EXTRACTED: Daily News Clips 8/1/23
PIPELINE NEWS
South Dakota Searchlight: Crop damage payouts debated as pipeline hearing continues
South Dakota Public Broadcasting: Navigator pipeline hearing focuses on easement agreements and land yields
Bloomberg: Pipeline Company Claims Iowa County Rules Violate Federal Law
KELO: Navigator VP says he’d live next to a CO2 pipeline
Mitchell Republic: Laws, lands and lives: Much at stake in CO2 pipeline debate
KELO: Witness: Plume modeling too complex for public
WZFG: Burleigh County officials seeking environmental impact study and model of potential leak from Summit Carbon Solutions
KSFY: Matters of the State: PUC pipeline hearing; Election verification; Noem staff turnover
World Pipelines: Exploring CO2 transport
Algona Radio: Former Federal Safety Administrator Weighs In on Pipelines
Norfolk NE Radio: New carbon alliance aims to put pipeline concerns at ease
Associated Press: Pipeline operators to pay $12.5M after crude oil spills in Montana, North Dakota
Canadian Press: TC Energy maintaining targeted schedule, latest cost estimate for Coastal GasLink
Reuters: TC Energy to operate pipelines in part of Virginia at reduced pressure
Truthout: Obama’s Solicitor General Has Pivoted to Defending Climate-Killing Pipeline
WASHINGTON UPDATES
Washington Post: 39 Senate Republicans ask EPA to scrap power plant rule
E&E News: Republicans slam Biden NEPA revamp, threaten permitting talks
The Hill: 4 Senate Democrats call on Garland to sue fossil fuel industry
E&E News: White House To Host Birthday Bash For Climate Law
STATE UPDATES
Louisiana Illuminator: Louisiana public service commissioner slams carbon capture
Bloomberg: Permit to Expand Texas Oil Export Terminal Lawful, Judge Says
Los Angeles Times: County seeks to recover $1.8M from Chevron for 2022 Talbert Channel oil leak cleanup
Colorado Newsline: Eagle County, conservation groups press federal officials for full review of Utah oil train terminal expansion
EXTRACTION
Canadian Press: Suncor tells regulator reconsidering approvals would arm industry opponents
Reuters: Explainer: What is carbon capture and storage and will it cut emissions?
OPINION
Des Moines Register: Opinion: Governor, slow down the Iowa CO2 pipeline approval process
Dakota Free Press: Navigator Hiding CO2 Pipeline Leak Science Because Citizens Are Stupid
Jackson Star and Herald: Moving the pipeline forward
Jacobin Magazine: The Oil Industry Makes Its Own Rules in Canada’s Tar Sands
The Hill: Gutting the National Environmental Policy Act again won’t help renewable energy
Legal Planet: Revamping the NEPA Process
The Conversation: The oil industry has succumbed to a dangerous new climate denialism
The Hill: Biden is targeting fossil fuels, but people need them to get through the heat
Washington Post: Activists are looking to banking regulations to combat climate change
Newsweek: Methane Gas From LNG Production Is a Climate Emergency
PIPELINE NEWS
South Dakota Searchlight: Crop damage payouts debated as pipeline hearing continues
JOSHUA HAIAR, 7/31/23
“A company touted its plan to reimburse crop damages caused by the installation of its proposed carbon capture pipeline, and an opposing attorney criticized the plan Monday during the fourth day of a permit hearing before state regulators at the Casey Tibbs Rodeo Center in Fort Pierre,” South Dakota Searchlight reports. …Stephen Lee is the executive vice president of engineering and construction for Navigator CO2, the company proposing the Heartland Greenway pipeline. He said the company will pay landowners “250% of crop damages” for as long as damages occur. Brian Jorde, the lawyer representing landowners, said that language is misleading. He said landowners could suffer enough damage to receive 100% in each of years one and two, but would then be limited to 50% in year three and nothing more going forward because of the 250% cap… “Jorde later asked Lee about the duration of the rights the company is seeking on land that the pipeline would cross. “Is it not perpetual, in perpetuity, forever?” Jorde asked. “It could be,” Lee said… “John F. Godfrey, a pipeline safety consultant contracted by the company, defended the modeling the company used to assess the impacts of a leak or rupture. That followed testimony from last week when John Abraham, a University of St. Thomas professor, testified that compared to alternative modeling methods, the software Navigator CO2 used to model the impacts of potential ruptures or leaks is “less accurate and often underpredicts how far a plume would go.” “...Lee said the company has already spent “hundreds of thousands on 225-plus models.” He said the company is still early in the process and will start doing the modeling Abraham advised, but he thinks it’s likely that data “will confirm our current modeling.”
South Dakota Public Broadcasting: Navigator pipeline hearing focuses on easement agreements and land yields
Evan Walton, 7/31/23
“PUC commissioners continue to hear evidence in the application from Navigator CO2 to construct the Heartland Greenway CO2 project,” South Dakota Public Broadcasting reports. “The debate in Monday's hearing focused on easement agreements and private land yields. Some landowners fear the operating temperature of Navigator’s proposed pipeline will cause long-term damage to their soil and growth potential… “Brain Jorde represents landowners. He questioned Lee on Navigator’s easement agreements. In those agreements, Jorde said there is a lack of preventative care on Navigator’s part. Lee said it is the landowner’s responsibility to have protective equipment in case of a pipeline leak. “So when you look at threat preparedness, I believe its up to the individual landowners and their families. As some people might have fire alarms but they may not have fire extinguishers, you know, some people might have carbon monoxide monitors, some don’t. As it comes to the level of preparedness, that is family by family landowner by landowner,” said Lee. Jorde also questioned Lee on easement agreement term limits. He said there has not been a single easement agreement in South Dakota that had a term limit.”
