EXTRACTED: Daily News Clips 5/4/23

PIPELINE NEWS

• Pipeline Fighters Hub: Iowa Court Sides With Landowner, Finds Law Allowing Pipeline Survey Unconstitutional

• Des Moines Register: Iowa law allowing surveyors on property for carbon capture pipeline ruled unconstitutional

• Iowa Capital Dispatch: Judge: Iowa’s pipeline land survey law is unconstitutional

• AgWeek: Without eminent domain, Summit pipeline route in Minnesota looks different

• Tri States Public Radio: Galesburg mayor, McDonough County farmer push for carbon pipeline regulations

• Siouxland News: Along the Route: Impact of pipeline installation on regional farmland

• Windom News: Board hears update on proposed pipeline

• Lakefield Standard: Most local carbon pipeline miles under agreement

• Press release: Enbridge announces tolling agreement in principle on Mainline liquids system

• CBS News: Line 3 oil pipeline: A look at what’s happened since the pipeline started operating in northern Minnesota

WASHINGTON UPDATES

• E&E News: House climate hawks plot permitting overhaul

• The Hill: Four ways Biden is boosting fossil fuels — and drawing heat for it

• Washington Post: EPA drafts first-ever water quality standard for tribes 

• E&E News: Carbon removal features filters, fans — and ivory towers

• E&E News: Occidental starts work on massive CO2 removal project

• E&E News: Hydrogen and the EPA power plant rule: 3 issues to watch

• Common Dreams: Alaska Oil and Gas Projects Harming One of World’s Most Vital Bird Nesting Areas

• LNG Prime: Energy Transfer to appeal DOE decision on Lake Charles LNG

• E&E News: Navajo Nation Opposes Chaco Oil Drilling Ban, Drops Compromise 

STATE UPDATES

• WDSU: Natural gas facility being built in Plaquemines Parish has residents concerned

• JD Supra: Regulating Underground Injection Wells for Carbon Sequestration in Pennsylvania

EXTRACTION

• Associated Press: Fossils or not? Nations split on how to meet climate goals

• OilPrice.com: Carbon Capture Is Beginning To Take Off

• Bloomberg: EU Vows to Stick to Green Goals Despite Geopolitical Challenges

• Reuters: Mexico Pacific to pump $14 billion into pipeline, plant

CLIMATE FINANCE

• Guardian: Climate protesters rework Spice Girls song to disrupt Barclays AGM

• Reuters: Enbridge shareholders reject resolution to fully report indirect emissions

OPINION

• Spokesman-Review: Pipeline threatens our safety

• Beaumont Enterprise: Column: Texas Can be the Carbon Capture Capital of the World

• Food & Water Watch: Relying on Carbon Capture is a Dangerous Fantasy
  

PIPELINE NEWS

Pipeline Fighters Hub: Iowa Court Sides With Landowner, Finds Law Allowing Pipeline Survey Unconstitutional
5/3/23

“An Iowa District Court on Wednesday determined an Iowa state law that allowed pipeline companies to enter private land for survey without guardrails or compensation is unconstitutional. The Clay County judge recognized that landowners have a right to exclude unwanted intrusions onto their properties and that just compensation must be paid when takings occur. The ruling held that this right to exclude cannot be taken by the government or its delegees, such as hazardous pipelines, without due process and just compensation, which the Iowa statute does not require. Brian Jorde, the attorney with Domina Law Group and Easement Action Teams LLC for the landowner who brought the lawsuit, who is a member of the Iowa Easement Team, said: “This is and will always be about defending property rights and holding hazardous pipelines to constitutional standards. My client and I applaud Judge Sandy’s thoughtful analysis and courage in this decision. The right to prevent unwanted entry onto your private land is a fundamental right that the government may not take without due process and just compensation. Today’s decision confirms this right and is a victory for landowners everywhere.”

Des Moines Register: Iowa law allowing surveyors on property for carbon capture pipeline ruled unconstitutional
Donnelle Eller, 5/3/23

“An Iowa judge says a state law allowing pipeline companies to survey property owners’ land without permission is unconstitutional, delivering a victory to landowners who’ve been battling against three proposed carbon capture pipeline projects,” the Des Moines Register reports. “John Sandy, a Clay County district judge, ruled Wednesday that a company’s surveyor entering property without consent to determine if a hazardous liquid pipeline can be built across it is a “government taking without providing just compensation,” violating the Iowa and U.S. constitutions. The ruling came after Navigator CO2 Ventures sued Martin Koenig last year, saying he had repeatedly blocked the Omaha, Nebraska, company from surveying his land near Sioux Rapids in northwest Iowa… “Koenig countersued, claiming the state law was unconstitutional. Navigator said in an email Wednesday it would appeal the ruling to the Iowa Supreme Court… “Landowners have filed about two dozen similar lawsuit elsewhere in Iowa and in South Dakota. Brian Jorde, Koenig’s attorney, told the Register he hopes the judges in those cases will consider the ruling in favor of his client when making their decisions. Key to the Sandy’s ruling was determining whether a landowner should be compensated for losing the right to exclude someone from their property. Sandy wrote that the U.S. Supreme Court has consistently emphasized that the “right to exclude is ‘one of the most treasured’ rights of property ownership” and “universally held to be a fundamental element of the property right.’”

