Inside the Trump Admin's Fight to Keep the Keystone XL Approval Process Secret
By Steve Horn
At a Feb. 21 hearing, a U.S. District Court judge ruled that the Trump administration must either fork over documents showing how the U.S. Department of State reversed an earlier decision and ultimately came to approve the Keystone XL pipeline, or else provide a substantial legal reason for continuing to withhold them. The federal government has an order to deliver the goods, one way or the other, by March 21.
DeSmog has reviewed the court evidence from the environmental groups bringing the case, records which help illuminate their argument that the government is, in fact, withholding such documents. The judge will decide if those documents, legally, should be made public.
The case, which began in March 2017, pits the Indigenous Environmental Network and the North Coast River Alliance against the State Department, U.S. Fish and Wildlife Service, the U.S. Department of interior and TransCanada, the owner of Keystone XL. During his first week in office, Donald Trump signed a memorandum calling for the State Department to perform an expedited 60-day permit review of the pipeline. Two months later, the State Department gave Keystone XL the permit it needed to cross the U.S.-Canada border.
Under the Obama administration, the Keystone XL pipeline, which would carry oil from Alberta's tar sands, underwent a years-long environmental review process which culminated in President Barack Obama nixing it in November 2015. For the better part of the past decade, the pipeline has served as a central mobilizing force for the environmental movement.
Dispute Over Records
At the center of this case is a dispute over the administrative records of federal agencies, which in other lawsuits are routinely made public as part of the pre-trial process.
Generally, releasing such documents gives a snapshot of the full deliberative process behind federal agencies' decisions. DeSmog, in fact, published a story on such documents in 2015 related to a different tar sands pipeline project, which involved Enbridge's Alberta Clipper (also known as Line 67), part of a broader pipeline system DeSmog calls the "Keystone XLClone."
In the TransCanada case, the State Department has argued for keeping these pre-trial records sealed while the plaintiffs, the environmental groups, have argued they should be made public. These documents, which might include emails and memos, would offer the plaintiffs and the general public an idea of how the Trump administration decided to approve the Keystone XL.
The plaintiffs say that not all of those records have been turned over.
"Federal Defendants have wrongly omitted an unknown number of emails and other internal communications considered by the agencies during their review of the Keystone XL pipeline," the plaintiffs in the case argued in court documents on Jan. 8.
In an affidavit exhibited as part of that filing, Cecilia Segal, an attorney for one of the plaintiffs, cited a Dec. 19 phone call she had with the federal defendants, in which they said that agency emails and other records do not need to be disclosed as part of the case.
Another letter exhibited as part of the Jan. 8 filing, written on Nov. 30 by attorneys for the Center for Biological Diversity, further complained that the documents already handed over were not adequately comprehensive or organized in a manner useful for the case. And many documents, they allege, seem to be missing entirely and without explanation.
"We are concerned that both the State Department and Service have withheld records as privileged without identifying and certifying them on a privilege log," wrote the attorneys.
"The State Department Administrative Record includes very few emails and inter-agency communications, even though such materials are typically included in administrative records that are compiled for litigation by federal agencies. Yet the State Department has provided no descriptions of these records, or even acknowledged the existence of these and other records that have been withheld in their entirety, let alone provided a log with basic details about what these records are, who generated them, and why the State Department is evidently hoping to shield them from judicial review."
A privilege log is a document, submitted to a judge and made part of the court record, which details both the nature of documents pertinent to a case and a legal rationale for keeping them out of the public court record.
"Because they have refused to provide a privilege log, it is impossible for Plaintiffs and the Court to determine how extensive the withholdings are and whether they are appropriate," wrote the plaintiffs in their Jan. 8 filing. "Accordingly, the Court should order Federal Defendants to produce a privilege log that adequately describes the withheld materials, identifies the basis for their withholding, and substantiates any claimed privileges."
The State Department and TransCanada, for their part, have come to a different legal conclusion, saying that the documents in question are "deliberative" in nature and not part of any official administrative process. They argue that the plaintiffs are attempting to turn the administrative records into a Freedom of Information Act request, positing that pre-decisional documents should not be included among those disclosed in the case.
