New Evidence Submitted in State Department Hiring of Oil Industry Consultant to Write Keystone XL Environmental Review
Sierra Club | February 12, 2014 10:34 am
Today
Sierra Club and
Friends of the Earth submitted
evidence
to the State Department’s Office of the Inspector General to support
the ongoing inquiry into conflicts of interest and mismanagement in the
environmental review of the proposed
Keystone XL pipeline. The groups request that the Inspector General takes steps to ensure that the t
ainted Final Environmental Impact Statement, released on Jan. 31, is excluded from the agency’s National Interest Determination.

Image courtesy of Friends of the Earth/ 350.org infographic
“The State Department hired an oil industry consultant to write the
environmental review of Keystone XL without taking steps to guard
against industry bias,” said Doug Hayes, Sierra Club staff attorney. “So
it’s no surprise that the report attempts to minimize the pipeline’s
massive carbon pollution and threats to human health and water quality.
This flawed report should have no place in the decision making on this
pipeline.”
In Aug. 2013, the State Department
confirmed that the Office of Inspector General
(OIG) had opened an inquiry into the agency’s hiring of the consultant
Environmental Resources Management (ERM) to prepare the environmental
review of the project. Evidence shows that ERM made false and misleading
statements on its application for the contract.
“By hiring ERM, the State Department ignored its own guidelines and
invited the fox into the hen house,” said Ross Hammond, Friends of the
Earth senior campaigner. “ERM has an obvious self interest in making
sure Keystone XL is built.”
“The process that allowed them to get this contract has been
corrupt from day one and the American people deserve better from their government,” Hammond continued. “It’s up to
the Secretary Kerry and the Inspector General to restore some integrity and accountability into the review process, not preside over a whitewash.”
Read More Here
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NEAT leaders: TransCanada dupes landowners about eminent domain
February 14, 2014 by
affiliate
New concerns over the Keystone XL oil pipeline are prompting
leaders of the Nebraska Easement Action Team, or NEAT, to send a letter
to President Obama, Secretary of State Kerry and the Unicameral.
The letter expresses worry over TransCanada’s behavior and tactics in pursuing the proposed pipeline.
NEAT president Tom Genung, of Hastings, claims landowners are being misinformed about land seizures.
“Some of the land agents for TransCanada led landowners to believe
that if they didn’t sign the initial proposal or the initial easement
contracts that eminent domain would be implemented and that basically
there would be no compensation,” Genung says, “which is not true at
all.”
Read More Here
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JournalStar.com
Landowner group warns of perceived plans to bypass federal permit for Keystone XL
A Nebraska landowner advocacy
group is warning state legislators and landowners to be aware that
TransCanada, the company responsible for the proposed Keystone XL
pipeline, is offering easement agreements that mention bypassing the
need for a presidential permit.
The Nebraska Easement Action Team
Wednesday issued a strongly worded resolution condemning what it
characterized as a history of deceptive practices by TransCanada and
sought to bring attention to a sentence in a letter TransCanada sent
this month to a Nebraska landowner.
The letter said if an easement
was signed, paperwork wouldn't be filed with the county recorder until
TranCanada gets a presidential permit for the 1,179-mile pipeline or
“modifies the proposed Keystone XL Pipeline project in such a way that a
presidential permit is no longer required.”
David Domina, an
Omaha-based attorney who works with NEAT, said that single sentence
changes the narrative TransCanada has put forth for years about building
an international pipeline that requires a federal permit from Canada to
refineries in Texas and Oklahoma.
“This (NEAT resolution) is
intended as an alert to landowners and, frankly, to the members of the
Legislature. There is something up. And we don’t know what it is,”
Domina said. “This is not about the TransCanada Keystone XL pipeline
project, this is about something new that isn’t being disclosed and we
don’t know what it is.”
TransCanada Spokesman Shawn Howard said the company has no plans to avoid the need for a presidential permit.
Read More Here
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Senior Officials Accused of Skewing Science to Benefit Keystone XL Pipeline
PEER | February 6, 2014 11:44 am
Managers within the U.S. Fish and Wildlife Service (FWS)
overrode their scientific experts to adopt an inaccurate map based upon a
flawed model that significantly shrank the range of an endangered
species, according to agency investigative reports released today by
Public Employees for Environmental Responsibility
(PEER). The managers not only retaliated against scientists who voiced
objections but rushed into publication of a bogus scientific journal
article to cover their tracks.

The American burying beetle is an endangered species threatened by the Keystone XL tar sands pipeline.
