Category Archives: fracking

Inside Climate: U.S. Keystone Report Relied Heavily on Alberta Govt-Funded Research State Department review used studies funded by Alberta agencies and carried out by Jacobs Consultancy, a subsidiary of a major tar sands developer

http://insideclimatenews.org/content/us-keystone-report-relied-heavily-alberta-govt-funded-research

By John H. Cushman Jr., InsideClimate News
Feb 7, 2014

Alberta Premier Alison Redford during a speech in Calgary in November 2013. Alberta goverment agencies devoted to expanding oil sands development funded research that was used by the State Department in its environmental review of the Keystone XL pipeline. Credit: Chris Schwarz

The analysis of greenhouse gas emissions presented by the State Department in its new environmental impact statement on the Keystone XL pipeline includes dozens of references to reports by Jacobs Consultancy, a group that is owned by a big tar sands developer and that was hired by the Alberta government-which strongly favors the project.

In the end, the environmental review took into account much of the Jacobs group’s work-though not quite as much as the Alberta government wanted. The State Department report will play a crucial role in the Obama administration’s decision about whether to approve the Canada-to-Texas tar sands pipeline.

The Jacobs Consultancy is a subsidiary of Jacobs Engineering, a giant natural resources development company with extensive operations in Alberta’s tar sands fields. The engineering company has worked on dozens of major projects in the region over the years. Its most recent contract, with Canadian oil sands leader Suncor, was announced in January.

“The Alberta Oil Sands are a very important component of our business,” the parent company said in late 2011, announcing seven new contracts in the region. “Jacobs has a strong history in the area, and we are pleased to support our clients in these initiatives.”
Jacobs’s deep involvement with the expansion of the tar sands extends beyond its engineering activity. Jacobs Consultancy has carried out influential studies assessing the oil sands’ carbon footprint-research that has played a role in in the Obama administration’s review of the Keystone XL.

Two of its widely cited reports were paid for by government agencies in Alberta that are devoted to oil sands expansion.

One, done in 2009, was among a handful of studies chosen by the State Department in its Jan. 31 environmental impact statement to represent a range of estimates of the tar sands’ greenhouse gas impact.

As a rule, the Jacobs carbon footprint estimates of the tar sands oil that would move through the Keystone XL were considerably lower than alternative estimates produced by the U.S. National Energy Technology Laboratory, or NETL, which is part of the Energy Department and is independent of tar sands commercial interests.

Rather than choose a single figure, the State Department presented a range of estimates. Compared to other sources of oil, it said, annual incremental emissions of tar sands oil moving from Alberta to the Gulf Coast through the Keystone would fall between 1.3 million tons of carbon dioxide and 27.4 million tons.

The 1.3 million figure came from Jacobs; the 27.4 million figure from NETL.
A spokesman for Jacobs did not return a call.

The research is significant because President Obama has said he will base his decision on whether the project will “significantly exacerbate” climate-changing pollution.
Alberta has made extensive use of the Jacobs data when its officials have lobbied governments and politicians against imposing strict limits on tar sands imports because of the fuel’s heavy carbon footprint, including in California and in Europe.

The Jacobs Factor
Jacobs may be an unfamiliar name to the public, but it is one of the best-known and often-cited sources by researchers studying the emissions of carbon dioxide from the tar sands and how they compare to other types of fuel. The Congressional Research Service, for example, cited the Jacobs studies in its own survey of the tar sands’ carbon footprint, and they have figured in past environmental impact statements about other tar sands pipelines.

When Alberta sent the State Department its official comments last year seeking tweaks to the Keystone draft environmental report, which was still under review, the name Jacobs occurred two dozen times, on six of the Canadian letter’s 19 pages.

Alberta’s repeated invocations of the Jacobs group’s expert opinions centered on the two influential studies the group wrote in recent years, one published in 2009 and the other in 2012. Both had to do with measuring the carbon footprint of Canada’s tar sands crude oil.
The 2009 study, in particular, has been widely cited since its publication in just about every report examining how much dirtier the tar sands fuel is than other fuels from anywhere in the world.

