Legalectric

Photo from CBC(“supplied”)

There’s a big pipeline eruption underground, to the point that it’s bubbling up out of the ground, discovered by a passerby/landowner, near, but not at, a pumping station.

Why do I say big?  Well, for a pipeline to spring a leak, and for it to reach the surface, it must be a lot of oil.  And it will be a major effort to find the problem, fix it, and clean up the damage.  I won’t use the words “spill” or “leak” to describe it, because those sound so pesky and innocent, and will stick to “eruption” or “disgorge” or some such, to convey the impact and damage expected from something like this.

TransCanada’s Russ Girling

Try finding news articles about this!  Try, I dare ya!  There’s not more than a handful.

Keystone pipeline shut down after crude leak in South Dakota

Keystone pipeline springs leak in South Dakota

TransCanada shuts down Keystone pipeline after oil spill in South Dakota

TransCanada shuts down Keystone pipeline after oil seeps to surface

This isn’t going to just go away.  Cindy Myers has been posting some great photos, maybe those “supplied” to the CBC are hers?  I’ve asked for permission to post… waiting for response.

My clients have a tendency to hang around like bad habits — once awake to utility schemes, they take a bite and won’t let go.  I’ve been blessed with an active bunch, and today I woke up to another example.  Nancy “BOOM!” Prehn is one of my faves, she lives on top of the only natural gas underground storage dome in Minnesota, under about 10 square miles north of Waseca.  She singlehandedly got an EAW on how the gas company was handling water.  At the time, they were releasing water from wells onto their fields, and it wasn’t helping the corn and beans any.  Turns out it wasn’t seriously polluted, and the gas company had to build a water treatment facility and storage tanks at each well to contain the water, and then suck it out, bring it over to HQ and run it through the treatment system before releasing it.

Nancy has a way of being ahead of the curve, and when she starts digging, look out.  Now she’s working on tax credits for those with utility infrastructure on their land, like a natural gas dome!  It’s needed for gas and oil pipelines too!

Here’s what she found today, from the 1979 legislative session, check Article 2, Section 20, a tax credit for landowners living under transmission lines — how did I not know this?

And it’s still law today:

Minn. Stat. 273.42

How much is this tax credit?  Well, it’s complicated… and there’s a ceiling, see the statute for specifics:

The amount of credit for which the property qualifies shall not exceed 20 percent of the total gross tax on the parcel prior to deduction of the state paid agricultural credit…

It was enacted during the last transmission build-out, circa 1979, and has been changed many times over the years:

595 arrested so far… There’s been a lot online about opposition to the Keystone XL pipeline for Tar Sands oil.

TAR SANDS ACTION

I’m looking at all of this and I’m wondering where the resistance was to the MinnCan pipeline, just one of our own tar sands crude oil pipeline through Minnesota.  Why is the Keystone XL pipeline project special?  Why are people waking up about tar sands pipelines?  Is it because Keystone XL is a “Presidential Permit” project at the Dept. of State?

MPIRG helped some of the landowners affected by MinnCan organize after they got very late notice they were potentially affected, but they lost bigtime, were denied intervention status by the ALJ because they were “late,” and then after it was permitted, booted out of the Appellate Court because they were not formal intervenors.  As they were in condemnation court for the pipeline, they got notice that they were targeted for CapX 2020 transmission.  At that point they became dyed-in-the-wool activists and joined with NoCapX 2020 as intervenors, in the Certificate of Need case and subsequent routing dockets for CapX transmission across Minnesota, right now in the Hampton-LaCrosse CapX 2020 routing docket .

For more info, here’s the MinnCan routing docket at PUC:

http://energyfacilities.puc.state.mn.us/Docket.html?Id=18339

Here is a link to a post with the Appellate decision:

Appellate court affirms PUC in pipeline appeal

Here are county maps, from Clearwater Co. down to the refinery in Dakota County:

http://energyfacilities.puc.state.mn.us/resource.html?Id=19000

And the Certificate of Need, go hear and search for docket “06-02” (year-docket no.)

https://www.edockets.state.mn.us/EFiling/edockets/searchDocuments.do?method=showeDocketsSearch&searchType=new

Here’re some other tar sands pipelines in Minnesota, completed:

The “Alberta Clipper” pipeline project:

http://energyfacilities.puc.state.mn.us/Docket.html?Id=19203

And another Enbridge “Southern Lights” oil pipeline project

http://energyfacilities.puc.state.mn.us/Docket.html?Id=19133

… and then there’s eminent domain!

First the spill, it’s “breaking” news, 210,000 gallons at least all over Staples, where a crew was “working” on the line.  This is, I believe, the old lines, not the new 24″ MinnCan pipeline right nearby:

Oil pipeline leak spills 210,000 gallons near Staples

By BOB VON STERNBERG, Star Tribune

Last update: December 4, 2009 – 4:13 PM

Crew members from state and federal pipeline safety agencies were working today to contain at least 210,000 gallons of crude oil that has spilled from a pipeline in central Minnesota.

There’s no indication the oil has reached any nearby waterways, said Kristine Chapin, a spokeswoman for the Minnesota Office of Pipeline Safety.

The spill, discovered about 6:30 a.m., came from a 16-inch pipeline that connects a pumping station with the Flint Hills refinery in Rosemount.

The pipeline was immediately shut down, Chapin said.

The leak occurred in a wooded rural area about three miles southeast of Staples.

Workers had been repairing the pipeline, but it wasn’t immediately clear if that was connected to the spill, Chapin said.

Assisting the state agency with the pipeline safety arm of the U.S. Department of Transportation.

A truck designed to vacuum up the spill arrived at the site this afternoon, she said.

Here’s the eminent domain news about a pipeline — tired of waiting around for “compensation” from the takers — one guy did what how many others want to do?  And “Engelking” … I wonder… is this guy any relation to Betsy Engelking???

Wis. man arrested for trespassing on his own land

Associated Press

Last update: December 4, 2009 – 8:37 AM

SUPERIOR, Wis. – A northwestern Wisconsin man who confronted a work crew building a pipeline across his land was arrested for trespassing on his own property.

Jeremy Engelking of Superior is expected to appear in Douglas County Circuit Court Friday.

The 27-year-old Engelking told workers Wednesday they had no right to be on his property because he hadn’t been compensated by the pipeline builder, Enbridge Energy Partners, for an easement.

A Douglas County sheriff’s deputy arrived on the scene as the confrontation continued. Engelking says the deputy drew his Taser gun and ordered him to the ground. Engelking was handcuffed, taken to jail and later posted bond.

The confrontation is the latest episode in a long-running dispute between Enbridge, Engelking and his father, who owns property next door.