Despite another oil spill, Keystone XL pipeline is approved in Nebraska. Resistance is strong and resolute

On November 16, TransCanada Pipeline shut down the existing Keystone Pipeline to contain a spill in South Dakota, estimated at 210,000 gallons– the third in the area since operations began in 2010.  Reports include “South Dakota Warns It Could Revoke Keystone Pipeline Permit Over Oil Spill”  in Inside Climate News .   On November 20, the Nebraska Public Service Commission granted approval to Keystone  – but an approval which Anthony Swift at NRDC describes as a “pyrrhic victory” because the original proposed route through Nebraska was rejected, and the new alternative route approved – the Keystone Mainline Alternative route –  must now undergo new state and federal environmental approval processes .  Official intervenors may also file an appeal  in the Nebraska courts within 30 days and may petition the Public Service Commission for a rehearing within ten days.  Even TransCanada seems to wonder if the Keystone will ever get built – the official press release  states:  “As a result of today’s decision, we will conduct a careful review of the Public Service Commission’s ruling while assessing how the decision would impact the cost and schedule of the project. ”   Other reaction to the news of the approval: from The National Observer  ;  Alberta’s Calgary HeraldCouncil of Canadians ; Bold Nebraska (an alliance of landowners, environmental groups and First Nations), and  from Common Dreams, ” ‘This Fight Is Far From Over’ Groups Declare as Nebraska Clears Path for Keystone XL Construction”  – summarizing the responses of 350.org and the Sierra Club.

As for strong and resolute opposition: In May 2017, CBC reported that leaders of the Blackfoot Confederacy in Canada, the Great Sioux Nation (U.S.) and the Ponca tribe (U.S.)  signed a joint declaration of opposition to Keystone XL . In a broader coalition,  First Nations, along with non-native groups such as 350.org and Greenpeace USA, have now launched  the Promise to Protect campaign which states:We will make a series of stands along the route – nonviolent but resolute displays of our continued opposition to a project that endangers us all. Join native and non-native communities in the Promise to Protect the land, water, and climate. ”  In light of the resolute and deep resistance, it is important to note an article in The Intercept   “Nebraska approves Keystone XL Pipeline as opponents face criminalization of protests”   (Nov. 20), which reported:  “In anticipation of the Keystone XL’s construction, legislation was passed in South Dakota in March that allows the governor or a local sheriff to prohibit groups numbering more than 20 from gathering on public land or in schools, and also allows the Department of Transportation to limit access to highways by prohibiting stopping or parking in designated areas.”  The South Dakota Senate Bill 176 is here.

 

Kinder Morgan, Keystone pipelines move closer to reality as Canada is warned about its carbon budget

Prime Minister Trudeau set off an outcry in Alberta with these comments at the start of his cross-country tour in Peterborough, Ontario : “You can’t make a choice between what’s good for the environment and what’s good for the economy. We can’t shut down the oilsands tomorrow. We need to phase them out. We need to manage the transition off of our dependence on fossil fuels.”  In Calgary on January 24,  Trudeau defended his remarks in a town hall meeting in Calgary, summarized in “Calgary crowd cheers and boos Trudeau in showdown with oilsands supporters”   in the National Observer (Jan. 25) .

On January 11, British Columbia’s Premier Clark waived B.C.’s original five objections and approved the Kinder Morgan pipeline project (albeit with 37 provincial conditions) . Alberta’s Premier Rachel Notley responded with:  “Working families shouldn’t have to choose between good jobs and the environment. World-class environmental standards and a strong economy that benefits working people must go hand-in-hand. The Kinder Morgan pipeline offers us an historic opportunity to demonstrate that these values can – and must – go hand in hand.”   Reaction to B.C.’s decision from West Coast Environmental Law is here ; or read “Did Christy Clark just betray British Columbia?” from Stand.earth, which continues to organize resistance to Kinder Morgan.

As anticipated, President Donald Trump wasted no time in approving the Keystone XL and Dakota Access pipelines, signing  Executive Orders on January 24.  Negotiations and further state-level approvals are still ahead, but Canada’s Trudeau government welcomed the news, according to a CBC report which quotes Natural Resources Minister Jim Carr : “it would be very positive for Canada — 4,500 construction jobs and a deepening of the relationship across the border on the energy file.”   In a joint response by Greenpeace USA and Greenpeace Canada, Mike Hudema of Canada stated:   “The question for Canadians is: will the Prime Minister continue to align himself with a climate denying Trump administration, or will he stand with the people and with science and start living up to his own commitments to the climate and Indigenous rights?”

According to a January report by Oil Change International (OCI), “Ultimately, the carbon mathematics is such that the Canadian government simply cannot have it both ways . There is no scenario in which tar sands production increases and the world achieves the Paris goals.”  Climate on the Line: Why new tar sands pipelines are incompatible with the Paris goals  continues with: “Cumulative emissions from producing and burning Canadian oil would use up 16% of the world’s carbon budget to keep temperatures below 1.5 degrees, or 7% of the budget for 2 degrees. Canada has less than 0.5% of the world’s population.” ” There is no future in expanding tar sands production. Instead, the government should begin serious efforts now to diversify the economy, supporting a just transition for workers and communities.”  Andrew Nikoforuk summarized the report in The Tyee (Jan. 10); CBC Calgary interviewed experts in its analysis, “Could the oilsands really be phased out? Here are the possibilities” (January 21).