Bloomberg: Pipeline Company Claims Iowa County Rules Violate Federal Law
Shayna Greene, 7/31/23
“Pipeline company Navigator Heartland Greenway LLC and its affiliates are challenging regulations from Story County, Iowa, and its board of supervisors over the construction of carbon dioxide sequestration pipelines,” Bloomberg reports. “Navigator, which is developing an interstate CO2 pipeline known as the Heartland Greenway Pipeline System, claimed July 28 in the US District Court for the Southern District of Iowa that the ordinance from the county is unlawful and preempted by the federal Pipeline Safety Act. The company says the law gives the Pipeline and Hazardous Materials Safety Administration authority over safety standards for interstate hazardous liquid pipelines…”
KELO: Navigator VP says he’d live next to a CO2 pipeline
Bob Mercer, 7/31/23
“An executive for the proposed Navigator project said Monday that he would purchase a home along a carbon-dioxide pipeline route, especially if it’s one he designed,” KELO reports. “Navigator vice president of engineering Stephen Lee made his comments during day five of the South Dakota Public Utilities Commission hearing on the company’s permit application… “Asked whether he believed a CO2 leak would affect property values above or near the pipeline, Lee said, “I do not.” He said CO2 has “zero long-term environmental” effects on a property’s usefulness… “But, he also acknowledged, “it could be wise” for a landowner to disclose the presence or nearness of the pipeline when offering a property for sale… “Lee repeated Monday that Navigator in the past six months decided to have an outside vendor perform CDF modeling at what he called “strategic locations” along the 111-mile proposed route but that won’t occur for possibly six months… “State commission chair Kristie Fiegen asked Lee why Navigator has repeatedly objected to data requests from PUC staff… “Another witness Monday was John Godfrey, a salaried full-time consultant for DNV, the foundation that performed the PHAST plume modeling for Navigator… “Landowners attorney Brian Jorde asked whether it would be “the right thing to do” for communities to know before an incident. Godfrey said it would depend on the circumstances… “Jorde asked Godfrey whether he thought “the people of SD aren’t quite bright enough to understand setbacks and buffers” in the plume-modeling report that Navigator wants kept confidential… “Commission chair Fiegen asked why the South Dakotans who live along the proposed route didn’t deserve the best dispersion model. She said they would “get to live in high stress every single day” and worry when they had even a headache.”
Mitchell Republic: Laws, lands and lives: Much at stake in CO2 pipeline debate
Bart Pfankuch, 7/31/23
“For more than a year, a highly divisive debate has raged in South Dakota over two proposed carbon dioxide pipelines that would capture the toxic gas from ethanol plants and carry it to North Dakota and Illinois for disposal underground,” the Mitchell Republic reports. “...At the same time, the ongoing state-permitting process and possible legislative involvement hold the potential to forever alter landowner rights in the state and further codify the ability of corporations to implement eminent domain to use the land of property owners without their consent. And finally, hovering over the entire permitting process is the question of whether carbon-capture technology is a good investment of billions of federal dollars to reduce CO2 emissions… “A fundamental question among climate-change scientists is whether the practice of CCS is the best way forward to reduce carbon emissions. Also in play is whether spending billions on CCS is the best use of taxpayer money and industry investment in the effort to reach net-zero emissions of greenhouse gases and protect the planet from climate change… “Opponents say the billions would be better spent in reducing dependence on fossil fuels, and in protecting natural methods of CO2 reduction, such as expanding forests. The money could also be used to incentivize industries, including carmakers, to more rapidly advance the switch to electric vehicles. “You’re trying to take an environmentally destructive activity and rebrand it in a way that makes it appear benign,” Basav Sen of the Institute for Policy Studies told the Republic. “Attempting to capture that carbon and store it in the ground is a non-starter for all kinds of reasons having to do with science, social justice, and economic feasibility.” “...Landowners have rallied against the pipelines before state lawmakers and local governments. Some legislators and county officials are sympathetic, and have tried to block the pipelines. A group of lawmakers has called for a special session to reconsider how and whether the state should allow eminent domain to be used to use land of unwilling property owners, though so far no session has been set.”
KELO: Witness: Plume modeling too complex for public
Bob Mercer, 7/25/23
“An official from Navigator CO2 Ventures faced hard questions Tuesday night from all three South Dakota Public Utilities Commission members,” KELO reports. “Elizabeth Burns-Thompson, the company’s vice president of government and public affairs, was asked by commissioner Gary Hanson whether Navigator’s proposed carbon-dioxide pipeline would benefit all agriculture producers… “Hanson had another question. “Are you asking too much of landowners who don’t want this on their property?” “...We’re trying to listen to landowners so we can be responsible,” she said, adding that the company was “making adjustments where possible” to the proposed route. Burns-Thompson acknowledged that no landowners at the South Dakota meetings said they wanted a pipeline. Hanson also wondered why Navigator wanted its plume model overview kept confidential. Burns-Thompson said the complexity of the data and work was beyond the general public’s ability to understand. Commissioner Chris Nelson asked her for a written list of specific locations where the pipeline wouldn’t comply with ordinances passed in Minnehaha and Moody counties… “Nelson said that the commission would need to know from Navigator “line by line by line” those locations… “Landowners attorney Brian Jorde asked how Navigator could argue a county ordinance was too restrictive when the plume modeling wasn’t made available. “We have not provided any county with plume modeling,” she answered. Burns-Thompson said she wasn’t aware that National Farmers Union opposed the project.
WZFG: Burleigh County officials seeking environmental impact study and model of potential leak from Summit Carbon Solutions
Ty Schonert, 7/25/23
“Burleigh County officials have questions about the proposed Summit Carbon Solutions pipeline regarding environmental impacts and learning the impact of a potential leak from the structure,” WZFG reports. “The pipeline is being designed with the intention of capturing and safely disposing of CO2 in the atmosphere. However, county commissioners want to see an environmental impact study on the pipeline, along with a model that would illustrate the effects a pipeline leak. Despite this, attorneys for Summit Carbon Solutions say they can't release details that would put project's safety at risk. A siting permit for the pipeline is currently being sought by the public service commission.”
KSFY: Matters of the State: PUC pipeline hearing; Election verification; Noem staff turnover
7/31/23
“On this week’s Matters of the State, the South Dakota Public Utilities Commission begins its permit hearing for the Navigator CO2 pipeline. The hearing comes about seven weeks before the PUC’s hearing for the Summit Carbon Solutions CO2 pipeline,” KSFY reports… “Matters of the State airs Sundays at 8:30 a.m. and 10:30 p.m. on KSFY and 10 a.m. on KOTA.”
