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Judges Nixing Keystone XL South Cases Had Tar Sands-Related Oil Investments

Cross-Posted from DeSmogBlog

On August 4, the U.S. Appeals Court for the 10th Circuit shot down the Sierra Club's petition for rehearing motion for the southern leg of TransCanada's Keystone XL tar sands export pipeline. The decision effectively writes the final chapter of a years-long legal battle in federal courts. 

Exclusive: Hillary Clinton State Department Emails, Mexico Energy Reform and the Revolving Door

Cross-Posted from DeSmogBlog

Emails released on July 31 by the U.S. State Department reveal more about the origins of energy reform efforts in Mexico. The State Department released them as part of the once-a-month rolling release schedule for emails generated by former U.S. Secretary of State Hillary Clinton, now a Democratic presidential candidate.

Hillary Clinton Emails

Greenwash: Shell May Remove "Oil" From Name as it Moves to Tap Arctic, Gulf of Mexico

Shell Oil has announced it may take a page out of the BP "Beyond Petroleum" greenwashing book, rebranding itself as something other than an oil company for its United States-based unit.

Photo Credit: Wikimedia Commons

Enbridge Stuffs Provision into Wisconsin Budget to Expedite Controversial Piece of "Keystone XL Clone"

Cross-Posted from DeSmogBlog

On Thursday, July 3 on the eve of a long Fourth of July holiday weekend, Canadian pipeline company giant Enbridge landed a sweetheart deal: a provision in the 2015 Wisconsin Budget that will serve to expedite permitting for its controversial proposed Line 61 tar sands pipeline expansion project.

Hillary Clinton State Dept Emails Contain Redacted Job Description for Top Energy Diplomat; Lobbyist Gets Job

Cross-Posted from DeSmogBlog

The U.S. State Department released a batch of 3,000 searchable documents formerly stored on the private hard drive and in a private email account of Democratic Party presidential candidate and former U.S. Secretary of State Hillary Clinton. Among them: a fully redacted job description for State Department International Energy Coordinator/Diplomat-At-Large.

Appeals Court Rules Keystone XL South Approval Was Legal, Lifting Cloud Over TransCanada

Cross-Posted from DeSmogBlog

In a 3-0 vote, the U.S. Appeals Court for the Tenth Circuit has ruled that the southern leg of TransCanada's Keystone XL pipeline was permitted in a lawful manner by the U.S. Army Corps of Engineers. 

Keystone XL South was approved via a controversial Army Corps Nationwide Permit 12 and an accompanying March 2012 Executive Order from President Barack Obama. The pipeline, open for business since January 2014, will now carry tar sands crude from Cushing, Oklahoma to Port Arthur, Texas without the cloud of the legal challenge hanging over its head since 2012.

Revealed: Energy Transfer Partners’ 'Pipeline-for-Prostitute' Landman

Cross-Posted from DeSmogBlog

By Steve Horn and David Goodner

A DeSmog investigation has uncovered the identity of a land agent and the contract company he works with that allegedly offered to buy an Iowa farmer the services of two teenage sex workers in exchange for access to his land to build the controversial proposed Dakota Access pipeline, owned by Energy Transfer Partners.

Dimock, PA Lawsuit Trial-Bound as Study Links Fracking to Water Contamination in Neighboring County

Cross-Posted from DeSmogBlog

A recent peer-reviewed study published in the Proceedings of the National Academy of Sciences has confirmed what many fracking critics have argued for years: hydraulic fracturing for oil and gas can contaminate groundwater. 

Brother of Hillary Clinton's Top Campaign Aide Lobbied for Fracked Gas Export Terminal Co-Owned by Qatar

Cross-Posted from DeSmogBlog

Anthony "Tony" Podesta began lobbying in late 2013 on behalf of a company co-owned by ExxonMobil and Qatar Petroleum aiming to export liquefied natural gas (LNG) to the global market. Tony is the brother of John Podesta, former top climate change adviser to President Barack Obama and current top campaign aide for Hillary Clinton's 2016 bid for president

Tony Podesta Golden Pass LNG

Brother of Hillary Clinton's Top Campaign Aide Lobbied for Fracked Gas Export Terminal Co-Owned by Qatar

