Catherine also regularly counsels clients with respect to pipeline construction and design issues, permitting, confidential investigations, spill and release reporting and response. News of increased crude oil transportation by rail from Canada has raised this question again. Energy Big Oil. Also, SPDC reported that it had concluded investigation in seven spill incidents from its operations across the Niger Delta with a total spilled volume of 435.01 barrels of crude. The exercise involves oil firms, regulators, host communities and state Ministries of Environment. It is the largest single gasoline spill in the U.S. since at least 2000, according to North Carolina Policy Watch, which used data from the Pipeline and … Exxon Mobil Corp.’s Imperial Oil shut down its oil-sands mine after a spill from a pipeline that supplies diluent to the operation, adding to the woes of Canada’s beleaguered energy industry. PHMSA merged the various report formats to create pipeline incident trend lines going back 20 years. More than a quarter century providing legal analysis to the oil and gas pipeline industry. Enter your email address and receive notifications of news by email. PHMSA is not the only agency that might be shouldered with these burdens; the United States Environmental Protection Agency, the United States Coast Guard, and the Department of the Interior’s Bureau of Safety and Environmental Enforcement all play a role in reviewing and approving response plans for pipelines, facilities, or vessels of various types. Construction has caused between 260,672 – 266,223 gallons of drilling fluid to spill into waterways, threatening the health of ecosystems and negatively affecting the drinking water of many residents. The most recent one to make major headlines was the Keystone pipeline, which ruptured in the last week of Oct., 2019, causing over 383,000 gallons of oil to contaminate surrounding wetlands. Second, a response plan must be consistent with the mandates of the National Contingency Plan and any applicable Area Contingency Plan, which serve to coordinate agencies’ own responses to spills. TC Energy, formerly known as TransCanada and which operates the pipeline, said Thursday that an estimated … Pipeline Incidents PHMSA has collected pipeline incident reports since 1970. Section 7 of the ESA requires a consultation when an agency’s action “may affect listed species or critical habitat,” but only when the agency has “discretionary … involvement or control” over that action. Doug Burgum, who set a goal of zero pipeline spills within the state.Between the progress made and the success of technologies developed under iPIPE, Almlie believes the organization’s membership could double over the next … Against this background, PHMSA approved two response plans for an oil pipeline passing through Wisconsin and Michigan, where it crossed the Straits of Mackinac. Native American tribes make new bid to shut down Dakota pipeline. In a sign of the times, the case was argued over video feed on April 9, and the Sixth Circuit posted an audio file of the argument. Another pipeline spill, even one that threatened to top the Tar Heel State’s record books, likely seemed par for the course for the region’s energy industry. The statute also provides that the reviewing agency “shall … promptly review” each plan submitted, “require amendments to any plan that does not meet” the six criteria, and “approve any plan” that does meet them. JIV is a statutory exercise to ascertain the cause of any recorded spill incident. The Transportation Safety Board of Canada completed its investigation into a June 2020 release of crude oil at the Trans Mountain Sumas pump station in British Columbia, determining a 1-inch pipeline fitting was the source of the leak. Shell Petroleum Development Company of Nigeria Limited (SPDC) reported that a total of 4,309.18 barrels of crude was spilled into the Niger Delta environment from its … Read more about the firm’s litigation, transactional, and regulatory practices at, Gas Pipeline Regulatory Reform Rule Finalized, PHMSA Publishes Midstream Processing Guidance, Class Location Proposal to Provide Flexibility to Operators, PHMSA Advisories Target Distribution Pipeline Meters and Overpressure Protection. Houston Shaner helps his clients secure cost-effective outcomes, from shaping regulations in the notice-and-comment phase through permitting, daily compliance and internal investigations. Two years after the first approval, the National Wildlife Federation (NWF) sued PHMSA to require ESA consultation and NEPA review. HUNTERSVILLE – Gasoline from an estimated 1.2-million-gallon leak in Huntersville in August 2020 penetrated deeper into the soil than originally estimated, the company that owns and operates the affected pipeline said Friday. In ruling on these appeals, the Sixth Circuit will determine whether PHMSA approval of those plans requires something that the agency historically has not done: consultation under the Endangered Species Act (ESA) or review under the National Environmental Policy Act (NEPA). The oil and gas pipeline that is the subject of a ransomware attack will not return to service in any meaningful way until the end of the week, the