Michigan OKs plan to replace 15 miles of Enbridge gas pipeline: Lansing Journal

Michigan Pipeline

Michigan OKs plan to replace 15 miles of Enbridge gas pipeline Lansing Journal

Michigan has approved a plan by Enbridge Inc. to replace some sections of a pipeline that leaked more than 800,000 gallons of oil into the Kalamazoo River near Marshall in 2010.

The Michigan Public Service Commission on Wednesday approved plans to replace three 5-mile sections of pipeline in Calhoun, Cass and St. Joseph counties. Calgary, Alberta-based Enbridge proposed the replacements earlier this year.

Cleanup worker files whistle blower lawsuit over Kalamazoo oil spill

Energy Environment Law

The Kalamazoo Gazette reports in
Judge to hear whistle-blower lawsuit of Kalamazoo River oil spill worker
 

A Calhoun County judge next week will hear a whistle-blower lawsuit from a former Kalamazoo River oil spill cleanup worker who said he was fired after telling the media and state and federal agencies that crews were told to cover up oil instead of cleaning it up.

John Bolenbaugh, of Athens, filed suit Nov. 9 against his former employer, SET Environmental Inc.

[A] brief says that the lawsuit stems from “massive operations engaging in cover-ups, lies and deceit.”

Enbridge, the brief claims, ordered contractors including SET to “deliberately and intentionally engage in improper
clean-up efforts, which included covering up oil, spreading out oil, and hiding spilled oil from the public and EPA.”

The lawsuit also claims that Bolenbaugh was wrongfully fired because he “reported and threatened to further report to the EPA and other public bodies what he believed to be illegal activities relating to the improper cleanup efforts.”

Enbridge spokesman Jason Manshum said Wednesday night that the company “would never instruct a contractor to cover oil.”

“Since the outset of the incident, our goal has been to restore the area as close as possible to its preexisting condition,” Manshum said. “That is our only goal and we remain fully committed to that goal.”

Derrick writes opinion piece for Vancouver Sun, Gitxaala say they are “unified” against Gateway

Energy Environment First Nations

The dispute over who  represents that Gitxsan First Nation became a media duel Wednesday, with an opinion piece by Gitxsan Treaty Office leader Elmer Derrick published in The Vancouver Sun and an almost simultaneous  news release from the coastal  Gitxaala First Nation from Kitkatla, emphasizing that nation’s opposition to the pipeline.

The two headlines also tell opposite stories:

Vancouver Sun: Gitxsan Nation supports Enbridge pipeline
 

The Gitxsan are positive people with a clear vision towards economic prosperity. We like to be creative in our thinking, and approach opportunities — such as the one presented by the Northern Gateway Pipelines project — with an open mind. We also wish to be self sufficient, and we intend to do this through joint ventures in oil and gas, logging, ecotourism and run-of-river power projects…

[T]he status quo is not working. We own 33,000 sq. km of productive land which has sustained us for thousands of years. Yet for too long we have watched resources leave our territories, without a say in its destination or a share in the profits.

We as Gitxsan believe we have a huge potential. Our people know how to work, and Gitxsan country continues to be the foundation of a prosperous economy — as it has throughout our long history…

More than that, the Northern Gateway project supports the vision and leadership demonstrated by the Gitxsan Nation. We believe that there should be the development of a legislative framework that would serve Canada’s interests in energy security and supply, and access to world markets. We believe that the construction of this pipeline is of vital importance to the future of Canadian energy security and prosperity.

News release: Gitxaala Nation Opposed to Northern Gateway Pipelines Project
 

Gitxaala expresses dismay at the approach that Enbridge has taken in its dealings with the Gitxsan in relation to the proposed Northern Gateway Pipelines Project. Enbridge’s abrupt announcement of its dealings with the Gitxsan in relation to the Northern Gateway Pipelines Project has created deep divisions in an aboriginal community, and appears to incorrectly suggest that there is aboriginal support for the Project. The time has come for the Government of Canada to step in to assume its proper role in managing and carrying out consultation and ensuring that accommodations and agreements are fair, transparent and properly approved.