Cross-Posted from DeSmogBlog

Anthony "Tony" Podesta began lobbying in late 2013 on behalf of a company co-owned by ExxonMobil and Qatar Petroleum aiming to export liquefied natural gas (LNG) to the global market. Tony is the brother of John Podesta, former top climate change adviser to President Barack Obama and current top campaign aide for Hillary Clinton's 2016 bid for president

Tony Podesta Golden Pass LNG

Emails: How Obama Administration Secretly Approved Expanding Piece of Enbridge's "Keystone XL Clone"

Cross-Posted from DeSmogBlog

DeSmogBlog has obtained dozens of emails that lend an inside view of how the U.S. State Department secretly handed Enbridge a permit to expand the capacity of its U.S.-Canada border-crossing Alberta Clipper pipeline, which carries tar sands diluted bitumen ("dilbit") from Alberta to midwest markets. 

"Carbon Copy": How Big Oil and King Coal Ghost Write Letters for Public Officials, Business Groups

Cross-Posted from DeSmogBlog

The Billings Gazette has revealed that coal mining company Cloudpeak Energy ghost wrote protest letters to the U.S. Department of Interior (DOI) on behalf of allied policymakers and business groups. 

Reporter Tom Lutey examined numerous letters written to DOI from Montana-based stakeholders and noticed something unusual: the language in every single letter was exactly the same. That is, the same except for a parenthetical note in one of them instructing the supposed writer of it to "insert name/group/entity."

BNSF Challenges Lawsuit From Engineer Who Ran For His Life From Exploding Oil "Bomb Train"

Cross-Posted from DeSmogBlog

Burlington Northern Santa Fe (BNSF) has responded defensively to the oil-by-rail lawsuit filed by former BNSF locomotive engineer Bryan Thompson, a case recently reported on by DeSmogBlog.

ALEC Climate Denial: Corporate Bill Mill Threatens Lawsuit For Saying So

Cross-Posted from DeSmogBlog

The American Legislative Exchange Council (ALEC) has threatened public interest group Common Cause with a lawsuit for pointing out what the public record has made clear: ALEC denies the scientific consensus on climate change.

As first reported by The Washington Post, ALEC's lawyers Alan Dye and Heidi Abegg wrote a cease-and-desist letter to Common Cause president Miles Rapoport. Dye and Abegg demanded that Common Cause stop calling ALEC a cog in the climate denial machine. 

"We demand that you cease making inaccurate statements regarding ALEC, and immediately remove all false or misleading material from the Common Cause, and related, websites within five business days," they wrote. "Should you not do so, and/or continue to publish any defamatory statements, we will consider any and all necessary legal action to protect ALEC."

ALEC critics call the organization a "corporate bill mill." 

Dye and Abegg also demanded an immediate and public retraction of statements the Common Cause has made about ALEC with regards to climate denial.

ALEC Climate Denial Lawsuit

Image Credit: Common Cause

Further, Dye and Abegg argued that ALEC — contrary to the vast amount of evidence collected by those who research the organization — does not deny climate change.

Disclosure Fail: Industry Reps Testifying for Denton, Texas Fracking Bill Left Ties Undisclosed

Cross-Posted from DeSmogBlog

March 24 hearing prior to the passage of a controversial bill out of committee that preempts cities in Texas from regulating hydraulic fracturing ("fracking") for oil and gas obtained from shale basins, featured numerous witnesses who failed to disclose their industry ties, including some with ties to the Koch brothers

BNSF Engineer Who Manned Exploding North Dakota "Bomb Train" Sues Former Employer

Cross-Posted from DeSmogBlog

A Burlington Northern Santa Fe (BNSF) employee who worked as a locomotive engineer on the company's oil-by-rail train that exploded in rural Casselton, North Dakota in December 2013 has sued his former employer

Casselton North Dakota Oil by Rail Explosion

Photo Credit: Shawn Rode

Filed in Cass County, the plaintiff Bryan Thompson alleges he "was caused to suffer and continues to suffer severe and permanent injuries and damages," including but not limited to ongoing Post-Traumatic Stress Disorder (PTSD) issues.

Thompson's attorney, Thomas Flaskamp, told DeSmogBlog he "delayed filing [the lawsuit until now] primarily to get an indication as to the direction of where Mr. Thompson's care and treatment for his PTSD arising out of the incident was heading," which he says is still being treated by a psychiatrist.