World Pipelines: Exploring CO2 transport
Sara Simper, 8/1/23
“Bente Helen Leinum, Senior Principal Engineer, DNV, Norway, discusses repurposing pipeline infrastructure for carbon dioxide transport,” World Pipelines reports. “Having a suitable infrastructure to transport and store CO2 safely and reliably is essential for carbon capture and storage (CCS) expansion worldwide. CCS facilities can either be standalone ‘point-to-point’ projects or ‘hub and cluster’ networks that bring together multiple CO2 emitters and storage locations using shared transportation infrastructures. Establishing such CCS hubs will help accelerate deployment by reducing costs… “However, pipeline infrastructure to support CCS will need to scale substantially. According to the Global CCS Insititute, reaching climate targets will require 70 - 100 capture facilities to be built each year by 2050. These facilities would need to be supported by 200 000 km of pipelines as well, with an average build rate of 5200 - 7200 km/yr. There is currently strong interest within the industry to explore the possibility to repurpose existing pipeline infrastructure to leverage existing CAPEX investments. In recent years, several operators have been considering repurposing existing pipelines for CO2 transport. Repurposing, rather than constructing new pipelines, can reduce both project risk, carbon footprint, and costs. Several projects in development, including the Acorn Project in the UK, plan to reuse existing infrastructure.”
Algona Radio: Former Federal Safety Administrator Weighs In on Pipelines
Brian Wilson, 7/28/23
“The Iowa Utilities Board will begin to hear arguments next month on the first of three Carbon Capture Pipeline projects that could be built in the state, two of which would travel through Kossuth County,” Algona Radio reports. “Supporters of the projects say they will allow the ethanol industry to remain competitive in the years to come, as requirements for a carbon neutral product are put in place. Opponents have many concerns, including the potential to seize private property from landowners who do not sign an easement with pipeline developers. However, a former Deputy Administrator of the U.S. Department of Transportation’s Pipeline and Hazardous Materials Safety Administration (PHIMSA) says that pipeline safety shouldn’t be one of them. Brigham McCown is an Ohio Attorney that has held several roles within the United States Department of Transportation, including being named the first Deputy Administrator of PHIMSA by President George W. Bush back in 2005… “Opponents have cited the Satartia rupture to highlight the dangers associated with a CO2 pipeline, but McCown says something that officials have learned from… “McCown told AR pipelines are a lot like air travel, people remember the handful of things that go wrong, as opposed to the vast majority of times when things went exactly as planned.”
Norfolk NE Radio: New carbon alliance aims to put pipeline concerns at ease
Chad Smith, 7/30/23
“Carbon capture and transportation has been a growing topic, and while some landowners have expressed concern about carbon pipelines running through their land, a newly formed coalition will look to help ease their concerns,” Norfolk NE Radio reports. “The American Carbon Alliance was created to help talk about the benefits of carbon capture technology, especially to rural communities. Tom Buis, executive chairman and CEO of the alliance, says one specific benefit is it lowers the carbon index for ethanol production, which then qualifies for any future fuels. "For example, sustainable aviation fuel is a potential 100-billion-gallon market worldwide. And the airline companies are all under the gun to reduce their carbon score, and ethanol won’t qualify as a feedstock to produce sustainable aviation fuel unless we get our carbon index down." Buis says the ripple effect backs it up where you have less demand for corn, which usually leads to oversupply and lower prices to the farmers; and that’s what they’re seeking to avoid. While carbon pipeline placement and construction has been a hot-button issue, many people may not realize that there are millions of miles of pipelines around the country. Buis says shipping carbon by pipeline is the most efficient and safest manor… “Buis believes we will ultimately see these pipelines approved and moving forward to the areas throughout the country that can store it.”
Associated Press: Pipeline operators to pay $12.5M after crude oil spills in Montana, North Dakota
JACK DURA, 7/31/23
“Two pipeline operators have agreed to pay a $12.5 million civil penalty related to crude oil spills in Montana and North Dakota,” the Associated Press reports. “The U.S. Environmental Protection Agency on Monday announced the settlement in a 2022 federal court lawsuit. Belle Fourche Pipeline Company and Bridger Pipeline LLC will pay the $12.5 million to resolve the claims made under the Clean Water Act and Pipeline Safety Laws, the EPA said. The affiliated companies own and operate oil pipelines in Montana, North Dakota and Wyoming. In 2015, Bridger’s Poplar Pipeline broke and spilled more than 50,000 gallons (about 190,000 liters) of crude into the Yellowstone River near Glendive, Montana. Bridger has completed cleanup of the site, and in 2021 settled a lawsuit with federal and Montana authorities for $2 million. Montana’s Department of Environmental Quality previously fined Bridger $1 million in the case. In 2016, Belle Fourche’s Bicentennial Pipeline in Billings County, North Dakota, broke due to a landslide and spilled over 600,000 gallons (about 2.3 million liters) of oil, impacting an unnamed tributary, Ash Coulee Creek and the Little Missouri River. Belle Fourche’s cleanup is ongoing with oversight from North Dakota’s Department of Environmental Quality, according to the EPA. The $12.5 million civil penalty includes a nearly $4.6 million portion for North Dakota’s Department of Environmental Quality. Belle Fourche also will pay the state’s past response costs, totaling over $98,000, according to court documents filed Monday.”
Canadian Press: TC Energy maintaining targeted schedule, latest cost estimate for Coastal GasLink
7/31/23
“TC Energy Corp. remains on track to complete the Coastal GasLink pipeline by the end of this year without another escalation in construction costs, the Calgary-based company said Friday,” the Canadian Press reports. “The update is welcome one for TC Energy, which has been under significant scrutiny from investors and credit rating agencies for its heavy debt load as well as for the spiraling costs of the Coastal Gas Link project, a 670-km pipeline spanning northern B.C. that will carry natural gas to the LNG Canada facility in Kitimat. The company was recently downgraded by both DBRS Morningstar and Moody's Corp., in part due to the ballooning costs of the project, which has been dogged by unexpected construction issues and rising labour costs. Over the course of the project, the pipeline's construction has also attracted opposition and protests from environmentalists and Indigenous leaders. While many Indigenous groups along the project’s pathway support the pipeline, the hereditary Wet'suwet'en chiefs, whose territory the pipeline crosses, do not. In February, TC Energy raised the estimated project price tag to $14.5 billion, up significantly from a previous estimate of $11.2 billion and more than double the initial cost estimate of $6.2 billion… “But on Friday, TC Energy executive vice-president Bevin Wirzba said Coastal GasLink is managing the challenges and the project is more than 90 per cent finished. He said the company is maintaining its previously announced completion target and most recent cost estimate.”
