, the project may need to pursue a new compressor station along the mainline route, adding more delay and scrutiny to the proceedings. MVP also faces many regulatory and legal roadblocks. The ruinous pipeline is missing a 401 authorization from the West Virginia Department of Environmental Protection, a 404 authorization from the U.S. Army Corps, and awaits decisions from the Fourth Circuit Court regarding the U.S. Forest Service case concerning Jefferson National Forest and the Fish & Wildlife Service case concerning the Endangered Species Act. Additionally, MVP’s request to bore under waterways in West Virginia and Virginia has gone unanswered by the Federal Energy Regulatory Commission.”
Oil & Water Don’t Mix: With Enbridge atop the Naughty List, Would Santa Claus Really Support Wild Claims about the Impact of a Line 5 Shutdown?
12/16/21
“Apparently Santa Claus cannot avoid being used to take sides in the State of Michigan’s legal effort to shut down the Line 5 oil pipeline to protect the Great Lakes, communities, and jobs,” Oil & Water Don’t Mix reports. “Local union members from a Toledo, Ohio, refinery that receives oil by rail, truck, and two pipelines–including Line 5–say they plan to demonstrate today alongside Santa at Gov. Whitmer’s Lansing office in an effort to keep the damaged and dangerous old oil pipeline operating in the Straits of Mackinac. In its press release announcing the protest, United Steelworkers Local 912 promoted Enbridge’s proposed Line 5 oil tunnel, but the project wouldn’t be built for 7-10 years and may not ever be approved by state and federal regulators… “With Enbridge atop Santa’s naughty list every year, would the real Santa Claus, who delivers toys worldwide using renewable energy provided by reindeer, really back the spill-prone oil transport giant Enbridge or wild claims that a Line 5 shutdown would cause oil refining to stop in Toledo, jets to run out of fuel at Detroit Metro Airport, and Michigan’s Upper Peninsula to run dry of propane?”
WASHINGTON UPDATES
E&E News: Manchin burns climate package. What happens now?
By Jeremy Dillon, 12/20/21
“West Virginia Sen. Joe Manchin delivered a blow yesterday to legislation seen as the last best chance for Congress to address climate change, but congressional leaders appear unwilling to give up,” E&E News reports. “Manchin’s move upended the Democrats’ calculus for approving much of the president’s agenda, leading to a stern statement from White House spokesperson Jen Psaki. But Senate Majority Leader Chuck Schumer (D-N.Y.) and House Speaker Nancy Pelosi (D-Calif.) say the effort continues… “Manchin, however, released a statement reiterating concerns about the electric grid. He suggested his party’s leaders were moving too fast to transition the country away from fossil fuels. "The energy transition my colleagues seek is already well underway in the United States of America. In the last two years, as Chairman of the Senate Energy and Natural Resources Committee and with bipartisan support, we have invested billions of dollars into clean energy technologies so we can continue to lead the world in reducing emissions through innovation," said Manchin. "But to do so at a rate that is faster than technology or the markets allow will have catastrophic consequences for the American people like we have seen in both Texas and California in the last two years," he said… “If his comments on FOX and written statement indicate an end to that effort, they represent a sudden and inexplicable reversal in his position, and a breach of his commitments to the President and the Senator’s colleagues in the House and Senate,” Psaki wrote. Progressives described Manchin’s decision as a betrayal. Many agreed to vote on the bipartisan infrastructure package in return for assurances "Build Back Better" would pass. They knew it would be watered down, but they expected something to move forward.”
