Category Archives: energy policy

Energy & Environment: Regulator hopes Gulf mapping tool can defuse tension between drillers, fishermen

Nathanial Gronewold, E&E reporter
Published: Thursday, September 5, 2013

HOUSTON — The federal government is racing to roll out a new mapping
tool that it hopes will lead to a truce between offshore drillers and
fishing interests over the spike in rig decommissioning and tear-downs.

The Bureau of Safety and Environmental Enforcement hopes by the end of
this month to have the basic framework for a geographic information
system mapping tool that would be used to track the life span of the
thousands of offshore structures and platforms standing in the Gulf of
Mexico, hundreds of which are slated for removal. But finalizing it
will take many more months or even years and will require the input of
charter fishermen, recreational diving companies, shrimp boat captains
and anyone else who has a stake in the Gulf’s natural resources.

The aim is to defuse the tension between charter fishermen and divers,
who depend on the artificial reef environments created by the rigs for
their livelihood, and the very owners of those offshore structures, who
are legally required to remove them when they are no longer in use. Rig
owners also fear the legal liability they are exposed to should a
defunct rig cause an accident or suffer storm damage.

In an interview, David Smith, a public affairs specialist at BSEE, said
the map that he and his team hope to complete this month will just be a
bare-bones version of the final product. The ultimate aim, he said, is
to develop a tool that enables all interested parties to know ahead of
time when a rig might be coming down and whether that structure would
be a good candidate for the federal Rigs to Reefs program.

BSEE sees Rigs to Reefs as the key to bridging the divide between the
fishermen and offshore oil and gas companies. Charter fishing interests
have been lobbying hard in Congress for a temporary moratorium on rig
decommissioning and removal, something that oil and gas companies and
the decommissioning industry are eager to avoid.

“You have the older platforms that have created this temporary
artificial habitat for fish and other marine life, but they’re also the
ones that are probably going to come out the soonest,” Smith explained.
“What we found is that there needs to be a lot more collaboration in
the planning process for decommissioning.”

Although the platforms, caissons and other offshore structures are the
private property of oil and gas companies, commercial and charter
fishermen insist that their voices should be added to the discussion on
what to do with an aging offshore structure. At the same time they and
some state agencies complain that the Rigs to Reefs program is too slow
and laden with bureaucracy. Six federal agencies have some say in what
happens to a structure resting above an abandoned offshore well.

Capt. Gary Jarvis, former president of the Corpus Christi, Texas-based
Charter Fishermen’s Association (CFA), expressed some skepticism that
BSEE’s planned reforms of Rigs to Reefs will work, but he is satisfied
that at least BSEE is hearing his industry’s concerns.

Still, he and others feel that nearly all offshore structures should be
reefed in place after they are no longer of use to the industry. That
currently happens with only a small fraction of them.

“Ideally for us, we would say reef them right where they’re at,” Jarvis
said. “That would be a good compromise.”

Delicate balancing act

Once the GIS map is in place, Smith said he hopes to organize a cross-
industry commission to help manage it and keep it updated.
Representatives of charter fishing and dive trip operators could
identify which structures are of most value to them, and oil and gas
interests across the table could provide updates on the status of these
structures, notifying whether they plan to tear them down and how
quickly.

Representatives of Gulf state agencies that assume responsibility for
artificial reefs created in Rigs to Reefs would also be at the table to
give guidance on whether these structures can be folded into the
program. Not all are eligible to become artificial reefs.

“We’re trying to develop a GIS map as a planning tool, and then we want
to develop a collaborative planning body that will sort of be an
information repository and facilitate a dialogue,” Smith said.

It’s a delicate balancing act that will attempt, for the first time, to
bring all Gulf of Mexico commercial interests — fishing, recreation,
and oil and gas — together to hash out compromises over their
competing needs.

Though charter fishermen may want to keep all structures in place,
shrimp boat captains by and large would like to see all those defunct
platforms removed to avoid damaging their equipment. Oil and gas firms
are keen to rid themselves of liability for these defunct platforms as
soon as possible. Meanwhile, thousands of workers are employed in the
Gulf Coast region by companies that tear down platforms and salvage the
“idle iron” for scrap metal.

The committee or planning commission that he hopes to form would “take
all of the input from the shrimping community, from the trawlers, from
the fishing and recreational charters, commercial diving community, all
of those different organizations and bring it all together, and then
have regular update meetings and have a place where people can come and
talk about what’s working and what’s not,” Smith said.

Complicating matters further, the science surrounding artificial
reefing is still in its infancy. The ecological benefits of artificial
versus natural reefs is still hotly debated and will be the principal
topic of discussion at the forthcoming Gulf and Caribbean Fisheries
Institute conference in Corpus Christi, Texas, slated for November.

Wes Tunnell, associate director of the Harte Research Institute at
Texas A&M University, Corpus Christi, explained that the current debate
swirls around whether artificial reefs generate new populations of fish
species or simply concentrate existing ones. He said there is evidence
for both.