Iowa Capital Dispatch: Judge: Iowa’s pipeline land survey law is unconstitutional
JARED STRONG, 5/3/23

“State law that allows hazardous liquid pipeline companies access to private land for surveys is unconstitutional because it doesn’t provide compensation for intangible damages suffered by landowners, a district court judge has ruled,” the Iowa Capital Dispatch reports. “The damages resulting from a landowner’s loss of his right to exclusive use of his property are subjective in the same way that pain and suffering damages are as it relates to a victim of a tortious injury,” wrote Judge John Sandy, in his Wednesday ruling. Because Iowa law does not compensate landowners for the duress they incur when they are forced to allow land surveyors on their properties without consent, it violates their constitutionally protected right to exclude people from their properties, Sandy said. The ruling is the result of a lawsuit Navigator CO2 Ventures filed against landowner Martin Koenig in Clay County that sought a court-ordered injunction to conduct survey work on his land… “The lawsuit is one of four that have been filed by Navigator against landowners who have prevented the company from conducting the surveys. Another carbon dioxide pipeline company, Summit Carbon Solutions, has filed similar suits against several landowners. Those landowners — represented by the same attorneys as Koenig — have all argued that the survey law is unconstitutional. Wednesday’s court ruling was the first to decide those arguments. “Our client is thrilled,” attorney Brian Jorde told the Dispatch… “Navigator said it will appeal the Wednesday decision… “Jorde has argued the law is deficient in properly compensating landowners because the companies decide the amount of compensation that is necessary for property damage.”

AgWeek: Without eminent domain, Summit pipeline route in Minnesota looks different
Jeff Beach, 5/3/23

“Unlike other states along the Summit Carbon Solutions pipeline route, Minnesota does not allow the use of eminent domain to help secure right-of-way for the carbon capture project,” AgWeek reports. “One effect of that is a more jagged route, making 90 degree turns and following section lines rather than angling across fields… “Without eminent domain, where a court can force a landowner to provide a property easement for a project with a public benefit, landowners can tell Summit, “no,” and force the company to look for another route. That’s what Sharon Leinen did when Summit contacted her family about her farm property about 3 miles south of Breckenridge. “They told me about the pipeline going in and they wanted to do some surveying on the land,” Leinen told AgWeek. “And I wasn’t for it right from the beginning.” She declined their easement offer, where Summit offers to compensate landowners for the right to cross a piece of land. “So I guess they know that I’m not going to sign an easement, so they’re going to a neighboring piece of land,” Leinen told AgWeek… “That doesn’t mean Leinen’s worries are over, however. She is still concerned about a possible rupture of the hazardous liquid pipeline that’s less than a mile away… “In a public meeting in Fergus Falls on May 3 in the afternoon, Peg Furshong, who lives near a different section of the pipeline route in Renville County, advocated for a study of what a rupture of a pipeline crossing beneath a waterway would look like. “Modeling for dispersion in moving waterways is really important because when CO2 mixes with water, it creates carbonic acid and it’s highly corrosive and it kills everything in its path,” she said. “And so I think it’s really important that we make sure that we have a studies commission for that, because Minnesota’s natural heritage is our water.” “…A final PUC decision on the Otter Tail to Wilkin CO2 pipeline permit may occur in March or April 2024, but that also is tentative.”

Tri States Public Radio: Galesburg mayor, McDonough County farmer push for carbon pipeline regulations
Jane Carlson, 5/3/23

“Around 50 environmental advocates and landowners gathered Tuesday afternoon at the statue of Abraham Lincoln outside the Illinois State Capitol Building in Springfield,” Tri States Public Radio reports. “Some held signs saying “No False Solutions” and “Protect People, Not Polluters.” They were there to call for the swift passage of House Bill 3119, the Carbon Dioxide Transport and Storage Protections Act — and to speak about the dangers of carbon pipelines like the one Navigator CO2 wants to build in 13 counties in western and central Illinois. Among them was Galesburg Mayor Peter Schwartzman, who is also a scientist as a professor of environmental studies at Knox College. He told TSPR climate change must be addressed, but creating a “Wild West” of carbon capture and sequestration is not the answer. “Subsidies handed out for this misguided solution are expected to be incredibly high,” Schwartzman told TSPR… “With HB 3119, there would be more regulations in place, such as mandatory training of first responders and no storage sites near drinking water supplies. The legislation also prohibits the use of eminent domain for construction and sequestration sites, which is important to McDonough County farmer Steve Hess. Hess was there Tuesday as well. He’s a fifth-generation farmer on a sesquicentennial farm near Bushnell. He told TSPR in addition to the dangers of carbon dioxide for people and livestock, the pipeline would cross his farm, disconnect parcels, erode and compact the soil, and sever his drainage system. So he believes the bill is essential for protecting his farm and family and his neighbors.”

