“Watchdogs of the Prairie” Dakota Counsel December 2011 Organizing • Research • Advocacy • Education Vol. 35, No 1 EMINENT DOMAIN STUDY REVIVED The interim Legislative Management Committee reversed Others submitted written testimony stating that threats itself November 13 and voted, 7-6, to authorize study of of eminent domain from TransCanada’s agents came well eminent domain reform. before the company received that right. The vote came after DRC member Paul Mathews, DRC submitted draft language for three amendments. Cogswell, described unethical practices he encountered by One would change state law to define common carriers agents of TransCanada in obtaining an easement for the to exclude pipelines that do not include structures for deliv- Keystone pipeline. ery or receipt of product in North Dakota. Voting to study were Reps. Jerry Kelsh (D-Fullerton) Voters passed a state constitutional amendment in 2006 and Shirley Meyer (D-Dickinson), and Sens. Robert Erbele that excluded eminent domain for all privately-owned (R-Lehr), Joan Heckaman (D-New Rockford), Gary Lee projects except utilities and common carriers. The amend- (Casselton), Larry Robinson (D-Valley City) and Ryan Tay- ment did not define common carriers. lor (D-Towner). DRC’s proposed legislation would also require the Pub- Opposed were Reps. Al Carlson (R-Fargo), Don lic Service Commission to develop and distribute a guide Vigesaa (R-Cooperstown), and Robin Weisz (R-Hurdsfield) for landowners who would be affected by a pending case in and Sens. Rich Wardner (R-Dickinson), David Hogue (R- which eminent domain might be granted. Minot) and Ray Holmberg (R-Grand Forks). The proposed legislation would also allow victims of The study was referred to the interim Energy Develop- fraud, coercion or other illegal tactics in negotiations over ment and Transmission Committee, chaired by Sen. Wardner, easements to go directly to the PSC for a hearing, rather which held a hearing on it November 29. than have to prove their case in court first. Much of the hearing was devoted to a report from the Chairman Wardner indicated there would be at least Legislative Council summarizing state eminent domain law, one additional committee hearing on eminent domain, but it but Mathews and his neighbor Bob Banderet also testified. has not yet been scheduled. ○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○ ○○○○○○○○○○○○○○○○○ KEYSTONE XL DELAYED The Obama administration announced November 10 it Political and opinion leaders in the state continue to sug- was delaying action on a permit for the TransCanada Key- gest that the Keystone XL pipeline will help move North stone XL pipeline slated to send Alberta Tar Sands oil to Dakota oil, even though there is no indication that the Gulf of Mexico through Montana, South Dakota, Ne- TransCanada is interested. braska and other states. The proposed “Bakken Link” pipeline running south National protests over use of tar sands oil and local from southeastern Williams County was originally slated to Nebraska concerns about possible contamination of the meet Keystone XL at Fallon, Montana. Ogallala Aquifer affected the decision. Since June, its filings with the Public Service Commis- TransCanada said November 14 it would reroute the sion show the pipeline dead-ending at Fryburg, North Da- pipeline to avoid the sensitive aquifer. kota, more than 30 miles from the Montana border. Republicans in Congress responded by introducing bills Not a drop of North Dakota oil has flowed to market in both the House and Senate to force the administration to through the Keystone pipeline that now traverses the state grant the permit without any further environmental review. from Manitoba to South Dakota. Sen. John Hoeven and Rep. Rick Berg are among the It has also leaked 14 times on the U.S. side alone, the bill sponsors in their respective chambers. largest being 500 barrels near Cogswell, North Dakota. Page 2 The Dakota Counsel is published six times a year by Dakota Resource THE FUTURE Council, a nonprofit, grassroots activist organization. The mission of Dakota By DRC Board Chair Verle Reinicke Resource Council is to form enduring, democratic local groups that empower The future. Very often we talk about and plan for the people to influence decision-making future by starting with what already is, the present. The processes that affect their lives. DRC is committed to preserving sustainable result is that the future is more about the present than a real agriculture and natural resources. future. The Synapse Report for 2011, “Toward a Sustain- able Future,” calls this “Business As Usual” (BAU). BOARD OF DIRECTORS (You can read the report at http:// Verle Reinicke, Linda Weiss, Marie Hoff, Bette Stieglitz, Terrence www.civilsocietyinstitute.org/synapsereport/.) Kardong, Robert White, Gene Wirtz, BAU is about an energy future that is merely a Theodore Bird Bear, Vicki Voldal repackaged use of coal, gas and nuclear energy for decades to come. Its buzz