Tar Sands Bad for South Dakota: Three Neighbors' Stories

Hat tip to Great Plains Tar Sands Pipelines!

The Sierra Club documents how the push for toxic Canadian tar sands oil threatens the health and welfare of South Dakotans. The environmental organization profiles three South Dakotans who have fought Big Oil: Kent Moeckley of Britton and Carolyn Harkness and Ed Cable of Union County.

Moeckly was a notable opponent of TransCanada's Keystone I pipeline, which is now buried under his farmland in Marshall County. When TransCanada announced the pipeline route, Moeckly and his neighbors asked TransCanada to consider alternative routes. He says an oil leak in his neighborhood's sandy, permeable soil could threaten the aquifer that feeds the local rural water system, an objection much like that curently raised by Nebraskans worried that Keystone XL could damage the Sand Hills and the massive Ogallala aquifer. TransCanada paid no attention:

Moeckly says pipeline consultants didn't even survey his land before they reported it as "low consequence" status, which allowed TransCanada to build the Keystone I through the aquifer in 2009, using thinner pipe and higher pressure than any other pipeline before it. When farmers in the area requested thicker pipe to reduce the risk of water contamination, their concerns went unheeded.

"TransCanada absolutely ignored us. They plowed on through," Moeckly says ["Toxic Tar Sands: South Dakota," Sierra Club, Nov. 2010].

TransCanada finished the pipeline last year. They left debris and dirt piles on Moeckly's land that have trapped water and left 15 acres unusable. (Where are the conservative property rights hawks speaking up for Moeckly's rights under the takings clause?)

Harkness and Cable are trying to save Union County from even worse disruption at the hands of the still-pending Hyperion refinery. This tar sands refinery would tear up thousands of acres of prime farm land and threaten the aquifer, air quality, and even the simple view of the stars at night.

Carolyn Harkness would find her farm home 300 feet from the refinery. She doesn't want to give up land that is everything to her family, her home, business, and retirement. She also sees a higher obligation to keep the refinery from tearing up Union County:

"This land belongs to God and it is our responsibility to save it for future generations. It has treated us well," she says. "We need to return the favor" [Sierra Club, Nov 2010]

Ed Cable lives three miles from the proposed refinery site and share's his neighbors' concerns about pollution that owuld ruin one of the cleanest places in the country. Cable has led the legal fight to block construction of the refinery. His group, Save Union County, has played a key role in pushing South Dakota's regulators to do something like due diligence in, if not stopping the refinery, at least making sure the Texas dreamers behind it get their enviromental ducks in a row.

Oops—did I say ducks in a tar sands story?

Moeckly, Harkness, and Cable understand that increasing our dependence on dirty foreign oil is not good for our way of life. As we see from the Keystone I pipeline, the tar sands are already damaging our fair state. We should say no to any more development of this unsustainable resource.

Hyperion Pipe Dreams Bad for South Dakota

Doug Maurstad hits the editorial page of that Sioux Falls paper to remind us that Hyperion's four-year land options for its proposed refinery in Union County end August 31. Four years, and no action. Not one job, not one acre cleared, and no action planned until 2012. Maurstad says Hyperion has dropped the land it's interested in from 27,000 acres to 4,000 acres.

If Hyperion does get its act together and start building, it will be bad for South Dakota. Remember, Hyperion is tied to the Keystone pipelines and the dirty, expensive tar sands oil TransCanada wants to ship. Processing tar sands oil requires four times as much water as conventional oil refining... and that water will come from our prairie aquifers that scientists say are already stressed by farming and development. A tar sands refinery might provide jobs in Union County, but it will severly limit the capacity of surrounding communities to expand water supply to new residents and businesses or even continue to meet the needs of current users. Imagine that: Hyperion as zero-sum development.

Richard Leopold, chief of Iowa's Department of Natural Resources, points out another way Hyperion's development could limit economic opportunities for everyone else in the neighborhood. Air quality standards allow only so much pollution in each area. Hyperion could belch so much filth that it would fill the emissions quota for southeast South Dakota and northwest Iowa. No one else would be able to build a factory in the neighborhood. Elk Point could become a company town: the only place to work would be Hyperion. Wedding your town's economic development to one company that monopolizes the labor pool and crowds out all competing industries is a really bad idea.