Gulf of Mexico researchers are also still trying to develop a sound,
standardized technique for studying and monitoring artificial reefs,
counting the populations of fish that call them home and comparing this
data with what researchers collect at natural reef sites. “There’s
never been a really good way to count the fish around these artificial
reefs and have kind of an objective method for doing that,” Tunnell
said.

But there is some general understanding of artificial reefs among the
scientific community. Tunnell indicated that there’s evidence to
suggest that, though natural reefs are more biodiverse, artificial
reefs may actually harbor larger numbers of fish and therefore might be
more productive for fisheries.

Harte and other research centers are willing to aid BSEE’s efforts to
reach a general compromise, but Tunnell said his institute’s position
on the decommissioning and Rigs to Reefs controversy will be strictly
neutral.

“We like to be what we call the honest broker,” he said. “We want to
keep providing the best information until we get to the right
solution.”

Hurricane’s wake

The hurricane seasons of 2005 to 2008 brought this issue to the fore.

Hundreds of platforms were damaged or destroyed by Hurricanes Katrina,
Rita, Gustav and Ike. In investigating the problem, BSEE discovered
that more than half of the damaged structures were in disuse, sitting
abandoned for years. Fixing the damage cost hundreds of millions of
dollars.

The 2010 Macondo well blowout and oil spill delayed action somewhat,
but after the dust settled from that incident, BSEE issued a notice to
oil and gas companies reminding them that they need to demonstrate a
plan for what they intend to do with abandoned platforms within five
years. The options include selling them to other companies, reusing
them for developing new wells, reefing or removal.

Smith is adamant that the Notice to Lessees issued in October 2010 was
not a directive that companies must remove abandoned structures.
Rather, the notice was meant to remind industry of the existing
regulations in place.

Smith estimated that the Gulf is home to nearly 2,900 production
platforms, but he stressed that, of these, 700 to 800 may have to be
dealt with as they near the end of their life spans. And even then the
law doesn’t require that they be removed, only that the owners come up
with a plan for what to do with them next.

Still, many in the industry acted as if the NTL was ordering immediate
compliance.

BSEE estimates that 285 structures were removed from the Gulf in 2011,
up from 153 in 2008. Permit requests for rig decommissionings rose from
254 submitted in 2010 to 319 in 2011. Fishermen and divers grew alarmed
as hundreds of platforms were pulled, mostly from the western Gulf off
the coast of Texas. Structures that they’ve depended on for years
seemingly vanished overnight.

“Especially off South Texas where we are, we’ve just had so few rigs so
when they pulled out 30 or however many there were in our region, the
fishermen and the diving industry, they felt that tremendously,” said
Jennifer Wetz, a researcher at the Harte Institute. “That was huge to
them.”

The Charter Fishermen’s Association and other groups and individual
fishermen responded by getting politically active, pressing their local
members of Congress to get involved. Last year lawmakers proposed the
decommissioning moratorium. Although that effort failed, the speed and
strength with which fishing and diving interests acted got the
attention of offshore oil and gas firms. The dispute was a top item for
discussion among industry representatives at the Decommissioning and
Abandonment Summit held in Houston earlier this year.

J. Dale Shively, artificial reef program leader at the Texas Parks and
Wildlife Department, expressed sympathy for the fishing interests but
suggested they should have seen this problem coming. Offshore platforms
are meant to be temporary installations with their owners free to do
with them as they wish, as long as it complies with the law.

“One of the sticking points really is that the public doesn’t accept
that these platforms are private property,” Shively said. “They don’t
belong to the public. They don’t belong to the federal government or
the state. They belong to the oil company.”

CFA member Jarvis, however, argues that these structures become far
more than just a matter for the private owner because they create
valuable fish habitat, an asset that is tightly controlled throughout
the Gulf. Simply removing them when the companies want to would destroy
that habitat and the fish that reside there, an action that would
result in severe consequences for fishing interests but almost none for
oil and gas firms, he said.

“There are all kinds of federal laws and regulations about live coral,
and there’s nothing on those oil rig legs but live coral. They get a
free pass on that,” Jarvis said. “The fishing reefs, also known as oil
rigs, are a valuable asset to the fishery, not only from the
fisherman’s perspective but from the fish perspective too.”

Challenges

Shively agrees with BSEE that the Rigs to Reefs program will be a
central factor to satisfying all sides of the issue, but he complained
that for a while now the program allowed too little flexibility for
state agencies like his to grab structures before they are removed and
recommend them for reefing.

He also echoed Tunnell’s point that the science of artificial reefing
is still being worked out. Texas Parks and Wildlife is relying on
researchers at the Harte Institute; University of Texas, Brownsville;
and Texas A&M University, Galveston, for help in studying Texas’ three
primary artificial reef areas. Getting a fix on the value and proper
management of the Rigs to Reefs program is a never-ending challenge, he
said.

