Tag Archives: Federal Regulation (U.S.)

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.”

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.

 

Railroad lobbyists winning again, in FRA rulemaking

From an email from Dr. Fred Millar
[Editor:  Millar refers here to an excellent series of articles in the Washington Post, “Deadline for train safety technology undercut by industry lobbying“, “Rail-safety deadline extension hitched to must-pass bill on transit funding” and “Senate passes transportation funding stopgap bill and rail-safety extension“.  Dr. Fred Millar is a policy analyst, researcher, educator, and consultant with more than three decades of experience assessing the risks associated with transporting hazardous materials.  – RS]

Railroad lobbyists winning again, in FRA rulemaking

By Fred Millar, October 28, 2015

This week’s excellent Washington Post reports by reporters Halsey and Laris outlined US railroad lobbyists’ ability to secure a three-year delay in implementing the key railroad safety equipment demanded on the original 2015 deadline by Congress in the Rail Safety Act of 2008.  There is a parallel and highly related story, so far unwritten, on how the railroads and allied interests relentlessly gain even more decisive and long-lasting ways to advantage profits over safety.

Even when Congress roused itself to demand more safety as in the 2008 RSIA, the seemingly permanent Reaganite legacy of “starving the beast” of government regulatory agencies grinds on to render the regulations pitifully weak.  Now the timid and under-staffed Federal Railroad Administration is quietly piddling away the once-in-a-generation opportunity from the 2008 law to impose a significant modern safety improvement regime [already seen in many industries] on the mighty railroads.

The public and Congressional alarm at several high-profile fatal rail disasters that led to the 2008 Rail Safety Improvement Act prompted Congress to include a strong mandate on the Federal Railroad Administration to impose a 20th Century type of Risk Reduction Program regime on the railroads.

This surprising loss by railroad lobbyists in Congress – although they secured some weakening amendments – led to strenuous railroad efforts to prevent the FRA from crafting any strong regulations.  The out-gunned FRA effectively suffered a regulatory failure of nerve, and buried the rulemaking process out of sight for four years, gaining only a weak-tea and partial consensus from railroads and rail labor in FRA’s own ad hoc Working Group of industry insiders.  A couple of ill-attended public hearings drew no public attention.

The resulting proposed rule in 2015 had two major safety-weakening features: first, it gave the railroads a new secrecy pot to hide railroads’ own safety risk information from discovery in court proceedings on railroad negligence.  Trial lawyers, citizens and some officials alarmed about the appalling secrecy already granted to railroads, for example in their decisions to route ultra-hazardous crude oil trains through major cities, filed comments opposing this new secrecy grant.

More importantly, FRA proposed to impose on the railroads only “a streamlined version” of a modern Risk Reduction Program regime.  The comprehensive and robust one mandated by Congress would have required significant new efforts by FRA to approve and oversee railroads’ Risk Reduction Programs, and to ensure compliance.  FRA staffers no doubt felt they were not up to that task, so punted the responsibilities —  to each covered railroad to create its own safety regimes and to decide how to measure their own effectiveness, with no federal guidance.

As FRA then-Administrator Joseph Szabo declared shortly after the Lac-Mḗgantic Quebec crude oil train disaster killed 47 in July 2013,  “The movement of this product is a game changer,” [referring to] the sharp rise in trainloads of volatile crude oil from North Dakota and other places. “We have to rethink everything we’ve done and known in the past about safety.” 

Undermining the most significant Congressional rail safety mandates we may ever see is hardly the new beginning we need.

House bill could shield oil train spill response plans from disclosure

Repost from McClatchyDC

House bill could shield oil train spill response plans from disclosure

By Curtis Tate, October 16, 2015
Oil burns at the site of a March 5, 2015, train derailment near Galena, Ill. A bill in Congress would require railroads to have comprehensive oil spill response plans, but would also give the Secretary of Transportation the ability to exempt the details from disclosure. Oil burns at the site of a March 5, 2015, train derailment near Galena, Ill. A bill in Congress would require railroads to have comprehensive oil spill response plans, but would also give the Secretary of Transportation the ability to exempt the details from disclosure. EPA

HIGHLIGHTS

  • Six-year transportation bill includes section on oil trains
  • Obama administration supports public notifications of oil spills, etc.
  • Future transportation secretary could be empowered to protect data

WASHINGTON – A House of Representatives bill unveiled Friday could make it more difficult for the public to know how prepared railroads are for responding to oil spills from trains, their worst-case scenarios and how much oil is being transported by rail through communities.

The language appears in the House Transportation and Infrastructure Committee’s six-year transportation legislation, which primarily addresses federal programs that support state road, bridge and transit projects. But the legislation also includes a section on oil trains.

The U.S. Department of Transportation is working on a rule to require railroads shipping oil to develop comprehensive spill response plans along the lines of those required for pipelines and waterborne vessels. It would also require them to assess their worst-case scenarios for oil spills, including quantity and location.

The House bill would give the secretary of transportation the power to decide what information would not be disclosed to the public.

The secretary would have discretion to withhold anything proprietary or security sensitive, as well as “specific response resources and tactical resource deployment plans” and “the specific amount and location of worst-case discharges, including the process by which a railroad carrier determines the worst-case discharge.”

The House bill defines “worst-case discharge” as the largest foreseeable release of oil in an accident or incident, as determined by the rail carrier.

Four major oil train derailments have occurred in the U.S. since the beginning of the year, resulting in the release of more than 600,000 gallons, according to federal spill data.

Numerous states have released information on crude by rail shipments to McClatchy and other news organizations. DOT began requiring railroads to notify state officials of such shipments last year after a train derailed and caught fire in Lynchburg, Va.

The disclosures were opposed by railroads and their trade associations, which asked the department to drop the requirement. The department tried to accommodate the industry’s concerns in its May final rule on oil train safety by making the reports exempt from disclosure. But facing backlash from lawmakers and emergency response groups, the department reversed itself.

Transportation Secretary Anthony Foxx, and Sarah Feinberg, the acting chief of the Federal Railroad Administration, said the department would continue the disclosure requirement and make it permanent. But a new administration could take a different approach.

“We strongly support transparency and public notification to the fullest extent possible,” Feinberg said in July.

In May, Washington Gov. Jay Inslee signed a bill that would require railroads operating in the state to plan for their worst-case spills.

In April, BNSF Railway told state emergency responders that the company currently considers 150,000 gallons of crude oil, enough to fill five rail tank cars, its worst-case scenario when planning for spills into waterways. A typical 100-car oil train carries about 3 million gallons.

Washington state requires marine ships that transport oil to plan for a spill of the entire cargo.

The Federal Emergency Management Agency conducted a mock derailment in New Jersey in March in which 450,000 gallons of oil was released.

California passed a similar bill last year, but two railroads and a major trade association challenged it in court, claiming the federal laws regulating railroads preempted state laws. A judge sided with the state in June, but without addressing the preemption question.

The House Transportation Committee will consider the six-year bill when lawmakers return from recess next week. The current legislation expires on Oct. 29, and the timing makes a short-term extension likely.

After the committee and the full House vote on the bill, House and Senate leaders will have to work out their differences before the bill goes to the president’s desk.

Samantha Wohlfeil of the Bellingham (Wash.) Herald contributed.