The American burying beetle (ABB), a critically endangered species,
has seen its range dwindle from 35 states to the plains of South Dakota,
Arkansas, Nebraska and Oklahoma —areas in the proposed path for the
$5.3 billion
Keystone XL oil pipeline.
Based on complaints from FWS scientists, specially convened
Scientific Integrity Review Panels found two “high-level” officials guilty
of scientific misconduct. The panels found that Dixie Porter,
supervisor of the FWS Oklahoma Ecological services field office in
Tulsa, OK, and Luke Bell, FWS Branch Chief for Threatened and Endangered
Species and Contaminants:
- Adopted flawed models that dramatically shrunk the known range of the ABB
- Compounded their misconduct by improperly rushing an article into
publication that both “knowingly impeded” the original panel
investigation and also would “further degrade the endangered status of
the ABB.…” Despite this finding, FWS has yet retract the paper.
- Retaliated against line scientists who objected, including imposition of “several staff suspensions.”
This is the first time an Interior agency has upheld a scientific
misconduct complaint under its relatively new Scientific Integrity
policies. Yet FWS refused to release the reports to PEER under the
Freedom of Information Act. PEER obtained them by
filing an appeal with Interior’s Office of Solicitor, the administrative step before a lawsuit, and the solicitor ordered release of redacted versions of the reports.
Read More Here
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Keystone XL Pipeline: 4 Animals and 3 Habitats in Its Path
Power line impact on the whooping crane just one of the wildlife concerns.
The
Canada-to-Texas flight route of the critically endangered whooping
crane passes along Keystone XL's route for hundreds of miles.
Conservationists worry about the impact of pipeline power lines.
PHOTOGRAPH BY PAT SULLIVAN, AP
Mel White
Published February 14, 2014
Climate change has been the focus of much of the opposition to TransCanada's Keystone XL pipeline. But many conservationists are also concerned about more immediate environmental consequences.
They're worried about the pipeline construction's
impact on wildlife and ecosystems, and of possible spills of the heavy
crude oil that will flow through the pipeline at the rate of 830,000
barrels a day. (See related: "Interactive: Mapping the Flow of Tar Sands Oil.")
Some people, seeing a map of the pipeline's proposed
875-mile route through the Great Plains, may picture the region in the
terms of 19th-century explorers who called it the "great American
desert": a barren land lacking in natural-history interest. In fact,
though the vast herds of grazing animals that Lewis and Clark saw are
greatly diminished, rich ecosystems endure. And while the pipeline route
crosses some agricultural land, much of it would traverse natural
habitats in Montana, South Dakota, and Nebraska where harmful effects on
native animals and plants could—some say would, inevitably—occur. (See
related, "
Oil Flows on Keystone XL's Southern Leg, But Link to Canada Awaits Obama Administration.")
PHOTOGRAPH BY ANNIE GRIFFITHS, NATIONAL GEOGRAPHIC
Rich ecosystems surround the Missouri and
Yellowstone Rivers (the latter is pictured here). Keystone XL would
cross both rivers in Montana.
Missouri and Yellowstone Rivers
The Keystone XL route crosses the Missouri and Yellowstone
rivers, two of more than 50 crossings of perennial streams. Both rivers
are home to the federally endangered pallid sturgeon, a bizarre-looking
fish up to six feet long adapted to life in large rivers with silty
bottoms. A serious oil spill has the potential to damage or even destroy
habitat for this species. Such a spill could also harm habitat for
least terns and piping plovers, two birds that nest along rivers and
that have suffered serious declines in recent decades.
And pipelines do fail, conservationists note. The failure
in 2010 of an Enbridge pipeline carrying Canadian crude oil triggered
the costliest onshore oil spill in U.S. history, contaminating 40 miles
of Michigan's Kalamazoo River and surrounding wetlands. Last year,
another pipeline carrying Canadian oil, Exxon-Mobil's Pegasus line,
ruptured in a the small Arkansas town of Mayflower, affecting wetlands
connected to the largest man-made game and fish commission reservoir in
the United States. (See related, "
Oil Spill Spotlights Keystone XL Issue: Is Canadian Crude Worse?") Officials are still reckoning the lingering environmental damage after massive and expensive cleanup efforts.
In its recent Final Supplemental Environmental Impact
Statement, the State Department admits that oil spills will occur and
are a danger, but asserts that current technology and rigorous
inspections make the odds of a serious spill remote. (See related, "
3 Factors Shape Obama's Decision on Keystone XL Pipeline.")
Davis Sheremata, a spokesperson for TransCanada, said
Keystone will incorporate construction and maintenance techniques more
advanced than those of earlier pipelines. Safety measures "are the
culmination of six years of consultation between TransCanada, the United
States Fish and Wildlife Service, and many other federal and state
environmental agencies," he said. "The required environmental protection
and pipeline safety measures set a new, and very high, standard
unequaled by any other pipeline project."
