Category Archives: Fracking

Maryland judge orders railroads to release oil train reports

Repost from McClatchyDC

Maryland judge orders release of oil train reports

HIGHLIGHTS
• Case marks first time railroads have lost on the issue in court
• Judge not persuaded that release would harm security, business
• Companies that filed 2014 lawsuit have until Sept. 4 to appeal

By Curtis Tate, August 17, 2015
Tank cars loaded with crude oil head east at Hurricane, W. Va., in May 2014. A Maryland judge has ordered the release of oil train reports to McClatchy and other news organizations. West Virginia and a handful of other states agreed to keep the the reports confidential.
Tank cars loaded with crude oil head east at Hurricane, W. Va., in May 2014. A Maryland judge has ordered the release of oil train reports to McClatchy and other news organizations. West Virginia and a handful of other states agreed to keep the reports confidential. Curtis Tate – McClatchy

WASHINGTON – A Maryland judge rejected two rail carriers’ arguments that oil train reports should be withheld from the public, ordering them released to McClatchy and other news organizations that sought them.

The ruling isn’t the first time railroads have lost their bid to keep the oil train reports secret, but it is the first court decision recognizing the public’s right to see them.

The U.S. Department of Transportation began requiring in May 2014 that railroads inform states of large shipments of crude oil after a series of derailments with spills, fires, explosions and evacuations. Since February, six more major oil train derailments have occurred in North America.

Nonetheless, some railroads have continued to press their case that the reports should be exempt from disclosure under state open records laws. Most states shared the documents anyway, and Pennsylvania and Texas did so after McClatchy appealed. Maryland is the only state that was taken to court after it said it would release the reports.

Norfolk Southern and CSX sued the Maryland Department of the Environment in July 2014 to stop the state agency from releasing the records to McClatchy and the Associated Press. They have until Sept. 4 to appeal the decision, issued Friday by Judge Lawrence Fletcher-Hill of the Circuit Court for Baltimore City.

Both companies, which transport crude oil to East Coast refineries concentrated in Delaware, Pennsylvania and New Jersey, said they would review the decision.

Dave Pidgeon, a spokesman for Norfolk Southern, said the company would “respond at the appropriate time and venue.”

Melanie Cost, a spokeswoman for CSX, said the railroad “remains committed to safely moving these and all other shipments on its network.”

The ruling isn’t the first time railroads have lost their bid to keep the oil train reports secret, but it is the first court decision recognizing the public’s right to access them.

In his 20-page opinion, Fletcher-Hill was not persuaded by arguments that releasing the oil train reports would harm the railroads’ security and business interests. He also dismissed the relevance of the U.S. Department of Transportation’s May final rule addressing the safety of oil trains. The companies had argued that the final rule supported their claims.

He also ordered the companies to pay any open court costs.

In a statement, Maryland Secretary of the Environment Ben Grumbles said the agency was pleased with the ruling and that it is “committed to transparency in government.”

Rail transportation of Bakken crude oil, produced through hydraulic fracturing of shale formations in North Dakota, has grown exponentially in the past five years. However, a series of fiery derailments, including one in Quebec in 2013 that killed 47 people, have raised numerous concerns about public safety, environmental protection and emergency planning and response.

U.S. Transportation Secretary Anthony Foxx issued an emergency order on May 7, 2014, that required any railroad shipping 1 million gallons or more of Bakken crude oil through a state to inform that state’s emergency response commission what routes the trains would take and which counties they would cross, as well as provide a reasonable estimate of how many trains to expect in a week.

Beginning in June 2014, McClatchy submitted open records requests in 30 states for the oil train reports, including Maryland.

McClatchy was able to glean some of the details in the Maryland report through a Freedom of Information Act request to Amtrak, which owns part of Norfolk Southern’s oil train route in the state. The subsequent release of oil train reports in Pennsylvania revealed more about such operations in Maryland.

On Monday, Pennsylvania Gov. Tom Wolf released an 84-page assessment of oil train safety in the state, which examined derailment risk, tank car failures and regulatory oversight. Some Maryland lawmakers have called for the state to perform a similar assessment.

