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Tough Times for Tar Sands

Posted: 11/08/11 09:36 AM ET

Sunday's stunning "hands around the White House" demonstration by 12,000 citizens in opposition to the Keystone XL tar sands export pipeline was the culmination of what's been a brutal three months for the tar sands cartel -- the Koch brothers, Shell, Valero, and TransCanada -- which thought it could slip the pipeline through without serious scrutiny or opposition in the wake of the economic crisis.

First, the Keystone proposal became the focus of the most significant climate civil disobedience in the U.S. to date, with over 1,000 demonstrators going to jail to alert the president to the risk. Then it became clear that a scandalously shoddy see-no-hear-no-speak-no-evil environmental impact statement from the State Department had only served to focus public and political attention on the blatant insider dealing and conflicts of interest that have plagued the handling of the pipeline at Foggy Bottom. The tar sands cartel had counted on State Department approval by the end of 2011; now the Obama administration has made it clear that it would not be rushed. The state of Nebraska, the center of heartland opposition, seems determined for force the pipeline to be rerouted, to avoid the Ogallala, America's Aquifer. A special session of the legislature was called to establish state policy. Members of Congress began focusing on the reality that the real business purpose behind the Keystone XL pipeline was not to increase U.S. supplies of North American oil but to decrease them -- by giving tar sands producers access to the Gulf of Mexico for shipping to European and Asian markets. (The Chinese turn out to have invested $15 billion in Alberta oil projects.) President Obama took personal responsibility for his administration's pending decision and sent signals that promised a thorough and serious review.

TransCanada's response to this unwelcome scrutiny has been a combination of whining and bullying. Pipeline backers offered the Nebraska state government a $100 million bribe if it would agree to rubberstamp the pipeline route. Nebraska's governor called a special session of the legislature anyway -- but other states that had previously approved the route began putting their hands out for promised pay-offs.

TransCanada then began lamenting the economic losses it would face from a delay. In a court case, the company claimed that delays could cost it $1 million per day: "TransCanada has a significant interest in being able to satisfy existing contractual obligations to its shippers on the Keystone XL pipeline." TransCanada also argued that it would fail to meet obligations to its customers: "Should the delay in issuance of a presidential permit extend beyond 2011, it will jeopardize TransCanada's ability to meet the terms of its shipping agreements and further increase the economic harm TransCanada will suffer..." The company's president warned that its shippers might cancel their contracts, and said that none of the refiners and producers involved had any back-up plan to meet their needs except getting Keystone built on the current schedule.

But the mainstream media have missed the real meaning of TransCanada's claims that it will be unable to meet its obligations and that the tar sands producers will be unable to ship their product. Clearly, in the view of the tar sands cartel, the U.S. review of the project was pro-forma. Not only did they assume it would be approved, but they also signed extensive contracts, bought billions of dollars of steel and other materials, purchased rights of way, and negotiated shipping agreements -- all based on the assumption that the U.S. government would automatically approve the pipeline in its original configuration, scale, design, and routing.

This is a bit like a man proposing marriage to a woman and, when she says she needs time to think about it, objecting that he has already printed the invitations and spent $50,000 on the wedding dinner, the floral arrangements, and the honeymoon. TransCanada, Koch, Shell, and Valero had no reason to assume that approval of Keystone XL would be a slam dunk. In fact, they (more than anyone) knew when they planned the project that it did not meet the required legal standard -- that it be in the best interest of the United States.

We can be sure of this because they designed the route to be in the best interest of themselves, perhaps Canada, perhaps even Europe and China -- but certainly not the United States. Current routes for shipping tar sands oil to U.S. refiners have a major disadvantage -- the oil they provide is dirty and dangerous, so dirty and dangerous that one U.S. refiner, Marathon, has just agreed to buy out the community surrounding its Detroit refinery. But those routes do have an advantage as well -- the price paid by the U.S. for Alberta oil is protected from spikes in the global oil market, so if Iran were to shut down its oil shipments, tar sands oil would not go up nearly as much as global prices. This is a useful economic hedge to keep oil prices down in the Midwest.