What ever happens in Gitxsan Territory, the leaders and people of Gitxaala are unified in their opposition to Enbridge’s efforts to impose dangerous tanker traffic on their people. Gitxaala expects Enbridge and the Government of Canada to respect Gitxaala’s governance rights and its aboriginal title and aboriginal rights in these waters. Gitxaala will also be challenging the many deficiencies and information gaps found in the Environmental Assessment for the Project. As Chief Elmer Moody noted: “Our leaders and people have been shocked that a massive project like this could be brought forward for consideration with such profound deficiencies.

International Halibut Commission recommends drastic cuts in quotas, with worse to come

Environment Fishery

659-iphc.gifThe International Pacific Halibut Commission is recommending drastic cuts in quotas along the west coast for the 2012  season and possibly even larger cuts for the 2013 season.

For area 2B, the coast of British Columbia, the IPHC is recommending an overall quota of  6.633 million pounds, down from 7.650 million pounds in 2011, a decrease of 13.3 per cent.

Along the entire Pacific Coast, the IPHC wants the total  harvest cut 19 per cent from 41.07 million pounds this year to 33.882 million pounds in 2012.

The recommendations are based on the IPHC’s studies of the 2011 halibut harvest.

The commission says that exploitable biomass of  halibut continues to decline, reflecting lower recruitment (the number of fish that are becoming harvestable)  from the 1989 to 1997 year classes and smaller size at age.

The commission says that  while recruitment  from more recent year classes is stronger but halibut size at age continues to be much lower than that seen in the recent period (1997-1998) of historic high biomass, so these year classes are recruiting to the exploitable biomass more slowly than past year classes.

The IPHC FAQ explains this in easier terms as

For a simple question, this has a bit of a complicated answer. The simple answer is, they are still here. Or at least the same age fish are still here. For the past 15 years or so, halibut growth rates have been depressed to levels that haven’t been seen since the 1920’s. Both females and male halibut have the potential to grow rapidly until about age 10, about 2 inches per year for males and 2.5 inches for females. Thereafter, females have the potential to grow even faster, while males generally would slow down relative to female growth. Growth rates for these larger fish in the last 10 or so years are more on the order of one inch or less per year. This translates into a much smaller fish at any given age. There was a dramatic increase in halibut growth rates in the middle of this century, especially in Alaska. Sometime around 1980, growth rates started to drop, and now Alaska halibut of a given age and sex are about the same size as they were in the 1920’s. For example, in the northern Gulf of Alaska, an 11-year-old female halibut weighed about 20 pounds in the 1920’s, nearly 50 pounds in the 1970’s, and now again about 20 pounds. The reasons for both the increase and the decrease are not yet known but may be tied to increased abundance of other species, such as arrowtooth flounder, and availability of food supply

Steve Hare, the commission’s chief scientist told the Alaska Dispatch that scientists are becoming uncomfortable with the model they are using to calculate the biomass because “season after season the numbers of dead fish don’t add up correctly.”

Hare told the Alaska Dispatch that the commission is considering a new model that could mean “staggering cuts of 63 percent in the halibut fisheries to a mere 15 million pounds” in 2013.

Halibut quotas have been cut half since 2001 and the Alaska Dispatch says: “the implications of such a cut are huge — not only for fishermen of all sorts, but for small coastal communities from British Columbia north through Alaska, and for consumers.”

The quotas will be finalized and confirmed at the IPHC annual meeting in Anchorage, Alaska, during January 24-27, 2012.

IPHC news release Dec. 2, 2011 (pdf)

Protests won’t stop Northern Gateway pipeline, Oliver tells Postmedia

Energy Politics

In an interview with Postmedia News, Natural Resources minister Joe Oliver repeated his contention that the Northern Gateway is vital to the national interest of Canada and suggested the government won’t be pushed around, adding:    “We can’t let unlawful people oppose lawful development.”

See Protests won’t stop Northern Gateway pipeline, minister says

The oil industry’s “nation-building” attempt to link Canada’s vast oilsands resources to Asian markets can’t be stopped by protesters using civil disobedience, Natural Resources Minister Joe Oliver said Tuesday.
 