California Gov. Brown: keep the oil in the ground

Repost from the San Francisco Chronicle
[Editor – This report signals a highly significant shift in the discussions surrounding climate change and the oil industry: cut demand … or cut supply?   A must read!  – RS]

Gov. Brown wants to keep oil in the ground. But whose oil?

By David R. Baker, July 26, 2015 8:16pm
California Gov. Jerry Brown, right,  delivers his speech flanked by the head of the pontifical academy of Science, Bishop Marcelo Sanchez Sorondo, during  a conference on Modern Slavery and Climate Change in the Casina Pio IV the Vatican, Wednesday, July 22, 2015.  Dozens of environmentally friendly mayors from around the world are meeting at the Vatican this week to bask in the star power of eco-Pope Francis and commit to reducing global warming and helping the urban poor deal with its effects. (AP Photo/Alessandra Tarantino) Photo: Alessandra Tarantino, Associated Press
California Gov. Jerry Brown, right, delivers his speech during a conference on Modern Slavery and Climate Change in the Casina Pio IV the Vatican, Wednesday, July 22, 2015. (AP Photo/Alessandra Tarantino)

Even the greenest, most eco-friendly politicians rarely utter the words Gov. Jerry Brown spoke at the Vatican’s climate change symposium last week.

To prevent the worst effects of global warming, one-third of the world’s known oil reserves must remain in the ground, Brown told the gathering of government officials from around the world. The same goes for 50 percent of natural gas reserves and 90 percent of coal.

“Now that is a revolution,” Brown said. “That is going to take a call to arms.”

It’s an idea widely embraced among environmentalists and climate scientists. Burn all the world’s known fossil fuel supplies — the ones already discovered by energy companies — and the atmosphere would warm to truly catastrophic levels. Never mind hunting for more oil.

But it’s a concept few politicians will touch. That’s because it raises a question no one wants to answer: Whose oil has to stay put?

“They’ve all got their own oil,” said environmental activist and author Bill McKibben, who first popularized the issue with a widely read 2012 article in Rolling Stone. “Recognizing that you’ve got to leave your own oil — and not somebody else’s — in the ground is the next step.”

Take California.

No state has done more to fight global warming. By 2020, under state law, one-third of California’s electricity must come from the sun, the wind and other renewable sources. Brown wants 50 percent renewable power by 2030 and has called for slashing the state’s oil use in half by the same year.

But he has shown no interest in cutting the state’s oil production. He has touted the economic potential of California’s vast Monterey Shale formation, whose oil reserves drillers are still trying to tap. And he has steadfastly refused calls from within his own party to ban fracking.

“If we reduce our oil drilling in California by a few percent, which a ban on fracking would do, we’ll import more oil by train or by boat,” Brown told “Meet the Press.” “That doesn’t make a lot of sense.”

California remains America’s third-largest oil producing state, behind Texas and North Dakota. The industry directly employs 184,100 Californians, helps support an estimated 271,840 other jobs and yields $21.2 billion in state and local taxes each year, according to the Los Angeles County Economic Development Corporation.

‘Phasing out oil drilling’

Any governor, no matter how environmentally minded, would have a hard time turning that down. Even if many environmentalists wish Brown would.

“Just like we have a plan for increasing renewables, we need a plan for phasing out oil drilling in California,” said Dan Jacobson, state director for Environment California.

It’s difficult for politicians to even talk about something as stark as putting limits on pumping oil, he said.

“Solar and wind and electric cars are really hopeful things, whereas keeping oil in the ground sounds more like doomsday,” Jacobson said.

And yet, Jacobson, McKibben and now apparently Brown are convinced that most fossil fuel reserves must never be used.

The percentages Brown cited come from a study published this year in the scientific journal Nature. The researchers calculated that in order to keep average global temperatures from rising more than 2 degrees Celsius — 3.6 degrees Fahrenheit — above preindustrial levels, the world’s economy can pump no more than 1,100 gigatons of carbon dioxide into the atmosphere between 2011 and 2050. Burning the world’s known fossil fuel reserves would produce roughly three times that amount, they wrote.

