Keystone XL survived politics but economics could kill it

BY ASSOCIATED PRESS
08/06/2017 12:00 PM
LINCOLN, Neb. (AP) — The proposed Keystone XL pipeline survived nine years of protests, lawsuits and political wrangling that saw the Obama administration reject it and President Donald Trump revive it, but now the project faces the possibility of death by economics.

Low oil prices and the high cost of extracting Canadian crude from oil sands are casting new doubts on Keystone XL as executives with the Canadian company that wants to build it face the final regulatory hurdle next week in Nebraska.

The pipeline proposed in 2008 has faced dozens of state and federal delays, many of them prompted by environmental groups who ultimately persuaded President Barack Obama to deny federal approval in November 2015. President Donald Trump resuscitated the project in March, declaring that Calgary-based TransCanada would create "an incredible pipeline."

After all that, a TransCanada executive raised eyebrows in the energy industry last week when he suggested that the pipeline developer doesn't know whether it will move forward with the project. Paul Miller, an executive vice president who is overseeing the project, told an investor call that company officials won't decide until late November or early December whether to start construction.

"We'll make an assessment of the commercial support and the regulatory approvals at that time," Miller said in the conference call Friday with investors.

The company has invited customers to bid for long-term contracts to ship oil on the pipeline. The bidding will run through September.

An energy expert said the project has been delayed so long it may no longer make economic sense.

"Frankly, in the current price climate, it's probably not going to be a going venture unless there's a massive improvement in technology" for processing Canadian crude, said Charles Mason, a University of Wyoming professor of petroleum and gas economics. Crude oil was trading at around $49.50 a barrel on Wednesday, down from highs of more than $100 in 2014.

The 1,179-mile pipeline would transport oil from tar sands deposits in Alberta, Canada, across Montana and South Dakota to Nebraska, where it would connect with existing pipelines that feed Texas Gulf Coast refineries.

South Dakota and Montana regulators have approved the project, although there are legal challenges pending in both states. Only Nebraska has yet to give regulatory approval. The rest of the route for the oil to the Gulf would travel an existing pipeline in the network.

Mason said the biggest economic problem is that synthetic crude from the Canadian deposits is considered a lower-value product because it tends to be heavier, and thus more expensive to refine into gasoline and jet fuel. It's also more expensive to extract than other oils.

Producers have also found other ways to ship oil, primarily by train, and many are reluctant to sign long-term contracts with a pipeline that wouldn't go into operation for several more years, said Jeff Share, editor of the Houston-based Pipeline & Gas Journal, a leading industry publication. Given the difficulties, Share said TransCanada has probably a "50-50" chance of completing the project.

The five-member Nebraska Public Service Commission is supposed to decide by Nov. 23 whether the project serves the public's interests, based on evidence presented by attorneys in a formal legal proceeding beginning Monday and a series of public hearings held over the last few months. The elected commission is comprised of four Republicans and one Democrat.

Environmental opposition to the project has persisted in Nebraska, where opponents say the pipeline would pass through the Sandhills, an ecologically fragile region of grass-covered sand dunes, and would cross the land of farmers and ranchers who don't want it.

Nebraska law enforcement authorities already have had discussions with their counterparts in North Dakota about how that state handled widespread protests during construction of the Dakota Access Pipeline near the Standing Rock Indiana Reservation, said Cody Thomas, a Nebraska State Patrol spokesman.

Protesters led by Native American tribes and environmental groups flocked to North Dakota last summer to rally against the Dakota Access Pipeline, and some camped out in bitter cold through early this year, prompting the state to send a large law enforcement contingent that sometimes skirmished with protesters. The pipeline was ultimately completed but legal challenges remain.

Pipeline opponents in Nebraska said they are wary of TransCanada's recent statements and don't believe the company will surrender without a fight.

"We can't let our guard down," said Jim Carlson, a farmer near Silver Creek, Nebraska, who grows corn on the pipeline's proposed route. "We've got to continue to be vigilant and proactive. TransCanada could be doing things just to throw us off."

Carlson said TransCanada has offered him $307,000 since the company first contacted him in 2013, but he refuses to sign an easement agreement to grant access to his land. To highlight his opposition, Carlson is installing solar panels on his land directly in the path of the proposed pipeline.

