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  • 2017-11-17 16:05:27
  • Article ID: 685450

Keystone XL Spill: Defining 'Public Interest' as Nebraska decision looms

  • Michael R. Barsa, Professor of Practice Co-Director of the Environmental Law Concentration

CHICAGO --- On Thursday, 5,000 barrels of oil leaked from the controversial Keystone XL pipeline in South Dakota. The leak comes as neighboring Nebraska is set to decide on the long-delayed pipeline on Monday.

Michael Barsa, a professor of practice at Northwestern Pritzker School of Law, is an experienced litigator in high-profile environmental and natural resources cases. While in private practice, he defended major oil companies after spills. He also has written about oil spills as part of his work on the Deepwater Horizon disaster. He can be reached at 312-608-8824 (cell) or m-barsa@law.northwestern.edu.

“Pipelines leak. That’s just a fact of life,” Barsa said. “The real question is: Knowing that pipelines leak, does the public interest still support building one through Nebraska?”

Barsa notes that the Federal Pipeline Safety Act of 1994 expressly pre-empts state pipeline safety laws, which means the Nebraska Public Service Commission – the body charged with deciding on the pipeline – technically cannot take into account pipeline safety, and thus, spills, when making its decision.

“But that’s not how the real world works,” Barsa said. “Nebraska still has the power to decide whether the pipeline is in the ‘public interest,’ and Nebraska has defined ‘public interest’ broadly to mean protecting the welfare of Nebraskans, which includes property rights, aesthetic values and state natural resources, such as water and agriculture.”

The pipeline would carry crude oil to refineries in the Gulf of Mexico, two-thirds of which is exported, Barsa notes. Because oil is a global product, the State Department has said that the effect of the pipeline on gas prices would be minimal.

“At the same time, when a leak or spill does happen, it can take generations for the land and resources to recover,” Barsa said. “Nearly 30 years after the Exxon Valdez spill, Prince William Sound in Alaska is still feeling the effects, with over 20,000 gallons of oil still contaminating the soil, numerous species yet to recover and tourism and fishing still decimated.

“Perhaps it’s time for states like Nebraska to take a long-term view of what ‘public interest’ means,” Barsa said.

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Coupling Experiments to Theory to Build a Better Battery

A Berkeley Lab-led team of researchers has reported that a new lithium-sulfur battery component allows a doubling in capacity compared to a conventional lithium-sulfur battery, even after more than 100 charge cycles.

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Scientists used spiraling X-rays at Berkeley Lab to observe, for the first time, a property that gives left- or right-handedness to swirling electric patterns - dubbed polar vortices - in a layered material called a superlattice.

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By combining the latest developments in neutron scattering and theory, researchers are close to predicting phenomena like superconductivity and magnetism in strongly correlated electron systems. It is likely that the next advances in superconductivity and magnetism will come from such systems, but they might also be used in completely new ways such as quantum computing.

ORNL Researchers Use Titan to Accelerate Design, Training of Deep Learning Networks

For deep learning to be effective, existing neural networks to be modified, or novel networks designed and then "trained" so that they know precisely what to look for and can produce valid results. This is a time-consuming and difficult task, but one that a team of ORNL researchers recently demonstrated can be dramatically expedited with a capable computing system.

Dark Energy Survey Publicly Releases First Three Years of Data

At a special session held during the American Astronomical Society meeting in Washington, D.C., scientists on the Dark Energy Survey (DES) announced today the public release of their first three years of data. This first major release of data from the Survey includes information on about 400 million astronomical objects, including distant galaxies billions of light-years away as well as stars in our own galaxy.

Ingredients for Life Revealed in Meteorites That Fell to Earth

A detailed study of blue salt crystals found in two meteorites that crashed to Earth - which included X-ray experiments at Berkeley Lab - found that they contain both liquid water and a mix of complex organic compounds including hydrocarbons and amino acids.


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Kelsey Stoerzinger Earns Young Investigator Lectureship

Kelsey Stoerzinger, Pauling Fellow at Pacific Northwest National Laboratory, is one of the 2018 Caltech Young Investigator Lecturers in Engineering and Applied Physics.

