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Delays continue as Constitution Pipeline remains dormant in New York

04/05/16

Binghamton, NY (WBNG Binghamton) Construction of the Constitution Pipeline is on hold once again in New York.

Even with federal approval for the Constitution Pipeline back in December 2014, officials can't move forward with the project until the section 401 water quality certification is passed in the state.

Officials from the pipeline are still confident the pipeline will be built.

"At this stage, we have contractors selected, we have pipe in the area stored, we are working with the local unions and workforce to get them geared up for the project," Constitution Pipeline Manager Mike Atchie said.

Officials from the constitution pipeline got together at the Metro Center in Binghamton Tuesday.

"We just let the public know that this project is going to be built safely, it's going to be built by local labor who these are trained folks who are environmentally conscious," LiUNA Leader Dave Marsh said.

An environmentalist with the organization Toxics Targeting, Walter Hang, says this pipeline is dangerous and that the water quality certification should not be granted.

"They routinely blow up, they routinely fail and basically the law is really clear, the governor cannot grant the section 401 water quality certification," Hang said.

Toxics Targeting launched a new petition to stop the pipeline.

An online letter asks all presidential candidates on the New York primary ballot to sign the pledge to oppose the pipeline.

"We're writing respectfully to all the presidential candidates who are coming to New York on April 19 to see what their fate is," Hang said. "We're telling them, 'if you don't sign a pledge to oppose the constitution pipeline, then you're not going to receive probably a favorable reply from tens of thousands of fracktivists who are so concerned about these issues'."

Pipeline officials say they''re confident the water quality certification will be granted by the end of April.

In fact, they are hoping to start constructing the pipeline in the summer and have it finished by the second half of 2017.

Gas Pipeline Opponents Hope to Influence NY Presidential Primary

04/05/16



Robert Kennedy Jr. is the attorney representing the opponents of the Constitution pipeline, through the Pace (University) Environmental Litigation Clinic, which he founded.

Fracktivists, as anti-hydrofracking activists are called, hope to play a role in New York’s presidential primary. They are asking Democrats Hillary Clinton and Bernie Sanders, as well as Republican candidates, to take a stand against the Constitution pipeline and other natural gas pipelines that, if approved, could criss- cross the state.

More than 200 fracktivists held a rally to oppose natural gas pipelines in New York, and to call on Gov. Andrew Cuomo to ban them.

Robert Kennedy Jr. is the attorney representing the opponents of the Constitution pipeline, through the Pace (University) Environmental Litigation Clinic, which he founded.

In a speech to the cheering crowd on the steps of the Capitol, Kennedy says the present system favors what he calls the “dirtiest fuels” from “hell.”

“Rather than the cheap green wholesome and patriotic fuels from heaven,” Kennedy said.

The very politically involved fractivists are hoping to play a role in the presidential primary in New York as well. They want Hillary Clinton and Bernie Sanders to go on record against building more pipelines for fossil fuel-based energy. Kennedy , who did not say who he backs in the primary, says he has also written both campaigns, asking for their views on the issue. He says the movement already convinced Cuomo to ban fracking in New York.

“These are people who vote,” said Kennedy, who added that it takes devotion to stand outside in 20-degree weather to hear speeches, then march several blocks to the New York State Department of Environmental Conservation for another demonstration.

“There’s two things that drive politics in our country. One is money and the other is intensity,” Kennedy said. “You’re looking at intensity right here.”

In 2014, many fracking opponents voted for Zephyr Teachout against Cuomo in the Democratic primary, and Teachout won several upstate counties where fracking had been proposed. Teachout was against the natural gas extraction process.

Shortly after he won re-election, Cuomo outlawed fracking in the state. Cuomo, who is the ex-brother-in-law of Kennedy, has so far not taken a position on the pipelines. His environmental agency says it will review the pipeline permits and make a decision based on “sound science.”

The Democratic candidates for president voiced their views on fracking in a March 6 debate on CNN. Clinton told Anderson Cooper that she supports fracking only when local governments approve, when companies reveal what chemicals they are using in the fracking fluids, and if they can prove they are not polluting the water or the land.

“By the time we get through all of my conditions, I do not think there will be many places in America where fracking will continue,” Hillary said.

Sanders’ answer:

“My answer is a lot shorter,” Sanders said. “No, I do not support fracking.”

