Category Archives: Water quality

Whistleblowing Alberta oil sands doctor fired abruptly

Repost from the National Observer, Vancouver BC

Whistleblowing Alberta oil sands doctor fired abruptly

By Warren Bell in Opinion | May 11th 2015
Photo by Andrew S. Wright of Dr. John O’Connor in Ft. McKay medical centre

My friend and colleague Dr. John O’Connor has just been fired, without cause, and without advance notice.

After 15 years of committed service, his termination came on May 8 without the slightest warning.

“Please be advised that Nunee Health Board Society no longer requires your professional services to provide any patient consultation or on-call services to the staff at the Fort Chipewyan Health Center.”

And just in case that wasn’t hard-edged enough:

“In addition, you have no authority to speak to or represent the Nunee Health Board Society in any way to any other individual, party or entity (sic)”

So hastily was this letter of dismissal sent to Dr. John O’Connor, on-call family physician for the 1200 citizens of the remote community of Fort Chipewyan, that there was no date on the top of the letter, and not even a period at the end of one of the sentences.

Even more peculiar – and suggestive of behind-the-scene machinations – the letter carelessly contained a request that he submit invoices by April 30 for services not already compensated.

The letter, from Roxanne Marcel, chairperson of the Nunee Health Board Society, came as an attachment to one-line email sent to him last Friday by Caroline Adam, health director of the same body. O’Connor said neither has responded to his repeated attempts to contact them.

A few hours before he was fired, Dr. O’Connor said he had spoken to two medical colleagues associated with the community, who made no mention of any plans to replace him. Shortly after, he received the notice of termination.

Then he received an email thread indicating that plans to replace him had already been established, prior to his conversation with his two colleagues.

This extraordinary sequence of events has all the hallmarks of a politically motivated drama.

That’s because John O’Connor is no ordinary family physician. Twelve years ago, he diagnosed an unusual number of cancers of the bile duct in the tiny northern hamlet of Fort Chipewyan, located downstream of the oil sands. The condition is familiar to Dr. O’Connor because his own father died from this same illness in 1993.

He also noted higher-than-average rates of other kinds of diseases, as well as persistent reports from local hunters and fishermen of unpleasant changes in the wildlife in the region – such as dead and disappearing muskrat, and fishes with strange deformities. He wondered if these circumstances had to do with the pollution from the oil sands companies.

In 2006, the CBC reporter contacted O’Connor, who said publicly, for the first time, that he felt there was a looming public health issue in the region.

Dr. John O’Connor’s data was challenged by Health Canada and public health officials in Alberta, and he was threatened with loss of his license because he had raised “undue alarm”.

Eventually he was cleared of all charges and complaints, but the process, which took several years to resolve, changed him forever.

Last year he told Desmog Canada that he emerged a “much tougher person.”

Nothing, however, prepared this family physician for what happened a couple of days ago.

“I am at a huge loss to explain this,” he said. “I feel like I’ve lost a family member.”

The timing of his abrupt dismissal is curious. About three weeks ago, renowned physician Dr. Esther Tailfeathers, who had been spending a week every month in Fort Chipewyan for the last three years, suddenly ended her service, without explaining why to the staff at the nursing station where she worked.

In a long article published in the Edmonton Journal on March 29, she had commented that “it is really difficult to keep nurses in the community and it is certainly hard to recruit physicians.

Dr. Tailfeathers was loved and respected in the community. The nurse in charge of the health clinic called her “really amazing”. Her departure was just as mysterious as the abrupt dismissal of Dr. O’Connor.

John O’Connor has been supplying on-call services, 24/7, for 15 years. He has answered calls while traveling in other countries, from holiday locations, and even from the shower, walking nursing and paramedic staff in Fort Chipewyan through challenging medical emergencies whenever they occurred. On a number of occasions over the years, he offered to reduce his fees if the Nunee Health Board Society was having trouble meeting them. In fact, reduced his invoice for August 2014 to February 2015 by 50 per cent at the request of Caroline Adam, the person who sent him the one-line email on May 8.

That a respected First Nation physician would suddenly disappear from the community, and then three weeks later Dr. O’Connor would be abruptly terminated raises important questions as to what is going on behind the scenes.

Whatever the cause of his dismissal, we can all be sure of one thing: Dr. O’Connor, after a decade-long crusade to draw international attention to the health problems of those living downstream of the oil sands, is unlikely disappear quietly.

Aided by his many friends and colleagues, he will undoubtedly discover who is responsible for ushering him out the door, cutting him off from the community he loves, and and continue advocating for the health of that community.

His story will continue to unfold.

