Line 67 (& KXL) – Pipelines & State Dept. Jurisdiction
March 10th, 2017
(click for larger version – fair use from Global Resources News)
Pipeline construction at issue here in Minnesota, Line 3 “replacement,” Line 67 across the US/Canada border, and there may well be others. The State Department handles pipeline Presidential Permits, and the DOE handles transmission line Presidential Permits. The process State Department uses for public participation is appalling… they held an “open house” but did not allow for public comment. There was extreme “security” which was a display of extreme insecurity, searching of people coming in, making them stand out in the cold waiting to get in, for sure that will CHILL public speech!
And FYI, Line 3 “replacement” and Line 67 are indeed connected:
Day before yesterday there was an “open house” held by the State Department about a Supplemental Environmental Impact Statement on “Line 67.” The “open house” was a mess, very poorly orchestrated by the State Department, and an utter failure in the “public participation” arena:
Very little coverage… lots on fb though!
Here’s the change filed with State Deparatment:
06/16/14 Letter Amending the Application of Enbridge Energy Line 67
Here’s the State Department’s Line 67 page.
- Exhibit A: Minnesota Public Utilities Commission Order (Docket 13-153, Document 20146-100373-01) Note: This link connects to the Minnesota Department of Commerce eDockets website. To read the order referenced here, enter the Document ID listed above
- Exhibit B: Diagram of Planned Interconnections
- Exhibit C: Revised Project Description
– 11/20/12 Application of Enbridge Energy Line 67
And what’s at issue at this point is the
Looking at the State Department’s pipeline info generally, note that on the Keystone XL (TransCanada) line page they have this blurb:
Presidential Permits for liquid pipelines
The Secretary of State has the authority to issue Presidential Permits for cross-border liquid (water as well as petroleum product) pipelines and other cross-border infrastructure. The Bureau of Energy Resources Office of Energy Diplomacy receives and processes permit applications. All documents relating to current applications are located here.
And who is now Secretary of State? Rex Tillerson, “resigned” as CEO of Exxon on January 1, 2017 to take this position. He has recused himself from Keystone XL Pipeline issues.
Tillerson has recused himself from Keystone pipeline issues: State Dept.
Why recuse from Keystone XL pipeline issues and not others? Again, let’s look at this map, and consider the origin of Keystone XL in relation to other lines — who’s to say Exxon wouldn’t benefit from granting permits for any of these proposed pipelines, or if not, who’s to say Exxon wouldn’t benefit from denial of permits for any of these proposed pipelines?
And to be clear, because there’s lots of misunderstanding going on about this Presidential Memorandum and its impact on Keystone XL, here’s the poop, direct from State Dept. website:
On January 24, 2017, the President issued a Regarding Construction of the Keystone XL Pipeline, which invited TransCanada Keystone Pipeline, L.P. (TransCanada), to promptly re-submit its application to the Department of State for a Presidential permit for the construction and operation of the Keystone XL Pipeline, and directed the Secretary of State to receive the application and take all actions necessary and appropriate to facilitate its expeditious review.
Full text: Presidential Memorandum Regarding Construction of the Keystone XL Pipeline
Documents relating to TransCanada’s 2012 application can be found here.
As above, tRump’s Presidential Memorandum Regarding Construction of the Keystone XL Pipeline is an “invitation” to resubmit application, NOT an approval.
#No DAPL – Army Corps primary documents
February 8th, 2017
UPDATE: Corps grants easement to Dakota Access LLC
You may have read tRump’s Memorandum pushing the Army Corps of Engineers to ram through the Dakota Access pipeline:
From the Stanley Gazette:
Breaking News: U.S. Army Corps of Engineers Ready to Grant Easement for DAPL
And from the DC District Federal Court, here are the filings:
Construction of the Dakota Access Pipeline – Memorandum – Document No. 207-02032
The Army rolled, and here are the documents stating intent to issue the DAPL easement across Lake Oahe, and the Notice of Termination of the Environmental Impact Statement:
ACoE_Notice Regarding Recently Issued Documents
How is this anything but “arbitrary and capricious” action on the part of the Army Corps of Engineers?
Send Dakota Access Scoping Comments ASAP!
January 26th, 2017
As we know, tRump signed a “Memorandum” (note, it is NOT an “Executive Order”) to ram through DAPL. Here’s the cut and paste of the Memorandum, also here at the White House Memoranda page:
One part I’m particularly concerned with is the second paragraph, where the Army Corps is ordered to consider rescinding or modifying the denial of the permit, and whether to withdraw the Notice of Intent and request for Scoping Comments for the Environmental Impact Statement:
Really. That’s tRumpspeak for “Issue the Permit, Who Needs an EIS!” So methinks it’s VERY important to get a lot of detailed scoping comments in ASAP!
