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Bakken Shale

New Bigger Risks Await Poorly Regulated Rail Industry

By Justin Mikulka - DeSmog, March 31, 2023

In July of 2013, a train carrying Bakken oil from North Dakota derailed and exploded in Lac-Mégantic, Quebec, killing 47 people and destroying the downtown. I spent the five years after that accident researching what happened, following the railroad regulatory process that spans the U.S.-Canada border, and publishing a book about that experience. The main lesson of that book was that the regulatory process in America is deeply flawed and controlled by industry — both rail and oil interests. 

As we approach the 10-year anniversary of Lac-Mégantic, the disaster in East Palestine shows just how little was done to protect the public from these dangerous trains. Meanwhile, the public is facing new rail risks that are receiving scant attention — and once again federal regulators are allowing industry to move forward without proper consideration of the health and safety risks. I live three blocks from a busy rail line and what worries me the most when I hear the trains rumble past is not that they’re carrying vinyl chloride or even Bakken oil, but the looming risk of mile-long trains of liquefied natural gas (LNG) and hydrogen. 

In 2019, then-President Trump issued an executive order to fast-track new regulations that would allow shipping liquefied natural gas by rail without any meaningful guardrails on its transport. 

But Earthjustice and other organizations sued the administration over this move, citing the perils. “It would only take 22 tank cars to hold the equivalent energy of the Hiroshima bomb,” according to Earthjustice attorney Jordan Luebkemann. 

Modeling by the Pipeline and Hazardous Materials Safety Administration (PHMSA) estimates that for a train pulling 100 tank cars of LNG and traveling at 40 miles per hour, a derailment is expected to cause four punctures in the tank cars. 

The Biden administration is reviewing this Trump-era regulation, but the only sensible option is to ban the movement of LNG-by-rail. 

Over the last year, Russia’s invasion of Ukraine has upset global energy markets, giving a big boost to plans to increase exports of American LNG overseas and placing pressure to move as much LNG as possible as quickly as possible — including by rail.

Hoodwinked in the Hothouse: Examining False Corporate Schemes advanced through the Paris Agreement

Hoodwinked in the Hothouse (Third Edition)

Edited by Lucia Amorelli, Dylan Gibson, Tamra Gilbertson, the Indigenous Environmental Network, et. al. - Various Organizations (see below), April, 2021

Authored by grassroots, veteran organizers, movement strategists and thought leaders from across our climate and environmental justice movements, the third edition of Hoodwinked in the Hothouse is an easy-to-read, concise-yet-comprehensive compendium of the false corporate promises that continue to hoodwink elected officials and the public, leading us down risky pathways poised to waste billions of public dollars on a host of corporate snake-oil schemes and market-based mechanisms. These false solutions distract from the real solutions that serve our most urgent needs in an alarming climate justice moment of no-turning-back. By uncovering the pitfalls and risky investments being advanced by disaster capitalists to serve the needs of the biggest polluters on the planet, Hoodwinked also provides a robust framework for understanding the depth of real solutions and how they should be determined. As a pop-ed toolbox, Hoodwinked promises to be instructive for activists, impacted communities and organizers, while providing elected officials with critical lenses to examine a complex, technocratic field of climate change policy strategies, from local to national and international arenas.

The second version of Hoodwinked in the Hothouse was released in 2009 as a pop-ed zine collaboratively produced by Rising Tide North America and Carbon Trade Watch with the Indigenous Environmental Network and a number of allied environmental justice and climate action organizers leading up to the 2009 United Nations climate conference in Copenhagen (COP 15). During that mobilization and in years since, this zine has played a major role in raising awareness across climate movements around the world – both helping frontline organizers in their fights against destructive energy proposals and shifting policy positions of large non-governmental organizations.

With the proliferation of false solutions in the Paris Climate Agreement, national and subnational climate plans, the third edition of Hoodwinked in the Hothouse aims to provide a resource that dismantles the barriers to building a just transition and a livable future.

