WA Supreme Court James Price Point ruling- A Wrap - YouTube

WA Supreme Court James Price Point ruling- A Wrap - YouTube


On Aug 19, 2013, the WA Supreme Court ruled all James Price Point environmental approvals invalid. This video explains in a nutshell the clear outcomes and what it means to the plantiffs (the victors) Goolarabooloo Law Boss Richard Hunter, The Wilderness Society staff and a solicitor from the Environmental Defenders Office. Costs were awarded to the platiffs. Thanks to John Butler for the music 'Revolution'. This truly is a revolutionary outcome and is likey to change government processes into the future...

Wrecking the Earth: Fracking has grave radiation risks few talk about — RT Op-Edge

Wrecking the Earth: Fracking has grave radiation risks few talk about — RT Op-Edge

Fracking contamination

The issue of natural radioactivity and fracking gas was raised by my friend, Marvin Resnikoff, who was an expert on the NORM cases. He has examined the fracking situation in relation to the exploitation of the Marcellus Shale gas, New York State.  He pointed out that there were two critical issues. There is the concentration of Radium-226 in the rock. Then there is the length of time it takes for the gas to get to the kitchen.

Radon has a half-life of about four days, and so if the gas takes a short time to get from the well production site to the consumer, then levels in the kitchen can be significant. He calculated that there would be between 1,000 and 30,000 extra lung cancers in New York State from such an exposure. And that no one in environmental protection agencies had paid any attention to this issue. 

Equipment used for the extraction of natural gas is viewed at a hydraulic fracturing site. (AFP Photo / Spencer Platt)

This is certainly of concern, but there are other issues. The process water (and chemicals) certainly contaminates the areas around the gas production machinery. In a recent court case I was involved with in Louisiana there was a gas distribution plant that was scarily radioactive, and the land around it was also radioactive. I also studied oil well production areas in a Kentucky court case. The process water dissolves Radium-226 and this precipitates as scale on the pipes and tanks and is left on the ground  near the wellheads and distribution facilities. The transfer pipes are radioactive. One of the worst radionuclides left behind is the Radon daughter Lead-210 which has a longish half-life (22 years) and builds up in these situations as a fine dust. It gets into the gas stream as nanoparticles and I believe it remains in the gas stream. It decays to Bismuth-210 which immediately decays to the alpha emitter Polonium-210 with a half-life of 138 days.

Fracking will increase the amount of Radon in the extracted gas. Why? Because of the high surface area created by smashing up the rock. In the simple gas or oil well there is a big cavern. The radon seeps out of the wall which has a surface area equal to that of the cavern wall. But in the case of the fracked strata, the surface area out of which the Radon can seep is enormously enhanced. So a faster Radon transfer can occur.

Post by Greenpeace UK.

Committee Details: Inquiry into the Implications for Western Australia of Hydraulic Fracturing for Unconventional Gas

		Inquiry into the Implications for Western Australia of Hydraulic Fracturing for Unconventional Gas
Date Commenced:		08/07/2013

 Details

Inquiry Status:		Current
Committee Name:		Environment and Public Affairs Committee
House:		Legislative Council
Members Conducting Inquiry
Members:		Hon. Simon O'Brien MLC Hon. Stephen Noel Dawson MLC Hon. Brian Charles Ellis MLC Hon. Paul John Brown MLC Hon. Samantha Helen Rowe MLC
Media Statements:

Staff Members:

Ms Irina Lobeto-Ortega, LLB, BA, GradDipLP (Advisory Officer (Legal)) Ms Amanda Gillingham, BA (Hons) (Research Officer) Ms Margaret Liveris, Dip Pub Admin (Committee Clerk)

Contact Details
Phone No:		9222 7229
Fax No:		9222 7805
Email:		Click here to send an email to this Committee
Terms of Reference:		On 7 August 2013, the Committee resolved to inquire into and report on the implications for Western Australia of hydraulic fracturing for unconventional gas, including: a) how hydraulic fracturing may impact on current and future uses of land; b) the regulation of chemicals used in the hydraulic fracturing process; c) the use of ground water in the hydraulic fracturing process and the potential for recycling of produced water; and d) the reclamation (rehabilitation) of land that has been hydraulically fractured.
Important Information
Legislative Council Guide to Making Submissions to a Parliamentary Committee
Deadline for Submissions:		09/20/2013

Woodside challenges critics - Yahoo!7

Woodside challenges critics - Yahoo!7

"It's not an either or situation," Mr Coleman said yesterday. "It's not a situation of choosing James Price Point versus floating.