The lawsuit is the first of its kind in the oil-by-rail world, the only time to date that someone working on an exploding oil train has taken legal action against his employer using the Federal Employers' Liability Act.

BNSF Engineer Casselton Lawsuit

Image Credit: State of North Dakota District Court; East Central Judicial District

Iowa GOP Lawmaker: Rick Perry’s Involvement With Bakken Fracked Oil Pipeline “A Bad Idea”

Cross-Posted from DeSmogBlog

By David Goodner and Steve Horn 

Everyday Iowa voters are less likely to caucus for former Texas governor and potential presidential candidate Rick Perry “because of his involvement” with a controversial oil pipeline proposal, according to an influential state lawmaker who has made eminent domain one of his signature issues in the Iowa House of Representatives.

Bobby Kaufmann Rick Perry

Photo Credit: Iowa House Republicans

“Politically speaking, I am not sure there is as much upside for him to be involved as there is downside,” Iowa state representative Bobby Kaufmann (R-Wilton) told DeSmogBlog. “People would likely not vote for him for being involved with the pipeline.” 

Last month, DeSmogBlog broke news that Perry’s appointment to the Board of Directors of Energy Transfer Partners (ETP) could cost him support in the Iowa Caucuses. Energy Transfer Partners is a Texas-based company whose subsidiary, Dakota Access, LLC, has petitioned the state of Iowa to build a pipeline to transport up to 575,000 barrels per day of oil obtained from North Dakota's Bakken Shale via hydraulic fracturing (“fracking”)

Kaufmann’s statement to DeSmogBlog marks the first public criticism of Perry on this issue by a sitting Republican lawmaker. It also comes on the heels of Perry’s scheduled March 7 return to Iowa to speak at the Iowa Ag Summit alongside other likely Republican presidential candidates.

Kaufmann’s remarks to DeSmogBlog also come in the aftermath of Iowa’s paper of record, The Des Moines Register, releasing a poll finding that 74 percent of Iowans are opposed to the use of eminent domain to build the pipeline.

“I think any presidential candidate’s association with eminent domain could be unhelpful” to them in the Iowa Caucuses, Kaufmann said. 

Sued by Chesapeake Energy for Stealing Trade Secrets, Aubrey McClendon Hires PR Giant Edelman

Cross-Posted from DeSmogBlog

Chesapeake Energy has sued its former CEO, Aubrey McClendon, for allegedly stealing its trade secrets in the months between his resignation and the formation of his new company, American Energy Partners. To defend itself outside of the courtroom, American Energy Partners has hired Edelmanthe 'world's largest' and often controversial public relations firm.

Photo Credit: Matthew Staver/Bloomberg via Getty Images

Filed on February 17 at the District Court of Oklahoma County, Chesapeake's legal complaint alleges McClendon covertly took map-based data owned by the company in the time between resigning from the company and then officially leaving the company in early 2013. Chesapeake also alleges that he then utilized that same confidential data for business and investment decisions at his new startup in deciding which land to purchase for hydraulic fracturing ("fracking") for oil and gas.

"AEP used confidential information and trade secrets stolen by McClendon from Chesapeake as a basis for their decision to acquire certain acreage in the Utica Shale Play," alleges the lawsuit. "Further, in acquiring this acreage...AEP interfered with Chesapeake's business plans and its negotiations for its own acquisition of acreage in the Utica Shale play."

Chesapeake Energy alleges that, before taking the data with him, McClendon asked a former company vice president of land, whose name is redacted in the complaint, to optimize and update the data.

Chesapeake Energy v. American Energy Partners Complaint
Image Credit: District Court of Oklahoma County

Facing Felony Charges, Rick Perry Joins Board of Pipeline Company Proposing Pipeline Across Iowa

Cross-Posted from DeSmogBlog

Additional Reporting by David Goodner

Former Texas Republican Governor Rick Perry has joined the board of directors at Energy Transfer Partners, a natural gas and propane company headquartered in Dallas, Texas that has proposed to build a controversial Bakken crude oil pipeline across Iowa.

