There is less than a month before the justices of the Nebraska Supreme court hear arguments in a case that will have a big impact on TransCanada's proposed Keystone XL pipeline. The court will hear the argument that ranchers and farmers in the pipeline's path must have their lifestyles ruined first before standing up to the bullying and lies by TransCanada. I'm not making that up - it's the actual argument that TransCanada's apologists are saying. Good luck with that.
A loss in court for TransCanada would be significant for the premier pusher of tar sands, the dirtiest form of oil on the planet. The result would be hitting the "restart" button, with new pressure to reroute the pipeline and its highly toxic, spill-prone contents away from the Ogallala Aquifer, the source of drinking water for three million Americans and countless, drought-stricken farms and ranches.
However, the company's Keystone problems are far more extensive than just this court case. Markets and the truth are walking away from this project. This is despite the desperate, high-dollar propaganda and influence-peddling campaign by the tar sands industry. Keystone's rejection is not just the smart thing to do. It's increasingly inevitable.
Impending loss now defines this project.
Since the President's June 2013 speech on the importance of solving the climate crisis, at least eight events have happened that indicate the pipeline will not and should not be built:
- Keystone XL Can't Pass The President's Climate Test: President Obama declared he'd approve Keystone "only if this project does not significantly exacerbate the problem of carbon pollution." Mounting evidence from scientists and researchers worldwide show you can't square the circle of addressing the climate crisis while developing the dirtiest source of oil in the world. These experts include:
- Dr. Marc Jaccard, an environmental economist with Simon Fraser University;
In addition, a March 2014 report by The Carbon Tracker Initiative found that Keystone XL would enable oil companies to generate 5 billion tons of CO2 by 2050, equivalent to the annual carbon pollution from one billion cars, or 1,400 coal plants.
Given the pipeline's heightened profile, the PUC will receive challenges to the pipeline via public comments and requests to appear at any hearings. Challenges will likely focus on three areas: 1) the pipeline would cross and impact parts of the ceremonial, burial and other culturally significant sites to the Sioux; 2) the pipeline could have a devastating ecological impact on the sensitive Sand Hills region, which extends into South Dakota from Nebraska, wetlands and other areas along its path; and 3) the oil from the pipeline is not needed given the availability of light oil from fracking and crude oil through rail, barge and other pipelines.
In addition, in an interview with South Dakota Public Broadcasting, Commissioner Gary Hanson said since the Keystone XL's route through Nebraska is uncertain pending the State Supreme Court's decision, the South Dakota PUC may not reissue a permit until there is a route through Nebraska. Any changes to Nebraska's route could affect the South Dakota route, and an altered route could require a more robust examination of the project since the time the pipeline was previously approved.