Most governments pursing climate-change policies have agreed to aim for a 2-degree Celsius warming limit, although many scientists consider that dangerously high. So far, global temperatures have warmed 0.8 degrees Celsius from preindustrial times.

“The unabated use of all current fossil fuel reserves is incompatible with a warming limit of 2 degrees Celsius,” the study concludes.

Nonetheless, states, countries and companies with fossil fuel reserves all have an obvious and powerful incentive to keep drilling.

The market value of oil companies, for example, is based in part on the size of their reserves and their ability to find more. Activist investors warning of a “carbon bubble” in their valuations have pushed the companies to assess how many of those reserves could become stranded assets if they can’t be burned. The companies have resisted.

President Obama, meanwhile, has made fighting climate change a key focus of his presidency, raising fuel efficiency standards for cars, pumping public financing into renewable power and pushing for cuts in greenhouse gas emissions from power plants.

Cut demand or cut supply

But Obama has also boasted about America’s surging oil and natural gas production — and tried to claim credit for it. Last week, his administration gave Royal Dutch Shell the green light to hunt for oil in the Arctic Ocean. Keeping oil in the ground does not quite square with his “all of the above” energy policy, observers note. At least, not American oil.

“The same government that is working very hard to get a Clean Power Plan is allowing Shell to go exploring for hydrocarbons in the middle of nowhere, oil that may never be producible,” said climate activist and former hedge fund executive Tom Steyer, with audible exasperation.

He notes that Obama, Brown and other politicians intent on fighting climate change have focused their efforts on cutting the demand for fossil fuels, rather than the supply. Most of the policies that climate activists want to see enacted nationwide — such as placing a price on emissions of carbon dioxide and other greenhouse gases — would do the same, ratcheting down demand rather than placing hard limits on fossil fuel production.

“The political thinking is the market itself will take care of figuring out which fossil fuels have to stay in the ground,” Steyer said.

Some climate fights, however, have focused on supply. And again, the issue of whose fossil fuels have to stay put has played a part.

Opponents of the Keystone XL pipeline extension, for example, see blocking the project — which would run from Canada to America’s Gulf Coast — as a way to stop or at least slow development of Alberta’s enormous oil sands. James Hansen, the former head of NASA’s Goddard Institute for Space Studies, famously declared that fully developing the sands would be “game over for the climate.”

Obama has delayed a decision on the pipeline for years. Given America’s own rising oil production, rejecting a project that could be a boon for the Canadian economy would be difficult, analysts say.

“The message would be, ‘We’re not going to help you develop your resources — we’ll essentially raise the cost,’” said UC Berkeley energy economist Severin Borenstein. He is convinced that Canada will develop the tar sands, regardless.

“It’s become such a huge symbol that it’s impossible for Obama to make a decision on it,” Borenstein said. “I think he’s just going to run out the clock.”

Andrés Soto letter: Not fooled by Big Oil and Big Rail

Letter to the editor, The Benicia Herald
[Editor: Note that letters do not appear in the online edition of the Benicia Herald.  Andrés Soto lives in Benicia and is well-known throughout the San Francisco Bay Area for his environmental justice advocacy and his mastery of the saxophone.  I particularly like Andrés’ focus on 19th century historical context.  – RS]

Not fooled by Big Oil and Big Rail

By Andrés Soto, July 23, 2015

Dear Editor:

Andres Soto
Andrés Soto

The recent phenomenon of transporting dangerous, volatile Bakken Crude by rail has created an opportunity for the American people to learn the true motives of Big Oil and Big Rail and what we as impacted communities can do about it.

Continuing derailments, explosions, fires and evacuations have shined the light on the Profit At Any Cost attitude of Big Oil and Big Rail. These industries grew up together in the late 19th century and led to some of the most egregious periods of income inequality, corruption and social conflict in US history.

