LINCOLN, Neb. – Some Nebraska landowners and tribal nations are committed to fight TransCanada's proposed Keystone XL Pipeline, after the Nebraska Supreme Court's recent decision in favor of the Mainline Alternative route through Nebraska.
Art Tanderup, who owns land along the proposed route, says landowners affected by the court's ruling were denied due process.
"And it's not in Nebraska's interest, it's not in the national interest, for a foreign corporation to be granted the power of eminent domain on U.S. citizens to take away their land," he states.
Oil and gas groups welcomed the high court's decision, calling it another important step toward building critical energy infrastructure.
The 1,100 mile crude oil pipeline from Hardisty, Alberta, to Steele City, Neb., would deliver crude oil from Canada to Gulf Coast refineries.
Critics point out that some 83 miles of the alternative route have not undergone environmental, property rights or cultural reviews, and say it was approved without proper notice to Ponca Tribe members.
Ken Winston, an attorney with the Sierra Club Nebraska chapter, says the pipeline would put the Ogallala Aquifer and endangered species at risk.
"The Sierra Club will continue to oppose the Keystone XL Pipeline on behalf of millions of Americans who care about clean air, clean water, protecting the land from pollution and conserving resources so our children can inherit a world they can live in," Winston states.
Jane Kleeb, founder of the advocacy group Bold Nebraska, says this is not the end of the line for Keystone XL opponents, pointing to three federal lawsuits still in play.
She maintains property rights of farmers and sovereign rights of tribal nations should trump what she calls a land grab by the oil industry.
"TransCanada continues to grease the wheels with our elected officials, getting whatever they want,” she says. “And it is the people that have done the work to stop this pipeline, and it will continue to be the people to make sure that this pipeline is never built."
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New federal funding aims to revolutionize solar energy access within New Mexico's Native American communities and benefit the state overall.
The Environmental Protection Agency's $7 billion "Solar for All" program is designed to create new or expanded low-income solar programs.
Talia Martin, co-executive director of the National Tribal Program for GRID Alternatives, said the funding will help bridge the clean energy gap in Native American communities.
"In New Mexico, tangible impacts would be for household savings," Martin explained. "Which means working directly with the tribes to ensure that the savings are going to individual households as well as to the community as a whole."
According to Martin, the $62 million EPA grant awarded to the GRID Tribal Program is its largest ever. Nationwide, the agency's program is set to help at least 4,700 households in Native American communities. Across the U.S., the EPA said the program will enable more than 900,000 low-income households and disadvantaged communities to benefit from distributed solar energy.
Martin emphasized the program will allow GRID to help bolster solar storage capabilities and implement essential upgrades, while at the same time advancing their mission to support the self-determined efforts of Native American tribes to deploy clean energy on tribal lands, arguing it will be important to recruit contractors who understand the needs of tribal communities they're working with.
"It's an amazing window for Indian Country to be involved in energy development," Martin pointed out. "We want to just help foster all these relationships that it is going to take to do that."
The state of New Mexico also received a grant of $156 million from the program to overcome existing barriers to widespread adoption of distributed solar generation. In addition to the federal money for solar, Array Technologies announced last week it will build a new $50 million solar manufacturing campus near Albuquerque.
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A round of public testimony wrapped up this week as part of renewed efforts by a company seeking permit approval in North Dakota for an underground pipeline carrying carbon emissions. Economic benefits were again touted but the plan still has opponents.
Last year, North Dakota's Public Service Commission denied a permit request from Summit Carbon Solutions, which wants to build a maze of pipelines in several Midwestern states. Emissions from ethanol plants would be captured for underground storage in North Dakota.
Skott Skokos, executive director of the Dakota Resource Council, said they remain unconvinced it would be a worthwhile project.
"It felt like déjà vu," Skokos observed. "I don't think Summit did anything to relax the concerns of the public."
Company officials have submitted a new application with a revised route as they try to ease concerns about safety and landowner rights. During comment periods, Summit leaders and other speakers discussed how the project would provide economic boosts, including corn prices. However, skeptics restated their concerns about potential ruptures and lasting negative effects on the landscape.
Skokos pointed out large carbon-capture projects like these have yet to prove themselves, noting smaller initiatives are not as likely to rile up opponents. He pointed to the Red Trail ethanol plant in North Dakota.
"They're storing it, basically, almost on-site, next to the facility and they're not affecting a bunch of landowners in the process," Skokos emphasized.
The Summit regulatory case has two upcoming public hearings in North Dakota, one scheduled for May 24 and the other on June 4. The company has run into similar opposition and permitting headwinds in other states, including South Dakota.
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Leaders concerned about pollution and climate change are raising awareness about a ballot measure this fall on whether the state should mandate buffer zones around new oil and gas wells.
Voters will be asked to uphold or revoke Senate Bill 1173, which would require a 3,200-foot setback around any new well near schools, neighborhoods and hospitals.
Meghan Sahli-Wells, former mayor of Culver City and a leader with the group Elected Officials to Protect America, fought to phase out the Inglewood oil field and said no community should be a sacrifice zone.
"A study from Harvard found that in California, 34,000 people died in 2018, prematurely, from fossil fuel air pollution," Sahli-Wells pointed out. "These figures are three times higher than other studies."
The Stop the Energy Shutdown campaign, supported by the California Independent Petroleum Association, opposes the setback rule, arguing it could constrict local supply and cost jobs in the industry. A court put the bill on hold pending the outcome of the November election. A "yes" vote would keep the setbacks. A "no" vote would rescind them.
Clean energy advocates are also speaking out against companies operating older low-producing wells rather than pay to shut them down and seal them up properly.
Ahmad Zahra, a city council member in Fullerton, said Assembly Bill 2716 would incentivize their closure by charging companies $10,000 a day to operate so-called "stripper wells."
"We have over 40,000 oil wells currently sitting orphaned or idle, leaking methane and volatile organic compounds into the air, water and soil," Zahra emphasized.
Other states are following California's lead. Rep. Debbie Sariñana, D-Albuquerque, New Mexico, is sponsoring a bill to require setbacks near sensitive locations since more than 32,000 children in the state attend school within a mile of an oil and gas extraction site.
"Over 80 schools in northwestern New Mexico - the San Juan Basin and southeastern New Mexico, the Permian Basin - are within one mile of an oil and gas well," Sariñana noted. "Some schools are surrounded by dozens and even hundreds of wells within a single mile."
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