News

Newsletter, March 19th: Events Calendar

Newsletter, March 6th: Program Calendar

Newsletter, February 24, 2013: 4 Mad Hot Pipeline Stories!

Newsletter, February 4, 2013: Reportback on Budget Hearing, Update on Lawsuit

Newsletter, Jan 30, 2013: This is IT.

Newsletter, Jan. 25, 2013:
Spectra Pipeline Having a Media Moment!

Newsletter, Dec. 19, 2012:
Report back on HRPT hearing and Year-End Celebration

Newsletter, Dec. 6, 2012:
Report back on CB2 meeting

Newsletter, Dec. 2, 2012:
It Ain’t Over. 

Newsletter, Nov. 29, 2012:
Talk About Getting It From All Sides!

Newsletter, Nov. 5, 2012:
The Flood, The Fires, and Natural Gas

Newsletter, Oct. 22, 2012:
FERC denies Rehearing on Spectra

Newsletter, Aug. 28, 2012:
Albany Rally Report-Back

Newsletter, Jun. 24, 2012:
Brooklyn Pipeline Looms

Video: How Climate Change Could Affect Obama’s Second Term Agenda

Manik Roy discusses the Tar Sands, Carbon Tax, regulations for gas industry.

Spectra Construction Shut Down a Third Time

Oct. 26, 2012: The Village Voice and The Daily News reported that a lone activist spontaneously decided to chain himself to equipment at the Spectra pipeline construction site, shutting down work for approximately 2 hours. This action comes after the September 7th arrest of two activists who refused when police requested them to remove themselves from the path of a backhoe; and the September 12th arrest of 6 activists, who used hard and soft locks to shut down work. These arrestable actions are in addition to the almost non-stop campaign by Occupy the Pipeline, a citizen group which has led marches, rallies, and dozens of creative actions to protest the pipeline, including a skeleton march, a singing telegram delivered to the FERC offices (to the tune of “Yellow Submarine,” the group sang, “We all know you’re a rubber-stamp machine”), and a naked green Butoh action, covered by Naomi Wolf in The Guardian.

Video: September 12th, 6 Protestors arrested

Hudson River Park Trust Sued Over Pipeline

Sept. 5, 2012: As reported in The Daily News, Sane Energy Project was joined by 5 enviro and community groups in seeking an emergency restraining order to halt construction of the Spectra pipeline.  Petitioners include Food and Water Watch, NYC Friends of Clearwater, NYH20, Village Independent Democrats, United for Action, and several residents of the West Village. The suit maintains that the HRPT violated the terms of its charter and several environmental regulations by granting an easement to Spectra Energy for the Gansevoort Peninsula. Construction on the peninsula continues as petitioners await a ruling on the case, due on Sept 18th.

Petitioners are represented by Jeff Zimmerman, a noted environmental rights lawyer and one of the few who have won a case against FERC; Richard Lippes, an environmental lawyer who frequently represents the Sierra Club; and Yetta Kurland, renown civil rights lawyer, activist, and West Village resident.

New Pipeline Groups Form

How urgent is the fight against pipelines? It may be demonstrated by the flurry of opposition groups coming together to fight pipelines all over New York State:

OWS has been organizing a near-constant presence at the Spectra site, as well as marches, rallies, teach-ins and leafletting. Stay in touch at Occupy the Pipeline or attend weekly meetings 7pm Wednesday nights at the Brecht Forum. Check in through twitter @SpeakOWS or simply put in the hashtag #SpectraShowdown.

Opponents to the Gateway pipeline have formed CARP (Coalition Against the Rockaway Pipeline). Check in with them on the web or Facebook. Upcoming actions are planned for Labor Day weekend.

Multiple fracktivist groups are fighting the Williams pipeline in upstate New York, and a new facebook group, Stop the Constitution Pipeline posts news, updates, and alerts.

Quinn Petitioned for Radon Hearing a Second Time

On July 30th, Damascus Citizens for Sustainability, along with 16 Block Associations, multiple businesses, residents, and politicians, including Manhattan Borough President, Scott Stringer, repeated their request to City Council Speaker Christine Quinn to hold a public hearing examining the dangers posed by radon in Marcellus Shale gas, should it be delivered to NYC via projects such as the Spectra, Rockaway and other pipelines, as currently planned. Speaker Quinn had not responded to the original call for hearings, presented a month earlier. Read the full story and see the letter, list of original and additional signers (including Sane Energy Project) here.