E&E News: Dems scramble, seethe after Manchin kills climate bill
By Adam Aton, Sara Schonhardt, Scott Waldman, 12/20/21
“An explosive chain reaction of finger-pointing and hand-wringing followed Sen. Joe Manchin’s declaration yesterday that he would oppose President Biden’s signature climate bill,” E&E News reports. “Climate experts started scrambling for workarounds to compensate for the money and policies killed by the West Virginia Democrat’s decision that he announced during a "Fox News Sunday" interview yesterday. The White House began picking up the pieces of a political coalition riven by distrust and recriminations. And climate diplomacy, already staggering from this year’s disappointing global climate summit, was poised to sink to a new low. The bill’s defeat would mark the third time since 1993 that Democrats have failed to pass a climate law after winning unified control of government — only now, scientists say there’s no time left to preserve a safe climate… “Manchin’s position left many climate activists and scientists despondent and defeated. Some maintained there were still ways for the United States to confront climate change, but they acknowledged that Manchin’s opposition was a gut punch to the movement… “It is still possible for the United States to meet Biden’s ambitions without that money, some climate modelers said. But the politics and economics of the transition become much more treacherous. And the risk of failure grows much, much greater. “The clean technology transition has started but will not be completed in time to save the climate without policy support,” Anand Gopal, executive director of strategy and policy at Energy Innovation, told E&E. “Some technologies — particularly solar, wind and batteries — are getting cheaper and the markets are transforming,” he told E&E. “But there’s no way we’re going to get to 50 percent [emissions cuts] by letting these technologies slowly take over the market. It’s not going to happen fast enough.”
E&E News: ‘Not the end of the road’: Greens defiant as bill collapses
Timothy Cama, 12/20/21
“Environmental groups struck a defiant tone yesterday, pledging to keep pushing forward on the climate change provisions in the “Build Back Better Act” even after Sen. Joe Manchin (D-W.Va.) said he wouldn’t support the measure,” E&E News reports. “Climate advocates told E&E President Biden and congressional Democrats put together what would be the most aggressive climate policies in the nation’s history, and Manchin shouldn’t be able to sink them. While they did not outline specific strategies, greens want the climate investments, including $555 billion of clean energy tax credits, electric vehicle incentives, grants and other measures, to keep moving forward. “The overwhelmingly popular Build Back Better Act will save West Virginians money on their energy bills and other monthly expenses, create good-paying union jobs, and build a healthier, more equitable clean energy future for every community,” Tiernan Sittenfeld, senior vice president of government affairs at the League of Conservation Voters, said in a statement, pointing to the recent deadly tornadoes in Kentucky and other states that some have connected to climate change. “This is not the end of the road,” she told E&E. “We are more determined than ever, and we will keep fighting like hell to ensure the Build Back Better Act becomes law — for the people of West Virginia and for all people in this country who care deeply about climate, jobs, and justice.” Many advocates said time was running out to act on climate change and that the bill was the best opportunity. “The transformative climate investments included in the Build Back Better Act are our last, best chance to tackle the climate crisis before it’s too late," Jamal Raad, executive director of Evergreen Action, told E&E… “Sen. Bernie Sanders (I-Vt.), the firebrand progressive and former presidential candidate, told E&E he wants to see Congress vote on the measure, “as soon as the Senate returns.” He also sees it as an opportunity to force Manchin to own up to his expected “no” vote… “By contrast, some environmental groups are pushing for Biden to immediately start developing aggressive climate policies that he could implement unilaterally, without Congress’ help, via executive action or other measures.”
TIME: Climate Experts Say Vacuuming CO2 From the Sky Is a Costly Boondoggle. The U.S. Government Just Funded It Anyway
ALEJANDRO DE LA GARZA, 12/2/21
“Steve Oldham has had a pretty good past few weeks. He runs a company called Carbon Engineering, which plans to build huge machines to suck carbon dioxide out of the atmosphere and store it underground. And last month, a pair of announcements from the U.S. government may have given his industry the public sector stimulus it’s been awaiting for years,” TIME reports. “...On Nov. 5, the U.S. Department of Energy threw its weight behind Oldham’s tiny sector, announcing a new “Earthshot” initiative to find ways to lower the cost of pulling carbon out of the atmosphere. Ten days later, President Biden signed the country’s new $1 trillion infrastructure bill into law, a small portion of which ($3.5 billion) will go towards building four direct-air capture facilities around the country. But for the fledgling direct-air carbon capture sector, that little slice of federal money could be a big boost… “Not everyone in the climate community is glad to see the government sink public funds into direct-air carbon capture projects. JL Andrepont, a policy analyst at 350.org, told TIME those policies amount to a giveaway to the fossil-fuel industry, which is simply looking for PR that will justify continuing to burn oil, coal and natural gas. The largest current use of captured CO2 is in that industry, with facilities injecting compressed gas into oil wells as a method of extracting more petroleum. “To say that we’re extremely disappointed with the [federal] funds put out for carbon capture would be an understatement,” Andrepont told TIME. “It’s essentially a scam.”