"We spent almost $2 billion to get James Price Point to work. I don't know how people can expect companies to spend any more money than that trying to make a development commercially viable.

"James Price Point simply didn't work. Period. So talking about local content in the context of a project that won't get built is kind of a hollow discussion."

Mr Coleman was talking after handing down Woodside's $US873 million ($966.1 million) interim net profit, up 7.5 per cent on the six months to June 30, 2012. Woodside declared an US83¢ interim dividend. Woodside shares fell 60¢ to $38.10.

The World Today - Woodside announces plans to process gas offshore 20/08/2013

The World Today - Woodside announces plans to process gas offshore 20/08/2013

CAITLYN GRIBBIN: Woodside has this morning told the Australian Stock Exchange it plans to process gas out of the Kimberley's Browse Basin, using floating LNG technology.

In April, Woodside abandoned plans to process the gas onshore at a proposed hub at James Price Point, north of Broome.

That project was always controversial and yesterday, the WA Chief Justice Wayne Martin ruled that some of the approvals for the development were unlawful.

Now, with the approval from joint venture partners, Woodside will proceed with floating LNG technology, which analyst Peter Strachan says will process gas on a huge platform.

Premier Colin Barnett admits failing WA on Woodside's plans for James Price Point project - ABC News (Australian Broadcasting Corporation)

Premier Colin Barnett admits failing WA on Woodside's plans for James Price Point project - ABC News (Australian Broadcasting Corporation)

"I've just said I failed. Ok? Are you satisfied? I failed," he said.

"Ridicule me if you wish to, laugh me out of public office if you wish to but I did everything possible.

"I sat down on the beach with the Aboriginal people, I negotiated with Aboriginal people, I reached agreement with them when you said it could never be done.

"And, now you seem to take some glee and joy in that the greatest opportunity for economic independence of Aboriginal people has been lost."

SBS On Demand | TV and Online Video - James Price Point project 'dead and buried'

SBS On Demand | TV and Online Video - James Price Point project 'dead and buried'

An indigenous elder and The Wilderness Society have succeeded in delivering an embarrassing legal blow, to the W.A. government's plans for a multi-billion dollar gas hub, at James Price Point in the Kimberley. The state's chief justice has backed their case, ruling environmental approval for the project was unlawful. The scheme was already in limbo and the Wilderness Society now says it's dead and buried.

"attempting to rewrite history"

In the light of yesterdays supreme Court ruling against the proposed Kimberley gas hub Red Hand would like to remind you what Vogel said in Dec 2011. 

The head of WA's environment watchdog has accused green groups of rewriting history and lacking objectivity by ignoring the previous detailed approval process for Woodside Petroleum's contentious $40 billion Browse project.

Environment Protection Authority chairman Paul Vogel made the comments after he yesterday approved Woodside's so-called derived plans for a 25 million tonnes per annum LNG facility at James Price Point, north of Broome.

The green light for the plant was given under the umbrella of a broader strategic approval process for the entire, larger, James Price Point precinct, which was cleared by the EPA and accepted by the WA Environment Minister this year.

It means the latest "derived" decision will not be subject to appeals.

Green groups attacked the move and flagged legal action against the EPA.

However, Dr Vogel said no new environmental issues about the project had been raised in 1800 public comments on Woodside's derived proposal, and green groups were "attempting to rewrite history" by ignoring the previous lengthy approval process.

"We have been involved in this assessment since 2007," he said.