“We don’t ever predict that we’re done,” Shively said. “We put
materials down that are serving as a reef, but the scientific questions
are if you put more material, do you get more fish, or do you at some
point get all this competition and the population decreases because now
you’re bringing in more predators?”

Another challenge is the expense. Shively estimates that a typical
reefing job costs more than $500,000. A near-shore artificial reef he’s
working to put together this month near Corpus Christi using more than
400 concrete pillars will run about $700,000. Another near Matagorda,
spread across 160 acres, will probably cost $1.2 million to complete,
he said.

“Every reefing job is expensive,” Shively said. “We’re hoping to get
some of this Deepwater Horizon money to help with it. It’s in the
plans, but we haven’t gotten official approval yet.”

Though reefing can save an operator potentially millions of dollars,
the time-consuming and cumbersome process — and restrictions on where
and how rigs can be reefed — means that far more concrete and steel
will still be removed than left in the Gulf of Mexico. Last year BSEE
reported that the oil and gas industry requested approval to scrap
about 330 offshore structures. Twenty-seven were recommended for the
Rigs to Reefs program, or about 8 percent of the total. So far this
year the agency has received permit applications to scrap 121 rigs and
to reef 15.

The GIS mapping system that BSEE will try to roll out later this month
will be the beginning of attempts to bring more structure and order to
the Rigs to Reefs program and to provide fishermen and divers with
enough information so that they can know precisely what’s happening
with their favorite reefs. If such a structure is scheduled for
decommissioning, fishing and diving interests would be able to flag it
to state officials or BSEE for possible inclusion in Rigs to Reefs. If
popular structures are deemed unsuitable for reefing, then the divers
and fishers can at least learn of this ahead of time, giving them an
opportunity to seek out replacements to visit to keep their businesses
going.

Smith said he needs the cooperation of all sides to make the experiment
work.

“In order to get the map to work, we have to get all the BSEE data on
it, we need to get all the shrimping data on it, we need to get all the
fishing data on it,” he said. “It would help if the fishing and diving
community could point out those platforms that are really important to
them and make the states aware of those so that the states know where
to look for them.”

Though he thinks it’s been taking BSEE too long to put this mapping
tool together, Smith believes this step will prove to be the easy part
of this entire effort.

“The hard part is coming up with some sort of cooperative agreement or
something for a body to put all this stuff together,” he said. “I’m not
sure exactly how that’s going to happen yet. We’re still working on
that part.”

Special thanks to Richard Charter

Mintpressnews.com: The Flip Side Of Obama’s Keystone XL Delay: Even as President Obama cast a veneer of caution over the Keystone pipeline’s northern half, he quietly expedited dozens of similar projects.

INVESTIGATION: The Flip Side Of Obama’s Keystone XL Delay

By Steve Horn | September 7, 2013

The Republican-controlled House is voting today on a measure that would strip the president’s authority on Keystone XL pipeline approval, allowing Congress to push the project through before completion of the environmental impact study. (Photo/Matt Wansley via Flickr)

While President Obama made a big deal out of delaying the northern half of the Keystone pipeline’s construction, he compensated by signing an executive order to expedite similar infrastructure projects everywhere else. (Photo/Matt Wansley via Flickr)

Large segments of the environmental movement declared a win on Jan. 18, 2012, the dawn of an election year in which partisan fervor reigned supreme.

On that day President Barack Obama kicked the can down the road for permitting TransCanada’s Keystone XL pipeline’s northern half until after the then-forthcoming November 2012 presidential election.

“Northern half” is the key caveat: just two months later, on March 22, 2012 – even deeper into the weeds of an election year – President Obama issued Executive Order 13604. Among other key things, the order has an accompanying memorandum calling for an expedited review of the southern half of Keystone XL stretching from Cushing, Okla. to Port Arthur, Texas.

The day before, March 21, Obama flew on Air Force One to a pipe yard in Cushing – the “pipeline crossroads of the world” – for a special stump speech and photo-op announcing the executive order and memorandum.

Dubbed the Gulf Coast Pipeline Project by TransCanada – 95 percent complete and “open for business” in the first quarter of 2014 – the 485-mile tube will ship 700,000 barrels of tar sands crude per day from Cushing to Port Arthur, where it will then reach Gulf Coast refineries and be exported to the global market. It will eventually have the capacity to ship 830,000 barrels per day.

The subject of a large amount of grassroots resistance from groups such as Great Plains Tar Sands Resistance and the Tar Sands Blockade, the Gulf Coast Pipeline Project – when push comes to shove – is only the tip of the iceberg.

That’s because Obama’s order also called for expedited permitting and review of all domestic infrastructure projects – including but not limited to pipelines – as a reaction to the Keystone XL resistance.

A months-long Mint Press News investigation reveals the executive order wasn’t merely a symbolic gesture.