Feds Fine Spectra more than $134,000

Posted on July 12, 2012

Natural Gas Watch reports that the federal Pipeline and Hazardous Materials Safety Administration (PHMSA) has cited Texas Eastern Transmission, a subsidiary of Spectra Energy, for seven serious safety violations, including failure to monitor its pipeline for corrosion and failure to control for corrosion.

This latest citation is the fourteenth time that PHMSA has cited Texas Eastern for pipeline safety violations since January 2006. Six of those 14 instances have included citations related to failure to control pipeline corrosion, and Texas Eastern has paid more than $4 million in fines in connection with those violations.
Full story here.

Despite these violations, Spectra maintains the NJ-NY Expansion line, which will run under Jersey City and into Manhattan’s West Village and be built by Texas Eastern, will be monitored daily.

Second Spectra Pipeline Rupture in One Week

Posted on June 30, 2012

Spectra ”safety is our first concern” Energy Corp. experienced a pipeline rupture in St. John, British Columbia just five days after a previous incident, according to theWashington Post. The June 28th rupture followed a June 23rd leak and flash fire at a nearby Spectra compressor station, which injured two workers. British Columbia has not had a very pleasant history with Spectra. According to Spectra Energy Watch, their Pine River natural gas processing plant was the number one polluter in 2009, and Spectra also took the number three position with the company’s Fort Nelson plant, releasing a reported 1 million tonnes of annual greenhouse gas emissions.

But is Spectra really any worse than any other pipeline builder? After all, Williams Transco, which seeks to build an equally large, high-pressure gas pipeline in theRockaways and south Brooklyn, experienced both a leak and a compressor station explosion within one month’s time just this past April. While Spectra ranks number 7 on the EPA’s list of top penalties assessed, and was responsible for the major Steckman Ridge blowout, Williams has been under a federal corrective order for 44 of the past 45 months, according to documents sourced by Natural Gas Watch. Quite the pair.

The truth is that America’s 2.5 million miles of pipelines are dangerous, inadequately regulated and maintained. As the New York Times reports, “the Pipeline and Hazardous Materials Safety Administration (PHMSA) is chronically short of inspectors and lacks the resources needed to hire more, leaving too much of the regulatory control in the hands of pipeline operators themselves.” Remapping Debate notes that just 7 percent of natural gas lines are subject to mandatory inspection under the 2002 safety rules (before 2002, pipelines were not subject to any mandatory safety inspections) and the approximately 88 auditors nationwide review industry-supplied reports and conduct some field inspections (roughly one per month per inspector based on the average annual total). No wonder the federal panel which investigated the San Bruno explosion deemed the accident “a failure of the entire system,” noting that the pipeline operator “exploited the lack of monitoring by regulators, who mistakenly placed ‘blind trust’ in the utility.”

When it comes to Spectra and Williams, we have to admit, trust is not something that comes to mind.

HRPT Approves Spectra Easement

A disgraceful display of influence over intelligence reigned at the June 18th HRPT board meeting. One observer who was present filed a report:

The Hudson River Park Trust Board of Directors heard a presentation by Spectra, Con Ed, and the Mayor’s office at their 11am Monday morning meeting. The large number of public comments against the proposal was duly noted. At the end of the presentation, the board voted against granting a 30-year license agreement to the Spectra Pipeline.

Chair Diana Taylor realized what had happened and admonished the board about how serious this project is and then a roll call vote was requested. Pam Frederick, one of the Borough President’s appointees, switched her “no” to a “yes” vote and the agreement was approved 8 to 2. (Taylor thanked Frederick.) The two who remained in opposition were the BP’s other appointee, Larry Goldberg, and one gubernatorial appointee, Paul Ullman.

When Goldberg brought up the issue of “natural gas worries” during the presentation, the Spectra reps responded that probably 10 percent of the gas delivered by the pipeline would be fracked, but that it would be hard to tell because the gas would be coming from different places. Then Chair Taylor said, “This is not the right forum for this issue,” thereby ending any discussion of fracking.

