Should the US government be on the hook for $15 billion?

[Ecocharger + 1,446]

16 hours ago, nsdp said:

"Reply posted Sat July 31 at 2:34 pm

Triple major,math science, space physics and economics from Rice.  Did you major in any thing more difficult than business adm or basket weaving or radio/tv?"

Where did you get your degree from Trump University?? Did you get your tuition refund?

 

For a triple major hotshot, you seem to be unusually prone to confusion.

Edited August 4, 2021 by Ecocharger

[nsdp + 449]

7 hours ago, Ecocharger said:

Again, you are way off topic, none of this stuff is related to the rescission of the Presidential permit by Biden & Co.

Presidential permits and Certificates of Public Convenience and Necessity are subject to the same judicial review standards. This Order by the DC Circuit Court of Appeals when applied to KXL says Chump  had to go back and re-justify his grant of the permit.  FERC Reviewing D.C. Circuit Decision to Vacate Spire Pipeline Certificate https://www.ferc.gov/news-events/news/ferc-reviewing-dc-circuit-decision-vacate-spire-pipeline-certificate  All Biden did was do what Chump ignored.

Problem did not go away because Chump ignored it.  You willing to go to San francisco and tell the 9th Circuit that their decision doesn't apply to KXL?  Remember Rule 11.

Edited August 5, 2021 by nsdp
Put sentence in wrong plac.

[Ecocharger + 1,446]

4 hours ago, nsdp said:

Presidential permits and Certificates of Public Convenience and Necessity are subject to the same judicial review standards. This Order by the DC Circuit Court of Appeals when applied to KXL says Chump  had to go back and re-justify his grant of the permit.  FERC Reviewing D.C. Circuit Decision to Vacate Spire Pipeline Certificate https://www.ferc.gov/news-events/news/ferc-reviewing-dc-circuit-decision-vacate-spire-pipeline-certificate  All Biden did was do what Chump ignored.

Problem did not go away because Chump ignored it.  You willing to go to San francisco and tell the 9th Circuit that their decision doesn't apply to KXL?  Remember Rule 11.

You are way off the topic, it seems to be your normal modus operandi.

[IYKE JAPAN + 2]

Biotech company Athira Pharma, which is in turmoil after its chief executive was found to have published research containing altered images, now faces a new concern: It cited the allegedly doctored papers in a federal grant application. This creates the potential for the government or whistleblowers to pursue legal action to force the company to repay not only the $15 million it received to fund its work but also additional penalties.

[IYKE JAPAN + 2]

OTTAWA — TC Energy announced Friday it is out to recoup more than $15 billion in damages after President Joe Biden revoked Keystone XL’s presidential permit.

The Calgary-based pipeline operator said a notice of intent has been filed to initiate a legacy North American Free Trade Agreement claim under the United States-Mexico-Canada Agreement.

[IYKE JAPAN + 2]

“TC Energy will be seeking to recover more than US$15 billion in damages that it has suffered as a result of the U.S. Government’s breach of its NAFTA obligations,” read a statement from the company.

The news comes less than a month after TC Energy formally announced an end to its bid to build the 1,200-mile pipeline, which proposed carrying crude from Hardisty, Alberta, to Steele City, Nebraska.

TC Energy said it made the decision after consultations with the government of Alberta and following a “comprehensive review of its options.” The provincial government was a partner on the project, putting Alberta taxpayers on the hook for the C$1.3 billion the province invested in the pipeline.

TC Energy’s abandonment of the project was marked as a major win by environmentalists and Indigenous leaders, who vocally opposed the project for 13 years.

President Barack Obama had previously rejected the pipeline project in 2015. President Donald Trump resurrected the project days after being sworn into office in 2017.

Biden revoked the presidential permit for the project on his first day in office.

Edited August 8, 2021 by IYKE JAPAN

[nsdp + 449]

12 hours ago, IYKE JAPAN said:

“TC Energy will be seeking to recover more than US$15 billion in damages that it has suffered as a result of the U.S. Government’s breach of its NAFTA obligations,” read a statement from the company.

