Pipeline Projects Continue to Burden Landowners During the Pandemic
By Jeremy Deaton
Pipeline giant Kinder Morgan is cutting a 400-mile line across the middle of Texas, digging up vast swaths of private land for its planned Permian Highway Pipeline. The project is ceaseless, continuing through the coronavirus pandemic. Landowner Heath Frantzen said that dozens of workers have showed up to his ranch in Fredericksburg, even as public health officials urged people to stay at home.
"There weren't wearing masks. They weren't wearing gloves. They weren't practicing social distancing," he said. Frantzen believes the workers pose a danger to him and his 85-year-old father, whom he cares for. While the laborers are confined to the pipeline's path, he worries they could spread the coronavirus by touching fence railings or gates that he might later handle.
In Texas, where the governor exempted pipeline projects from his March stay-at-home order, companies like Kinder Morgan have few checks on their power of eminent domain, which allows them to build pipelines through privately owned farms and ranches that lie in their way. Eminent domain is broadly unpopular and, when used for pipelines, legally contentious. The coronavirus adds a new wrinkle to the debate over the practice as companies like Kinder Morgan continue to work through the pandemic, vexing landowners.
"It is wild that people are being forced to accept others onto their land at this time, and if they have an issue with what's happening, they have to put themselves at risk to address workers directly," said Erin Zweiner, who represents Blanco County and Hays County in the Texas House of Representatives. "These are workers who hop all over the country, so they're pretty high-risk spreaders."
Allen Fore, vice president of public affairs at Kinder Morgan, said the company has instructed workers on how to avoid spreading the coronavirus, though, he added, it is not always possible to take every precaution.
"Once construction is underway and you're on site, there are some limitations on masks and the distance people need to be away from each other simply for safety and construction purposes," he said, "We do leave that to the discretion of the contractor specific to the tasks that they are performing."
While eminent domain does entitle landowners in the pipeline's path to compensation, it does nothing for those living nearby who may be impacted by construction. In March, Kinder Morgan reportedly spilled drilling fluid into an underground water supply in Blanco County. Teresa Albright, who lives close to the site, told KVUE that brown fluid later poured out of her faucet, making it harder to wash her hands or clean her clothes, even as the coronavirus demanded she do both.
Fore said that Kinder Morgan has supplied water and food to affected homeowners and promised to pay for plumbing repairs. He also said that the company, which is currently facing a lawsuit over the spill, has halted work at the site of the accident and is looking for alternate routes for the pipeline.Rebekah Sale, executive director of the Property Rights and Pipeline Center, emphasized that Texas isn't the only place where pipeline projects are creating headaches for landowners worried about the coronavirus.
"We have people sending us pictures from these pipeline sites all over where no one's wearing a mask," she said. "People are gathered together. In some cases, they need to bring in 'man camps' of workers to build these pipelines in communities."
Marvin Winstead of Nash County, North Carolina is battling the planned Atlantic Coast Pipeline, which would run through his farm. In March, Winstead learned the project's managers would be sending assessors from Maryland to estimate the value of his property.
"Not only did they want to be on my property, they wanted to send these assessors into the interior of my home," he said.
A spokesperson for Dominion Energy, which is leading the project, said the appraisal would have taken place before North Carolina issued its stay-at-home order at the end of March. After conferring with landowners' attorneys, however, it agreed to postpone its appraisals indefinitely. Winstead was nonetheless alarmed that Dominion had planned to send workers into his home during a pandemic.
Stacey McLaughlin of Douglas County, Oregon said the pandemic has made it more difficult to pay for a lawyer, and thus, harder to fight off Pembina, the company behind the Pacific Connector Pipeline, which would run through her property, a plot that she and her husband restored after it had been logged by the previous owners.
"I personally have lost all of my income from my work for 2020, and now we are being faced with exorbitant and extraordinary legal fees to fight for our land and against eminent domain," said McLaughlin, a consultant for local governments. "They could, at any day, pursue a court order to try to get on our property to do surveying."
Champions of the project are pressuring Oregon governor Kate Brown to greenlight the pipeline, claiming it would create thousands of jobs, helping to overcome the economic slump. But McLaughlin said that with the virus still raging, she does not want workers to come onto her land. With two parents in their eighties and a son who is a nurse at a nearby hospital, she is already feeling overwhelmed.
