By Brad Friedman on 2/19/2014 12:35pm PT
I
may or may not be able to blog for a few days, as I'll be on the road
for a bit. (No, the police are not after me. Yet. Just need to take care
of some outta state bidness.)
Please talk amongst yourselves until I return...No fighting, or I will turn this car right around.
A couple of things to not fight about: If you missed my story yesterday here at The BRAD BLOG on the Sunday "news" shows' shameful "debate" about climate change, Salon is re-running it today.
If you'd like to hear my 30 second version/re-enactment of pretty much everything you need to know from David Gregory's shameful Meet the Press climate change "debate" on Sunday's show, listen to yesterday's 5th Anniversary Green News Report.
Also, this investigative report by Inside Climate News, Center for Public Integrity and the Weather Channel is a blockbuster on the unreported air quality health hazards of the massive fracking boom now taking over much of Texas; the state's hard work to not notice or report it to the public; and the seemingly rotten-to-the-core corruption of the Lonestar State's public officials and agencies who are supposed to be regulating it all and keeping its citizens safe from these types of catastrophes.
This chart from the year-long investigative study offers an idea of just how upside down --- in favor of the oil and gas companies and against the citizenry --- that the Texas system has become...
Back, hopefully, soon! (As ever, tips for road money are tremendously appreciated and very much needed!)
Please talk amongst yourselves until I return...No fighting, or I will turn this car right around.
A couple of things to not fight about: If you missed my story yesterday here at The BRAD BLOG on the Sunday "news" shows' shameful "debate" about climate change, Salon is re-running it today.
If you'd like to hear my 30 second version/re-enactment of pretty much everything you need to know from David Gregory's shameful Meet the Press climate change "debate" on Sunday's show, listen to yesterday's 5th Anniversary Green News Report.
Also, this investigative report by Inside Climate News, Center for Public Integrity and the Weather Channel is a blockbuster on the unreported air quality health hazards of the massive fracking boom now taking over much of Texas; the state's hard work to not notice or report it to the public; and the seemingly rotten-to-the-core corruption of the Lonestar State's public officials and agencies who are supposed to be regulating it all and keeping its citizens safe from these types of catastrophes.
This chart from the year-long investigative study offers an idea of just how upside down --- in favor of the oil and gas companies and against the citizenry --- that the Texas system has become...
Most of the Keystone XL chatter these days is about the U.S. State Department fantasy that tapping the tar sands of Canada will be a benign blessing for America and the world. But almost no one mentions the Texas Supreme Court case that could shut the pipeline down completely – since a court ruling for the appellant could mean that the pipeline was built on property to which the pipeline owner had no rights.
If completed, the 1,700-mile Keystone pipeline is intended to bring highly-polluting tar sands oil from the Canadian tar sands to the Texas Gulf Coast, where much of it will likely be refined and shipped overseas. There is no dispute that tar sands oil (or dilbit) is a pollutant that contributes exorbitantly to climate change, but there is debate as to whether burning this oil will be more harmful to the planet than the extraction process itself in the oil pits of Northern Alberta (as in “Game Over for the Climate.”).
At issue in the Texas case is the TransCanada southern section of the pipeline, which is already built, but may be located on land to which the TransCanada corporation has no legal right. That’s the argument of the Crawford Family Farm Partnership in its 25-page petition filed with the Texas Supreme Court on November 4, 2013. The first response from TransCanada was to ask the court for a waiver from responding, in effect asking to close the case immediately.
But the Texas Supreme Court did not grant that waiver and, on January 7, 2014, ordered TransCanada to file a response by midnight on February 6 (which it has done).
Julia Trigg Crawford, in a press release for the Crawford Family Farm Partnership, characterized the court’s action as “a clear victory for pipeline opponents and landowners fighting TransCanada’s overreach on property rights.” As victories go, this one is pretty limited, since all it means is that TransCanada has to make its case to the court. The court could still rule for TransCanada, as lower courts have in the past.
Eminent domain ruling could save the planet, is that ironic?
This is an eminent domain case, not an environmental case. TransCanada used the state’s eminent domain law to take land from the Crawford Family Farm (and others from Oklahoma to the Gulf Coast) to use as the pipeline route. This corporate use of state power by a private, foreign corporation was allowed by the Texas Railroad Commission, which has an unsavory history of its own. Julia Trigg Crawford has been fighting this issue in court since 2012, losing peremptorily at the local trial court in Lamar County and again at the 6th Court of Appeals.
As the Crawford Family Farm press release explained it: “At the heart of Crawford’s case is the ability of TransCanada, a foreign corporation, to use eminent domain under the state’s ‘common carrier’ clause since their pipeline transports 90% Canadian tar sands and 10% North Dakota oil. There is no on ramp for Texas oil therefore violating the definition of a common carrier under Texas law.”