"There have been 43 sites looked at along the Kimberley coast . . . and there have been several years of a lot of work and thousands and thousands of pages of investigations about James Price Point.

"This has been a rigorous and exhaustive process. To suggest that this has been a cursory examination is fatuous and disingenuous.

"We have formed the view, with the approved project, that there aren't any significant new issues that would justify reassessment."

To suggest that this has been a cursory examination is fatuous and disingenuous. "EPA boss Paul Vogel

Red Hand would also like to draw your attention back to a previous post. 

THURSDAY, DECEMBER 20, 2012

EPA's Deception Of Community

Goolarabooloo People in Country EPA Board Member 2011

What is the purpose of the National Heritage register? The ‘heritage value of fossilised dinosaur track sites that occur in Broome Sandstone is recognised and is listed as a National Heritage site. Who do these faceless trans-nationals think they are? It is one thing for corporations wanting to exploit resources that have no impact in their own back yard, but for the state government to  disregard not only the social mandate of the Broome community, but also State and Commonwealth laws, treaties  and agreements and are activity  aiding and abetting the wilful destruction of our national heritage. 

This is appalling.  

It begs the question again- just who is checking the checker? When you have a state government as the proponent, a stubborn egotistical and blinkered Premier who’s ‘streamlining’ processes is actually a blatant abuse of process, and Heads of Departments like Dr Vogel whose workplace renewal contract is reliant on and sanctioned by the Premier, one wonders whether conflict of interest enters the equation.

The Broome community lobbied the EPA board to come and talk to all interested and concerned community parties including the Goolarabooloo who welcomed them onto country and shared extensive cultural knowledge. Unfortunately, the community was under the misguided notion that the EPA was independent of governmental control, and would provide checks and balances to governmental excess.

That the guidelines enshrined in law for the protection of environmental and cultural heritage would actually provide recourse. Instead the EPA abused the hospitality provided and this deception only added to the collective no gas psyche of the Broome community…the faith that was put into this authoritive body and other governmental departments should stand as a warning for other communities who are battling corporations and the acquiescence of governments.

Supreme Court chief justice rules against controversial Kimberley gas hub approvals - ABC News (Australian Broadcasting Corporation)

Supreme Court chief justice rules against controversial Kimberley gas hub approvals - ABC News (Australian Broadcasting Corporation)

The ruling could also have ramifications for other projects.

Lawyer Patrick Pearlman says other decisions made by the EPA could be called into question.

"My understanding is that there are a number of other EPA proceedings in which questions about section 12 interests arose and I've got a number, something like 40 running around in my head, where that question applies," he said.

"Whether or not it has any fallout from that, I suppose, is probably something for Parliament."
The Wilderness Society hopes the court ruling will be the end of any development at James Price Point, and says it will fight any further development applications.

The Greens have also called on the Government to abandon any future attempts to industrialise the site but Mr Barnett says the government will most likely re-submit its plans to the EPA.
The Premier is confident the original approval will stand.

"Most fair-minded people would acknowledge that the environmental decision itself is correct, what was invalid is the actual process," he said.

The State Government has been pushing ahead with plans to compulsorily acquire the land.
It plans to secure almost 3,500 hectares of land on the coast north of Broome in case other companies would like to pursue the development.

Woodside, with its partner Shell, is believed to be pursuing floating LNG technology for its Browse Basin gas, an offshore processing option.

PM - Environmentalists say James Price Point decision could have ramifications for other projects 19/08/2013

Justice Martin damning verdicts on its environmental approval process for James Price Point
1. Decision of Environmental Protection Authority to submit assessment report of Browse LNG Precinct Proposal is invalid

2. Decision of Minister for Environment to the effect that the Browse LNG Precinct Proposal may be implemented is invalid

3. Decision of Environmental Protection Authority to declare the a development proposal presented to the Authority by Woodside Energy Ltd a derived proposal is invalid 

PM - Environmentalists say James Price Point decision could have ramifications for other projects 19/08/2013

MARK COLVIN: In an extraordinary decision, the West Australian Supreme Court has ruled unlawful and invalid a number of the state's decisions to grant approval to the massive James Price Point gas hub.