"We're losing sleep at night for a lot of reasons," she said. "Having to deal with this pipeline as we struggle to keep ourselves and our families safe is just inhumane."
Sale said that the Pacific Connector Pipeline is an especially egregious example of eminent domain. The legal justification for such projects comes from the Natural Gas Act of 1938, which allows for the use of eminent domain for pipelines that will serve the interests of the American public — namely to deliver gas to homes and power plants. The Pacific Connector Pipeline will primarily carry gas drilled in Canada and the Rockies to a port in Oregon so it can be shipped to Asia.
"Because the frantic oil and gas industry is trying to get the last dollars out of what seems, very clearly, to be a dying industry, they just run roughshod over property rights," Sale said.
Drillers have flooded the market with cheap fracked gas, driving down prices. As a result, gas has proven increasingly unprofitable. Companies have amassed debt. Stock prices have slumped. And the coronavirus has only accelerated these trends.
"It seems pretty hard to argue with a straight face that these projects are financially essential right now when we're seeing a reduction in production," Zweiner said. "I think a lot of folks are assuming that it will suddenly reverse one day, but I suspect we're looking at a much longer term issue."
When landowners do triumph over pipeline firms, it usually isn't by challenging the use of eminent domain. More often, it is by persuading officials to deny needed permits. On that front, landowners may have just gotten a big helping hand. A federal judge in Montana recently revoked a blanket permit allowing pipeline projects to skirt environmental review. The Trump administration is appealing the ruling, which could create major hurdles for pipeline projects.
Over the long term, lawmakers may seek to narrow the use of eminent domain. In January, House Democrats released a draft climate bill that, experts say, would effectively end the practice for pipeline projects. McLaughlin said landowners should be clamoring for such a measure.
"You have people across this country who are up in arms — and bearing arms — so they don't have to stay inside their houses and they don't have to wear a mask," McLaughlin said. "That's nothing compared to the violation of our constitutional rights as property owners."
This story originally appeared in Nexus Media and is republished here as part of Covering Climate Now, a global journalism collaboration strengthening coverage of the climate story.
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As we reach the official end of hurricane season, 2020 will be one for the record books. Looking back at these long, surprising, sometimes downright crazy past six months (seven if you count when the first named storms actually started forming), there are many noteworthy statistics and patterns that drive home the significance of this hurricane season, and the ways climate change may have contributed to it.
A summary infographic showing hurricane season probability and numbers of named storms predicted from NOAA's 2020 Atlantic Hurricane Season Outlook. NOAA
The updated 2020 Atlantic hurricane season probability and numbers of named storms. NOAA
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EcoWatch Daily Newsletter
By Dana Drugmand
An unprecedented climate lawsuit brought by six Portuguese youths is to be fast-tracked at Europe's highest court, it was announced today.
The European Court of Human Rights said the case, which accuses 33 European nations of violating the applicants' right to life by disregarding the climate emergency, would be granted priority status due to the "importance and urgency of the issues raised."
