WASHINGTON — The Canadian architect of the controversial Line 5 cross-border pipeline expansion project said Friday it remains committed to a negotiated solution to its impasse with the state of Michigan, even though the government has effectively walked away from the table.
Both sides are obliged by court order to engage in a good-faith effort to resolve the dispute, and Enbridge Inc. “remains ready to do just that,” the Calgary-based pipeline giant said in a statement.
“Our goal from the beginning has been to work co-operatively to reconcile interests, resolve disputes and move forward in the best interest of people throughout the region,” the company said.
“We believe in the process and participated in mediation in good faith. We are committed to continuing to seek resolution, whether through mediation or by asserting our rights in the courts if necessary.”
Line 5 ferries upwards of 540,000 barrels per day of crude oil and natural gas liquids across the Canada-U.S. border and the Great Lakes by way of a twin line that runs along the lake bed beneath the ecologically sensitive Straits of Mackinac, which connect Lake Michigan and Lake Huron.
Proponents call it a vital and indispensible source of energy — particularly propane — for several midwestern states, including Michigan, Ohio and Pennsylvania, and a key source of feedstock for critical refineries on the northern side of the border, including those that supply jet fuel to some of Canada’s busiest airports.
Critics, however, among them Michigan Gov. Gretchen Whitmer, want the line shut down, arguing it’s only a matter of time before an anchor strike or technical failure triggers a catastrophic environmental disaster in one of the area’s most important watersheds.
That’s why last November, Whitmer abruptly revoked the easement that had allowed the pipeline to operate since 1953, giving the company until May to voluntarily cease operations and triggering a court case that has only dragged on since then.
Enbridge has insisted from the outset that it has no plans to voluntarily shut down the pipeline.
“We understand the stakes in this matter are important not only for Enbridge and the state, but for many others on both sides of the U.S.-Canada border who have a strong interest in its outcome,” the company said.
“Meanwhile, we will continue to safely and responsibly deliver the energy the region relies upon from the Line 5 system.”
A court-sanctioned voluntary mediation process, which began in April, has failed to yield any agreement and appears to have fallen apart, although the official status of those talks is difficult to divine.
Following the last meeting Sept. 9, Michigan’s emissaries “unambiguously communicated to the mediator that any further continuation of the mediation process would be unproductive for them, and they have no ‘desire to continue with the mediation process,'” court documents show.
Michigan District Court Judge Janet Neff, however, appears reluctant to call a halt to the process.
“Voluntary facilitative mediation necessarily requires voluntary participation by both parties,” Neff said in a decision last week that dismissed as moot one of the state’s motions aimed at short-circuiting the talks.
The process, Neff wrote, “is at least at a standstill, although the parties remain under a continuing obligation to engage in good faith to resolve this case.”
Where that leaves matters is unclear. The attorney general’s office in Michigan refused to comment Friday, referring media inquiries back to the court documents.
Enbridge has also pointed to a possible “diplomatic solution” under a 1977 U.S.-Canada treaty covering cross-border pipelines, which the Canadian government has argued applies in this case and obliges the court to step aside in favour of a negotiated bilateral settlement.
Environmental groups, meanwhile, have been unequivocal in their opposition to the pipeline and a potential replacement project.
Cathy Collentine, associate director of the Sierra Club’s “Beyond Dirty Fuels” campaign, said the U.S. Army Corps of Engineers is in the process of an environmental impact assessment on the Line 5 project. It would then be up to the White House to decide whether to take action based on the findings, she said.
If President Joe Biden’s administration is serious about confronting climate change, the most contentious cross-border pipeline projects of the last 15 years — Keystone XL, Line 5 and also Line 3, another Enbridge upgrade, this one in Minnesota — are the ones they should be blocking, Collentine said.
Such projects, with their capacity to increase fossil fuel production and consumption, are already affecting communities on the front lines of climate change, she said.
“Those are the exact projects that we have long said we cannot continue to build, we cannot continue to approve,” Collentine said.
“It’s a moment where the Biden administration, through these analyses, we believe should and hopefully will see that that is also true and not allow these projects to move forward or to continue operating.”
This report by The Canadian Press was first published Oct. 1, 2021.
James McCarten, The Canadian Press
Alberta country stars band together on song opposing Rockies coal mining
Alberta country singer Corb Lund has banded together with a few musical friends to re-release a 12-year-old song with a new focus on the possibility of open-pit coal mining in his beloved Rocky Mountains.