Federal Fracking Ban Re-introduced: Protect Our Public Lands Act, H.R. 1902

Press release, Rep. Jan Schakowsky (D-IL)
[Editor: Food & Water Watch supports the bill with a petition here.  “We know that this is just a first step — that in this political climate it seems like it’s nearly impossible to move things forward — but together we can build momentum to protect the lands that are such an important part of our country.”  – RS]

On Earth Day Pocan and Schakowsky Introduce Strongest Federal Fracking Ban in the U.S.

WASHINGTON, DC — On Earth Day, U.S. Reps. Mark Pocan (D-WI) and Jan Schakowsky (D-IL), members of the Safe Climate Caucus, introduced the Protect Our Public Lands Act, H.R. 1902. The legislation is the strongest anti-fracking bill introduced in Congress to date and would ban fracking on public lands.

“Our national parks, forests and public lands are some of our most treasured places and need to be protected for future generations,” said Rep. Mark Pocan. “It is clear fracking has a detrimental impact on the environment and there are serious safety concerns associated with these type of wells. Until we fully understand the effects, the only way to avoid these risks is to halt fracking entirely. We should not allow short-term economic gain to harm our public lands, damage our communities or endanger workers.”

“Today is Earth Day – a time to renew our commitment to protecting the air we breathe, the water we drink, and the planet we all call home,” said Rep. Jan Schakowsky. ‘Our public lands have been preserved and protected by the federal government for over one hundred years.  We owe it to future generations to maintain their natural beauty and rich biodiversity.  I believe the only way to do that is to enact the Protect Our Public Lands Act, and I will continue to fight to see that happen.”

“Our public lands are a shared national heritage, and shouldn’t be polluted, destroyed, and fracked to enrich the oil and gas industry,” said Wenonah Hauter, Executive Director of Food & Water Watch. “Ironically, the President is speaking in the Everglades today, a unique and fragile ecosystem that is threatened by nearby fracking on public land. Congress must follow Congressman Pocan and Congresswoman Schakowsky’s bold leadership and ban fracking on these lands, so that future generations can enjoy these special places.”

Mounting evidence shows that fracking threatens our air, water and public health. To make matters worse, reports have shown that existing fracking wells on public lands aren’t being adequately inspected, creating even more potential for disastrous accidents. Right now, about 90 percent of federally managed lands are available for oil and gas leasing, while only 10 percent are reserved for conservation, recreation, wildlife and cultural heritage.

The Protect our Public Lands Act, H.R. 1902 prohibits fracking, the use of fracking fluid, and acidization for the extraction of oil and gas on public lands for any lease issued, renewed, or readjusted. The legislation is endorsed by the Food and Water Watch, the American Sustainable Business Council, Environment America, Friends of the Earth, Center for Biological Diversity, Progressive Democrats of America.

Washington’s Swinomish sue to halt Bakken oil trains

Repost from High Country News

Washington’s Swinomish sue to halt Bakken oil trains

Many communities fight transport of crude oil through their towns; some find legal footing to succeed.

By Kindra McQuillan, April 16, 2015, Web Exclusive

To the Coastal Salish people living on Washington’s Swinomish Reservation, water remains an important aspect of daily life. Their ancestors fished for salmon at the mouths of Northwestern rivers and gathered shellfish on Pacific tidelands; modern Swinomish people still pursue these activities from their small reservation on the Puget Sound. Many fish for their own subsistence, and many work as employees of the Swinomish Fish Company, which serves international markets.

The Swinomish Reservation is surrounded by water. Swinomish Channel and Swinomish Reservation. Photograph courtesy of Joe Mabel

Even so, for more than 20 years, the Swinomish have consented to strictly regulated use of a railroad that crosses waters on either side of their island reservation. The track, operated by Burlington Northern Santa Fe LLC, crosses a swing bridge over Puget Sound’s Swinomish Channel, passes several Swinomish businesses, and then crosses a trestle over Padilla Bay, originally on its way to Anacortes, where it historically delivered lumber. A legal agreement between the tribe and the company limited the amount of traffic that would cross the reservation and waterways to Anacortes and required the company to inform the tribe about its cargo.

In the 1990s, the last section of railroad to Anacortes was removed, and the tracks ended on March Point, which houses two oil refineries. Burlington Northern fell behind on their annual reports, and the tribe assumed the trains were carrying supplies to the refineries.

But in 2012, reservation residents began to see 100-car trains—four times as long as the agreed maximum length. Then an Anacortes newspaper reported that the trains were carrying Bakken crude, a volatile oil that has figured in numerous train explosions in recent years, some of them deadly.