STATE UPDATES
Oregon Public Broadcasting: State approves new, ‘more aggressive’ Climate Protection Program
By Cassandra Profita, 12/16/21
“The Oregon Environmental Quality Commission approved a new Climate Protection Plan for the state Thursday,” Oregon Public Broadcasting reports. “It targets a 90% reduction in greenhouse gas emissions from transportation fuels and natural gas by 2050. The commission’s 3-1 vote of approval follows years of state lawmakers’ unsuccessful attempts to launch an economy-wide cap-and-trade program to reduce the carbon emissions that contribute to climate change. “It has been an enormous lift to get this program to this point,” Commission Chair Kathleen George said after the vote. “Our fisheries, our farms, the snow in our mountains, our forests and vineyards, they all depend on a healthy climate.” Last year, Gov. Kate Brown ordered the Oregon Department of Environmental Quality to develop a new set of administrative rules that would cap greenhouse gas emissions from fossil fuels and reduce them over time. The resulting Climate Protection Program caps emissions from gasoline, diesel, propane, kerosene and natural gas and makes the cap more restrictive over time. The program, set to launch in January, will distribute a declining number of emission credits to fuel suppliers and allow them to buy and sell those credits as the cap comes down. It also creates a Community Climate Investment Fund that will allow companies to pay for emission reductions in communities that are most impacted by climate change.”
Pew Trusts: California Oil Spill Prompts New Push to Ban Offshore Drilling
Matt Vasilogambros, 12/20/21
“There is renewed debate in California and other states over whether to ban offshore oil and gas drilling, two months after a ruptured underwater pipeline off Huntington Beach spewed tens of thousands of gallons of crude oil into the ocean,” Pew Trusts reports. “But banning seabed extraction of fossil fuels would require navigating federal and state jurisdictions, voiding decades-old contracts—which would be expensive for states to break—and embarking on arduous decommissioning processes that could cost billions… “After the spill, several California Democratic lawmakers announced they would propose a ban of all existing oil and gas drilling in state-controlled waters, the three miles closest to shore. Though the legislation likely would invite litigation from oil companies that would have their leases canceled, the state must act to stop future oil spills, argued Democratic state Sen. Dave Min, who is leading the legislative effort. Min, a former professor at the University of California, Irvine School of Law, told Pew he is still figuring out a process to address the legal questions associated with canceling leases. “We in California identify with our coastlines and beaches, and to have that afflicted with tar balls and birds washing up dead is infuriating,” he told Stateline. “[Passing the bill] is going to be a messy process, but we’re going to do our damn best. We can’t let the perfect be the enemy of the good.”
Public News Service: Blocked Portland Oil-By-Rail Facility Faces One More Test
Eric Tegethoff, 12/20/21
“An effort to block an oil-by-rail facility in Portland could be solidified this week,” Public News Service reports. “This summer, the city of Portland decided to deny a land-use compatibility statement for the Texas-based company Zenith Energy, which receives oil via trains, stores it, and then it sends it to ships. Noelle Studer-Spevak, board member of Families for Climate, which is among a coalition of groups working to stop the facility, told PNS people have been fighting for it because there has been a dramatic increase in oil-by-rail traffic… “Zenith Energy said it plans to increase the amount of renewable energy, such as biofuels, moving through the facility. The company emphasized its plans are in compliance with Portland's zoning codes and comprehensive plan. It has appealed the city's decision to the Oregon Land Use Board of Appeals, which is expected to decide the case Thursday.”
Associated Press: BNSF to pay $1.5 million after oil train spill in Iowa
12/16/21
“BNSF Railway has agreed to pay a $1.5 million settlement arising from an oil spill into northwest Iowa waters in 2018, according to court documents filed Thursday,” the Associated Press reports. “The settlement with the Environmental Protection Agency comes after about 160,000 gallons (606,000 liters) of tar sand oil leaked into the floodwaters near Doon, Iowa, in June 2018. The National Transportation Safety Board said heavy rain washed out track and flooded a tributary of the nearby Little Rock River before the 32-car train derailed. The train was traveling from Alberta, Canada to Stroud, Oklahoma, when it derailed. The EPA contended the oil spill violated federal clean water regulations. BNSF denied any fault and both parties said they agreed to settle the complaint to avoid costly litigation.”
