Enbridge Seeks Exemption to Fast Track Pipeline Before Opposition Builds
It may sound like a familiar story: a proposed pipeline that will carry hundreds of thousands of barrels of Canadian oil sands crude across the Midwest prairies is embroiled in a permit controversy.
But this is not a story about Keystone XL.
Enbridge Energy’s proposed Flanagan South pipeline, like Keystone XL, would connect with existing pipes to ferry crude oil from Alberta—and Montana and North Dakota—to refineries in the Midwest and the Gulf Coast. The 600 miles of 36-inch pipe would run from southwest of Chicago across Illinois, Missouri and southeast Kansas before connecting with the oil hub of Cushing, OK.
Both pipelines would have a hefty capacity: 830,000 barrels a day for Keystone XL; 600,000 barrels a day initially for the Flanagan South, and 783,000 barrels per day once combined with the Spearhead, an existing pipeline that largely runs parallel to the proposed Flanagan route.
Since Flanagan South doesn’t cross an international border, it doesn’t require State Department approval, the current point of contention for Keystone XL. However, Enbridge is trying to use a regulatory shortcut known as Nationwide Permit 12 that might allow it to get its pipe in the ground before it provokes the sort of opposition now marshaled against Keystone XL.
According to its website, Enbridge is aiming to begin construction in August.
Before it can get started, though, Enbridge must get approval from the U.S. Army Corps of Engineers. The Corps regulates projects that require disturbing wetlands, and Flanagan South, which would cross the Missouri and Mississippi rivers along with many smaller waterways, would require digging in wetland areas, then refilling them.
“We’re looking at trying to finalize our review, probably close to August,” said Lucius Duerksen, a regulatory specialist in the Corps’ Kansas City office. Duerksen is coordinating the four Corps offices in Illinois, Missouri and Oklahoma that are involved in reviewing the Flanagan project.
The Corps must determine whether the Flanagan project qualifies for Nationwide Permit 12 status, allowing Enbridge to bypass the usual lengthy permit process and get to work much faster than they otherwise would. Also, under Nationwide 12, no public notification is required.
Nationwide 12 is a popular option with pipeline developers. TransCanada, developer of Keystone XL, attempted to use that process. In response, the Sierra Club filed two lawsuits. A request for a temporary injunction against granting the permit to TransCanada is before a federal appellate judge in Washington DC. A lawsuit alleging that Nationwide 12 is a violation of the Clean Water Act and the National Environmental Policy Act (NEPA) is now before a federal district judge in Oklahoma.
Flanagan is a reprise of the Keystone XL dispute, according to Doug Hayes, one of the Sierra Club staff attorneys who filed the two now-pending lawsuits.
“It’s happening all over again,” he said. “The Corps is completely refusing to disclose any information about this to the public.”
The Sierra Club is a member of RE-AMP, which also publishes Midwest Energy News.
‘We’ll Do This Without Public Input’
In May, the Sierra Club filed a Freedom of Information Act request with the four Corps offices involved in the Flanagan case. The Club sought “expedited” access to documents related to the application for a Nationwide 12 permit. Expedited access puts a request at the front, rather than the back, of the queue.
Two of the offices have denied the request. The other two haven’t yet responded to it, according to the Sierra Club. If the group isn’t granted expedited access, Hayes said, documents most likely would not arrive for at least a year. And given that Enbridge intends to have the pipeline operating by mid-2014, any documents received in a year “will be useless information,” according to Hayes.
“The Corps seems to be saying, ‘We’ll do this without public input, and the only way people will get information is with a lawsuit.’ “
Nationwide 12 is one of 52 expedited permits, each addressing a general type of project. The nationwide permits are reviewed every five years, at which point the public is alerted and invited to comment. Then, if a given project fits the parameters of one of the permit types, it can gain approval fairly quickly with a minimum of hoops to pass through.
A pipeline project can qualify for Nationwide 12 status if, for example, it disturbs no more than a half-acre of wetland in a “single and complete project.” The Corps interprets “single and complete” as the crossing of one stream, rather than an entire pipeline project.
“The way to get around that is to say that each crossing is a separate project,” said Hayes, the Sierra Club’s lawyer. That interpretation, in his view, “violates the intent of the Clean Water Act.”
It means that pipeline developers can go the Nationwide 12 route even if they will cross hundreds or thousands of streams, provided no single one would disturb more than a half-acre of wetland. The proposed Keystone XL route would cross about 2,227 streams; Flanagan South, about 2,000.
The Nationwide 12 permit also is reserved for projects that would cause no more than what the Clean Water Act terms, “minimal individual and cumulative adverse environmental impact.” In other words, “insignificant projects,” Hayes said.