Reuters: TC Energy to operate pipelines in part of Virginia at reduced pressure
7/31/23
“Canada's TC Energy on Monday said it plans to operate pipelines at reduced pressure in a part of Virginia affected by an incident, in accordance with a corrective action order from the Pipeline and Hazardous Materials Safety Administration (PHMSA),” Reuters reports. “On July 25, TC Energy's Columbia Gas Transmission pipeline declared force majeure and isolated a section of its Line VB pipeline in the U.S. state after detecting a pressure drop caused by an unforeseen incident. The PHMSA's order stated that "the cause of the failure is currently unknown, but based on initial observations of the failed pipe, environmental cracking is the suspected cause…The isolated segment must remain shut in and may not be operated until authorized to be restarted." The Calgary, Alberta-based company told Reuters it is working to return to service the adjacent parts of the pipeline system not directly impacted by the incident." The Columbia Gas Transmission system must reduce and maintain a 20% pressure reduction in the actual operating pressure along the affected pipelines, the PHMSA added.”
Truthout: Obama’s Solicitor General Has Pivoted to Defending Climate-Killing Pipeline
Sam Knight, 7/31/23
“One of the highest-ranking U.S. government attorneys under the Obama administration leveraged his public service experience to successfully defend a natural gas pipeline, which is set to hasten global warming while threatening vulnerable communities and ecosystems along its route,” Truthout reports. “Donald B. Verrilli Jr., solicitor general from 2011-2016, is the lead counsel for the holding company behind the Mountain Valley Pipeline (MVP) on a petition to the Supreme Court filed on July 14. Verrilli and his colleagues with the law firm Munger, Tolles & Olson LLP asked justices to overturn rulings that temporarily forbade their client from completing construction of the fossil fuel vessel… “But the Biden administration has no intention of invoking regulatory authority to stop MVP construction, according to a brief filed by the current Solicitor General, Elizabeth B. Prelogar… “Many high-ranking Obama administration officials went from public service to the corporate world, despite Obama having campaigned on promises to end the so-called revolving door phenomenon. Some of those officials ended up fighting regulatory initiatives that they once promoted while in government, according to an analysis published in 2015 by Politico. “The revolving door — the pattern of people going from industry to agency, back to industry — that will be closed in the Obama White House,” Obama said in 2007. But at least 1,165 people who served his administration, including “members of his transition team” and “staffers in various agencies,” either came to public service from the corporate world or left it for the private sector, according to the Center for Responsive Politics.”
WASHINGTON UPDATES
Washington Post: 39 Senate Republicans ask EPA to scrap power plant rule
Maxine Joselow, 8/1/23
“Thirty-nine Senate Republicans, including Minority Leader Mitch McConnell (Ky.), today will ask the Environmental Protection Agency to withdraw its proposed limits on planet-warming emissions from power plants, according to a letter shared exclusively with the Washington Post. “In the letter today to EPA Administrator Michael Regan, the Republicans argue that the agency has overstepped its legal authority to curb greenhouse gas emissions from fossil-fuel-burning power plants, which rank as the nation’s second-biggest contributor to global warming. “The EPA has again grossly misinterpreted the scope of authority Congress granted under Section 111 of the Clean Air Act by proposing a rule that would … transform our nation’s power sector with neither a clear and explicit congressional authorization nor adequate process as required under the Administrative Procedure Act,” the senators wrote. The letter was led by Sen. Shelley Moore Capito (W.Va.), the ranking member on the Senate Environment and Public Works Committee, who has also introduced a resolution to overturn the power plant rule… “Of course, the EPA is unlikely to fulfill the Republicans’ request by withdrawing the power plant proposal… “Despite their past support for carbon capture and hydrogen, the GOP senators also voiced concern that these technologies “are still nascent and have not yet been adequately demonstrated” as required by the Clean Air Act.”
E&E News: Republicans slam Biden NEPA revamp, threaten permitting talks
Emma Dumain, Robin Bravender, 7/31/23
“Congressional Republicans are seething about the Biden administration’s plans to change how the government reviews major energy infrastructure projects ranging from oil and gas pipelines to solar installations,” E&E News reports. “The White House released its highly anticipated proposal last week to overhaul how the government reviews projects under the National Environmental Policy Act (NEPA)... “But GOP lawmakers slammed the White House approach, calling it a “dishonest” and “sneaky” attempt to favor renewable energy over fossil fuels… “However, the White House’s proposed permitting overhaul isn’t what some Republicans were hoping for — or expecting. The draft rule “is just another example of unchecked bureaucrats trying to force their radical agenda and burden Americans with red tape,” House Natural Resources Chair Bruce Westerman (R-Ark.) told E&E. The administration, he told E&E, “ignores the will of Congress” that was detailed in the bipartisan compromise to raise the federal debt limit… “Rep. Garret Graves (R-La.) — who has led discussions in his chamber about overhauling the permitting process broadly and more recently represented the interests of House Republicans on debt ceiling negotiations with the White House — was likewise irked by the developments Friday… “Graves also told E&E the changes would “actually increase the number of frivolous lawsuits challenging environmental reviews” and “discriminate against the types of projects that may benefit from expedited reviews or categorical exemptions.”