According
to Texas custom, all one has to do to become a common carrier – and
thereby be able to wield eminent domain power – is to check a box on a
form provided by the Texas Railroad Commission, which then says OK, bud
go get ‘em! No proof required, no evidence requested, no fact check
made, no hearing held, no questions asked. Check the box and you’re it.
The appeal, formally THE CRAWFORD FAMILY FARM PARTNERSHIP v. TRANSCANADA KEYSTONE PIPELINE, L.P., (docket no. 13-0886), argues that: “TransCanada is not a common carrier with statutory eminent domain authority and cannot condemn appellant’s property because it cannot subject itself to the provisions of Texas Natural Resource Code, Chapter 111…. Therefore, the court lacks subject matter jurisdiction, and the trial court’s orders denying appellant’s plea to the jurisdiction and granting TransCanada’s motions for summary judgment must be reversed.”
The appeal relies in part on a Texas Supreme Court precedent known as “Denbury” (Officially, TEXAS RICE LAND PARTNERS, LTD. AND MIKE LATTA, PETITIONERS, v. DENBURY GREEN PIPELINE-TEXAS, LLC, RESPONDENT, docket no. 09-0901) decided unanimously on August 26, 2011, in which the entire conclusion stated:
“Private property is constitutionally protected, and a private enterprise cannot acquire condemnation power merely by checking boxes on a one-page form. We reverse the court of appeals’ judgment, and remand this case to the district court for further proceedings consistent with this opinion.”
State Dept. tilts toward parochial profit, shrugs off global pain
Meanwhile the 105-day comment period on the State Department’s fraudulent environmental report is running, and it’s not clear whether the Texas court will act within that time. Wait, “fraudulent” report? Well, based on early reporting, the report is:
Intellectually fraudulent: by assessing just the pipeline element of the tar sands nexus, the report can’t possibly be meaningful. It’s like assessing an elephant based on only its left foot. When the report says, “the proposed Project [pipeline] is unlikely to significantly affect the rate of extraction in oil sands areas (based on expected oil prices, oil-sands supply costs, transport costs, and supply-demand scenarios)” – that translates into meaning something like: “Canada’s going to screw the world no matter what, so we might as well get our piece of the action.” In other words it’s an environmental report that takes no full account of the environment.
Procedurally fraudulent: according to Friends of the Earth, “the U.S. Department of State issued its long-awaited environmental review of the Keystone XL pipeline. The report was written by a dues-paying member of the American Petroleum Institute that lied on its conflict of interest disclosure form.”
Politically fraudulent: first clue, they released it late on a Friday. The main talking point was “it’s not a decision document,” but it raises no significant barrier to approving the pipeline. And the official reaction of TransCanada:
“We’re very pleased with the release and about being able to move to this next stage of the process. The case for the Keystone XL, in our view, is as strong as ever.”
TransCanada is right, the case for the pipeline is as strong as ever – which in the view of opponents was never very strong in the first place. And last spring, President Obama promised he would only approve Keystone if it “does not significantly exacerbate the climate problem.”
Well, that’s what the report says. And we’ve seen this shuck and jive before, less than a year ago. Mission accomplished?
Or will Texas take a cue from Nebraska?
Reader Supported News is the Publication of Origin for this work.
http://www.globalresearch.ca/keystone-xl-vs-lethal-love-star-threat-texas-supreme-court-poised-to-save-planet/5370060
http://www.texomacore.org/Keystone-XL-PIPELINE.html
Warren Buffett buys oil sands producer Suncor - Aug. 15, 2013<<
money.cnn.com/2013/08/15/news/.../buffett-oil-sands/
Aug 15, 2013 - Warren Buffett just injected himself into one of the hottest ... Suncor to help ensure a steady supply of oil for his BNSF railroad to move. ... oil sands producers, said David McColl, an oil analyst at Morningstar. ... 0 points, Houston, TX, APR 3.125% · 5/1 ARM, 0 points, Houston, ..... Textbook Rockefeller move.
CNNMoney.com
photo WARREN BUFFET young man with very shifty eyes, can't publish w/o the image jumping the monkey make-UP via $$$, shall get image published soon again!
[sidebar:
Warren Buffett has never cleared the FRANKLIN SCANDAL: BU$H CRIME FAMILY. ET AL. The/a ORACLE OF OMAHA? Deeply involved in every SCAM that has been in the U$A involving the criminals that call themselves CORPORATIONS, MULTINATIONALS, TRANSNATIONALS. How did this conglomerate get so GD Big!?