The Keystone XL, however, would get tar sands oil to the Gulf of Mexico, from where it could be exported to wherever the most lucrative market might be in the case of a petroleum price spike. TransCanada denies this in the U.S., but freely admits it in Canada, as do its partners like Valero. The economic purpose of this pipeline is to raise the price of oil in the Midwest -- hardly in the national interest of the United States. And when asked if it would support legislation requiring that its new oil supplies be sold here in the U.S., TransCanada loudly rebuffed the idea -- because, they said, it would be an unnecessary safeguard!

They actually routed the pipeline through the most sensitive regions of one of our biggest and most important aquifers, the Ogallala, because that was the shortest, cheapest route for them -- although also the most environmentally risky.

Additionally, the pipeline backers made sure that the refineries at the end of their route were in tax-free zones, so that the U.S. would not even get the benefit of higher local taxes from allowing its territory to be used as a transshipment corridor for foreign oil being shipped to foreign markets. And they picked refineries in Texas, a state where they knew lax pollution regulations and generous state giveaways by Governor Rick Perry would fatten their profits at the expense of the communities that suffered the pollution from refining their filthy bitumen.

It's important to remember what the National Environmental Policy Act requires -- the U.S. government must approve not simply an acceptable alternative but the best alternative for the country. Clearly, the Keystone XL is not that best alternative.

But Koch, Valero, Shell, and TransCanada gambled that the complaisant, all-oil-24/7 regulatory regime of the Bush administration would still be in place for their project. They hoped no one would notice. Now they are forced to hope that even though their game has been exposed, the Obama administration, the state of Nebraska, and the U.S. courts will all roll over and play dead.

After Sunday's massive protest, that seems less likely.

 
 
 

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04:53 AM on 11/11/2011
Google the "Global Oil Scam" by Phil Davis. Purchase solar panels. If there is supposed to be an energy shortage in the US, then, why are petroleum products from the Keystone XL, going to be exported to Europe and China? The only jobs created by the oil industry are clean-up jobs after oil spills and deep water, blow-outs and pump-handler jobs. Small businesses create the jobs, not Big Oil and big business.
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ClimateHawk
Think before posting.
08:28 PM on 11/09/2011
Thank you, Carl, for the excellent explanation.

I was at the White House protests in August and again last weekend.

The Sierra Club did a great job helping make the "ring around the White House" successful.
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Michael D Ballantine
Former Presidential Candidate - Amer Elect 2012
01:35 AM on 11/09/2011
I wish I had your confidence but unless the tiger changes his stripes, President Obama seems to be gun shy when it comes to taking on corporate interests. They will probably make some noise, force a minor change and then attach it to the unemployment bill for 2012. The President will say, I did what I could but they forced my hand and you know well, there are unemployed people who need their money. Let's make this a campaign issue for 2012. The candidate that supports the Keystone Pipeline, votes for the pipeline, or authorizes the pipeline does not get progressive votes.
10:17 PM on 11/08/2011
Never mind the risk of spills and aquifer contamination--that's small potatoes. Oil from tar sands creates gasoline which allows a Prius to have the carbon footprint of a Hummer. If the world burns this product, as far as global warming goes, it's all over. Pack up and move on to the next planet.
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deweaver
Scientist, businessman, semi-retired
05:47 PM on 11/08/2011
So, with the Sierra Clubs blessings and great PR effort, we will end up with an oil pipeline going from Alberta to BC, all in Canada. The crude oil will then travel from Vancouver to Houston via ship at higher environmental risk. Houston is where the refining capacity is to handle this heavy oil.

In a way, it may actually benefit the Sierra Club. The increased environmental risk of oil sands oil being conveyed by ship heightens the likelihood of a tanker accident. If that blessed event should occur, they will be able to use it in their fund raisers. Most pipeline accidents aren't spectacular enough, because the shut-off valves ensure that any spills which might occur would be much smaller ones compared to the spectacular ones which are a possibility with ship transport.
11:16 PM on 11/08/2011
First, to state that the Sierra Club wants to stop the US Keystone pipeline, not because of environmental reasons (which, incidentally, fully identifies with their mission statement as well as decades of work) but instead, to increase the likelihood of a greater environmental disaster--so they can get more money--to save the environment, is completely preposterous.