"The bare fact that predecisional, deliberative materials were generated during the decisionmaking processes, does not transform those materials into documents that were before the decisionmaker in any relevant sense and therefore part of the administrative record, any more than documents reflecting a trial court's predecisional deliberations, such as bench memos, other communications between judges and their staff, and drafts of decisions, are part of the trial record," wrote Department of Justice attorneys in a Jan. 22 court filing.
They also argued in that filing that the plaintiffs are on a "fishing expedition" styled as a mission to "complete the record." Ultimately, it will be for Judge Brian Morris to decide which argument has more merit in the coming months.
'Smoke and Mirrors'
At least one group believes the entire premise of the dispute amounts to a cause for celebration. The climate advocacy organization 350.org—which has long led the movement opposing Keystone XL—says it believes this development is a sign the pipeline may never be built. Along those lines, it showed excitement over the judge's decision in a press release:
"The Trump administration's approval of the Keystone XL pipeline has been nothing but smoke and mirrors," said 350.org Executive Director May Boeve. "The truth is undeniable. Every shred of scientific evidence shows this pipeline is a threat to our climate, and to the lands, waters, and lives in its path."
Reposted with permission from our media associate DeSmogBlog.
EcoWatch Daily Newsletter
By Zahida Sherman
Cooking has always intimidated me. As a child, I would anxiously peer into the kitchen as my mother prepared Christmas dinner for our family.
Falling in Love With Food All Over Again<p>Slowly, through my most intimate relationships with friends and partners, I began to see the beauty — and rewards — of cooking.</p><p>I got tired of giving in to defeat and always bringing chips or paper products to social gatherings. I started asking my mom to send me her Christmas and Thanksgiving recipes. I even volunteered to host Thanksgiving dinner at my place.</p><p>Each time I heard my loved ones sing the praises of the foods I prepared for them, I felt a tinge more confident that I could carry out our traditions my way.</p><p>In reaching out to other relatives for their favorite recipes, I learned that they had a little help of their own. They didn't rely solely on their ancestral cooking instincts. They turned to Black chefs for guidance.</p><p>These 7 cookbooks by Black chefs have inspired my family and fed us in nutrients, joy, and spiritual sustenance. They're also helping me overcome my personal fears of cooking.</p>
Get CookingWhether you're in recovery from cooking fears like me, or are just looking to expand your culinary confidence with dishes honoring Black heritage, these Black chefs are here to support you on your journey.Turn on some music, give yourself permission to make mistakes, and throw down for yourself or your loved ones. Glorious flavors await you.
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By Tara Lohan
The conclusion to decades of work to remove a dam on the Middle Fork Nooksack River east of Bellingham, Washington began with a bang yesterday as crews breached the dam with a carefully planned detonation. This explosive denouement is also a beginning.
The History<p>The Middle Fork Nooksack drains glacier-fed headwater streams that run off the icy summit of 10,778-foot Mt. Baker. The Middle Fork joins the North Fork and then the mainstem of the Nooksack River, which travels to Bellingham Bay and Puget Sound. The entire Nooksack watershed stretches 830 square miles across Washington and into British Columbia.</p>
A Plan Comes Together<p>The Middle Fork dam is not a pool dam built for water storage. Much of the time, water flows over the top until dam operators drop a floodgate to divert water to new locations. That water travels about 14 miles through tunnel and pipeline to Mirror Lake, then Anderson Creek, and to Lake Whatcom before finally being delivered to residents' taps.</p><p>Before removing the dam, engineers had to move the water intake 700 feet upstream and situate it at an elevation that still enabled city water withdrawals throughout the year, regardless of flow conditions.</p><p>They also needed to make sure that the rushing water didn't sweep up fish and accidentally send them through the water-supply system.</p><p>"The solution required a fairly complex design in the intake structure, including a fish exit pipe out of that structure to put fish back into the river in a way that meets current environmental permit standards," explains LaCroix.</p>
Project layout for the removal of the Middle Fork Nooksack diversion dam and rebuilding of water intake. City of Bellingham<p>Despite the cost and the work, she says, being able to continue to meet their municipal water obligations while opening up habitat for threatened species has been a win-win.</p><p>"I think there's a lot of benefits to having a dam removal versus fish passage — the main one being that you get a free-flowing river that can be a dynamic ecosystem and change over time," she says. "A static fish ladder just can't provide that same level of ecosystem benefit."</p>
