US court dismisses Keystone XL water permit appeal

  • Spanish Market: Crude oil
  • 13/08/21

A federal court dismissed a lawsuit challenging a nationwide water permit in a case involving the now cancelled Keystone XL crude pipeline.

The appeals in the case are moot because the Army Corps of Engineers in April issued a new version of the nationwide permit program known as NWP-12 which supersedes the previous permit, according to a ruling this week in the 9th US Circuit Court of Appeals.

"These interlocutory appeals and the underlying claim that is the subject of these appeals are moot," the ruling said.

The 9th Circuit also remanded the case to the lower court with instructions to dismiss the underlying claim but also said it takes "no position on whether the underlying cases are moot in their entirety."

The underlying case challenged the NWP-12 permit for TC Energy's 830,000 b/d Keystone XL pipeline project.

The 9th Circuit was hearing the case after a federal district court judge in Montana in April 2020 vacated the entire NWP-12 program and sent it back to the Army Corps of Engineers while ruling on the Keystone XL case. It also said the Army Corps failed to follow endangered species consultation requirements when it developed the NWP-12 program. The US Supreme Court in July 2020 re-instated the NWP-12 permit while the case was pending but not as it applied to Keystone XL.

The Army Corps issued a revised NWP-12 permit earlier this year with some changes, such as a more exhaustive review of pipelines that are longer than 250 miles (402km).

The NWP-12 approves some types of construction without the need of site-specific review, and in past years general permits have taken 40 days to process as opposed to more than 200 days for site-specific permits.

TC Energy [officially cancelled Keystone

XL](https://direct.argusmedia.com/newsandanalysis/article/2223344) in June after years of regulatory and legal delays. The company had previously suspended construction on the $8bn line after President Joe Biden rescinded a cross-border permit within hours of taking office in January. Biden said that Keystone XL is not in the US national interest because the US and the world "face a climate crisis."

The line would have moved crude from Hardisty, Alberta, to Steele City, Nebraska, where it would have connected with other pipelines to Cushing, Oklahoma, and the southeast Texas coast.

TC Energy is seeking to recover $15bn from the US government, claiming that Biden's revocation of the Keystone cross-border permit breached US obligations under the North American Free Trade Agreement (NAFTA), which was the precursor to US-Mexico-Canada Agreement (USMCA).


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29/04/24

Production, patience driving Canada’s oil sands profits

Production, patience driving Canada’s oil sands profits

Calgary, 29 April (Argus) — Canadian oil sands operators enjoying firm profits on strong production are getting ready for a major boost when a new export pipeline to the Pacific coast goes into commercial service this week. The federally owned 590,000 b/d Trans Mountain Expansion (TMX) remains on track to start operations on 1 May, and the line has already started to bear fruit. More than 4mn bl of Canadian crude is being pushed into the C$34bn ($25bn) expansion for linefill, helping to work down inventory levels in Alberta while lifting local prices relative to international benchmarks, as intended. The largest four oil sands companies — Canadian Natural Resources (CNRL), Cenovus, Suncor, and Imperial Oil — are all shippers on the expansion. They closed 2023 with a new production record of 3.6mn b/d of oil equivalent (boe/d) combined in the fourth quarter, and are targeting further increases as they plan to fill the new pipeline. About 80pc of their output comes from their core oil sands businesses, with the balance from natural gas and offshore projects. The higher output compensated for a slight dip in prices, helping to push profits higher. First-quarter 2024 results are likely to be a similar story, but it is the second quarter when producers look ready to shine as prices climb to multi-month highs. A combined profit of C$26bn in 2023 was a stellar result for the big four oil sands operators, despite a 25pc decline from the record C$34bn set the previous year. Their massive projects are agnostic to daily price swings, instead focused on uptime, long-term fundamentals and capitalising on key step-changes such as the one TMX presents. Patience in the oil sands is key. TMX will cater largely to heavy crude producers, which saw diluted bitumen prices in Alberta rise only slightly quarter on quarter to $58/bl in the first quarter. But climbing global benchmarks in April and a shrinking heavy sour discount with the help of TMX linefill now has the outright price for the crude approaching $70/bl. This is above guidance given in 2024 corporate budgets, and far above oil sands operating costs that for some are as low as $12/bl. The TMX factor TMX will nearly triple the existing 300,000 b/d Trans Mountain system that connects oil-rich Alberta to the docks in Burnaby, British Columbia. The expansion was first conceived more than a decade ago with the intention of being operational by late-2017, but cost overruns and repeated delays put the project in jeopardy. Canadian producers that sought growth during that period of frustration are poised to take advantage of this new era of excess export capacity. CNRL, Cenovus and Suncor have been significant buyers in the oil sands in recent years, doubling down on the world's third-largest deposit of oil while many international companies fled amid regulatory uncertainty. The government itself enabled a foreign operator to leave Canada, buying the Trans Mountain system from Kinder Morgan in 2018. But as Prime Minister Justin Trudeau's Liberal party sees TMX to completion, and then the line's planned sale, it is also readying legislation towards something more on-brand for climate-concerned Ottawa: carbon capture. A carbon capture and storage (CCS) project spearheaded by Pathways Alliance — a consortium of the six largest oil sands producers — is awaiting federal and provincial help to push their proposal forward. Federal incentives are soon to become law, the Trudeau government said this month, with the expectation that tax credits will advance the massive C$16.5bn project and start to offset oil sands greenhouse gas emissions to meet net zero pledges for all parties involved. TMX represents a new era for Canadian crude producers, but so too does CCS, as it could attract even more investment into Alberta's oil sands region. By Brett Holmes Send comments and request more information at feedback@argusmedia.com Copyright © 2024. Argus Media group . All rights reserved.