The rationale Cas Holloway presented for the pipeline was that “gas is cleaner” than No. 6 oil. This statement conflicts with statements made by a “Clean Heat” expert at a recent Green Homes NY presentation that “low-sulfur #2 oil creates less particulate matter than gas.” Another mayoral rep at the HRPT meeting said that peak gas demand exceeds utility pipeline capacity and that boiler conversions will increase the demand for gas–if 50% of bldgs converted, peak demand would increase 29%. (Of course, only 1% of buildings are required to stop using number 6 oil, and they are not required to switch to gas.) Contrasting with the Howarth Cornell University study, which shows that the GHG lifecycle footprint of gas is worse than coal or oil, he claimed that greenhouse gas lifecycle emissions were 20% better with gas than the alternatives of 6, 4, 2 oils.

In answering questions from board member Paul Ullman, Project Director Ed Gonzalez and Christian di Palermo from Spectra discussed safety issues. Ullman asked and ascertained that no relative risk assessment had been done with respect to the park.  He asked specifically if Spectra had considered an explosion; they responded that pipelines are safe and that there’s “enhanced safety here.” Holloway said that the FDNY and police will have plan in case of an accident; Ullman wanted to know about planning PRE-explosion.  Gonzalez repeated the usual litany of the thickness of the pipe wall, the amount of pressure, monitoring and maintenance.

The public was not allowed to speak during the meeting. No one presented any reasons to oppose the pipeline. No one mentioned that at least 2/3 of all U.S. gas is fracked, that there is no hospital in the area, or that Homeland Security considers cyber attacks to be a real threat to pipelines. No one objected that the vote had to be taken twice to achieve the desired result. No one objected to the close relationship between the Chair of the board, Diana Taylor, and the Mayor (the latter being the main supporter of this pipeline and the former being his girlfriend).

Albert Amateau of The Villager was the only press there.

Two Spirited Community Meetings

Two meetings downtown bring out the best of community activism: On Tuesday, May 29th, with only a couple of days notice, more than 100 people jammed an emergency meeting called by Sane Energy Project, to discuss FERC’s early approval of the Spectra pipeline. Attorney Jeff Zimmerman presented details about radon and the danger to citizens in all 5 boroughs, and took audience questions. One gentleman exclaimed in disbelief, “How could this happen?” Another couple described how their board was conned into believing that Con Ed would be able to supply them with special unfracked gas (a claim with no anchor in reality, as there is no way to separate gas once it’s mixed in the pipelines, and 80-90% of gas, if not more, is now fracked).

Nearly $3,000 was raised to kickstart the legal war chest–
Thanks to all who participated and gave so generously!
(Much more is needed; click here for info on how to donate.)

On Thursday, May 31st, citizens packed St. Paul’s Church for a hearing on proposed changes to the Hudson River Park Act, which may bring residential or stadium development to the park, and extend or eliminate limits on easements within the park. Though a “greeter” at the door told participants “this is not about the pipeline,” attendees disagreed, using their comment time to call out the Trust for betraying the community with their intention to grant Spectra’s easement (see related story, below). OWS brought their pre-hearing rally inside, dropping banners from the balcony and offering entertaining testimony. One 99%-er expressed the thought that anyone who would consider granting the easement might have a medical condition, and presented the panel with packet of Gas-X, suggesting they eliminate their “bad gas pipeline.”

HRPT Passes the Buck (and takes $2.78 million of them)

The Hudson River Park Trust (HRPT) has released a summary of comments on the proposal to grant Spectra Energy an easement to build its pipeline on the Gansevoort Peninsula, with their responses. Parroting every facile argument made in other sham EIS reviews, the HRPT notes that it “relies upon the review and analysis undertaken in the course of the FERC environmental process as well as that considered by NYSDEC in the course of its consideration of hydro-fracking in considering such comments.”

