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Resolute v GreenPeace: suit slapped down

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The following is simple cut and paste from a GreenPeace Press Release.

This blog is going quiet for about three weeks as cruise ship internet connections are both expensive and unreliable. Normal Service will be resumed early in November.

Greenpeace

Federal Court Dismisses Racketeering Case Against Greenpeace

SAN FRANCISCO, October 16, 2017 — Today, the United States District Court for the Northern District of California dismissed all claims in the controversial case that major logging company Resolute Forest Products [2] filed against Greenpeace Inc., Greenpeace Fund, and Greenpeace International, Stand.earth and individual defendants, including claims under the Racketeer Influenced and Corrupt Organizations (RICO) act.

The court’s decision sends a clear message to corporations that attacks on core democratic values like freedom of speech and legitimate advocacy on issues of public interest will not be tolerated. District Judge Jon S. Tigar wrote in his order dismissing the case that “the defendants’ speech constituted the expression of opinion, or different viewpoints that [are] a vital part of our democracy.” Noting that “Greenpeace’s publications at issue rely on scientific research or fact”, the judge added that “[t]he academy, and not the courthouse, is the appropriate place to resolve scientific disagreements of this kind.”

Resolute will be allowed to amend its filing as a formality, but Greenpeace is confident that any such attempt will meet a similar fate.

Greenpeace USA General Counsel Tom Wetterer said in response to the decision:

“We are pleased the court unequivocally threw out this attempt to abuse our legal system and silence legitimate criticism on matters of public concern. This is very positive news for all of us, for the values that we share, and for Canada’s boreal forest. Resolute’s claim that organizations and activists committed to the conservation of the forests were part of a criminal enterprise is absurd and a sad symptom of a wider assault on constitutional rights and democracy. The logging company’s allegations were a clear attempt to silence the voices that advocate for the environment. Recently, Energy Transfer Partners — the oil company behind the Dakota Access Pipeline — decided to follow a strikingly similar path [3] under the legal wing of none other than Trump’s go-to law firm. The similarities are apparent and this underhanded playbook targeting free speech should be a cause of real concern. We’re grateful that the court has shown today it is a losing playbook, but that doesn’t mean corporate bullies like ETP won’t stop trying to use it.

“Energy Transfer’s case repackages many of the spurious allegations and legal claims made against Greenpeace by the Kasowitz firm on behalf of Resolute. The decision on the Resolute suit should be a clear indication that Energy Transfer’s case has no future. Both are classic SLAPPs, or strategic lawsuits against public participation. These cases don’t seek justice. They intend to silence free speech through expensive, time-consuming litigation. This pattern of harassment by corporate bullies led by Trump’s go-to attorneys must be stopped in its tracks.”

Greenpeace USA Senior Forest Campaigner Daniel Brindis added:

“The judge’s decision to dismiss the case affirms that Resolute’s divisive and bullying tactics are a waste of time and resources. It is time for Resolute to finally work with environmental organizations including Greenpeace to address their destructive forestry operations and forge a collaborative and sustainable path forward. Instead of spending more valuable resources to amend this lawsuit, Greenpeace hopes Resolute will finally be ready to work together to find solutions. Thousands in Canada and around the world have called for the protection of the forest, it’s time for Resolute to listen to them too. The world needs a healthy boreal forest and together we can develop long term sustainable solutions that respect the rights of Indigenous Peoples, protect local communities and ensure the survival of species at risk like the Woodland Caribou. ”

ENDS

 

[1] Click here to download a copy of the order.

[2] On May 31, 2016 Resolute Forest Products filed a CAD$300 million lawsuit under the Racketeer Influenced and Corrupt Organizations Act (RICO) in the United States District Court for Southern Georgia, against Greenpeace International, Greenpeace, Inc., Greenpeace Fund, Inc., STAND.earth (formerly ForestEthics), and five individual staff members of these independent organizations. The case was transferred to Northern California on May 16, 2017 when Resolute failed to demonstrate that the case should be heard in Georgia.