Rather, many key pipeline and oil and gas industry marketing projects are currently up for expedited review, making up for — and by far eclipsing — the capacity of Keystone XL’s northern half. The original TransCanada Keystone pipeline – as is – already directly connects to Cushing from Alberta, making XL (short for “extension line”) essentially obsolete.

Keystone XL’s northern half proposal is key for marketing oil obtained from the controversial hydraulic fracturing (“fracking”) process in North Dakota’s Bakken Shale basin.

Dubbed the Bakken Marketlink Pipeline, the segment has lost its importance with the explosive freight rail boom for moving Bakken fracked oil to market and other pipeline proposals. One of those pipelines, in fact, has received fast-track approval under the March 2012 Obama Executive Order.

Feeling the pressure from protest against the Keystone XL from groups such as the Tar Sands Action, Indigenous Environmental Network and others, Obama pulled a fast one: “wait and see” for XL’s northern half – which many claimed as a victory – and expedited approval of everything else via executive order.

Breaking down the Keystone XL executive order

Obama’s Keystone XL southern half March 2012 memo reads like Big Oil talking points.

“[W]e need an energy infrastructure system that can keep pace with advances in production,” Obama states in the Memo. “To promote American energy sources, we must not only extract oil — we must also be able to transport it to our world-class refineries, and ultimately to consumers.”

A metaphorical slap in the face to environmentalists who spent months working on opposing Keystone XL, Obama argued a more efficient, less bureaucratic means of approval was compulsory.

“[A]s part of my Administration’s broader efforts to improve the performance of Federal permitting and review processes, we must make pipeline infrastructure a priority … supporting projects that can contribute to economic growth and a secure energy future,” the memo reads.

Though the order issued an expedited permitting process for Keystone XL’s southern half, it also foreshadowed that expedited permitting would become the “new normal” going forward for all domestic oil and gas pipeline projects.

“To address the existing bottleneck in Cushing, as well as other current or anticipated bottlenecks, agencies shall … coordinate and expedite their reviews … as necessary to expedite decisions related to domestic pipeline infrastructure projects that would contribute to a more efficient domestic pipeline system for the transportation of crude oil,” the memo states in closing.

The memo also notes all projects placed in the expedited permitting pile can have their statuses tracked on the online Federal Infrastructure Projects Dashboard, with 48 projects currently listed.

Little time was wasted building the XL’s southern half after Obama issued the Order and within a slim two years, TransCanada will have its first direct line from Alberta to Gulf Coast refineries in southern Texas.

Muted opposition: “eco-terrorists,” SLAPP lawsuit threats

It’s not as if the Keystone XL southern half expedited permit has gone unopposed. It’s just that activists who have chosen to resist the pipeline have paid a heavy price for doing so.

A case in point: opposition to Keystone XL’s southern half has earned many activists the label – on multiple occasions – as potential “eco-terrorists,” named as such by TransCanada, the U.S. FBI and Department of Homeland Security’s Nebraska-based “fusion center” and local undercover police.

Other activists were threatened by TransCanada with a strategic lawsuit against public participation (SLAPP), all of whom made an out of court settlement in January 2013.

Activists agreed to “no longer trespass or cause damage to Keystone XL property including the easements within private property boundaries,” explained FireDogLake’s Kevin Gosztola in a January 2013 article.

The agreement was a quintessential “lesser of two evils” choice, given activists could have found themselves bogged down in legal fees from TransCanada and may have eventually owed the corporation big bucks.

“The activists had a choice: either settle or face a lawsuit in court where TransCanada would seek $5 million for alleged financial damages … that could have much worse consequences,” Gosztola further explained.

Beyond SLAPP threats, key lawsuits aiming to fend off TransCanada have also failed.

Texas lawsuit highlights expedited permitting corruption

One of those lawsuits in particular – filed on April 25, 2013 by a Douglass, Texas-based citizen named Michael Bishop representing himself in court – paints a picture of what President Obama meant when he said he would fast-track permitting for infrastructure projects going forward.

Before filing the lawsuit, Bishop penned a four-part series for EcoWatch in February and March of 2013 on his experiences as a landowner living a mere 120-feet from pipeline construction and dealing with TransCanada in Texas.

“I am amazed by the lack of understanding about this project by the general public and even more amazed that people in other parts of the country are so focused on the ‘northern segment’ while the pipeline is actually being laid right here in Texas and will begin transporting diluted bitumen, tar sands crude oil, to Gulf Coast refineries by the end of the year,” Bishop wrote in Part III. “So many seem oblivious to this fact.”

Bishop alleges in his Complaint for Declaratory Relief and Petition for Writ of Mandamus that on-the-books bread-and-butter environmental laws were broken when fast-tracked permitting for Keystone XL’s southern half unfolded.

The permitting mechanism utilized by the U.S. Army Corps of Engineers – following Obama’s March 2012 executive order and memorandum – was a Nationwide Permit 12.