pipeline operator said on Monday News 2/12/2021. A six-foot break in the pipeline produced one of the largest inland oil spills in U.S. history. Of the seven leak incidents, six were caused by sabotage while one was traced to equipment failure. Annie Cook’s practice focuses on administrative, environmental, and oil and gas transportation laws. The case is certainly of significance to the pipeline industry, and we will continue to apprise you of developments as they occur. Only the Ninth Circuit has considered directly whether approval of response plans confers sufficient discretion to require either process, and that court concluded that the Clean Water Act does not do so. The size of the circle is relative to the volume hazardous […] Id. ... June 14, 2020 … Her team also represents clients regarding related transportation security issues and in responding to inquiries and investigations from the Department of Transportation’s Office of Inspector General. The spill cost the company at least $1.2 billion to clean up and resulted in a $177 million settlement with the U.S. Department of Justice and the Environmental Protection Agency. Post was not sent - check your email addresses! An estimated around 9,000 barrels of oil has spilled in North Dakota from the Keystone pipeline, the company said, and the spill is affecting wetlands. This report indicates recovery in excess of 330,000 gallons from the spill site and recovery wells to date. Explicitly disagreeing with the Ninth Circuit’s opinion, the District Court focused on two aspects of the Clean Water Act which, according to the District Court, required PHMSA to exercise expert judgment and discretion. 1950–1974. September 13, 2020 Update from Colonial Pipeline - 48-hour estimate of 63,000 gallons spilled revised to 272,580 gallons of gasoline released (they estimate approximately half has been recovered) as part of their 30-day report due to the Pipeline and Hazardous Materials Safety Administration (PHMSA) by September 14. This Sept. 16, 2016, file photo shows tanker trucks lined up at a Colonial Pipeline Co. facility in Pelham, Ala., near the scene of a 250,000-gallon gasoline spill caused by a ruptured pipeline. Mike Soraghan, E&E News reporterPublished: Tuesday, May 26, 2020 Energy Transfer Partners LP is the pipeline giant behind the Dakota Access pipeline. 1950–1974. By continuing to use this website you are giving consent to cookies being used. Troutman Pepper is a national law firm known for its higher commitment to client care. Enbridge was responsible for the July 2010 Kalamazoo River oil spill when the company’s Line 6B pipeline burst and flowed into Talmadge Creek, a tributary of the Kalamazoo River. Gov. According to the SPDC’s spills records, oil spill response activities were ongoing at the spill sites while recovery of spilled crude would be completed in May. But it … It also includes maps of major pipelines and boundaries of contemporary native lands. Read more about the firm’s litigation, transactional, and regulatory practices at troutman.com. Posted: Dec 29, 2020 11:04 AM MT | Last Updated: December 29, 2020 The spill reported Christmas Day took place near Drayton Valley, a … Pipeline Owner Held Liable for Economic Damages Caused by Oil Spill By Jim Sams | November 24, 2020 Email This Subscribe to Newsletter When Colonial Pipeline initially estimated it had spilled 63,000 gallons of gasoline from a ruptured pipeline in Huntersville last August, that sounded like a lot, about twice the amount in a backyard swimming pool. 1975–1999. Sorry, your blog cannot share posts by email. PAST COVERAGE: Huntersville leaders get update from Colonial Pipeline on … Trans Mountain says initial estimates indicate up to 1,195 barrels of light crude oil spilled from its Sumas pump station in Abbotsford, B.C. Notably, the Assistant Attorney General for the Department of Justice’s Environment and Natural Resources Division personally argued the case, potentially suggesting its importance to the government. Catherine Little has been advising oil and gas pipelines, terminals and LNG facilities on energy and environmental administrative law for over 25 years at all levels of federal, state and local government, with particular emphasis on regulatory compliance, litigation and enforcement defense and administrative adjudication under the Pipeline Safety Act, Natural Gas Act, Clean Water Act (including wetlands), Oil Pollution Act and National Environmental Policy Act. The Okordia-Rumekpe crude pipeline is part of the Trans Niger Pipeline (TNP) network crisscrossing SPDC’s onshore fields which conveys crude to the SPDC’s crude export terminal at Bonny in Rivers. The short answer is: truck worse than train worse than pipeline worse than boat. The panel, composed of judges Amul Thapar, Joan Larsen, and Gilbert S. Merritt, Jr., continually wrestled with how to articulate what constitutes sufficient “discretion.” As Judge Thapar put it, drawing on verbiage from a recent United States Supreme Court decision, “How do we define the line between judgment and discretion[,]” when only the latter triggers ESA and NEPA? On April 9, the United States Court of Appeals for the Sixth Circuit heard arguments in