Their eagerness to grant the easement is clear, despite the overwhelming opposition: 37 oral comments from the public hearing of March 26th, all in opposition; 862 written comments, with 850 in opposition; a resolution from Community Board 2 in opposition; an opposition vote from the HRPT Advisory Council; and forwarded copies of the nearly 5,000 opposition comments filed with FERC and City Council last October. Clearly, more weight was given to the 12 supportive letters filed by the Mayor’s office, Con Edison, the Public Service Commission, the NYC League of Conservation Voters, and the Association for a Better New York (ABNY), whose membership includes Blackrock, Bloomberg LP, Con Edison, and Spectra Energy. As it so aptly says on their website, “For decades, the ABNY name has carried a great deal of weight throughout New York City and New York State. With the support of ABNY, we have helped hundreds of members to move their agendas forward.”

FERC has approved the Spectra pipeline

As expected, based on fEIS statements that the project would have “limited impact,” FERC not only approved the pipeline but apparently bowed to pressure from the Mayor’s office, the Public Service Commission and Con Edison to expedite approval.

Excerpts from the 68-page order can be read here.

Dale Hardman, President of No Gas Pipeline (NGP), responded to the news by saying, “We expected that FERC would rule in favor of Spectra Energy from the start . . . and commented on our site and many times in public . . . that the process was rigged, unreasonable, partially funded by the gas industry and FERC, a swinging door of oil and gas bureaucrats.”

Sane Energy Project will be joining with NGP and other enviro and community groups to initiate a petition for rehearing, the first step in the legal process for those who take issue with FERC’s ruling. Please sign up for our emails to keep up with what’s next. Thanks as always for your advocacy and support.

A Rush to Change the Hudson River Park Act?

An attempt will be made at upcoming meetings to rush through some changes to the Hudson River Park Act. Two likely agenda items: to build residential development or a stadium at Pier 40 and to have the 30-year limit on easements expanded or removed. Since the easement agreement being offered to Spectra violates their current charter, logically, they’ll move to change the charter. We need to prevent that happening before the June legislative session ends.

Madeline Wils, head of the Hudson River Park Trust (HRPT) has said, in print and at the Waterfront Committee meeting which was the last Spectra presentation, that because the Trust is in such dire financial shape they will need to look at more “creative” options and not take the usual amount of time for community input.

Some feel this is a land grab and manufactured hysteria. In a recent article in the Villager, Assembly Member Deborah Glick maintains that any changes require a public hearing with 30 days prior notice and 30 days public comment (as they did for the spectra easement). Holding a hearing and comment period would delay the initiative past the June legislative session. Arthur Schwartz, chair of the waterfront committe, says he’s not sure a hearing is required.

What happens and what questions get asked at the Monday (May 21st) CB2 meeting are important. Please attend, ask the right questions, take notes. The CB2 Waterfront Committee meets at 7pm at Housing Works, 320 W. 13th Street (just west of 8th Avenue, enter near loading docks), fourth floor conference room. (Please note that there will be no vote taken by the committee at that time.)

The HRPT meeting on the 31st is crucial. Please plan on attending, we’ll have updated info soon. The meeting will include a presentation regarding the current state of Park finances, an overview of the Pier 40 Study commissioned to provide ideas about possible development alternatives, and a discussion of possible legislative changes. There will be a Question and Answer session and an opportunity to share ideas about how the Park can best meet its financial challenges.
7pm, St. Paul’s Chapel, 209 Broadway, between Fulton St. and Vesey St. (all trains to Fulton).

Sierra Club files Additional FERC Comments about Radon. (Friday, May 11th) The Sierra Club, together with NoGasPipeline and NJ Food and Water Watch, has filed a supplemental statement with the Federal Energy Regulatory Commission, which includes  a study by Dr. Marvin Resnikoff, Radon in Natural Gas from Marcellus Shale.
Dr. Resnikoff’s study includes detailed calculations on the concentrations of radon in Marcellus shale natural gas at the wellhead, the time required to ship the gas to end-users, the level of dilution to be expected in a typical household, and the potential health effects of releasing radon into end-user’s homes. The study also includes a calculated estimate of the number of lung cancers that could be caused in New York by the use of Marcellus shale gas in the home (up to 30,448 potential deaths).

