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Monday, January 23, 2012

Senator Levin on Keystone


 We wrote our Senator regarding the Keystone Pipeline 
and his response follows. Our question to you is, do you 
know anything more than you did before you read the letter?

Conservative Tom






Dear Conservative Tom:

     Thank you for contacting me about a proposal for a crude oil
 pipeline between Canada and the United States.  I appreciate
 hearing your views on this matter.

On September 19, 2008, TransCanada Keystone Pipeline
 LP submitted an application to the U.S.
 Department of State for a Presidential permit to construct,
 operate, and maintain pipeline facilities between the
 United States and Canada for the transportation 
of crude oil.  This pipeline, often referred to as the 
Keystone XL project, would transport crude 
oil from the Western Canadian Sedimentary Basin 
to areas in the United States, including Oklahoma 
and Texas.  This project would create 
1,375 miles of new pipeline in the United
 States and 327 miles of pipeline in Canada.



The  Keystone XL project is subject to the 
National Environmental Policy Act 
(NEPA), which requires the evaluation 
of the environmental impacts of 
projects submitted for a Presidential permit. 
 The NEPA requires the preparation of an
 Environmental Impact Statement 
(EIS), which includes the consideration 
of reasonable alternatives to the project.  

On April 16, 2010, the State Department, in 
cooperation with several federal and
 state agencies, released their draft EIS 
on the Keystone XL project.  The EIS 
included the mandatory review of
 the environmental impacts of this project, 
such as the effect on fish and wildlife,
 paleontological resources, surface water,
 wetlands, vegetation, air quality, oil spill risks, 
and socioeconomics.  The EIS also
 included several pipeline systems and route 
alternatives.  The draft EIS was available for
 public comment until July 2, 2010.  In 
April 2011, the State Department offered 
a supplemental EIS for public comment, 
and subsequently announced a final
 EIS in August 2011.  However, a proposed 
change in the pipeline’s route through an area 
of Nebraska called for additional consideration.   

On November 10, 2011, the State Department 
announced it would seek additional information
 about pipeline routes and their alternatives prior to
 determining whether or not the project is in
 the nation’s best interest. The State Department 
estimated that a supplemental environmental
 review for a new route alternative could be finalized 
by early 2013.

Some argue that any delay in moving forward 
with this project would hinder job creation, 
while others argue that moving forward 
more quickly would cause risk to the
 environment. Congress passed the 
Temporary Payroll Tax Cut 
Continuation Act, which became law on 
December 23, 2011 (P.L.112-78).  
This legislation gave the Administration 
60 days to either grant a permit for the
 pipeline project or provide a justification
 for why a permit would not be
 granted.  On January 18, 2012,
 the President announced 
that the State Department recommended
 that the application be denied for the project
 under these new time constraints, and he 
agreed.  The President's full statement can be read 
online at [http://www.whitehouse.gov/the-press-office/
2012/01/18/statement-president-keystone-xl-pipeline].
    
Should this matter again come before the Senate,
 I will certainly keep your views in mind.  
Thank you for writing.

Sincerely,
Carl Levin




2 comments:

  1. I am curious how you, as a conservative, view this federal project from a states rights perspective, given the people of Nebraska (and a bill in the Nebraska state legislature) do not want the pipeline built over the Ogallala Aquifer...

    http://content.usatoday.com/communities/ondeadline/post/2011/11/keystone-xl-pipeline-to-be-rerouted-from-nebraska-sand-hills/1

    My understanding is that the pipeline company and the State Department have agreed to work out a plan to reroute the pipeline to avoid this problem, but the alternative route has not been developed and researched yet. From the states rights perspective, the other option is to simply ram the federal law (which was attached as an irrelevant rider to the pay-roll tax cut extension) down the throats of Nebraskans as a kind of "imminent domain" exercise (a concept Libertarians vehemently oppose on the basis of property rights and the 10th Amendment).

    Anyway, I wanted to get your "take" on it from this perspective.

    --David

    ReplyDelete
  2. David, the big issue here is that the government has had this project being reviewed for years. Why now do we hear about the issue with the Sand Hills, sounds like government at its best again. Why was that not an immediate concern? Why at this late date.

    Why don't they build a refinery in North or South Dakota to take the oil from Keystone and the Baake formation? It would limit the transportation and would be closer to the source of the oil?

    As far as states rights is this not commerce, covered by the commerce clause in the Constitution?

    Why is the state department in charge?

    Nebraskans have a right to move the pipeline out of sensitive areas, but once again, why at this late date?

    It is all politics!

    Eminent Domain has been abused i.e. New Jersey case where private homes were taken by eminent domain to build a shopping center. This case withstood Supreme Court muster, I do not know how but it did. Eminent Domain is for building roads and other public works that will benefit the entire population. A shopping center does not meet that requirement.
    I do not think that eminent domain was being used in this case as the pipeline might traverse private lands and to which the pipeline company would have access, it would not essentially change the character of the land after the construction was completed. I would assume that the land owners would receive a rental for the land.

    ReplyDelete

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