He said he will respect the regulatory process that Enbridge Inc. must go through to get approval for its $5.5-billion Northern Gateway pipeline, but said the project, if approved by the National Energy Board, shouldn’t be held hostage by aboriginal and environmental groups threatening to create a human “wall” to prevent construction.

Enbridge boss points to ‘curious’ funding of pipeline opposition by U.S. charities: Edmonton Journal

Energy Politics

The Edmonton Journal reports Enbridge boss points to ‘curious’ funding of pipeline opposition by U.S. charities

The man chosen as Canada’s top executive of 2011 has added his voice to those who argue that major U.S. charities have a hidden agenda when they finance Canadian environmental and aboriginal groups opposed to a pipeline that would open up Asian markets to the oilsands industry.

Enbridge Inc., president Patrick Daniel joins Prime Minister Stephen Harper, who recently delivered an even more blunt accusation about the possible ulterior motives of American trusts providing millions to the anti-oilsands movement.

They assert, directly or by inference, that the foundations and trusts oppose Enbridge’s $5.5-billion pipeline to Kitimat, B.C., because the link to Asian markets would end the U.S. near-monopoly on below-market-priced oilsands bitumen.

“I guess one’s mind runs to why do U.S. foundations feel they need to come here to fund opposition to a project that is obviously not in the U.S. national best interests. It is curious,” Daniel, named Canada’s 2011 chief executive of the year by Caldwell Partners, told the Edmonton Journal.

Enbridge unswayed by Gitxsan controversy: Vancouver Sun

Energy First Nations

The Vancouver Sun reports Enbridge unswayed by Gitxsan controversy

Enbridge Inc., on Monday, remained unruffled by the growing controversy in north western British Columbia communities surrounding the participation agreement it signed Dec. 2 with the Gitxsan First Nation.

“I’ve seen some comment, I don’t know that that’s a considerable amount,” said Paul Stanway, Enbridge’s spokesman on the project. “As I said, we’re comfortable with the agreement we reached.”

Gitxsan again reject Enbridge deal, demand resignation of GTO employees

First Nations Energy Environment

Leaders of the Gitxsan Nation have again rejected the deal the Gitxsan Treaty Organization made with Enbridge, endorsing the Northern Gateway Pipeline.

A press release published on Facebook by the environmental group Pipe Up Against Enbridge says in part.

On Sunday, December 4th, 2011, 3 of the Gitxsan Clans held separate meetings in 3 locations to voice their concerns and consider their future action in regards to the announcement of the signing of an agreement between the Gitxsan and Enbridge.

Gitxsan people were unaware of the undertakings with Enbridge. The Gitxsan people through Simogyet Delgamuukw say, “NO to the Enbridge Pipeline Project”. Numerous concerns from the meetings were brought forward to an emergency Gitxsan Treaty Society Board meeting held on Sunday afternoon, December 4th, to have the Gitxsan voices transferred into action.
 
On Sunday evening, an All Clans meeting was held to discuss the unified direction of the Gitxsan. Simogyet Delgamuukw was selected to be the spokesperson for the Gitxsan. The Simgigyet (Gitxsan Chiefs) stated: “We have traditional protocols in place that dictate the actions of the Gitxsan people when making important decisions that will impact the whole Gitxsan Nation and/or neighbouring Nations. These protocols were not followed by the Gitxsan Treaty Society negotiators.”

Immediate action has been taken to deal with the people responsible for negotiating and signing the agreement with Enbridge. The press release of December 2nd, 2011 was not sanctioned by the Gitxsan. All government agencies and other related business contacts are put on notice with this press release that our 2 negotiators and our Executive Director no longer represent the Gitxsan at any level.

The Globe and Mail in Gitxsan hereditary chiefs demand negotiators in Enbridge deal resign reports:

After emergency meetings over the weekend, a group of hereditary chiefs marched on the offices of the Gitxsan Treaty Society on Monday to demand the immediate resignation of three of the society’s employees. Those employees include Elmer Derrick, a Gitxsan Treaty Society negotiator and a hereditary chief who on Friday announced a deal with Enbridge to support the Northern Gateway project.