This is Resolute’s second lawsuit against Greenpeace. In 2013, the company filed a CAD$7 million defamation case against Greenpeace Canada and two staff members in Ontario, which is still pending. Click here for more information about the existing legal cases between Resolute Forest Products and defendants, or copy this to your browser: http://www.greenpeace.org/resolutelawsuits/

[3] On August 22, 2017 Energy Transfer Partners filed a multi-million dollar lawsuit under under the Racketeer Influenced and Corrupt Organizations Act (RICO). Click here for more information about the existing legal cases between Resolute Forest Products and defendants, or copy this to your browser: http://www.greenpeace.org/usa/global-warming/greenpeace-v-energy-transfer-partners-facts/

Written by Stephen Rees

October 16, 2017 at 1:25 pm

Posted in blogging, Environment, good news

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The Watershed Guardians

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Delta-Richmond Council of Canadians is pleased to confirm the first screening of a new documentary, Watershed Guardians of the Fraser River, and hope you will extend invitations by forwarding this email to your distribution list. Producer/director, Jocelyn Demers, will be on hand for discussion along with local individuals and organizations featured in the 68-minute film. Q&A with audience will follow.

Date:  Thursday, October 19, 2017

Time:  Doors open at 6:30 pm.  Event starts at 7:00 pm.

Location:  Richmond Hospital Auditorium, 7000 Westminster Hwy

Free admission – donations welcome at the door

Easily accessible on public transit.  Free parking in gravel lot marked “staff only” on north side of hospital.  Enter parking lot from Westminster Hwy and take immediate left.

Link to trailer and reviews: https://www.mondefilms.com/

For more information: deltarichmondcoc@gmail.com

 

 

 Film review:

“The Watershed Guardians of the Fraser River” by filmmaker, Jocelyn Demers, presents an in-depth view of the rich interactive ecosystems of the Fraser River Watershed and the people who champion their protection.  Eye-catching photography and accompanying commentaries draw attention to the global significance of the watershed which supports the most productive salmon river in the world, endangered orcas, sturgeon, and Canada’s major stopover for millions of migrating birds of the Pacific Flyway.

Commentators share concerns that the river, which once brought natural prosperity, is now under threat from human activities and industrialization.  Streams providing fresh water are being filled in.  Gravel extraction, dredging, contamination, dumping and barriers along the river banks are polluting and altering water flows causing degradation of ecosystems and the loss of biodiversity.  Recognizing that the river provides humans with clean water, food, health, recreation, and connectivity with nature, advocates work to restore and protect the health of the watershed.

This thought-provoking documentary is a call for action as there is so much to lose.

Written by Stephen Rees

October 10, 2017 at 5:56 pm

Posted in Environment

Growing Smarter

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growing-smarter-webThis is the title of a new report. Actually the title is longer than that but I like to be snappy when I can. The publisher adds “Integrating Land Use and Transportation to Reduce GHGs” which you may be sure is right up my alley.

Two things before I go further. This report was published on September 27, and I have only just learned of it. I thought I had spent quite a bit of effort making sure that I kept on top of this topic since it is specifically addressing BC. It was not until today that I saw a tweet from Charlie Smith which linked to an article in the Georgia Straight by Carlito Pablo.

Secondly, the report was commissioned by The Real Estate Foundation of BC. Now my association with Real Estate in BC had lead me to create a mental link between realtors and the BC Liberals. During the campaign against the expansion of Highway #1 there were credible sources saying that the then Minister of Transport, Kevin Falcon, was holding fundraising breakfasts for the realtors in this region and the Fraser Valley and promising that highway expansion would enable them to continue to build and sell single family homes. As opposed to the denser forms of development that tended to support transit. The implication being that RS1 supports right wing voters.

The other important thing to note is that you do not have to rely on my opinion or that of Carlito Pablo. You can download the full report for yourself from the link above.

But I am going to copy here the list of recommendations

Recommendations include:

  1. Bolster regional government authority and integrate transportation planning with land use in ways that support climate action.
  2. Strengthen the Agricultural Land Commission’s authority to protect farmland and limit non-agricultural use of protected land.
  3. Strengthen coordination amongst key agencies, ministries, and orders of government and support collaboration through the Climate Action Secretariat and the Local-Provincial Green Communities Committee.
  4. Use market-based tools to more fairly share the costs of transportation infrastructure and expand transportation choice.
  5. Update tax and fee structures to support sustainable financing of civic infrastructure.
  6. Help establish a Low Carbon Innovation Centre in the Lower Mainland.
  7. Create long-term transportation financing agreements between local, provincial, and federal governments.
  8. Update community GHG reduction target requirements and provide provincial support to help meet these requirements.
  9. Establish GHG impact assessment standards for local and provincial transportation projects and planning agendas.
  10. Reinvest in BC’s Community Energy and Emissions Inventory (CEEI) system to provide defensible transportation sector data.

The report was commissioned by the Real Estate Foundation of BC as part of its research on sustainable built environments in British Columbia. The report was prepared by Boston Consulting, in consultation with the Smart Growth Task Force, with contributions from MODUS Planning, Design and Engage

This all looks very promising, and I am going to download it myself before I type anything else.