Colorado Newsline: Colorado oil and gas regulators release updated bonding proposal ahead of January hearing
CHASE WOODRUFF, 12/15/21
“Colorado regulators have released their latest proposal for a new set of rules governing the financial assurance payments that oil and gas companies must provide to cover potential cleanup costs, with hearings on the proposed rules scheduled to begin in January,” Colorado Newsline reports. “The Colorado Oil and Gas Conservation Commission, the state agency that oversees drilling, was required to revise its regulations on financial assurance, also known as bonding, by Senate Bill 19-181, a major package of reforms passed by Democratic state lawmakers in 2019… “Under current rules, operators can cover up to 100 wells statewide with a “blanket bond” of $60,000, while operators with more than 100 wells can provide a blanket bond of just $100,000. That’s despite the fact that the typical cost to “plug” and reclaim a single well — a process that drastically reduces the potential for safety or environmental hazards — can exceed $80,000… “Advocates for stronger environmental protections have called for a “full-cost bonding” approach, requiring bonding amounts of $78,000 per well or more — a rule that would, in effect, force operators to secure surety bonds on the private insurance market. Industry groups have labeled such an approach as a “nonstarter,” acknowledging that the premiums and collateral requirements demanded by insurers would put many operators out of business.”
Longmont Times-Call: Boulder County says new oil and gas requirements shared Friday fail climate goals
KELSEY HAMMON, 12/19/21
“Colorado’s oil and gas industry will have to abide by new measures to reduce pollution and stop emissions leaks, following an Air Quality Control Commission revision announced Friday. But, Boulder County leaders said the requirements aren’t enough to make sure the state will meet its climate goals,” the Longmont Times-Call reports. “The new revisions to Colorado’s Leak Detection and Repair program require more frequent inspections and more prompt repairs to stop leaks at compressor stations and well production facilities. However, according to a Boulder County news release, the commission declined to approve stronger provisions proposed by state air quality experts or to strengthen provisions for pneumatic controllers, devices that open and close valves at production sites to regulate temperature and pressure. While the new regulations will help move the state toward the goals set by HB21-1266, a 2021 environmental justice law, they fall short of the target to reduce emissions by 60% by 2030, the release said.”
EXTRACTION
Reuters: U.S. offers 18 mln barrels of oil from emergency reserve
12/17/21
“The U.S. Department of Energy on Friday said it will sell 18 million barrels of oil from the Strategic Petroleum Reserve, with offers from companies to purchase it due on Jan. 4, as part of a previously announced release aimed to cool fuel prices,” Reuters reports. “The announcement of the sale was expected, after the Biden administration announced it as part of a wider 50 million barrel release from the reserve in coordination with other oil-consuming countries including China, India and South Korea. The Energy Department said last Friday the sale would be posted on Dec. 17. The administration has been trying to deal with the concerns of U.S. consumers about high fuel costs and inflation as they travel more, even though President Joe Biden has few tools to deal with the price of crude, which is traded in a global market. In conducting the sale, the Energy Department is speeding up an auction that had been authorized by Congress in 2018 to fund the government.”
E&E News: Is hydrogen ‘clean energy?’ Infrastructure law spurs fight
By David Iaconangelo, 12/20/21
“More than $8 billion in new federal funding for hydrogen development is fueling political disputes over what constitutes “clean energy” and underscores uncertainties over the fuel’s future in the fight against climate change,” E&E News reports. “The funds — which come through the recently signed infrastructure law — also are causing governors to jostle for cash, elevating hydrogen’s role in state plans for cutting carbon emissions… “But backers have a lot to prove if hydrogen is to win its clean-fuel stripes in the states, where the battle for recognition as a potential replacement for fossil fuels is playing out, analysts tell E&E. The emissions footprint of the "blue" type of hydrogen, which pairs natural gas reformation with carbon capture, has come under withering criticism in academic studies. Even hydrogen made with wind and solar energy can emit harmful pollutants when the fuel is burned in a conventional power plant… “The infrastructure law’s approach to hydrogen is to fund everything and see what sticks… "The fossil fuel industry has been looking for ways to reframe their industry,” Camilla Feibelman, director of the Rio Grande chapter of the Sierra Club, told E&E. “For us, hydrogen is frankly a lot of hype." “...In October, 30 state environmental groups sent a letter to Grisham and pro-hydrogen federal and state lawmakers, asking them to recognize the "critical distinction" between blue hydrogen and the renewable kind. "We write to express our unified concern that a ‘hydrogen hub,’ in particular one based on fossil hydrogen (i.e., from natural gas), will prove a counterproductive distraction from urgently needed climate action," they wrote.
