EXTRACTED: Daily News Clips 2/24/22
PIPELINE NEWS
MPR: Minn. lawmaker demands data on Line 3 frac-outs
KELO: Counties could regulate CO2 pipelines
Oskaloosa Herald: Landowners form group to fight pipeline eminent domain
KTTN: Landowner rights at the center of Iowa’s carbon pipeline debate
Bloomberg: Enterprise Products Defends Eminent Domain in Pipeline Lawsuit
WASHINGTON UPDATES
Axios: Biden turns to Big Oil, Saudi Arabia as energy costs soar
STATE UPDATES
Tribune-Star: Vigo energy project hits setbacks in Legislature
Bismarck Tribune: North Dakota regulators approve $5 million for Project Tundra study
EXTRACTION
Guardian: Revealed: leading climate research publisher helps fuel oil and gas drilling
OPINION
Fox News: Kristi Noem: Biden gave Putin 'all the power' by ending Keystone pipeline
PIPELINE NEWS
MPR: Minn. lawmaker demands data on Line 3 frac-outs
Kirsti Marohn, 2/23/22
“A Minnesota state senator is accusing Enbridge of withholding data on drilling fluid used during construction of the Line 3 oil pipeline,” MPR reports. “DFL Sen. John Marty of Roseville exchanged letters with Enbridge officials last month over his request for details about the fluid used by contractors installing the 340-mile replacement pipeline along a new route across northern Minnesota last year. Drilling fluid, also known as drilling mud, is used as a lubricant during the horizontal directional drilling process, when crews bore a tunnel underneath a river or wetland, then pull the pipe through. The fluid is primarily made up of bentonite clay, water and additives and is not considered toxic, but can harm aquatic life. The Minnesota Pollution Control Agency has said that 28 accidental releases of drilling fluid — commonly known as frac-outs — occurred at a dozen river crossing locations between early June and early August 2021… The MPCA has said those releases are under investigation as potential violations of Line 3’s water permit… “In an interview last week, Marty told MPR the data he’s requesting — including the total amount of drilling mud used and recovered at each crossing — would give a clearer picture of potential environmental impact from the frac-outs, and whether there were more than the 28 sites reported… “Marty called Enbridge’s response letter “dismissive.” “They basically said, ‘We don't have to, and we don't need to, and we don't even need to keep this stuff,” he said. “Which struck me as kind of a backhanded way of saying, ‘We could destroy the data. We could cover it all up.’” On Jan. 21, Marty wrote to Minnesota Attorney General Keith Ellison and MPCA Commissioner Katrina Kessler, asking them to force Enbridge to disclose the data by halting operation of the pipeline.
KELO: Counties could regulate CO2 pipelines
Rae Yost, 2/23/22
“Federal regulations followed by the state of South Dakota require a minimal depth of three feet or 36″ for buried pipelines carrying hazardous material,” KELO reports. “Summit Carbon Solutions said it plans to bury a proposed carbon dioxide pipeline that will travel through 18 counties in South Dakota four feet deep from the top of the pipe… “Leah Mohr, the deputy director of the S.D. PUC, told KELO the federal regulation that applies to hazardous material pipelines is 49 CFR 195.210. “Note that the federal regulations establish minimums, so it may be the prerogative of the state or local government to require more if justified,” Mohr told KELO. Several of the counties in the proposed CO2 route are establishing new pipeline ordinances which would apply to the Summit CO2 pipeline… “Brown County zoning official Scott Bader told KELO he has been updating county ordinance for the past few years. Updates include adding a cannabis ordinance and ordinances on subdivisions and agriculture topics. Bader said he’s wanted to add an ordinance that governs underground pipelines in the county. The county’s planning commission has recommended the county approve an ordinance that requires a depth of 72″ or six feet and setbacks of 1,500 feet, Bader told KELO. McPherson County has a moratorium on the development of hazardous material pipelines in the county but the county is also working on hazardous material pipeline ordinance, county state’s attorney Austin Hoffman told KELO… “First District executive director Todd Kays and senior planner Luke Muller told KELO Clark, Codington, Hamlin, Kingsbury and Miner do not have specific pipeline ordinances. However, the counties use conditional use permits (CUP) which can address conditions for pipelines.”