Burlington Northern had not informed the tribe that the cars carried this new, dangerous cargo, and ignored tribal requests to desist. So last week, the tribe filed a lawsuit in federal court. The suit asks the court to reinforce the original car limit and to prohibit the transport of Bakken crude via rail across the reservation.

“It’s not a matter of if another train will blow up; it’s a matter of when,” Brian Cladoosby, chairman of the Swinomish tribe, recently told me. “We want to make sure it doesn’t happen in our backyard.”

Police helicopter view of Lac-Mégantic, Quebec, the day a Bakken oil train derailed, killing 47 people in 2013. Photograph courtesy of Sûreté du Québec.

But while many Western communities are grasping for protection against dangerous shipments of crude oil, the Swinomish tribe has a unique instrument for getting it done.

The instrument has to do with the way tribal trust lands work. Tribal trust land, unlike much off-reservation land, requires consent from both the federal government and the tribe before utilities and railroad companies can build infrastructure. But for a century, Burlington Northern and its predecessor companies broke this law by maintaining a railway on the Swinomish reservation without consent from either. In the late 1970s, the tribe sued the company for a century of trespass, reaching a settlement in 1991 that gave the company an easement for continued use of the railway, albeit with a few restrictions: No more than one train could cross the reservation per day in each direction, none could have more than 25 cars, and Burlington Northern would have to inform the tribe of the trains’ cargo at least once per year.

Then came the Bakken boom, and with it a dramatic increase in traffic as trains rushed to carry oil from the Bakken to the West Coast, where ports could take the fuel to international markets. After seeing the traffic increase on their reservation, “the tribe had conversations with Burlington Northern,” says Stephen LeCuyer, director of the office of tribal attorney. “But in the meantime the tribe was seeing explosive derailments of Bakken oil trains, and reached the conclusion that they would not consent to an increase of over 25 cars per day.” After the tribe brought their concerns to Burlington Northern, the company said it wanted to negotiate. Meanwhile, the oil trains kept rolling.  That led to last week’s suit.

Burlington Northern has yet to file their case, but in a statement, company spokesperson Gus Melonas argues that it has a legal obligation to carry the oil.  “As a common carrier, we are obligated under federal law to move all regulated products, which ensures the flow of interstate commerce,” he said in a statement.

“The Easement Agreement includes a mechanism to address rail traffic volumes to meet shipper needs, and we have been working with the Swinomish Tribe for several years to resolve this issue.” The mechanism Melonas refers to is a stipulation in the agreement, wherein the tribe agrees not to “arbitrarily withhold permission to increase the number of trains or cars when necessary to meet shipper needs.”

To the tribes, this mechanism is null. Given the dangerous nature of Bakken crude, the tribe is confident it’s not making an arbitrary decision “in any way,” LeCuyer says.

Their complaint was filed with the U.S. District Court for the Western District of Washington, and was formally served on April 10. Burlington Northern must now file a response within 21 days of the formal complaint. At that point, the court will issue a schedule for hearings, and the case will eventually be decided by U.S. District Judge Robert Lasnik.

Jan Hasselman, an attorney with Earthjustice, an environmental law group that has handled many cases related to oil transportation, said the Swinomish argument appears “airtight.”

“BNSF made an agreement with them, and it violated that agreement,” he said. But Hasselman added that the case wouldn’t likely set a precedent for other communities. “Their agreement is pretty unique,” he said. “But this is yet another example of communities all across the country in different ways rising up to the threat of crude oil transportation.”

Last week, the National Transportation Safety Board issued urgent recommendations calling for the improvement of unsafe oil-tank train cars. Politicians like Sen. Maria Cantwell, D-Washington, and Seattle Mayor Ed Murray, D, are calling for greater oil train safety.

Earlier this year, Washington’s Quinault tribe was able to slow shipping of crude-by-rail near their reservation by challenging oil terminals that were being built without an environmental impact statement.

Meanwhile, the Swinomish Tribe is also testifying against a Canadian pipeline that would carry crude oil to ports in the Salish Sea, the body of water that encompasses the Strait of Georgia, the Strait of Juan de Fuca, and the Puget Sound. Alternative forms of oil transportation, like pipelines and barges, may be safer to human communities, but they would still put fisheries at risk.

“We, of course, always have concern about tankers hitting our reefs,” Cladoosby says. “Thank God that has never happened. We live on an island surrounded by water. We’ve lived here since time immemorial, and the Creator has blessed us with every species of wild salmon. We work very hard to take care of it.”

Swinomish Chairman Brian Cladoosby and his father. Photograph courtesy of Flickr user Ecotrust.
Kindra McQuillan is an editorial intern with

High Country News.

