Federal Judge: Pipelines Must Not Cross Streams Without Considering Endangered Species
Montana U.S. District Judge Brian Morris affirmed that the U.S. Army Corps of Engineers cannot use a blanket water-crossing permit to approve new oil and gas pipelines without considering their impacts on endangered species.
"The court rightly ruled that the Trump administration can't continue to ignore the catastrophic effects of fossil fuel pipelines like Keystone XL," Center for Biological Diversity (CBD) senior attorney Jared Margolis said in a press release. "Constructing pipelines through rivers, streams and wetlands without analyzing the impacts on imperiled species is unconscionable. We'll continue to fight to protect vulnerable species, our waters and the climate from this kind of reckless development."
“The court rightly ruled that the Trump administration can’t continue to ignore the catastrophic effects of fossil… https://t.co/c8Ih1Fn0qs— Center for Bio Div (@Center for Bio Div)1589242886.0
At stake is a permit called Nationwide Permit 12, which the Army Corps uses to fast-track approvals for construction across waterways, The Associated Press explained.
Morris ruled in April that the Army Corps did not consult with the Fish and Wildlife Service as to how these crossings would impact endangered species when it renewed the permit in 2017, Reuters reported.
Morris' April ruling was in response to a lawsuit brought by environmental groups focusing on the approval process for the Keystone XL pipeline specifically. However, the ruling blocked the use of Nationwide Permit 12 for all projects, CBD explained.
Utility groups and the government asked Morris to alter his ruling, arguing that it interfered with thousands of construction projects, according to The Associated Press. In response, Morris said that the permit could be used for electrical lines or pipeline repairs, but not the construction of new oil and gas pipelines.
"To allow the Corps to continue to authorize new oil and gas pipeline construction could seriously injure protected species and critical habitat," Morris wrote, according to The Associated Press.
The ruling does not actually block construction work on Keystone XL or other pipelines, but it is another setback for the long-delayed project, since it now cannot build across streams without further environmental review.
The Keystone XL pipeline would carry around 830,000 barrels of oil a day along 1,200 miles from the tar sands of Alberta, Canada to Nebraska, where it would connect with pipelines traveling to refineries along the U.S. Gulf Coast. It was first blocked by President Barack Obama over fears it would contribute to the climate crisis, but President Donald Trump resuscitated it in 2017.
Pipeline owner TC Energy said it would "promptly" appeal the ruling, according to Reuters.
Other members of the fossil fuel industry also plan to appeal.
"Arbitrarily singling out certain new projects only prolongs the highly disruptive nature of this order," Amy Conway of the Interstate Natural Gas Association of America told The Associated Press.
But environmental advocates thought the law was on Morris' side.
"Our courts have shown time and time again that the law matters," Natural Resources Defense Council (NRDC) attorney Cecilia Segal said in the CBD Press release. "Today's ruling makes clear that climate-busting pipelines like Keystone XL cannot be built until the federal government does its job and properly analyzes these projects' devastating effects on their surrounding communities and wildlife. If that analysis is based on science and facts, pipelines like Keystone XL will never see the light of day because they remain, and always will be, a dire threat to our water, wildlife and climate."
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Climate Explained is a collaboration between The Conversation, Stuff and the New Zealand Science Media Centre to answer your questions about climate change.