The news comes less than a month after TC Energy formally announced an end to its bid to build the 1,200-mile pipeline, which proposed carrying crude from Hardisty, Alberta, to Steele City, Nebraska.

TC Energy said it made the decision after consultations with the government of Alberta and following a “comprehensive review of its options.” The provincial government was a partner on the project, putting Alberta taxpayers on the hook for the C$1.3 billion the province invested in the pipeline.

TC Energy’s abandonment of the project was marked as a major win by environmentalists and Indigenous leaders, who vocally opposed the project for 13 years.

President Barack Obama had previously rejected the pipeline project in 2015. President Donald Trump resurrected the project days after being sworn into office in 2017.

Biden revoked the presidential permit for the project on his first day in office.

More importantly the Standing Rock Sioux obtained a NEPA injunction against TCN, the Corps of Engineers and the President Chymp for failure to prepare a corrected EIS. I realize you outhouse lawyers may not understand the "Snail darter" Supreme Court decision from 1978. TVA vs. Hill 437 US 153 (1978). The Telleco Dam has never closed its gates to impound water.   The permit to build  was not a permit to complete and operate. A similar result was reached  in  Humane Society vs Zinke https://law.justia.com/cases/federal/appellate-courts/cadc/15-5041/15-5041-2017-08-01.htmlwhich held hunting permits issued under an invalid EIS were invalid and hunters using them would be incarcerated.

What TVA vs Hill said to President Chymp is that he could not issue  the permit until he fixed it.  TCN has been treated the same way. they had until Jan 20th 2021 to fix or start to fix the problem. . See Backcountry Against Dumps v. Perry, 2017 WL 3712487 (August 29, 2017)."The Administrative Procedures Act (“APA”) addresses scenarios in which a reviewing court holds unlawful and sets aside agency actions, etc. The Court notes that the statute also provides that in making such determinations, “due account shall be taken of the rule of prejudicial error.”

"The Court disagreed and held that while vacatur is the normal remedy for unlawful agency action principles of equity must be considered to determine whether vacatur is warranted. The Court states that it must balance the seriousness of the agency errors against the disruptive consequences of an interim change that may itself be changed."The Court cites a District of Columbia Circuit Court of Appeals approach for measuring the seriousness of an agency error. The error’s seriousness is coextensive with the extent to which the error creates doubt as to whether the agency made the correct decision.

No EIS is fatal under TVA v Hill.

TCN has done nothing to earn equitable relief. They have conducted no consultations with the Montana Sioux in the manner set forth tin the Administrative Procedures Act.  They have conducted no EIS to determine the impact of mining the tars and and the fact that President Chymp  failed to do things right does not excuse them  of not following the US Supreme Court Decision in TVA vs Hill.

Ignorance is no excuse before the law.  Your honor  President Chymp pleads stupidity.

[nsdp + 449]

On 8/5/2021 at 3:33 AM, Ecocharger said:

You are way off the topic, it seems to be your normal modus operandi.

You are ignoring the US Supreme Court' s decision in TVA VS Hill which applies to every application to  every presidential Permit.

[Ecocharger + 1,446]

2 hours ago, nsdp said:

More importantly the Standing Rock Sioux obtained a NEPA injunction against TCN, the Corps of Engineers and the President Chymp for failure to prepare a corrected EIS. I realize you outhouse lawyers may not understand the "Snail darter" Supreme Court decision from 1978. TVA vs. Hill 437 US 153 (1978). The Telleco Dam has never closed its gates to impound water.   The permit to build  was not a permit to complete and operate. A similar result was reached  in  Humane Society vs Zinke https://law.justia.com/cases/federal/appellate-courts/cadc/15-5041/15-5041-2017-08-01.htmlwhich held hunting permits issued under an invalid EIS were invalid and hunters using them would be incarcerated.

