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Art and Helen Tanderup with their daughter Vanessa Brand, their grandchildren Kyle and Amelia. Mary Anne Andrei / Bold Nebraska

Hear From the Bold Nebraskans Who Won't Give Up Fighting Keystone XL Pipeline

By Nicole Greenfield

When TransCanada began knocking on doors throughout Nebraska in 2008, most residents didn't know much about its Keystone XL pipeline or the dirty tar sands oil it would be transporting. The energy company was negotiating easements with local landowners in order to secure a route for its multibillion-dollar project—which would run north to south through the state, directly through the Ogallala Aquifer and across hundreds of Nebraskan rivers and streams. TransCanada threatened landowners with eminent domain if they didn't comply.

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Nebraska Landowners Tom and Cathie Genung. Mary Anne Andrei / BOLD Nebraska

Still No Approved Route for Keystone XL in Nebraska as Resistance Mounts

By Brian Palmer

"Trump administration approves Keystone XL pipeline," the headlines blared. It was March 24, only two months after he'd taken office, when it appeared that President Trump had cleared the way for the long-contested tar sands conduit with a stroke of his pen.

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Bill McKibben: Trudeau's Pipeline Push Makes Him a Disaster for the Climate

Donald Trump is so spectacularly horrible that it's hard to look away (especially now that he's discovered bombs). But precisely because everyone's staring gape-mouthed in his direction, other world leaders are able to get away with almost anything. Don't believe me? Look one nation north, at Justin Trudeau.

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Trump Sued Over Keystone XL Pipeline

Environmental groups sued the Trump administration Thursday for approving the controversial Keystone XL pipeline despite its threats to air, water, wildlife and public health. Last Friday's pipeline approval also came without any public participation.

Those failures violate the National Environmental Policy Act and are the focus of today's lawsuit, filed in U.S. District Court in Montana's Great Falls Division by the Center for Biological Diversity, Friends of the Earth, Natural Resources Defense Council and other organizations.

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Photo credit: Fossil Free Penn

With Sleeping Bags in Tow, 33 Students Begin Sit In Demanding University Divestment From Fossil Fuels

By Fossil Free Penn

At 9 a.m. today, 33 students at the University of Pennsylvania entered College Hall, sleeping bags in tow, to sit in with two demands. These demands were:

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3 Hurdles Trump Still Faces to Finalize Keystone XL Pipeline

The State Department and the White House greenlit permits to build the Keystone XL pipeline on Friday, with President Trump hailing the move as "a great day for American jobs."

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Trump Approves Keystone XL Pipeline, Groups Vow 'The Fight Is Not Over'

Nearly a decade after it first applied for a presidential permit, TransCanada is getting the green light from the Trump administration for its $8 billion Keystone XL pipeline.

POLITICO reported Thursday that the U.S. State Department's undersecretary for political affairs, Tom Shannon, will approve by Monday the cross-border permit needed for the project to proceed.

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Pipeline under construction in Alberta, Canada. Photo credit: Rblood / Flickr

3 Reasons Why Keystone XL Pipeline May Never Get Built

By James Wilt

Almost a full decade since first applying for a presidential permit, TransCanada looks set to finally receive go-ahead in the U.S. for its massive $8-billion Keystone XL pipeline.

But here's the thing: U.S. approval, while a great leap forward for TransCanada, doesn't guarantee the Keystone XL pipeline will ever be built.

New U.S. President Trump was elected with the explicit promise to get the 830,000 barrel per day pipeline from Alberta to Nebraska built, under the conditions that the U.S. would receive a "big, big chunk of the profits or even ownership rights" and it would be built with American steel; his administration has already flip-flopped on the latter pledge.

On Jan. 24, Trump signed an executive order, inviting TransCanada to reapply for a presidential permit, which the company did two days later. It's now in the hands of the State Department, which has to issue a verdict by the end of March.

