Category Archives: Law

Brenham, Texas, and the highly dangerous character of gas and its tendency to escape

Imagine the fireball in 1992 in Brenham, Texas on your land or next to your children’s school or in Riviera Beach or Tampa or Jacksonville. The pipeline companies that stored too much “natural” gas in a cavern 2,000 feet below ground that leaked and exploded and killed and injured people, incinerated cattle, and destroyed houses got off on some charges because they believed their own PR that their inherently dangerous product was safe. Will you accept a pipeline company’s bet that a yard-wide pipeline only a few feet below ground won’t leak or that an LNG storage or export facility in a highly populated area won’t leak? Or should we get on with clean, fast, safe, solar power in the Sunshine State and everywhere else?

A retired Air Force Colonel with an advanced degree in nuclear physics, Walter Carss, was an eye witness to the explosion. Carss said the countryside was suddenly illuminated by a brilliant flash of light. Turning in his chair, Carss looked in the direction of the cavern. There, he observed an enormous fireball billowing skyward. As the fireball cooled, it began to turn into a huge pillar of grey smoke. Carss then noticed a visible shock wave racing across the rural landscape. He watched the shock wave rip Continue reading Brenham, Texas, and the highly dangerous character of gas and its tendency to escape

Pipeline EIA insufficient without interstate highway option –EPA

If FERC needs to consider an interstate highway route for the Constitution Pipeline through Pennsylvania and New York State, it also needs to consider running down I-75 through Georgia and Florida for the Sabal Trail fracked methane pipeline. Just as numerous state and federal agencies insisted on that in New York and Pennsylvania, state agencies in Alabama, Georgia, and Florida and the same federal agencies can insist on the same for the Transco -> Sabal Trail -> FSC 100-foot-wide gash to the sea.

Joe Mahoney wrote for The Daily Star 17 April 2014, EPA deems pipeline study ‘insufficient’,

The U.S. Environmental Protection Agency has concluded that a draft report on the environmental impacts of the proposed Constitution Pipeline is “insufficient,” and that a potential option of co-locating the transmission line along Interstate 88 “has Continue reading Pipeline EIA insufficient without interstate highway option –EPA

LNG exports worse than coal –U.S DoE

The same Office of Fossil Energy (FE) that authorizes LNG exports now reports that methane leaks from fracking wells and pipelines are at least as bad for the climate as CO2 from coal. Add to that the destruction of private property rights, wetlands and forests, and overuse and contamination of groundwater, and fracked methane is a disaster. Plus it diverts resources that could be used to go straight to solar and wind power.

Steven Mufson wrote for the Washington Post 9 June 2014, Exporting U.S. natural gas isn’t as “clean” as you think,

The report is titled “Life Cycle Greenhouse Gas Perspective on Exporting Liquefied Natural Gas from the United States.”

It says the benefits of cleaner, more efficient combustion of natural gas are largely offset by methane leakage in U.S. production and pipelines and by methane leaks and energy used in the process of liquefying and transporting the LNG. In the case of shipping LNG from the U.S. gulf coast to Shanghai, the greenhouse gas benefits could in some cases be completely offset by those factors when measured over a 20-year period, the report says.

The Energy Department report was released Continue reading LNG exports worse than coal –U.S DoE

Sabal Trail and FSC want FERC to avoid considering fracking

Of course FPL and Spectra don’t want FERC to look at fracking, but nothing in FERC’s own rules says it can’t, and a recent court case might be a precedent to get it to do so. Maybe Audubon Florida is discovering trying to tinker with pipeline routes is like signing up for the 1885 Berlin Conference that divided Africa by drawing lines on a map. Sierra Club Florida, Georgia, and Alabama already understand the only appropriate route for that fracked methane boondoggle is no route, with new power from the sun.

I’ve added a few links to these quotes from what Susan Salisbury wrote for the Palm Beach Post 5 May 2014, Fracking not an issue with pipeline for FPL’s plants, firms say, Continue reading Sabal Trail and FSC want FERC to avoid considering fracking

FERC has to consider cumulative pipeline effects

Would this U.S. Court of Appeals ruling mean FERC needs to consider the cumulative effects of the proposed Sabal Trail pipeline on the same properties as the existing SONAT pipeline? And what about those LNG export authorizations FERC has repeatedly claimed it knows nothing about? And how can FERC justify that project at all, given that solar power is faster, cheaper, and far less environmentally damaging?

Katie Colaneri wrote for NPR 6 June 2014, Court rules federal regulators must consider cumulative impacts of pipeline project,

Regulators violated federal law by not considering the cumulative environmental impacts of multiple upgrades to a natural gas pipeline that runs from Pennsylvania to New Jersey, a federal appeals court said on Friday.