Restoration Success<p>Despite local authorities' championing dam removal on the Middle Fork, the project has largely flown under the radar, overshadowed in the Pacific Northwest by heated discussions about a much larger potential project — removing <a href="https://www.seattletimes.com/seattle-news/feds-reject-removal-of-4-snake-river-dams-in-key-report/" target="_blank">four federal hydroelectric dams on the lower Snake River</a>, a major tributary of the Columbia River.</p><p>Proponents of dam removal there see it as the best chance for recovering threatened salmon populations, including Chinook, which could help starving Southern Resident killer whales. Those dams also provide irrigation water, barge navigation and hydropower, so there's been more pushback against removal efforts.</p><p>Previous dam removals around the country, however, have proved successful at aiding fish recovery and river restoration.</p><p>Most notably the 1999 demolition of <a href="https://therevelator.org/edwards-dam-removal/" target="_blank">Edwards Dam on Maine's Kennebec River</a> restored the annual run of alewives, a type of herring essential to the food web. The fish run has gone from zero to 5 million in the two decades since dam removal. Blueback herring, striped bass, sturgeon and shad have also extended their reach. And the resurgence has brought back osprey, bald eagles and other wildlife, too.</p><p>The overwhelming success of river restoration on the Kennebec helped to spur a nationwide dam removal movement that's now seen 1,200 dams come down since 1999. Last year a record <a href="https://www.americanrivers.org/conservation-resource/a-record-26-states-removed-dams-in-2019/" target="_blank">90 dams</a> were removed in 26 states, including <a href="https://therevelator.org/cleveland-forest-dam-removal/" target="_blank">20 dams in California's Cleveland National Forest</a>.</p>
Spider excavators remove on dam on San Juan Creek in California's Cleveland National Forest. Julie Donnell, USFS<p>The results have been seen in the Pacific Northwest, as well, which boasts the largest dam removal thus far in the country. In 2011 and 2014, the demolition of <a href="https://therevelator.org/elwha-dam-removal/" target="_blank">two dams</a> on Elwha River, which runs through Washington's Olympic National Park, opened up 70 miles of habitat that had been blocked for a century. Scientists have started seeing all five species of salmon native to the river coming back, particularly Chinook and coho. Bull trout, they've observed, have increased in size since the dams were removal.</p>
Benefits on the Middle Fork Nooksack<p>McEwan hopes to see a similar outcome on the Middle Fork.</p><p>Like the Elwha the Middle Fork Nooksack is a relatively pristine river with little development, and dam removal is expected to provide a big boost to fish. The additional miles of spawning habitat are important, but so is the temperature of that water.</p><p>The dam removal will open access to cold upstream waters, which are ideal for salmon and getting harder to come by as climate change warms waters and reduces mountain runoff.</p><p>"This is really great for the climate change resiliency for these species," says McEwan.</p><p>Steelhead will get back 45% of their historic habitat in the river, and scientists expect Chinook populations to increase in abundance by 31%.</p><p>That <em>could</em> help Southern Resident killer whales.</p><p>"When you get to the ocean, it's a little bit of a black box in terms of what you can model and say definitively is going to help, but more fish is better for orcas," McEwan says.</p><p>Upstream habitat will see benefits, too.</p><p>Oceangoing fish like salmon enrich their bodies with carbon and nitrogen while at sea. When they return to their natal rivers to spawn and die, the marine-derived nutrients they carry back upriver become important food and fertilizer for both riverine and terrestrial ecosystems — aiding everything from trees to birds to bears.</p><p>"Once the fish start making their way back, it will start changing the whole ecological system," says Delgado.</p><p><span></span>But any ecological benefit from salmon restoration, either in the ocean or the upper watershed, won't be immediate.<br></p><p>"The population of salmon on the Middle Fork is so low that we expect it's going to take quite a while to rebound," she says. "But the big picture is that what's good for salmon is good for the region — our history and our destiny are intricately intertwined."</p><p>After decades of work, that process of restoration has finally begun.</p>
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By Katie Howell
A new tool called The Food Systems Dashboard aims to save decision makers time and energy by painting a complete picture of a country's food system. Created by the Johns Hopkins' Alliance for a Healthier World, the Global Alliance for Improved Nutrition (GAIN), and the U.N. Food and Agriculture Organization (FAO), the Dashboard compiles food systems data from over 35 sources and offers it as a public good.