Written by Stephen Rees

October 5, 2017 at 2:46 pm

Book Review “The Patch”

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Alex McLean Oilsands 11 Suncor site, Alberta, Canada 140407-0617_0

The People, Pipelines, and Politics of the Oil Sands

by Chris Turner

Written by Stephen Rees

September 10, 2017 at 4:27 pm

There Will Be Spills

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o-PIPELINE-facebook

My opposition to the TransMountain Pipeline expansion is that it will be redundant sooner rather than later. But if course that is not taken into account by any regulatory process. The pipeline has been approved and the new BC government seems to rewinding its pre-election promise to stop it. It will not just feed the export terminal in Burnaby, it will also feed the oil refineries in Washington state. It is also very unlikely that much of dilbit will be exported to Asia: most of it will go to the US refineries that can cope with heavy crudes. This will inevitably lead to the extirpation of the resident orca population in the Salish Sea already suffering due to the lack of salmon that they depend on. The rest of this post is taken from a Greenpeace press release. Once again I doubt that the corporate media will do anything but soft shoe shuffle around this issue and perhaps bleat again about jobs (just as they did with LNG) even though the employment prospects for renewables are far better than fossil fuels.


New report reveals one spill a week in US from three tar sands pipeline companies

3 August 2017 (EDMONTON) — A map and policy brief released today by Greenpeace detail a legacy of spills — roughly one every week in the United States since 2010 — from three companies proposing to build four tar sands pipelines. The map plots the location and size of 373 spills from pipelines owned by Kinder Morgan, Enbridge, TransCanada and their subsidiaries, totaling 63,221 barrels of hazardous liquids in just seven years.

These “Dirty Three” of pipeline companies, two of which are Canadian, are at varying stages of building four controversial oil pipelines from Alberta’s tar sands across North America. Data in the map and brief covers spills in the United States, where TransCanada is attempting to re-ignite the Keystone XL pipeline and Enbridge is in the late stages of permitting for its Line 3 Expansion pipeline, which would travel over 1,000 miles, crossing North Dakota and Minnesota to its destination on Lake Superior in Wisconsin. Kinder Morgan hopes to begin construction on the Trans Mountain Expansion pipeline in British Columbia this fall, while TransCanada has restarted the approval process for its Energy East pipeline, which would pass through six provinces.

Key findings in the brief include:

  • Despite industry claims, pipeline spills have remained a steady problem, with significant spills of crude oil and petroleum products increasing over the last several years across many states along the three companies’ pipeline networks. The companies’ 373 spills since 2010 account for a total of 63,221 barrels of hazardous liquids, the largest being Enbridge’s 20,082 barrels of tar sands oil spilled into the Kalamazoo River.

  • Extrapolating from current rates of incidents, Kinder Morgan can expect 36 significant spills (see Note 2 below), Keystone XL can expect 59 significant spills in its lifetime and Line 3 Expansion can expect 51.

  • Along with being far more carbon-intensive than conventional crude, diluted bitumen has been shown to be much harder to clean up when spilled in water. Both Line 3 Expansion and Keystone XL make multiple water crossings and run near key watersheds and wetland habitats.

“This data exposes these tar sands pipeline companies’ worrying safety records. There’s good reason for concern among Indigenous Peoples and communities living along these companies’ pipeline routes on both sides of the border — it’s their lands and waters that would be directly contaminated by an oil spill. With these three companies and their subsidiaries creating one spill a week in the US, it’s not a question of ‘if’ there will be a spill, but ‘when and how big’ that spill will be,” said Mike Hudema, a climate and energy campaigner with Greenpeace Canada.

Financial support for these pipelines is being provided by banks including TD, RBC, CIBC and JPMorgan Chase. Credit union association Desjardins has also provided financial support, but recently announced a moratorium on oil pipeline financing and investments in response to concerns about the threats pipelines pose to the environment and Indigenous rights. Greenpeace Canada and Greenpeace USA are part of an international coalition of civil society and Indigenous organizations campaigning to urge financial institutions to pull their investments in tar sands pipelines given the high financial, reputational and environmental risks they pose.

(1) In Canada, pipeline spill reporting falls under a combination of federal and provincial jurisdictions, leaving Canadians without a central, up-to-date set of data due to discrepancies in the transparency, quality and user-friendliness across jurisdictions. One of the most comprehensive spill databases in Canada was actually compiled by Global Television, which showed that Alberta (the epicentre of tar sands production) averaged 2 spills a day for the 37 years covered by the dataset. [Note that the map linked to in this paragraph only covers Alberta.]