If the Nebraska commission approves the route, TransCanada can initiate legal proceedings under eminent domain to gain access to the land of holdout property owners. TransCanada has secured agreement with roughly 90 percent of Nebraska landowners along the route.

The company said that if it decides to go ahead with the project, it would need six to nine months to start doing some of the staging of the construction crews followed by two years of construction.

News

BY STACIE GUTHRIE
Reporter – @cp_sguthrie
01/19/2018 08:15 AM
TAHLEQUAH – The attorney general’s office cites perjury as a reason why it’s asking the Supreme Court to dismiss a petition from two Tribal Councilors and six Cherokee Nation citizens challenging Freedmen citizenship. In a Dec. 29 filing in the Cherokee Nation v. Nash and Vann v. Zinke case, the attorney general’s office states five of eight citizens listed in a Dec. 11 petition committed perjury and because so the petition should be dismissed and “the Court should take other appropriate action, including sanctions.” “Council Member David Walkingstick, in his individual capacity, Twila Pennington, Randy White, Norman Crowe and Vicki Bratton all swore in notarized statements they ‘voted in the 2007 referendum election…to only allow citizenship in the Cherokee Nation only to people who are Cherokee by blood.’ They did not (vote),” states the response. The response states Election Commission records show Walkingstick, Pennington, White, Crowe and Bratton did not vote in the March 3, 2007, election in which voters amended the Constitution to require Indian blood for citizenship. The Cherokee Phoenix contacted the attorney general’s office regarding the perjury allegation, but was told “there is no further comment on the perjury allegation other than what has already been filed.” Walkingstick said he voted in the election and that the records are incorrect. “In (20)07 I ran for council. I remember voting in that election. I know the records in the Election Commission, you know, they’re not always accurate.” The 2007 general election in which Walkingstick’s name first appeared on the ballot was June 23. Walkingstick added that he didn’t perjure himself. “Perjury, the definition of perjury is getting up on the witness stand and putting your hand on a Bible and take an oath that you’re going to tell the truth and then getting up there and intentionally lying. That’s perjury,” he said. “This is a desperate attempt for (Attorney General) Todd (Hembree) to not face the consequences of him not adhering to his own AG Act. This has nothing to do with who voted or who didn’t vote in the (20)07 election. It has everything to do with the Cherokee Nation trying to uphold its Constitution.” According to Black’s Law Dictionary, perjury is the willful assertion as to a matter of fact, opinion, belief, or knowledge, made by a witness in a judicial proceeding as part of his evidence, either upon oath or in any form allowed by law to be substituted for an oath, whether such evidence is given in open court, or in an affidavit, or otherwise, such assertion being known to such witness to be false, and being intended by him to mislead the court, jury, or person holding the proceeding. In a Jan. 8 affidavit, Crowe states he voted in the election and that EC records are wrong. John Parris, the petitioners’ attorney, spoke on behalf of those alleged of perjury stating they all “remember voting” in the election. “The position of the interveners is that they remember voting and don’t know why the records are inaccurate,” he said. “The interveners hope that we get to the main issue and not deal with these side issues.” In regards to the EC records being “wrong,” EC officials said they do “not feel it would be appropriate to comment” on litigation before the Supreme Court. On Dec. 11, Tribal Councilor Harley Buzzard, Kathy Robinson, Marcus Thompson, as well as the five accused of perjury, filed a petition as individual citizens against the CN and Hembree. It stems from Hembree’s decision not to appeal the District of Columbia District Court’s ruling to bind the CN to the 1866 Treaty and provide Freedmen “all the rights of native Cherokees,” including the right to citizenship. Freedmen are descendants of slaves once held by Cherokees. The petitioners ask the Supreme Court to set aside its Sept. 1 order to enroll Freedmen as citizens and instruct the attorney general’s office to appeal the federal court ruling until the Tribal Council approves or disapproves of Hembree’s decision not to appeal. According to the attorney general’s response, the petition should also be dismissed because its grievances against the CN and Hembree do not have “any basis in law or fact.” “Movants fail to demonstrate a legally cognizable interest in the present action that establishes a right to intervene