Enbridge Gets Another Federal Tar Sands Crude Pipeline Permit As Senate Debates Keystone XL

Cross-Posted from DeSmogBlog

On January 16, the U.S. Army Corps of Engineers gave Enbridge a controversial Nationwide Permit 12 green-light for its proposed Line 78 pipeline, set to bring heavy tar sands diluted bitumen ("dilbit") from Pontiac, Illinois to its Griffith, Indiana holding terminal.

Heather Zichal, Former Top Obama Energy Aide, Named Fellow at Industry-Funded Atlantic Council

Cross-Posted from DeSmogBlog

Heather Zichal, former top climate and energy aide to President Barack Obama his top aide in crafting his 2008 presidential campaign energy platform, has joined the industry-funded Atlantic Council as a fellow at its Global Energy Center.

Photo Credit: Wikimedia Commons

Center for Public Integrity Reveals How PR Firms Manufacture Consent for Oil, Big Business

Cross-Posted from DeSmogBlog

The Center for Public Integrity has broken new ground by publishing a months-long investigation into the public relations and influence-peddling spending conducted by Big Business trade associations between 2008-2012.

Not Just Public Lands: Defense Bill Also Incentivizes Fracked Gas Vehicles

Cross-Posted from DeSmogBlog

DeSmogBlog recently revealed how Big Oil's lobbyists snuck expedited permitting for hydraulic fracturing ("fracking") on public lands into the National Defense Authorization Act (NDAA) of 2015, which passed in the U.S. House and Senate and now awaits President Barack Obama's signature.

A follow-up probe reveals that the public lands giveaway was not the only sweetheart deal the industry got out of the pork barrel bill. The NDAA also included a provision that opened the floodgates for natural gas vehicles (NGVs) in the U.S.—cars that would largely be fueled by gas obtained via fracking.

Photo Credit: Wikimedia Commons

The section of the bill titled, "Alternative Fuel Automobiles" (on page 104) lays it out:

NDAA of 2015 Natural Gas Vehicles
Image Credit: U.S. Government Publishing Office 

Revealed: How Big Oil Got Expedited Permitting for Fracking on Public Lands Into the Defense Bill

Cross-Posted from DeSmogBlog

The U.S. Senate has voted 89-11 to approve the Defense Authorization Act of 2015, following the December 4 U.S. House of Representatives' 300-119 up-vote and now awaits President Barack Obama's signature.

 Photo Credit: C-SPAN Screenshot

The 1,648-page piece of pork barrel legislation contains a provision — among other controversial measures — to streamline permitting for hydraulic fracturing ("fracking") on U.S. public lands overseen by the Bureau of Land Management (BLM), a unit of the U.S. Department of Interior.

Buried on page 2,179 of the bill as Section 3021 and subtitled "Bureau of Land Management Permit Processing," the bill's passage has won praise from both the American Petroleum Institute (API) and the Independent Petroleum Association of America (IPAA) and comes on the heels of countries from around the world coming to a preliminary deal at the United Nations climate summit in Lima, Peru, to cap greenhouse gas emissions.

"We applaud the Senate...and are hopeful the president signs this measure in a timely fashion," said Dan Naatz, IPAA lobbyist and former congressional staffer, in a press release

Alluding to the bottoming out of the global price of oil, Naatz further stated, "In these uncertain times of price volatility, it’s encouraging for America’s job creators to have regulatory certainty through a streamlined permitting process.”

Streamlined permitting means faster turn-around times for the industry's application process to drill on public lands, bringing with it all of the air, groundwater and climate change issues that encompass the shale production process. 

At the bottom of the same press release, IPAA boasted of its ability to get the legislative proposal introduced initially by U.S. Sen. Tom Udall (D-NM) as the BLM Permit Processing Improvement Act of 2014 after holding an "educational meeting" with Udall's staffers. Endorsed by some major U.S. environmental groups, Udall took more than $191,000 from the oil and gas industry during his successful 2014 re-election campaign.

IPAA's publicly admitted influence-peddling efforts are but the tip of the iceberg for how Big Oil managed to stuff expedited permitting for fracking on U.S. public lands into the National Defense Authorization Act of 2015.