Sounds like a slam dunk, right? Not so fast. Here are three key reasons why.

1. Economics

Even Enbridge CEO Al Monaco recently stated that Canada only needs two more export pipelines.

"If you look at the supply profile and you look at our expansion replacement capacity for Line 3 and one other pipeline, that should suffice based on the current supply outlook, out to at least mid-next decade," Monaco said on a fourth quarter earnings call last week.

Wood Mackenzie analyst Mark Oberstoetter seconded that: "There's not an evident need to get three or four pipelines built."

Add to that the rapidly declining long-term prospects in the tar sands.

Those include Exxon's writing off of 3.5 billion barrels in bitumen reserves, ConocoPhillips' cutting of 1.2 billion barrels in reserves and Shell's forecasting of global peak oil demand in 2021.

Just last week, Shell sold off almost all of its tar sands assets to Canadian Natural Resources Limited. This follows divestitures by Statoil and Total SA in recent years.

"There will be no more greenfield projects if the price of oil stays at what it is," said David Hughes, expert on unconventional fuels and former scientist at the Geological Survey of Canada.

Hughes adds that Western Canadian Select already sells at a discount of around $15/barrel due to transportation and quality discounts.

Pipeline companies thrive on long-term contracts with producers, with lower rates for longer terms (such as 10 or 20 years).

Such contracts are huge financial gambles, especially given uncertainty about oil prices. In a low oil price scenario, tar sands take a hit because of the high cost of production.

"The economic case is not there for the three pipelines," said Amin Asadollahi, lead on climate change mitigation for North America at the International Institute for Sustainable Development. "And should the massive expansion happen, I don't think the financial benefits for the sector … would be there."

2. Landowners

We've already seen what lawsuits and protests can do to proposed oil pipelines, including crippling Enbridge's Northern Gateway and seriously delaying Energy Transfer Partner's Dakota Access Pipeline.

Same goes for Keystone XL. Lawsuits have plagued the company for years. In 2015, more than 100 Nebraska landowners sued TransCanada over the proposed use of eminent domain; the company eventually withdrew from the case and its plans for eminent domain, but it appears such conflicts will reignite with the federal approval. Landowners have already started to meet to plot out how to resist the pipeline.

TransCanada requires a permit from Nebraska in order to proceed. Last week, two-thirds of Nebraska's senators signed a letter petitioning the state's Public Service Commission to okay the proposed route; the original route was altered in April 2012 due to public opposition.

Keith Stewart, climate and energy campaigner at Greenpeace Canada, said: "They'll probably get the federal approval, but state-level and other legal challenges will go ahead to try to stop it."

Adam Scott of Oil Change International noted that he expects a lot of resistance to the Keystone project on the ground in Nebraska, especially given that the project still doesn't have a legal route through the state.

There's also growing resistance from Indigenous people, especially in the wake of Standing Rock. Thousands of Indigenous people recently gathered in Washington, DC for a four-day protest against the Dakota Access Pipeline.

In 2014, the Cowboy Indian Alliance united potentially affected farmers and Indigenous people to protest against the Keystone XL project. The recently signed continent-wide Treaty Alliance Against Tar Sands Expansion specifically identified Keystone XL as a proposed pipeline to be stopped.

3. Environment and Climate

Then there's the fight north of the border over greenhouse gas emissions and climate obligations.

The Canadian government's approvals of Kinder Morgan's Trans Mountain and Enbridge's Line 3 added a bit more than one million barrels per day in potential capacity to the tar sands network.

Unless there are significant breakthroughs in technology to cut per-barrel emissions, those two pipelines alone will allow for tar sands production and associated greenhouse gases to hit Alberta's 100 megatonne (Mt) cap; Stewart said companies have been talking about the possibility of emissions-cutting technologies such as solvents since 2007, but they still haven't materialized in a commercial setting.