Little known Concord fault poses threat to Bay Area refineries, Benicia-Martinez rail bridge…

Repost from The Contra Costa Times

Little known Concord fault poses big threat

By Matthias Gafni, 04/11/2015 12:43:56 PM PDT
Cracks are visible in the roadway on Systron Drive in Concord, Calif., photographed on Tuesday, March 24, 2015. The cracks, cited by USGS geologist Dave Schwartz, are likely caused by movement of the Concord fault. The lesser-known Concord fault creeps ever so slightly annually. (Dan Honda/Bay Area News Group) ( Dan Honda )
Cracks are visible in the roadway on Systron Drive in Concord, Calif., photographed on Tuesday, March 24, 2015. The cracks, cited by USGS geologist Dave Schwartz, are likely caused by movement of the Concord fault. The lesser-known Concord fault creeps ever so slightly annually. (Dan Honda/Bay Area News Group) ( Dan Honda )

CONCORD — A mysterious earthquake fault slices under central Concord, its jagged, quarter-mile-wide seam running beneath a critical fuel-pumping facility, traversing the edge of a refinery processing 166,000 barrels of crude oil daily, and undercutting strip malls and homes.

While its big sisters, the San Andreas and Hayward fissures, grab the headlines, the Concord Fault — with its 11-mile-long fracture zone stretching from the Carquinez Strait to the Mount Diablo foothills — is also capable of producing a catastrophic earthquake, geologists say. And with critical infrastructure in its path, particularly refineries and a vulnerable railroad bridge not far away, a large seismic event could leave the entire northern half of the state without easy access to fuel — disrupting transportation and the transmission of electricity and water, according to a recent study.

According to USGS geologist Dave Schwartz, Kinder Morgan's Concord Station sits close to a earthquake fault in Concord, Calif., photographed on Friday, March 27, 2015. The lesser known Concord fault creeps ever so slightly annually. (Dan Honda/Bay Area News Group) ( Dan Honda )
According to USGS geologist Dave Schwartz, Kinder Morgan’s Concord Station sits close to a earthquake fault in Concord, Calif., photographed on Friday, March 27, 2015. The lesser known Concord fault creeps ever so slightly annually. (Dan Honda/Bay Area News Group) ( Dan Honda )

The Concord fissure may be largely ignored by the general public. But not by geologists.

“The Concord Fault is significantly more active than the fault that caused the Napa earthquake,” said Chris Wills of the California Geological Survey, referring to the 6.0 wine country temblor last August that caused more than $400 million in damage. “Nobody would be surprised if a magnitude-6 earthquake happened on the Concord Fault tomorrow.”

Make no mistake, Concord’s contribution to the Bay Area’s geologic activity is significantly smaller than the San Andreas and Hayward zones. Updated U.S. Geological Survey estimates indicate a 3 to 4 percent probability of a magnitude-6.7 or higher earthquake over the next 30 years on the Concord or lower Green Valley Fault, a connected Solano County segment, compared with 6.4 percent for the San Andreas and 14.3 percent for the Hayward Fault.

The Concord Fault creeps a measly 4 to 5 millimeters annually, while the Hayward slips 9 millimeters and San Andreas 25 millimeters.

The last catastrophic temblor on the Contra Costa-Solano combo fault struck more than 400 years ago, but geologists still say it’s important to monitor.

“At some point in time that system has to fail — we just don’t know exactly when,” said David Schwartz with the USGS. Even if the Concord Fault only produces a 5.0 quake, it could cause significant damage, Schwartz said.

The great unknown

The lake surrounded by the Lakes Apartments in Concord, Calif., is photographed on Tuesday, March 24, 2015. Geologists say that the lake is there due to a dip in the Concord fault that allows groundwater to seep through. The lesser-known Concord fault creeps ever so slightly annually. (Dan Honda/Bay Area News Group) ( Dan Honda )
The lake surrounded by the Lakes Apartments in Concord, Calif., is photographed on Tuesday, March 24, 2015. Geologists say that the lake is there due to a dip in the Concord fault that allows groundwater to seep through. The lesser-known Concord fault creeps ever so slightly annually. (Dan Honda/Bay Area News Group) ( Dan Honda )

On Oct. 23, 1955, a 5.4 quake — the Concord Fault’s last major temblor — was felt from San Jose to Sacramento. It caused $1 million in damage ($8.7 million in today’s dollars) and one fatality, according to the USGS. Windows shattered, brick walls cracked and moved, chimneys shifted and wine bottles crashed from liquor store shelves.

