EXTRACTED: Daily News Clips 2/23/24

PIPELINE NEWS

• Reuters: Louisiana’s carbon capture permitting authority challenged by enviro groups

• E&E News: Greens press 5th Circuit to toss EPA decision on CO2 wells

• Pipeline Fighters Hub: Summit Carbon Solutions Neglects Outstanding Bills, Leaving Counties Holding the Bag

• South Dakota News Watch: Eminent domain is the latest front in carbon pipeline fight

• Jamestown Sun: Carbon capture potential hot button issue for 2024 election cycle

• Norfolk Daily News: Stanton County commissioners reject pipeline permit

• Ford County Chronicle: Ford County to become intervener in CO2 pipeline hearings — at a cost of up to $40,000

• North Dakota Monitor: Carbon education consultant recommended; critic sees effort as government lobbying 

• Valero Energy Corporation: U.S. Securities & Exchange Commission Form 10-K

• BNN: Peoria’s Distillery TIF Proposal Sparks Environmental Justice Debate Amid CO2 Pipeline Concerns

• Sierra Club: Tell the Army Corps: Don’t take any shortcuts on the proposed Line 5 pipeline reroute in Wisconsin!

• WHYY: Marsh Creek State Park once again the site of cleanup due to Mariner East pipeline construction

• E&E News: GAO slams failed oil and gas decommissioning

• WDRB: Indiana gas company pays $125k fine over pipeline violations in carbon monoxide scare

• Parkersburg News and Sentinel: Washington County engineer raises concerns about gas pipeline

• Environmental Defense Fund: EDF’s new report looks at Non-Pipeline Alternatives to meet energy needs

• World Pipelines: PHMSA opens US$18 million funding opportunities for pipeline and safety activities

WASHINGTON UPDATES

• Guardian: Removing UK climate protesters’ defence ‘could erode right to trial by jury’

• Axios: How carbon removal might scale up, and what could go wrong

STATE UPDATES

• Carbon Herald: Two Ethanol Firms Seek Permission For Carbon Sequestration Projects In Kansas

• Ohio Capital Journal: Hail Mary: Ohio Environmentalists Make Eleventh Hour Plea For Courts To Halt Drilling On State Land 

• NM Political Report: Hearing examiner recommends that PRC reject controversial LNG storage facility

• Carlsbad Current-Argus: New Mexico called on to ban ‘forever chemicals’ in oil and gas, as feds push restrictions

• Associated Press: The Coast Guard takes the lead on spill in western Alaska that is larger than first thought

EXTRACTION

• Pro Publica: The Rising Cost of the Oil Industry’s Slow Death

• Common Dreams: Campaigners Applaud UK Exit From ‘Climate-Wrecking’ Energy Charter Treaty

• Reuters: BP plans return of Whiting, Indiana refinery in March, sources say

CLIMATE FINANCE

• Axios: Climate advocacy group launches campaign to fight ESG backlash

TODAY IN GREENWASHING

• Enbridge: Stepping up to the plate to end hunger in Wyoming

• Enbridge: Turning the Valve on Indigenous Economic Success

OPINION

• Casper Star-Tribune: Smith: The endless loop of coal carbon capture

• The Hill: Biden’s absurd LNG freeze scores one for the opposing team 

• City Limits: NYC Comptroller Should Fight Climate Change, Not Finance It

PIPELINE NEWS

Reuters: Louisiana’s carbon capture permitting authority challenged by enviro groups
Clark Mindock, 2/22/24

“Environmental groups have challenged the Biden administration’s decision to give primary permitting authority to Louisiana over the state’s carbon sequestration wells, which the U.S. government says are key tools to address climate change,” Reuters reports. “The Deep South Center for Environmental Justice and other environmental groups filed a petition at the New Orleans-based 5th U.S. Circuit Court of Appeals on Tuesday challenging the U.S. Environmental Protection Agency’s December decision, which gave Louisiana oversight over wells where carbon dioxide trapped at smokestacks or other industrial facilities is injected deep underground and stored in rock formations… “The groups said that Louisiana’s approach to permitting is less robust than the EPA’s program, raising the risk of groundwater contamination that can harm public health. They also said the program will enable more oil and gas projects to be built in the state that rely on the wells to reduce their emissions… “In North Dakota and Wyoming, the only other two states with such authority, regulators have been able to speed up the process, so permitting takes months instead of years.”

E&E News: Greens press 5th Circuit to toss EPA decision on CO2 wells
Carlos Anchondo, 2/22/24

“Three environmental groups are calling on a federal appeals court to void an EPA decision granting top regulatory authority to Louisiana over carbon dioxide injection wells in the state,” E&E News reports. “The groups submitted a petition Tuesday asking the 5th U.S. Circuit Court of Appeals to review a final EPA rule announced in December that gave so-called primacy over Class VI wells to Louisiana. The wells are used to send CO2 underground into deep rock formations. The Deep South Center for Environmental Justice, Healthy Gulf and the Alliance for Affordable Energy filed the petition this week. The groups will be represented by Earthjustice, a nonprofit environmental law organization. “Petitioners respectfully request that this Court hold unlawful, vacate, and set aside the final rule, and grant any such further relief as may be deemed just and proper,” the groups said in their petition.