Second, stopping the Keystone Pipeline is fantastic no matter what the alternative tar sand options are. Tar sands are ridiculous dirty--in every sense, and should be locked in the ground forever. If TransCanada has billions in sunk costs in the Keystone pipeline, and then is forced to pony up billions more for a Alberta-BC pipeline, and then pay for shipping to Houston, it's likely that the fuel will no longer be economically feasible and would therefore stay in the ground forever. This is the best possible thing that could happen. Therefore, it is imperative that we fight the Keystone XL pipeline as hard as we possibly can to stop it from being built.
01:28 PM on 11/09/2011
Good points Paul but also remember that the Alberta-BC pipeline (Enbridge Northern Gateway) is by no means a done deal. There is tremendous opposition to this pipeline proposal among Aboriginal groups in BC (whose land the pipeline would cross) and among the general public. If Northern Gateway can be killed or long-delayed, tar sands oil will indeed be staying in the ground for the time being (well, at least the rate of extraction will not increase dramatically). Following the Keystone XL decision, this is shaping up to be the next big tar sands battle.
www.earthgauge.ca
04:06 PM on 11/08/2011
I would just like to make a couple of factual comments:
- Western society at this time in history relies on and requires fossil fuels.
- yes we need to start looking at alternatives, but not many cars or jet planes run on anything else
- almost all of our consumer goods involve plastics-which come from crude oil
- three largest products derived from crude oil - gasoline, diesel fuel, and jet fuel
- North Americans are the largest users of energy
- the largest suppliers of crude oil to the US are Middle Eastern countries- highly unstable
- most secure source of energy to US is Canada, its ally and next-door neighbor.
11:47 PM on 11/08/2011
How does climate change enter into these factual comments? Do you think that it doesn't exist? Essentially every non-partisan scientific body on the entire planet believes that we are already at the precipice with regards to the life-changing consequences of climate change. Do you think tapping a fuel supply that is 3 times dirtier than the stuff that got us to this point already....is just fine? Seriously, what do you think will happen, nothing? Where's the factual comment on this?

How does the the fact that fossil fuels are totally and completely unsustainable and are absolutely, without-a-doubt, guaranteed run out (or be depleted to economic infeasibility) factor into your factual comments? We have repeated, historical proof that humans are incapable of changing our energy supply without economic scarcity forcing us to do so. As soon as the scarcity is relieved, all efforts on alternatives are abandoned and old habits are resumed. The proof of this is the fact that we've had two major oil shortages in the 70s and 80s, during which great efforts for alternatives were attempted and then abandoned as soon as the pipes were opened again. Thus the argument that we can bring alternatives to truly high penetration levels while developing unconventional oil is completely false. The only thing tar sands will do is make us even more entrenched in an oil-dependent economy, making it that much harder to switch when every last drop of unconventional oil runs dry.
09:24 AM on 11/09/2011
First of all I did not refer to climate change because that is not what this discussion is about. I simply want people to realize that yes we do need to start the move to alternative forms of energy, but realistically those are decades off. Are you and others willing to live with readily available energy to power cars and planes for 20 or 30 years or more while that alternate technology is developed? The major oil shortages of the 70s and 80s were caused by Middle East embargos of shipments to the US. not by actual shortages. This was a demonstration of how unstable and unreliable those countries are as sources of energy. Appreciate your comments. Lots of food for thought here.
03:39 PM on 11/08/2011
If there is supposed to be an energy shortage in the US, then, why is oil being exported to China and Europe? America first.
01:25 PM on 11/08/2011
I think the oil companies are actually playing Major Water Pollution Bingo. They've got most of the oceans and the rivers in Appalachia. All they need to win is one Midwestern aquifer and we win!
Linus521
In wildness is the salvation of mankind
12:49 PM on 11/08/2011
For years, I believed the environmental movement was dead, replaced with green toilet scrubbers, green carpet shampoos and green buildings. It appears, it may be resurrecting itself because of the pipeline. How can a building be green when they killed the living, life sustaining planet for the construction of the building, burying the Earth under tons of dead, lifeless concrete tombs and scouring the land around it with roads, bulldozers, chain saws and concrete?