Oskaloosa Herald: Landowners form group to fight pipeline eminent domain
By KYLE OCKER, 2/23/22
“Iowa landowners have formed a new alliance group aimed to carry out a united legal strategy to oppose two proposed carbon pipeline projects,” the Oskaloosa Herald reports. “The Iowa Easement team was formed at the landowners hired Omaha-based firm Domina Law. They will challenge the proposed pipelines by Summit Carbon Solutions and Navigator CO2 Ventures. The group says Iowa Gov. Kim Reynolds has failed to meet with landowners who are impacted by the projects. She created the Carbon Sequestration Task Force, and landowners say it was "stacked with pipeline insiders." “...Landowners and county officials have concerns about what the pipelines could do to the farm fields in the state, and also the use of eminent domain to force them into giving up right-of-way access to build the pipeline. “I fear for the safety of our first responders, firemen, our water, our land, our freedom," Shirley Linn, a landowner in Mahaska County, told the Herald. "So I’m refusing to sign an easement. I don’t want the pipeline on our land.” “...Those interested in joining the Iowa Easement Team can visit www.iowaeasement.org for more information. The team has requested a meeting with Reynolds to talk about ending the pipeline project altogether, or aiding in the passing of legislation of Senate File 2160, a bill that would curtail the use of eminent domain.”
KTTN: Landowner rights at the center of Iowa’s carbon pipeline debate
2/24/22
“Eminent-domain concerns are a focal point as Iowa considers the idea of allowing underground pipelines to transfer carbon dioxide for storage,” KTTN reports. “...As part of the process, Summit is trying to secure voluntary land easements from property owners. Wally Taylor, an attorney representing the Sierra Club of Iowa, told KTTN the company’s filing did not include information about easements. “They said they would, quote, ‘update it later,’ ” Taylor observed. “I think what that means is that they’re struggling to get people to sign voluntary easements.” “...Taylor noted he and landowners have filed motions to force Summit to release details regarding private property. Summit argues it is heavily focused on landowner engagement as part of its efforts. But it has not quelled backlash from property owners, including the formation of a coalition to fight such projects… “Taylor emphasized despite what companies such as Summit are promising about reducing their carbon footprint, his group is not convinced underground storage is a solution to climate change.”
Bloomberg: Enterprise Products Defends Eminent Domain in Pipeline Lawsuit
2/23/22
“Some Texas Supreme Court justices on Wednesday questioned a pipeline operator’s argument that state law gives it eminent domain authority to seize land in order to build a system for delivering products other than crude oil to a single customer,” Bloomberg reports. “The case stems from a 30-foot-wide swath of land in Brazoria County acquired by Houston-based pipeline operator Enterprise Products Partners and its subsidiary HSC Pipeline Partnership LLC. The company used eminent domain in 2018 to acquire the land for $132,000 for a pipeline to carry propylene, a byproduct of petroleum refining.”
WASHINGTON UPDATES
Axios: Biden turns to Big Oil, Saudi Arabia as energy costs soar
Hans Nichols, 2/23/22
“As President Biden confronts soaring energy costs, he’s looking for help from two entities he’s criticized for years: Big Oil and Saudi Arabia,” Axios reports. “Why it matters: The president of the United States is placing part of his political fate into the hands of people who question his long-term intentions and have little incentive to help him, straining his options to contain energy prices. Another challenging option: a nuclear deal with oil-rich Iran. The White House is bracing for Russia’s invasion of Ukraine to send gasoline prices soaring, adding more pressure to the current 7.5% inflation rate. While Biden isn’t adopting the old Republican “drill, baby, drill” mantra, he’s sending signals to oil companies that he wants their help to prevent prices at the pump from surging… “The big picture: Throughout the campaign and his presidency, Biden has put the oil and gas industry on notice he expects it to cut carbon emissions. On Day One, he issued an executive order to rescind permits for the Keystone pipeline and pledged to rejoin the Paris climate accords… “Today, the oil industry says the administration is sending mixed messages. “On the one hand, they are asking us to produce more oil and gas,” Mike Sommers, president and CEO of the American Petroleum Institute, told Axios. "On the other hand, there are at least five policy areas where they have said the exact opposite, including just this weekend — announcing a new moratorium for on- and off-shore leases.”