Unconventional fuels expert David Hughes has calculated that if the 100 Mt cap is reached and a single LNG export terminal is built, Canada will need to cut non-oil and gas emissions by 47 percent cut in order to meet the 2030 target, which will be impossible "barring an economic collapse."

Adding an additional 830,000 bpd of export potential via the Keystone XL—allowing for the kind of expansion hoped for by the National Energy Board and Canadian Association of Petroleum Producers—could result in the breaching of Alberta's emissions cap and the country's climate targets.

Stewart points to Chevron's recent submission to the Securities and Exchange Commission, which acknowledged the increasing likelihood of climate-related litigation as a related sign of looming danger for companies.

It's a rapidly growing trend. Climate-based litigations are grounding fossil fuel projects around the world. A lawsuit based on constitutional rights to a healthy environment filed on behalf of 21 children during the Obama administration threatens to bring a similar precedent to the U.S.

"We're actually looking at a variety of ways to put pressure—including possible legal challenges—on companies that are basing their business model on the failure of the Paris agreement," Stewart said. "If you're telling your investors, 'We'll make money because the world will not act on climate change' are you actually engaging politically to try to produce that outcome? Are you lobbying against climate policy?'"

Reposted with permission from our media associate DeSmog Canada.

Hudson River near Hadley, New York. Photo credit: Brough Turner / Flickr

Small Towns Fight Big Oil

By Jenny Shalant

Last fall, a whale made a go of Manhattan. The humpback, eventually named Gotham, chased schools of herring from New York Bay into the Hudson River, as delighted onlookers snapped photos of its tail flukes framed by the city skyline. For a couple of weeks, the whale rose to social media stardom; it even started tweeting.

Wildlife experts say both the whale and its abundant prey testify to the improving water quality of the Hudson, which is a federally designated American Heritage River as well as one of the largest Superfund sites in the U.S. The river has come a long way since General Electric and other companies dumped toxic waste into its channel, but new threats may be on the horizon. The U.S. Coast Guard is considering a proposal to allow the construction of 10 anchorage grounds for massive oil barges (currently there are two). If approved, an influx of tankers up to 600 feet long would be able to dock in riverside communities between the George Washington Bridge and the Port of Albany.

Proposed oil barge anchorages for the Hudson River between Yonkers and Kingston-Rhinecliff, New York.Hudson River Trustee Council

Fossil fuel companies hope to take advantage of a recently lifted ban on crude oil exports by making the river a conduit to ports overseas. Meanwhile, environmental advocates fear the recovering river—a resource for wildlife, recreation and drinking water—will once again be steeped in industry.

The anchorage proposal submitted last year by the Maritime Association of the Port of New York/New Jersey, which represents oil and shipping interests, threatens to transform more than 2,400 acres of the waterway. In the south, the 43 new berths would extend down to Yonkers—a city in the midst of revitalizing its blighted industrial waterfront. On the northern end, the barges would dock in Kingston, which fronts one of the river's only public swimming beaches. All but one of the berths would allow for long-term anchorage, which would essentially convert the Hudson into a parking garage for crude oil.

During the comment period that ended in December, more than 10,000 people voiced their objections. Some opponents, like Mark Chertok, an environmental lawyer who represents the Hudson River Waterfront Alliance, pointed to the industry's practice of stockpiling oil on barges—as it does in the Gulf of Mexico—until higher market prices make it advantageous to unload its cargo. "This use of the river for arbitrage purposes would be an abuse of federal navigational authority," wrote Chertok. The project, he said, would enable "an invaluable public resource to be converted into free warehousing for private commercial benefit."

Sending more crude down the Hudson would also make old problems even worse, because much of the cargo may not be just any oil, but tar sands oil. Once stripped out of Canada's boreal forest, this volatile fossil fuel is transported by pipeline or train, then refined in a highly carbon-intensive process. Global Partners LP has applied for a permit to add new equipment to its storage facility at the Hudson port of Albany for the processing of tar sands oil. The company's refinery sits right beside the Ezra Prentice Homes, a low-income housing development.