‘Protect Our Future’<p>Cláudia Agostinho (21), Catarina Mota (20), Martim Agostinho (17), Sofia Oliveira (15), André Oliveira (12) and Mariana Agostinho (8) are <a href="https://www.desmogblog.com/2020/09/03/youth-climate-lawsuit-portugal-33-european-countries" target="_blank">bringing the case</a> with nonprofit law firm Global Legal Action Network (<span style="background-color: initial;">GLAN</span>), arguing that none of the countries have sufficiently ambitious targets to cut their emissions.</p><p>Portugal recently sweltered through its <a href="https://www.ipma.pt/pt/media/noticias/news.detail.jsp?f=/pt/media/noticias/textos/resumo-clima-julho-20.html" target="_blank">hottest July in 90 years</a> and has seen a rise in devastating heatwaves and wildfires over recent years due to rising temperatures. Four of the applicants live in Leiria, one of the regions worst-hit by the forest fires that killed more than 120 people in 2017. </p><p>Responding to the development, André Oliveira, 12, said: "It gives me lots of hope to know that the judges in the European Court of Human Rights recognise the urgency of our case." </p><p>"But what I'd like the most would be for European governments to immediately do what the scientists say is necessary to protect our future. Until they do this, we will keep on fighting with more determination than ever."</p>
‘Highly Significant'<p>The decision represents a "highly significant" step, <a href="https://www.glanlaw.org/about-us" target="_blank">GLAN</a> Director Dr. Gearóid Ó Cuinn said in a <a href="https://youth4climatejustice.org/" target="_blank">press release</a>.</p><p>"This is an appropriate response from the Court given the scale and imminence of the threat these young people face from the climate emergency," he added. </p><p>By suing the 33 countries all together, the youths aim to compel these national governments to act more aggressively on climate through a single court order, which would potentially be more effective than pursuing separate lawsuits or lobbying policymakers in each country.</p><p>If successful, the defendant countries would be legally bound not only to ramp up emissions cuts, but also to tackle overseas contributions to climate change including those of their multinational enterprises.</p>
‘Major Hurdle’<p>The <a href="https://youth4climatejustice.org/the-case/" target="_blank" rel="noopener noreferrer">countries targeted</a> include all of the European Union member states as well as Norway, Russia, Switzerland, Turkey, Ukraine and the United Kingdom, none of which are currently aligned with <a href="https://www.ecowatch.com/tag/paris-agreement">Paris agreement</a> target to limit global temperature rise to well below 2 degrees C (3.6 degrees F) and pursue a limit of 1.5 degrees C (2.7 degrees F).<a href="https://climateactiontracker.org/countries/" target="_blank" rel="noopener noreferrer"> </a></p><p><a href="https://climateactiontracker.org/countries/" target="_blank" rel="noopener noreferrer">Climate Action Tracker rates</a> most of Europe as "insufficient" in terms of its emissions reduction policies based on the Paris target, while Ukraine, Turkey and Russia are assessed as "critically insufficient" – meaning they are on track for a warming of 4 degrees C or higher.</p><p>The European Union has pledged to slash its emissions by <a href="https://ec.europa.eu/clima/policies/eu-climate-action/2030_ctp_en" target="_blank" rel="noopener noreferrer">at least 55 percent by 2030</a>. But the Portuguese youth plaintiffs are calling for cuts of at least 65 percent by 2030, a level that <a href="http://www.caneurope.org/energy/climate-energy-targets" target="_blank" rel="noopener noreferrer">European climate campaigners say</a> is necessary to meet the 1.5 degrees warming limit.</p><p> The 33 countries must each respond to the youths' complaint by the end of February, before lawyers representing the plaintiffs will respond to the points of defense. </p><p>"Nothing less than a 65 percent reduction by 2030 will be enough for the EU member states to comply with their obligations to the youth-applicants and indeed countless others," Gerry Liston, legal officer with GLAN, said in a press release.</p><p>"These brave young people have cleared a major hurdle in their pursuit of a judgment which compels European governments to accelerate their climate mitigation efforts."</p><p><span></span><em>Reposted with permission from <a href="https://www.desmogblog.com/2020/11/29/court-advances-landmark-youth-climate-lawsuit-against-33-european-nations" target="_blank">DeSmog</a>. </em></p>
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By Liz Kimbrough
Six grassroots environmental activists will receive the prestigious Goldman Environmental Prize in a virtual ceremony this year. Dubbed the "Green Nobel Prize," this award is given annually to environmental heroes from each of the world's six inhabited continents.