Siouxland News: Along the Route: Impact of pipeline installation on regional farmland
Katie Copple, 5/3/23

“The Midwest is known for its land. The rolling hills have been tended by generations of farmers to grow our nation’s crops. But what could the installation of two liquid carbon capture pipelines do to this same land? Experts say, a lot,” Siouxland News reports. “So one, it is a disturbance to that land so it disturbs what you’re currently doing, whether it’s a crop or pasture land, a CRP Conservation Reserve Program piece of land, or range land, whatever forest, whatever it may be,” Aaron Daigh told Siouxland, “it is a disturbance to that land. And so it’s going to affect what was growing there and how it grows afterward.” That disturbance is a focal point for a group of landowners who have yet to sign easements with Summit Carbon Solutions and Navigator CO2 Ventures. “It will never be the same as because I know we built the land that we own now by many, many, many loads of manure from the stockyards. Over 10 years to get it to what it is,” Jim Colyer, a landowner in Northwest Iowa, told Siouxland. “And when they stir that up, you cannot tell me that that ground is going to come back in what do they estimate, three years? It will never be the way it was.” Aaron Daigh is a soil and water science expert with the University of Nebraska Lincoln. He’s studied the impact a disturbance, like a pipeline installation, can have on the land. “So there’s a period of time that that piece of land is going to be out of production, that’s not going to be growing a crop in it or a forage crop.”

Windom News: Board hears update on proposed pipeline
5/3/23

“At Tuesday’s meeting, Cottonwood County Commissioners heard an update on a proposed pipeline for liquid carbon dioxide that could cross the county,” Windom News reports. “Joe Caruso of Summit Carbon Solutions told Windom the pipeline is designed to help the ethanol industry extend its market share by helping produce a lower-carbon fuel… “Caruso added that the company does not have eminent domain rights in Minnesota, but the company has obtained about 60% of necessary easements in the state and 70% overall… “Commissioners have not expressed support for the project yet due to the fact an environmental study has not yet been completed.”

Lakefield Standard: Most local carbon pipeline miles under agreement
Justin Lessman, 5/3/23

“A company looking to lay nearly 45 miles of carbon pipeline across the heart of Jackson County has easement agreements in place for close to 40 of those miles,” the Lakefield Standard reports. 

Press release: Enbridge announces tolling agreement in principle on Mainline liquids system
5/4/23

“Today, Enbridge Inc. announced that it has reached an agreement in principle on a negotiated settlement (the settlement) with shippers for incentive tolls on its Mainline liquids system, which moves over 3 million barrels a day of crude oil and liquids from Western Canada to demand markets in multiple provinces and states. The settlement covers both the Canadian and U.S. portions of the Mainline and will provide customers with a stable, competitive toll relative to competing alternatives. In addition, the settlement will preserve high utilization of the Mainline, and incentivize Enbridge to maximize capacity, benefiting industry egress and customer netbacks. The settlement term is 7.5 years through 2028… “As part of the settlement, Enbridge will be filing new interim tolls for local Canadian crude movements and cross-border international joint toll deliveries to take effect on July 1, 2023… “An International Joint Toll (IJT), for heavy crude oil movements from Hardisty to Chicago, comprised of a C$1.65 per barrel toll plus a US$2.57 per barrel toll, plus the applicable Line 3 Replacement surcharge… “Approximately 70% of Mainline deliveries are tolled under this settlement, while approximately 30% of deliveries are tolled on a full path basis to markets downstream of the Mainline. The other continuing feature is that the Mainline toll will flex up or down US$0.035 per barrel for 50,000 barrel per day changes in throughput.”

CBS News: Line 3 oil pipeline: A look at what’s happened since the pipeline started operating in northern Minnesota
ERIN HASSANZADEH, 5/3/23