However, most everyone involved with this ecological tragedy have forgotten the first green, the big green that gave energy and soul to the birth of the environmental movement. This pipeline will butcher multi-thousands of acres of ecosystem, like the boreal, wetland, riverine and grassland, the most significant and most critical environmental call to action. Currently and in tune with this article, the focus is only the impact to man regarding a clean environment and not a life giving and sustaining ecosystem, every and all reasons mankind is breathing. What of the life and life supporting of the Earth as killing ecosystems will kill that much of the planet, the big green, the green that matters more than all other issues and concerns!

Eco-scientists maintain man is suicidal when he kills ecosystems!
12:34 PM on 11/08/2011
The scary thing is that there are still people out there who think this will create jobs in the US. I spent my early childhood in Fort McMurray, have known about and researched oil sands production for years, and I still retain my Canadian citizenship to this day. Yet I can still say, with utmost certainty, that the US is not supposed to be a benefactor in this plan. The fact is, if you want a job created by this pipeline, regardless if you are American or Canadian, you are going to have to move to Fort McMurray or a nearby area. American tanker truck drivers will lose their jobs, and the increase in gas prices throughout the Midwest will cause others to lose their jobs, while it is likely that only 5 or 6 thousand people will be temporarily employed in construction this pipeline. All so that the oil companies can pump oil through the US to an international free trade zone where they can sell it to the highest bidder. Right now they have to sell it to the US. They could just enhance their current pipeline to bring it to more of the US, but this is not their goal. China is the goal. The US has supported the success of China long enough. The other Provinces of Canada and the United States needs to stand up to Alberta's desire to become wealthy at everyone else's expense.
12:32 PM on 11/08/2011
Wow a whole 12,000 protestors.

Like it or not we need the XL pipe line and the oil its will bring to the market. We will be using oil for decades to come and I'd rather get oil from Canada then the Middle east.
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ultrawiz
Holding the Middle Ground
03:36 PM on 11/08/2011
How about paying attention? This oil is being pumped thru the US to be sold on the world market, NOT to benefit the US. If this monstrosity is built oil prices in the Midwest will go UP. The only ones that will benefit from this pipeline are the owners. One more time, and I will type slowly in the hopes you finally get it, this oil is NOT for United States use, it is being sold to the rest of the world. GOT IT?
sonoffestus
Got smart & got out!
04:12 PM on 11/08/2011
jj will still not understand.
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Mike Cofta
04:39 PM on 11/08/2011
Do you have even the slightest idea of how the markets work...?1?!?
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xenubarb
Nebulon V
11:41 AM on 11/08/2011
How much force are we allowed to protect systems we depend on for survival? Surely an oil "incident" that contaminates "America's Aquifer" can't be a good thing.

At some point, ladies and gentlemen, we are going to have to seriously fight for the right to clean air and water. When some state dept. mutt tells you it's safe, and then suddenly all the newborns in the area emerge without brains, or one big eye, or a dozen little eyes and feelers, it's too late.

The fight should kick in as soon as your water supply is threatened. Threatened, I might add, by people who don't give a rat about you or your family, or the environment, or anything but that big fat profit they're planning on reaping.

My recipe for Koch au Vin is still available, if you get my drift.
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11:00 AM on 11/08/2011
Nice to see some good (great) news for a change. Thank you to all who have protested (and written about) this environmental crime in process. Maybe there is a little hope for saving the good earth after all.
03:59 PM on 11/08/2011
"saving the good earth" - what about all the millions and millions of barrels of crude oil coming to the US from the Middle East. Guess what? It is transported in supertankers across thousands of miles of ocean. Chances for environmental disaster? I would say extremely high.
12:10 AM on 11/09/2011
So you're saying that tar sands piped to an international port in Houston TX, and eventually headed to China will NOT be shipped in super tankers as well?