The Hill: 4 Senate Democrats call on Garland to sue fossil fuel industry
ZACK BUDRYK, 7/31/23
“A group of senators affiliated with the progressive and climate-hawk wings of the Democratic party are calling on Attorney General Merrick Garland to sue fossil fuel companies for misleading the public on climate change,” The Hil reports. “In the letter, Sens. Bernie Sanders (I-Vt.), Ed Markey (D-Mass.), Elizabeth Warren (D-Mass.) and Jeff Merkley (D-Ore.) called on the Justice Department to take civil action over what they call a concerted effort to misinform about the relationship between fossil fuels and planetary warming. The senators cite communications as early as 1959 between physicist Edward Teller and the American Petroleum Institute (API) in which he warned of planetary warming from burning fossil fuels… “Since then, the senators wrote, the industry has embarked on a campaign to minimize the threat of climate change through the API, with an ultimate goal of making “recognition of the uncertainties … part of the ‘conventional wisdom,’” according to a 1998 API memo. “The actions of ExxonMobil, Shell, and potentially other fossil fuel companies represent a clear violation of federal racketeering laws, truth in advertising laws, consumer protection laws, and potentially other laws, and the Department must act swiftly to hold them accountable for their unlawful actions,” the senators wrote. “The fossil fuel industry has had scientific evidence about the dangers of climate change and the role that burning fossil fuels play in increasing global temperatures for more than 50 years.”
E&E News: White House To Host Birthday Bash For Climate Law
Robin Bravender, 7/31/23
“Save the date: President Joe Biden is planning a birthday party for his signature climate law,” E&E News reports. “The president will host an event at the White House on Aug. 16 to celebrate last year’s enactment of the climate and energy law Democrats have dubbed the Inflation Reduction Act, the White House announced. The party comes as part of a broader administration push to rally public support for the president’s economic and policy agenda. Biden and other senior administration officials are fanning out across the country throughout the August congressional recess for what they’ve dubbed a ‘travel blitz’ as they continue to market their climate and infrastructure spending. Biden is heading to Arizona, New Mexico and Utah next week, where he’s expected to tout the climate law and its investments in renewable energy, according to the White House. … And Interior Secretary Deb Haaland plans to tout water recycling projects and tribal communities’ expanded access to public lands during her trip to California this week, the White House announced.”
STATE UPDATES
Louisiana Illuminator: Louisiana public service commissioner slams carbon capture
PIPER HUTCHINSON, 7/31/23
“Davante Lewis, a newly-elected progressive Democrat on the Public Service Commission, criticized carbon capture and sequestration at a Monday meeting of the Baton Rouge press club,” the Louisiana Illuminator reports. “We heard a significant rise of movement about carbon capture, which I think is an untested, unproven science,” Lewis said. “That is costly, but one of the questions that we have not done our due diligence on is asking who will bear the cost if carbon capture fails?” Lewis, who represents parts of Baton Rouge and New Orleans, raised concerns that consumers will bear the brunt of the costs if carbon capture doesn’t work… “Proposed projects have drawn the ire of neighboring residents who worry about their safety and ecological damage. Environmentalists say the technology enables fossil fuel reliance. Gov. John Bel Edwards embraced carbon capture in his plan to reach net-zero carbon emissions in Louisiana by 2050… “So far, there are at least 20 capture storage sites planned for Louisiana, according to a recent report commissioned by the progressive environmental nonprofit 2030 Fund. The federal Environmental Protection Agency has received applications for the Class VI permit needed to do carbon capture on 10 sites… “Lewis, who styles himself as the “consumer advocate” commissioner, pointed out that when a nuclear or natural gas power plant fails, those costs are passed along to rate-payers. The commission also needs to ask itself whether carbon capture is a prudent investment for companies, Lewis said. “I am questioning whether or not these investments in carbon capture and sequestration or in natural gas generation provides the security for our people’s health and their future,” Lewis said.
Bloomberg: Permit to Expand Texas Oil Export Terminal Lawful, Judge Says
Samantha Hawkins, 7/31/23
“The US Army Corps of Engineers adequately studied the environmental effects of expanding an oil export terminal in Texas, a federal judge ruled, rejecting Native American tribes’ request to toss a necessary permit for the project,” Bloomberg reports. “The Clean Water Act permit allows Enbridge Oil Terminal, which purchased Moda Ingleside Crude Export Terminal in 2021, to dredge about 3.9 million cubic yards of material out of the Corpus Christi Bay. Two indigenous groups and one association sued, claiming that the expansion would have a significant impact on seagrasses and wetlands.”
Los Angeles Times: County seeks to recover $1.8M from Chevron for 2022 Talbert Channel oil leak cleanup
SARA CARDINE, 7/2923
“A construction crew working for Orange County’s Public Works Department was strengthening the flood control capacity of the Talbert Channel in Huntington Beach on Oct. 6, 2022, when workers noticed a sheen on the surface of the water,” the Los Angeles Times reports. “Just one year earlier, 25,000-gallons of crude oil spilled from a ruptured pipeline connection to an offshore platform, reaching Huntington Beach’s coastline and threatening wildlife near Talbert Marsh, just 2 miles away from the channel work site. Was this the start of another spill? County officials responded immediately to contain what was determined to be oil that had leaked from an abandoned line near Huntington Beach’s Sowers Park when a contractor struck a nonpressurized line underground… “County officials, who are continuing to monitor the channel, estimate the total response cost $1.8 million. However, when they reached out to Chevron to discuss remuneration for the cleanup effort, no real response was given… “In a closed session meeting Tuesday, supervisors unanimously agreed to pursue litigation against Chevron and any other responsible parties for the cost of last year’s work.”
Colorado Newsline: Eagle County, conservation groups press federal officials for full review of Utah oil train terminal expansion
CHASE WOODRUFF, 7/28/23
“Colorado’s Eagle County and a coalition of environmental groups are urging the federal Bureau of Land Management to undertake a full review of the proposed expansion of an oil-train terminal in eastern Utah,” Colorado Newsline reports. “Owned by Utah’s largest oil producer, the Wildcat Loadout Facility near Price, Utah, has been used in recent years to transport limited amounts of crude oil by rail through Colorado to refineries along the Gulf Coast. The exported oil is currently trucked to the terminal from the Uinta Basin, the oil-rich region to the northeast, before being loaded into rail tank cars. The terminal’s expansion is viewed by conservation groups as a potential interim or backup measure in connection to the proposed Uinta Basin Railway, the multibillion-dollar public-private partnership that aims to build a new 88-mile railroad to connect the region to the existing Union Pacific line near Price. That proposal has drawn fierce opposition from many in Colorado, including Eagle County, which has sued the Biden administration to reverse its approval. In a letter sent Thursday to Greg Sheehan, the BLM’s Utah state director, attorneys representing the county wrote that it has “similar concerns” about the expansion of the Wildcat terminal. The facility’s owners have applied to the agency for a permit to increase its capacity to 100,000 barrels of crude oil per day. That’s less than half of the projected capacity of the Uinta Basin Railway, but more than triple the terminal’s current throughput.”