North Dakota State University Joins Two National Distributed Computing Groups

The NDSU Center for Computationally Assisted Science and Technology (CCAST) joins OSG (Open Science Grid) and XSEDE (Extreme Science and Engineering Discovery Environment).

DOE Announces Funding for New HPC4Manufacturing Industry Projects

The Department of Energy's Advanced Manufacturing Office (AMO) today announced the funding of $1.87 million for seven new industry projects under an ongoing initiative designed to utilize DOE's high-performance computing (HPC) resources and expertise to advance U.S. manufacturing and clean energy technologies.

DOE Announces First Awardees for New HPC4Materials for Severe Environments Program

The Department of Energy's Office of Fossil Energy (FE) today announced the funding of $450,000 for the first two private-public partnerships under a brand-new initiative aimed at discovering, designing and scaling up production of novel materials for severe environments.

Two Argonne Scientists Recognized for a Decade of Breakthroughs

Two scientists with the U.S. Department of Energy's (DOE) Argonne National Laboratory have been named to the Web of Science's Highly Cited List of 2017, ranking in the top 1 percent of their peers by citations and subject area. Materials Scientist Khalil Amine and Energy and Environmental Policy Scientist David Streets say they are thrilled to see their work -- and the laboratory -- recognized in such a way.

Argonne Welcomes Department of Energy Secretary Perry

U.S. Department of Energy Secretary Rick Perry visited Argonne National Laboratory yesterday, getting a first-hand view of the multifaceted and interdisciplinary research program laboratory of the Department.

Argonne names John Quintana Deputy Laboratory Director for Operations and COO

John Quintana has been named Deputy Laboratory Director for Operations and Chief Operations Officer (COO) of the U.S. Department of Energy's (DOE) Argonne National Laboratory.

Developing Next-Generation Sensing Technologies

Recently, the Advanced Research Projects Agency-Energy (ARPA-E) announced $20 million in funding for 15 projects that will develop a new class of sensor systems to enable significant energy savings via reduced demand for heating and cooling in residential and commercial buildings.

Supporting the Development of Offshore Wind Power Plants

Offshore wind is becoming a reality in the United States, especially in the northeast states. To support this development, the Center for Future Energy System (CFES) at Rensselaer Polytechnic Institute will present a webinar titled "Turbine and Transmission System Technologies for Offshore Wind (OSW) Power Plants." The program will be held on Wednesday, Dec. 20, from 2 to 4 p.m. Advance registration is required.

LLNL Releases Newly Declassified Nuclear Test Videos

Researchers at Lawrence Livermore National Laboratory (LLNL) released 62 newly declassified videos today of atmospheric nuclear tests films that have never before been seen by the public.


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Exploring Past, Present, and Future Water Availability Regionally, Globally

New open-source software simulates river and runoff resources.

Arctic Photosynthetic Capacity and Carbon Dioxide Assimilation Underestimated by Terrestrial Biosphere Models

New measurements offer data vital to projecting plant response to environmental changes.

DRIFTing to Fast, Precise Data

Non-destructive technique identifies key variations in Alaskan soils, quickly providing insights into carbon levels.

Superconducting Tokamaks Are Standing Tall

Plasma physicists significantly improve the vertical stability of a Korean fusion device.

Graphene Flexes Its Muscle

Crumpling reduces rigidity in an otherwise stiff material, making it less prone to catastrophic failure.

Remotely Predicting Leaf Age in Tropical Forests

New approach offers data across species, sites, and canopies, providing insights into carbon uptake by forests.

What's the Noise Eating Quantum Bits?

The magnetic noise caused by adsorbed oxygen molecules is "eating at" the phase stability of quantum bits, mitigating the noise is vital for future quantum computers.

Rewritable Wires Could Mean No More Obsolete Circuitry

An electric field switches the conductivity on and off in atomic-scale channels, which could allow for upgrades at will.

Filtering Water Better than Nature

Water passes through human-made straws faster than the "gold standard" protein, allowing us to filter seawater.

Machine Learning Provides a Bridge to the Texture of the Quantum World

Machine learning and neural networks are the foundation of artificial intelligence and image recognition, but now they offer a bridge to see and recognize exotic insulating phases in quantum materials.


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