Pipeline Fighters Hub: Summit Carbon Solutions Neglects Outstanding Bills, Leaving Counties Holding the Bag
Emma Schmit, 2/21/24

“Following the announcement that Summit Carbon Solutions has fallen behind on thousands of dollars in reimbursements to Hancock County, Iowa, further investigation has uncovered that the Delaware-incorporated company has accrued nearly $60,000 in unpaid bills that are several months old owed to more than half a dozen counties across Iowa,” according to the Pipeline Fighters Hub. “A majority of the delinquent invoices relate to preparatory work completed by county inspectors, which Summit is required to repay. In one example, Summit has an outstanding bill of $15,000 to Webster County, Iowa. This failure to compensate local communities appears in direct contrast to Summit’s recent claim stating that the company’s proposed carbon pipeline project would provide economic benefits to Iowa counties that would “help schools, improve the area, and support the local townships.” In response, Dan Tronchetti, a landowner facing the threat of eminent domain by Summit, stated, “We’ve said all along that Summit lacks ethics and integrity, but this is just another slap in the face. During a time where many Iowans are struggling just to survive, there is no excuse for a purported multi-billion dollar corporation to not pay its bills on time. Perhaps if they hadn’t spent so much on purchasing politicians, they could afford to reimburse our counties.” Landowners and communities across the state are questioning why Iowa would want to do business with an industry that threatens lawsuits, sues counties for passing common-sense zoning ordinance protections, misleads and conceals safety information and is delinquent on bills for work completed on the project. Richard McKean, a landowner from Emmet, said, “Summit is continuing to prove that they are not a fit company to do business with. Who would want to work with a company that relies on flimsy lawsuits, uncompensated labor, and public misinformation campaigns to reach their goals? Iowa ought to send Summit a final notice for more than just their unpaid bills – their entire carbon pipeline scheme needs to be put on final notice.”

South Dakota News Watch: Eminent domain is the latest front in carbon pipeline fight
Bart Pfankuch, 2/22/24

“Some of the most contentious, emotionally charged debates during the 2024 South Dakota legislative session have been about property rights and whether a private company can use eminent domain to force a carbon dioxide pipeline onto land against the owner’s will,” South Dakota News Watch reports. “…The core of the issue is about taking people’s lands, and it’s starting to infringe on the American way,” Joy Hohn, whose family farm west of Sioux Falls near Hartford is on the proposed pipeline route, told News Watch. “Prior to this, our eminent domain laws were for projects that were for the good of the people and that benefit the public. But when you have an out-of-state, foreign-backed company using the threat of eminent domain in their dealings, it’s not good and people are really fired up about that.” “…One of the leading eminent domain opponents, Rep. Jon Hansen, a Dell Rapids Republican, sponsored House Bill 1219, which would prohibit the use of the process specifically for pipelines that would carry carbon dioxide. “It’s about protection of our people, the people of South Dakota,” he told News Watch. “This bill is about protecting South Dakota landowners’ constitutional private property rights from, frankly, the bullying and harassment we have seen inflicted on our people in this state by an out-of-state, for-profit, foreign-backed company over the last year.” “…The president of one of South Dakota‘s largest agricultural groups, Doug Sombke of the South Dakota Farmers Union, told News Watch the public at large should be concerned that under current eminent domain laws, their personal property including land, homes and even cars could be taken without consent by private companies seeking a profit… “Yackley also told News Watch he has heard from people he knows well that Summit representatives did pressure them to allow the pipeline on their land. “I’ve got friends up north that I trust, and they tell me they were bullied (by Summit). And I believe them because they had no reason to lie to me,” he told News Watch. “We just didn’t have that, and I’m sorry that they did.”

Jamestown Sun: Carbon capture potential hot button issue for 2024 election cycle
Michael Standaert, 2/22/24

“Political decisions on carbon capture are making strange bedfellows in North Dakota,” the Jamestown Sun reports. “From environmental rights activists on the left, to property rights advocates on the right, a motley coalition has formed to push back against efforts to build a pipeline to pump CO2 from ethanol plants across the Midwest to store deep below the ground in central North Dakota. A new North Dakota Poll released Feb. 20 found that only 16% of eligible voters in the state believe capturing carbon dioxide will reduce the impacts of climate change. Another 40% are unsure, and 27% believe it won’t work… “Rick Becker, former state legislator and a candidate in the Republican primary for North Dakota’s only congressional seat in June, told the Sun the figures show people don’t agree upon or understand the purpose of the CO2 pipeline… “Curt Stofferahn, chair of the Dakota Resource Council, which opposes the Summit Carbon Solutions pipeline, told the Sun he’s had a variety of political persuasions come to DRC meetings about it. Worries range from pipeline safety concerns for local communities, to liability concerns from farmers of the pipeline crossing their land, to the potential use of “eminent domain for private gain,” he told the Sun. “We’ve got a wide variety of people coming to us, saying ‘Where’s my political party? How come they’re not opposing this?’” Stofferahn told the Sun. According to the poll, which surveyed 500 eligible North Dakota voters, only 8% of Republicans, 16% of Independents and 36% of Democrats believe capturing and storing carbon dioxide underground will reduce the effects of climate change… “The people that are promoting this are only doing (so) because of the carbon tax credits,” Stofferahn told the Sun. “They don’t care about climate change. They don’t care about rural communities. All they want is the profit they can gain from these carbon tax credits.”

Norfolk Daily News: Stanton County commissioners reject pipeline permit
JON HUMPHRIES, 2/23/24

“A proposed multi-state carbon pipeline project hit a roadblock on Tuesday as Stanton County commissioners voted unanimously to deny a conditional use permit application to Summit Carbon Solutions for a stretch of the pipeline near Woodland Park,” the Norfolk Daily News reports. “Close to 50 county residents, along with officials from Summit and Husker Ag, were on hand for the meeting Tuesday to voice their opinions on the project, which would include just over 8 miles of pipeline through Stanton County… “Of the many county residents who attended the meeting, those who spoke were most commonly concerned about the safety of the pipeline, which will run about a mile from the Woodland Park area. Resident Neil Heimes said he was aware of a similar pipeline project in Satartia, Mississippi, where there was an accident leaving 45 local residents hospitalized. In that incident, the pipeline company failed to implement needed measures to protect the community, Heimes said. “I will accept your offer of a pipeline, if you can prove and guarantee in writing that it is 100% safe,” Heimes said… “Huttman added that while there might be benefits to the pipeline, residents in the county were obviously in opposition to the project and that Summit needed to spend more time conducting public hearings to inform the public about the benefits of the project and to address safety concerns. After passage by the county’s planning commission to approve the conditional use permit just days before, the commissioners unanimously rejected the permit, saying that once more work had been done to inform residents and get approval from other counties, Summit could resubmit its application. As of Tuesday, Summit had not received any of the needed approvals for the project from Nebraska counties.”