He wonders whether the Corps will characterize a 600-mile pipeline with 2,000 stream crossings as a small disruption. Like most major pipeline projects, Flanagan South would require a temporary construction right-of-way 85 feet wide, which it would clear and level. After burying the 36-inch wide pipe four feet below ground, a 50-foot-wide right-of-way would be maintained in a treeless state to maintain easy access to the pipeline.
If they can convince the Corps that their project fits within the general parameters of the permit language, pipeline developers can be granted Nationwide 12 status in a relatively quick and easy fashion, rather than the arduous individual permit process with its required public hearing.
‘It’s This Smokescreen’
Nationwide 12 was used in Louisiana and Arkansas for a 26-mile pipeline that will receive about 20 million gallons a day of treated waste from two chemical companies, one oil refinery and the wastewater treatment plant of El Dorado, AR, and then deposit it into the Ouachita River. It’s projected to be completed in October.
Cheryl Slavant, the designated riverkeeper of the Ouachita RiverKeepers, said that like Doug Hayes’ experience, information has been hard to come by. She receives regular e-mails from the Corps about projects affecting the Ouachita River.
The Corps, as Slavant sees it, is “allowed to pick and choose who has to follow what law. A little guy who wants to build a house has to have a public hearing. They take a sledgehammer to the little guy, and give a pass to the big guy.”
“All we’re trying to do is make sure people follow the law,” said Greg Raimondo, a Corps spokesman in the Vicksburg office.
Slavant had her opportunity to weigh in on this and other wetland-disrupting projects a few years ago when the Corps was seeking input before renewing the Nationwide Permit 12, said Mike Miller, the pipeline project manager in the Vicksburg office.
“It’s this smokescreen,” said the Sierra Club’s Hayes. “At each point in the process, the Corps points to an analysis they supposedly did at another point. The effect in the end is that they never analyze the environmental impact under the National Environmental Policy Act.”
NEPA would require regulators to assess the likelihood and potential impact of an oil spill from a pipeline like the Flanagan. When Hayes studied the 45 pages of Nationwide Permit 12, he found “not a single mention of oil spills.”
As a result, he contends that regulators have little insight as to what environmental hazards might result from pipeline projects: whether it’s the 26-mile pipeline delivering waste to the Ouachita River, or the 600-mile Flanagan pipeline that next summer may be ferrying crude across the middle of the country.
Visit EcoWatch’s FRACKING page for more related news on this topic.
A pygmy rabbit rescued from a breeding site in Beezley Hills, Washington, eats owl clover in its new enclosure. Kourtney Stonehouse, WDFW
- 7 Devastating Photos of Wildfires in California, Oregon and ... ›
- California Wildfires Destroy Condor Sanctuary, at Least 4 Birds Still ... ›
EcoWatch Daily Newsletter
By Mark Hertsgaard
What follows are not candidate endorsements. Rather, this nonpartisan guide aims to inform voters' choices, help journalists decide what races to follow, and explore what the 2020 elections could portend for climate action in the United States in 2021 and beyond.
Will the White House Turn Green?<p>Whether the White House changes hands is the most important climate question of the 2020 elections. President Donald Trump rejects climate science, is withdrawing the United States from the Paris Agreement, and has accelerated fossil fuel development. His climate policy seems to be, as he tweeted in January when rejecting a U.S. Army Corps of Engineers proposal to protect New York City from storm surges, "Get your mops and buckets ready."</p><p>Joe Biden, who started the 2020 campaign with a climate position so weak that activists gave it an "F," called Trump a "climate arsonist" during California's recent wildfires. Biden backs a $2 trillion plan to create millions of jobs while slashing emissions—a Green New Deal in all but name. Equally striking, his running mate, California Senator Kamala Harris, has endorsed phasing out fossil fuel production—a politically explosive scientific imperative.</p><p>The race will be decided in a handful of battleground states, five of which already face grave climate dangers: Florida (hurricanes and sea-level rise), North Carolina (ditto), Texas (storms and drought), Michigan (floods), and Arizona (heat waves and drought). <a href="https://climatecommunication.yale.edu/visualizations-data/ycom-us/" target="_blank">Public concern is rising</a> in these states, but will that concern translate into votes?</p>
Will Democrats Flip the Senate, and by Enough to Pass a Green New Deal?<p>With Democrats all but certain to maintain their majority in the U.S. House of Representatives, the Senate will determine whether a potential Biden administration can actually deliver climate progress. Democrats need to pick up three seats to flip the Senate if Biden wins, four if he doesn't. But since aggressive climate policy is shunned by some Democrats, notably Joe Manchin of coal-dependent West Virginia, Democrats probably need to gain five or six Senate seats to pass a Green New Deal.</p><p>Environmentalists, including the League of Conservation Voters, are targeting six Republicans who polls suggest are vulnerable.</p><ul><li>Steve Daines of Montana, who denies climate science</li><li>Martha McSally of Arizona</li><li>Thom Tillis of North Carolina</li><li>Susan Collins of Maine</li><li>Joni Ernst of Iowa (bankrolled by Charles Koch)</li><li>John James of Michigan (also a Koch beneficiary)</li></ul><p>Republican Senators are even at risk in conservative Kansas and Alaska. In both states, the Democratic candidates are physicians—not a bad credential amid a pandemic—who support climate action. In Kansas, Barbara Bollier faces an incumbent funded by Charles Koch. In Alaska, Al Gross urges a transition away from oil, though his openness to limited drilling in the Arctic National Wildlife Preserve dims his appeal to green groups. He faces incumbent Republican Dan Sullivan, who receives an 8 percent lifetime voting record from the League of Conservation Voters.</p>