Nationwide Permit 12 has also been chosen for fast-tracked permitting of Enbridge’s Flanagan South Pipeline. That pipeline is set to fill the gap – and then some – for Keystone XL’s northern half, bringing tar sands crude along the 600-mile long, 600,000 barrels per day pipeline from Pontiac, Ill. to Cushing, Okla.

A 2012 document produced by the Army Corps of Engineers explains Nationwide Permit 12 is meant for permitting of utility lines, access roads; foundations for overhead utility line towers, poles, and anchors: pipelines carrying corrosive tar sands crude go unmentioned.

The Corps’ document also explains Nationwide Permit 12 exists to “authorize certain activities that have minimal individual and cumulative adverse effects on the aquatic environment,” further explaining, “Activities that result in more than minimal individual and cumulative adverse effects on the aquatic environment cannot be authorized.”

Bishop cited the National Environmental Protection Act (NEPA), arguing Nationwide Permit 12 as applied to Keystone XL’s southern half violated the spirit of that law because no environmental assessment was conducted and no public hearings were held.

“Given the fact that the Corps was involved in the preparation of the TransCanada Keystone Pipeline XL for the State Department … knowledgeable of the toxic nature of the material to be transported and massive public opposition to the project, public hearings should have been held in accordance with the law,” wrote Bishop.

Further, the pipeline crosses “nearly 1,000 crossings of bodies of water in Texas alone,” according to Bishop’s complaint.

In following the dictates of the March 2012 executive order and memorandum, Bishop argues the U.S. Army Corps of Engineers acted in total disregard for long-established environmental law.

“The use of Nation Wide Permit-12 is not a substitute for following NEPA and the Corps, while having some degree of latitude, failed in its ministerial duty,” Bishop wrote. “There was a blatant disregard for established environmental law…which not only included public input, but also directed the agency to consider human health and safety.”

To date, the lawsuit has not been heard in court.

Hastening Bakken shale development

While the environmental community hones in on Keystone XL’s northern half, the business community has focused on expediting permits in the Bakken Shale and filling in the gap left behind by the lack of a TransCanada “Bakken Marketlink.”

Big Business has done so – in the main – by using pipelines to ship Bakken crude to key rail hubs.

One of the pipelines listed in the Federal Infrastructure Projects Dashboard is the Bakkenlink pipeline – not to be confused with the “Bakken Marketlink” – a 144-mile-long tube set to carry fracked oil from the Bakken to rail facilities that would then carry the product to strategic markets.

“Currently, crude oil from this region of the Bakken field is transported to rail facilities via truck,” explains the Dashboard. “The proposed BakkenLink pipeline provides an opportunity to eliminate a vast amount of overland truck traffic.”

Petroleum News Bakken, an industry news publication, explains Bakkenlink was proposed when the northern half of Keystone XL was put on hold by the Obama Administration.

“Originally the BakkenLink was intended to run all the way to Baker, Mont., where it was to connect to the Keystone XL pipeline, but when the Keystone XL project was put on hold in 2011, BakkenLink LLC modified its plan and opted to terminate the pipeline at the Fryburg rail facility,” Petroleum News Bakken explained.

The Bismarck Tribune explained Great Northern Midstream LLC – which wholly owns BakkenLink LLC as a subsidiary – has built capacity to load fracked Bakken oil onto 110-car unit trains via the Fryburg rail facility.

For sake of comparison, TransCanada’s Bakken Marketlink Pipeline – aka Keystone XL – was slated to bring 100,000 barrels per day of crude to market.

The freight trains scheduled to carry this oil are owned by Burlington Northern Sante Fe (BNSF). BNSF itself is owned by Warren Buffett, the fourth richest man on the planet and major campaign contributor to President Barack Obama in 2008 and 2012.

With plans to “spend $4.1 billion on capital improvements in 2013, a single-year record for an American railroad…BNSF says it is transporting more than half of the oil produced in the North Dakota and Montana regions of the Bakken,” according to a June 2013 Dallas Morning News article. “The boom would not be as big, nor would it have happened as fast, without BNSF.”

Recent investigative pieces on Buffett’s ties to the tar sands also shows he owns over $2.7 billion worth of stock in tar sands producers such as ExxonMobil, ConocoPhillips, General Electric and Suncor as of September 7, 2013.

Another key data point: a 70-unit train carrying 51,428 barrels of fracked Bakken Oil to a Canadian east coast export terminal owned by Irving Oil derailed and exploded in a fireball on July 2013, killing 47 people in Lac-Mégantic, located in Québec province.

Coming full circle, Irving Oil and TransCanada announced a joint venture to develop and construct an export facility in St. John, Canada on August 1, less than a month after the lethal Lac-Mégantic derailment. That facility would take tar sands crude shipped from the 1.1 million barrels per day proposed TransCanada Energy East pipeline and export it to the global market.

