All posts by Roger Straw

Editor, owner, publisher of The Benicia Independent

LATEST DERAILMENT: Crude oil train derails in Saint John, New Brunswick

Repost from CBC News

Minor train derailment in east Saint John leaves some uneasy

Several cars carrying crude oil slipped off the tracks but there was no spill

CBC News, Nov 06, 2015 6:17 PM AT
A minor train derailment in east Saint John on Thursday has some people concerned about what could happen should a major accident occur.
A minor train derailment in east Saint John on Thursday has some people concerned about what could happen should a major accident occur. (Timothy Pennell/CBC)

NB Southern Railway was still on scene in east Saint John on Friday, making repairs after a minor derailment.

On Thursday, three cars loaded with crude oil slipped off the tracks around 10:20 a.m.

While there was no spill, it did have some thinking about the potential for damage.

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A piece of broken track at the site of a minor train derailment in east Saint John. (Timothy Pennell/CBC)

Area resident Chris Likourgiotus said, “I think it would scare anybody having any kind of leak close to any residential or business anywhere in Canada.

“I think this is one reason why it might not be a bad idea to have Canada East pipeline.”

For some businesses next to the tracks, news of the derailment was disconcerting.

Todd Fougere owns a graphics and signs business.

“You know, you do see them time to time come through and put some new boards under and that sort of thing.   But again, I don’t know the rules and regulations so you just hope somebody is looking out,” he said.

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Environmentalist Sharon Murphy says she’s concerned about crude being stored in the middle of the city. (CBC)

However, environmentalist Sharon Murphy says trust shouldn’t have to be earned, especially since there was no consultation over storing so much crude oil in the middle of the city.

“Heaven forbid there’s an explosion, when that happens the citizens don’t have a clue what to do,” she said.

“We are working and living directly beside this very dangerous area in the city, and never were we consulted.”

NB Southern Railway says it will conduct its own investigation into the cause of the derailment.

Because this isn’t a federal line, the Transportation Safety Board will not be conducting an investigation.

The province says the severity of the derailment does not warrant its own investigation.

Obama Rejects Keystone XL Pipeline in Key Win for Climate, Wildlife

Repost from the New York Times

Obama Rejects Construction of Keystone XL Oil Pipeline

By Coral Davenport, Nov. 6, 2015


WASHINGTON — President Obama on Friday announced that he had rejected the request from a Canadian company to build the Keystone XL oil pipeline, ending a seven-year review that had become a flash point in the debate over his climate policies.

Mr. Obama’s denial of the proposed 1,179-mile pipeline, which would have carried 800,000 barrels a day of carbon-heavy petroleum from the Canadian oil sands to the Gulf Coast, comes as he is seeking to build an ambitious legacy onclimate change.

“The pipeline would not make a meaningful long-term contribution to our economy,’’ the president said in remarks from the White House.

The move was made ahead of a major United Nations summit meeting on climate change in Paris in December, when Mr. Obama hopes to help broker a historic agreement committing the world’s nations to enacting new policies to counter global warming. While the rejection of the pipeline is largely symbolic, Mr. Obama has sought to telegraph to other world leaders that the United States is serious about acting on climate change.

The once-obscure Keystone project became a political symbol amid broader clashes over energy, climate change and the economy. The rejection of a single oil infrastructure project will have little impact on efforts to reduce greenhouse gas pollution, but the pipeline plan gained an outsize profile after environmental activists spent four years marching and rallying against it in front of the White House and across the country.

The rejection of the pipeline is one of several actions Mr. Obama has taken as he intensifies his push on climate change in his last year in office. In August, he announced his most significant climate policy, a set of aggressive new regulations to cut emissions of planet-warming carbon pollution from the nation’s power plants.

Republicans and the oil industry had demanded that the president approve the pipeline, which they said would create jobs and stimulate economic growth. Many Democrats, particularly those in oil-producing states like North Dakota, also supported the project. In February, congressional Democrats joined with Republicans in sending Mr. Obama a bill to speed approval of the project, but the president vetoed the measure.

Both sides saw the Keystone rejection as a major symbolic step, a sign that the president was willing to risk angering a bipartisan majority of lawmakers in the pursuit of his environmental agenda. And both supporters and critics of Mr. Obama saw the surprisingly powerful influence of environmental activists in the decision.

“Once the grass-roots movement on the Keystone pipeline mobilized, it changed what it meant to the president,” said Douglas G. Brinkley, a historian at Rice University who writes about presidential environmental legacies. “It went from a routine infrastructure project to the symbol of an era.”