EXTRACTION
Canadian Press: Suncor tells regulator reconsidering approvals would arm industry opponents
7/31/23
“Suncor has warned the Alberta Energy Regulator that reopening a debate over mining an ecologically valuable wetland would play into the hands of industry opponents and upset the province's energy development,” the Canadian Press reports. “In documents filed Thursday, the company says the agency shouldn't go any further with the Alberta Wilderness Association's request to reconsider approvals to mine a portion of McClelland Lake, a large and intact wetland about 90 kilometres north of Fort McMurray once considered for conservation. “Granting the (association's) request ... would endorse (its) strategy, which appears to be to undermine Alberta's regulatory system and to create a disconcerting precedent whereby requestors could utilize the (regulator's) reconsideration powers to intentionally boycott (its) processes and subsequently compel new and unnecessary processes,'' the filing says. Suncor's operating plans for the project were approved last fall. But in April, the Alberta Energy Regulator decided to open its reconsideration process for that approval after the association presented studies saying mining would damage the wetland and release thousands of tonnes of carbon. The regulator is now considering whether to proceed to the second stage of reconsideration.”
Reuters: Explainer: What is carbon capture and storage and will it cut emissions?
Nina Chestney and Susanna Twidale, 7/31/23
“The UK government on Monday reaffirmed its support for projects to capture and store carbon dioxide emissions as part of its efforts to reach net zero goals and said two more projects would be able to begin negotiations to take them forward,” Reuters reports. “...The two new British projects to get government backing are Acorn - developed by Storegga, Shell, Harbour Energy and North Sea Midstream Partners - and the Viking project - led by Harbour Energy. They are both designed to capture emissions from heavy-emitting sectors, such as oil and gas refining and steel manufacturing, and store them underground off the coast of Britain in depleted oil and gas fields… “CCS has been in operation since the 1970s with more than 200 million tonnes of CO2 captured and stored deep underground globally, the Global CCS Institute says. Many projects however have failed to deliver the carbon savings promised. The world's largest commercial CCS project, Chevron Corp's (CVX.N) Gorgon project in Australia has struggled to hit capacity. A U.N. panel of scientists' report last year said CCS can help the world to reach global climate targets set under the 2015 Paris Agreement on climate change, but that the focus needed to remain on preventing emissions from being emitted in the first place.”
OPINION
Des Moines Register: Opinion: Governor, slow down the Iowa CO2 pipeline approval process
Tim Baughman lives in Crawford County. His land is affected by the planned Summit Carbon Solutions pipeline, 7/30/23
“To Gov. Kim Reynolds: Please allow Iowa to be “a place where families thrive, businesses grow, and government is responsive to the people,” Tim Baughman writes for the Des Moines Register. “The debacle of the Summit hazardous CO2 pipeline lies squarely on your shoulders. You took an oath to protect the citizens of Iowa against dangerous consequences… “Your appointed Iowa Utilities Board is fast tracking the hearing schedule ahead two to six months and then casting their own protocol to the wind by ordering the Exhibit H landowners to defend their landowner rights against a proposed hazardous CO2 pipeline that has not even been fully explained by Summit, the petitioner of the permit. Summit was still sending out survey letters this month. This is ridiculous! It appears you are intentionally allowing the stacking of the deck in favor of a construction project that has no proof of achieving its desired outcome. Summit doesn’t even know if it is transporting liquid or supercritical CO2. How can we trust it with the stewardship of our land? There are no answers to the safety questions Iowans have been asking about this project. Waiting until construction begins to share safety information is irresponsible!.. “We are concerned that the catastrophic episode of the Sartartia, Mississippi, CO2 pipeline eruption could occur in Denison, Iowa, if no PHMSA safety regulations are developed before the Summit hazardous CO2 pipeline is constructed… “I do not understand why you are subjecting our cherished land to be violated by this invasive hazardous CO2 pipeline when the soil is the keystone to our state's economy. Please do not abandon Iowa landowners for $188,000 in campaign contributions… “Bruce Rastetter has the reputation of selling his investments after five to seven years. If foreign investors are partners in his LLC, will the Summit hazardous CO2 pipeline bring about foreign land ownership and control, yet another violation to the Iowa Constitution? The IUB should pause the fast-track schedule at least until the PHMSA regulations for hazardous CO2 pipelines are released. Please do not allow the economic pressure and political influence of a private company to compromise your important responsibility of protecting all Iowans.”
Dakota Free Press: Navigator Hiding CO2 Pipeline Leak Science Because Citizens Are Stupid
CORY ALLEN HEIDELBERGER, 7/26/23
“The Public Utilities Commission is holding hearings in Fort Pierre this week and likely next on the proposed Navigator Heartland Greenway carbon dioxide pipeline,” Cory Allen Heidelberger writes for the Dakota Free Press. “Testifying yesterday, Navigator VP Elizabeth Burns-Thompson Told Commissioner Gary Hanson that the company will not share vital enviro-engineering information on what might happen if the pipeline ruptures saying we all are just too dumb to understand it: Hanson also wondered why Navigator wanted its plume model overview kept confidential. Burns-Thompson said the complexity of the data and work was beyond the general public’s ability to understand. That’s funny: over a year ago, Navigator told Illinois landowner and likely pipeline neighbor Kathy Campbell that they would publish the plume modeling… “Sure, modeling what happens when gas leaks from a pipeline is complex and costly, but complexity is no reason not to tell the public what that modeling shows... “Hiding complex data fuels more suspicion and opposition than any misunderstandings that might arise among us yokels from reading the complex data. Put out the data, put out the infographic explainers that Navigator PR make for a living, correct the misinterpretations and misrepresentations that may arise, and trust that interested reporters and citizens can make as much sense of the data as can the Public Utilities Commissioners whom they elect.”