By Manuela Callari
It can grow to a maximum of six inches (16 centimeters), change color depending on mood and habitat, and, like all seahorses, the White's seahorse male gestates its young. But this tiny snouted fish is under threat.
Building an Ocean Seahorse Destination<p>Seahorses are found in tropical and temperate coastal water worldwide, but are most abundant around Australia, China and the Philippines. </p><p>Trade in the tiny creatures is strictly regulated because of their use in traditional medicine, aquariums and their sale as dried curios. But because they are poor swimmers and cannot easily move elsewhere, habitat loss is a particular threat for these curious animals. </p><p>Seahorses wrap their tails around seagrass and corals to avoid being carried away on currents. They use the habitat to spawn and hide from predators such as crabs, while also feeding on riches of plankton and small crustaceans living in the reef.</p><p><span></span>Where corals aren't available, <a href="https://onlinelibrary.wiley.com/doi/abs/10.1002/aqc.1217" target="_blank">scientists</a> found seahorses taking up residence in fishing nets and old crab traps abandoned at the bottom of the ocean. </p>
Mixing With the Locals<p>Baby seahorse mortality is high in the wild because they are easily caught, so those bred in the protected environment of the aquarium weren't ready to be released into the wild until early May.</p><p>The team released 90 new arrivals into Sydney Harbor, placing some directly into the purpose-built hotels, and others onto a net that wild seahorses had already settled on.</p><p>Before setting them free, the researchers marked each young seahorse with a fluorescent tag with unique IDs inserted just beneath the skin to track how they get on in the different environments. </p><p>"The most exciting part was being able to put these animals into the wild and then go back a month later and still see them surviving and growing," said McCracken. </p><p>The seahorses will be old enough to mate and reproduce around October or November 2020. And researchers hope that by then, they will be able to breed with the wild population. </p>
Building a Global Seahorse Hotel Chain<p>With seahorses everywhere facing the loss of their coral reef homes, similar projects have sprung up in places like Greece and South Africa, home to the world's most endangered seahorse, the Knysna seahorse. </p><p>"The endangered South African seahorse is benefiting from something quite similar, even though it wasn't intentional," said Peter Teske, professor at the Department of Zoology, University of Johannesburg.</p><p>In the South African <a href="https://www.researchgate.net/publication/322649251_An_endangered_seahorse_selectively_chooses_an_artificial_structure" target="_blank">case</a>, seahorses have bedded down in "Reno mattresses" — wire cages filled with rocks — that were used to build a new marina. Researchers from NGO Knysna Basin Project found the structures acted as a refuge for the animals.<span></span></p><p><span></span>While Teske describes the seahorse hotels as "a positive news story" and a great way to create public awareness of conservation, he added that establishing artificial habitats in some areas will only prevent the extinction of local populations.</p><p>"For a complete recovery, it is necessary to give the natural habitat a chance to regenerate," said the seahorse expert. </p>
Underwater Mascot<p>In Australia, the researchers hope the project could provide an opportunity to raise awareness not only of the plight of the Sydney seahorses but the other animals with which it shares its ocean habitat.</p><p>The waters around Sydney and the east coast are rich in biodiversity and include several threatened species like the weedy seadragon — a relative of the seahorse — and the grey nurse shark. Like the seahorse, they're also under pressure from pollution, ocean traffic and habitat loss through storms and coastal construction. </p><p>"It's a good thing to get people's support and interest. The seahorses are a useful vehicle to get people concerned if the harbor is in trouble," said David Booth, professor of marine ecology at the University of Technology Sydney who is also working on the project. </p><p>The hotels have become an attraction for divers hoping to catch a glimpse of these small but near mythical creatures. </p><p>"Everyone loves seahorses," added Booth, "they are so popular." </p>
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