Ford County Chronicle: Ford County to become intervener in CO2 pipeline hearings — at a cost of up to $40,000
Will Brumleve, 2/22/24

“The Ford County Board on Wednesday, Feb. 21, approved spending up to $40,000 to have outside legal counsel participate on the county’s behalf as an “intervener” in the Illinois Commerce Commission’s hearing process for One Earth Sequestration LLC’s application to build a 7.34-mile carbon dioxide pipeline in western Ford and eastern McLean counties,” the Ford County Chronicle reports. ‘The board’s approval of three agenda items related to the measure followed little conversation amongst the eight board members present for Wednesday’s 31-minute special meeting, although the packed meeting room in the basement of the sheriff’s office and jail in Paxton included six members of the public who spiritedly voiced their views. Some urged the board to intervene in the ICC hearing process, noting the risk of a pipeline rupture as happened almost exactly three years earlier in Satartia, Miss., while others spoke in support of the project, urging the board to not rely on “cherry-picked” information. After nearly 12 minutes of public comments, the board voted 7-1, with Chase McCall of Gibson City in dissent, to authorize State’s Attorney Andrew Killian to file a petition to intervene in the ICC hearing process or instead hire outside legal counsel to do so on his behalf… “On Wednesday, the Ford County Board was presented with a petition signed by 42 “concerned citizens” from across the area in support of Ford County joining that list by becoming an intervener, too. The woman who presented the petition said she feels the technology is too new and needs further study before she and others would feel safe… “Despite the $40,000 cost, another member of the public, who likewise did not state his full name, encouraged the board to become an intervener, noting it at least gives the county “a seat at the table” to “be involved” in the hearing process and put the county’s concerns “in writing.”

North Dakota Monitor: Carbon education consultant recommended; critic sees effort as government lobbying 
JEFF BEACH, 2/21/24

“A campaign to educate the public about carbon capture advanced through a selection process Wednesday, but one environmental group questions why state government is backing the effort,” the North Dakota Monitor reports. “A group of North Dakota energy councils on Wednesday recommended that Bismarck-based AE2S Communications be awarded a $300,000 contract to help educate people in the state about how carbon dioxide emissions can be captured and stored and potential uses for carbon. The North Dakota Industrial Commission will vote on the recommendation Feb. 27… “Scott Skokos is the executive director of the Dakota Resource Council, which is helping organize landowners who oppose the Summit pipeline, citing issues such as safety and damage to property values and cropland.  Even though the money for the education effort is coming from the energy industry, he told the Monitor government shouldn’t be involved.  “You’re taking tax dollars and doing the job of private industry,” Skokos told the Monitor. He told the Monitor the public generally puts more trust in government sources than from private industry, and this is the energy industry taking advantage of that government trust.  “This, essentially, is the state lobbying for carbon capture,” he told the Monitor. 

Valero Energy Corporation: U.S. Securities & Exchange Commission Form 10-K
2/23/24

“We previously announced our participation in a then-proposed large-scale carbon capture and sequestration pipeline system with Navigator Energy Services (Navigator) in the Mid-Continent region of the U.S. that was expected to capture, transport, and store carbon dioxide that results from the ethanol manufacturing process at our eight ethanol plants located in Iowa, Minnesota, Nebraska, and South Dakota,” Valero Energy Corporation reports. “In October 2023, Navigator announced that it decided to cancel this project. We continue to evaluate investments in economic, low-carbon projects, including carbon capture and sequestration, low-carbon hydrogen, and alcohol-to-jet fuel, that are intended to lower the CI of our products. For example, certain of our ethanol plants are located near geology believed to be suitable for sequestering carbon dioxide, and we are evaluating stand-alone projects to sequester carbon dioxide that results from the ethanol manufacturing process at those plants. We also continue to evaluate various other projects to sequester carbon dioxide… “In October 2023, Navigator announced that it decided to cancel this project. Under the terms of agreements associated with the project, we may have some rights from and obligations to Navigator, including a portion of the aggregate project costs to date, but we do not expect such obligation will be material.” 

BNN: Peoria’s Distillery TIF Proposal Sparks Environmental Justice Debate Amid CO2 Pipeline Concerns
Mazhar Abbas, 2/23/24

“In the heart of South Peoria, a debate is unfolding that underscores the delicate balance between economic development and environmental justice,” BNN reports. “At the center of this discourse is the proposed Distillery Tax-Increment Financing (TIF) district, a plan that, on the surface, promises to fuel the expansion of Black Band, a beacon of growth in the area. However, beneath the veneer of progression lies a contentious proposal by BioUrja, an ethanol plant nestled within the proposed TIF’s boundaries, to construct a carbon dioxide (CO2) pipeline. This has sparked a significant backlash from multiple organizations deeply concerned about the environmental and community health repercussions… “The crux of the advocates’ argument is a plea to the Peoria City Council to explicitly prohibit the allocation of TIF funds to polluting projects such as the CO2 pipeline proposed by BioUrja. By doing so, the council would not only protect the environment but also signal its commitment to addressing the historical injustices that have plagued South Peoria. The representatives underscored the importance of this move, emphasizing that it is essential to prevent exacerbating the pollution burden in an area already designated as an environmental justice area.”