What are Scoping Comments? It’s kind of a term of art, they are comments laying out what you think should be covered in the Environmental Impact Statement. It’s a “broadening” exercise, one where you bring up all the things that could be, should be, relevant and investigated, disclosed, analyzed, in the Environmental Impact Statement. Form letters and postcards won’t cut it, this requires a little time and thought, and because you can email them, it’s pretty easy. Just be specific about what issues should be considered. Because they’re looking for “alternative routes” I wouldn’t give them any, because if they put it anywhere, it’s a problem, so I’d recommend instead saying that moving the pipeline doesn’t lessen the odds of rupture, failure, corrosion, and that the pipeline is too much of a rupture waiting to happen to route anywhere!
Here’s the Notice:
Notice of Intent to Prepare an Environmental Impact Statement
Scoping comments are due by February 20, 2017. By mail, and they ask that you include your name, return address, and “NOI Comments, Dakota Access Pipeline Crossing” on the first page of your written comments:
Gib Owen
Office of the Assistant Secretary of the Army for Civil Works
108 Army Pentagon
Washington, DC 20310-0108
By email to gib.a.owen.civ@mail.mil – use Subject: NOI Comments, Dakota Access Pipeline Crossing
They say they want comments about these issues:
(1) Alternative locations for the pipeline crossing the Missouri River;
(2) Potential risks and impacts of an oil spill, and potential impacts to Lake Oahe, the Standing Rock Sioux Tribe’s water intakes, and the Tribe’s water, treaty fishing, and hunting rights; and
(3) Information on the extent and location of the Tribe’s treaty rights in Lake Oahe.
… BUT… don’t limit your input — get creative, be specific, really think about impacts, about connected actions, about the entire length of this pipeline, about each of the bodies of water, the archeological features, protected wildlife areas, homes right next to the line, aquifers with so many wells drawing their water supply, nearby transmission lines which are known to corrode pipelines if too close. In the Notice, they specifically state, “The range of issues, alternatives, and potential impacts may be expanded based on comments received in response to this notice and at public scoping meetings.” So now it’s our job to be very, very specific about the broad range of issues to be included in the Environmental Impact Statement.
tRump’s Memoranda & Executive Orders
January 24th, 2017
There’s been a flurry of activity, and finally they posted the actual documents so we can see what’s going on, or what won’t be going on. This was part of my “One a Day” plan to send off a missive to the White House every day, something of substance. When the Contact page was blank on Monday morning, I started calling, ALL DAY LONG, and got through around 7 p.m., when a human answered, and hung up. I called back, got that same human, who wouldn’t tell me who I should talk to about the Executive Orders (presumed that’s what they were as that’s what was said) and said the Comment office person was gone so I had to leave it online, and she got pissy when I said that the Comment page was blank, and hung up again. OK, whatever…
Civics Lesson from USA Today, Presidential memoranda vs. executive orders. What’s the difference?
Here are the Memoranda thus far from the White House page (these are not required to be published in the Federal Register, so ???, but they are now on the White House Memoranda page:
Presidential Memorandum on January 24, 2017Presidential Memorandum on January 24, 2017Presidential Memorandum on January 24, 2017Presidential Memorandum on January 24, 2017Presidential Memorandum on January 23, 2017Presidential Memorandum on January 23, 2017Presidential Memorandum on January 23, 2017Presidential Memorandum on January 20, 2017
And here are the Executive Orders, from the White House Executive Order page:
Executive Order on January 24, 2017Executive Order on January 20, 2017
Now maybe they’ll have the routine down and keep up with what they’re doing. Drives me crazy to be loating around in the dark — it’s hard enough to know or guess what these might mean in practice, but without an actual document to look at, it’s just blather. Well, it’s just blather anyway, but here it is. Read it and get busy!
Tuesday’s Executive Orders from tRump
January 24th, 2017
Of course there’s nothing on tRump’s Executive Orders page.
Trump clears way for Dakota Access, Keystone pipelines
And via email to the EPA:
Trump bans EPA from giving updates to reporters, bars new contracts, grants
“New EPA administration has asked that all contract and grant awards be temporarily suspended, effective immediately,” read the e-mail, which was shared with the Washington Post. “Until we receive further clarification, which we hope to have soon, please construe this to include task orders and work assignments.”