For Walter Hang, an Ithaca-based fractivist with the group Toxics Targeting, says that’s not enough. He says while Sanders’ positon on fracking is much more to his liking than Clinton’s, he wants to know more about the related pipeline debate and is conducting a petition drive.

“These candidates have to spell out their positions much more clearly,” Hang said. “They’re sophisticated, they’re knowledgeable and they need to know what’s going on before they cast their votes on April 19.”

Tensions over the issue were highlighted recently when a Greenpeace supporter questioned Clinton at a rally in New Paltz about donations from fossil fuel companies. She displayed frustration, saying she was “sick” of Sanders supporters lying about her record. The Greenpeace member was not connected with the Sanders campaign.

Hang and other fractivists are planning to hold demonstrations outside Clinton and Sanders events in New York over the next couple of weeks as the primary date approaches.

‘Fractivists’ Increase Pressure on Hillary Clinton and Bernie Sanders in New York

04/04/16





A nasty row that erupted between Hillary Clinton and Bernie Sanders over oil and gas industry donors last week is catapulting the issue of climate change into the race for the Democratic presidential nomination as it moves to New York, where an army of activists upstate is driven by opposition to drilling.

Mrs. Clinton has moved steadily left on the issue, under pressure from Mr. Sanders and his progressive allies, but she continues to come under assault, posing new challenges for her as the race moves to more liberal Northeastern states.

Last week, her mask of composure slipped when she angrily replied to a Greenpeace activist in Purchase, N.Y., “I am so sick of the Sanders campaign lying about me.”

Climate change is a powerful issue for voters in the Democratic base almost everywhere. But it has especially inspired grass-roots progressives in upstate New York, who fought — and won — a yearslong battle against fracking for natural gas.

Even after Gov. Andrew M. Cuomo banned fracking statewide in 2014, many activists — who call themselves fractivists — remain on the front lines of climate fights, and many are skeptical about Mrs. Clinton because of views she held in the Obama administration and earlier, as a New York senator from 2001 to 2008.

Concerned about her prospects upstate, she plans a heavy schedule of campaigning in the region before the April 19 primary, realizing she can no longer count on voters there as confidently as when she earned their support in her two Senate races, when she focused largely on economic issues.

“We now have literally thousands of fractivists who are battle-tested, who understand the politics of these issues,” said Walter Hang, an activist in Ithaca, N.Y. “And they have zero inclination to give away their vote without firm commitments.”

Both the Clinton and Sanders campaigns are said to have studied the progressive Democratic primary challenge to Mr. Cuomo two years ago by Zephyr Teachout, an unknown law professor who won a surprising 33 percent by challenging Mr. Cuomo from the left, partly by highlighting her staunch opposition to fracking.

Ms. Teachout carried counties on the Pennsylvania border and in the Finger Lakes region, where grass-roots anti-fracking groups mobilized voters.

The fracking battle is over, but the activism remains. Mrs. Clinton’s supporters are frustrated that climate activists are skeptical after she rolled out an ambitious renewable energy plan last year, more aggressive than Mr. Obama’s Clean Power Plan.

On Sunday, Mrs. Clinton defended her record on climate issues in Congress and as secretary of state, and said the Sanders campaign’s claims had been debunked. “I feel sorry sometimes for the young people who, you know, believe this,” she said on NBC’s “Meet the Press.” “They don’t do their own research.”

Since the start of the campaign, Mrs. Clinton has moved strikingly to the left on climate issues, including opposing the Keystone XL pipeline, offshore drilling and, indeed, most forms of fracking, a drilling technique also known as hydraulic fracturing.

In a debate last month in Flint, Mich., she said she would severely regulate fracking.

“By the time we get through all of my conditions,” she said, “I do not think there will be many places in America where fracking will continue to take place.”

But Mr. Sanders, a self-described democratic socialist, had a snappy retort: “My answer is a lot shorter. No, I do not support fracking.”

The absolutism of Mr. Sanders’s position on this and other climate issues — as well as the fact that Mrs. Clinton arrived at her views under pressure from the left — has made many activists mistrustful of her and supportive of Mr. Sanders.

Alarmed by reports of potentially catastrophic polar ice melting and other disruptions, many environmentalists believe only a rapid transition to renewable energy is acceptable.

“We’re in the middle of a climate emergency, and have to keep all the fossil fuels in the ground,” said Sandra Steingraber, a scholar in residence at Ithaca College and an activist who supports Mr. Sanders. “Hillary Clinton has definitely shifted her positions. Whether she shifts them again should she become the Democratic candidate in a general election and softens them, that’s the question I hear people wondering about.”