(2) PHMSA data for crude oil pipelines shows 0.001 significant incidents per year per mile, so assuming the U.S. rate for Kinder Morgan’s Trans Mountain Expansion pipeline, we would expect to see 0.001 sig spills/yr/mi x 715mi x 50yr = 36 significant spills in a 50 year lifetime.

Written by Stephen Rees

August 3, 2017 at 10:22 am

How Industry is Constraining Canadian Climate Action on Methane

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methane

Flares burn off excess methane at oil and gas refineries, landfills, and other industrial plants. Flares are used to control release of methane into the atmosphere but recovery options are also available that capture methane for use as fuel. source: http://www.pnnl.gov/

This is a guest post by John Jeglum. He is a retired peatland scientist who worked at the Great Lakes Forestry Centre, Natural Resources Canada, Sault Ste. Marie, ON, until 1994, and then at the Swedish University of Agricultural Science, Department of Forest Ecology and Management. He retired from Sweden in 2005, and returned to BC, first in Victoria, now in Duncan.

Much of the material in this post comes from a webinar run by the Climate Action Network in May of this year. It was originally sent to Fraser Voices as an email that included attachments. When these came from internet sources, I have substituted links.


 

You will recall the recent decision by the federal government to delay the institution of new procedures and regulations to reduce methane emissions in fracked natural gas and oil operations by 2 to 3 years. Part of this delay was owing to objections by the Canadian Association of Petroleum Producers (CAPP) to high extra costs for methane reductions (see Oilpatch accused of using ‘myth’ to delay Canada’s Climate Action  Carl Meyer 2017), and part owing to the new Trump administration, especially with new EPA head Scott Pruitt, which may delay the application of procedures and regulations in the USA.

Recently (18 May 2017), the Climate Action Network sponsored a webinar “How industry is constraining Canadian Climate Action on Methane.” Attached are three powerpoint presentations, and two sets of notes taken from oral presentations. The presenters are five knowledgeable persons with first hand information about the progress the industry/government’s program of constraining release of methane in the gas industry.

Andrew Read (Pembina)

Drew Nelson (EDF)

Keith Stewart (Greenpeace)

Dale Marshall (ED Natl. Prog. Manager) ‘Addressing methane emissions from the oil and gas sector.’ Notes–audio presentation

John Werring (Suzuki Foundation). 3 summers of field work on methane, Montney Play, NE BC. Notes — audio presentation

Read’s presentation gives information on methane gas leakages from a number of pieces of equipment / structures / practices —fugitives (33%), venting (23%), pneumatics (20%), compressor systems (9%), well completions (1%), other (13%). The other presentations give their interpretations for the delay. Especially interesting was the final presentation by John Werring, which noted an absence of in-the-field inspection and monitoring. Monitoring of methane release has had rather little serious attention in NE BC.

In the listing of known methane leaks, what is missing is an assessment of the methane leakage owing to leakage from the vertical and horizontal well bores. The vertical well bores consist of one or several nested steel pipes, sealed on the outside surfaces with cement. The cement surrounds each pipe, including the outermost pipe, and is meant to keep the fracking water, and returning water and contained liquids, inside the pipe. The horizontal steel pipe has holes exploded through it to allow for the water containing fracking fluids to be forced under tremendous pressures out into adjacent shale layers. When the forced injection of fracking fluid and sand (or other propping material) is stopped, the fracking water, containing methane and other carbonaceous liquids from the surrounding shale parent material, moves into the bore and travels up to the surface. It is not clear how far the the cement casing extends from the vertical along the horizontal bore. So probably not all the fracking water plus dissolved organics gets back into the horizontal bore pipe. Some may escape through discontinuities in the parent material or by travelling along the outside of the bore pipe to the surface. This results in loss of desired methane and other gas and liquid materials, which may bubble to the surface at the well, or at distance from the well into aquifers, surface waters and water wells. Fracking wells have demonstrated this kind of uncontrolled loss of methane, increasing for several years after fracking well abandonment  (Ingraffia et al. 2013 and others, e.g. Cherry, Dusseault, Jackson).