Now these industries are asking us to trust them and allow them to bring Bomb Trains through our communities, putting our town’s economic viability at risk for a short-term economic gain. Exploding trains all over North America tell us a different story and we are not fooled.

Currently, the Valero Crude By Rail Project and the Phillips 66 San Luis Obispo Crude By Rail Project both put our town at risk for a catastrophe. Communities all over the country are standing up to oppose this high risk venture by Big Oil and Big Rail. Recently, the WesPAC Crude By Rail Project in Pittsburg, California removed the rail part of the project to make it a straight pipeline project.

Fracked Bakken Crude and strip mined Alberta Tar Sands Crude are just two of the Extreme Extracted Crude strategies by Big Oil to bring oil to market that would be better left in the ground. An intelligent global cooling plan to save our planet for future generations and all species requires the we leave the oil beneath the soil!.

Valero has already admitted it can and is bringing Extreme Crude in by barge to the Port of Benicia, thus it does not need the Valero Crude By Rail Project to be profitable. Therefore, it begs the question: Why would we, the people of Benicia, allow this project to proceed when it is just too dangerous?

Global warming is going to cause significant parts of Benicia to be underwater. Shouldn’t we be working on preventing that, rather than trying find ways to contribute to the problem?

We are the people of Benicia and our voices need to be heard! The Benicia Planning Commission and the Benicia City Council have a responsibility to listen to us and do what is in the best interests of ALL Benicians. Stop Valero’s Dangerous Crude By rail Project!!!

Andrés Soto
Benicia, CA

International coalition to put fracking “on trial”

Repost from Oil Change International

Fracking “Goes on Trial”

By Andy Rowell, July 22, 2015

Just as the British Government slashes subsidies for solar power and gears up to open up large swathes of the countryside to fracking, a coalition of human rights lawyers and academics have announced an international tribunal to put fracking “on trial”.

Based on a descendent of the Vietnam War Crimes Tribunal of the sixties, the so-called Permanent Peoples’ Tribunal (PPT), which is based in Rome, is an internationally recognized public opinion tribunal. It functions independently of state jurisdictions.

From June 1979 to the present date, the PPT has held some 40 sessions, including examining the world’s worst chemical disaster at Bhopal in the early eighties which killed thousands of people, injuring hundreds of thousands.

Tribunals apply internationally recognized human rights law and policy to cases brought before them and are nearly identical to traditional courtroom proceedings.

What this allows is ordinary people to compile and submit prima facie evidence about how the shale gas industry has impacted their health, their environment, their livelihood or human rights.

Hearings will be held both in the United States, which has been at the forefront of the fracking boom and the UK, and will take place in front of five to seven jurists experts in international human rights law.

This said, the PPT will be inviting witness testimony from citizens all over the world who will be invited to also hold preliminary mini-tribunals in their own country.

The experts will then decide whether there is sufficient evidence to indict certain nation states on charges of “failing to adequately uphold universal human rights as a result of allowing unconventional oil and gas extraction in their jurisdictions.”

One of the organisers, Dr. Tom Kerns, Director of the Environment and Human Rights Advisory in Oregon USA said: “The Tribunal will consider the human rights dimensions of a range of potential impacts: human and animal health, environmental, climatic, seismic, hydrologic and economic impacts, as well as those on local physical and social infrastructures.”

Dr. Damien Short, Director of the Human Rights Consortium at the University of London, and another one of the instigators of the PPT, added that “Fracking has taken place around the world in spite of serious public opposition and with large numbers of people alleging that their human rights have been ignored by those who supposedly represent them. This PPT aims to consider those allegations in an even handed and judicial way.”

The hearings are not due to start until the Spring of 2017, giving communities affected by fracking enough time to compile the evidence of impact and harm.

Meanwhile, the British Government’s plans to slash subsidies to solar was widely condemned yesterday. Britain’s sole Green MP, Caroline Lucas labeled the Government plans as “short sighted”.

“This cut would further undermine Britain’s commitment to meeting our climate change targets and deepen our addiction to dirty fossil fuels,” she said.

For more on the PPT go here.