South Portland, Maine Wins Critical Fight vs. Big Oil
The city of South Portland, Maine has won an important victory in a three-year legal battle to stop a pipeline company from offloading tar sands crude oil on its waterfront, after a judge ruled Friday that the city's ordinance against the activity was constitutional, The Portland Press Herald reported.
Portland Pipe Line Corp. had wanted to reverse the flow of its pipeline from South Portland to Montreal as demand for foreign crude fell and Canadian tar sands production took off, but the city council blocked that move with a "Clear Skies" ordinance in 2014.
"Faced with the prospect of hundreds of thousands of barrels of crude oil being loaded onto marine tank vessels in the city and threatening the health of the residents and preventing redevelopment of the waterfront, the City Council prohibited this new activity," South Portland Mayor Linda Cohen said in a statement reported by The Portland Press Herald. "We are pleased that the court upheld the ordinance."
Portland Pipe Line Corp. had argued the ordinance was unconstitutional, saying it violated the Dormant Commerce and Foreign Commerce clauses of the Constitution that give Congress the power to regulate international and interstate trade, but U.S. District Court Judge John A. Woodcock Jr. ruled that was not the case.
The company could still decide to appeal the ruling, but environmental law experts think the case could serve as a model for other communities standing up to big oil.
"For other communities looking at opposing fossil fuel infrastructure, this case is a blueprint for how you should do it," Vermont Law School environmental law professor Patrick Parenteau told Inside Climate News. "It's a strong opinion, and it could result in a really significant precedent for local control on petroleum-based industries."
South Portland was in part able to pass the ordinance because Maine has a "home rule authority" that allows municipalities to go beyond state law to protect their communities' health and well-being.
Fellow Vermont Law School professor Ken Rumelt told Inside Climate News that the ruling was "a powerful tool" for other communities. "It says that a community, assuming there is no state law preempting what they're trying to do, can say no, we don't want to suffer these impacts," he said.
Friday's decision came after a four-day trial in June, in which the company argued that there were almost no new foreign deliveries to the port and that their survival as a business depended on reversing the pipeline.
The city council, meanwhile, partly passed the ordinance because the company's pipeline-reversal plan included two 70-foot-high smokestacks near a waterfront park that would have emitted pollutants while burning compounds off of the crude before loading it into tankers.
Supporters of the ordinance also said that tar sands oil was more dangerous to load onto tankers and move through pipelines, and more difficult to clean up in the case of an oil spill, The Portland Press Herald reported.
Environmental Groups Vow to Block Tar Sands Oil Project: 'We Are Going to Not Allow Kinder Morgan to Finish This Pi… https://t.co/5Wy9wUQe81— EcoWatch (@EcoWatch)1526987409.0
EcoWatch Daily Newsletter
By Jessica Corbett
With temperatures across the globe — and particularly in the Arctic — rising due to lackluster efforts to address the human-caused climate crisis, one of the coldest towns on Earth is throwing its hat in the ring to host the 2032 Summer Olympics.
- Winter Sports Enthusiasts Call for Action on Climate Change ›
- Rising Temperatures Imperil Winter Sports Industry ›
A tornado tore through a city north of Birmingham, Alabama, Monday night, killing one person and injuring at least 30.
- Tornadoes and Climate Change: What Does the Science Say ... ›
- Tornadoes Hit Unusually Wide Swaths of U.S., Alarming Climate ... ›
- 23 Dead as Tornado Pummels Lee County, AL in Further Sign ... ›
By David Konisky
On his first day in office President Joe Biden started signing executive orders to reverse Trump administration policies. One sweeping directive calls for stronger action to protect public health and the environment and hold polluters accountable, including those who "disproportionately harm communities of color and low-income communities."
Michael S. Regan, President Biden's nominee to lead the U.S. Environmental Protection Agency, grew up near a coal-burning power plant in North Carolina and has pledged to "enact an environmental justice framework that empowers people in all communities." NCDEQ
- Report Urges Biden to Reverse Trump's Environmental Rollbacks ›
- US Environmental Protection Agency (EPA) ›
- Biden's EPA Pick Michael Regan Urged to Address Environmental ... ›
- Biden Faces Pressure to Tackle 'Unfunded' Toxic Waste Sites ... ›
By Katherine Kornei
Clear-cutting a forest is relatively easy—just pick a tree and start chopping. But there are benefits to more sophisticated forest management. One technique—which involves repeatedly harvesting smaller trees every 30 or so years but leaving an upper story of larger trees for longer periods (60, 90, or 120 years)—ensures a steady supply of both firewood and construction timber.