Three environmental groups argued the Federal Energy Regulatory Commission (FERC) should not have been allowed to conduct an environmental review for one expansion project on the Tennessee Gas Pipeline without considering three other proposed upgrades on the same line.

The U.S. Court of Appeals agreed.

The judges ruled that FERC failed “to include any meaningful analysis of the cumulative impacts of the upgrade projects.” The judges also found Continue reading FERC has to consider cumulative pipeline effects

It seems that they just draw lines at random –James Ryder via Sen. Marco Rubio

Florida’s other Senator just intervened with FERC on behalf of a landowner who has been trying to get reasonable solutions out of Spectra Energy since at least December. Sabal Trail is trying to force their unnecessary pipeline through this Brooks County, Georgia property among others that already have a gas pipeline: this one also already has an FPL power line. Why should FPL get to deface anybody’s property for both a power line and a pipeline while destroying wetlands and trees? Why do we think this will be the last pipeline if it is allowed to go in? As the Ryders ask, “If this was your farm, how would you like it divided?” How about not at all?

Filed with FERC 6 June 2014 as Senator Marco Rubio submits comments re the Southeast Market Pipelines Project under PF14-1. Florida Senator Bill Nelson intervened on behalf of Amelia Longley back on 1 November 2013.

Cover letter Continue reading It seems that they just draw lines at random –James Ryder via Sen. Marco Rubio

Fracked gas can be as bad for the climate as coal –FWW petition to EPA

Food and Water Watch gets it that coal is only part of the fossil fuel problem:

Under the proposal, power plants, mainly coal-fired plants, would have to reduce their carbon emissions. One way the electricity companies would be allowed to do this is by switching from coal-fired plants to gas-fired plants. The EPA still considers gas a cleaner fuel than coal, because they don’t count the full life of fracked gas. But we know that fracked gas can be as bad for the climate as coal.

Here’s the FWW petition: Continue reading Fracked gas can be as bad for the climate as coal –FWW petition to EPA

Say no to pipeline bait and switch –Marihelen Wheeler

This op-ed spells out actions by Sabal Trail and FERC, that it interprets as deception, and it concludes we can all say no to that unnecessary pipeline. I’ve added a few pictures and links.

Marihelen Wheeler wrote an op-ed in the Ocala StarBanner 1 June 2014, Floridians can and must say no to gas pipeline,

It should be called “psychological bait and switch.” This tactic is being used by corporations trying to engage and solicit residents’ support for controversial projects that will negatively impact those residents. Among the most recent projects is the proposed Sabal Trail gas pipeline that will disturb about 13,670 acres of Florida land.

A company’s first move is to propose an idea that is so distasteful that, Continue reading Say no to pipeline bait and switch –Marihelen Wheeler

The Halliburton fracking Loophole and LNG exports

So FE proposes to follow the law, NEPA, specifically. How about we also repeal the Halliburton Loophole in the Energy Policy Act of 2005 (EPA2005) that enables fracking and LNG exports?

The Office of Fossil Energy (FE)’s parent U.S. Department of Energy (DoE)’s writeup on EPA2005 doesn’t mention its fracking effects or liquid natural gas (LNG) storage or export. FERC’s writeup spells out that EPA2005 not just enabled but required LNG export:

Mandatory within 60 days after date of enactment

Continue reading The Halliburton fracking Loophole and LNG exports

LNG export approval pause puts FERC on hook for EIAs

FERC won’t be able to say it doesn’t know anything about LNG exports anymore, with this plan to require FERC environmental assessments before FE authorization. But this does nothing about the FE authorizations aleady granted, including the three at the end of the Transco -> Sabal -> FSC pipeline. A better idea: cancel LNG exports and build solar power instead.

Jennifer A. Dlouhy wrote for Fuelfix 30 May 2014, Winners and losers in feds’ new gas export review plan,

The Energy Department intends to scrap a two-year-old approach for considering applications to export LNG to countries that don’t have free trade agreements with the United States. Instead of reviewing them in the order they were filed, as the agency largely does now, the Energy Department would first tackle those that have already cleared an expensive, time-consuming environmental assessment typically done by the Federal Energy Regulatory Commission.

Sen. Ed Markey’s statement of 29 May 2014, Markey Commends DOE Move to Study Impacts of Large-scale Natural Gas Exports, heads in the right direction but doesn’t go far enough: Continue reading LNG export approval pause puts FERC on hook for EIAs