Includes contributions from the following organizations:

  • Biofuelwatch
  • Energy Justice Network
  • Global Alliance for Incinerator Alternatives
  • ETC Group
  • Global Justice Ecology Project
  • Indigenous Climate Action
  • Indigenous Environmental Network
  • Just Transition Alliance
  • La Via Campesina
  • Movement Generation Justice and Ecology Project
  • Mt. Diablo Rising Tide
  • Mutual Aid Disaster Relief
  • North American Megadam Resistance Alliance
  • Nuclear Information and Resource Service
  • Rising Tide North America
  • Shaping Change Collaborative

Read the text (PDF).

Oil Trains: Are Profits Worth Our Risk?

Sen. Jim Smith, State Chair of ALEC, Pens Letter to PSC Supporting TransCanada’s Foreign Steel-Made, Foreign Oil-Carrying Keystone XL Export Pipeline

By Jane Kleeb - Bold Alliance, March 8, 2017

Bold Alliance president Jane Kleeb issued this response to a letter sent by Nebraska State Sen. Jim Smith, also the state chair of corporation-friendly bill mill ALEC, and other Senators to the Public Service Commission voicing support of TransCanada’s proposed Keystone XL tarsands export pipeline, which is abusing eminent domain for private gain, and threatening our land, water and climate:

“Keystone XL is a foreign-owned pipeline, using foreign, non-union steel, transporting foreign oil, headed to the foreign export market,” said Bold Alliance president Jane Kleeb. “We stand with the United Steelworkers union demanding U.S. steel, landowners defending their property rights from eminent domain, and our Native allies as we all take action to protect our water.”

Foreign, Non-Union Steel Destined for KXL

President Trump has betrayed the promise of his Presidential Memorandum, and numerous statements he has made publicly saying that only U.S.-made steel would be used on Keystone XL.

Despite TransCanada’s contention that “75% of the steel [for Keystone XL] is coming from North American sources,” this statement grossly misrepresents the sourcing of steel already purchased by the company for the pipeline.

It’s true that some of the pipe intended for Keystone XL was manufactured in North America — Canada to be exact (which obviously does not meet Trump’s promise to “buy American” or “American-made” steel). But the Russian company with facilities in Regina, Canada that TransCanada contracted with for 40% of the pipe, Evraz, is co-owned by Russian steel oligarch Roman Abramovich, a close ally and mentor of Vladimir Putin — and a Trump family friend.

Memory, Fire and Hope: Five Lessons from Standing Rock

By Alnoor Ladha - Common Dreams, March 8, 2017

Last week, on February 22, 2017, water protectors at the Oceti Sakowin camp, the primary camp of Standing Rock, were evicted by the Army Corps of Engineers in a military style takeover. A peaceful resistance that began with a sacred fire lit on April 1, 2016, ended in a blaze as some of the protectors, in a final act of defiance, set some of the camp’s structures on fire.

The millions of people around the world who have stood in solidarity and empathy with Standing Rock now stand in disbelief and grief, but the forced closure of the encampment is simply the latest chapter in a violent, 500-year-old history of colonization against the First Nations. It is also the latest chapter in the battle between an extractive capitalist model and the possibility of a post-capitalist world.

Of course, the ongoing struggle will not go down in the flames at Oceti Sakowin. We should take this opportunity to remember the enduring lessons of this movement, and prepare ourselves for what is to come next.

IWW Resolution Against DAPL and KXL

Resolution passed by the IWW General Executive Board - January 28, 2017

Whereas: Neither the Dakota Access Pipeline nor the Keystone XL Pipeline will provide anywhere near the number of permanent union jobs the promoters of these projects promise they will, and

Whereas: Far more permanent union jobs can be created at comparable wages by repairing existing pipeline infrastructure, such as water mains in Flint, Michigan, or repairing leaks in existing pipelines (which, if unfixed, release harmful amounts of methane, a known greenhouse gas that contributes to global warming); and

Whereas: Far more jobs currently exist in the growing renewable energy sector than in the declining fossil fuel sector; and

Whereas: Though these renewable energy jobs are currently, typically nonunion, unions if so determined, could easily develop a successful organizing program, using solidarity unionism, that could revitalize the currently struggling labor movement; and

Whereas: Neither pipeline project will deliver the promised "energy security" or "energy independence" promised by their promoters, including the Building Trades and AFL-CIO Union officials among them; and