Kent attacks foreign “mischief” in opposition to Gateway:Sunmedia

Politics Environment

Environment minister Peter Kent  has attacked critics of the Northern Gateway pipeline while speaking to reporters at the climate conference in Durban, South Africa,  Sunmedia/Quebecor reports.

Foreigners funding ‘mischief’ against Canada’s oilsands: Kent

Environment Minister Peter Kent has warned that some of the opposition to the Enbridge Northern Gateway pipeline, which would run from Alberta’s oilsands to a new marine terminal in Kitimat, B.C., is not genuine.

“Our government is concerned about some outside finances that have come in to interfere and obstruct what is a legitimate development of … responsibly developed and sustainably developed Canadian resources,” Kent said from a climate conference in Durban, South Africa.

Lake Babine Nation demands apology from Gitxsan Treaty office for Enbridge deal

Energy Politics First Nations

654-LakeBabinecrest.jpg

The Lake Babine Nation has issued a news release demanding an apology for the Gitxsan Treaty Office “for signing an agreement with Enbridge that could impact the Lake Babine
Nation’s lands and resources without first consulting with the Lake
Babine Nation.”

The release from Chief Wilf Adam of the Lake Babine Nation only adds more controversy to Friday’s announcement of a deal between the Enbridge Northern Gateway project and Elmer Derrick who represents the Gitxsan Treaty Office. Other Gitxsan, both hereditary leaders and members of elected councils are also disputing the deal.

Complete text of Babine Lake Nation release:

The Lake Babine Nation is demanding an
apology from the Gitxsan Treaty Office (GTO) for signing an agreement
with Enbridge that could impact the Lake Babine Nation’s lands and
resources without first consulting with the Lake Babine Nation.

Chief Wilf Adam, speaking for the Lake Babine Nation states,
“The pipeline will not cross Gitxsan territory. They will not bear any
of the risks or the costs. It is us, along with the other Nations
through whose territories the tar sands oil will be transported, who
will suffer the consequences. It is us who stand to lose our resources,
our way of life. By supporting Enbridge the GTO has potentially
encouraged an infringement upon our Rights and Title. And they have done
so without any prior consultation.”

Chief Adam goes on to say, “The GTO has shown an incredible
disrespect for their neighbouring First Nations. The Lake Babine Nation
demands an immediate apology and a commitment to consult with us in the
future.”

It is also seeking a formal retraction and apology from the
Gitxsan Treaty Office for the statements their Chief Negotiator, Elmer
Derrick, gave to the media December 2. Mr. Derrick described five
streams that flow into Babine Lake, and the salmon they support, as, “an
important resource to the Gitxsan. He also said that the Gitxsan, “want
to be at the same table with Enbridge to have a say in how the pipeline
will be built”.

Chief Adam declares, “The streams, Babine Lake, and the
salmon resources they support, are all within the territory of the Lake
Babine Nation. These are the Lake Babine Nation’s resources, not the
Gitxsan Treaty Office’s. Neither Mr. Derrick, nor the GTO, has any right
to speak to anyone about our resources or the way that may be
developed.”

The Lake Babine Nation demands a retraction of Mr. Derrick’s
statement and an apology from the Gitxsan Treaty Office for Mr.
Derrick’s remarks. Chief Adam continues, “People know I oppose the
Enbridge’s Gateway project. And I am appalled that the GTO would support
Enbridge at the expense of other First Nations. But this is not why I
am angry. I am angry because the GTO is encouraging resource development
on Lake Babine Nation’s territory, and has done so without any prior
consultation with our Nation.”

Chief Adam concluded by saying that, “The Enbridge pipeline
will come within 200 feet of my house. It won’t come within 50 miles of
Gitxsan territory. It is the Lake Babine Nation, along with many, many
others that will bear all the risks and costs, not the GTO.”

The Lake Babine Nation’s territory lies north of Highway 16,
stretching from east of Burns Lake to well west and north of Smithers.
It encompasses Babine Lake, the second largest sockeye producing system
in the Province. Salmon remains a vital contributor to the Lake Babine
Nation’s culture and economy. In 2011 the Lake Babine Nation’s
commercial fishery was the second largest sockeye fishery in British
Columbia producing almost 200,000 selectively harvested sockeye.