Sierra Club: Tell the Army Corps: Don’t take any shortcuts on the proposed Line 5 pipeline reroute in Wisconsin!
2/22/24

“The 70-year-old Line 5 crude oil pipeline stretches from Superior, Wisconsin, east through Michigan’s Upper Peninsula and the Straits of Mackinac, on to Ontario, and it carries nearly 22 million gallons of oil each and every day. Along the way, the pipeline crosses critical waterways flowing into Lakes Superior, Michigan, and Huron that supply the drinking water for tens of millions of residents in the Great Lakes region,” according to the Sierra Club. “Now Enbridge, the pipeline’s operator, is seeking permission from the Army Corps of Engineers to reroute a portion of the pipeline around the Bad River Band of Lake Superior Chippewa Reservation in Wisconsin. Approving this reroute would extend the lifespan of this already old and dangerous pipeline and extend the ongoing threat it poses to the Great Lakes. Join the Sierra Club, the Women’s Earth and Climate Action Network (WECAN) and many others, in telling the Army Corps of Engineers it cannot take any shortcuts and must do the most thorough environmental review possible of the proposed reroute to protect our waterways, communities, and wildlife along the pipeline. Through this effort, we are calling for Line 5 permits to be rejected and the entire pipeline permanently shut down.”

WHYY: Marsh Creek State Park once again the site of cleanup due to Mariner East pipeline construction
Susan Phillips, 2/23/24

“Workers for Mariner East pipeline builder Energy Transfer are back at the area in and around Marsh Creek State Park to contain a new leak of what appears to be bentonite clay, a material used in horizontal drilling as part of the underground pipe laying process,” WHYY reports. “A resident reported seeing the whitish material in a tributary of Marsh Creek on Feb. 15, two years after the company completed construction of the 350-mile-long cross-state natural gas liquids pipelines, and three-and-a-half years after construction at the same site caused between 21,000 and 28,000 gallons of drilling mud to enter Marsh Creek Lake. Energy Transfer paid more than $4 million dollars in penalties for the August 2020 incident. While the company cleaned it up from the lake and surrounding wetlands, some of the clay likely seeped below the surface into the soil or underground aquifer. Pipeline construction in that area of Chester County wreaked havoc throughout the project, causing sinkholes and polluting wetlands through “inadvertent returns” of drilling mud as the company bored through karst, or limestone, a porous and unstable rock… “Nearby resident Chris “P.K.” DiGiulio, who has documented the construction through photos and drone footage, followed the tributary up to the wetland near private property and said she saw a “whitish, somewhat slimy clay-like substance.” “…DiGiulio told WHYY she’s worried about the impact on her own well water, the overall health of the ecosystem and safety… “If a pipeline becomes unstable it could crack, leading to a leak and a potential explosion.”

E&E News: GAO slams failed oil and gas decommissioning
Heather Richards. 2/20/24

“Oil and gas operators regularly delay decommissioning offshore platforms and wells, leaving idle enormous amounts of industry infrastructure in violation of federal rules, according to a pair of reports released Tuesday by Congress’ top watchdog,” E&E News reports. “The Government Accountability Office found that 2,700 wells and 500 platforms are past due for dismantling and decommissioning in the Gulf of Mexico, alone. It also found that the Bureau of Safety and Environmental Enforcement — a branch of the Interior Department that regulates offshore energy development — is failing to enforce decommissioning deadlines… “GAO recommended stronger enforcement — and potential congressional action. In a separate report examining onshore oil and gas gathering pipelines, GAO also reported Tuesday that decommissioning the pipes that carry gas, oil and other hazardous materials from well heads to production facilities on public lands is also in need of changes. Those onshore lines face “insufficient bonding, data limitations, and ambiguous requirements,” the report said. 

WDRB: Indiana gas company pays $125k fine over pipeline violations in carbon monoxide scare
Marcus Green, 2/22/24

“An Indiana gas provider agreed to pay a $125,000 penalty to settle pipeline safety violations that led to a carbon monoxide scare in Clark and Floyd counties in late 2022,” WDRB reports. “The Indiana Utility Regulatory Commission issued its final order in the case in December. Besides paying the fine, CenterPoint Energy Indiana North pledged to make changes to its operations and conduct training with local first responders. State regulators claimed CenterPoint failed to follow federal regulations when it improperly heated propane at its Jeffersonville facility, resulting in too much propane in the gas distribution system. The investigation found that the company didn’t have controls in place to prevent a mixture that “could cause improper combustion in consumer appliances.” More than 100 calls about possible carbon monoxide exposure occurred shortly before Christmas 2022 in New Albany, Clarksville and Jefffersonville, WDRB News has previously reported. At least four people were taken to the hospital.  Regulators also cited CenterPoint for failing to properly train and have a liaison with those cities’ fire departments and the Clark and Floyd counties’ emergency agencies; keep proper safety records; and make on-time reports to state officials… “And CenterPoint committed to providing training to the Clarksville, Jeffersonville and New Albany fire departments and work on a way to “better track individual contact” with those organizations and other emergency agencies.”

