Diamond Demise

The unfortunate fact of the matter is that, despite adherence to safety guidelines and regulations, oil spills still do occur. – Judge Jennifer Walker Elrod

Last Monday, Judge Elrod of the United States Court of Appeals for the Fifth Circuit, gave ExxonMobil an early Christmas present. If a pipeline operator proves they followed minimal safety guidelines, the victims are on their own. Pipelines are not liable for damages.

Diamond low-cost high-risk route

There are many ways to go from point A to point B. The shortest route is a straight line. Safe pipelines avoid sensitive environmental areas. Diamond chose the low-cost, high-risk route, crossing 500 waterways and 11 watersheds.

In March 2014, the Arkansas Department of Health requested the full Diamond route from the Army Corps of Engineers. ADH’s request was ignored. Diamond provided crude cartoon maps. Other state agencies had similar concerns. The Arkansas Game & Fish Commission, Department of Natural Heritage and Natural Resources Commission, did their best to keep Diamond away from the most sensitive areas. Diamond’s route on private land avoided an Environmental Impact Statement. Diamond abused Arkansas laws and made false statements to get Public Service Commission river navigation approval.

What else is Diamond hiding?

No one has seen the engineering specifications for the line; the span and location of shutoff valves, for example, would determine the volume of the shale crude flowing at high pressure when a pipe ruptures. What other shortcuts did they take?

Clarksville Light and Water in Johnson County found out about Diamond from ADH and was the only utility to oppose the line. Dover and other utilities were left in the dark. According to John Lester, CL&W general manager, “Diamond said it was told by the Corps of Engineers that it should use the route, but the Corps has said that’s not exactly true.” Diamond’s routing claim does not hold water, the Corps doesn’t work for Diamond. The Corps manages rivers and dams. They are not pipeline engineers.

Diamond claims their team walked the entire route and met with county representatives. The fictional team missed the water intake for the 28,000-member CL&W utility. Diamond forced CL&W to relocate their water intake, and withheld the escrow funds until the day of the hearing.

Diamond abuse and intimidation

Diamond took opposing landowners to court, threatening to condemn their properties. To avoid a PSC denial, Diamond played hardball with CL&W and took them out of the hearings.

Diamond is not needed

Diamond is an export pipeline. Diamond is not going to lower the price of gasoline. The Valero refinery is not running out of crude.

Diamond is not wanted

“Is Diamond Safe?” and “Why would Diamond pay?” in last week’s Independent, show Diamond is unsafe and not liable. Arkansas does not have resources to deal with new pipeline disasters. Arkansas state agencies choose to ignore the clear and present danger, without emergency response plans. FEMA is not going to clean up and pay for damages. For as long as crude flows, Diamond is an unacceptable public health threat.

The world we create

Charlottesville violence shows the fabric of the nation is divided. Environmental justice is an important part of the struggle to protect and maintain a clean and healthy environment, especially for those who live, work and play closest to the sources of pollution. Toxic towns in Tennessee, Arkansas, and Oklahoma need protection, not pollution.

In the context of the Climate Emergency, why would we choose to destroy vital ecosystems with highly toxic chemicals? Why would we ignore the combined impact of severe floods, droughts, and high temperatures? Toxic waste on land and rivers puts the burden of poisons causing illness on the victims.

Diamond must stop

If Diamond completes the line and starts pumping 200,000 barrels per day of shale crude oil, the first disaster would be 10 times the Mayflower tragedy. Seismic activity from the New Madrid Fault will rupture the pipeline under the Mississippi River. Benzene and toluene gases spread for miles; if you are close enough to smell the fumes you may die. The fact of the matter is, Diamond construction must stop. Why would Arkansas representatives remain silent?

Dr. Luis Contreras