Bakken Federal Executives Group

Bakkenlink isn’t the only game in town for the March 2012 executive order’s impact on expedited permitting in the Bakken Shale.

Enter the Bakken Federal Executives Group – helped along by Obama’s Assistant for Energy and Climate Change Heather Zichal – the Obama White House’s industry-friendly liaison to Big Oil.

“Among Zichal’s tasks is wooing Jack Gerard,” explained a May 2012 article in Bloomberg. Gerard was thought to be one of the candidates for Chief-of-Staff for Republican Party candidate Mitt Romney if he became president.

“[I]dentified by the President as one of five priority regional initiatives under Executive Order 13604 … [the] [g]roup represents a dozen federal bureaus with review and permitting responsibilities that are working collaboratively to address common development obstacles associated with the Bakken boom…,” explains an August 7 U.S. Department of Interior press release.

Newly-minted U.S. Secretary of Interior Sally Jewell – a former petroleum engineer for Mobil Oil Company – recently took a trip to the Bakken Shale oil fields to advocate for the dictates of the March 2012 Executive Order.

“The group’s Aug. 6 itinerary began with a tour of a rig operated by Continental Resources Inc., followed in the afternoon by a tour of facilities operated by Statoil, which has invested more than $4 billion in the Bakken,” explained the Oil and Gas Journal.

Continental Resources’ CEO is Harold Hamm, who served as energy advisor to Mitt Romney, the Republican Party presidential nominee for the 2012 election.

“Interior continues to be a leader in implementing President Obama’s vision for a federal permitting process that is smarter [and] more efficient,” David Hayes, Department of Interior Deputy Secretary said in a June press release. “By coordinating across the many federal agencies involved in the Bakken region … we are able to offer a better process for industry.”

Obama May 2013 memo: Cut it in half

On May 17, 2013, President Obama issued an updated memorandum titled, “Modernizing Federal Infrastructure Review and Permitting Regulations, Policies, and Procedures.”

Citing his March 2012 executive order as precedent, this memo called for cutting the time it takes to approve major infrastructure projects – pipelines included – in half.

“By the authority vested in me as President by the Constitution and the laws of the United States of America, and to advance the goal of cutting aggregate timelines for major infrastructure projects in half,” he states in the memo, with a final goal to “institutionalize or expand best practices or process improvements that agencies are already implementing to improve the efficiency of reviews.”

Scary math

Adding insult to injury, a recent story appearing in The Wall Street Journal explains Keystone XL’s northern half is no longer a priority for refiners, investors or the industry at large.

With a further delay in the cards due to conflicts of interest in the State Department’s environmental review process, it may start to matter less and less for Big Oil as it plans out its other options for getting its product to market going forward.

“U.S. companies that refine oil increasingly doubt that the controversial Keystone XL pipeline [northern half] will ever be built, and now they don’t particularly care,” explained the Journal.

Enbridge recently proposed an expansion for its Alberta Clipper pipeline (approved by Obama’s State Department in August 2009, now known as “Line 67”) from 450,000 barrels per day to 570,000 barrels per day to theState Department in a November 2012 application.

It upped the ante since the original Clipper expansion application — a move met with activist opposition — requested 800,000 barrels of tar sands run through it per day.

That’s on top of Enbridge’s recently proposed Nationwide Permit 12 – paralleling what TransCanada did for Keystone XL’s southern half – set to bring 600,000 barrels per day of tar sands to Cushing, Okla from Pontiac, Ill.

The reaction to pressure against building Keystone XL’s northern half has been – put simply – “build more and faster.” Simple math and geography shows – as The Wall Street Journal boasted – project permitting parameters have tilted more and more in Big Oil’s favor under President Obama’s watch.

With full-throttle expansion of the tar sands described as “game over for the climate” by now-retired NASA scientist James Hansen — and with fracked oil and gas found to be dirtier than coal when examined in its entire lifecycle according to a May 2011 Cornell University study — it makes for scary math indeed.

Greenpeace: Greenpeace activists invade Shell refinery

Christian Wenande
August 28, 2013 – 09:38
The action is a protest against Shell spearheading the search for oil in the vulnerable Arctic region
Around 40 Greenpeace activists, some dressed as polar bears, forced entrance to the Shell oil refinery in Fredericia this morning (Photo: Greenpeace)

Shell’s oil refinery in the Jutland city of Fredericia was invaded by about 40 Greenpeace activists dressed up like polar bears early this morning.

The activists forced entry to the Dutch oil giant’s refinery just after 6am and a group of them immediately began climbing up one of the refinery’s large silos , where they hung a banner featuring an image of the well-known yellow and red Shell logo juxtaposed with a polar bear’s face.

“We are here to reveal Shell’s true face. The company is leading the hunt for oil in the Arctic, despite having shown us that they are completely unable to protect the vulnerable environment and unique nature in Greenland and the rest of the region,” Helene Hansen, a 28-year-old activist, told Ekstra Bladet tabloid.