Rosenau, Leo Walker, and Carmen Wold along with two representatives word is “clean” coal: carbon capture, retrofitting existing plants, new generation from each affiliate. plants as well as increased use of natural gas, liquefied natural gas (LNG) and con- tinued use of nuclear fuels. In short, the future is merely more of the same! AFFILIATES Badlands Area Resource Council “Toward a Sustainable Future,” on the other hand, envisions a real future. It Linda Weiss, Chair looks to the year 2050 and asks realistically what kinds of energy sources will be Grand Forks County Citizens needed for energy production then. Coalition At Underwood, North Dakota, is the Coal Creek power station. Thinking about Daryl Bragg, Chair 2050, this question comes to mind: “Factoring in increased cost of coal, future McKenzie County Energies & Taxation Association regulations for coal, construction costs for new plants, will that plant still exist in Donny Nelson, Chair 2050?” Most likely not. Missouri Valley Resource Council A sustainable future for electrical generation will mean a reliance instead on Verle Reinicke, Chair renewables, like wind and solar. Renewables have often been treated as the South Agassiz Resource Council Cinderellas of the energy household. To realize a sustainable future for 2050, how- Betty Stieglitz, Chair ever, means that they must become the darling children. The Synapse Report, published by the Civil Society Institute, makes the strong Staff Dickinson Office and credible argument that all coal-fired power plants can be phased out, replacing P.O. Box 1095, 113 1st St. West them with aggressive efficiency efforts and investing deliberately and intentionally in Dickinson, ND 58602 renewables. Phone: (701) 483-2851 Fax (701) 483-2854 The report is also stark in saying that moving toward efficiency and renewables www.drcinfo.com as an energy source will be cheaper, yes, CHEAPER, than BAU. The costs for Mark Trechock, Staff Director rebuilding coal, gas and nuclear generation are increasing, while the cost of solar [email protected] Aleta Hendricks, Office Manager technology, for instance, continues to drop. [email protected] There will be a net savings of $83 billion dollars over 40 years, and as many as Kathy Brackel, Adm. Asst. 300,000 new jobs will be created in the first 10 years. [email protected] Eliminating coal-fired power plants will also result in the reduction of 55,000 Bismarck Office premature deaths due to pollution in future decades. 103 1/2 S. 3rd St., Bismarck, ND 58504 Efficient use of energy will reduce a consumer’s monthly electric bill. We often Phone (701) 224-8587 hear that North Dakota has among the cheapest electricity rates in the country. Fax (701) 224-0198 Ashley Lauth, Organizer However, North Dakota is also at the bottom of the list of efficient use, and North [email protected] Dakota rate payers pay as much as or more than the neighboring states of Minne- sota or Montana. We can begin moving into the future right now. There is no need to wait for new Fargo Office 118 Broadway, Ste. 801, Fargo, ND 58107 technology breakthroughs, extensive research and development work. The tech- Phone: (701) 298-8685 nologies are already here. Fax (701) 298-9044 Lynn Wolff, Organizer [email protected] Future, con’t p. 3 Page 3 DRC TO EPA: CLEAN UP OUR AIR DRC urged the U.S. Environmen- adopting non-standard methods of “It’s time for North Dakota to stop tal Protection Agency to move forward measuring PSD to make the viola- beating a dead horse by urging special with its plan to require North Dakota tions artificially disappear. treatment for coal-fired power plants,” to come into compliance with regional EPA never authorized these novel said DRC in its comments. haze standards in official comments sub- measurement methods, although it ○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○ mitted last month. signed a memorandum of under- The standards were adopted in standing and failed to take action to Clean Air Act amendments over 30 enforce PSD in the state. FUTURE (from p. 2) years ago and set time frames for re- The intent was obviously to foster The low-hanging fruit, the easi- duction of sulfur dioxide and nitrous construction of new coal-fired power est, is efficiency. Replacing light bulbs, oxides pollution that impair visibility in plants in North Dakota. reinsulating, demanding that new con- national parks and other protected That strategy backfired in 2007 struction of homes and businesses be areas. when Undersecretary of the Interior more energy efficient is a no-brainer. Reducing the pollution would also David Verhey put thumbs down on a And the cost savings can be ex- provide a health benefit. The cost of draft air quality permit for a proposed tremely significant. health impacts from dirty coal plants in coal burner at Gascoyne. When it comes to energy genera- North Dakota is estimated at nearly His finding of “adverse impact” to tion and use, what kind of future are $500 million per year.