Activists protested against the proposed Keystone pipeline outside the White House in January. Credit Doug Mills/The New York Times

Environmental activists cheered the decision as a vindication of their influence. They had sought to block construction of the pipeline because it would have provided a conduit for petroleum extracted from the Canadian oil sands. The process of extracting that oil produces about 17 percent more planet-warming greenhouse gases than the process of extracting conventional oil.

But numerous State Department reviews concluded that construction of the pipeline would have little impact on whether that type of oil was burned, because it was already being extracted and moving to market via rail and existing pipelines.

“From a market perspective, the industry can find a different way to move that oil,” said Christine Tezak, an energy market analyst at ClearView Energy Partners, a Washington firm. “How long it takes is just a result of oil prices. If prices go up, companies will get the oil out.”

However, a State Department review also found that demand for the oil sands fuel would drop if oil prices fell below $65 a barrel, since moving oil by rail is more expensive than using a pipeline. An Environmental Protection Agency review of the project this year noted that under such circumstances, construction of the pipeline could be seen as contributing to emissions, since companies might be less likely to move the oil via expensive rail when oil prices are low — but would be more likely to move it cheaply via the pipeline. The price of oil has plummeted this year, hovering at less than $50 a barrel.

The recent election of a new Canadian prime minister, Justin Trudeau, may also have influenced Mr. Obama’s decision. Mr. Trudeau’s predecessor, Stephen Harper, had pushed the issue as a top priority in the relationship between the United States and Canada, personally urging Mr. Obama to approve the project. Blocking the project during the Harper administration would have bruised ties with a crucial ally. While Mr. Trudeau also supports construction of the Keystone pipeline, he has not made the issue central to Canada’s relationship with the United States, and has criticized Mr. Harper for presenting Canada’s position as an ultimatum, while not taking substantial action on climate change related to the oil sands.

Mr. Trudeau did not raise the issue during his first post-election conversation with Mr. Obama..

The construction would have had little impact on the nation’s economy. A State Department analysis concluded that building the pipeline would have created jobs, but the total number represented less than one-tenth of 1 percent of the nation’s total employment. The analysis estimated that Keystone would support 42,000 temporary jobs over its two-year construction period — about 3,900 of them in construction and the rest in indirect support jobs, like food service. The department estimated that the project would create about 35 permanent jobs.

Republicans and the oil industry criticized Mr. Obama for what they have long said was his acquiescence to the pressure of activists and environmentally minded political donors.

Michael Whatley, the vice president of Consumer Energy Alliance, a group that lobbies for the fossil fuel industry, released a statement Friday expressing disappointment in Mr. Obama’s decision.

He has thumbed his nose at more than two thirds of Americans who support reducing energy imports from unfriendly nations; who support job creation; who support friendly relations with our Canadian neighbors; who support regulatory decisions based on science, not politics; and who support big ideas and big achievements.

“This decision clearly flies in the face of volumes of scientific evidence that shows the Keystone XL pipeline would be safe, enhance environmental standards, and be a more cost-effective alternative to importing oil from overseas.”

Senator John Barrasso of Wyoming, the chairman of the Senate Republican Policy Committee, said: “It’s a bellwether decision by the president. I think the president made his decision to side with special interests, and that’s the way I see him going for the final two years.”

Benicia Mayor: Public comment period closed – now what?

From an email by Benicia California Mayor Elizabeth Patterson
November 5, 2015

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Public Comment Period Closed on Recirculated Draft Environmental Impact Report for Valero Proposed Crude by Rail Project. 


What happens next?

Last week the extended Valero Crude by Rail Recirculated Draft Environmental Impact Report (RDEIR) public comment period closed.  People are asking, “now what?”.

Following are some of the scenarios that could happen.  The list is in no way indicative of my thoughts or opinions and I have not asked for validation of any of the following scenarios by city staff.  But the list does represent some of the questions and scenarios being asked by the public.  I anticipate these kinds of questions will be raised at the Planning Commission hearing on the FEIR and project.  I take full responsibility for any errors and will correct such in future e-Alert update on Crude by Rail.

Scenarios:

1.  The staff and environmental consultants will estimate the work needed to respond to all the comments on both the original draft EIR and the RDEIR and advise the applicant.  If applicant agrees to proceed, the responses will be in the Final Environmental Impact Report  for consideration by the Planning Commission.

Or the applicant could appeal the staff decision.  I believe the appeal would be heard by the Planning Commission.  If they agreed with staff, the applicant could appeal to Council seeking relief from the staff and PC decision.  There would be no work done until the appeal is heard or the applicant agrees to fund the response document.  Read further for other permutations of further “delay”.