“It’s been over a year since the controversial Line 3 pipeline started operating in Minnesota,” CBS News reports. “The pipeline – one of dozens owned by Canadian energy giant Enbridge – is at the center of a debate surrounding environmental regulation, Indigenous rights, and access to jobs. After years of protests and legal battles, the pipeline turned on in October of 2021… “Since January of 2021, Line 3 construction has led to three aquifer breaches in Minnesota, releasing more than 320 million gallons of water. The DNR fined Enbridge $11 million for the breaches; the department says it worked with the Minnesota Pollution Control Agency to consistently monitor the project, and when the DNR discovered violations of its permits, it took action within its authority to hold Enbridge accountable… “For years, Winona LaDuke protested the pipeline. She’s been arrested several times, and is a vocal opponent of the pipeline. But in the end, those protests failed to stop the line from turning on. “Enbridge was very painful for me, you know, and my community. It was very painful and it is – it should be heartbreaking for all of us, what they have done to us and the fact that we still live under the imminent threat of oil in our water,” she told CBS… “She’s working, along with other activists, to get her charges dismissed. And she’s working with activists who are protesting Enbridge’s Line 5, which runs through northern Michigan. Others are also working on some lawsuits, filing on behalf of the local wild rice and arguing that it has a right to thrive. LaDuke vows that she’s not done. She’s not done protesting, and the fight against the oil giant is not over. “You know, they got their pipe in. And it was wrong. There’s more biodiversity in this little region of northern Minnesota than anywhere else in the state,” she told CBS. “So why wouldn’t you protect it?”

WASHINGTON UPDATES

E&E News: House climate hawks plot permitting overhaul
Emma Dumain, 4/28/23

“A discussion draft from two House Democrats is intended to get the ball rolling on permitting talks,” E&E News reports. 

The Hill: Four ways Biden is boosting fossil fuels — and drawing heat for it
SAUL ELBEIN,, 5/3/23

“Allowing an Alaska ‘carbon bomb’ In March, the Biden administration greenlit a massive, 30-year oil drilling project on Alaska’s Beaufort Sea,” The Hill reports. “The ConocoPhillips project will release 576 million barrels of oil, resulting in 239 million metric tons of carbon dioxide, according to the administration. That’s approximately the same as two new coal plants burning, or 1.7 million new gas-powered cars, pumping out emissions for the next 30 years, based on EPA data. … Massive drilling lease sales in the Gulf In March, the Biden administration’s Department of the Interior auctioned off more than 73 million acres of federal Gulf Coast waters as part of Lease Sale 259. While only a small portion of those waters received bids — about 1.6 million acres — the move, which came on the heels of the Willow decision, angered environmental groups and local communities. … Support for a controversial pipeline In April, Granholm also threw the Energy Department’s weight behind a controversial pipeline that would connect the fracking fields of West Virginia to central Virginia. On Tuesday, Manchin introduced a third attempt at a ‘permitting reform’ bill, which would fast track approval for the Mountain Valley Pipeline (MVP) project. In a letter to the Federal Energy Regulatory Commission (FERC) — an independent body that permits gas pipelines — Granholm praised what she framed as MVP’s climate benefits.”

Washington Post: EPA drafts first-ever water quality standard for tribes 
Masine Joselow, 5/4/23

“The Environmental Protection Agency on Wednesday proposed baseline water quality standards for waterways on tribal lands, granting the waters of over 250 tribes the same protections as most others in the United States, according to a news release,” the Washington Post reports. “If enacted, the new Clean Water Act regulations would for the first time set pollution limits on 76,000 miles of rivers and streams and 1.9 million acres of lakes, reservoirs and other bodies of water. They’ll require clean up of areas where more than 500,000 people fish and swim until tribes adopt their own water standards under the law. Wednesday’s proposal does not apply to drinking water.”

E&E News: Carbon removal features filters, fans — and ivory towers
Corbin Hiar, 5/4/23

“Many of the teams seeking federal money to build direct air capture megaprojects in the United States have one thing in common: They include academic institutions,” E&E News reports. “That’s distinct from typical applicants for Department of Energy funding programs, experts tell E&E. It is largely due to the emerging nature of direct air capture technology — a collection of fans, filters and piping that removes carbon dioxide from the atmosphere and stores it permanently underground or in long-lasting products like concrete. There are less than two dozen DAC facilities in operation worldwide, but that could sharply increase when DOE awards $3.5 billion to help build massive DAC hubs in the United States… “At least 10 research universities from around the country are seeking DAC hub funding, according to interviews and public announcements… “Some institutions — like Cornell University and the University of Wyoming — hope to lead regional or statewide feasibility studies of certain DAC technologies. Others aim to help with specific projects, such as one DAC hub that Shell is pursuing with Louisiana State University and the University of Houston. Other schools — led by the University of California, Berkeley — want to research alternative business models for DAC hubs.

E&E News: Occidental starts work on massive CO2 removal project
Shelby Webb, 5/1/23

“West Texas is the site of a planned direct air capture facility that would help suck carbon dioxide out of the air,” E&E News reports

E&E News: Hydrogen and the EPA power plant rule: 3 issues to watch
David Iaconangelo, 5/2/23