What makes the Concord Fault particularly worrisome to regional planners, so much so that it was highlighted in a December study by the Association of Bay Area Governments, is its potential impact on regional and statewide fuel distribution. Without gasoline, every other crucial need, including water, electricity and transportation, will be affected.

The lake surrounded by the Lakes Apartments in Concord, Calif., is photographed on Tuesday, March 24, 2015. Geologists say that the lake is there due to a dip in the Concord fault that allows groundwater to seep through. The lesser-known Concord fault creeps ever so slightly annually. (Dan Honda/Bay Area News Group) ( Dan Honda )
The lake surrounded by the Lakes Apartments in Concord, Calif., is photographed on Tuesday, March 24, 2015. Geologists say that the lake is there due to a dip in the Concord fault that allows groundwater to seep through. The lesser-known Concord fault creeps ever so slightly annually. (Dan Honda/Bay Area News Group) ( Dan Honda )

In its report, ABAG studied three theoretical earthquakes — a 7.9 on the San Andreas, a 7.0 on the Hayward and 6.8 on the Concord.

“Originally, we were just going to explore the San Andreas and Hayward faults, but we realized that (there are) a lot of key infrastructure assets in (the Concord) region,” said study author Michael Germeraad, an ABAG resilience planner.

Five Bay Area refineries — all but two are within a couple miles of the fault — processed 235 million barrels of crude in 2012, about 40 percent of the state’s total, according to ABAG. In addition, Kinder Morgan operates a pumping station nearby that receives processed crude from all the refineries and pipes it out to terminals across Northern California and Nevada.

Critical pipelines

That pumping station, a critical piece of fuel infrastructure, lies directly above the Concord Fault.

Built in the 1950s, the station receives products from eight facilities and pumps the refined crude through pipelines. It can store about 1 million barrels, but normal inventory is half of that, said Melissa Ruiz, a Kinder Morgan spokeswoman. Its five outgoing pipelines serve Chico, Fresno, Reno, Sacramento, San Jose, Stockton and surrounding cities, in addition to seven military facilities and public airports.

The company has facilities and pipelines in active fault areas throughout California but has never lost a pipeline or tank to a quake and maintains its infrastructure to industry rules and regulations, Ruiz said.

In its report, ABAG said it had concerns because pipelines can fail due to soil liquefaction — where hard soil loses strength during strong ground shaking — and fault rupture. Knowing pipeline material, age, weld types and other factors would help scientists know where failures are “more likely,” but that information isn’t available.

“Damage to the Concord station would interrupt fuel transmission across the northern half of the state,” the report concluded.

The study also found that if one Bay Area refinery was damaged, they would all likely suffer damage because of their close proximity to each other, and because they are built on similar soils and have similar construction.

“A conservative restoration estimate of damaged refineries is months,” the study found for the Concord quake scenario.

The Tesoro Golden Eagle facility in Martinez sits on 2,206 acres just feet from the fault. Built in 1903, Golden Eagle employs about 650 workers and is the fourth-largest refinery in California.

Spokeswoman Patricia Deutsche said refinery officials are aware it sits next to the fault and a liquefaction zone, but she said the facility follows industry design standards. Piles are driven down hundreds of feet into bedrock, equipment has been retrofitted and the Avon Wharf, an oil terminal located on aging timber piles along the southern shore of Suisun Bay, just received environmental clearance for retrofit up to state quake standards, she said.

Seismic assessments of Bay Area refineries are done every five years, and the building code requirements consider the level of possible ground shaking from any nearby fault, said Gayle Johnson, senior engineer with Simpson Gumpertz & Heger, a national engineering firm.

Johnson, who has investigated the performance of industrial facilities in more than 20 earthquakes worldwide, said since the refinery retrofit programs began in the late 1980s and early 1990s, there has been a “ton of upgrade work done.”

Other impacts

While fuel infrastructure may be the top concern for the region, a large quake could disrupt other major lifelines. The Benicia-Martinez rail bridge, located between the two vehicle spans, is particularly vulnerable, according to ABAG, and could face “significant or complete damage.”

Liquefaction along the Carquinez Strait could cause dredged water channels to slough into the shipping pathways. Runways could rupture at Buchanan Field, which sits adjacent to the fault. Delta levees could breach, creating flooding and impacting drinking water quality, ABAG found.

Two-thirds of the power generated in the region is produced by natural gas facilities, many along the Carquinez Strait.

“In the event natural gas lines are damaged, these facilities will be unable to generate electricity,” the study found.

Still, Wills warns that what will happen during a significant quake on the Concord Fault is largely a mystery.

“How it releases is not that well known,” he said.