Decision approaches for the Kinder Morgan Transmountain Pipeline Expansion

kmpipeline_tanker_route_salish_sea_map_smallThe Liberal government announced a national Ocean Protection Plan  on November 8, investing $1.5  billion over five years,  “to ensure that our coasts are protected in a modern and advanced way that ensures environmental sustainability, safe and responsible commercial use, and collaboration with coastal and Indigenous communities.” Although one of  the goals is “restoring and protecting the marine ecosystems and habitats”, the main thrust appears to emphasize commercial shipping,  maritime traffic, and improved response to tanker oil spills.   A sample of reaction:  An Editorial from the  National Observer “’Ocean protection’ is now code for oilsands pipelines and tanker traffic ” (Nov. 8); “No tanker ban in Trudeau’s $1.5-Billion Coastal Protection Plan”  in The Tyee ; and though Equiterre’s press release strikes a constructive tone, it links the Plan directly to the Kinder Morgan pipeline and subsequent tanker traffic.  As  Chantal Hebert wrote in the Toronto Star,  “it is obvious to everyone following along that he (Prime Minister Trudeau)  was getting some framing in place before green-lighting Kinder Morgan’s TransMountain pipeline expansion”.

The Report from the Ministerial Panel for the Trans Mountain Pipeline Expansion Project  was presented to Natural Resources Minister Carr in early November, the Panel having been appointed by the Minister  in May 2016  to quell  public outrage over the National Energy Board  process. From the Report introduction: “The panel’s mandate was not to test or build social licence for the project. It was to identify what might have been missed in the original review. Appropriate to the panel’s mandate, therefore, this report does not contain specific recommendations. Rather, it provides an overview of input, a reflection of public concern about changing circumstances, and a synthesis of major issues “.   Nevertheless, the panelists managed to say that the Kinder Morgan project “cannot proceed without a serious reassessment of its impacts on climate change commitments, indigenous rights and marine mammal safety. ”   DeSmog blog summarizes the report and commends the Panel .

Others  dispute that the pipeline is even needed, on economic grounds – see Climate Action Network   or Robyn Allan in “Opinion: Premier Notley relies on fiction to push Kinder Morgan pipeline expansion”  in the National Observer (Nov. 14)  . From Vancouver-based   Conversations for Responsible Economic Development  (CRED),  self-described as “fiercely pro-business and pro-economic development” : “It’s crucial that the federal government reject the KM pipeline and instead support sectors in BC that create family-sustaining jobs, make significant tax contributions, insulate the regional economy from boom-and-bust cycles, and promote economic growth compatible with Canada’s national climate commitment.”  See the full CRED report,  What’s Fuelling Our Economy: Is Kinder Morgan’s Proposed Pipeline Inconsistent with New Economic Trends and Realities?

Protests and legal action against the Kinder Morgan project have been going on for years – see our previous WCR coverage here –  but they are intensifying with the upcoming December 19 deadline for a government decision.  In October, 99 protestors were arrested on Parliament Hill, and  British Columbia’s former Premier Mike Harcourt warned in a November interview   that an approval could result in “a  Clayoquot or North Dakota type of insurrection”. A November 17 event hosted by Leadnow.ca  also makes the link: “From Standing Rock to Burnaby Mountain: Can Direct Action Stop the Kinder Morgan Pipeline?”.   On November 16,  the Canadian Youth Delegation at COP22 in Marrakech delivered a  petition with 210,000 names opposing the Kinder Morgan pipeline; demonstrations and vigils are planned across Canada for November 21, coordinated by 350.org , Leadnow.ca, Greenpeace Canada   , the Council of Canadians    , the Canadian Youth Climate Coalition  and others.  The Kinder Morgan pipeline expansion is being framed as the acid test for the Liberal government’s environmental position.

 

 

Northern Gateway Supreme Court Decision, and Kinder Morgan Pipeline battles in British Columbia; NEB improvements promised

On January 13, the B.C. Supreme Court ruled that the B.C. government breached its duty to consult the Gitga’at and neighbouring First Nations on the Enbridge Northern Gateway pipeline. The decision is seen as a major victory for Coastal First Nations , effectively nullifying the federal government’s initial approval of Northern Gateway , and also providing a precedent protecting First Nations rights in the Trans Mountain pipeline hearings. “ First Nations win court challenge against B.C. over Enbridge pipeline”  includes a copy of the Court’s decision. The West Coast Environmental Law group provides a history of the Northern Gateway case, and its implications for the Kinder Morgan NEB review in Province Can’t Pass the Buck on Oil Pipelines: BC Supreme Court.

The B.C. government formally submitted its letter of opposition to the Kinder Morgan Trans Mountain Pipeline  to the National Energy Board on January 11 , citing the grounds of safety and the risks of an oil spill. Unifor has also consistently opposed the project, seeing it as a exporter of energy jobs, and a threat to its members in the fisheries industry. (Alberta submitted its letter of support on January 12 ).    Even U.S. Aboriginal tribes have filed complaints before the NEB regarding the threat of Kinder Morgan, according to a report in The Guardian . Read an overview of the arguments against KinderMorgan from EcoJustice  . The Tar Sands Reporting project of the National Observer, based in Vancouver, has compiled a series of articles documenting the NEB hearings and the many public protests.

The Kinder Morgan NEB hearings have developed as a symbol of the new Liberal government’s intention to live up to its campaign promises  to review the NEB process and restore transparency and evidence-based decision making in environmental assessments, according to DeSmog Blog.

The Report of the Commissioner of the Environment and Sustainable Development  was tabled in the House of Commons on January 26, and was strongly critical of the National Energy Board’s regulation of pipeline projects. (The CBC summary is here ) . In response, the government has promised additional climate tests and First Nations’ consultations for the Kinder Morgan Trans Mountain pipeline, Energy East pipeline, and Pacific NorthWest’s planned LNG export terminal in B.C., according to the Globe and Mail on January 25. (“Ottawa to mandate climate tests for proposed pipelines, LNG terminal ” )