Parkersburg News and Sentinel: Washington County engineer raises concerns about gas pipeline
MICHELLE DILLON, 2/23/24

“Washington County Commissioners discussed a landslip in Marietta they are concerned about during the commission meeting Thursday,” the Parkersburg News and Sentinel reports. “…The letter said there is a natural gas pipeline that crosses under Duck Creek, then crosses a parcel of land owned by Duck Creek Farm Ltd. located at 850 Hunter Ave., then turns and crosses under Hunter Avenue to an East Ohio Gas Company facility located at 825 Hunter Ave. The letter said the Duck Creek Farm property the pipeline crosses is “exhibiting signs of landslip activity and has exhibited signs of landslip activity for many years.” According to their website, East Ohio Gas Company is owned by Dominion Energy. Dominion sold East Ohio Gas to Enbridge in September 2023. The sale is expected to close in 2024, according to Enbridge’s website… “Strahler has voiced his concern about public safety in relation to the landslip to local and state elected officials, Public Utility Commission of Ohio (PUCO) officials and East Ohio Gas Company representatives, the letter said. Commissioners said in the letter that their “concerns are that this area has exhibited signs of landslip activity since 2013 or so, and to date, no remediation efforts have taken place … At this time our understanding is that remediation efforts will not be forthcoming.”

Environmental Defense Fund: EDF’s new report looks at Non-Pipeline Alternatives to meet energy needs
Magdalen Sullivan and Erin Murphy, 2/22/24

“Many states are adopting declining emission limits as a way to address the severe and growing dangers of the climate crisis, and that means state utility regulators are grappling with how to decarbonize energy systems, manage costs, and meet demand,” according to the Environmental Defense Fund. “Traditional approaches to meeting energy demand with natural gas have included pipeline construction, pipeline replacement, or large gas system upgrades – but these may no longer be appropriate investments in light of new policies and changing customer preferences. Instead, increasingly popular options are Non-Pipeline Alternatives – or NPAs. They are projects designed to meet energy demand without expensive infrastructure projects that run counter to state climate goals. EDF has a new report, Non-Pipeline Alternatives: Meeting Energy Demand Responsibly, that has guidance and analysis to help states develop regulatory frameworks for NPA evaluation and implementation, and to help utilities successfully implement NPA programs… “Effective utility planning that incorporates NPAs can reduce dangerous climate pollution by reducing reliance on natural gas, and by avoiding long-lived pipeline projects that may extend fossil fuel reliance. Right now, gas utilities are continuing to expand their infrastructure. For instance, in Maryland, the state’s three biggest gas utilities are projected to spend a combined $6.3 billion on natural gas infrastructure development and replacement projects by 2043. However, as residential customers access new electrification benefits through the Inflation Reduction Act and other programs, declining natural gas demand may shorten the useful life of pipelines and other assets. Ratepayers will then be stuck paying the cost of these investments (plus profit to the utility) over many decades, creating a risk of stranded assets… “At a time of rapid change in energy markets and policies, regulators and utilities should use every opportunity available to manage costs for ratepayers, avoid inappropriate investments, and reduce greenhouse gas emissions. NPA’s are the path to meeting those goals.”

World Pipelines: PHMSA opens US$18 million funding opportunities for pipeline and safety activities
Elizabeth Corner, 2/23/24

“The US Department of Transportation’s Pipeline and Hazardous Materials Safety Administration (PHMSA) has published multiple Notices of Funding Opportunities (NOFOs) to award US$18 million in grants through its pipeline and hazardous materials safety programmes,” World Pipelines reports. “These funding opportunities are open to states, local communities, tribal entities, universities, and non-profit organisations to support pipeline and hazardous materials safety programs across the USA. Funding will be used to improve community and environmental safety through projects that train first responders, educate the public on local safety initiatives, encourage the development of new pipeline technologies, and more. “Local authorities and emergency responders are often the first on the scene after a pipeline or hazmat transportation incident, and the Biden-Harris administration is proud to support them with additional training and resources,” said US Transportation Secretary Pete Buttigieg. “The US$18 million we’re investing in training, education, and technology will help keep our country’s first responders, and the communities they support, safe.”

WASHINGTON UPDATES

Guardian: Removing UK climate protesters’ defence ‘could erode right to trial by jury’
Sandra Laville, 2/21/24

“A UK government attempt to remove one of the last remaining defences for climate protesters would be a slippery slope to the erosion of the constitutional right to trial by jury, the court of appeal was told on Wednesday,” the Guardian reports. “The attorney general, Victoria Prentis KC, is arguing that one of the last available defences being used by environmental protesters should be removed. Prentis is making the appeal in the case of a defendant known as C, after a string of acquittals by juries of defendants for acts of criminal damage involving daubing paint on buildings. Tom Little KC for the attorney general, told the appeal court judges that use of the so-called “consent” defence under the Criminal Damage Act 1971 was wrong and too broad an interpretation of the law. The defence, which relates to criminal damage only, involves a defendant arguing they had an honest belief that the owner of the property damaged would have consented if they had known the reasons why the action had been taken. Little said climate protesters had resorted to using the defence because another key defence under the Human Rights Act had been removed in a previous intervention by Suella Braverman as the attorney general. “The defence has only recently begun to be run … since the last attorney general closed down one door. Another door has been wrongly broken down in order [for defendants] to make this argument,” he said. But Henry Blaxland KC, for C, said it was a matter for a jury to decide whether a defendant honestly believed that the owner of a property would have consented to the damage caused. “This is a matter for the jury,” said Blaxland. He said to stop a defendant presenting the defence to jurors “would be a slippery slope to the erosion of the constitutional right to trial by jury”. In an exclusive interview with the Guardian, the woman at the centre of the attorney general’s appeal said the attempt to remove the defence was an assault on the rights of juries to acquit defendants.”

Axios: How carbon removal might scale up, and what could go wrong
Ben Geman, 2/19/24

“Carbon removal is hardly a sure thing, and a useful new Substack post explores what might cause a failure to launch,” Axios reports. “Driving the news: Nan Ransohoff of Frontier — a group of huge corporations building market demand — published highlights of their “red team” exercise to identify and overcome problems… “The big picture: Getting on track for science-based 2050 targets means (back of the envelope) around 50-100 million tons of removal by 2030. At an average cost of $200/ton (or lower), that’s $20 billion annually, vastly more than today’s trajectory. State of play: Among other challenges, “there still probably aren’t enough ideas being tried, and there isn’t enough redundancy [with] the best ones,” Ransohoff writes. Other risks include local backlash to projects and a market that “ends up fraudy/scammy and undifferentiated from low-quality offsets today,” she adds.