“Upcoming EPA regulations are expected to allow power plants to execute a historic reduction in their emissions partly by burning hydrogen,” E&E News reports. “But many questions remain about whether hydrogen will be a viable climate tool: Few power plants today are using it at scale, and some industry observers say that unless it is produced through a “clean” process before it reaches a power plant, it may not make a significant dent in U.S. emissions overall. Currently, most hydrogen is produced with natural gas. While that “gray” hydrogen may emit little or no carbon at a power plant when burned, giving it an advantage over coal and gas, its production is emissions-intensive. It also may be years until lower-carbon versions of hydrogen become available at scale for use in power plants across the United States. Yet the idea of burning hydrogen at power plants has many backers — including some major utilities — and Congress has approved subsidies for new and potentially cleaner ways of making the fuel. “Green” hydrogen, made from water and renewable electricity, and “blue” hydrogen, derived from natural gas and paired with carbon capture, are expected to be eligible for tax credits from the Inflation Reduction Act. Some energy modelers and environmentalists argue that many supposedly clean production techniques for hydrogen could actually raise emissions, unless the federal government sets strict rules, however. Others say that burning hydrogen may not be the most efficient way for power plants to decarbonize, even if the fuel is produced through a low-carbon process. “I’m really skeptical [hydrogen in power plants] will be a major solution,” Rachel Fakhry, senior advocate for the Natural Resources Defense Council’s climate and clean energy program, told E&E.

Common Dreams: Alaska Oil and Gas Projects Harming One of World’s Most Vital Bird Nesting Areas
BRETT WILKINS, 5/2/23

“Migratory bird nest survival “decreased significantly” near fossil fuel extraction sites in Alaska’s Prudhoe Bay, a study led by the Wildlife Conservation Society revealed Tuesday,” Common Dreams reports. “WCS analyzed 17 years of migratory bird nesting data in Prudhoe Bay and found that “nest survival decreased significantly near high-use oil and gas infrastructure and its related noise, dust, traffic, air pollution, and other disturbances.” “Prudhoe Bay is the site of intensive energy development and is located on the Arctic Coastal Plain, one of the most important avian breeding grounds in the world,” WCS noted. “Millions of birds nest here, with some then migrating through every state in the nation to wintering grounds in Central and South America, even Africa, with others crossing the Pacific Ocean to Russia, China, Japan, Australia, New Zealand, and Antarctica.” “…WCS said that “factors associated with industrial development that may directly or indirectly affect nesting include: habitat degradation via hydrology alteration and road dust, vehicle and aircraft traffic, noise, air pollution, and increased nest predator populations associated with development, including glaucous gulls, ravens, Arctic fox, and other species.” The study comes two weeks after the Biden administration approved the Willow Project, an $8 billion oil drilling project on federal lands in Alaska’s largest remaining unspoiled wilderness, as well as the Alaska LNG Project, which the Department of Energy admits will unleash 10 times the greenhouse emissions of Willow.”

LNG Prime: Energy Transfer to appeal DOE decision on Lake Charles LNG
5/3/23

“Energy Transfer is planning to appeal a recent decision by the US DOE to deny Lake Charles LNG’s request to extend the deadline to start exports from its proposed LNG export facility in Louisiana,” LNG Prime reports. “Last year, Lake Charles LNG, a unit of Energy Transfer, sought and won a three-year extension from FERC to construct the export plant by December 2028. However, the US DOE recently declined the request to extend the deadline to start exports by December 2028, saying that Lake Charles LNG has not shown “good cause” for an “unprecedented” second extension. “We strongly disagree with this decision and we plan to file an appeal with the DOE within 30 days of the DOE decision,” Energy Transfer’s co-CEO, Tom Long, told analaysts during the company’s first-quarter earnings call on Tuesday… “We have significant equity players that we’re in negotiations with. And for months, we’ve been given every indication that the DOE would approve our extension,” he said. “And then low and behold, here recently, they’ve come out and said that because of a new policy, they are not going to extend our request.” “…The decision by DOE has already prompted one LNG buyer to approach Energy Transfer. “We’ve had one customer come to us after we heard that 10 days ago and said they’ll go another direction at least for now,” McCrea said.

E&E News: Navajo Nation Opposes Chaco Oil Drilling Ban, Drops Compromise 
Heather Richards, 5/4/23

“The Navajo Nation has dropped its compromise on limiting oil and gas drilling near a sacred archaeological site in northern New Mexico, instead simply opposing the Biden administration’s proposed 20-year moratorium on new oil and gas leasing within 10 miles of the Chaco Culture National Historical Park,” E&E News reports. “The new hardline position from the Navajo tribe’s council comes as Interior Secretary Deb Haaland, a member of the Pueblo of Laguna and the first Native American to helm the department, nears a decision on the ban designed to shield land important to several tribes in the region. The Interior Department began consideration of the proposal in November 2021. Navajo leaders have long opposed such an action, in contrast to leaders of Pueblo tribes in the area who trace their lineage to the people who built Chaco — a network of archaeological sites dating from the late 9th century to the early 13th century that are designated as a UNESCO World Heritage Site. The Navajo resolution, signed Monday by Navajo Nation Council Speaker Crystalyne Curley, revokes an earlier resolution that endorsed a 5-mile buffer. The new resolution says the tribe doesn’t support a buffer around Chaco and rejects a bill reintroduced Wednesday on Capitol Hill by New Mexico’s congressional delegation that would permanently ban new leasing around the park.”