Will Local and State Races Advance Climate Progress?<h4>THE CLIMATE HAWKS</h4><p>Under Democratic and Republican leadership alike, Washington has long been a graveyard for strong climate action. But governors can boost or block renewable energy; the Vermont and New Hampshire races are worth watching. Attorneys general can sue fossil fuel companies for lying about climate change; climate hawks are running for the top law enforcement seats in Montana and North Carolina. State legislatures can accelerate or delay climate progress, as the new Democratic majorities in Virginia have shown. Here, races to watch include Pennsylvania, North Carolina, and Colorado.</p><h4>THE CLIMATE POLICY MAKERS</h4><p>Perhaps the most powerful, and most overlooked, climate policy makers are public utility commissions. They control whether pipelines and other energy infrastructure gets built; they regulate whether electric utilities expand solar and energy efficiency or stick with the carbon-heavy status quo. Regulatory capture and outright corruption are not uncommon.</p><p>A prime example is Arizona, where a former two-term commissioner known as the godfather of solar in the state is seeking a comeback. Bill Mundell argues that since Arizona law permits utilities to contribute to commissioners' electoral campaigns, the companies can buy their own regulators. Which may explain why super-sunny Arizona has so little installed solar capacity.</p><p>In South Dakota, Remi Bald Eagle, a Native American U.S. Army veteran, seeks a seat on the South Dakota Public Utilities Commission, which rules on the Standing Rock oil pipeline. And in what <em>HuffPost</em> called "the most important environmental race in the country," Democrat Chrysta Castaneda, who favors phasing out oil production, is running for the Texas Railroad Commission, which despite its name decides what oil, gas, and electric companies in America's leading petro-state can build.</p>
Will the Influencers Usher in a Green New Era?<h4>THE UNCOUNTED</h4><p>The story that goes largely under-reported in every U.S. election is how few Americans vote. In 2016, some 90 million, <a href="https://www.pewresearch.org/politics/2018/08/09/an-examination-of-the-2016-electorate-based-on-validated-voters/" target="_blank" rel="noopener noreferrer">roughly four out of every 10 eligible voters</a>, did not cast a ballot. Attorney Nathaniel Stinnett claims that 10 million of these nonvoters nevertheless identify as environmentalists: They support green policies, even donate to activist groups; they just don't vote. Stinnett's <a href="https://www.environmentalvoter.org/" target="_blank" rel="noopener noreferrer">Environmental Voter Project</a> works to awaken this sleeping giant.</p><h4>THE SUNRISE MOVEMENT</h4><p>Meanwhile, the young climate activists of the <a href="http://www.sunrisemovement.org/" target="_blank" rel="noopener noreferrer">Sunrise Movement</a> are already winning elections with an unabashedly Green New Deal message. More than any other group, Sunrise pushed the Green New Deal into the national political conversation, helping Representative Alexandria Ocasio-Cortez and Senator Ed Markey draft the eponymous congressional resolution. In 2020, Sunrise has helped Green New Deal champions defeat centrists in Democratic primaries, with Markey dealing Representative Joe Kennedy Jr. the first defeat a Kennedy has ever suffered in a Massachusetts election. But can Sunrise also be successful against Republicans in the general elections this fall?</p><h4>THE STARPOWER</h4><p>And an intriguing wild card: celebrity firepower, grassroots activism, and big-bucks marketing have converged behind a campaign to get Latina mothers to vote climate in 2020. Latinos have long been the U.S. demographic most concerned about climate change. Now, <a href="https://votelikeamadre.com/" target="_blank" rel="noopener noreferrer">Vote Like A Madre</a> aims to get 5 million Latina mothers in Florida, Texas, and Arizona to the polls. Jennifer Lopez, Salma Hayak, and Lin-Manuel Miranda are urging mothers to make a "pinky promise" to vote for their kids' climate future in November. Turning out even a quarter of those 5 million voters, though no easy task, could swing the results in three states Trump must win to remain president, which brings us back to the first category, "Will the White House Turn Green?"</p>
- Climate Activists Prepare for November Election - EcoWatch ›
- The Next Election Is About the Next 10,000 Years - EcoWatch ›
- Latino Voters Worried About Climate Change Could Swing 2020 ... ›
- Climate Crisis Could Change Permafrost Soil Microbes, With ... ›
- Zombie Fires Could Be Awakening in the Arctic - EcoWatch ›
- The Arctic Is on Fire and Warming Twice as Fast as the Rest of the ... ›
By Tony Carnie
South Africa is home to around 1,300 of the world's roughly 7,100 remaining cheetahs. It's also the only country in the world with significant cheetah population growth, thanks largely to a nongovernmental conservation project that depends on careful and intensive human management of small, fenced-in cheetah populations. Because most of the reserves are privately funded and properly fenced, the animals benefit from higher levels of security than in the increasingly thinly funded state reserves.