In the State Department’s final environmental impact statement, as in the draft, the Jacobs group’s work is mentioned repeatedly in the same breath as work by the National Energy Technology Laboratory.

But as Alberta’s government sought to influence the conclusions in the lead-up to the crucial final State Department review, provincial officials wanted the contractors writing the agency’s environmental study to pay more attention to the 2012 Jacobs study than the 2009 one.

The 2012 study contained more recent data, the Canadians pointed out.
It also presented a prettier picture of pollution from the tar sands as compared to pollution from other sources of oil.

Alberta’s government also wanted the State Department in its final review to correct one citation of Jacobs in its bibliographic list of references. It had to do with who funded the 2012 study.

The citation said the 2012 study, like the 2009 study, had been conducted for the Alberta Energy Research Institute, an arm of the provincial government sponsoring research on behalf of tar sands enterprises.

Not so, Alberta noted. Rather, the later work had been commissioned by the Alberta Petroleum Marketing Commission, the province’s other arm-devoted to pushing tars sands as well.

Either way, Alberta had been paying for research to advance its strategic interest in producing more oil from the tar sands and shipping it to more new markets.

That has been a traditional role for Jacobs. Often, its work has been cited-twisted, according to some pipeline opponents-by the governments of Alberta and Canada or by sympathetic research institutes to further the cause of expanding the tar sands and building new corridors for sending its oil abroad, such as the Keystone XL.

Alberta Half Loses
In the end, the final environmental impact statement for the Keystone XL pipeline leaned more heavily on Jacobs’s 2009 study than the 2012 one preferred by Alberta.

The 2009 study was deemed more useful for dealing with the Keystone XL situation, as it compared Canadian crude oil to typical U.S. crudes. The 2012 study was more useful in Canada’s fight to tear down the European Union’s fuel quality directive, a law that would effectively discourage tar sands shipments to refineries in Europe if is carried out.

“Because Jacobs Consultancy (2012) focuses on the European market, this analysis continued to use Jacobs Consultancy (2009),” the final State Department report explained in a footnote.

Either way, the Jacobs work was meant to play down the carbon footprint of tar sands fuels by emphasizing factors that would tend to depress any calculations of the pollution burden.
In its 2009 document, Jacobs explained that previous studies of the carbon footprint of tar sands-such as one by the firm Farrel & Sperling that found the footprint of tar sands fuel to be 41 percent higher than other grades-had neglected to consider various factors that would make the picture look less stark.

Jacobs was hired, it said in the 2009 report, to provide a “fair and balanced” assessment for purposes of countering California’s low carbon fuel standard, which inhibits sales of high carbon fuel like Alberta’s.

That assignment came from Alberta Energy Research Institute, now operating under the name “Alberta Innovates,” and previously known as the Alberta Oil Sands Technology and Research Authority, established in 1974 “to promote the development and use of new technologies for oil sands and heavy crude oil production.”

Special thanks to Richard Charter

Center for Biologic Diversity: Keep Fracking Out of Florida

This is important. Please cut and past the link to sign the petition today. DV

http://action.biologicaldiversity.org/p/dia/action3/common/public/?action_KEY=14974

Keep Fracking Out of Florida
Water drinkers against fracking

House Bills 71 and 157 may seem benign at first glance; they call for the creation of an online registry for fracking in Florida. But if these bills pass, they will pave the way for drillers to come to the Sunshine State, frack our fragile subsurface lands, and expose our productive ecosystems to toxic chemicals.

The bills permit the use of the discredited FracFocus.org as the state’s official registry, and they expressly prohibit the Department of Environmental Protection from requiring the disclosure of chemical compositions or concentrations. The bills also provide an exemption from public records requirements and allow drillers to report their activities two months after fracking begins.

Help protect Florida’s incredible natural resources — our water, forests, wetlands and wildlife. And help keep our skies clear of the methane this practice would produce.

Act now to tell Governor Rick Scott and your legislators to vote no on H.B. 71 and H.B. 157 and keep fracking out of Florida.