I've said before that the chances of the ever-delayed Hyperion refinery becoming reality are slim. The business case isn't there. But we can't let our guard down. We have lots of other options for real green energy development that will improve our economy and our environment rather than limit our options. Let's tell Hyperion (and TransCanada!) to take their pipe dreams elsewhere.

Karpen Lobbies Dems for PUC Nod; Where's Zaiko?

Doyle Karpen hits my mailbox, and the mailboxes of other Democratic convention delegates, to ask for our vote to make him the Democratic nominee to challenge Dusty Johnson for the Public Utilities Commission.

I've made clear that I have trouble getting excited about a Democrat (or anyone else) who calls the proposed Hyperion refinery "fantastic" and a "boon." So you can expect my read of Karpen's campaign literature to be less than favorable.

As I read his letter, the first thing I learn is the length of his marriage and the names of his wife, kids, and grandkids. Yes, yes, we all have wonderful families. Yes, I'm proud of my daughter, too, but that doesn't render my political judgment any more valid.

After ascribing his political activities to the inspiration of "the spirit of the pioneers who made our country great," Karpen gets down to the real résumé, citing his experience on township board, school board, and county commission. Interestingly, in discussing his tenure as a Union County Commissioner, he does not mention the words "Hyperion" or "refinery":

Being Chairman of the Union County Commissioners fostered in me the importance of allowing everyone the right to be heard while ensuring that the wishes of the majority are sustained. In the words of Thomas Jefferson, "The most sacred of the duties of a government is to do equal and impartial justice to all citizens" [Doyle Karpen, campaign letter to Democratic convention delegates, June 2010].

Well, at least Karpen is good at spin.

Karpen does mention Hyperion on his online résumé. Karpen says he "focused on laws and ordinances rather than emotions"... since, of course, if you oppose an unsustainable, polluting, economically unviable oil refinery, you're just being emotional.

I'm starting to worry that when Karpen talks about bringing "the pioneer spirit... back to the people of South Dakota," he's really talking code for letting big oil corporations pioneer their projects roughshod right over us natives (ah, just like the 1800s).

But where's our alternative? Challenger John Zaiko hasn't sent out similar mail. He did click "attending" on the Democratic convention Facebook page, so I'm hoping we can have a conversation in Sioux Falls Saturday... and maybe at least one interesting vote at the convention!

Hyperion Delays Construction in Union County

Hyperion's proposed oil refinery in Union County looks more and more like a pipe dream than a solid business plan. Hyperion asserts that they could start building right now, but they have asked (and a judge has agreed) to have the state Board of Minerals and Environment reopen its air permit. Hyperion uproariously claims they have asked for this delay to ensure that their refinery complies with all environmental regulations.

The more likely explanation: Hyperion still can't get the capital it needs to build the Union County refinery. The original air permit set an 18-month time frame for construction, with the latest possible start date in February 2011. By reopening the permit, Hyperion can get the state to offer an 18-month extension. Clever.

Governor Rounds is trying to assure his wealthy golf buddies that the refinery will move forward, but he continues to ignore to obvious: the business case for Hyperion's oil refinery doesn't exist. It will go the way of Big Stone II, brought down not by environmentalists (though we're happy to help) but by sheer economics.

Johnson vs. Karpen for PUC: Who Will Stand Up to Big Oil?

We have a Public Utilities Commission race! We knew incumbent commissioner Dusty Johnson was running, but yesterday the eager Republican sent out a pleasant official announcement (quoted below).

Just announced at last weekend's McGovern Day in Rapid City: a Democrat challenger! Union County Commission chairman Doyle Karpen has thrown his hat in the ring.

Back that up: Union County Commission? As in, the fellas who have been voting consistently along the Hyperion corporate line?