Jackson Star and Herald: Moving the pipeline forward
7/31/23
“U.S. Supreme Court Chief Justice John Roberts sent a clear message on Thursday with his ruling that overturned Fourth District Court of Appeals rulings that had stopped the resumption of Mountain Valley Pipeline construction,” the Jackson Star and Herald Editorial Board writes. “The panel of three judges on the U.S. Court of Appeals for the Fourth Circuit, which has previously rejected permits for the project, unanimously decided to grant the motion to stop construction about two weeks ago, a move that drew the ire of U.S. Sens. Joe Manchin and Shelley Moore Capito, both of whom have led efforts to move the pipeline forward…”
Jacobin Magazine: The Oil Industry Makes Its Own Rules in Canada’s Tar Sands
JEREMY APPEL, 7/31/23
“An oil refinery in northern Alberta was recently discovered to have been operating without environmental permits for twenty-two years, demonstrating that the industry extracting the province’s tar sands is a rogue entity that makes its own rules,” Jeremy Appel writes for Jacobin Magazine. “The Enerchem refinery, located 250 kilometers northwest of Edmonton, has turned tar sands crude into fuel and fluid for fracking and drilling since 2001… “The idea of a significant industrial development operating without approval for years, it’s off the charts,” commented University of Calgary law professor Nigel Bankes, who described the company’s actions as “negligence” in an interview with CBC. Allowing the plant to continue operations is based on the assumption that it adheres to environmental regulations, but as Bankes points out, there is no concrete evidence to support this assumption, and no means to verify compliance… “Any semblance of oversight for the oil and gas industry will seemingly have to be handled by the federal government, as Premier Danielle Smith’s track record indicates her strong inclination to reward the industry, no matter its chicanery and unscrupulousness. This is evident in her ill-conceived proposal to subsidize fossil fuel companies for merely fulfilling their legal obligation to clean up their environmental impact… “Oil and gas companies have been drilling on rural land without paying rent to landowners, and the government covered the $14 million cost last year… “The Alberta Energy Regulator (AER), which is supposed to have oversight over drilling and mining, can deny companies permits for future drilling if they haven’t fulfilled their environmental obligations, or if they’re in poor financial shape. However, the AER’s failure to exercise this power raises concerns… “The provincial government and its agencies have been captured by the oil and gas industry. The question is whether the federal government will step up to the plate to save Alberta from itself. But the federal government’s display of handing out no-strings-attached cash to Big Oil during the COVID pandemic doesn’t inspire confidence in its ability to firmly say “no” to the industry’s requests, either.”
The Hill: Gutting the National Environmental Policy Act again won’t help renewable energy
Brett Hartl is the government affairs director at the Center for Biological Diversity, 7/31/23
“In exchange for lifting the debt ceiling for two years, President Biden traded away permanent changes to the National Environmental Policy Act. These are the first comprehensive changes in NEPA’s 50-year history, weakening the foundational environmental review and public input processes used by federal agencies for nearly every type of federal project,” Brett Hartl writes for The Hill. “...The changes in the Fiscal Responsibility Act, signed in June, allowed regulated industries to self-servingly prepare their own environmental reviews and expanded the use of categorical exclusions that exempt countless projects from public scrutiny. They also set arbitrary page and time limits for the NEPA process, potentially undermining efforts to address environmental injustice that continues to harm communities across the nation. Yet, in making the deal with Speaker Kevin McCarthy (R-Calif.) and House Republicans, the White House falsely claimed that weakening these key environmental safeguards would “harness government efficiencies to accelerate construction projects across the country” without undermining NEPA… “Time will tell whether gutting NEPA will truly improve agency decision-making and accelerate project approvals or whether it will exacerbate environmental injustice and leave more communities behind… “If gutting NEPA was one of the key demands of House Republicans in their hostage-taking strategy over the debt ceiling, why should Democrats expect a different outcome in future negotiations over funding the government or other must-pass legislation?.. “The “look before you leap” approach embodied within NEPA has served our nation well for five decades. Congress should evaluate the changes to NEPA in the Fiscal Responsibility Act before taking another wrecking ball to the law. It is a tragedy that Schumer and other powerful members of Congress continue to waste time trying to solve problems that don’t exist, while ignoring the largest barrier to achieving a renewable energy future — the fossil-fuel industry’s dominance over our political process.”
Legal Planet: Revamping the NEPA Process
Dan Farber, 7/31/23
“Early on Friday, the White House’s Council on Environmental Quality (CEQ) released the proposed Phase II revisions of its NEPA regulations. The CEQ proposal deftly threads the needle, streamlining the NEPA process while protecting the environment and disadvantaged communities,” Dan Farber writes for Legal Planet. “The proposal is a clear improvement over both earlier versions: 1978 rules issued by the Carter Administration, and 2020 rules issued by the Trump Administration. “Phase II “revisions were already in the works when Congress played a wildcard at the beginning of June: rewriting NEPA itself as part of the debt ceiling bill. That made redoing the NEPA rules trickier… “In terms of streamlining the process, the new rules incorporate the deadlines and page limits found in the Financial Responsibility Act. We are likely to see complaints on both sides— but especially from those who want more streamlining regardless of the impacts on the environment or disadvantaged communities. We may also see complaints from groups that feel the current system gives them more leverage to protect the environment or the interests of disadvantaged communities. CEQ wisely refrained from pursuing streamlining at all cost, jettisoning the value of honestly examining environmental consequences. CEQ was also aware that, unless the permit process for clean energy projects is streamlined, both the environmental and disadvantaged communities will be more exposed to the ravages of climate change. This was not an easy balance to strike, and the inept drafting of the most recent NEPA amendments only made it harder. To my mind, the proposal is an important step forward. This is not to say that I think it’s perfect. I will discuss some initial thoughts about possible improvements in my next post. But the CEQ proposal will improve the NEPA process in tangible ways.”