National Wildlife Federation v. Secretary of the Department of Transportation, a pair of consolidated appeals arising from approval of two spill response plans by the Pipeline and Hazardous Materials Safety Administration (PHMSA). Consultation under the ESA often results in the Fish and Wildlife Service imposing significant conditions on a project or action, and a NEPA analysis can do the same. var adx_custom=""; This page was last edited on 22 November 2020… There have been 36 spills since Pennsylvania entered a statewide shutdown on March 16th, 2020, in response to the COVID-19 pandemic. Much of this crude originates in the oil fields of Texas and North Dakota. Patty Peek and her husband built a house in St. Ignace, Mich., near the straits more than a decade ago, but it wasn’t until the 2010 spill that they learned Enbridge had another pipeline nearby. At least some federal courts have interpreted that to mean that an agency’s policy discretion is a precondition to NEPA. On April 9, the United States Court of Appeals for the Sixth Circuit heard arguments in National Wildlife Federation v.Secretary of the Department of Transportation, a pair of consolidated appeals arising from approval of two spill response plans by the Pipeline and Hazardous Materials Safety Administration (PHMSA).Operators of many onshore oil pipelines must submit, and PHMSA … 1900–1949. 33 U.S.C. A gas spill that leaked into a North Carolina nature preserve last year is much worse than initially thought. This oil spill is yet another grave reminder of the threat from the proposed $8 billion Keystone XL pipeline (KXL), which will transport crude oil from some of the world’s dirtiest oil fields located in the tar sands of Alberta, Canada to terminals along the … The crude oil spill on the Keystone pipeline in South Dakota will take months to clean up, a state official said on Friday, just days before Nebraska was due to decide on another pipeline project by the owner, TransCanada Corp. Canadian heavy crude prices and TransCanada Corp shares slid on Friday, the day after the 5,000 barrel spill, tied for this The partnership between the EERC and pipeline companies began in 2017 under an initiative launched by North Dakota Gov. 1975–1999. Judge Merritt also probed the parties on whether other aspects of the Clean Water Act, particularly its broad definition of a “removal” action, gave PHMSA real discretion. Both PHMSA and the pipeline operator, who had intervened in the case, appealed the District Court’s decision. The fuel leak was first reported in August 2020, after city officials say two teenagers were riding ATVs and noticed the leak. var adx_adsvr_adspace_vAppRoot="https://ads.dochase.com/adx-dir-d/"; By Catherine D. Little, Annie M. Cook & Houston Shaner on April 13, 2020. First, a response plan must ensure means of removing oil “to the maximum extent practicable.” To the District Court, this implied that PHMSA must exercise discretion to determine what “extent” of removal is “practicable” under the limits of available technology. Record gasoline spill in Huntersville was Colonial Pipeline’s 32nd accident in N.C. since 2000. Colonial Pipeline is responsible for the largest spill in North Carolina's history and one of the largest in the country's history, when 1.2 million gallons flowed out in Huntersville in August 2020. A pipeline is laid out on the ground within yards from Katherine McClure’s water well on Monday, May 11, 2020 in Blanco, Texas. Before 1900. It is also unclear how a decision affirming the District Court’s decision would impact the hundreds of existing spill response plans that have been approved by PHMSA without ESA consultation or NEPA review. Catherine Little has been advising oil and gas pipelines, terminals and LNG facilities on energy and environmental administrative law for over 25 years at all levels of federal, state and local government, with particular emphasis on regulatory compliance, litigation and enforcement defense and…. Annie counsels clients on regulatory issues, compliance and litigation strategy, construction and siting, and permitting and enforcement defense relating to the Pipeline Safety Act, the Natural Gas Act, the Clean Water Act, the Oil Pollution Act, National Environment Policy Act, TCSA, and related state and local laws. The operator of the Trans Mountain Pipeline estimates that between 940 and 1,195 barrels of oil were spilled at Sumas Pump Station in Abbotsford, B.C., early Saturday morning. With more than 1,200 attorneys in 23 U.S. cities, the firm partners with clients across every industry sector to help them achieve their business goals. In November 2020, Michigan Governor Gretchen Whitmer (D) ordered Canadian energy company Enbridge ENB to shut down Line 5 of its mainline pipeline … Pipeline over 40 years Also, Chief Washington Odoyibo said residents have been experiencing the antics of Shell attributing every spill incident to sabotage times without number. Seven reasons the trans Mountain pipeline Expansion is good for Canada – Deborah Jaremko Follow CEC on Facebook Facebook! Daily compliance and internal investigations or before agencies and noticed the leak,... 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