UC Berkeley Law-Legal-planet: Offshore Fracking Battles Brewing in the Golden State–Increased attention to fracking off the California Coast; what our state agencies can do about it

Offshore Fracking Battles Brewing in the Golden State


University of California Berkeley School of Law | Energy | Oceans | Regulation | Water
Jayni Hein February 4, 2014

As prior blog posts and reports have detailed, hydraulic fracturing (“fracking”) has been occurring onshore in California for decades, yet without full disclosure to the public or state regulatory agencies. Recently, new reports of offshore fracking in both California and federal waters have surfaced, showing that fracking has also been underway off the coast for many years, including in California’s most biologically sensitive areas. Yet, the California Coastal Commission, which is tasked with protecting California’s marine environment, was not notified about new fracking activity within its jurisdiction, and issued no coastal development permits to allow it.

blue whale

The increased public attention to offshore fracking in the state comes in the wake of a series of stories by the Associated Press in 2013 that revealed at least a dozen offshore fracking operations in the Santa Barbara Channel in federal waters, and additional operations in near- shore waters within California jurisdiction.

Perhaps a reaction to the growing attention to offshore development, last month U.S. EPA, Region 9, announced that it will require oil and gas operators engaged in hydraulic fracturing off the southern California coast to disclose any chemicals discharged into the Pacific Ocean. This disclosure requirement is part of a revised National Pollutant Discharge Elimination System (NPDES) General Permit for offshore oil and gas operations in Southern California.

Risks of Offshore Fracking

Fracking presents risks to the environment, whether on land or offshore. As detailed in our prior Berkeley Law report, fracking
produces hazardous wastewater which must be handled and properly disposed of, poses the risk of well casing failure and spills, and uses precious freshwater resources. Further, fracking injection wells have led to induced seismic events.

Offshore, fracking wastewater is either discharged into the ocean or transported for onshore underground injection. Any well casing failure, spills or blowouts in the ocean will immediately pollute marine waters. Offshore fracking also increases related vessel traffic, with concomitant increases in noise pollution, air pollution, and ship strike mortality for whales and other protected marine mammals.

Much of the recent offshore fracking activity near California has taken place in the Santa Barbara Channel, home to blue, humpback and sperm whales, sea otters, sea turtles, and numerous protected and endangered birds and fish species.

Fracking in California Waters

California, like other states, owns and controls the mineral resources within 3 nautical miles of the coast. The California State Lands Commission halted further leasing of state offshore tracts for new oil and gas development after the disastrous Santa Barbara oil spill in 1969. In 1994, the California legislature codified this ban on new leases of state offshore tracts by passing the California Coastal Sanctuary Act. (See Cal. Pub. Resources Code § 6240, et. seq.).

While California has long had a ban on new drilling offshore, this ban does not prohibit drilling from existing or “grandfathered” platforms in state waters. California’s Department of Oil, Gas & Geothermal Resources (DOGGR), which regulates oil and gas development in the state, has approved individual well drilling plans for at least four such “grandfathered” platforms and five oil and gas producing islands in state waters. And it did so apparently without communicating with the Coastal Commission about this activity. As such, the Coastal Commission never had the opportunity to assess the potential harm to coastal waters from these operations.

The California Coastal Commission has authority to review and potentially prevent the permitting of any activities within state
jurisdiction that may harm the California coast. (See Cal. Pub. Resources Code §§ 30001, 30231). The Coastal Commission is tasked with “protect[ting] the ecological balance of the coastal zone and prevent[ing] its deterioration and destruction.” (Id. § 30001). The Coastal Act requires that the Commission issue a coastal development permit for “any development” in the coastal zone. (Id. § 30600). While the Coastal Commission has delegated most permitting authority to local governments, the Coastal Act specifically requires any development on tidelands, submerged lands, public trust lands, or any major energy facility to obtain a coastal development permit directly from the Coastal Commission. (Id. §§ 30519, 30601).

In evaluating permits, the Commission weighs the environmental impacts of the proposed development against the public benefit, and ensures that the proposed development is consistent with the goals of the Coastal Act. (Id. § 30200, et seq.). And on any public trusts lands, the Coastal Commission, as well as the State Lands Commission, must ensure that any development is consistent with the common law public trust doctrine. (See, e.g., National Audubon Society v. Superior Court (1983) 33 Cal.3d 419, 435-437).