What TVA vs Hill said to President Chymp is that he could not issue  the permit until he fixed it.  TCN has been treated the same way. they had until Jan 20th 2021 to fix or start to fix the problem. . See Backcountry Against Dumps v. Perry, 2017 WL 3712487 (August 29, 2017)."The Administrative Procedures Act (“APA”) addresses scenarios in which a reviewing court holds unlawful and sets aside agency actions, etc. The Court notes that the statute also provides that in making such determinations, “due account shall be taken of the rule of prejudicial error.”

"The Court disagreed and held that while vacatur is the normal remedy for unlawful agency action principles of equity must be considered to determine whether vacatur is warranted. The Court states that it must balance the seriousness of the agency errors against the disruptive consequences of an interim change that may itself be changed."The Court cites a District of Columbia Circuit Court of Appeals approach for measuring the seriousness of an agency error. The error’s seriousness is coextensive with the extent to which the error creates doubt as to whether the agency made the correct decision.

No EIS is fatal under TVA v Hill.

TCN has done nothing to earn equitable relief. They have conducted no consultations with the Montana Sioux in the manner set forth tin the Administrative Procedures Act.  They have conducted no EIS to determine the impact of mining the tars and and the fact that President Chymp  failed to do things right does not excuse them  of not following the US Supreme Court Decision in TVA vs Hill.

Ignorance is no excuse before the law.  Your honor  President Chymp pleads stupidity.

Not relevant to the trade case. Sorry.

[Ecocharger + 1,446]

2 hours ago, nsdp said:

You are ignoring the US Supreme Court' s decision in TVA VS Hill which applies to every application to  every presidential Permit.

Not relevant to the trade case.

[XeeDevelopers 0]

Best way to be a millionaire, XeeDevelopers offers Turnkey Dropshipping Website For Sale. Start with XeeDevelopers.
 

[Bobby P + 88]

Why did this US administration cancel the KeyStone XL project which would have transported oil from right across the border and several US states meanwhile putting out a statement begging for OPEC+ to release more barrels into the market. So, I guess now it's more economically and "environmentally" friendly to have oil supplied from half way across the world rather than from a geographical neighbor. How does one explain these contradicting statements and decisions? 

[pinto + 293]

Strange decision after everything but still the US is the world's major oil producer and I just don't understand why it can't increase its own production. There's a huge demand for cheap oil and most Asian nations are suffering because of oil crisis, moreover US has sanction Iran which supplies cheap crude oil in exchange for grains and refined oil. 

[Rob Plant + 2,747]

46 minutes ago, pinto said:

Strange decision after everything but still the US is the world's major oil producer and I just don't understand why it can't increase its own production. There's a huge demand for cheap oil and most Asian nations are suffering because of oil crisis, moreover US has sanction Iran which supplies cheap crude oil in exchange for grains and refined oil. 

Ramping up US oil production probably isnt in Biden's green revolution and isnt exactly part of his policy going forward.

[Ecocharger + 1,446]

9 hours ago, Rob Plant said:

Ramping up US oil production probably isnt in Biden's green revolution and isnt exactly part of his policy going forward.

Yes, Biden could pass this off as a temporary expedient and promise that he will eventually take a more anti-oil position. However, the longer this goes on, and it will probably continue to go on into the foreseeable future, the less confident his Green acolytes will become that anything substantial will emerge in the way of anti-carbon policy.

Reality trumps (excuse the term) fantasy.

[Boat + 1,323]

Biden just wants to add to the Obama renewable legacy. At the end of the day technology will decide how fast renewables do in the market but throwing in 10’s of billions every few years certainly won’t slow market share.

[Boat + 1,323]

On 8/12/2021 at 9:38 AM, pinto said:

Strange decision after everything but still the US is the world's major oil producer and I just don't understand why it can't increase its own production. There's a huge demand for cheap oil and most Asian nations are suffering because of oil crisis, moreover US has sanction Iran which supplies cheap crude oil in exchange for grains and refined oil. 