The song, This Is My Prairie, features Alberta country luminaries including Brett Kissel, Terri Clark and Paul Brandt and others in a new version that Lund hopes will become an anthem of opposition to the proposed developments.
Lund says the song was first written as a story about a rancher trying to preserve countryside.
He now says the lyrics match word for word with the fight many Alberta ranchers have launched against mining development.
He says it was easy to convince other singers to join him in the release — the proceeds of which will be donated to local groups concerned about coal mining.
The Alberta government is currently waiting to hear recommendations from a panel that’s been canvassing Albertans to see how, or if, they want that type of development.
This report by The Canadian Press was first published Oct. 20, 2021.
The Canadian Press
Why Bad Climate Legislation Is Worse Than No Climate Legislation
From Michael Schellenberger
Moderate Democratic Senators Joe Manchin & Krysten Sinema Are Right to Oppose the Clean Energy Performance Program
Progressives are angry that moderate Democratic Senator Joe Machin has reportedly opposed the inclusion of climate-related legislation in President Joe Biden’s budget “This is absolutely the most important climate policy in the package,” said Leah Stokes, a Canadian political scientist who helped write the legislation. “We fundamentally need it to meet our climate goals. That’s just the reality.”
But that’s not the reality. The “Clean Energy Performance Program” is not needed to meet climate goals, and might actually undermine them.
Consider Waxman-Markey. That’s the name of the “cap and trade” climate legislation that passed the House but failed in the Senate in 2010. It had a climate goal of reducing U.S. greenhouse gas emissions by 17 percent below 2005 levels by the year 2020. Instead, the U.S. reduced its emissions by 22 percent.
Had cap and trade legislation passed in the Senate, emissions would have declined less than 22 percent, because Waxman-Markey so heavily subsidized coal and other fossil fuels. As the Los Angeles Times reported at the time, “the Environmental Protection Agency projects that even if the emissions limits go into effect, the U.S. would use more carbon-dioxide-heavy coal in 2020 than it did in 2005.”
The same thing would likely have been true for the Clean Energy Performance Program, which lock in natural gas. Consider France. According to the Commision de Regulation de L’Energie, €29 billion (US$33) billion was used to purchase wind and solar electricity in mainland France between 2009 and 2018. But the money spent on renewables did not lead to cleaner electricity. In fact, the carbon-intensity of French electricity increased.
After years of subsidies for solar and wind, France’s 2017 emissions of 68g/CO2 per kWh was higher than any year between 2012 and 2016. The reason? Record-breaking wind and solar production did not make up for falling nuclear energy output and higher natural gas consumption. And now, the high cost of renewable electricity is showing up in French household electricity bills.
Some pro-nuclear people supported the proposed Clean Energy Performance Program. They claimed it would have saved existing nuclear plants at risk of closure. According to the U.S. Energy Information Administration, the closure of nuclear plants including Diablo Canyon in California, will result in nuclear energy in the U.S. declining by 17% by 2025. If the Program had passed, some pro-nuclear people believe, plants like Diablo Canyon could have been saved.
But the Clean Energy Performance Program would not have saved Diablo Canyon for the same reason it would not have saved Indian Point nuclear plant, which closed in New York, earlier this year: progressive Democratic politicians are forcing nuclear plants to close, and at a very high cost to ratepayers.
If the Clean Energy Performance Program had passed into law, Diablo Canyon’s owner, Pacific Gas & Electric, would simply have passed the $500 million to $1.5 billion penalty imposed by the Program onto ratepayers, along with the other billions in costs related to closing Diablo Canyon 40 years earlier than necessary. The same would have happened with Indian Point.
Where there is political support for saving nuclear plants, state legislators and governors save nuclear plants, as they did in Illinois a few weeks ago, and as they have done in Connecticut, New Jersey, and with up-state nuclear plants in New York. In other states, nuclear plants are protected from cheap natural gas by regulated electricity markets. And now, with natural gas prices rising dramatically, any nuclear plants at risk of closure for economic reasons are no longer at risk.
What threatens the continued operation of nuclear power plants, and nuclear energy in general, is the continued subsidization of renewables, which the Clean Energy Performance Program would have put on steroids. Under the program, utilities would have received $18 for each megawatt-hour of zero-emissions energy it produces between 2023 to 2030, on top of the existing $25 per megawatt-hour subsidy for wind energy.
Under such a scenario, notes energy analyst Robert Bryce, a wind energy company “could earn $43 per megawatt-hour per year for each new megawatt-hour of wind energy it sells. That’s a staggering sum given that the wholesale price of electricity in New York last year was $33 per megawatt-hour. In Texas, the wholesale price of juice was $22 per MWh.”