Oil barge on the Hudson, 2016.Carolyn Blackwood

"It's a classic example of a polluting facility being sited directly adjacent to a low-income community of color," said Rob Friedman, a campaigner on the Natural Resources Defense Council's (NRDC) environmental justice team. "Public housing is often built on the cheapest land in a community and here you have people breathing in toxic fumes every single day, next to a facility that has already been shown to be violating the Clean Air Act."

NRDC is currently suing Global Partners and challenging its permit as part of a clean air case represented by Earthjustice. The lawsuit asks the court to force Global to apply for a new air pollution permit and prohibit the Albany facility from handling Bakken crude oil.

"It's amazing to have communities up and down the river in a state of resistance saying we're not going to stand for this," Friedman said. Beyond worries about how the barges will affect the look and feel of the river, it's the prospect of an oil spill that has many local citizens taking action.

Communities have ample right to be concerned. When a crude oil barge collided with a towboat on the Mississippi River in February 2014, responders were able to recover only a tiny fraction of the spilled fuel—just 95 of about 30,000 gallons. And tar sands crude is particularly disastrous for river ecosystems, explained NRDC staff attorney Kimberly Ong. "This oil immediately sinks to the bottom and there is, to date, no known way of effectively cleaning it up." (Just ask the residents of Kalamazoo, Michigan).

Oil spill on the Mississippi River, 2014.Coast Guard

"The Hudson is extremely turbid, so it's silty and there are a lot of suspended sediments in the water," added Friedman, who once worked on the river conducting water sampling tests for Riverkeeper. "If there were to be a spill of crude oil in the river, it's likely that a very small percentage would be recovered based on its turbidity and the fact that the Hudson is a tidal estuary," he said. "It's changing directions constantly."

In September, Riverkeeper's boat captain, John Lipscomb, gave a town hall presentation in Rhinebeck, New York. He discussed the deadly "bomb train" derailment in the Quebec town of Lac-Mégantic in 2013. In addition to killing 47 people, the accident sent 26,000 gallons of crude into the Chaudière River. In the year that followed the spill, government-commissioned biologists found unprecedented levels (up to 47 percent) of deformities in many of the river's fish species. Lipscomb, who has spent the past 17 years on the Hudson conducting pollution patrols and scientific studies, fears that lessons from the Chaudière are going ignored.

"Here we have endangered species that we've prioritized for recovery in the Hudson," Lipscomb said, referring to species like Atlantic sturgeon and bog turtles. "And we're running a product that if spilled can't be collected and has proven to cause problems for wildlife in the river." These incidents are also a toxic threat to the surrounding communities, he pointed out—and not just to the people who fish on the river. "The 40 percent of it that flashes off into fumes, if it happens in your community, is mutagenic and carcinogenic." (While few studies have examined the long-term impacts of oil spills on human health, many Gulf Coast residents were still suffering from respiratory and cardiovascular problems, memory loss and other degenerative issues five years after BP's Deepwater Horizon spill).

In light of New York's clean energy priorities, plus those 10,000 public comments and the pressure from organizations like NRDC, Riverkeeper and Earthjustice, Friedman remains hopeful that the new anchorages will be scrapped.

Protest in Albany, New York against Bakken crude oil coming into the Port of Albany.Pilot Girl / Flickr

Hudson Valley residents will need to keep this pressure up to protect the waterway in their backyards, but this is not just a local fight. By blocking the expansion of the tar sands industry, they're going to bat for all of us—from Alberta's First Nations, whose lands have been poisoned by the open-pit mining of this toxic fuel, to upstate New York residents breathing fumes from refineries next door, to the countries trying to curb carbon emissions instead of unleash them and finally, to the odd whale that chases its dinner up a welcoming river.

Jenny Shalant is a senior editor for the Natural Resources Defense Council.

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