Insurance is a scam. The TOP SO CALLED 'LEADERS' OF AMERICA: Rockefellers, Buffetts, Bushes, Gates, Soros, ET AL, are part of the $$$ (Secret Society/ieS) that are known as the GLOBAL PAEDOPHILIA CULT. And indeed, we can now say the proof has not been other than what forensic evidence proves.
AIG in CHINA and what do we get in America? Chinese own far too much due to the criminals that thought they could continue to hide the insanity of a ONE WORLD GOV BIG GOV.
China and Russia as the slave owners now, U$A broke back gender bent paedophilic drug addict too many in not a minority!
... to be continued ...]
[sidebar:
Warren Buffett has never cleared the FRANKLIN SCANDAL: BU$H CRIME FAMILY. ET AL. The/a ORACLE OF OMAHA? Deeply involved in every SCAM that has been in the U$A involving the criminals that call themselves CORPORATIONS, MULTINATIONALS, TRANSNATIONALS. How did this conglomerate get so GD Big!?
Insurance is a scam. The TOP SO CALLED 'LEADERS' OF AMERICA: Rockefellers, Buffetts, Bushes, Gates, Soros, ET AL, are part of the $$$ (Secret Society/ieS) that are known as the GLOBAL PAEDOPHILIA CULT. And indeed, we can now say the proof has not been other than what forensic evidence proves.
AIG in CHINA and what do we get in America? Chinese own far too much due to the criminals that thought they could continue to hide the insanity of a ONE WORLD GOV BIG GOV.
China and Russia as the slave owners now, U$A broke back gender bent paedophilic drug addict too many in not a minority!
... to be continued ...]
Amid U.S. Oil Boom, Railroads Are Beating Pipelines in Crude ...<<
www.businessweek.com/.../amid-u-dot-s-dot-oi...
Jun 13, 2013 - ... more crude than at any time since the days of John D. Rockefeller's Standard Oil. ... 2 rail company, which Warren Buffett bought in 2010, is now ... Hauling crude can sometimes be more lucrative; according to David Vernon, ... Texas, Colorado, and Louisiana, and one to be built in Bakersfield, Calif.
Bloomberg Businessweek
David Rockefeller, Jr. - Wikipedia, the free encyclopedia<<
en.wikipedia.org/wiki/David_Rockefeller,_Jr.
He is the eldest son of David Rockefeller and Margaret "Peggy" McGrath. ... and with the moral support of Warren Buffett - in signing a petition to urge the United ...
Wikipedia
Missing: texas railroad
Warren Buffet, 9/11 & Fiduciary Trust
The Wyly Brothers, sponsors of the Swift Boat Vets for Truth group, are key suspects in the Comair crash, IMHO, which has a number of links to 9/11. At least two of victims of the crash have ties to Five Star Trust, a highly-illicit offshore trust established in the Isle of Man, managed by the Wyly brothers – the source of funds for vote-rigging in the past two presidential elections, and those stupid ads about John Kerry. (More to come on all of this.)
This set of research summaries link the Veterans for “Truth” to Buffet and Co., Buffet to Bush and 9/11.
http://demopedia.democraticunderground.
com/index.php/Fiduciary_Trust_Company_
International
>> http://www.constantinereport.com/comair-crash-warren-buffet-five-star-trust-fiduciary-trust-thomas-kean-911-howard-hughes-medical-institute-swift-boat-veterans-for-truth/
Comair Crash: Warren Buffet, Five Star Trust, Fiduciary Trust, Thomas Kean, 9/11, Howard Hughes Medical Institute, Swift Boat Veterans for “Truth” September 23rd, 2006
Warren Buffet, 9/11 & Fiduciary Trust
The Wyly Brothers, sponsors of the Swift Boat Vets for Truth group, are key suspects in the Comair crash, IMHO, which has a number of links to 9/11. At least two of victims of the crash have ties to Five Star Trust, a highly-illicit offshore trust established in the Isle of Man, managed by the Wyly brothers – the source of funds for vote-rigging in the past two presidential elections, and those stupid ads about John Kerry. (More to come on all of this.)
This set of research summaries link the Veterans for “Truth” to Buffet and Co., Buffet to Bush and 9/11.
http://demopedia.democraticunderground.
com/index.php/Fiduciary_Trust_Company_
International
>> http://www.constantinereport.com/comair-crash-warren-buffet-five-star-trust-fiduciary-trust-thomas-kean-911-howard-hughes-medical-institute-swift-boat-veterans-for-truth/
Extraordinary Writs were what the PETITIONERS' filed, Magna Carta is being turned on the ignorance isn't bliss formula!
ReplyDeleteWARREN BUFFET & THE RAILROADING OF AMERICA THE SECOND TIME AROUND? Ask the Rockefeller Cult of No Healthy Boundaries Whatsoever.
ReplyDelete