E&E News: 2 Studies Raise Questions About Severity Of Methane Emissions
12/20/21
“Onshore gas flaring in the United States dropped to its lowest point since 2012 during the third quarter of this year, even as aerial surveys continue to detect elevated levels of methane in the Southwest’s Permian Basin, according to two reports last week,” E&E News reports. “One analysis from the consultancy Rystad Energy said flaring activity — or the process of burning off excess natural gas supplies — fell roughly 24 percent from August to September, decreasing to 380 million to 390 million cubic feet per day. The drop came as more oil and gas companies implemented ‘best practices’ aimed at capturing gas, Rystad said. Rystad argued that the data shows the industry is trying to clean up its emissions. The Environmental Defense Fund, however, said its research — based on helicopter surveillance of roughly 900 oil and gas sites in the Permian — shows there’s still a long way to go. Jon Goldstein, senior director of regulatory and legislative affairs at EDF, told E&E while the Rystad numbers show that operators can curb flaring, regulations need to be put in place to ‘ensure they do so across the board and for good.’
Rigzone: Oil May Hit $380 Per Barrel
Andreas Exarheas, 12/20/21
“World oil prices could hit $380 per barrel in 2050,” Rigzone reports. “That’s according to one scenario published in Lukoil’s recent Global Energy Perspectives to 2050 report, which considered three scenarios for the global energy sector – Evolution, Equilibrium and Transformation. The report outlined that, taking into account a carbon price, oil prices will vary greatly depending the scenario. High carbon prices and inflation were projected to lead to $380 per barrel oil prices in the Transformation scenario, with prices in the Equilibrium and Evolution scenarios forecasted to come in at $197 per barrel and $128 per barrel, respectively. Lukoil’s report notes that the Evolution scenario assumes the ongoing development of global energy markets within the framework of the current international energy policy and national programs, considering existing technological capabilities. The Equilibrium scenario is said to be based on a balance between achieving climate goals and economic development and the Transformation scenario is said to assume a radical restructuring of global energy and industry as well as carbon neutrality of the leading economies by 2050.”
CBC: Alton Gas sites to be decommissioned by end of 2022
Taryn Grant, 12/17/21
“The components of a failed natural gas storage project in Stewiacke, N.S., will be decommissioned by the end of 2022, according to plans from the company behind the project,” the CBC reports. “As originally conceived more than 14 years ago, the Alton Gas project would have seen natural gas stored in 15 huge underground salt caverns, flushed out with water from the nearby Shubenacadie River. The province approved of the plan and some infrastructure was built, but the project was never fully realized. The project stalled several times over the years and was consistently met with resistance from environmentalists and some members of the Mi'kmaw community. The Sipekne'katik band took the province to court over the project last year and a judge ordered the government to restart consultation with the band, but that was waylaid by the pandemic. In October, Alton Gas, a subsidiary of Calgary energy company AltaGas, announced the project was dead, citing a 2020 internal review that found the project to be "economically challenging." In a plan released publicly this week, the company addresses three major components for decommissioning: a site near the river, a site near the caverns, and a pipeline connecting the two… “The company's plan is to dismantle above-ground structures, remove buried equipment that's within 1.2 metres of the surface, and abandon any deeper buried components.”