STATE UPDATES

WDSU: Natural gas facility being built in Plaquemines Parish has residents concerned
Travers Mackel, 5/3/23

“There are major concerns over what is being touted as the largest and most expensive liquefied natural gas plant in the country,” WDSU reports. “It is currently being built less than 30 miles from downtown New Orleans, near Myrtle Grove in Plaquemines Parish… “Some of the state’s largest environmental watchdog agencies and activists have taken notice. “What are your concerns with venture global?” asked WDSU’s Travers Mackel. “How many days do you have? The list is limitless,” said Anne Rolfes, the executive director of the Louisiana Bucket Brigade. “There’s just too many to list,” said Naomi Yoder, with Healthy Gulf. Even renowned environmentalist Wilma Subra, who used to chair the EPA’s environmental justice council, weighed in. “The people from New Orleans never really go down that far and have no idea what is going on,” said Subra… “People living near the site also have strong opinions. “I don’t think that it’s a good idea … it’s gonna be too hazardous, it may be good for the economy — but it’s not good for the people,” said Keith May. May has lived in Lake Hermitage for more than 20 years. His home is 200 yards from the plant. “Somebody may make money off it, but it ain’t gonna be us,” said May.

JD Supra: Regulating Underground Injection Wells for Carbon Sequestration in Pennsylvania
5/3/23

“…Essentially, this carbon capture and carbon sequestration theory puts the carbon back where it originated. There are many technical hurdles with this concept, but one of them is the regulation of underground injection wells,” JD Supra reports. “Injecting anything into the ground raises concerns about impacts on drinking water. Under the federal Safe Drinking Water Act, the federal Environmental protection Agency (“EPA”) administers an Underground Injection Control program that regulates various types of underground injection wells. The EPA categorizes different types of underground injection wells by assigning them to different “Classes”. “Class VI” wells are wells that are used for geologic sequestration of carbon dioxide… “Currently, the EPA has “primacy” to regulate “Class VI” wells in every state except Wyoming and North Dakota. That means that companies interested in drilling and using underground injection wells in Pennsylvania must presently engage in a permitting process with the federal government. However, regulation of underground injection wells in Pennsylvania may be subject to change. In March 2023, it was reported that Pennsylvania would be applying to the EPA for primacy to regulate Class VI underground injection wells for carbon sequestration… “This process can take years and states that may be host to Class VI wells, like Pennsylvania are considering how to obtain primacy for their operation… “But, progress toward regulatory primacy over Class VI wells in Pennsylvania potentially signals the advancement towards the potential for underground injection wells for carbon sequestration in the Commonwealth.”

EXTRACTION

Associated Press: Fossils or not? Nations split on how to meet climate goals
FRANK JORDANS, 5/3/23

“Senior officials from dozens of nations meeting in Berlin remained divided Wednesday on how to meet international climate goals, with some pushing for a phaseout of fossil fuels and others insisting that oil and gas can continue to play a role in the future — provided their emissions are somehow contained,” the Associated Press reports. “…Sultan al-Jaber, the UAE official who will chair COP28 climate talks in Dubai, said his oil-rich country wants “a comprehensive, holistic approach to an energy transition that included all sources of energy.” “We know that fossil fuel will continue to play a role in the foreseeable future, helping meet global requirements so our aim should be a focus on ensuring that we phase out emissions from all sectors whether it’s oil and gas or high emitting industries,” he said… “Climate campaigners and scientists have expressed concern that technologies proposed for capturing fossil fuel emissions aren’t tested at scale yet, and that such solutions could divert attention and resources away from effective alternatives such as renewable energy. John M. Silk, the Marshall Islands’ minister for natural resource and commerce, raised similar concerns. “We have to actually phase out fossil fuels now,” said Silk, whose low-lying Pacific atoll is threatened by rising sea levels. He called for governments at the Berlin meeting to “move beyond commitments into actual action.” “That means halting oil and gas expansion,” he said. “It means investing in renewables. That is the best way for countries to develop in a way that is fairer and more just.”  “…Denmark’s climate minister, Dan Jørgensen said that carbon capture and storage of the kind his country is testing in the North Sea should be confined to sectors where cutting emissions is hardest, such as the cement industry.”