Manchin is joined in his opposition to the Plan by moderate Democratic Arizona Senator, Krysten Sinema, and understandably so. The legislation would cost Arizona ratepayers nearly $120 billion in additional electricity costs, according to energy analysts Isaac Orr and Mitch Rolling of the American Experiment. “This would result in a 45 percent increase in electricity prices by 2031, compared to 2019 rates,” they note.
As troubling, the Clean Energy Performance Program would increase dependence on solar panels made in China by incarcerated Uighyr Muslims living in concentration camps and against whom the Chinese government is committing “genocide,” according to the U.S. State Department. New research shows that China made solar panels cheaper through the use of forced labor, heavy government subsidies, and some of the dirtiest coal in the world. The Program would have done nothing to shift production of solar panels back to the U.S.
Nor would the legislation have done anything to internalize the high cost of solar panel waste disposal. Most solar panels become hazardous waste, and create dust from heavy metals including lead, as soon as they are removed from rooftops. A major study published in Harvard Business Review earlier this year found that, when the high cost of managing toxic solar panel waste is eventually accounted for, the true cost of solar electricity will rise four-fold.
As troubling, the continued expansion of weather-dependent renewables will increase electricity costs and blackouts across the United States, as they did in California and Texas. Those renewables-driven blackouts were likely on Senator Manchin’s mind when he made his decision to oppose the Clean Energy Performance Plan. He certainly knows about the problems of renewables in Texas and California, since I discussed them directly with Manchin when I testified before his committee earlier this year.
A better approach would be for Congress to seek nuclear-focused legislation to expand nuclear from its current 19% of U.S. electricity to 50% by 2050. It should take as a model the British government’s announcement yesterday that it would put nuclear energy at the center of its climate plans. Global energy shortages triggered by the lack of wind in Europe have led nations to realize that any efforts to decarbonize electricity grids without creating blackouts must center nuclear power, not weather-dependent solar and wind.
Environmental Progress and I met with British lawmakers in 2019 to advocate for a greater focus on nuclear. At the time, many British energy analysts, as well as ostensibly pro-nuclear climate activists, Mark Lynas and George Monbiot, were telling the public that their nation did not need more nuclear, as Britain could simply rely more on wind energy, and natural gas. Now, electricity prices are skyrocketing and factories are closing in Britain, due to a bad year for wind.
It was a strange experience to be alone in Britain, without support from supposedly pro-nuclear Britons, in urging lawmakers to build more nuclear plants, but I was similarly alone in many other parts of the world, and got on with the task. Happily, one year later, former Extinction Rebellion spokesperson Zion Lights joined me in advocating for nuclear, and quickly forced the government to agree to a nuclear build-out.
Today, in the U.S., there is a growing grassroots movement for nuclear energy, one which saved nuclear plants, twice, in Illinois, and other states, and is gearing up to save Diablo Canyon nuclear plant in California. Doing so will require a new governor, since the current one, Gavin Newsom, made closing the plant a feature of his sales pitch to powerful environmental groups, including Sierra Club and Natural Resources Defense Fund which are, like Newsom himself, heavily funded by natural gas and renewable energy companies that stand to benefit from the Diablo’s destruction.
Leadership at the national level will need to come from Senators Manchin and Sinema. While a significant amount of electricity policy is determined by the states, the Senate can play a constructive role in maintaining the reliability, resiliency, affordability, I testified to Senator Manchin and other committee members. Senator Sinema is from Arizona, a state with the largest nuclear plant in the U.S., Palo Verde, and which is a model of how to make electricity both low in emissions, and in costs.
With the Clean Energy Performance Program now apparently dead, the Congress, led by Manchin and Sinema, should take policy action to not only keep operating the nuclear plants that have been critical to preventing power outages in recent years, but also expand them.
About Michael Shellenberger
He is author of the best-selling new book, Apocalypse Never (Harper Collins June 30, 2020), which has received strong praise from scientists and scholars. “This may be the most important book on the environment ever written,” wrote climate scientist Tom Wigley. “Apocalypse Never is an extremely important book,” says historian Richard Rhodes, who won the Pulitzer Prize for The Making of the Atomic Bomb. “Within its lively pages, Michael Shellenberger rescues with science and lived experience a subject drowning in misunderstanding and partisanship. His message is invigorating: if you have feared for the planet’s future, take heart.”
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