Legal and Environmental Setbacks Stymie Pipelines Nationwide — The New York Times #ActOnClimate #KeepItInTheGround

A sign along U.S. Highway 20 in Stuart, Nebraska, in May 2012. Stuart is on the edge of the Sand Hills, a few miles from Newport. Photo/Allen Best – See more at: http://mountaintownnews.net/2015/11/15/rural-nebraska-keystone-and-the-paris-climate-talks/#sthash.Hm4HePDb.dpuf

From The New York Times (Hiroko Tabuchi and Brad Plumer):

They are among the nation’s most significant infrastructure projects: More than 9,000 miles of oil and gas pipelines in the United States are currently being built or expanded, and another 12,500 miles have been approved or announced — together, almost enough to circle the Earth.

Now, however, pipeline projects like these are being challenged as never before as protests spread, economics shift, environmentalists mount increasingly sophisticated legal attacks and more states seek to reduce their use of fossil fuels to address climate change.

On Monday, a federal judge ruled that the Dakota Access Pipeline, an oil route from North Dakota to Illinois that has triggered intense protests from Native American groups, must shut down pending a new environmental review. That same day, the Supreme Court rejected a request by the Trump administration to allow construction of the long-delayed Keystone XL oil pipeline, which would carry crude from Canada to Nebraska and has faced challenges by environmentalists for nearly a decade.

The day before, two of the nation’s largest utilities announced they had canceled the Atlantic Coast Pipeline, which would have transported natural gas across the Appalachian Trail and into Virginia and North Carolina, after environmental lawsuits and delays had increased the estimated price tag of the project to $8 billion from $5 billion. And earlier this year, New York State, which is aiming to drastically reduce its greenhouse gas emissions, blocked two different proposed natural gas lines into the state by withholding water permits.

The roughly 3,000 miles of affected pipelines represent just a fraction of the planned build-out nationwide. Still, the setbacks underscore the increasing obstacles that pipeline construction faces, particularly in regions like the Northeast where local governments have pushed for a quicker transition to renewable energy. Many of the biggest remaining pipeline projects are in fossil-fuel-friendly states along the Gulf Coast, and even a few there — like the Permian Highway Pipeline in Texas — are now facing backlash.

“You cannot build anything big in energy infrastructure in the United States outside of specific areas like Texas and Louisiana, and you’re not even safe in those jurisdictions,” said Brandon Barnes, a senior litigation analyst with Bloomberg Intelligence…

In recent years…environmental groups have grown increasingly sophisticated at mounting legal challenges to the federal and state permits that these pipelines need for approval, raising objections over a wide variety of issues, such as the pipelines’ effects on waterways or on the endangered species that live in their path…

Strong grass roots coalitions, including many Indigenous groups, that understand both the legal landscape and the intricacies of the pipeline projects have led the pushback. And the Trump administration has moved some of the projects forward on shaky legal ground, making challenging them slightly easier, said Jared M. Margolis, a staff attorney for the Center for Biological Diversity.

For the Dakota and Keystone XL pipelines in particular, Mr. Margolis said, the federal government approved projects and permits without the complete analyses required under environmental laws. “The lack of compliance from this administration is just so stark, and the violations so clear cut, that courts have no choice but to rule in favor of opponents,” he said…

Between 2009 and 2018, the average amount of time it took for a gas pipeline crossing interstate lines to receive federal approval to begin construction went up sharply, from around 386 days at the beginning of the period to 587 days toward the end. And lengthy delays, Mr. Barnes said, can add hundreds of millions of dollars to the cost of such projects…

A slump in American exports of liquefied natural gas — natural gas cooled to a liquid state for easier transport — has also weighed heavily on pipeline projects. L.N.G. exports from the United States had boomed in recent years, more than doubling in 2019 and fast making the country the third largest exporter of the fuel in the world, trailing only Qatar and Australia. But the coronavirus health crisis and collapse in demand has cut L.N.G. exports by as much as half, according to data by IHS Markit, a data firm.

Erin M. Blanton, who leads natural gas research at Columbia University’s Center on Global Energy Policy, said the slump would have a long-term effect on investment in export infrastructure. The trade war with China, one of the largest growth markets for L.N.G. exports, has also sapped demand, she said…

Last year in Virginia, a coalition of technology companies including Microsoft and Apple wrote a letter to Dominion, one of the utilities backing the Atlantic Coast pipeline, questioning its plans to build new natural gas power plants in the state, arguing that sources like solar power and battery storage were becoming a viable alternative as their prices fell. And earlier this year, Virginia’s legislature passed a law requiring Dominion to significantly expand its investments in renewable energy.

“As states are pushing to get greener, they’re starting to question whether they really need all this pipeline infrastructure,” said Christine Tezak, managing director at ClearView Energy Partners…

Climate will also play a larger role in future legal challenges, environmental groups said. “The era of multibillion dollar investment in fossil fuel infrastructure is over,” said Jan Hasselman, an attorney at the environmental group Earthjustice. “Again and again, we see these projects failing to pass muster legally and economically in light of local opposition.”

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