As secretary of state, Mrs. Clinton pioneered a program to promote fracking around the world, as a way to encourage the use of cleaner-burning natural gas and to reduce Russia’s political leverage from its huge gas resources.

Fracking involves pumping water and chemicals deep in the ground under high pressure to blast rock and release gas or oil. The technology unleashed a United States energy boom beginning a decade ago, including the conversion of many coal-fired power plants to cheaper — and cleaner — gas.

Natural gas provides 33 percent of the nation’s electricity, up from 18 percent in 2005, according to the United States Energy Information Administration.

Mr. Obama has championed natural gas as crucial to his Clean Power Plan, seeking to cut by a third greenhouse emissions used to generate electricity by 2030.

Many energy analysts say that an outright ban on fracking, before wind and solar power are feasible at scale, will drive the country back to coal.

“Why not use a relatively clean fuel that’s low cost until it’s not needed,” said Alan Krupnick, a senior fellow at Resources for the Future, a nonpartisan research group in Washington.

He said Mr. Sanders’s call for an outright fracking ban, and Mrs. Clinton’s support for regulations so tough drilling would largely cease, were both unrealistic because most fracking is regulated by states, not Washington.

Mrs. Clinton’s step back from fracking is just one of several reversals on energy and environmental issues she has made since coming under pressure from progressives. Her decision to oppose the Keystone XL pipeline came in September, after she had avoided the issue repeatedly over the summer.

Her position on offshore drilling has also evolved. As secretary of state, Mrs. Clinton was asked to comment on an Interior Department proposal to expand offshore drilling in the Arctic Ocean and in the Gulf of Mexico. In a January 2012 letter, provided to The New York Times by the Republican National Committee, she wrote to the interior secretary, Ken Salazar, that the State Department had no comments to offer on the plan.

Now, as a presidential candidate, she has been a vocal opponent of offshore drilling. Last year, after the Obama administration moved forward with plans on new drilling in the Arctic and off the southeastern Atlantic coast, Mrs. Clinton came out against the plans, a move that was seen as an effort to court the progressive wing of her party.

The spat between the two campaigns over donations from the oil and gas industry, which quickly overheated last week, came as polls have tightened in New York, which Mrs. Clinton once led by a large margin.

On Friday, Mr. Sanders demanded that Mrs. Clinton apologize for accusing his campaign of lying by saying she took large sums from fossil fuel donors.

According to the Center for Responsive Politics, the Clinton campaign has received about $308,000 from individuals who work for oil and gas companies, less than 1 percent of her total donations.

The Sanders campaign points to a Greenpeace analysis claiming that in addition, oil and gas lobbyists directed more than $4.5 million to her campaign and to a “super PAC” supporting her.

But the lobbyists represent numerous industries, not just oil and gas, and the suggestion of a quid pro quo is shaky: Mrs. Clinton has pledged to end subsidies to the fossil fuel industry to pay for her ambitious climate plan.

Although fracking and other climate issues may sway primary voters in New York, they seem less likely to in the next delegate-rich state to vote, Pennsylvania, which has a large fracking industry developed under former Gov. Ed Rendell, a Democrat. Last month in Ohio, which has also benefited from the energy boom, Mrs. Clinton easily defeated Mr. Sanders

Republican candidates have promised to make Democrats’ tough stands against fossil fuels an issue in November. Donald J. Trump has said he can win New York as the Republican nominee because of the economic cost of the fracking ban, which he opposes. Last month he said that thanks to fracking, people across the border in Pennsylvania drove around in Cadillacs.

Audit says N.Y. pipeline oversight is lax

03/31/16












With the federal government relying on state regulators as "the first line of defense" in ensuring the safety of natural gas pipelines, New York's Department of Public Service must provide better oversight of the 91,181 miles of transmission infrastructure, an audit has determined.

The audit from the office of state Comptroller Thomas DiNapoli found that from 1995 through 2014, New York had 194 pipeline "incidents," resulting in 23 fatalities, 123 injuries and $77 million in property damage.

The audit concluded that the Department of Public Service, the staff arm of the Public Service Commission, relies on information it gets from pipeline operators when it makes field visits, but does not verify that information.

The state regulators have also not set up a process for identifying instances where operators fail to notify them of incidents as required, the audit said.