According to the filing, FERC was earlier made aware of the risks of increased indoor radon levels by interveners, but “has not taken this potentially significant threat to public health and the environment into consideration and given it a ‘hard look,’ as is required under the National Environmental Policy Act [NEPA].” FERC’s position has been that the issue is outside their scope, since the EPA has stated that the primary cause of indoor radon issues is radon from soil gas.

This new filing confirms the need for FERC to investigate the separate issue of indoor radon caused by delivery of Marcellus shale gas to residential cooking and laundry appliances. Unlike soil radon, gas delivered to homes exposes residents to radon from distant sources. One of those sources would be the Marcellus shale, which has wellhead radon concentrations up to 70 times the average.

This is a powerful argument that for FERC to fail to investigate the issue of indoor radon, before making any decision on the Spectra pipeline, would violate its NEPA requirements.

PSC Wants FERC to Rush Approval (Friday, April 27th) 

The release of the final EIS on March 16th triggered a 90-day period within which all consulting agencies must submit their opinion on the Spectra pipeline to FERC, after which its panel of 4 commissioners will decide to approve the pipeline. That set an expected approval date for sometime in June, a date Spectra has been eagerly awaiting, saying at every public hearing they expect to begin construction in June.

Now, the New York Public Service Commission (NYPSC) has filed a letter, requesting FERC commissioners to move the decision up to their May meeting. It’s outrageous that a public agency would so blatantly go to bat for a private corporation.

The PSC is the agency which controls the section of pipe that would run from the vault on Gansevoort Street (next to the basement of the new Whitney Museum) up the West Side Highway to existing Con Ed pipes on 14th Street. That section of pipe is not under FERC review. No drawings have been filed for it, no EIS has been done for it, and no emergency response plan has been proposed. The PSC gives the entire “franchise” over to Con Ed, which basically has carte blanche to build whatever they deem necessary.  As if this were not already a violation of the public trust, now they want to railroad the approval through even faster. We urge all interveners and public officials  to respond to this filing. Comment here referencing docket number CP11-56.

Update on the Spectra Easement

Wednesday, April 25th was the final date to submit comments to the Hudson River Park Trust (HRPT) regarding their plan to issue a 30-year easement to Spectra Energy, which would allow them to build their proposed pipeline on the Gansevoort Peninsula. The financially ailing HRPT will receive $2.7 million from Spectra for the easement, which might sound impressive until one realizes that the safety of an entire neighborhood is being put at risk for the price of, say, a snazzy 2BR condo with river views. The HRPT will issue a decision shortly.

Nearly 1,000 comment letters against the easement agreement were filed by citizens. This was in addition to the nearly 5,000 opposition comments already submitted with FERC and the NY City Council. At this point, one might believe the message would be clear: no one wants this pipeline but Bloomberg.

The March 26th public hearing illustrated the typical sham of public hearings that we are all, by now, familiar with. The Trust was required by law to hold a public hearing, so they did. The degree to which they will take citizen sentiment into account was illustrated when HRPT head, Madeline Wils responded to a question, explaining that if they don’t issue the easement, FERC would take it by eminent domain. In other words, they’ll issue the easement no matter what the public thinks, or how many comments are submitted. Upon confirmation of this, those gathered for the hearing were so disgusted that half the room walked out. Others stayed to provide testimony, and media coverage of the hearing can be viewed by clicking the links below.

Opponents say pipeline will be a disaster, literally | thevillager.com

Down the Pipeline | Following the NJ-NY Expansion Project

Eileen Stukane: In My Greenwich Village: The Hudson River Park and the Pipeline

On the Jersey side of the river, another hearing drew similar opposition: State Agency Proposes Natural Gas Pipeline Through Liberty State Park – WNYC

Nonetheless, submit comments we will, since we will obviously have to prove that the public’s concerns have NOT been addressed in the inevitable lawsuit. Such is the tiresome and stacked regulatory process we are stuck with, for now. So get your comments in asap. Here’s how: Action Alerts |

In other news, at least one journalist agreed with our assessment of the biased line up at the New York Times’ Energy Summit, in which Joe Nocera led the panel on hydrofracking:

Press Action ::: New York Times Fabricates ‘Balanced’ Discussion on Natural Gas