While newly-enacted SB 4 ostensibly applies to both onshore and offshore fracking within the State of California, it does not abrogate the Coastal Commission’s responsibility for protecting the coastal zone. The savings clause in SB 4 eliminates this possibility, and sets DOGGR’s new regulations as a floor, not a ceiling. (See Pub. Res. Code § 3160(n)). At minimum, DOGGR should alert the Coastal Commission to any proposed new or expanded fracking within state waters so that the Commission can exercise its duty to protect the coastal zone.

Fracking in Federal Waters

Three miles off the coast, federal jurisdiction begins and state jurisdiction ends. Here, too, there is a history of long-term bans on new leasing for oil and gas development in federal waters off the California coast, dating back to the Santa Barbara oil spill. But, drilling and production have continued on existing leases, and a limited number of new platforms have been constructed in the area since 1969. The federal Bureau of Safety and Environmental Enforcement (“BSEE”), successor agency to the Minerals Management Service (MMS), regulates offshore oil and gas development and exploration.

There are 23 existing oil and gas development platforms in federal waters off the California coast, many of them in the Santa Barbara Channel. Approximately half of the oil platforms in federal waters in the Santa Barbara Channel discharge their wastewater, which often includes fracking chemicals, directly to the ocean, according to a California Coastal Commission report. U.S. EPA has issued a general NPDES permit for offshore oil and gas platforms to discharge this wastewater; however, the Coastal Commission has raised concerns about inadequate monitoring and enforcement of compliance with the NPDES permit terms. (See Coastal Commission Staff Regulatory Report, p. 9).

In federal waters, the Coastal Commission can demand that fracking receives proper scrutiny under the Coastal Zone Management Act (“CZMA”) and object to any consistency certifications if it finds that fracking will pose a threat to the California coast or coastal waters. The Coastal Zone Management Act provides that any federal license or permit for activities affecting the coastal zone of a state may not be granted until a state with an approved Coastal Management Plan concurs that the activities authorized by the permit are consistent with the Plan. In California, the CZMA authority is the Coastal Commission. The Commission has approved consistency determinations on for only 13 of the 23 existing platforms—the rest predate establishment of the consistency review process by the state. However, BSEE has approved applications for permits to drill and applications for permits to modify as “minor revisions” to these platforms, potentially circumventing consistency review under California’s Coastal Management Plan.

Meanwhile, Rep. Lois Capps (D-CA) has called on the federal government to impose a moratorium on fracking in federal waters off the California coast until a comprehensive study is conducted to determine the impacts on the marine environment and public health– much like the statewide environmental study mandated by SB 4. Capps likely faces an uphill battle in the District, as a similar measure was rejected by the House in late 2013.

calif offshore fracking

Coastal Commission Available Actions

Here in California, the Coastal Commission is holding a follow-up meeting next week to discuss the status of its investigation into offshore fracking. The Commission can take some actions now to protect California’s coast and marine waters by:

* Requiring that oil companies fracking in state waters obtain coastal development permits from the Commission before they are allowed to conduct any operations, including expansion of existing platforms or operations;

* Requiring EPA and BSEE to obtain consistency determinations for all offshore oil and gas fracking activities in federal waters off the California Coast; and

* Issuing guidance to local governments to amend local coastal programs to prevent fracking that threatens coastal waters.

There is also much more that the federal government can do to better regulate offshore fracking. This subject is beyond the scope of this blog post, but I flag this for future research and commentary. The Environmental Defense Center in Santa Barbara recently released a report on this topic.

Special thanks to Richard Charter

Common Dreams: With Review in Hand, Obama Must Now Reject Dirty Pipeline

Published on Friday, January 31, 2014 by Common Dreams

McKibben: “The State Department has given Obama all the room he needs to do what he promised in both campaigns: to take serious steps against global warming.”
– Jacob Chamberlain, staff writer

reject_bnnr
Protestors demonstrated against the Keystone XL pipeline in San Francisco last year. (Photo: Getty Images)The State Department released its Final Environmental Impact Statement (FEIS) of the Keystone XL pipeline on Friday. Environmental groups and climate activists are saying that given Obama’s promise to judge the project on its climate impacts there is no way—given the review’s contents—he can possibly approve it now.