under Cherokee Law. Nonetheless, even if Movants can establish a right to intervene – which they cannot – the Court must dismiss the Writ of Mandamus because this Court lacks subject matter jurisdiction,” the response states. “Specifically, Movants fail to cite any jurisdictional statute which permits Movants to maintain a lawsuit against AG Hembree – an appointed official of the Nation that enjoys sovereign immunity from this type of suit. Moreover, Movants fail to establish standing to bring this action against AG Hembree and fail further to plead a claim for relief.” The attorney general’s office also asks the court to maintain its Sept. 1 order by stating the request to continue litigating the case is “simply not available under Cherokee law.” Walkingstick said, hypothetically, if the tribe doesn’t appeal the federal ruling the Constitution would still have to be amended. He said Cherokee voters could accept the ruling or “vote in contradiction to it.” “The consequences are if the Cherokee people vote in contradiction to (federal) Judge (Thomas) Hogan’s ruling, or opinion, then federal program dollars could be frozen. Those are the consequences, and it just kind of depends what our Cherokee people want and, you know, me as being elected official, I take the Cherokee people’s voice very seriously,” he said. According to the Sept. 1 order, the Supreme Court deemed the special election void and without effect. Walkingstick said he’s “never taken a stance” on citizenship rights for Shawnees, Delaware, intermarried whites or Freedmen but that he did take an oath to uphold the Constitution. “The disappointment in all of this is our Cherokee Supreme Court contradicted our own Constitution. That’s a catastrophe. The other catastrophe is our chief and our attorney general supports contradicting our Constitution,” he said. “If we were wanting to protect our Constitution to the highest degree possible we would appeal this decision, which that’s the highest degree we can go with in regards to what that outcome is. It may be favorable. It may not be favorable, but we can look our constituents in the face and say we did everything possible to uphold your voice.”
BY STAFF REPORTS
01/17/2018 04:00 PM
The Cherokee Phoenix and Cherokee Family Research Center at the Cherokee Heritage Center teamed up to create this series on Cherokee genealogy. Thanks to CFRC genealogists Gene Norris and Ashley Vann, we are able to show you the genealogies of the Cherokee Phoenix staff and the CFRC’s genalogy inner workings at the CHC as well as the people behind them. For the next several months, we will highlight Cherokee Phoenix staff members’ genealogies and bring you information regarding Cherokee genealogy. You may even spot an ancestor on a staff member’s genealogy chart. This month we spotlight Advertising Representative Danny Eastham and Advertising Specialist Samantha Cochran's genealogies Wado! <a href="http://www.cherokeephoenix.org/Docs/2018/1/11902__Samantha.pdf" target="_blank">Click here</a>to read Advertising Specialist Samantha Cochran's genealogy.
BY ASSOCIATED PRESS
01/17/2018 12:00 PM
OKLAHOMA CITY (AP) — The first trial date has been set for a lawsuit by a state against pharmaceutical companies over the opioid epidemic, according to Oklahoma’s attorney general. Oklahoma, one of at least 13 states that have filed lawsuits against drugmakers, alleges fraudulent marketing of drugs that fueled the opioid epidemic in the lawsuit filed in June 2017, and seeks unspecified damages from Purdue Pharma, Allergan, Janssen Pharmaceuticals, Teva Pharmaceuticals and several of their subsidiaries. “We appreciate the urgency Judge (Thad) Balkman saw in getting the case to trial,” Attorney General Mike Hunter said. “Oklahomans who have suffered immeasurably from the years of fraudulent marketing campaigns will see this case resolved sooner rather than later.” Hunter said Balkman scheduled the trial to begin May 28, 2019. The companies deny wrongdoing and say they complied with Federal Drug Administration requirements that include warning labels showing potential risks that come with using their drugs. “We are deeply troubled by the prescription and illicit opioid abuse crisis, and are dedicated to being part of the solution,” Purdue Pharma said in a statement. “We vigorously deny these allegations and look forward to the opportunity to present our defense.” Teva spokeswoman Kaelan Hollon said the company “is committed to the appropriate use of opioid medicines,” and complies with all state and federal drug regulations. “Teva also collaborates closely with other stakeholders, including providers and prescribers, regulators, public health officials and patient advocates, to understand how to prevent prescription drug abuse without sacrificing patients’ needed access to pain medicine,” Hollon said. Ohio