Over at the Detroit Free Press, Eric Lawrence, one of our favorite reporters, has a follow-up piece to his article a few days ago on last week’s MPSC decision. In this one, he says that we “blasted” the MPSC. We thought our comments to Eric were rather more subdued than that. Rather, it’s in our recent post on the MPSC ruling where we really blasted them. Among the things for which we blasted them was the commission’s astonishing claim that the intervenors’ attempt to introduce the NTSB report into the proceedings was a “red herring.” How a discussion of the federal report on the incident that led to this project in the first place can be described as intentionally misleading– because to intentionally mislead is what the red herring metaphor means– is almost beyond comprehension.

Which makes the most interesting parts of today’s article (in our view)– the ones where  Lawrence quotes a couple of satisfied landowners– especially illuminating. These two landowners provide perfect illustrations of real red herrings.

First up is “Chip Rascher of Oakland County’s Brandon Township.” Chip “said he is pleased the project was approved.” Chip goes on to say that:

he was compensated fairly and expressed surprise that there has been so much “fussing” from some landowners. He said they should have known about the pipeline easement on their properties.

Now, let us say clearly that we’re glad Chip Rascher thinks he was compensated fairly. We’ve never doubted that plenty of landowners have had good experiences on this project. We just wish that were the case for everyone. Chip, on the other hand, seems to think that his experience somehow does stand for everyone’s, which, we are sorry to say, makes his view slightly narrow. After all, it’s really not that hard to imagine that somebody’s experience is different from your own, is it?

But that’s not the red herring part. The red herring is when Chip says that other landowners “should have known about the pipeline easement on their properties.” With all due respect to Chip, this is a pretty silly remark. Whether or not one knew about the pipeline on one’s property (and unlinke Chip we’re assuming everyone did know!) has never been the issue. That’s what makes his statement misleading. We have never heard anyone say, “hey, stop this project! this is the first I’ve heard about a pipeline easement on my property!” Conveniently. his statement makes Chip look like he understands something all those other people do not.

But perhaps Chip Rascher has never had occasion to speak with many of the people we’ve met: people who are not unhappy because Enbridge has an easement on their property, but people who are unhappy with how Enbridge has tried to exercise (or in some cases to overstep) its easement rights. Moreover, in many, many instances Enbridge has needed to acquire new easement rights– that’s what has been a bone of contention for many landowners. More moreover, there is the sticky matter, not of easement rights, but of Enbridge’s need for and taking of “temporary workspace.” And none of this even gets to the matter of how landowners and municipalities have been treated by ROW agents, Enbridge representatives, and construction crews– that is, the way that Enbridge has conducted itself throughout this process. Over the past several months, we have documented dozens of reasons why there has been “fussing”– and not one of those reasons has to do with people not knowing about pipeline easements on their properties.

So, to pretend like all of the “fussing” has only to do with Enbridge’s existing easement rights on people’s property is profoundly misleading; it is, well, a red herring.

The second landowner Eric Lawrence quotes is Enbridge mascot, Michael Milan. You remember him: he’s the rugged fellow with the cool camouflage jacket who also just happens to be a real-life doctor— the guy Enbridge has featured in some of its ads and brochures. And what does the good doctor have to say? Well, there’s this:

“We need all the oil we can get, and the more oil delivered to refineries in the Midwest the less we pay for gasoline,” he said, noting the new pipeline will be an asset. “The quicker we get the old pipe out of commission, the less likely we are to have any more spills.”

On the first point here, Milan is just plain wrong. Neither Enbridge nor Marathon– the company with the Detroit refinery where some of Enbridge’s tar sands oil will go– make any claims that this oil will reduce gas prices. In fact, here is what Marathon says in the FAQ at their “Heavy Oil Upgrade Project” website on that very point:

Will this result in lower prices for gasoline and other petroleum products from the refinery?
We cannot predict the price of gasoline or other petroleum products. Gas prices are determined by a variety of market factors. However, this project will help secure the supply of petroleum products for the state of Michigan by offering an alternate supply source (Canada) whose continuity is not impacted by the weather issues that affect the U.S. Gulf Coast.

But being wrong is not a red herring; it’s just being wrong. It’s Milan’s second statement that gets us closer to the red herring. We should note first of all that Enbridge asserts that the old pipeline is not really at risk of any more spills. If it were, one would assume that it wouldn’t  currently be in use (and it is currently in use!). Rather, Enbridge just states that the new pipeline will allow them to increase capacity– a a claim we certainly do not dispute. Enbridge also says the new pipe will be safer– another point which nobody disputes. After all, compared to a 40 year old pipe, how could it not be safer? So, one point here is that Michael Milan, while he might be a good “face” for Enbridge, what with his medical degree and his hunting gear, doesn’t seem to have a terribly firm grasp of the basic facts of this project.

But what’s really misleading here is the way that Milan’s comments– he describes himself as a “supporter of the project”– imply that other people are “opponents” of the project. But as we have stated time and time and time again, we do NOT oppose the replacement of Line 6B. We don’t know anybody who is against Enbridge getting a new pipeline. To suggest otherwise in the face of repeated clear and unequivocal statements to the contrary (Beth Wallace of the NWF was crystal clear about this recently in the San Francisco Chronicle) is either just obtuse or intentionally misleading– a red herring.