STATE UPDATES

Carbon Herald: Two Ethanol Firms Seek Permission For Carbon Sequestration Projects In Kansas
Theodora Stankova, 2/22/24

“Two U.S. ethanol companies—PureField Ingredients and Pratt Energy—are seeking to pioneer carbon sequestration projects in Kansas, a move that requires approval from the Environmental Protection Agency (EPA), KCUR Public Radio reported Tuesday,” according to the Carbon Herald. “The proposed carbon sequestration projects are tethered to ethanol plants in central Kansas and necessitate approval from the U.S. Environmental Protection Agency (EPA)… “Kansas has abundant geology that would be compatible with long-term permanent CO2 storage,” Brendan Bream, a senior scientist at the Kansas Geological Survey, was quoted as saying by KCUR Public Radio… “PureField Ingredients, based in Russell, Kansas, has submitted an application to drill a well six miles from its facility, intending to capture 150,000 metric tons of carbon annually. Meanwhile, Pratt Energy, located in Pratt, Kansas, has also applied to construct a carbon sequestration well, although specifics of the project are undisclosed.”

Ohio Capital Journal: Hail Mary: Ohio Environmentalists Make Eleventh Hour Plea For Courts To Halt Drilling On State Land 
NICK EVANS, 2/22/24

“Ohio environmentalists are urging a judge to halt a state commission preparing to award leases to oil and gas companies who want to frack beneath state parks and other public land,” the Ohio Capital Journal reports. “The Ohio Oil and Gas Land Management Commission is set to meet Monday to consider bids for several parcels of land. Once the commission settles on the ‘highest and best’ bidder, state law requires the Ohio Department of Natural Resources to lease them the parcel. The Ohio Environmental Counsel and Save Ohio Parks are challenging the commission’s regulations, and they argue allowing the panel to award leases despite that court case would cause irreparable harm. In a statement OEC general counsel Chris Tavenor argued the suspension they’re seeking would preserve the status quo and “pause the bureaucratic steamroller.” “Any decision to sacrifice Ohio’s state parks for fossil fuel extraction — especially on the 75th anniversary of their creation — is a decision that increases Ohio’s greenhouse gas emissions when Ohio’s leaders should be doing everything in their power to reduce pollution and combat climate change,” he added.” 

NM Political Report: Hearing examiner recommends that PRC reject controversial LNG storage facility
Hannah Grover, 2/20/24

“New Mexico Public Regulation Commission Hearing Examiner Anthony Medeiros recommended that the commissioners deny New Mexico Gas Company’s request to build, own and operate a controversial liquified natural gas storage facility in Rio Rancho,” according to NM Political Report. “Medeiros released his decision, which is more than 150 pages long, on Wednesday. In his recommended decision, Medeiros writes that the facility would not result in a net public benefit and, thus, should not be approved. He further states that New Mexico Gas Company’s justifications for why such a facility is needed “are not clearly demonstrated.” “…Medeiros breaks with the PRC staff in his recommendation. The staff took the position that the PRC should approve the application… “Medeiros wrote that the public opposition to the LNG storage facility “cannot and should not be ignored.” Opponents say the facility could put nearby residents and schools at risk while also increasing the costs that customers pay in rates. Additionally, they say that the transition away from fossil fuels will lead to the facility being obsolete before New Mexico Gas Company has finished paying for it and before it reaches the end of its useful life… “Medeiros further notes that the potential earnings benefits of a LNG storage facility to New Mexico Gas Company’s parent company, Emera, Inc., are clearly documented, it is not as clear what the benefits will be for customers… “Medeiros did not address in depth the health and safety concerns regarding locating a LNG facility relatively close to schools and neighborhoods. He explained that, as he had already recommended rejecting the proposed facility, “such findings would be superfluous in any event.”

Carlsbad Current-Argus: New Mexico called on to ban ‘forever chemicals’ in oil and gas, as feds push restrictions
Adrian Hedden, 2/21/24

“Environmental groups in New Mexico renewed a call to investigate oil and gas drilling fluids for the presence of substances known as “forever chemicals” that could endanger water supplies and public safety,” the Carlsbad Current-Argus reports. “This came as the U.S. Environmental Protection Agency announced a proposal earlier this year to designate the chemicals as hazardous materials and increase state oversight of contamination, in response to a petition from the State of New Mexico. Per- and polyfluoroalkyl substances (PFAS) are industrial chemicals known to not break down in the environment, and pose a risk of cancers and other health problems from long-term exposure… “The two proposals would first federally clarify “hazardous waste” as contamination from permitted hazardous waste facilities, and then add PFAS to the list of such hazardous compounds… “Melissa Troutman, climate and energy advocate at Santa Fe-based WildEarth Guardians told the Argus this could put local communities in the region, like Carlsbad or Hobbs, in danger of PFAS contamination. “Unfortunately, PFAS pollution from the oil and gas industry in New Mexico remains unchecked, posing continued risk to New Mexicans and our outdoors,” Troutman told the Argus. “We call on Gov. (Michelle) Lujan Grisham to protect New Mexico from PFAS in oil and gas.”