Kristal Ambrose, the Bahamas<img lazy-loadable="true" src="https://assets.rebelmouse.io/eyJhbGciOiJIUzI1NiIsInR5cCI6IkpXVCJ9.eyJpbWFnZSI6Imh0dHBzOi8vYXNzZXRzLnJibC5tcy8yNDg0NzI3MC9vcmlnaW4uanBnIiwiZXhwaXJlc19hdCI6MTY1MDM5NTk5MX0.fdMrrUqf0HvWq0Uh0Ii3mXxJczHPyN1jcnSsQoXoerE/img.jpg?width=980" id="b9e66" class="rm-shortcode" data-rm-shortcode-id="b8b8777f7964bb7100672b3be0abf3fe" data-rm-shortcode-name="rebelmouse-image" />
Kristal Ambrose. Goldman Environmental Prize
Chibeze Ezekiel, Ghana<img lazy-loadable="true" src="https://assets.rebelmouse.io/eyJhbGciOiJIUzI1NiIsInR5cCI6IkpXVCJ9.eyJpbWFnZSI6Imh0dHBzOi8vYXNzZXRzLnJibC5tcy8yNDg0NzM2MS9vcmlnaW4uanBnIiwiZXhwaXJlc19hdCI6MTY1MTgzOTE3OX0.KoEZr3oMPKbeG2uT8q-ZsGPOGtIZ3l6V6NXEK5U90FU/img.jpg?width=980" id="65224" class="rm-shortcode" data-rm-shortcode-id="6ec640a8ba56a4db22b57e4f8734a7a4" data-rm-shortcode-name="rebelmouse-image" />
Chibeze Ezekiel. Goldman Environmental Prize
Nemonte Nenquimo, Ecuador<img lazy-loadable="true" src="https://assets.rebelmouse.io/eyJhbGciOiJIUzI1NiIsInR5cCI6IkpXVCJ9.eyJpbWFnZSI6Imh0dHBzOi8vYXNzZXRzLnJibC5tcy8yNDg0NzM2Ny9vcmlnaW4uanBnIiwiZXhwaXJlc19hdCI6MTYwNzYxODYwM30.cys5ZsFGd75UcjybADGBPFt20jrzgrsFujoj_qMTK4E/img.jpg?width=980" id="96b5a" class="rm-shortcode" data-rm-shortcode-id="0778ab7334e3297e0ead52d5fd1499e5" data-rm-shortcode-name="rebelmouse-image" />
Nemonte Nenquimo. Goldman Environmental Prize
Leydy Pech, Mexico<img lazy-loadable="true" src="https://assets.rebelmouse.io/eyJhbGciOiJIUzI1NiIsInR5cCI6IkpXVCJ9.eyJpbWFnZSI6Imh0dHBzOi8vYXNzZXRzLnJibC5tcy8yNDg0NzQwNy9vcmlnaW4uanBnIiwiZXhwaXJlc19hdCI6MTY0NzkzOTYzOH0.uHlN2FQoJJ_KFJWTn4oL__lDyjA0-HDnxewBhwgQRVg/img.jpg?width=980" id="9ab07" class="rm-shortcode" data-rm-shortcode-id="ccc347126d4ce9ddbb3b9c1b4673391b" data-rm-shortcode-name="rebelmouse-image" />
Leydy Pech. Goldman Environmental Prize
Lucie Pinson, France<img lazy-loadable="true" src="https://assets.rebelmouse.io/eyJhbGciOiJIUzI1NiIsInR5cCI6IkpXVCJ9.eyJpbWFnZSI6Imh0dHBzOi8vYXNzZXRzLnJibC5tcy8yNDg0NzQxMS9vcmlnaW4uanBnIiwiZXhwaXJlc19hdCI6MTY2NzE0NTU1NX0.OutmX3sfl4pMaoYssTQ4zk7Y14_hans7-Z-0B0xsjfM/img.jpg?width=980" id="4bcd7" class="rm-shortcode" data-rm-shortcode-id="4bff14750dc0a70fc79e9484ea2bdbd4" data-rm-shortcode-name="rebelmouse-image" />
Lucie Pinson. Goldman Environmental Prize
Paul Sein Twa, Myanmar<img lazy-loadable="true" src="https://assets.rebelmouse.io/eyJhbGciOiJIUzI1NiIsInR5cCI6IkpXVCJ9.eyJpbWFnZSI6Imh0dHBzOi8vYXNzZXRzLnJibC5tcy8yNDg0NzQxNS9vcmlnaW4uanBnIiwiZXhwaXJlc19hdCI6MTY1NDAyNjU0MH0.DHrKykngmcJyJ5rn4r91ANH7FmQ7Us6ZMEOis8yAzGY/img.jpg?width=980" id="8fa36" class="rm-shortcode" data-rm-shortcode-id="0e703d62288df00931cd678c861c6e0b" data-rm-shortcode-name="rebelmouse-image" />
Paul Sein Twa. Goldman Environmental Prize
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