Obama Signals Keystone XL "No" on Colbert Report As Enbridge "KXL Clone" He Permitted Opens

Cross-Posted from DeSmogBlog

In his December 8 "Colbert Report" appearance, President Barack Obama gave his strongest signal yet that he may reject a presidential permit authorizing the Alberta to Cushing, Oklahoma northern leg of TransCanada's Keystone XL tar sands pipeline. 

Photo Credit: Comedy Central Screenshot

Yet just a week earlier, and little noticed by comparison, the pipeline giant Enbridge made an announcement that could take the sails out of some of the excitement displayed by Obama's "Colbert Report" remarks on Keystone XL North. That is, Enbridge's "Keystone XL Clone" is now officially open for business. 

"Keystone XL Clone," as first coined here on DeSmogBlog, consists of three parts: the U.S.-Canada border-crossing Alberta Clipper pipeline; the Flanagan, Illinois to Cushing Flanagan South pipeline; and the Cushing to Freeport, Texas Seaway Twin pipeline.

Enbridge announced that Flanagan South and its Seaway Twin connection are now pumping tar sands crude through to the Gulf of Mexico, meaning game on for tar sands to flow from Alberta to the Gulf through Enbridge's pipeline system.

Alberta Clipper, now rebranded Line 67, was authorized by Hillary Clinton on behalf of the Obama State Department in August 2009 and got a quasi-official permit to expand its capacity by the State Department over the summer. That permit is now being contested in federal court by environmental groups.

Flanagan South, meanwhile, exists due to a legally contentious array of close to 2,000 Nationwide Permit 12 permits handed out by the U.S. Army Corps of Engineers, which — as with Alberta Clipper expansion — has helped Enbridge usurp the more democratic and transparent National Environmental Policy Act (NEPA) review process

Like Canada's Harper Government, Obama Administration Muzzling Its Scientists

Cross-Posted from DeSmogBlog

In recent years, Canadian Prime Minister Stephen Harper has come under fire for disallowing scientists working for the Canadian government to speak directly to the press

Photo Credit: U.S. Department of State

An article published in August by The New Republic said "Harper's antagonism toward climate-change experts in his government may sound familiar to Americans," pointing to similar deeds done by the George W. Bush Administration. That article also said that "Bush's replacement," President Barack Obama, "has reversed course" in this area.

Society for Professional Journalists, the largest trade association for professional journalists in the U.S., disagrees with this conclusion. 

In a December 1 letter written to Gina McCarthy, administrator for the U.S. Environmental Protection Agency (EPA), the society chided the Obama administration for its methods of responding to journalists' queries to speak to EPA-associated scientists. 

"We write to urge you again to clarify that members of the EPA Science Advisory Board (SAB) and the twenty other EPA science advisory committees have the right and are encouraged to speak to the public and the press about any scientific issues, including those before these committees, in a personal capacity without prior authorization from the agency," said the letter.

"We urge ensure that EPA advisory committee members are encouraged share their expertise and opinions with those who would benefit from it."

New Obama State Dept Top Energy Diplomat Amos Hochstein A Former Marathon Oil Lobbyist

Cross-Posted from DeSmogBlog

The U.S. State Department recently announced that Amos Hochstein, currently the special envoy and coordinator for international energy affairs, will take over as the State Department's top international energy diplomat.

Amos Hochstein State Department

Photo Credit: U.S. Department of State

Hochstein will likely serve as a key point man for the U.S. in its negotiations to cut a climate change deal as part of the United Nations Framework Convention on Climate Change (UNFCCC), both at the ongoing COP20 summit in Lima, Peru and next year's summit in Paris, France. Some conclude the Lima and Paris negotiations are a "last chance" to do something meaningful on climate change.

But before getting a job at the State Department, where Hochstein has worked since 2011, he worked as a lobbyist for the firm Cassidy & Associates. Cassidy's current lobbying client portfolio consists of several fossil fuel industry players, including Noble Energy, Powder River Energy and Transwest Express. 

Back when Hochstein worked for Cassidy, one of his clients was Marathon Oil, which he lobbied for in quarter two and quarter three of 2008, according to lobbying disclosure forms reviewed by DeSmogBlog.

Hochstein earned his firm $20,000 each quarter lobbying the U.S. House of Representatives and the U.S. Senate on behalf of Marathon. 

Image Credit: Office of the Clerk, U.S. House of Representatives

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