Dakota Access pipeline’s latest headache

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Dec 06, 2023 View in browser
 
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By Christian Robles

Presented by ExxonMobil

Signs marking the Dakota Access pipeline in North Dakota.

Signs marking the Dakota Access pipeline are seen north of Cannonball, North Dakota, and the Standing Rock reservation in 2021. | Matthew Brown/AP

Critics of the controversial Dakota Access oil pipeline just got more ammunition, thanks to a federal order that outlines safety problems with a lesser-known pipeline owned by the same company.

The Mid-Valley oil pipeline spanning from East Texas to southern Michigan has had at least 34 spills and other mishaps since Energy Transfer acquired it in 2012, writes Mike Soraghan.

“Conditions exist on the Mid-Valley Pipeline that pose a pipeline integrity risk to public safety, property, or the environment,” the Pipeline and Hazardous Materials Safety Administration wrote in the recent proposed safety order.

The order comes as the U.S. Army Corps of Engineers considers whether to continue allowing the Dakota Access pipeline to operate underneath Lake Oahe in North and South Dakota, which is the primary water supply for the Standing Rock Sioux Tribe. The tribe has long opposed the pipeline, warning that a spill would present an existential threat — and says the Mid-Valley order shows safety problems are “systemic” to Energy Transfer.

But the Army Corps’ draft environmental review of the Lake Oahe crossing — released earlier this year — excludes the spill history of Mid-Valley before 2017. Though Energy Transfer owned the pipeline starting in 2012, it didn’t officially merge with previous Mid-Valley owner Sunoco until 2017.

Energy Transfer has called the chances of a catastrophic spill in Lake Oahe “infinitesimal.” The environmental review similarly calls it “remote.”

Neglect of the Mid-Valley pipeline, however, has led to a string of problems, including internal corrosion, pump failures, third-party damage, faulty equipment, exposed pipes, failed repairs and operator errors, according to the federal safety order. In one Tennessee spill, a mower hit an exposed section of pipe and released 200,000 gallons of crude, some of which reached a creek.

The federal government started investigating Energy Transfer’s management of the Mid-Valley pipeline after the site experienced three leaks within 10 days last summer, on top of two earlier in the year.

Energy Transfer did not respond to requests for comment. While the company can appeal the order, it has so far only sought “informal consultation,” according to the Pipeline and Hazardous Materials Safety Administration.

 

It's Wednesday  thank you for tuning in to POLITICO's Power Switch. I'm your host, Christian Robles. Power Switch is brought to you by the journalists behind E&E News and POLITICO Energy. Send your tips, comments, questions to crobles@eenews.net.

 

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COP Corner

U.S. climate envoy John Kerry sits in a white chair with other participants of COP28.

U.S. climate envoy John Kerry at the COP28 climate talks in Dubai, United Arab Emirates. The U.S. is leading efforts to expand technology for reducing carbon pollution. | Peter Dejong/AP

New recruits: The U.S. has recruited nearly 20 countries that produce or depend on large amounts of fossil fuels to join an initiative to expand the use of carbon-trapping technology. The move highlights growing tensions at COP28 between oil-rich countries and smaller, low-lying countries over using commercially unproven technologies to combat climate change, writes Sara Schonhardt.

Fusion plan: U.S. climate envoy John Kerry announced a plan to boost international collaboration on nuclear fusion. The strategy identifies five areas of coordination: research, the supply chain and marketplace, regulation, workforce issues, and education and public engagement, I write.

Nuclear fusion could theoretically provide carbon-free electricity — without radioactive waste — but efforts to bring the energy source to market have faced significant challenges.

Congressional committee chair to skip COP: House Energy and Commerce Chair Cathy McMorris Rodgers (R-Wash.) told POLITICO's E&E News she would not attend climate talks in Dubai, United Arab Emirates, because of a scheduling conflict. Rep. Kelly Armstrong (R-N.D.), the vice chair of the House committee, will instead lead a congressional delegation to COP28, writes Emma Dumain.

Armstrong signaled to E&E News that as delegation leader he planned to promote a similar agenda as McMorris Rodgers: celebrating U.S. emission reductions, asserting energy dominance, asking other countries to step up and pushing back on deals he says could result in burdensome domestic regulations.

The elephant in the room: While U.S. officials are focused on strong outcomes coming out of COP28, some are already thinking about next year when there may be a different leader in office, reports Schonhardt. But Kerry argued that even if former President Donald Trump wins in 2024, the economic changes ushered in by the Biden administration are nevertheless here to stay.

“There was a time when that might have made all the difference. But not now,” Kerry told reporters in Dubai on Wednesday. “Donald Trump may have pulled out of the Paris Agreement, but I'm telling you, the American people stayed in.”

Companies like Ford aren’t going to go back to internal combustion engines, he argued.

 

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Power Centers

A rig pumps oil near homes in the unincorporated Windsor Hills area of Los Angeles.

A rig pumps oil near homes in the unincorporated Windsor Hills area of Los Angeles. | Reed Saxon/AP

Pro-oil ad blitz targets California climate policies
Two oil industry allies have spent $4.3 million this year on an ad campaign blaming California climate policies for raising gasoline and electricity costs. It is unclear who exactly is funding the two groups and what policies they are trying to influence, writes Anne C. Mulkern.

One ad comes from Californians for Energy Independence, which has ties to the fossil fuel industry, and the other comes from Californians for Affordable and Reliable Energy, which is linked to a big business association. Climate activists and academics have raised eyebrows about the timing of the ads, which come before next year's ballot measure asking voters to overturn a state law blocking new oil wells near schools, homes, parks and other sensitive sites.

But officials affiliated with the groups say the commercials aren’t aimed at the 2024 measure.

EPA enters high-stakes mediation with union
EPA and its largest union have entered an expedited process intended to resolve a contract that will last long after President Joe Biden leaves office, writes Kevin Bogardus. During the process known as mediation, the American Federation of Government Employees Council 238 and EPA will hammer out details on 11 contract articles including provisions detailing scientific integrity and diversity.

The stakes are high for the EPA union because the next contract could protect staff if a Republican administration comes into power and tries to tear down the agency. However, time is short; if EPA and its largest union can’t reach an agreement after two weeks of mediation, unresolved articles will go to the Federal Services Impasses Panel, the union said.

 

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Tax battle: White House adviser John Podesta explained his thought process behind highly anticipated Inflation Reduction Act tax credit guidance meant to bolster hydrogen production, climate-friendly aviation fuel and U.S.-made clean energy equipment.

Collateral damage: High interest rates meant to tame inflation have pushed developing countries away from renewable energy, raising anxieties for officials at COP28.

 

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Former House Speaker Kevin McCarthy, a leading voice for Republican energy and environment priorities, will leave Congress at the end of the month.

That's it for today, folks! Thanks for reading.

 

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