Attorney General Mike DeWine’s office said other states that have filed lawsuits are Alaska, Kentucky, Louisiana, Mississippi, Missouri, Montana, New Hampshire, New Jersey, New Mexico, Ohio, South Carolina and Washington state. The state lawsuits are separate from pending lawsuits in Ohio by dozens of local governments, and lawsuits by Native American tribes in the Dakotas and Oklahoma. In Ohio, a federal lawsuit by local governments nationwide that makes similar allegations is pending. And in South Dakota, the Rosebud Sioux Tribe, Flandreau Santee Sioux Tribe and the Sisseton Wahpeton Oyate filed a federal lawsuit in January against 24 opioid industry groups. In Oklahoma, a federal judge has ruled that another similar lawsuit by the Cherokee Nation cannot be tried in tribal court, and CN Attorney General Todd Hembree siad the tribe would file the lawsuit in state court.
BY STAFF REPORTS
01/16/2018 04:00 PM
The Cherokee Phoenix and Cherokee Family Research Center at the Cherokee Heritage Center teamed up to create this series on Cherokee genealogy. Thanks to CFRC genealogists Gene Norris and Ashley Vann, we are able to show you the genealogies of the Cherokee Phoenix staff and the CFRC’s genalogy inner workings at the CHC as well as the people behind them. For the next several months, we will highlight Cherokee Phoenix staff members’ genealogies and bring you information regarding Cherokee genealogy. You may even spot an ancestor on a staff member’s genealogy chart. This month we spotlight Staff Writer Brittney Bennett and Former Intern Chandler Kidd's genealogies Wado! <a href="http://www.cherokeephoenix.org/Docs/2018/1/11898__ChandlerKidd.pdf" target="_blank">Click here</a>to read Former Intern Chandler Kidd's genealogy.
BY STAFF REPORTS
01/16/2018 03:30 PM
The Cherokee Phoenix and Cherokee Family Research Center at the Cherokee Heritage Center teamed up to create this series on Cherokee genealogy. Thanks to CFRC genealogists Gene Norris and Ashley Vann, we are able to show you the genealogies of the Cherokee Phoenix staff and the CFRC’s genalogy inner workings at the CHC as well as the people behind them. For the next several months, we will highlight Cherokee Phoenix staff members’ genealogies and bring you information regarding Cherokee genealogy. You may even spot an ancestor on a staff member’s genealogy chart. This month we spotlight News Writer Brittney Bennett and Former Intern Chandler Kidd's genealogies Wado! <a href="http://www.cherokeephoenix.org/Docs/2018/1/11895__BrittneyBennett.pdf" target="_blank">Click here</a>to read News Writer Brittney Bennett's genealogy.
BY ASSOCIATED PRESS
01/16/2018 12:00 PM
MUSKOGEE (AP) — Cherokee Nation leaders marked Martin Luther King Jr. Day on Jan. 15 by acknowledging the tribe needs to come to terms with its treatment of former slaves, known as Freedmen. The tribe — one of the country’s largest — recognized the King holiday for the first time with participation in a King parade and a visit to the Martin Luther King Community Center in Muskogee. Secretary of State Chuck Hoskin Jr. said Principal Chief Bill John Baker decided the tribe should honor the King holiday this year because of ongoing racial tensions nationwide and because the tribe is seeking to make amends with slavery. King’s writings spoke of injustices against Native Americans and colonization, but Hoskin said the tribe had its own form of internal oppression and dispossession. “The time is now to deal with it and talk about it,” said Hoskin. “It’s been a positive thing for our country to reconcile that during Dr. King’s era, and it’s going to be a positive thing for Cherokee to talk about that history as part of reconciling our history with slavery.” Such talk from tribal officials would have been surprising before a federal court ruled last year that the descendants of slaves owned by tribal citizens had the same rights to tribal citizenship, voting, health care and housing as blood-line Cherokees. One descendant of Freedmen, Rodslen Brown-King, said her mother was able to vote as a Cherokee for the first and only time recently. Other relatives died before getting the benefits that come with tribal citizenship, including a 34-year-old nephew with stomach cancer, she said. “He was waiting on this decision,” Brown-King, of Fort Gibson, said. “It’s just a lot of struggle, a lot of up and down trauma in our lives. It’s exciting to know we are coming together and moving forward in this.” Derrick Reed, a city councilman in Muskogee, and director of the King Community Center there, said the Jan. 15 event was the first attended by citizens of the CN in honor of the holiday. Baker later spoke at an after-party the tribe sponsored, and Hoskin served breakfast earlier in the day. “We have a wonderful story to tell but we need to tell the whole story,” Hoskin said.