Energy
Judge grants motion by state of Michigan to appeal key decision in Line 5 dispute
By James McCarten in Washington
The U.S. judge presiding over Michigan’s bid to shut down the Line 5 pipeline has given her blessing to the state to appeal one of her key findings, breathing new life into a strategy that hinges on getting the dispute heard by a lower court.
Back in August, District Court Judge Janet Neff rejected a motion from Michigan Attorney General Dana Nessel to send the case back to state court, where Nessel has acknowledged they have a better chance of winning.
But earlier this week, Neff granted Nessel’s request to certify that August decision, clearing the way for what’s known as an interlocutory appeal — formally asking an appeals court to reverse a judge’s order before a final decision in the case has been made.
Such certifications, rare in U.S. law, must meet certain conditions, Neff wrote in a decision Tuesday: that they involve a “controlling question of law” that’s likely to generate a difference of opinion, and that an appeal could expedite a resolution.
“Having reviewed the record, the court concludes that this dispute is one of the exceptional situations that compels certification,” the order reads.
“Each of the three issues identified by (the) plaintiff involve a controlling question of law, there is substantial ground for difference of opinion, and an immediate appeal will materially advance the ultimate termination of the litigation.”
Neff has also ordered that the current case — just one of several open files involving Enbridge Inc., Line 5 and the state of Michigan — remain stayed and administratively closed until the appeal is resolved.
Michigan has been in court for years with Calgary-based Enbridge in an effort to shut down Line 5, fearing a disaster in the Straits of Mackinac, the ecologically sensitive region where the pipeline crosses the Great Lakes.
Enbridge and its allies, which include the federal Liberal government in Ottawa, insist the pipeline is safe, that planned upgrades will make it even safer, and that a shutdown would impart too great a cost for the North American economy to bear.
The legal saga, however, has been dominated almost from the start by arcane procedural questions about jurisdiction and precedent, with Tuesday’s decision likely to deepen that morass even more.
Nessel has made three central arguments: that Enbridge flouted a 30-day window to move the case to district court; that Neff relied too heavily on her own earlier decision to reject Nessel’s motion in a separate but nearly identical Line 5 case; and that the question of jurisdiction has not been properly settled.
“The attorney general believes that the federal trial court clearly erred when it refused to send the case back to state court,” Nessel’s office said in a statement. “The order allows (Nessel) to ask the federal court of appeals to step in and right this wrong.”
Environmental groups in Michigan that back the state’s efforts against Line 5 also cheered the decision.
“This ruling is good news for the Great Lakes. Enbridge’s use of the federal courts to delay the state’s ability to protect the Great Lakes is unconscionable,” National Wildlife Federation counsel Andy Buchsbaum said in a statement.
“We hope that this will get the case back on track quickly so the Great Lakes doesn’t suffer from a massive oil spill.”
Enbridge, for its part, sees things differently.
A statement from the company cited Neff’s own words from the August 2022 decision in which she accused Nessel of seeking “a race to judgment and a collision course between the state and federal forum.”
“The attorney general seeks to undermine these considerations and promote gamesmanship and forum shopping,” Enbridge said, “while ignoring the substantial federal issues that are properly decided in federal court and not state court.”
This report by The Canadian Press was first published Feb. 23, 2023.
Energy
Anti-LNG activists have decided that they now actually care for LNG investors after years of calling to divest
From Resource Works
Qatar is building or chartering 104 LNG carriers, and plans to double its LNG output by the end of 2030. It would then produce 142 million megatonnes of LNG a year — more than 20 times the 7 million from the LNG Canada plant.
Strange to see activists opposed to LNG development in Canada publicly worrying about whether such projects are economically viable for investors.
One group has been arguing “the reality is that in the coming years the world may no longer need BC.’s LNG” and that could mean “the risk of future stranded assets.” Of course, they aren’t at all concerned about investors; they’re just desperately throwing every brick they can think of in organized and well-funded political campaigns to influence government.