If you have a question you'd like an expert to answer, please send it to email@example.com
What was the climate and sea level like at times in Earth’s history when carbon dioxide in the atmosphere was at 400ppm?<p>The last time global carbon dioxide levels were consistently at or above 400 parts per million (ppm) was around <a href="https://www.nature.com/articles/nature14145" target="_blank">four million years ago</a> during a geological period known as the <a href="http://www.geologypage.com/2014/05/pliocene-epoch.html" target="_blank">Pliocene Era</a> (between 5.3 million and 2.6 million years ago). The world was about 3℃ warmer and sea levels were higher than today.</p><p>We know how much carbon dioxide the atmosphere contained in the past by studying ice cores from Greenland and Antarctica. As compacted snow gradually changes to ice, it traps air in bubbles that contain <a href="https://www.cambridge.org/core/journals/annals-of-glaciology/article/enclosure-of-air-during-metamorphosis-of-dry-firn-to-ice/09D9C60A8DA412D16645E6E6ABC1892F" target="_blank">samples of the atmosphere at the time</a>. We can sample ice cores to reconstruct past concentrations of carbon dioxide, but this record only takes us back about a million years.</p><p>Beyond a million years, we don't have any direct measurements of the composition of ancient atmospheres, but we can use several methods to estimate past levels of carbon dioxide. One method uses the relationship between plant pores, known as stomata, that regulate gas exchange in and out of the plant. The density of these stomata is <a href="https://journals.sagepub.com/doi/abs/10.1177/095968369200200109" target="_blank">related to atmospheric carbon dioxide</a>, and fossil plants are a good indicator of concentrations in the past.</p><p>Another technique is to examine sediment cores from the ocean floor. The sediments build up year after year as the bodies and shells of dead plankton and other organisms rain down on the seafloor. We can use isotopes (chemically identical atoms that differ only in atomic weight) of boron taken from the shells of the dead plankton to reconstruct changes in the acidity of seawater. From this we can work out the level of carbon dioxide in the ocean.</p><p>The data from four-million-year-old sediments suggest that <a href="https://agupubs.onlinelibrary.wiley.com/doi/full/10.1029/2010PA002055" target="_blank">carbon dioxide was at 400ppm back then</a>.</p>
Sea Levels and Changes in Antarctica<p>During colder periods in Earth's history, ice caps and glaciers grow and sea levels drop. In the recent geological past, during the most recent ice age about 20,000 years ago, sea levels were at least <a href="https://science.sciencemag.org/content/292/5517/679.abstract" target="_blank">120 meters lower</a> than they are today.</p><p><span></span>Sea-level changes are calculated from changes in isotopes of oxygen in the shells of marine organisms. For the Pliocene Era, <a href="https://agupubs.onlinelibrary.wiley.com/doi/full/10.1029/2004PA001071" target="_blank">research</a> shows the sea-level change between cooler and warmer periods was around 30-40 meters and sea level was higher than today. Also during the Pliocene, we know the West Antarctic Ice Sheet was <a href="https://www.nature.com/articles/nature07867" target="_blank">significantly smaller</a> and global average temperatures were about 3℃ warmer than today. Summer temperatures in high northern latitudes were up to 14℃ warmer.</p><p>This may seem like a lot but modern observations show strong <a href="https://journals.ametsoc.org/jcli/article/23/14/3888/32547" target="_blank">polar amplification</a> of warming: a 1℃ increase at the equator may raise temperatures at the poles by 6-7℃. It is one of the reasons why Arctic sea ice is disappearing.</p>
Impacts in New Zealand and Australia<p>In the Australian region, there was no Great Barrier Reef, but there may have been <a href="https://link.springer.com/content/pdf/10.1007/BF02537376.pdf" target="_blank">smaller reefs along the northeast coast of Australia</a>. For New Zealand, the partial melting of the West Antarctic Ice Sheet is probably the most critical point.</p><p>One of the key features of New Zealand's current climate is that Antarctica is cut off from global circulation during the winter because of the big <a href="https://www.tandfonline.com/doi/abs/10.3402/tellusa.v54i5.12161" target="_blank">temperature contrast</a> between Antarctica and the Southern Ocean. When it comes back into circulation in springtime, New Zealand gets strong storms. Stormier winters and significantly warmer summers were likely in the mid-Pliocene because of a weaker polar vortex and a warmer Antarctica.</p><p>It will take more than a few years or decades of carbon dioxide concentrations at 400ppm to trigger a significant shrinking of the West Antarctic Ice Sheet. But recent studies show that <a href="http://nora.nerc.ac.uk/id/eprint/521027/" target="_blank">West Antarctica is already melting</a>.</p><p>Sea-level rise from a partial melting of West Antarctica could easily exceed a meter or more by 2100. In fact, if the whole of the West Antarctic melted it could <a href="http://citeseerx.ist.psu.edu/viewdoc/download?doi=10.1.1.695.7239&rep=rep1&type=pdf" target="_blank">raise sea levels by about 3.5 meters</a>. Even smaller increases raise the risk of <a href="https://www.pce.parliament.nz/publications/preparing-new-zealand-for-rising-seas-certainty-and-uncertainty" target="_blank">flooding in low-lying cities</a> including Auckland, Christchurch and Wellington.</p>
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By Jo Harper
Investment in U.S. offshore wind projects are set to hit $78 billion (€69 billion) this decade, in contrast with an estimated $82 billion for U.S. offshore oil and gasoline projects, Wood Mackenzie data shows. This would be a remarkable feat only four years after the first offshore wind plant — the 30 megawatt (MW) Block Island Wind Farm off the coast of Rhode Island — started operating in U.S. waters.
