In the Delaware Riverkeeper v. Federal Energy Regulatory Commission (FERC) case, judges ruled that a continuous pipeline project cannot be segmented into multiple parts to avoid a comprehensive National Environmental Policy Act (NEPA) review. This is what Kinder Morgan proposed and did for its Northeast Upgrade Project.
Regulating by emergency orders gives the distinct impression that the government is wholly unprepared to deal with safe handling of ultra-hazardous oils. Maybe it's time to take a good look at what we are doing and where we are heading before creating an energy future that may be slowing national productivity, not building it.
Already, 19 companies, including Walgreens, Whole Foods, and Columbia Sportswear have committed to take action on tar sands fuel for their vehicle fleet and shipping operations. Other companies interested in taking action on tar sands have expressed confusion over the chain of custody for petroleum.