Whereas: oil pipelines, such as the aforementioned pipelines tend to leak and create unnecessary risk to the surrounding environment both through methane gas leaks and crude oil spills; and

Whereas: such pipelines endanger the communities along their routes, including many indigenous communities whose tribal sovereignty has been often ignored or violated during the permitting process by agencies subject to regulatory capture by the capitalist interests that promote them; and

Whereas: the construction of these pipelines will contribute to the acceleration of already dangerous levels of currently existing greenhouse gas emissions which are contributing to the already dangerous levels of climate change, which could lead to a dead planet with no jobs of any kind; and

Whereas: many unions, including the IWW, have already publically stated opposition to one or both the Dakota Access Pipeline and Keystone XL Pipeline; and

Whereas: President Donald Trump's "executive orders" that ostensibly "clear a path" for the completion of the aforementioned pipelines  and mandate that they be constructed using US manufactured steel are contradictory in nature and are designed primarily to divide workers and environmentalists over the false dichotomy of "jobs versus the environment", which is utterly false as previously described;

Be it Resolved that: the IWW reaffirms its opposition to the construction of the Dakota Access Pipeline and officially declares its opposition to the construction of the Keystone XL Pipeline; and

Be it Further Resolved that: the IWW stands in solidarity with the First Nations, union members, environmental activists, and community members who oppose both; and

Be it Further Resolved that: the IWW urges rank and file members of the Building Trades, Teamsters, and other unions who have declared support for these pipelines to call upon their elected officials to reverse their support; and

Be it Finally Resolved that: the IWW demands that the promoters of these pipelines develop a "just transition" plan for the pipeline workers that would be affected by the cancellation of these pipeline projects.

Among the Pipeline Fighters in Central Iowa

By Paul Street - CounterPunch, September 2, 2016

“There is a time,” Mario Savio famously said just more than half a century ago, “when the operation of the machine becomes so odious, makes you so sick at heart, that you can’t take part; you can’t even passively take part, and you’ve got to put your bodies upon the gears and upon the wheels, upon the levers, upon all the apparatus, and you’ve got to make it stop.”

That’s easier said than done, but you’ve got to make a start.

Take the hideous long black Earth-poisoning and planet-baking snake that is the Bakken Pipeline. Beneath the cover of the endless presidential election season, which in Iowa started a year and a half ago, the Texas-based company Dakota Access LLC (a division of the corporation Energy Transfer Partners [ETP]) has moved methodically ahead with its plan to build this ugly, winding, and eco-cidal tube of death. The $4 billion, 1134-mile project would carry 540,000 barrels of largely fracked crude oil from North Dakota’s “Bakken oil patch” daily on a diagonal course through South Dakota, a Sioux Indian burial ground,18 Iowa counties, and a Native American reservation to Patoka, Illinois. It will link with another pipeline that will transport the black gold to terminals and refineries along the Gulf of Mexico.

Last March, five weeks after Bernie Sanders (who opposed the pipeline) essentially tied Hillary Clinton in the Iowa Caucus, the corporate-captive Iowa Utilities Board (IUB) approved the giant Iowa portion of the project, granting Dakota Access eminent domain across the entire route. It was the company’s last major administrative hurdle for Dakota Access.

The IUB’s decision last March was rich with Orwellian irony. Iowa law forbids the condemning of agricultural land for private development. It is true, as Dakota Access argues, that the law excludes utilities under the jurisdiction of the IUB from the private development limitation. And that includes pipelines, if they serve a “public purpose.” But the pipeline would simply transport oil through Iowa and therefore serves no discernible public good for the state and in fact promises to do considerable harm to the state’s environmental and financial health. Opponents rightly point out that like all pipelines, it will eventually spill, and Dakota Access, LLC will leave Iowa holding the bag for the cleanup. Like something out of Kafka, the IUB will have no power to enforce any kind of public regulations whatsoever on the operators of the private interstate pipeline they approved as a “public utility.”

The IUB’s decision was another example among many that Iowa is up for sale to Big Business under the right wing administration of Republican governor Terry Branstad.