OilPrice.com: Carbon Capture Is Beginning To Take Off
Tsvetana Paraskova, 5/2/23

“As governments move to back carbon capture projects and corporations look to reduce their carbon footprint, the market for carbon removal projects and carbon removal credits is expected to thrive in the coming years,” OilPrice.com reports. “The schemes face criticism from environmental advocates who say that carbon removal credits do not address the problem of emissions reduction and could lead to more greenwashing from the big polluters. The U.K. government pledged to provide up to £20 billion in funding for early deployment of Carbon Capture, Usage and Storage (CCUS) to help meet the government’s climate commitments… “In the United States, the IRA increased credit values across the board, with the tax credit for carbon storage from carbon capture on industrial and power generation facilities rising from $50 to $85 per ton, and the tax incentives for storage from DAC jumping from $50 to $180 per ton… “The significantly higher incentives in the IRA are giving impetus to projects.  “The CCS market has just taken off,” Nick Cooper, CEO at carbon capture and storage developer Storegga, told the Financial Times… “Climate groups, however, are not convinced that carbon removal deals would accelerate global emissions reduction. For example, the European Commission’s proposed Carbon Removal Certification Framework (CRCF) “leaves many important questions unanswered and vital issues unaddressed, and could usher in an era of greenwashed and money-wasting carbon removals,” non-profit think tank Carbon Market Watch says. In the EC’s draft regulation, “there is a risk for the framework to be turned into a greenwashing exercise and provide another excuse for big polluters to avoid cutting their emissions,” according to WWF.   

Bloomberg: EU Vows to Stick to Green Goals Despite Geopolitical Challenges
Ewa Krukowska, 5/3/23

“The European Union is committed to turning its ambitious Green Deal strategy into a reality and says it won’t be deterred by mounting geopolitical challenges,” Bloomberg reports. “What is very clear is that our climate ambition increasingly goes hand-in-hand with energy security,” Kurt Vandenberghe, director general for climate at the European Commission, told a conference hosted by the European University Institute in Florence on Wednesday. “We will stay the course, whatever happens in the world; in the very changing, volatile world.” The 27-nation bloc recently approved a Green Deal package that aims to accelerate pollution cuts in the next decade on the way to achieving climate-neutrality by mid-century. Under the pact, the EU must create an emissions-trading system for buildings and transportation and introduce a carbon border levy. The overhaul is set to occur as the continent faces tougher competition for clean technology from China and the US and is grappling with the fallout from Russia’s invasion of Ukraine… “The bloc’s next step in the clean shift will be setting an intermediary emissions-reduction target for 2040. The commission, whose current term ends next year, will in early 2024 present a policy document offering a range or options for the goal, leaving the final numbers to be decided by its successor, according to Vandenberghe.”

Reuters: Mexico Pacific to pump $14 billion into pipeline, plant
Kylie Madry, 5/2/23

“Mexico Pacific is set to build a natural gas pipeline and liquefaction plant in the northern state of Sonora for an investment of up to $14 billion, Mexican President Andres Manuel Lopez Obrador and his office said on Tuesday,” Reuters reports. “…Mexican Foreign Minister Marcelo Ebrard had told journalists earlier in the day they had met with Mexico Pacific to discuss “a considerable investment in liquefied natural gas.” The company plans to ship “out of the Pacific, because its main market is in Asia,” Ebrard added. According to its website, Mexico Pacific is already constructing a 14.1 million tonnes per annum liquefied natural gas (LNG) export terminal in Puerto Libertad, Sonora.”

CLIMATE FINANCE

Guardian: Climate protesters rework Spice Girls song to disrupt Barclays AGM
Kalyeena Makortoff, 5/3/23

“Barclays’ annual general meeting was disrupted by climate activists deploying Shakespeare-inspired quotes and reworked lyrics of a Spice Girls hit to condemn the bank’s role as one of Europe’s largest funders of fossil fuels,” the Guardian reports. “Dozens of activists from groups including Fossil Free London and Extinction Rebellion UK began their action less than five minutes into the meeting where its chair, Nigel Higgins, was addressing shareholders at the QEII Centre in Westminster, central London. A choir was the first to interrupt, with a rendition of the Spice Girls song Stop. Reworking the 90s classic’s lyrics, the group sang: “Stop right now, no more oil and gas, stop burning fossil fuels and end this madness … hey you, burning up the Earth, gotta stop it now baby we have had enough … you dirty, dirty bank.” Minutes after the bank’s chair instructed security to remove the choral group, another protester stood up, yelling: “You are the worst fossil fuel funder in Europe.” Another addressed the chair directly, shouting: “Nigel, don’t you have children … don’t you care about the planet? Don’t you care about your children?” Barclays’ company secretary, Hannah Ellwood, was heard whispering to the chair that the protesters should be made to leave, but others quickly took over in their own chorus of shouting… “As Higgins went on to outline the bank’s own climate commitments, another protester shouted: “Bullsh-t.” “…However, Higgins said Barclays would not abandon the fossil fuel sector entirely. “It is our view – and I know that not everybody agrees – that the state of energy provision today, and the questions of energy poverty and energy security, mean that we cannot simply abandon this sector.”