Corporates Shift<p>Helping to drive offshore growth, U.S. corporate buyers <a href="https://www.dw.com/en/cities-leading-the-transition-to-renewables/a-42850621" target="_blank">are increasingly relying on wind energy to power their businesses</a>. Walmart and AT&T are the two top corporate wind buyers, while 14 newcomers entered the wind market in 2019, including Estée Lauder and McDonald's.</p><p>"Oil and gas companies have jumped into the U.S. offshore wind market, where they can transfer expertise in offshore fossil fuel development to clean energy investments," says Max Cohen, principal analyst, Americas Power & Renewable research at Wood Mackenzie. Many international oil and gas companies have already recognized this huge potential and entered the US offshore wind market, including Orsted, Equinor and Shell.</p><p>"Given the recent tumult in oil prices, fossil fuel companies may more and more be looking to diversify their portfolios, particularly with assets that are contracted or offer returns uncorrelated with oil and gas," Cohen says. "Offshore wind is an area where they may have a comparative advantage, and they can then leverage the experience with that technology to make the leap to onshore wind, solar, and other renewable technologies," he says.</p>
East Coast leads the way<p>"There is enormous opportunity, especially off the East Coast, for wind. I am very bullish," said former Interior Secretary Ryan Zinke. "Market excitement is moving towards offshore wind. I haven't seen this kind of enthusiasm from industry since the Bakken shale boom," he said.</p><p>Offshore wind initiatives require excessive upfront spending: a 250 MW venture costs about $1 billion, based on International Energy Agency data, but as costs fall the tipping point after which costs fall faster gets nearer</p><p>"The opportunity has been created by Northeastern states seeing the large price declines for offshore wind in Europe," says Cohen. Onshore wind is historically the lowest cost renewable resource, but is at its most expensive in the Northeast, he adds. "But costs are falling slower than for other technologies," he says.</p>
Jobs and Coastal Revitalization<p>U.S. wind energy now supports 120,000 US jobs and 530 domestic factories. A study by the University of Delaware predicted that the supply chain needed to build offshore turbines to feed power to seven East Coast states by 2030 would generate nearly $70 billion in economic activity and at least 40,000 full-time jobs. An American Wind Energy Association's (AWEA's) March 2020 report estimated that developing 30,000 MW of offshore wind along the East Coast could support up to 83,000 jobs and $25 billion in annual economic output by 2030.</p><p>Having said that, not all of the jobs are American jobs. The offshore wind developers with commercial leases in the US are all foreign companies. There is growing interest from the shipbuilding sector in the Gulf of Mexico in partnering with offshore wind companies to provide services. As a result, some of the US oil trade associations have submitted comments supporting certain aspects of offshore wind. "However, it is unclear to what extent offshore wind developers plan to use US vessels and crew, and the existing projects did not incorporate US vessels or labor at all," Hawkins says.</p>
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