Whooping Crane
One of the greatest conservation concerns about the
immediate effect of the pipeline centers on the critically endangered
whooping crane. Most of these tall white birds nest in Canada and
migrate through the central United States to and from their wintering
grounds on the Texas Gulf Coast. The cranes' flight route passes
directly along the pipeline route for hundreds of miles.
It's not the pipeline itself that's of greatest potential danger to
the cranes, though. Pumps needed to keep the thick Canadian oil flowing
through the pipeline require power lines to supply them with
electricity, and conservationists wonder what will happen when more than
300 miles of new power lines appear in formerly wide-open spaces in the
birds' flight path.
"The whooping crane is a species that we've really homed in on," said Jim Murphy, senior counsel for the
National Wildlife Federation.
"Power lines account for about 40 percent of juvenile whooping crane
mortality, which is a big deal when you're talking about a bird that has
a population of about four hundred in the wild. Those concerns have
never really been taken seriously."
TransCanada's Sheremata said his company and pipeline
contractors "have committed to incorporate a number of conservation
measures to prevent potential direct or indirect impacting to the
whooping crane." Measures include installing and maintaining avian
markers (conspicuous objects designed to make lines more visible to
flying birds) at pump stations "to reduce impacts to whooping cranes
from power lines."
PHOTOGRAPH BY TOM WALKER, VISUALS UNLIMITED/CORBIS
A male greater sage-grouse does a mating display.
The proposed route passes within a few miles of dozens of grouse “leks,”
sites where males dance to attract mates.
Greater Sage-Grouse
Although the greater sage-grouse isn't officially an
endangered species, many bird experts believe it should be. They claim
it has been kept off the list for fear of political backlash in
conservative western states, where farming and ranching might face
restrictions.
There's no question that the grouse has suffered from loss
of habitat: 20 of 27 known population groups have declined since 1995.
The pipeline route passes within a few miles of dozens of grouse leks
(sites where males "dance" to attract mates); ornithologists fear that
noise from construction, roads, and pumping stations could affect
breeding success of these notoriously shy and easily disturbed birds.
In addition, power-line towers serve as hunting perches for
eagles and hawks, which prey on grouse. In treeless areas where grouse
live, towers will bring new threats and greater potential mortality by
providing raptor lookouts where formerly there were none.
PHOTORGAPH BY JIM BRANDENBURG, MINDEN PICTURES/CORBIS
A swift fox stands alert in the South Dakota prairie.
Swift Fox
The swift fox, a small canine of grassland regions, is
another controversial species that the Arizona-based Center for
Biological Diversity believes belongs on the endangered-species list.
The CBD finds it "dumbfounding" that Keystone XL environmental-impact
statements fail to address the pipeline's effects on the fox.
"It's like they took a map and drew a pipeline along the
remaining locations of known bands of the swift fox," said Amy Atwood,
senior attorney for the CBD. "That's where the fox lives, because those
are the areas that are not being used for agriculture and are on public
land. That's where pipeline companies like to site things these days to
minimize landowner conflict or having to deal with eminent domain. And
that's where the wildlife is. They've been pushed out of other areas."
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Ogallala Aquifer
From Wikipedia:
The Ogallala Aquifer is a shallow water table aquifer located beneath the Great Plains in the United States. One of the world's largest aquifers, it underlies an area of approximately 174,000 mi² (450,000 km²) in portions of eight states: (South Dakota, Nebraska, Wyoming,Colorado, Kansas, Oklahoma, New Mexico, and Texas). It was named in 1898 by N.H. Darton from its type locality near the town ofOgallala, Nebraska. The aquifer is part of the High Plains Aquifer System, and rests on the Ogallala Formation, which is the principal geologic unit underlying 80% of the High Plains.
About
27 percent of the irrigated land in the United States overlies the
aquifer, which yields about 30 percent of the ground water used for
irrigation in the United States. Since 1950, agricultural irrigation has
reduced the saturated volume of the aquifer by an estimated 9%.
Depletion is accelerating, with 2% lost between 2001 and 2009
[ alone. Certain aquifer zones are now empty; these areas will take over 100,000 years to replenish naturally through rainfall.
The
aquifer system supplies drinking water to 82 percent of the 2.3 million
people (1990 census) who live within the boundaries of the High Plains
study area.
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