Yeah. Those guys. Karpen has said the Hyperion refinery could be "fantastic"* for the state. For Karpen's public comments on Hyperion are all about the boost in tax revenue and jobs. Karpen joined the unanimous commission vote approving the Hyperion rezoning application and ordinance, under circumstances that one lawyer contended were improper, given the significant amendments that occurred between first and second reading. He was involved in the county's effort to use signage ordinances to stifle free speech during the 2008 county election concerning the Hyperion permit. On his own campaign website, Karpen maintains a conspicuously careful neutrality on the proposed refinery. He also doesn't appear to have much of a sense of humor... at least not when the joke is on Hyperion.

And we Democrats are supposed to get excited about a PUC candidate who's done the bidding of Big Oil? Hmmm... doesn't look like we'll be getting anyone to challenge Johnson's votes for the TransCanada pipelines any time soon.

Yes, there are plenty of other issues for our PUC candidates to debate. But Karpen's record on Hyperion dampens my passion for taking the fight to Dusty.

Karpen and Johnson are both on Facebook. Current fan count: advantage Johnson, 659 to 31.

=======Johnson Press Release=======

Mitchell, SD – Dustin “Dusty” Johnson, the chairman of the state Public Utilities Commission, has officially announced he will seek a second six-year term on the PUC. Johnson says he has successfully kept the promises he made to voters during his first term.

Johnson was elected to his first term in 2004 and has served as the PUC’s chairman in 2007, 2009, and 2010. In his six years on the PUC he has become a recognized leader in working to develop renewable energy resources, expand internet access and cell phone reception, keep utility rates low, and protect consumers.

“Politicians are good at making promises; they aren’t always good at keeping them. Over the last six years, I’ve made good on the commitments I made to voters in 2004. We’ve seen a nearly 1,000 percent increase in wind power, hundreds of new cell phone towers, and thousands of South Dakotans have gained access to high-speed Internet for the first time,” Johnson said. “A common-sense regulatory environment helped make that progress a reality.”

Johnson’s website (www.JohnsonforPUC.com) lists seven areas he promises to focus on in the next six years, including green energy development, energy efficiency, and consumer protection. He believes that with hard work, South Dakota will be able to take advantage of significant opportunities over the next few years.

“From wind power to ethanol to a strong rural broadband network, we have the pieces in place to continue to create jobs and improve the lives of consumers,” Johnson said. “The PUC has helped to lay that groundwork and I am excited to keep working on these issues that impact the lives of families and businesses in South Dakota every day.”

Johnson has been a strong voice for South Dakota consumers. He was the only utilities commissioner in the country to testify before a U.S. Senate committee on how the cap-and-trade legislation would impact consumers. He has served as the lead commissioner on the PUC’s “South Dakota Energy Smart,” an effort promoting energy efficiency, as well as on the PUC’s “Small Renewable Energy Initiative,” designed to encourage small wind and solar projects. Additionally, Johnson serves on the board of directors for the National Association of Regulatory Utility Commissioners.

The political parties will select their nominees for the PUC at state party conventions in June. Voters will then elect one person to the PUC in the general election this November. The Public Utilities Commission has three members elected statewide to staggered six-year terms.

Johnson lives in Pierre and Mitchell. He is married with two children and is involved with numerous state and local community service projects. Those interested in more information can visit www.JohnsonforPUC.com or the campaign Facebook page facebook.com/dustyforsd.

=======Karpen Press Release=======

A proud native South Dakotan, Doyle is running for PUC because he believes it's time to refocus the office on its intended purpose - that of consumer advocacy. The commission was established to protect the South Dakota public and to require utility companies to treat consumers with fairness in implementation of procedures and rates. Doyle wants South Dakotans to receive high quality, safe and reliable public services at fair and affordable rates.

Doyle was raised on a farm in rural Jefferson home by his father, Merlyn, cattleman, farmer, well driller and grain dealer, and his mother, Arlene, teacher and tutor. He studied at the University of South Dakota in Vermillion, earning a Bachelor's degree in Math. Doyle married Deborah Iversen of Gettysburg, SD in 1977. Doyle and Deb reside in Jefferson, SD and have three daughters.