Why chase a international market that OPEC controls. US drillers have the US market locked because of shipping costs but exports cost $4-5$ more to ship. 

[Ward Smith + 6,615]

From the Parent Oilprice site , something unusual for this crowd. Useful. Information

[Bobby P + 88]

Good to see Line 3 coming to completion, I don't understand why the hell KeyStone XL was cancelled and why Line 5 is still facing opposition? Both these lines would be significant upgrades to the existing pipeline infrastructure which obviously would provide good high paying union jobs. It's like a car manufacturer upgrading your vehicle at no cost but you protest at the dealership and yell "NO!". It is much more economical and environmentally friendly to ship oil via pipeline via a relatively short distance rather that begging OPEC+ to ship oil to the US from half way across the world. There is no need for North America to rely on the clowns at OPEC for our energy needs. 

 

 

[nsdp + 449]

On 8/9/2021 at 1:50 AM, Ecocharger said:

Not relevant to the trade case.

DC Circuit orders FERC to analyze climate, environmental justice more thoroughly

https://www.utilitydive.com/news/dc-circuit-calls-on-ferc-to-analyze-climate-environmental-justice-more-tho/604481/_The Tuesday decision "clearly demonstrates that the Commission has the authority and obligation to meaningfully analyze and consider the impacts from GHG emissions and impacts to Environmental Justice communities,"  m CN

Federal judge throws out U.S. approval of ConocoPhillips Alaska oil project https://www.reuters.com/business/energy/federal-judge-vacates-us-approval-conocophillips-alaska-drilling-project-2021-08-18/

 Ok legal genius , itemize how are these two cases not the same resolution that TCN from the US legal standards applied to TCN.   All three cancled for shoddy environmental work by the President and his agencies.

All three reflect shoddy environmental analysis.

Vickers Speck304032018.pdf

Edited August 20, 2021 by nsdp
make ratio decendi clear

[Ward Smith + 6,615]

2 hours ago, nsdp said:

and impacts to Environmental Justice communities,"

What pray tell is an "Environmental Justice" community? Is that defined in Black's Legal Dictionary? 

[Ecocharger + 1,446]

6 hours ago, nsdp said:

DC Circuit orders FERC to analyze climate, environmental justice more thoroughly

https://www.utilitydive.com/news/dc-circuit-calls-on-ferc-to-analyze-climate-environmental-justice-more-tho/604481/_The Tuesday decision "clearly demonstrates that the Commission has the authority and obligation to meaningfully analyze and consider the impacts from GHG emissions and impacts to Environmental Justice communities,"  m CN

Federal judge throws out U.S. approval of ConocoPhillips Alaska oil project https://www.reuters.com/business/energy/federal-judge-vacates-us-approval-conocophillips-alaska-drilling-project-2021-08-18/

 Ok legal genius , itemize how are these two cases not the same resolution that TCN from the US legal standards applied to TCN.   All three cancled for shoddy environmental work by the President and his agencies.

All three reflect shoddy environmental analysis.

 

Vickers Speck304032018.pdf 250.7 kB · 0 downloads

Nothing to do with it.

[nsdp + 449]

On 8/19/2021 at 11:42 PM, Ward Smith said:

What pray tell is an "Environmental Justice" community? Is that defined in Black's Legal Dictionary? 

No Blacks doesn't count when it is defined by the US Supreme Court.

[Ecocharger + 1,446]

1 hour ago, nsdp said:

No Blacks doesn't count when it is defined by the US Supreme Court.

Legality doesn't count? Sad commentary.

[Boat + 1,323]

So happy to see Ward and EchoChambers concern about Canada’s oil production Trump the US environment for oil the US doesn’t need. Real patriots. Pollution continues to play its role in the COVID epidemic. A 12 county area with 2 beds left for the unmasked and unvaccinated in Alabama.