In a press call following the release of the review, 350.org co-founder Bill McKibben said that a close reading of the report shows that the climate impacts it recognizes are undeniable.

“The report concluded that in a scenario where we take climate change seriously and regulate climate pollution, this pipeline will indeed have a ‘significant impact’ on climate change,” said McKibben. “So now we’ll find out if that’s the world Barack Obama and John Kerry want. This report gives President Obama everything he needs in order to block this project. This is the first environmental issue in years to bring Americans into the streets in big numbers, and now they’ll be there in ever greater numbers to make sure the President makes the right call.”

“President Obama now has all the information he needs to reject the pipeline. Piping the dirtiest oil on the planet through the heart of America would endanger our farms, our communities, our fresh water and our climate. That is absolutely not in our national interest. Keystone XL should be rejected.” —Susan Casey-Lefkowitz, NRDC

Following reports in the corporate media indicating that the final environmental review gives the go-ahead for the Obama administration to approve the controversial pipeline, environmental groups are calling this wishful thinking that accepts the spin of the fossil fuel industry. According to climate experts, the report actually corresponds to what the scientific evidence has shown all along—that the Keystone XL pipeline is dangerous, carbon intensive, hard to clean up, and the dirtiest fuel on the planet.

“The new review represents an important shift from prior analyses because it no longer tries to claim that Keystone’s impacts will be negligible,” said Bill Snape, senior counsel with the Center for Biological Diversity. “But even so, the environmental consequences are clear as day: oil spills, polluted rivers, and wildlife directly in harm’s way.”

According to the Sierra Club:

“Even though the State Department continues to downplay clear evidence that the Keystone XL pipeline would lead to tar sands expansion and significantly worsen carbon pollution, it has, for the first time, acknowledged that the proposed project could accelerate climate change,” said Susan Casey-Lefkowitz of the Natural Resources Defense Council. “President Obama now has all the information he needs to reject the pipeline. Piping the dirtiest oil on the planet through the heart of America would endanger our farms, our communities, our fresh water and our climate. That is absolutely not in our national interest. Keystone XL should be rejected.”

“Keystone XL will transport nearly a million barrels of highly toxic tar sands oil through America’s heartland each and every day for 50 years or more — only to have much of it refined and exported,” said Snape. “Along the way it will crush some of the last habitat for endangered species like the swift fox and whooping crane. It’ll pollute water used by millions of people and emit as many greenhouse gases as 51 coal-fired power plants.”

“The State Department acknowledges there is risk to our water and Keystone XL will increase tarsands production,” said Jane Kleeb, Bold Nebraska executive director. “TransCanada is fighting for their bottom line, while farmers and ranchers are fighting for their livelihoods and the Ogallala Aquifer which at one point our Governor stood with us to protect. We are in this fight to win and are confident Pres. Obama will make the right decision and deny the permit.”

“The State Department has given Obama all the room he needs to do what he promised in both campaigns: to take serious steps against global warming,” said McKibben earlier on Friday. “He’s about the only person who hasn’t weighed in on Keystone XL; now we’ll see if he’s good for his word.”

As 350.org said in a press statement: “Don’t let the convoluted process fool you. This is President Obama’s decision and his alone–and he has all the information he needs to reject the Keystone XL pipeline. The President has already laid out a climate test for Keystone XL, that it can’t significantly increase greenhouse gas emissions. It’s clear that Keystone XL fails that test.”

No final decision from the Obama administration has yet been made. The process now opens up to a 30-day public comment period.

And as the Associated Press reports: “The Environmental Protection Agency and other departments will have 90 days to comment before State makes a recommendation to Obama on whether the project is in the national interest. A final decision by the government is not expected before summer.”

