Proposed Keystone XL Pipeline: Legal Issues

[Excerpt] In 2008, TransCanada Corp. applied for a presidential permit from the State Department to construct and operate an oil pipeline across the U.S.-Canada border in a project known as Keystone XL. The Keystone XL pipeline would transport oil produced from oil sands in Alberta,Canada, to Gulf Coast refineries. The permit application was subjected to review by the State Department pursuant to executive branch authority over cross-border pipeline facilities as articulated in Executive Order 13337. After several phases of review, on November 10, 2011, the State Department announced that it would seek additional information about alternative pipeline routes before it could move forward with a national interest determination. In response, several pieces of legislation were introduced, including Title V of the Temporary Payroll Tax Cut Continuation Act of 2011. Title V dictated that President must grant the Keystone XL pipeline permit within 60 days of the law’s enactment, unless the President determined that the pipeline is not in the national interest. If the President did not make a national interest determination and took no action to grant the permit, then the law provided that the permit “shall be in effect by operation of law.” The Temporary Payroll Tax Cut Continuation Act of 2011 (P.L. 112-78), including Title V addressing the Keystone XL permit, was enacted on December 23, 2011. Pursuant to the requirements of Title V, on January 18, 2012, the State Department recommended that “the presidential permit for the proposed Keystone XL pipeline be denied and, that at this time, the TransCanada Keystone XL Pipeline be determined not to serve the national interest. ”The same day, the President stated his determination that the Keystone XL pipeline project“ would not serve the national interest. ”New legislative activity with respect to the permitting of border-crossing facilities, a subject previously handled exclusively by the executive branch, has triggered inquiries as to whether this raises constitutional issues related to the jurisdiction of the two branches over such facilities. Additionally, as states have begun to contemplate taking action with respect to the pipeline siting, some have questioned whether state siting of a pipeline is preempted by federal law. Others argue that states dictating the route of the pipeline violates the dormant Commerce Clause of the Constitution which, among other things, prohibits one state from acting to protect its own interests to the detriment of other states. This report reviews those legal issues. First, it suggests that legislation related to cross-border facility permitting is unlikely to raise significant constitutional questions, despite the fact that such permits have traditionally been handled by the executive branch alone pursuant to its constitutional “foreign affairs” authority. Next, it observes generally that state oversight of pipeline siting decisions does not appear to violate existing federal law or the Constitution. Finally, the report suggests that State Department’s implementation of the existing authority to issue presidential permits appears to allow for judicial review of its National Environmental Policy Act determinations

Keystone XL Pipeline: Overview and Recent Developments

[Excerpt] This report describes the Keystone XL Pipeline Project and the process that the State Department must complete to decide whether it will approve or deny TransCanada’s permit application. The report also discusses key energy security, economic, and environmental issues relevant to the State Department’s national interest determination. Some of these issues include perspectives among various stakeholders both in favor of and opposed to the construction of the pipeline. Finally, the report discusses the constitutional basis for the State Department’s authority to issue a Presidential Permit, and opponents’ possible challenges to this authority

Enhancing Science for ELLs: Science strategies for English language learners that benefit all students.

Most of us recall the first time we had English Language Learners (ELLs) in our classrooms. What does this child understand? How do I help her feel comfortable when I can’t communicate in the same language? How do I teach academic subjects and monitor progress when he doesn’t speak the language of instruction? How will her peers act toward her? These concerns are often coupled with a fear that spending valuable instructional time helping the ELLs may cause us to neglect the bulk of our class who are not ELLs

Nitrogen availability and forest productivity along a climosequence on Whiteface Mountain, New York

We studied broadleaf and needle-leaf forests along an elevation gradient (600–1200 m) at Whiteface Mountain, New York, to determine relationships among temperature, mineral N availability, and aboveground net primary productivity (ANPP) and controls on the latter two variables. We measured net N mineralization during the growing season, annual litterfall quantity and quality, aboveground woody biomass accumulation, and soil organic matter quality. Inorganic N deposition from cloudwater markedly increases mineral N availability above 1000 m in this region. Consequently, mineral N availability across the climosequence remains relatively constant because N mineralization decreases with increasing elevation. Across this climosequence, air temperature (as growing season degree-days) exerted the most control on ANPP. Nitrogen mineralization was most strongly related to soil growing season degree-days and less so to lignin to N ratios in litter. ANPP was correlated with N mineralization but not with mineral N availability. Combining our data with those from similar studies in other boreal and cool temperate forests shows that N mineralization and ANPP are correlated at local, regional, and interbiome scales. Regarding the persistent question concerning cause and effect in the N mineralization – forest productivity relationship, our data provide evidence that at least in this case, forest productivity is a control on N mineralization

ARIADNE - A novel optical LArTPC: technical design report and initial characterisation using a secondary beam from the CERN PS and cosmic muons

ARIADNE is a 1-ton (330 kg fiducial mass) dual-phase liquid argon (LAr) time projection chamber (TPC) featuring a novel optical readout. Four electron-multiplying charge-coupled device (EMCCD) cameras are mounted externally, and these capture the secondary scintillation light produced in the holes of a thick electron gas multiplier (THGEM). Track reconstruction using this novel readout approach is demonstrated. Optical readout has the potential to be a cost effective alternative to charge readout in future LArTPCs. In this paper, the technical design of the detector is detailed. Results of mixed particle detection using a secondary beam from the CERN PS (representing the first ever optical images of argon interactions in a dual-phase LArTPC at a beamline) and cosmic muon detection at the University of Liverpool are also presented.Comment: 58 pages, 40 figures. Changes from previous version based on pre-publication review: improved quality of various figures, improved clarity of some definitions and reduced longer sentences for better readability, fixed typos and formatting error

Volkswagen, Defeat Devices, and the Clean Air Act: Frequently Asked Questions

This report provides answers to a series of frequently asked questions focusing on a description of modern diesel technologies, their market and emissions profiles, and some potential reasons that could underlie the use of defeat devices. It summarizes the specific allegations filed against VW under the Clean Air Act, the current status of federal and state investigations, and the potential civil and criminal penalties. Further, the report introduces several outstanding issues currently under debate regarding the Environmental Protection Agency's (EPA's) resources and activities, and issues surrounding VW's defeat device