Part of a global campaign
The activist group in Fredericia includes Danes as well as individuals from Sweden, Norway, Finland, Italy, Germany and Latvia.

The police showed up at around 6:30am but as of two hours later no arrests had made.
The Fredericia action is the latest Greenpeace stunt aimed at taking on Shell’s hunt for arctic oil. In July, six activists climbed western Europe’s tallest building near Shell’s headquarters in London to display a ‘Save the Arctic’ banner, and last Sunday a 20-metre banner was unveiled during the Formula 1 Grand Prix in Belgium.

The Arctic: another Nigeria?
Shell is currently preparing a number of seismic examinations in protected sea areas in Baffin Bay, the body of water between Greenland and Canada. Whale experts have warned that the noisy seismic tests could threaten the population of whales in the area. In June, Denmark’s Arctic oil spill preparedness was found woefully inadequate by experts.

“Shell has already a displayed horrendous breach of security in Alaska, they’ve polluted the entire Niger Delta and now they’re getting ready for Russia and Greenland. The plans should be stopped so Greenland doesn’t become the next Nigeria,” Niels Fuglsang, a spokesperson for the Danish Arctic campaign in Greenpeace, told Ekstra Bladet.
Greenpeace is hoping that politicians in Greenland and Denmark step up and prohibit Shell’s tests before they commence over the next few months.

Special thanks to Richard Charter

Sierra Club: FAIL: How Keystone XL’s tar sands flunk the climate test

tar sands

The Sierra Club

Sierra Club and Oil Change International just released an extensive report, titled “FAIL: How Keystone XL’s tar sands flunk the climate test,” to directly answer President Obama’s pledge to reject KXL if it significantly exacerbates #climate pollution.

Read more about the report: http://sc.org/kxl-fail-climate-test
— with Thomas Edward Pearce.

August 29, 2013
Why Keystone Flunks the Climate Test

In June President Obama set a climate test for his decision on the Keystone XL tar sands pipeline. He said he will not approve the pipeline if it would significantly exacerbate the problem of carbon pollution. Today the Sierra Club, Oil Change International, and 13 partner groups have released a report that settles the issue unequivocally: Keystone XL would be a climate disaster.

Our report, “FAIL: How the Keystone XL Tar Sands Pipeline Flunks the Climate Test,” spells out the full consequences of building the pipeline.

Start with the one fact that the State Department, the U.S. EPA, climate scientists, and even Wall Street and industry analysts all agree on: The Keystone XL tar sands pipeline will create massive amounts of carbon pollution. Tar sands, after all, are the world’s dirtiest and most carbon-intensive source of oil. Oil Change International estimates that the pipeline would carry and emit more than 181-million metric tons of carbon pollution each year. That’s the pollution equivalent of adding 37.7 million cars to U.S. roads, or 51 new coal-fired power plants.

The State Department, though, tried to ignore this 181-million metric ton elephant. It argued in its environmental review of Keystone XL that tar sands development was inevitable, regardless of whether the pipeline is built. That’s not true for several reasons.

Tar sands can be processed only at specialized refineries. The accessible U.S. and Canadian refineries capable of handling it are already at or near capacity. In order to expand production, tar sands producers must reach the U.S. Gulf Coast, where the heavy crude can be refined or, more likely, exported.

Although other pipeline projects have been proposed to export tar sands east, west, and south from western Canada, all of them face legal, technical, economic, and political obstacles that make them unlikely. Using rail is too expensive because tar sands transport requires special heated rail cars and loading terminals. Industry experts and financial firms like Goldman Sachs have already said this will be cost-prohibitive.

Keystone XL is critical for the Canadian oil industry to meet its goal of massive expansion in the tar sands. You don’t need to take our word for it, though. Just this week, Canada’s independent Pembina Institute uncovered documents from the industry itself that make that case. Briefing notes prepared for Canadian natural resources minister (and pipeline proponent) Joe Oliver state: “in order for crude oil production to grow, the North American pipeline network must be expanded through initiatives, such as the Keystone XL Pipeline project.”

The U.S. Interior Department has already joined the Environmental Protection Agency in criticizing the State Department’s environmental review for disregarding how the Keystone XL pipeline would affect wildlife and waterways. Given that we now know the State Department’s review was conducted by a consultant with strong ties to Keystone XL’s backer, TransCanada, and to the tar sands industry, perhaps we shouldn’t be surprised.

In fact, earlier this month, the State Department’s own office of inspector general confirmed that it has opened an into inquiry how its Keystone XL review was conducted. Perhaps the most serious charge is that State Department officials tried to cover up evidence of conflicts of interest.

For an administration that’s actually done many good things on climate, the State Department’s environmental review of Keystone XL is both a failure and an embarrassment. It’s time to kick the oil industry lobbyists out of the room, listen to the scientists, weigh the facts, and reject this pipeline once and for all.

Add your voice to the growing chorus: By President Obama’s own standard, Keystone XL should not be approved.