After well abandonment, the cement casements can develop cracks owing to natural ground movements, probably caused by earthquakes which are stimulated by fracking (Ingraffia et al. 2014). The degree of cracking increases over time after well abandonment, such that 40% or more of the wells develop leakages of produced water with methane other gases, carbonaceous materials, and fracking chemicals. These compounds can rise upwards and are the ones often reported as spilling over at the well sites, and contaminating groundwater aquifers, wells used for animal and human consumption, and surface waters. As part of the environmental assessment, methane and other compounds escaping from the drilled wells need to be assessed to get a complete picture of fugitive methane and potential groundwater contamination. Very few human and livestock groundwater wells are being monitored in NE BC for methane and other fracking contaminants, before, during and after fracking and gas production. The release of methane and other materials from the drilled well, increasing with time, is a major characteristic of fracked wells (ibid.). As fracking is presently conducted, the fugitive methane leaking from the gas wells, as well as the rest of the sequence of gas capture, processing, and pipeline transportation, wipes out any benefits that may be obtained by low emissions at final burning of the gas (Romm 2014). Many authors have noted that owing to large gas leakage, it is highly doubtful that natural gas can act as an effective bridge fuel (Magill 2014).

With the rate of rising temperature associated with rising GHGs, can humankind really afford to put off serious and immediate action to minimize fugitive emissions of methane, a serious global warming gas? I don’t think we can afford to put off even by three years serious action on reducing fugitive emissions, establishing reasonable rates of carbon pricing, and lowering or removing subsidies to industries for fracking.  The temperature curve is rising steeply, and knowledgeable climate scientists indicate that we need to start immediately a wartime level effort to reduce emissions. Dr. James Hansen declares that we need to start reducing the emissions by 2-3% yearly, immediately, to have any chance of keeping temperatures below 2 degrees (see new temperature chart by James Hansen).

 

David Suzuki Foundation: New Science Reveals Unreported Methane from B.C.’s oil and gas industry threatens Canada’s international climate commitments.

Ingraffea, Anthony. 2013. Lethal Gas-Oil Wells in Pennsylvania, Seminar in NY State Seminar with illustrations. , 13Dec2013– “Lethal Gas/Oil Wells in Pennsylvania” (TEDx Albany 2013 via YouTube)

 

Written by Stephen Rees

August 2, 2017 at 4:41 pm

Weekly Photo Challenge: Delta

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Mouth of the Fraser aerial 2007_0710_105838AA

“This week, share a photograph that signifies transitions and change to you.”

This is an aerial shot from a plane leaving Vancouver on its way to Toronto in July 2007. I had to do quite a bit of work to edit the original – removing the mist that bedevils aerial photos, and correcting the colour, as well as adjusting the frame. Note that I have left the horizon tilted. I usually straighten that but in this case the plane is climbing steeply and turning eastwards. The plane leaving Vancouver took off over the Strait of Georgia, westwards, into the prevailing wind then turned towards the east.

The delta of the Fraser River is under threat from industrialisation. It is some of the most fertile soil in British Columbia, and one of the few places where vegetables can be grown. The river is still one of the most important ecosystems in the province with the remaining salmon runs threatened both by urban sprawl and climate change. Add to that the determination of the port to expand its activities – especially for the export of fossil fuels – and the storage of containers, which mostly come into the port loaded but have very much less utility for our exports, and we face a huge challenge.

I was very surprised to read in the original challenge “the current growing louder and faster before it spilled into the sea” which is exactly the opposite of what happens in this river delta – and almost certainly every other. The river’s current is much faster inland, where it rushes through the Fraser Canyon. The restriction of Hell’s Gate was one of the greatest challenges facing the Europeans when they started to exploit this part of the world. In building the Canadian National Railway they succeeded in blocking the river with their explosives, and the indigenous people carried the salmon upstream in baskets to help ensure the continuation of the species. The river turns westward at Hope and, as the valley widens, slows and begins to meander. The amount of silt that the water can carry drops as it slows, building the gravel beds that the gold prospectors pounced on, and the rich soils of what became farmland. In its natural state as the valley bottom opens up and flattens out the river would constantly move north and south seeking the sea between the mud banks and silt layers. We have of course put a stop to that with dykes and embankments to prevent flooding – that is actually the natural state – and constant dredging of the shipping channel to keep it open and, contentiously, to allow for larger ships.

This “photograph that signifies transitions and change to you” is one that I have used a lot on this blog as part of the campaign that challenges the present plans to expand the port and build a new, huge bridge at the leftmost edge of this picture, where the soil of the river banks is 2,000m or more of silts and sands, prone to liquefaction in the case of earthquakes (another imminent threat in this region) let alone the damage to Pacific flyway, the eelgrass beds, the habitat of many sensitive life forms and, of course, Burns Bog. You can read more about these issues in both this blog and at Fraser Voices.

And, by the way, the name of the municipality in most of this picture is Delta.

Written by Stephen Rees

June 28, 2017 at 10:36 am