Reuters: Enbridge shareholders reject resolution to fully report indirect emissions
Rod Nickel, 5/3/23

“Shareholders of North American pipeline operator Enbridge Inc rejected on Wednesday a small investor’s resolution to ask the company to annually report all the indirect greenhouse gas emissions of the oil and gas it handles,” Reuters reports. “The resolution, from DI Foundation, reflects growing pressure on companies to account for more than just the emissions they generate themselves. By far, most of the emissions associated with oil and gas are produced when their final products are used, not during initial extraction. Enbridge’s board had recommended rejection of the proposal, which was non-binding. Shareholders voted 71% against it. Many companies that extract oil and gas or move it by pipeline are already trying to reduce emissions that they create or that are associated with purchased electricity, called Scope 1 and 2 emissions respectively. Scope 3 emissions refer to the air pollution generated by the products’ end use, such as in combustion engines. Investors for Paris Compliance, which represented DI Foundation, said Enbridge reports only a small portion of its Scope 3 emissions. Shareholders need better information to assess risks the company is incurring related to the transition away from fossil fuel-based energy, Duncan Kenyon, the group’s director of corporate engagement, told Reuters… “Pipeline rival TC Energy Corp (TRP.TO) also incompletely reports Scope 3 emissions, while some oil producers, like Canada’s Canadian Natural Resources Ltd (CNQ.TO) and Cenovus Energy (CVE.TO), report the emissions, Kenyon told Reuters.

OPINION

Spokesman-Review: Pipeline threatens our safety
Rev. Gen Heywood, Spokane, 5/3/23

“As people of faith and conscience, we call for halting TC Energy’s plans to add more fracked gas to the Gas Transmission Northwest pipeline through its “GTN Xpress,” Rev. Gen Heywoodwrites for the Spokesman-Review. “GTN Xpress is dangerous for our wetlands, water sources and our communities, particularly for those of us in Spokane Valley and Liberty Lake where the pipeline runs under the Spokane River, near Ridgeline High School and under Valley Real Life’s church playground near our Saltese wetlands… “Adding more fracked gas to an aging pipeline is a threat to humans and wildlife. An expansion will result in more leaks, widen the “blast zone” of potential explosions and risk the safety of our communities. Recently, Pipeline Safety Trust detailed GTN Xpress’ risks to our communities and the environment. Regulators must listen to what these pipeline experts say. We, along with nearly 400 faith leaders in Idaho, Washington and Oregon, are asking the Federal Energy Regulatory Commission to deny this dangerous and immoral project. We are grateful that Gov. Jay Inslee and Attorney General Bob Ferguson have both asked FERC to deny the project. We ask Sens. Murray and Cantwell to share in protecting creation by calling on FERC to reject GTN Xpress.”

Beaumont Enterprise: Column: Texas Can be the Carbon Capture Capital of the World
Zack Abnet is the Texas State Director for the American Conservation Coalition (ACC), 5/3/23

“…While we can be proud of that record and its contribution to our nation, the world has changed and so must Texas’ role when it comes to energy,” Zack Abnet writes for the Beaumont Enterprise. “We can and must lead on energy production. Carbon capture and sequestration technology is an essential technology in accomplishing this goal. For many of us in climate advocacy, it’s seemingly all about reducing emissions, but that narrow view ignores the fact that we need industry to maintain our quality of life. CCS makes that a reality… “However, to make these types of industries more sustainable, it’s important we reduce the CO2 emissions associated with their operations. Fortunately, across all corners of Texas, companies are implementing CCS technologies to help address this challenge. CCS is a safe and proven technology that has been quietly in use for over five decades… “Not only does Texas have the infrastructure and expertise needed to advance CCS, it also is right on top of some of the best geological formations in the world that can be used to safely store CO2 emissions… “This legislative session, state officials should place a priority on passing legislation that will allow for the further buildout of CCS.” 

Food & Water Watch: Relying on Carbon Capture is a Dangerous Fantasy
5/2/23

“According to numerous reports, the Environmental Protection Agency is set to unveil power plant rules that would rely on so-called ‘carbon capture’ technology to reduce greenhouse gas emissions. There are substantial problems with this approach that should provoke serious reservations,” Food & Water Watch writes. “Despite considerable public investment, there are still no power plants equipped with carbon capture technology. Billions of dollars have been wasted on a series of high profile failures; even the most ‘successful’ efforts fell well short of emissions reductions goals. The few carbon capture facilities that exist are overwhelmingly geared towards extracting more oil… “Widely adopted carbon capture technology would represent a massive corporate subsidy, paid by the public. While it is difficult to project total costs, the total could very easily amount to tens of billions of dollars every year. The 45Q tax credit program that was expanded under the Inflation Reduction Act should be considered its own scandal. The IRS does not identify the companies receiving the credits; all that is known is that ten companies claimed about $1 billion in credits between 2010 and 2019. But most of the companies did not have the required programs to monitor or verify that they are actually capturing carbon or appropriately storing it. At bare minimum, 45Q should be brought out of the shadows, so that the public and lawmakers can see if the process is even working.”