Grist: Drill next door: Here’s what it looks like when fracking moves in by Erik Hoffner

http://grist.org/article/the-fracking-rig-next-door-photos/

By Erik Hoffner

Grist guest contributor

When my wife and I pulled into a relative’s subdivision in Frederick, Colo., after a wedding on a recent weekend, it was a surprise to suddenly find a 142-foot-tall drill rig in the backyard, parked in the narrow strip of land between there and the next subdivision to the east. It had appeared in the two days we’d been gone.

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The 142 foot derrick looms over homes in Eagle Valley.Erik Hoffner

This couple hundred grassy acres, thick with meadowlarks and bisected by a creek crowded with cattail, bulrush, willow, and raccoon tracks, sits atop the DJ Basin shale deposit. Our folks hadn’t known that when they bought the property last year, nor did they recall any useful notice that this new industrial neighbor was moving in.

We witnessed the increasing phenomenon of rigs popping up in suburban neighborhoods like mushrooms overnight. The craze of the gas rush means that companies won’t hesitate to drill wherever shale deposits lie — even if they’re under a school or a subdivision. The message to homeowners in towns big and small alike seems to be: You are on notice. The ills of fracking that were once viewed as a rural concern — contamination of air and water, noise pollution, reduced safety on roads jammed with heavy trucks — are coming to your backyard, too.

Their neighborhood was now lit 24/7 by floodlights and featured the incessant low grind of the drill’s nearly 900 HP Caterpillar engine, the clanking of roughnecks beating on pipe at 2 a.m., and regular snorts from the rig’s massive 525 HP diesel generator … loud enough that we kept the windows closed to hear the television at night.

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View from the picnic pavilion: nights are flooded with light since the drilling began.

We stared at this potentially toxic tower surrounded on three sides by many homes of the Eagle Valley and Raspberry Hill developments, and on the other side across a county road, by Legacy Elementary School. It seemed that the rig was only about 300 feet from the nearest homes, and about the same to a playground. Definitely too close.

But as a member of Fracking Colorado (which fights such projects in the Denver suburb of Aurora) told me by email, “The setback for wells from homes in urban areas was 350 feet. The new setback rules have increased that distance to 500 feet, but that probably was not in effect when this permit was granted. The new rules are effective as of Aug. 1, 2013. Also, when they re-enter an existing abandoned well, that was there before the homes were built, they can be closer than 350 feet to homes.”
Approximate current location of the rig.
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An aerial map did seem to reveal the presence of a previous wellhead, but the difference between 300, 350, or even 500 feet seemed trivial, given the industry’s uninspiring track record on air and water pollution, plus the occasional explosion.

But then there are energy companies that think they don’t need any meaningful setback at all: Take a current frack-job just to the north. The derrick looms so near roads and powerlines that it’s potentially in direct contact with people in case of an accident, in direct violation of setback rules. Unfortunately for the managers of that project, U.S. Rep. Jared Polis owns a home across the street. His threat of a legal injunction prompted an apology from the company and a $26,000 fine from the state last week, although the drilling continues.

Back in Frederick, concerns of abutters went unheeded. After news of the project eventually became known (rules about notice vary, with some towns only requiring signs be posted on fields in the project area), numerous residents spoke up about safety, congestion, air quality, proximity to the school, and noise.

Interestingly, it’s town-owned land that’s being debated, so I suppose they will be collecting the check, as outlined in the town’s board of trustees meeting minutes on June 11: “Upon approval of the (Surface Use Agreement) and drilling permit application, the Town would be paid … a total of $20,000. In addition, the Town would receive a nominal amount of residual compensation for its share of the minerals …”

Hardly sounds like enough remuneration (a new pickup truck for the highway department?) given the steadily souring opinion of residents, one of which stated in a letter to the trustees on June 11: “Many homeowners have said they didn’t think it would do any good to come to meetings and give their input because it didn’t do any good in past years. Please fight for us, the citizens you represent, and don’t allow (them) to drill in Eagle Valley.”

But the drilling has begun, and a shrieking frack rig is now a regular feature of the hammock time, dog walks, and backyard barbecues of hundreds of people.

Here’s what that looks like:

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Playground view, about 300 or so feet from the rig.Erik HoffnerPlayground view.

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View from the bike path.Erik HoffnerView from the bike path.

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Ironic flame of a tiki torch at a backyard BBQ foreshadowing events to come.Erik HoffnerIronic flame of a tiki torch at a backyard BBQ foreshadowing possible events to come.

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Sunset, trampoline, fracking rig.Erik HoffnerSunset, trampoline, rig.

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Many homeowners wish fences made better neighbors.Erik HoffnerMany homeowners wish fences made better neighbors.

Update: We’ve dropped references to “fracking rigs” as the fracking comes after the drilling.

Special thanks to Erik Hoffner, Outreach Coordinator at Orion Magazine