Upon graduation, he worked with his father in the well drilling business and Karpen Grain Co. Karpen Grain Co. is a small agri-business company which serves farmers in Southeast South Dakota, Iowa and Nebraska. Doyle facilitates grain transactions between farmers and the grain terminals and provides transportation of the grain from farm to market.

In addition to a full time job as a self employed small businessman, he’s built a secondary career as public servant serving Union County for nearly two decades. From 1979-1984, Doyle served as the Civil Bend Township as Clerk - a job which required him to conduct Township elections, manage township revenue and expenditures and prepare the annual budget.

He served on the Elk Point Jefferson School board for 9 years (from 1995 to 2004),four of which he served as President. Doyle is in his second term serving on the Union County Board of Commissioners. Union County is in the Southeastern-most county which borders Iowa and Nebraska. He has held the position of Chairman since 2007.

*Update 2010.06.25: KSFY has nuked the link. The original story in which Karpen referred to the Hyperion refinery as fantastic was called "Hyperion Gets Approval," KSFY.com, June 3, 2010. The pertinent text read as follows (as retrieved from Google Cache):

Voters said 'Yes" by a margin of more than a thousand votes. People on all sides of this divisive issue say it was a tough decision. Union County Commission Chairman, Doyle Karpen, says, "environmentally, people have concerns, and at the same time economically, if everything works out the way they say it will, it will be fantastic for the area, the county, the region, the whole state.

Refineries Bring Economic Boom? Well, You Got Boom Right...

South Dakota GOP gubernatorial candidate Dennis Daugaard vows in his economic plan to "Make the Hyperion refinery a reality." He says the proposed Union County oil refinery is an "incredible opportunity for South Dakota," promising jobs and dollars, and he vows as governor to "ensure that environmental extremists and an activist EPA do not prevent this important project from becoming a reality."

O.K., how about safety concerns? Union County Commission candidate Doug Maurstad directs our attention to a new study finding American refineries are exceptionally bad at safety. American refineries apparently lose four times as much money from deadly accidents as overseas refineries. (Is our American know-how limited to making things go boom?)

An explosion at the Tesoro refinery in Anacortes, Washington, Friday killed five workers and critically injured two more. The Tesoro facility had a history of previous safety violations that government regulators arguably did not do enough to punish. U.S. Chemical Safety Board chairman John Bresland says, "The CSB has eighteen ongoing investigations. Of those, seven of these accidents occurred at refineries across the country. This is a significant and disturbing trend that the refining industry needs to address immediately.” CSB is currently investigating accidents at facilities owned by, among others, CITGO, Goodyear, and Exxon.

I'm not sure which is riskier: doing business with current industry players, or trusting Hyperion, a company with no refinery experience at all, to build a time bomb in Union County.

With such a rottten safety record, oil refineries clearly require stricter oversight and regulation. But in Dennis Daugaard's Republican world, efforts to strenghen OSHA and the Chemical Safety Board and protect workers and neighbors from refinery explosions are just "federal efforts to over-regulate and stifle economic growth... erode state autonomy and hurt businesses and families."

Blogger Joins Political Fray: Maurstad for Union County Commission

We have our first notable blogger sighting on a 2010 South Dakota ballot. Doug Maurstad, known online as "Old Cranky," has filed his petitions to run for the Union County Commission. The Alcester Republican tells the Sioux City Journal the current commission is "not open and accessible."

Maurstad has also been a vocal opponent of the proposed Hyperion refinery. He says if, if, IF the refinery is built, he wants to impose some real oversight and control. "Our best interests are not part of [Hyperion's] concerns," Maurstad tells SCJ.

Maurstad has been blogging since May 2008 about the shenanigans between Hyperion and the Union County Commission. He has not hesitated to call Hyperion "sneaky bastards" or to celebrate a small victory for the little guy when the Clay Rural Water unanimously rejected Hyperion's request to hook up to their system.

But watch out, Doug: since the Supreme Court ruled in January that corporations can spend direectly on political campaigns, will we see Hyperion buying fancy billboards and airtime for primary opponent and incumbent Republican Milton Ustad from Beresford?