Treehugger: Why Do Oil Spills Happen? Causes, Examples, and Prevention
Autumn Spanne, 12/19/21
“Although oil leaks naturally from fractures in the earth, most oil spills are destructive and caused by people. They are the result of human error: equipment malfunction or breakdowns, lack of oversight or regulation, deliberate acts of sabotage or illegal dumping. Here, we unpack all of the major reasons why oil spills have occurred throughout history, provide examples, and explore ways to prevent spills,” Treehugger reports. “Accidents resulting in oil spills are often the result of a combination of mistakes, negligence, and lack of sufficient regulation and oversight. The Exxon Valdez oil spill is one of the most infamous examples… “In certain cases, oil spills occurred due to a combination of equipment malfunctioning and human error… “Critics point to lax, infrequent inspections and inconsistent safety regulations and protocols as factors that increase the risk of pipeline spills. Pipelines suffer hundreds of leaks and ruptures every year… “While extreme weather conditions and natural disasters lead to accidents involving drilling and transportation systems, humans are ultimately responsible for the majority of oil spills. There are many opportunities for improvement by enacting more stringent standards, protocols, and regulations. But while these reforms have the potential to significantly reduce oil spills and their impacts, they will not prevent all spills.“
OPINION
I Heart Climate Voices: Treaty People Must Stop Line 3 and Protect the Gulf. And Guess What? We Are All Treaty People.
Nancy Beaulieu is a Northern Minnesota Organizer for MN 350 and a national leader in Treaty awareness. Nancy is an enrolled member of the Leech Lake reservation and lives on those lands, just East of Bemidji, Minnesota, 12/13/21
“Now that tar sands oil is flowing through the Line 3 pipeline, the battle to shut it down has reached a new level of urgency. Elected officials need to pay attention, because unless Line 3 is turned off, the pain Enbridge is exacting on communities in Northern Minnesota will travel south and compound the suffering of communities along the Gulf Coast,” Nancy Beaulieu writes for I Heart Climate Voices. “On Tuesday, people concerned for our water, treaties and climate will gather at US Army Corps of Engineers offices nationwide, renewing calls for a federal Environmental Impact Statement (EIS) for Line 3, and delivering letters requesting a Regional EIS for the Permian and Gulf South. Their presence will challenge the Biden administration to live up to its unfulfilled promises to act decisively on climate change, prioritize environmental justice communities, and respect the rights of Indigenous nations. The president’s promises matter… “The Biden administration could put an end to this suicide pact with the fossil industry and live up to the values it was elected to uphold with a simple directive to the US Army Corps of Engineers: Do a Line 3 EIS. This basic assessment was skipped as the project was fast-tracked under the Trump administration’s goal of “energy dominance.” Those opposed to Line 3 exhausted every regulatory process, implored funders, held a mass Treaty People Gathering, subjected themselves to more than 1,000 arrests (for which Enbridge reimbursed local police $2.9 million and counting), submitted numerous letters and over one million signatures, and pursued legal remedies. But these efforts failed to inspire action from those in power. So on December 14th, we will make our voices heard at dozens of Army Corps offices across the country.”
Virginia Mercury: Chickahominy Pipeline: Should we trust them?
Karen Gill, 12/16/21
“The developers promoting Chickahominy Pipeline are asking central Virginians to allow them to build an 83-mile gas pipeline to feed a merchant gas plant, permitted for Charles City County,” Karen Gill writes for the Virginia Mercury. “As they work to convince landowners to allow initial surveying and eventual construction of a high pressure pipeline for transmission of natural gas, the company has unveiled a new website that touts Chickahominy Pipeline’s “integrity” and “responsibility,” and commits to “respecting the land and all persons.” Unfortunately, this developer has not demonstrated integrity or responsibility, and residents would be wise to post no trespassing signs and to refuse signing anything related to this pipeline without legal representation. Chickahominy Pipeline is actively fueling fears about the use of eminent domain and threat to landowner rights... “In sum, Chickahominy Pipeline is a bad idea, and we can’t let it endanger residents of Henrico, Hanover, Charles City, New Kent, and Louisa. Central Virginians, we’ve got better, safer, and more reliable ways to fuel our economy. Let’s invest in energy projects that actually “respect the land and all persons.”