Associated Press: The Coast Guard takes the lead on spill in western Alaska that is larger than first thought
2/22/24

“The U.S. Coast Guard has taken over the response to a diesel fuel spill from a storage tank in a western Alaska village that has crept toward a river,” the Associated Press reports. “The spill at a fuel tank farm in Kwigillingok was discovered Feb. 8 and occurred about 500 feet (167 yards) from the Kwigillingok River, the state Department of Environmental Conservation said. The river feeds into Kuskokwim Bay, the Anchorage Daily News reported. Original estimates put the volume of the spill around 6,467 gallons (24,480 liters) but that amount was recalculated to 8,827 gallons (33,413 liters) based on facility oil records, the agency said this week… “The spill area includes frozen tundra and a pond that’s not flowing into the river, according to the agency. Crews with a local village corporation used hand tools and small portable pumps to respond to the spill because there was no heavy equipment in the community, the agency said.”

EXTRACTION

Pro Publica: The Rising Cost of the Oil Industry’s Slow Death
Mark Olalde, ProPublica, and Nick Bowlin, Capital & Main, 2/22/24

“In the 165 years since the first American oil well struck black gold, the industry has punched millions of holes in the earth, seeking profits gushing from the ground. Now, those wells are running dry, and a generational bill is coming due,” Pro Publica reports. “Until wells are properly plugged, many leak oil and brine onto farmland and into waterways and emit toxic and explosive gasses, rendering redevelopment impossible. A noxious lake inundates West Texas ranchland, oil bubbles into a downtown Los Angeles apartment building and gas seeps into the yards of suburban Ohio homes… “There are more than 2 million unplugged oil and gas wells that will need to be cleaned up, and the current production boom and windfall profits for industry giants have obscured the bill’s imminent arrival. More than 90% of the country’s unplugged wells either produce little oil and gas or are already dormant… “But an analysis by ProPublica and Capital & Main has found that the money set aside for this cleanup work in the 15 states accounting for nearly all the nation’s oil and gas production covers less than 2% of the projected cost. That shortfall puts taxpayers at risk of picking up the rest of the massive tab to avoid the environmental, economic and public health consequences of aging oil fields. The estimated cost to plug and remediate those wells if cleanup is left to the government is $151.3 billion, according to the states’ own data. But the actual price tag will almost certainly be higher — perhaps tens of billions of dollars more — because some states don’t fully account for the cost of cleaning up pollution. In addition, regulators have yet to locate many wells whose owners have already walked away without plugging them, known as orphan wells, which states predict will number at least in the hundreds of thousands.”

Common Dreams: Campaigners Applaud UK Exit From ‘Climate-Wrecking’ Energy Charter Treaty
JULIA CONLEY, 2/22/24

“The United Kingdom’s decision to exit a 30-year-old fossil fuel-friendly treaty will “untie a straitjacket” on the country’s ability to ensure a just transition toward renewable energy, said one campaign group on Thursday,” Common Dreams reports. “Officials announced that after two years of negotiations regarding a modernization of the 1994 Energy Charter Treaty (ECT)—which allows fossil fuel companies to sue governments over profits lost due to climate policies that reduce the use of coal, oil, and gas—the U.K. will leave the treaty due to a stalemate. The U.K., which plans to achieve net-zero fossil fuel emissions by 2050, helped broker a deal in 2022 that would have included protections for a transition to renewable energy sources while maintaining the ECT’s investor-state dispute settlement (ISDS) mechanism, which permits the fossil fuel lawsuits. “The Energy Charter Treaty is outdated and in urgent need of reform, but talks have stalled and sensible renewal looks increasingly unlikely,” said Graham Stuart, the energy security and net zero minister for the U.K. “Remaining a member would not support our transition to cleaner, cheaper energy, and could even penalize us for our world-leading efforts to deliver net zero.”

Reuters: BP plans return of Whiting, Indiana refinery in March, sources say
2/21/24

“BP Plc plans to return its 435,000 barrel-per-day Whiting, Indiana refinery, the largest in the U.S. Midwest, to full production in March, said people familiar with plant operations on Wednesday,” Reuters reports. “BP plans to begin restarting the refinery in the last week of February and bring refinery production to full in March, the sources told Reuters… “The Whiting refinery was shut on Feb. 1 by a plant-wide power outage initially attributed to the failure of two transformers at the refinery, the sources told Reuters. BP has been assessing refinery units and internal piping for possible damage from the sudden shutdown as well as determining the exact cause of the power loss, the sources told Reuters. The full shutdown of the refinery triggered the plant’s safety flare system sending plumes of black smoke over Whiting, located 20 miles (32 km) southeast of Chicago.”

CLIMATE FINANCE

Axios: Climate advocacy group launches campaign to fight ESG backlash
Ben Geman, 2/23/24

“A young advocacy group that defends climate-focused investing is launching the next phase of its campaign Thursday,” Axios reports. “Unlocking America’s Future (UAF) just began its first paid media campaign since announcing a wider eight-figure advocacy push in late 2023. They hope to parry right-leaning critiques against Wall Street’s environmental, social and governance (ESG) practices. The digital buy will start in Arizona, with plans to expand. And there’s a new website attacking conservative groups they accuse of “promoting the interests of greedy billionaires.” “…Meanwhile: UAF released polling showing bipartisan voter support for ESG goals (alongside low familiarity with the term). “The American public overwhelmingly opposes bans on responsible investing,” spokesperson Kyle Herrig tells Axios… “UAF leaders include seasoned Democratic hands Zac Petkanas and Josh Schwerin, with people drawn from other backgrounds too.”

TODAY IN GREENWASHING

Enbridge: Stepping up to the plate to end hunger in Wyoming
2/22/24

“About 86,000 Wyoming residents have trouble keeping the fridge and the pantry stocked at home,” according to Enbridge. “That number is both surprising and troubling to Jennie Gordon, First Lady of Wyoming, who leads the Wyoming Hunger Initiative to address food insecurity by increasing awareness and support for the work of local anti-hunger organizations statewide… “Enbridge recently gave a $10,000 Fueling Futures grant to the Wyoming Hunger Initiative as part of our commitment to building vibrant and sustainable communities.”

