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Gaurav's avatar

Hi Kelleran, though not paid subscriber, I would like to thank you for the work you do and the amount of efforts you spend to educate others. Thanks once again!

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Samsonite's avatar

It's obviously lawfare, this should have been filed months ago when the waivers were issued. I doubt there is a time limit but another check in the column of coordinated attempts to sabotage the Consent Decree just like the CCC Press Release. All these orgs and individuals are opening themselves up to liability and discovery at the Federal level. Not wise.

I skimmed the Consent Decree. The technical merits of the case seem dubious. The CD was supposed to be open to public comment. Hard to claim now that the pipeline is inherently unsafe; and bringing up the problems with cathodic protection again when that tech mitigation is specifically addressed by the CD.

They are going after the OSFM procedurally though. The CD specifically does not give the OSFM a pass on the rest of their responsibilities, only those specified in the CD, primarily around cathodic protection; but it is broader than that.

So the question is did the OSFM follow their legally required waiver procedures with respect to

1) Public notice & hearing or environmental review

2) Release of documentation\analysis

3) CEQA Review

If not, what's the harm and the remedy. Seems like a state issue on process not exempted by the CD.

But I think their lawyers blew it claiming the pipeline is inherently unsafe and their desire for an "alternative of not allowing the pipeline to restart'

Kick it Federal. It's a delaying tactic. They made it clear through the own words their intent is to bypass the CD and stop the pipeline, not objections to OSFM procedures.

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