S Korea’s SK Innovation sees firm 2Q refining margins


29/04/24
29/04/24

S Korea’s SK Innovation sees firm 2Q refining margins

Singapore, 29 April (Argus) — South Korean refiner SK Innovation expects refining margins to remain elevated in this year's second quarter because of continuing firm demand, after achieving higher operating profits in the first quarter. SK expects demand to remain solid in the second quarter given a strong real economy, expectations of higher demand in emerging markets and continuing low official selling price (OSP) levels. This is despite the US Federal Reserve's high interest rate policy and oil price rallies, which are weighing on crude demand. The company's sales revenue dropped to 18.9 trillion won ($13.7bn) in the first quarter, down by 3.5pc on the previous quarter. Its energy and chemical sales accounted for 91pc of total revenue, while battery and material sales accounted for the remaining 9pc. But SK's operating profit increased to W624.7bn in January-March from W72.6bn the previous quarter. This came as its refining business flipped from an operating loss of W165bn in October-December to an operating profit of W591.1bn in the first quarter. SK attributed this increase to elevated refining margins because of higher oil prices, as well as Opec+ production cut agreements and OSP reductions. First-quarter gasoline refining margins almost doubled on the previous quarter from $7.60/bl to $13.30/bl, although diesel and kerosine edged down to $23.10/bl and $21.10/bl respectively. SK Innovation's 840,000 b/d Ulsan refinery operated at 85pc of its capacity in the fourth quarter, steady from 85pc in the previous quarter but higher than 82pc for all of 2023. The refiner's 275,000 b/d Incheon refinery's operating rate was at 88pc, up from 84pc in the fourth quarter and from 82pc in 2023. SK plans to carry out turnarounds at its 240,000 b/d No.4 crude distillation unit and No.1 residual hydrodesulphuriser, both at Ulsan, in the second quarter. Its No.2 paraxylene unit in Ulsan will have a turnaround in the same quarter. By Tng Yong Li Send comments and request more information at feedback@argusmedia.com Copyright © 2024. Argus Media group . All rights reserved.

Singapore’s Jadestone cuts 2024 output guidance


29/04/24
29/04/24

Singapore’s Jadestone cuts 2024 output guidance

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Lyondell Houston refinery to run at 95pc in 2Q


26/04/24
26/04/24

Lyondell Houston refinery to run at 95pc in 2Q

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US M&A deals dip after record 1Q: Enverus


26/04/24
26/04/24

US M&A deals dip after record 1Q: Enverus

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