Enbridge: Turning the Valve on Indigenous Economic Success
2/22/24

“In 2018, seven motivated employees in a 7,500-square-foot warehouse began valve modification work for the oil and gas industry. Fast forward to 2023, and Alexander Valve and Supply is Canada’s first Indigenous community-owned valve and supply company—with $45 million in inventory, a strong track record of Indigenous employment, and hard-won expertise in the oil-and-gas, mining, refining, pulp-and-paper, and petrochemical markets,” according to Enbridge… “In recent weeks, Enbridge officials made a joint announcement with leadership from Alexander First Nation, which holds a significant ownership stake in Alexander Valve and Supply, during the Nation’s Treaty Week gathering and celebrations near Morinville, AB. At the Aug. 21 event, Enbridge announced a donation of 120 surplus valves to Alexander Valve and Supply. The donated valves will be used to train new or future employees, including members of the Alexander First Nation, in valve servicing and refurbishment… “A $10,000 Fueling Futures grant from Enbridge helped to support Alexander First Nation during its Treaty Week celebrations.”

OPINION

Casper Star-Tribune: Smith: The endless loop of coal carbon capture
Ronn Smith is a process engineer and lives in Powell, 2/23/24

“Like a bad penny, the law mandating carbon capture and storage (CCS) at Wyoming coal-fired power plants keeps turning up for revision,” Ronn Smith writes for the Casper Star-Tribune. “This year HB200 reappears as SF42. Why the repeated efforts to fix it? The statute has proven unworkable and costly. The Public Service Commission (PSC) granted both Rocky Mountain Power and Black Hills Energy rate increases to cover the burden of compliance. As the Wyoming Office of Consumer Advocate warned, electricity consumers are “being asked to pay for unproven research and development.” Four years, millions of dollars, and untold hours of deliberation have brought us no closer to the intent of HB200. Natural gas power plants are far superior to coal-based CCS in meeting its stated goals… “Credit the PSC for expressing hope that utilities can find financial support for carbon capture analysis from sources other than their ratepayers. But hope cannot substitute for regulatory policy.”

The Hill: Biden’s absurd LNG freeze scores one for the opposing team 
Stephen Blank, Ph.D., is a Foreign Policy Research Institute senior fellow and independent consultant focused on the geopolitics and geostrategy of the former Soviet Union, Russia and Eurasia, 2/21/24

“By freezing permits on new liquefied natural gas projects (LNG), the Biden administration appears to have hit a shot into its own goal on energy at a particularly inauspicious time,” Stephen Blank writes for The Hill. “This decision is unlikely to spur a global movement towards a greener economy. Indeed, despite pledges to move towards a greener global economy, global demand for and consumption of coal, the most polluting energy source, reached a record level in 2023… “The actual beneficiaries of this decision reside in Moscow or the Middle East, and their interests are inimical to ours and our allies, especially in Europe. Although European demand for gas is diminishing, wide areas of Europe such as the Balkans cannot modernize without secure gas supplies… “Suppose that gas does not come from the United States, which, in the wake of Russian aggression against Ukraine, had vastly increased exports to Europe. In that case, the Balkans, Germany and other significant importers may purchase from Russia again, since the pipeline and business infrastructure has long been in place for precisely this kind of arrangement… “So, thanks to this misconceived decision, we are forcing our allies and partners to relinquish our market share and instead turn to Moscow, subsidizing Vladimir Putin’s war and regime… “At the same time, studies say that demand for gas and LNG will remain until at least 2050 and LNG is a good way to transition from oil and coal-based power systems to green ones. Does cutting off investment in gas projects that benefit our vital security interests make sense? Moreover, LNG is much less carbon-intensive than coal, and recent emissions reductions are attributable to it. Knowing this, why would we deliberately handicap ourselves in our fight against climate change?”

City Limits: NYC Comptroller Should Fight Climate Change, Not Finance It
Margaret Perkins is a member of 350NYC.org’s Steering Committee; Pete Sikora is the climate campaigns director for New York Communities for Change, 2/22/24

“Burning oil, coal and gas is the major cause of climate change. Companies like Exxon make huge profits by cooking our climate. But the Exxons, Chevrons and BPs couldn’t do their dirty work without trillions of dollars of finance from Wall Street firms… “Meanwhile, New York City government has instituted major policies to fight climate change,” Margaret Perkins and Pete Sikora write for City Limits. “Under former Comptroller Scott Stringer and Mayor Bill de Blasio, the city’s pension funds set into place divestment from oil, gas and coal companies. The city funds, worth about $250 billion, have dumped about $4 billion in fossil fuel holdings… “Yet the city currently funnels about $50 billion worth of its business through BlackRock, the world’s dirtiest big finance entity. Why are the New York City pension funds, managed by Comptroller Brad Lander—a progressive politician —one of BlackRock’s biggest clients? Lander, who manages the funds, could shift business away from dirtier managers like BlackRock, and into cleaner managers… “So far, Comptroller Lander has issued stern press statements and scolded BlackRock with strongly-worded letters and private statements. But since Lander keeps pushing ever-more money to it, BlackRock knows his fine words are empty gestures… “Comptroller Lander should begin to shift the city’s massive business away from BlackRock—and other dirty money managers—and into cleaner companies… “Blue cities and states have much more pension fund money than red states. As the saying goes, money talks. It’s time for Comptroller Lander to put money that he manages where his mouth is. New Yorkers need him to fight for our interests at least as hard as red state politicians fight for the oil and gas corporations.”