Honestly, it gives us no particular pleasure to spend our time pointing out the untruths that tumble from the mouths of Enbridge p.r. hirelings. Quite the contrary. All we really want is for them– for Enbridge– to tell the truth, to be honest and forthright and transparent in the way that they say they are, in the way that their corporate values state they will be. Unfortunately, this seems to be very difficult for them.
So, to repeat, it gives us no pleasure to have to once again point out that the things Enbridge spokesperson Jennifer Smith says cannot be trusted (and more). At the same time, it’s not our fault that she continues to deal so very disingenuously with the public. The latest example of this comes from a new report in the Times of Northwest Indiana about yet another Enbridge pipeline project that will cut across a portion of northern Indiana (and Illinois), as part of Enbridge’s ever expanding tangled network of Great Lakes region pipeline projects.
According to the article, Enbridge is preparing to clear some land– some of it publicly and other parts privately owned– in Lake County to make room for their new Line 78 pipeline. This clearing will evidently include taking down quite a number of very large trees, some of them more than a hundred years old. This is understandably troubling to many of the locals and troubling to us as well (long time readers of this blog know that we are especially sensitive when it comes to the removal of trees; Enbridge, by contrast, just doesn’t care).
But even more disturbing is Jennifer Smith’s rationale for the removal of the trees. Her explanation is– to be frank– just plain b.s. From the article:
This fall, crews will start clearing a path for the new pipeline, which will run for about five miles in western Lake County. Enbridge also plans to soon start clearing land around its existing Line 62 pipeline in Dyer and Schererville, spokeswoman Jennifer Smith said. The company will remove mostly large trees, but also any brush, sheds or pools that encroach on the utility right of way because of federal regulations that require the land to be left open for maintenance and emergency response. [italics added]
And later:
Enbridge regrets trees have to come down, but is clearing the land for safety reasons and to comply with federal regulations and industry best practices, Smith said. The company is required to fly a helicopter over the pipeline 26 times a year to make sure there are no encroachments that could slow down response times in the event of an emergency.
Smith makes it sound as if Enbridge has no choice but to remove all those trees, as if Enbridge is doing it in order to comply with federal regulations. She also seems to suggest that federal regulations require Enbridge to fly a helicopter over the line 26 times a year. However, neither one of those things is true. Let’s be clear about this: there are NO federal regulations that stipulate trees cannot be in the right of way and there are NO federal regulations that require operators to fly over the right of way 26 times a year.
For clarity, we checked with one of the people who knows these regulations better than anyone: Rebecca Craven at the Pipeline Safety Trust. Rebecca pointed us to federal law 49 CFR 195.412(a):
Each operator shall, at intervals not exceeding 3 weeks, but at least 26 times each calendar year, inspect the surface conditions on or adjacent to each pipeline right of way. Methods of inspection include walking, driving, flying, or other appropriate means of traversing the right of way.
You see: operators DON’T have to inspect surface conditions by flying over; there are plenty of other ways to traverse the right of way, like walking or driving. You will also notice that there is not a word about trees in the right of way. In most cases, that is a matter addressed in easement agreements, many of which, we are quite certain, do NOT prohibit trees and other vegetation in the right of way. Ours didn’t, for example, even though we were told on numerous occasions that trees are not allowed in the right of way.
Of course, if we’re being generous, it is possible the reporter of the story somehow got Jennifer Smith’s remarks wrong– though we doubt it. It’s also possible that Jennifer Smith meant to say that these are not actually matters of federal regulation, but matters of “industry best practices.” But even in that case, “best” really only means “best for the industry,” not for landowners and communities. Further, what “best” actually means in matters like this– flyovers and trees– is “easiest” for the operator (that is, for Enbridge). It’s easier for Enbridge to work in a right of way that’s been decimated and cleared of trees. It’s easier for Enbridge to fly over a right of way in a helicopter than it is to inspect it on foot. Whether those things are “best” is another question altogether. Whether they are “required,” by contrast, is not in question at all. They are absolutely not required.
The bottom line: once again Jennifer Smith and Enbridge are not telling the good citizens of Indiana the truth.