The Conversation: The oil industry has succumbed to a dangerous new climate denialism
Adi Imsirovic, 7/31/23
“If we have not been warned of the dangers of climate change this summer, we never will be. Extreme heat, forest fires and floods have been all over news reports. Yet the oil and gas industry remains largely in denial,” Adi Imsirovic writes for The Conversation. “The International Energy Agency (IEA) says steep cuts in oil and gas production are necessary to reach the Paris (COP 21) goal of keeping global warming at 1.5℃. However, only a tiny fraction of the industry, accounting for less than 5% of oil and gas output, has targets aligned with the IEA’s “net zero” requirements… “Typical of the new breed of climate denialism is a recent report by the Energy Policy Research Foundation (ERPF), a body funded by the US government and various undisclosed corporate interests and foundations. It sees the IEA’s requirements as a “seal of approval … to block investment in oil and gas production by western companies”. The report views meeting the targets as too costly, too harsh on poor countries and too bad for the energy security of the west… “The denialists offer no alternatives to cutting carbon emissions, and often simply ignore climate change altogether… “To incentivise the transition to cleaner energy, governments need to end fossil fuel subsidies, which the IMF estimates amounted to US$5.9 trillion in 2020 alone. We also need to put a proper price on carbon – only 40 countries have attempted this so far, and none has it anywhere near the estimated social cost of emitting carbon… “Instead of criticising efforts to slow climate change and sponsoring ridiculous reports calling for more fossil fuels, the oil industry should eliminate leakages, venting and flaring of methane, and electrify as many processes as possible using renewable power. It should also employ carbon capture, usage and storage technologies over the next ten years – yes this will increase the price of fossil fuels, but that is exactly what we need to make clean sources of energy competitive across the board and speed up the energy transition.The sooner the industry starts facing up to the realities of climate change, the more chance it has to survive.”
The Hill: Biden is targeting fossil fuels, but people need them to get through the heat
Brad Schaeffer is a commodities trader and author, 7/31/23
“Over the last several weeks, the U.S. has experienced some of its highest temperatures on record. Indeed, a stubborn heat wave of massive proportions has settled across the country like melted brass. In the past, such sustained high temperatures would trigger a spike in the price of natural gas futures as consumers crank up their air conditioning. This in turn would cause utility bills to rise,” Brad Schaeffer writes for The Hill. “...Since 2005 — the year when Hurricanes Katrina and Rita sent natural gas futures soaring to more than $15.70 per MMBtu — natural gas production has doubled, from roughly 50 billion to 100 billion cubic feet per day… “This has propelled the U.S. to its position as the leading producer of natural gas, making our grid far less vulnerable to this year’s outlier (or perhaps even new normal) weather events… “Unfortunately, the Biden Administration seems determined to upset this beneficial situation by tapering off the leasing of federal land to oil and gas companies for the remainder of the decade… “Incredibly, because there is insufficient pipeline infrastructure for the Northeast to get its natural gas from nearby Pennsylvania, it has been importing the shortfall from foreign countries, including Vladimir Putin’s Russia, for nearly a decade… “For this production-over-demand dynamic to remain, along with the steady energy costs it is yielding, a more energy-friendly (read consumer-friendly) administration would be helpful. Americans need a break in their budgets somewhere. As such, when it comes to formulating sound energy policy, government should ultimately place the needs of its constituents over those of the renewables lobby and its own ideological verve.”
Washington Post: Activists are looking to banking regulations to combat climate change
Bart Elmore is associate professor of environmental history and a core faculty member of the Sustainability Institute at The Ohio State University, 7/31/23
“Historically the federal government has done very little to push banks to address climate risk in the financial system,” Bart Elmore writes for the Washington Post. “The last major wave of environmental legislation passed in the 1960s and 1970s, when banks were nowhere near as big as they are now. Back then, the primary targets of anti-pollution laws were corporations that were actively generating emissions or had dumped toxic waste that needed to be cleaned up… “Changes in the banking sector over the past half-century have produced dramatic consolidation, making a handful of big banks outsize financial engines in the fossil fuel industry. So long as these large banks and financial firms continue funding major fossil fuel development, environmental activists argue, addressing climate change will be impossible. And policymakers are now beginning to heed their calls… “The Rainforest Action Network (RAN) led the way, initiating its first wave of big bank protests in the early 2000s. The organization focused on Citigroup, and then JPMorgan Chase and Bank of America, with the goal of trying to stop the flow of money before it reached companies and factories contributing to climate change. This was a new era of environmentalism, and slowly it had an impact. Banks began to respond to these protests, with Bank of America, for example, agreeing in 2008 to “phase out” funding for mountaintop removal coal mining programs that are destroying ecosystems and communities across Appalachia… “Building on these proposals, President Biden signed an Executive Order on Climate-Related Financial Risk in May 2021, which tasked federal agencies with finding ways to address climate risk embedded in our financial system. Since then, the Treasury Department has established a Climate-Related Financial Risk Advisory Committee to look into how federal regulations might push banks to move away from investments that produce climate-changing consequences. The Securities and Exchange Commission is also considering new rules that would force companies to be more transparent when reporting greenhouse gas emissions. This is a seminal moment in the history of federal environmental policy. Never before have federal policymakers sought to use financial regulation to address climate change in the manner they are now.”
Newsweek: Methane Gas From LNG Production Is a Climate Emergency
Aditi Sen is climate and energy program director at Rainforest Action Network, 7/31/23
“Due to climate change parts of India, where I'm from, are questioning whether they will be habitable for humans in the future,” Aditi Sen writes for Newsweek. “...These events are not random. They're clearly linked to climate change caused by the burning of fossil fuels. Scientists have issued dire warnings, yet fossil fuel companies expand supply, making record profits with help from major banks. Since the Paris climate agreement was signed, banks have poured $5.5 trillion dollars of financing into fossil fuel companies. Last year, banks pumped over $660 billion dollars of cash into fossil fuels while thousands of people died from flooding in Nigeria, India, and Pakistan… “One of the worst sources of climate chaos isn't the usual suspects like coal or oil. It's methane gas that was rebranded in recent decades by the energy industry as liquified natural gas or LNG… “A methane gas pipeline explodes every two days in the U.S., on average. The build out of methane gas facilities is also happening in Black, brown, and Indigenous communities in the Gulf South that have for decades been dealing with the toxic impacts of petrochemicals… “Despite the deaths and explosions, banks continue to fund LNG with over 25 export projects being proposed in the U.S. Gulf alone… “How many people have to die before banks understand that no more fossil fuel projects can be funded?.. “Banks must stop financing any fossil fuel expansion, especially deceptive methane gas projects. They can become part of the solution that the world needs to survive.”