On Twitter, key members of the climate movement were pointing out the fallacies and corporate spin they saw in early reporting on the FEIS by some:

Michael Brune @bruneski
Follow

Don’t believe the oil industry’s hype. State Dpt analysis shows tar sands oil is more toxic, more corrosive, & more carbon-intensive. #nokxl
3:22 PM – 31 Jan 2014

Common Dreams: The Guardian Approving Keystone XL Could Be the Biggest Mistake of Obama’s Presidency by Michael Mann

http://www.commondreams.org/view/2014/01/31-6
Published on Friday, January 31, 2014 by The Guardian

A State Department report fails to take into account the full climate impacts of Keystone XL. Who is Obama protecting?
by Michael Mann

keystone-xl-pipeline-prot-006
Keystone-XL-pipeline-prot-006.jpg

I have made my position on the Keystone XL pipeline quite clear. Approving this hotly debated pipeline would send America down the wrong path. The science tells us now is the time that we should be throwing everything we have into creating a clean 21st century energy economy, not doubling down on the dirty energy that is imperiling our planet.

Now that the State Department has just released a final environmental impact report on Keystone XL, which appears to downplay the threat, and greatly increases the odds that the Obama administration will approve the project, I feel I must weigh in once again.

The simple fact is this: if Keystone XL is built, it will be easier to exploit fossil fuel reserves large enough to drastically destabilize the climate. A direct pipeline to refineries and global markets makes the business of polluting the atmosphere that much cheaper and easier.

The only truly accurate examination of the pipeline would include a full cost accounting its environmental footprint. It needs to take into account how much energy is consumed in refining and transporting the crude from oil sands. It must acknowledge that the pipeline would lower the cost and raise the convenience of extracting and exporting the incredibly carbon-intensive deposits of gas.

There are two main issues at stake in the Keystone XL decision: path dependency and US leadership. Path dependency is the term use to describe the fact that once a policy is put into place, it then constrains future options to those within that policy framework. More simply, the choices we make now determine what choices we get to make in the future.

A classic example is the “qwerty” keyboard layout. Even though this layout may not be the most efficient, it was the first one, and so it became the standard. New keyboard layouts would have to compete with an established format, meaning consumers would have to adapt to a new system they had no experience with. On the basis solely of legacy, inferior standards or policies remain in place, more or less out of inertia.

So, looking through the lens of path dependency, what does the Keystone XL project look like?

It looks like decades of extracting high-CO2 fuel at a time when we should be winding down such carbon intensive resource exploitation. It looks like decades of oil spills across America’s heartland written off as an acceptable side effect of making money. It looks like decades of continued political lobbying against any CO2-limiting regulations.

If approved and built, it looks like the United State is failing to take climate change seriously by virtually guaranteeing the massive Canadian oil sands reserved are exploited. That, I’m afraid, is the real threat of Keystone XL – the loss of US status as a global leader.

As the world looks to 2015 for the establishment of legally binding emissions targets, it is looking to the US for inspiration and leadership. While opponents of carbon regulations routinely point to China and India as an excuse for further inaction, the US is still the dominant force in world politics. If Obama puts his foot down and tells us the pipeline will not be built, he will be telling the world that the United States is committed to a future powered by clean renewable energy. For better or for worse, as the US goes so goes the planet.

If the United States takes the climatologically necessary step of preventing the Keystone pipeline, it sends a message more powerful than any protest, watered down regulation or rosy proclamation. It says that business as usual is no longer an option. It says carbon pollution is a serious problem. It says that we will no longer be held hostage by ideologues demanding, “More fossil fuels, or the economy gets it!”

Protecting our planet from Keystone XL would protect US standing on the global stage, and by reassuring all nations that the United States takes climate change seriously, it would protect international negotiations from devolving into a finger pointing, blame shifting debacle. Protecting us from Keystone XL would protect us from decades of continued foreign influence on US energy policy. Protecting us from Keystone XL would protect US land from oil spills and leaks.

Most importantly, protecting us from Keystone XL would protect our atmosphere from one of the most carbon-intensive fuels ever discovered.

If the president won’t protect us, who is he protecting?
© 2014 Guardian News and Media
Michael Mann

Michael Mann is Distinguished Professor of Meteorology at Penn State University. He was recognised with other Intergovernmental Panel on Climate Change authors for their contribution to the IPCC’s 2007 Nobel Peace Prize. Follow him @MichaelEMann