The stakes are high. “If the Bakken Pipeline is built,” the progressive lobbying and activist organization Iowa Citizens for Community Improvement (CCI) notes, “it would seriously harm Iowa’s already impaired water quality, threaten the integrity of the fertile farmland of thousands of everyday Iowans, and contribute to our dependence on fossil fuels. This steers us away from developing renewable energy infrastructure and curbing the most catastrophic impacts of climate change.”

No small problem, that. By all scientific and lived experiential indications, anthropogenic – really capitalism-o-genic – global warming is pushing the planet at an ever escalating pace to full-on ecosystem collapse.

Permanent trust funds: Funding economic change with fracking revenues

By Devashree Saha and Mark Muro - Brookings, April 19, 2016

The recent boom and bust of unconventional oil and gas development, or “fracking,” has reopened serious questions about resource management in many U.S. states. While the oil and gas boom generated revenue, jobs, and economic development, the recent bust has adversely impacted state budgets due to declining industry investments in exploration and production and job cuts.

The boom-bust cycle of unconventional oil and gas development highlights the need for strategic management by state governments of fracking-related revenues, not only to minimize the less desirable aspects of the boom-bust cycle but also to enhance long-term prosperity. States can address these challenges by imposing a reasonable severance (extraction) tax on their oil and gas industry and channeling a portion of the revenue into permanent trust funds. In doing so, states can convert volatile near-term revenues from unconventional oil and gas development into a longer-term and continuous source of investment funds for building sustainable and dynamic economies.

To that end, this report advances five elements of good fund governance and management that states should consider in the design and implementation of permanent trust funds:

  • Establish an effective governance framework
  • Define the fund’s revenue source, deposit, and withdrawal rules
  • Design the investment strategy
  • Seize the opportunity to invest fund earnings to economic transformation
  • Formulate explicit disclosure and transparency standards

Read the text (Link).

ILWU and community coalition challenge dangerous crude oil terminal in Vancouver, Washington

Press Release - ILWU, October 21, 2015

Disclaimer: The views expressed here are not the official position of the IWW (or even the IWW’s EUC) and do not necessarily represent the views of anyone but the author’s.

Members of ILWU Local 4 have joined forces with community and environmental allies to stop a scheme by big oil that could ruin their port, close the Columbia River and turn their city into a disaster area.

Power play

Documents show that officials from the Port of Vancouver reached a deal in secret with oil companies to build the nation’s largest oil-to-marine export terminal without first holding public hearings on the controversial and dangerous proposal.

Four trains a day

Big oil wants to bring four “unit trains” a day to the Port of Vancouver. Each of the mile-long trains would carry 100 or more tank cars filled with highly volatile and explosive crude from the Bakken oil fields of North Dakota. Each of the cars carry 30,000 gallons of highly flammable crude as the trains travel through dozens of towns before reaching the west coast.

Possible disaster

The possibility of a catastrophic disaster that could wipeout parts of Vancouver and other town became more real on July 6, 2013. That’s when a train carrying Bakken crude oil derailed and exploded in a cataclysmic firestorm that destroyed much of Lac-Megantic, a town in Quebec, Canada. The disaster killed 47 residents and injured many others.

“Bringing this stuff into our town is just irresponsible and too dangerous,” says Local 4’s Cager Clabaugh  who has told Port Commissioners that “the risk isn’t worth the reward.”

He notes that Local 4 members opposed plans for an oil export terminal in their town before the 2013 disaster in Quebec, and have strengthened their resolve since.

“Before that disaster, oil industry lobbyists were assuring our Port Commissioners that this stuff was safe and there was nothing to worry about,” said Clabaugh. “They changed their tune after the Lac-Megantic disaster, but are still saying it’s safe enough and refuse to drop their dangerous plan.”

Many other incidents

A parade of crude-by rail calamities has hit communities in North America. Six months after the Lac- Megantic inferno, another fiery rail crash occurred in Casselton, North Dakota where a Burlington Northern Santa Fe (BNSF) train carrying Bakken crude exploded after a collision.

That North Dakota accident was the fourth major North American derailment of crude-carrying trains during a six-month period in 2013. A total of 24 serious oil train crashes have occurred in the U.S. since 2006, with five crashes so far in 2015, according to the Associated Press.

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