The Narwhal: ‘I felt kidnapped’: a journalist’s view of being arrested by the RCMP
Amber Bracken, 12/16/21
“All at once, RCMP officers came out of their hiding spots to fill the courtyard surrounding a tiny house at a site known as Coyote Camp in Wet’suwet’en territory. Police wore both regular blue uniforms and a militarized green version, the latter laden with assault rifles and tactical equipment. The scene has already become known across Canada — police dogs barking and whining as officers used an axe and a chainsaw to enter the small structure to arrest seven unarmed and peaceful individuals. Soon they would take my cameras from me. After that, my rights,” Amber Bracken writes for The Narwhal. “Some of the first advice I was given as a baby journalist was: “Don’t get arrested. You can’t make any pictures from the back of a police car.” This maxim has served me well most of my career, which has taken me into zones of conflict and protest across North America. But covering the Wet’suwet’en pipeline opposition last month, I realized its limit: I could not both do my job as a journalist and avoid arrest. On Nov. 19, the RCMP made that impossible for me… “I felt kidnapped. Having never been arrested before, it is the best word I can think of to describe being taken so abruptly out of my life and work, in violation of Canadian Charter rights protecting freedom of the press… “When I was released, headlines across the world celebrated my freedom, even as Sleydo’, the two trans women and several other supporters still sat in the Prince George correctional centre… “But my arrest actually makes me a big part of a national reckoning with press freedoms, and what reconciliation means for journalism. I know I am not alone in doing this work or in dealing with the fallout. So many media friends and colleagues have rallied behind us. I am eternally grateful. Many more have said it — “truth before reconciliation” but that can’t happen if journalists are routinely criminalized in pursuit of this truth… “Police put me in handcuffs when I should have been doing my job. I wanted to be doing my job. And I am furious.”
Forbes: Does Philip Morris International (PMI) Provide The Managerial Playbook For Western Oil Majors?
Shivaram Rajgopal is the Kester and Brynes Professor at Columbia Business School and a Chazen Senior Scholar at the Jerome A. Chazen Institute for Global Business, 12/20/21
“What is the future of Western oil majors as they battle increased scrutiny from socially activist investors, citizens, and governments? My suggestion is that they learn from the practices of Philip Morris International (PMI), the tobacco giant,” Shivaram Rajgopal writes for Forbes. “PMI’s 2020 sustainability report states that “more than one billion people worldwide…and around the same number will smoke in 2025.” The report goes on to say that the addressable market of 1 billion customers worldwide has stayed constant since 2010. The World Health Organization projects this to be constant for at least another five years because nicotine is a highly addictive substance. Similarly, oil has similarly addicted customers. Despite all the promise of renewables, we have not managed yet to reduce the demand for oil… “In sum, if sustainability is truly imbedded in corporate purpose, strategy and implementation is better integrated with all aspects of business. If sustainability is viewed as a value imposed by activist investors or outsiders, as seen by most of the oil and gas industry, a company’s ESG efforts will always come across as disjointed and sometimes aimed at spin or even greenwashing. The oil and gas majors would do well to understand how PMI has been transforming itself over the last decade or so.”
Bloomberg: Saudis Are Right to Warn of a Collapse in Oil Supply
By Julian Lee, 12/18/21
This won’t win me any friends among the green lobby, but Saudi Arabia’s Oil Minister Abdulaziz bin Salman is right to warn of a potential energy crisis resulting from falling investment in fossil fuels,” Julian Lee writes for Bloomberg. “Here’s why. The prince warned that worldwide oil production could fall by 30 million barrels a day by the end of the decade because there is not enough being spent on the exploration for and development of new resources… “This serves as a recognition of two things: First, the world’s need for affordable oil isn’t going to disappear anytime soon; and second, despite its oil reserves, Saudi Arabia can’t supply it all by itself… “These are the companies that can most effectively be held to environmental obligations. If they are not going to step into the gap between rising demand and falling production, then other firms, whose environmental performance is harder to police, will likely do so. I’d rather see Shell invest in the Cambo oil field in the North Sea, for instance, than Rosneft PJSC despoil the tundra of Russia’s Taymyr Peninsula. The former is easier to hold accountable… “We ignore those warnings at our peril. A 30-million barrel a day drop in oil supply might seem like a victory to the most short-sighted of environmental campaigners, but without an accompanying fall in oil demand, it will come with a price tag none of us can afford — oil prices at levels never before imagined.”