Meanwhile, two of their prime targets proceed with their government-approved plans: LNG Canada moves steadily toward overseas exports in 2025, and Woodfibre LNG is moving toward construction, and shipping pre-sold exports in 2027. BC has also approved Fortis BC’s planned marine LNG terminal on the Fraser, which would provide LNG as fuel for visiting ships, and could also handle export cargoes from an expanded FortisBC plant in Delta.
And First Nations are working on the Haisla Nation’s Cedar LNG project, and the Nisga’a Nation’s proposed Ksi Lisims LNG operation. Odd how the activists refrain from criticizing the First Nations Peoples who want to export LNG to help their communities thrive .
And, somehow, the activists’ messages fail to impress LNG developers in the U.S., Australia, the United Arab Emirates, Russia, and Qatar. For context, Qatar is building or chartering 104 LNG carriers, and plans to double its LNG output by the end of 2030. It would then produce 142 million megatonnes of LNG a year — more than 20 times the 7 million from the LNG Canada plant.
The critics’ climate issues and concerns are indeed legitimate, no argument. World emissions hit a record high in 2023, the International Energy Agency reports. Emissions in advanced economies fell to a 50-year low, but rose in China and India.
China in 2023 accounted for 35 percent of global carbon-dioxide emissions. The U.S. stood at 12.5 percent and India at 7.7 percent. While China has indeed made much progress on renewables, it and India continue to burn more and more coal.
Why Canadian groups think they can solve world issues by focussing on relatively modest LNG proposals in Canada is beyond us.
Our Canadian LNG will be environmentally cleaner than LNG from many rival suppliers. And buyers can use it to generate more of their electricity, replacing coal-powered generation that produces far more emissions. That’s an environmental plus.
LNG Canada will have an emissions intensity of 0.15 percent of carbon dioxide per tonne of LNG produced, less than half the global industry average of 0.35 percent per tonne, and 35 percent lower than the best-performing facility.
Woodfibre LNG will be the world’s first net-zero LNG export facility — 23 years ahead of government net-zero goals. Woodfibre LNG will have an emissions intensity of just 0.04 percent — and that’s less than one sixth of the global industry average.
The Haisla’s Cedar LNG project will have an emissions intensity of just 0.08 percent of CO2 per tonne of LNG. That’s less than a third of the global average. Its plans call for emissions to be near zero by 2030.
And the Nisga’a Ksi Lisims project promises to be operating with net-zero emissions within three years of the project’s first shipment.
Our LNG has another advantage over U.S. LNG: The shipping distance from BC to prime Asian buyers is about 10 days compared to 20 days from U.S. Gulf Coast LNG plants. That means 50-60 percent lower emissions from the ships carrying the LNG.
Canada produces only 1.5 percent of world greenhouse-gas emissions. As Canada’s independent parliamentary budget officer reported in 2022: “Canada’s own emissions are not large enough to materially impact climate change.”
Thus the First Nations LNG Alliance points out: “You could shut the entire country down — no energy, no industry, no jobs, no transportation, no heat, no light — and that reduction of 1.5 percent of emissions could be wiped out by new energy development and new emissions in other countries in a matter of some months or perhaps a few years.”
And so the Alliance says: “So we have government punishing taxpayers, First Nations and industry by putting on blinkers when it comes to LNG. Ottawa views Canada as a geographical silo in which we must meet our emissions targets, regardless of what others do.
“It’s long past time, indeed, to act locally — but think globally.”
Energy
A Wealth-Creating Way of Reducing Global CO2 Emissions
From the C2C Journal
By Gwyn Morgan
It is Prime Minister Justin Trudeau’s contention there’s no “business case” for exporting Canada’s abundant, inexpensively produced natural gas as LNG. But Canadians might do well to politely decline management consulting advice from a former substitute drama teacher who was born into wealth and has never had to meet a payroll, balance a budget or make a sale. Bluntly stated, someone who has shown no evidence of being able to run the proverbial lemonade stand. And one whose real agenda, the evidence shows, is to strangle the nation’s most productive and wealth-generating industry. With the first LNG ship finally expected to dock at Kitimat, B.C. over the next year and load Canada’s first-ever LNG export cargo, Gwyn Morgan lays out the business and environmental cases for ramping up our LNG exports – and having them count towards Canada’s greenhouse gas reduction targets.
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