To: Nebraska Easement Action Team Officers and Directors From: David A. Domina
until approved for Release by NEAT Board. (See ¶ 29) Date: February 9, 2014 Re: Confidential. Brief Review of 1/31/14
Final Supplemental Environmental Impact Statement
, Keystone XL Project, U.S. Department of State.
The U.S. State Dept.’s Final Supplemental Environmental Impact Statement (EIS or Report) on the TransCanada Keystone Pipeline LP
application for a Presidential Border Crossing Permit for its proposed pipeline is out. The Report was issued January 31, 2014. The proposed structure would transport tar sands oil from northwestern Alberta to the Gulf of Mexico for refining there, or along the way, and for export when refined. The State Dept. Study’s project manager is Genevieve Walker, 2201 C Street NW, Room 2726, Washington DC 20520. Cooperation in the EIS came from ten (10) federal agencies or sub-agencies, one assisting federal agency, and various state and local agencies, including the Nebraska Dept. of Environmental Quality. The EIS is found in eleven (11) volumes, including appendices.
These general comments provide overview from a quick reading; they are not exhaustive. The EIS is issued to evaluate proposed project compliance with the National Environmental Protection Act.
section recites that TransCanada’s first application was filed 9/19/08. This Section notes previous “concerns over the environmentally sensitive Sand Hills Region of Nebraska”. It recites that a special session of the Nebraska Legislature was called to deal with the subject in Nebraska, but it details no results of the State Legislature’s action. This EIS does not recite that the action taken by the Special Session was later undone by the Legislature in LB1161. It does not note that a serious challenge to LB1161’s validity is awaiting a judicial decision.
The EIS does not detail who TransCanada Keystone Pipeline LP is, or is owned by. TransCanada is an affiliate of Marketlink, LLC as disclosed by an agency ruling of 7-31-13, by the
Federal Energy Regulatory
(FERC). 144 FERC P 51086, 2013 WL3942992.
Through Executive Order (“E.O.”) 13337, 69 Fed. Reg. 25,299 (May 5, 2004), the President of the United States delegated to the Department of State a narrow measure of his constitutional authority over foreign relations and management of international borders. Specifically, the Department of State makes a national interest determination approving or denying applications for the construction, connection, operation or maintenance of any facility at the border of the United States that involves the exportation or importation of petroleum and other fuels.
NEPA serves the goal of “ensur[ing] that the agency will inform the public that it has indeed considered environmental concerns in its decision making process.”
Baltimore Gas & Elec. Co. v. Natural Resources Defense Council, Inc.,
462 U.S. 87, 97 (1983).