In a third criticism, the auditors wrote that that Department of Public Service "does not perform analyses of all available data to better identify potential high-risk areas."

The report called attention to the March 2014 gas explosion that rocked the East Harlem neighborhood of New York City, killing eight people and injuring 70 more. The audit said federal investigators subsequently determined that the state DPS "had not adequately utilities to ensure operators who were fusing pipelines were properly qualified."

Since the Comptroller's audit, the state regulators have revised its plan to ensure its evaluations of pipeline operators at intervals that do not exceed five years and will include reviews of training, testing and on-site field evaluations, the report said.

While the new audit pointed out that the regulators have conducted all inspections required and followed up on violations, it suggested that it could do a better job incorporating data from outside sources "to better predict high risk areas in an effort to prevent incidents."

A Public Service Commission spokesman, James Denn, said the audit confirms the department has been fulfilling all requirements.

"We are proud of the fact that New York’s gas safety regulations are among the most stringent and best in the nation," Denn said. "With monitoring efforts even more stringent than federal requirements, we have a ‘best-in-class’ safety program in this critical industry."

Denn added: "This months-long state audit found us fundamentally in compliance with our oversight of the utilities’ maintaining public safety."

Walter Hang, an anti-fracking activist and founder of the Ithaca research firm Toxics Targeting, said the comptroller's report should be seen as further evidence that state agencies are not prepared to allow further expansion of gas infrastructure, such as the proposed Constitution Pipeline and Northeast Energy Direct pipeline projects.

"This echoes what thousands of citizens are telling Gov. Andrew Cuomo: to deny the Section 401 Water Quality Certificate" now being sought by the Constitution Pipeline planners, Hang said.

Both the Constitution Pipeline and NED would cut through Delaware and Schoharie counties, running just east of Interstate 88.

An advocate for the gas drilling industry, Marcellus Drilling News, slammed the comptroller's audit, contending the report was biased and lacked context by failing to delve into the number of railroad incidents and bridge accidents that have taken place during the time frame examined for pipeline incidents.

"When you stack up pipelines against any other form of transportation, pipelines are the safest mode of transport — by far," Marcellus Drilling News said on its web site.

Constitution Pipeline controversy following state safety audit

03/30/16

(WBNG Binghamton) A local environmental database firm is asking Gov. Andrew Cuomo to stop construction of the Constitution Pipeline after New York State Comptroller Thomas DiNapoli released a new Pipeline Safety Oversight Audit Tuesday.

Toxics Targeting President Walter Hang said the audit should convince Governor Andrew Cuomo to stop the Constitution Pipeline Project in its tracks.

"You have to face the reality that New York does not have an effective means of preventing these pipeline disasters or cleaning them up to state standards," said Hang.

The audit found between 1995 - 2014, New York had 194 pipeline incidents which resulted in 23 fatalities, 123 injuries and $77 million in property damage.

Constitution Pipeline Spokesman Christopher Stockton told Action News the project is proposing a transmission pipeline. He said transmission pipelines are less hazardous than other pipelines.

"Transmission pipeline incidents are extremely rare," said Stockton. "The majority of those incidents which are noted relate to the smaller diameter pipes that service peoples' homes and businesses. The transmission pipelines are actually the safest way to transport energy, and incidents on transmission pipelines are much more rare."

But Hang argues that when there is a pipeline incident, the state doesn't do enough to ensure proper clean-up is done.

"You can see according to the state's own data in many cases these massive contamination releases simply never get cleaned up to state standards," said Hang.

In order to proceed, the Constitution Pipeline must receive a Water Quality Certification.

"If the Governor denies that section 401 Water Quality Certification, the Constitution Pipeline Project would be killed dead," said Hang.

Stockton said the company is optimistic it will receive the certification by the end of April.

Hang said if Cuomo does not grant the certification before the end of April, the Federal Energy Regulatory Commission may do so.

The Constitution Pipeline project has been designed with safety as a cornerstone," said Stockton. "We are committed to maintaining the highest standards of safety, utilizing construction and operational procedures that exceed already stringent industry regulations."

Stockton said the regulations include:
· Pipe will be monitored 24 hours a day, 7 days a week with remotely operated shut-off valves
· Installing thicker steel pipe than required by industry regulations
· More frequent inspections than are required by law, including regular inspections with highly-sophisticated internal inspection tools
· Inspection of the integrity of 100 percent of the welds on the pipeline

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