2.  If applicant agrees to proceed, the responses will be in the Final Environmental Impact Report  for consideration by the Planning Commission.

The public can comment at the Planning Commission FEIR hearing or in writing prior to the public hearing.  Generally, good practice is  staff (consultants) respond at the FEIR hearing which can be verbal or the item can be continued for written response though technically this is not like the draft EIR process.

Staff, consultants and outside attorney would prepare findings to be considered by the Planning Commission.  In the past for other projects the city sometimes has provided both possibilities for findings:  findings that the FEIR is adequate or findings that it is not.  The Planning Commission can find the FEIR adequate to decide on the project.  The Planning Commission could find that the FEIR is an adequate – though not a perfect assessment of the physical effects on the environment – and approve or deny the project.

The Planning Commission could find that the FEIR is not adequate for a decision to approve or deny.

Conventional wisdom is that either decision would be appealed.

3.  There can be an appeal at any step described above including decisions by staff and Planning Commission.  Appeals of staff go to the Planning Commission and their decision can be appealed to the City Council.  If any appeal moves forward, the City Council would have public hearing on any of the staff decisions and/or Planning Commission regarding the FEIR and the project.  The City Council could uphold the decisions of the staff and/or Planning Commission as in scenario #2 or not.

Depending on these actions and decisions there could be legal action.  Until legally decided, there would be no work done to advance the project process and staff time and effort would be to respond to legal action.

5.  Some experts and written opinions from the federal Surface Transportation Board and some legal opinions assert that if the California Environmental Quality Act (CEQA) causes undue delay in rail transportation, that the feds could act preemptively and “overrule” CEQA.  Others suggest that that does not apply to local land use permits.  Others may have more information on how this process would work.

6.  City Council could certify the FEIR and deny or approve the project.  Conventional wisdom is that there would be a lawsuit challenging the decision based on CEQA and local permitting process.  The city is indemnified by the agreement with the applicant, meaning the applicant pays for all legal defense.  Some lead agencies hire the defense attorneys and the applicant pays for the defense.  Other lead agencies have been known to let the applicant choose the attorneys and pay directly for the defense.  The city is the lead agency.

7.  The applicant chooses not to pay for the defense of the CEQA document and land use permit law suit.  City stops the processing and defense.  There is a time factor involved in CEQA lawsuits.

The best place to get accurate current information on the process is with staff.  To get started, click here.  Another source is the Benicia Independent which is editorially opposed to the Crude by Rail project and selective about letters but does provide links that are easier to access.  It is also a comprehensive source of current news.  There is no comparable site in favor of Crude by Rail.  Stay tune for developments in this area.

U.S. Senators introduce “Keep It In the Ground Act”

Repost from the Independent Journal

Bernie Sanders Announces Plan to Strangle the Booming Fossil Fuel Industry in America

By Michael Hausam, November 5, 2015
Democratic presidential candidate Sen. Bernie Sanders, center, and Sen. Jeff Merkley (l) announce new climate legislation, Nov. 4, 2015, during a news conference on Capitol Hill in Washington. (Photo: AP)

The just-introduced “Keep It In the Ground Act,” co-sponsored by Bernie Sanders, would halt new oil and gas exploration on federal lands and offshore waters. It also would terminate any existing leases that aren’t currently producing.

The bill is also sponsored by Senators Barbara Boxer (D-CA), Ben Cardin (D-MD), Kirstin Gillibrand (D-NY), Patrick Leahy (D-VT), and Elizabeth Warren (D-MA).

In an announcement at the Capitol in D.C., Sanders said that the end result of the legislation would be to make sure that:

“over 90 percent of the potential carbon emissions from oil, gas and coal on our federal lands and federal waters (would stay) underground forever.”

The motivation for the bill is to combat climate change. In Sanders’ statement at the rally, he took a shot at his Republican opponents, whom he characterized as deniers:

“But somehow — somehow! — when it comes to climate change there are massive attacks on scientists who tell us the truth about climate change. Worry less about your campaign contributions, worry more about your children and grandchildren. The debate is over.”

Of course, this bill only addresses the supply side of fossil fuels and does nothing about addressing the demand for oil and gas – other than via necessarily driving up the costs of gasoline, electricity, and others that depend on their availability.

Stopping the availability of using federal lands for fossil fuels is a key priority for the anti-fossil fuels movement.

With roughly half of the remaining unexploited fossil fuels in the U.S. being on those lands, according to Grist, the jobs and fuels from this battle will make a huge difference for groups warning about global warming, as well as people who care about cheap fuel for economic growth and prosperity.