Vincent van der Merwe at a cheetah translocation. Endangered Wildlife Trust
Under Pressure<p>Cheetah populations elsewhere in Southern Africa have not prospered over the past 50 years. In Zimbabwe, cheetah numbers have crashed from 1,500 in 1975, to just 170 today. Botswana's cheetah population has held steady at around 1,500 over the same period, but illegal capture for captive breeding and conflicts with farmers and the growing human population are increasing. In Namibia, there were an estimated 3,000 cheetah in in 1975; roughly 1,400 remain today.</p><p>In contrast, South Africa's cheetah numbers have grown from about 500 in 1975 to nearly 1,300 today. Van der Merwe, who is also a Ph.D. student at the University of Cape Town's Institute for Communities and Wildlife in Africa (iCWild), says he's confident that South Africa will soon overtake Namibia and Botswana, largely because the majority of South African cheetahs are protected and managed behind fences, whereas most of the animals in the neighboring countries remain more vulnerable on mainly unfenced lands.</p><p>Wildlife researchers Florian Weise and colleagues have reported that private stock owners in Namibia still trap cheetahs mainly for translocation, but there are few public or private reserves large enough to contain them. Weise says that conservation efforts need to focus on improving tolerance toward cheetahs in commercial livestock and game farming areas to reduce indiscriminate trapping.</p><p>Van der Merwe says fences can be both a blessing and a curse. While these barriers prevent cheetahs and other wild animals from migrating naturally to breed and feed, they also protect cheetahs from the growing tide of threats from humanity and agriculture.</p><p>To simulate natural dispersion patterns that guard against inbreeding, the trust helps landowners swap their animals with other cheetah reserves elsewhere in the country. The South African metapopulation project has been so successful in boosting numbers that the trust is having to look beyond national boundaries to secure new translocation areas in Malawi, Zambia and Mozambique.</p><p>Cheetah translocations have been going on in South Africa since the mid-1960s, when the first unsuccessful attempts were made to move scores of these animals from Namibia. These relocations were mostly unsuccessful.</p>
Charli de Vos uses a VHF antenna to locate cheetahs in Phinda Game Reserve. Tony Carnie for Mongabay
Swinging for the Fences<p>But other wildlife conservation leaders have a different perspective on cheetah conservation strategy.</p><p>Gus Mills, a senior carnivore researcher retired in 2006 from SANParks, the agency that manages South Africa's national parks, after a career of more than 30 years in Kalahari and Kruger national parks. He says the focus should be on quality of living spaces rather than the quantity of cheetahs.</p><p>Mills, who was the founder of the Endangered Wildlife Trust's Carnivore Conservation Group in 1995, and who also spent six years after retirement studying cheetahs in the Kalahari, says it's more important to properly protect and, where possible, expand the size of existing protected areas.</p><p>He also advocates a triage approach to cheetah conservation, in which scarce funds and resources are focused on protecting cheetahs in formally protected areas, rather than diluting scarce resources in an attempt to try and save every single remaining cheetah population.</p><p>"People have an obsession with numbers. But I believe that it is more important to protect large landscape and habitats properly," Mills said.</p><p>He suggests that cheetahs enclosed within small reserves live in artificial conditions: "It's almost like glorified farming."</p><p>"In the long run we have to focus on consolidating formally protected areas," he added. "Africa's human population will double by 2050, so cheetah populations in unfenced areas will become unsustainable if they are eating people's livestock."</p>
Scientists are on the brink of scaling up an enzyme that devours plastic. In the latest breakthrough, the enzyme degraded plastic bottles six times faster than previous research achieved, as The Guardian reported.
- Mutant Enzyme Recycles Plastic in Hours, Could Revolutionize ... ›
- Scientists Find Bacteria That Eats Plastic - EcoWatch ›
- Plastics: The History of an Ecological Crisis - EcoWatch ›
- Scientists Accidentally Develop 'Mutant' Enzyme That Eats Plastic ... ›