STATE UPDATES
Tribune-Star: Vigo energy project hits setbacks in Legislature
Howard Greninger, 2/22/22
“For the second year, Wabash Valley Resources has sought the approval of state legislators to grant it the ability to inject carbon dioxide deep underground near West Terre Haute without the concern of liability lawsuits or need to compensate property owners,” the Tribune-Star reports. “Two bills — Senate Bill 265 and House Bill 1249 that deal with carbon sequestration — have gone through the Indiana General Assembly, each either defeated or delayed in the opposite chamber. A third bill — House Bill 1209 — is backed by the Indiana Farm Bureau, which has been a strong opponent of the two other bills, along with the Citizens Action Coalition of Indiana. With the 2022 Indiana General Assembly winding down, the bills remain in play, at least through Thursday… “In a 53-43 vote Monday, the Indiana House of Representatives defeated Senate Bill 265, which would have prevented a person from making a lawsuit claim against Wabash Valley Resources unless the person can prove “actual interference with the reasonable use of the person’s property; or direct physical injury to a person, an animal, or tangible property.” “...Kerwin Olson, executive director of the Citizens Action Coalition, told the Star the Senate bill “would have given Wabash Valley Resources the right condemn people’s private property without any compensation, but also without any notification. “Furthermore, it would have provided them almost blanket immunity from any of the potential consequences of storing the supercritical CO2 [carbon dioxide] whether that be contaminating water sources or migrating to the surface causing some sort of damage” to cattle or people, he said. “It was a bad bill and we were glad to see it go down,” he said.
Bismarck Tribune: North Dakota regulators approve $5 million for Project Tundra study
AMY R. SISK, 2/22/22
“North Dakota regulators have approved a $5.4 million grant for a final engineering study related to the Project Tundra carbon capture project,” the Bismarck Tribune reports. “The study is expected to wrap up by the end of the year, around which time Minnkota Power Cooperative could begin construction if it decides to move forward with the project at the Milton R. Young Station near Center. The project aims to capture carbon emissions from the coal-fired power plant and bury them underground… “The North Dakota Industrial Commission, chaired by Gov. Doug Burgum, voted 3-0 Tuesday to approve the funding. Minnkota will provide matching funds, with a small amount coming from one of its partners, Fluor Enterprises. The grant stems from the state's Lignite Research Fund, which is comprised of coal and oil tax revenue. Project Tundra has been in the works for years and has undergone other studies to gauge its feasibility. Minnkota has estimated the project will cost $1 billion.”
EXTRACTION
Guardian: Revealed: leading climate research publisher helps fuel oil and gas drilling
Amy Westervelt, 2/24/22
“Scientists working with one of the world’s largest climate research publishers say they’re increasingly alarmed that the company consults with the fossil fuel industry to help increase oil and gas drilling,” the Guardian reports. “Elsevier, a Dutch company behind many renowned peer-reviewed scientific journals, including The Lancet and Global Environmental Change, is also one of the top publishers of books aimed at expanding fossil fuel production. For more than a decade, the company has supported the energy industry’s efforts to optimize oil and gas extraction. It commissions authors, editors, and journal advisory board members who are current employees at top oil firms. Elsevier also markets some of its research portals and data services directly to the oil and gas industry to help “increase the odds of exploration success”.Several former and current employees say that for the past year, dozens of workers have spoken out internally and at company-wide town halls to urge Elsevier to reconsider its relationship with the fossil fuel industry. “When I first started, I heard a lot about the company’s climate commitments,” a former Elsevier journal editor who agreed to speak on condition of anonymity told the Guardian. “Eventually I just realized it was all marketing, which is really upsetting because Elsevier has published all the research it needs to know exactly what to do if it wants to make a meaningful difference.” What makes Elsevier’s ties to the fossil fuel industry particularly alarming to its critics is that it is one of a handful of companies that publish peer-reviewed climate research. Scientists and academics say they’re concerned that Elsevier’s conflicting business interests risk undermining their work.”
OPINION
Fox News: Kristi Noem: Biden gave Putin 'all the power' by ending Keystone pipeline
2/23/22
“South Dakota Gov. Kristi Noem blasted President Biden for his approach to Russia on "Fox & Friends" Wednesday, arguing Vladimir Putin was given "all the power" since "day one" following Biden's cancelation of the Keystone XL Pipeline and its massive energy implications for the nation and American allies around the world,” according to Fox News. “GOV. KRISTI NOEM: Well, and that's the power that President Biden gave them when he canceled the Keystone Pipeline on day one of his presidency, he sent a clear message to Putin. You go ahead and develop your energy supply, make sure that the rest of Europe and the United States is more unstable... From the very day he got into the White House, he gave Putin all the power.”