The Chief Justice Wayne Martin issued damning rulings on three of the Environmental Protection Authority's approvals.

The reason: major financial conflicts of interest.

The Chief Justice said the majority of the board members had a financial interest in the matter but were still allowed to be involved in the approval process.

His decision also condemns the then environment minister for giving the go ahead despite the conflicts.

Caitlyn Gribbin reports.

Supreme Court chief justice rules against controversial Kimberley gas hub approvals - ABC News (Australian Broadcasting Corporation)

Supreme Court chief justice rules against controversial Kimberley gas hub approvals - ABC News (Australian Broadcasting Corporation)

Richard Hunter, Goolarabooloo law boss in the media scrum outside court. — with Ketrina Ray,Sarah Yani Vann-Sander, Holly Winkle and Peter Robertson.

Today, Chief Justice Wayne Martin gave the government another major headache, handing down damning verdicts on its environmental approval process.

The Wilderness Society, and Goolarabooloo elder Richard Hunter, had argued conflicts of interest in the Environmental Protection Authority (EPA) assessment process resulted in just one EPA board member - chairman Paul Vogel - making the final decision.

They also said the state's then-environment minister Bill Marmion had erred by granting his approval despite the conflicts

http://decisions.justice.wa.gov.au/supreme/supdcsn.nsf/PDFJudgments-WebVw/2013WASC0307/%24FILE/2013W decisions.justice.wa.gov.au

Fossil Fuel Industry Launches $5 Million Disinformation Campaign in Australia – EcoWatch: Cutting Edge Environmental News Service

Fossil Fuel Industry Launches $5 Million Disinformation Campaign in Australia – EcoWatch: Cutting Edge Environmental News Service

The APPEA’s new $5 million advertising campaign is attempting to paint gas development projects as integral to Australia’s economic and environmental future. However, similar to the mining industry ad blitz around the mining tax, this is a “scare campaign” at its heart that aims to bolster the profits of international companies at the expense of Australia’s land, water, and farming communities. It is a pushback against the successful Lock the Gatecampaign waged against CSG by farmers and environmentalists across Australia. The office of New South Wale’s Chief Scientists has also confirmed wide-ranging community concerns about CSG.

Inside the Censored EPA Fracking Water Study » CounterPunch: Tells the Facts, Names the Names

Inside the Censored EPA Fracking Water Study » CounterPunch: Tells the Facts, Names the Names

DeSmogBlog has obtained a copy of an Obama Administration Environmental Protection Agency (EPA) fracking groundwater contamination PowerPoint presentation describing a then-forthcoming study’s findings in Dimock, Pennsylvania.

The PowerPoint presentation reveals a clear link between hydraulic fracturing (“fracking”) for shale gas in Dimock and groundwater contamination, but was censored by the Obama Administration. Instead, the EPA issued an official desk statement in July 2012 - in the thick of election year – saying the water in Dimock was safe for consumption.

One of the whistleblowers said he came forward due to witnessing “patently unethical and possibility illegal acts conducted by EPA management.”

“I have for over a year now worked within the system to try and make right the injustice and apparent unethical acts I witnessed. I have not been alone in this effort,” the unnamed whistleblower told Soraghan. “I took an oath when I became a federal employee that I assume very solemnly.”

The U.S. Environmental Protection Agency (EPA) has spent countless taxpayer dollars and man-hours over the last few years investigating the environmental threats posed by hydraulic fracturing (fracking) in many regions across the United States.  And when their draft reports showed that the practice was poisoning water supplies, the gas industry stepped in and immediately put a halt to the studies.

According to a new report by ProPublica, the EPA has halted several investigations into the safety of fracking operations in places like Texas, Pennsylvania, and Wyoming. 

Most recently, the EPA halted a study on the environmental impact of fracking in Pavillion, Wyoming.  The draft report of the study had been finished, but the gas industry intervened and questioned the validity of the study, so the EPA decided to back off and hand over the task of completing the study to the state of Wyoming.  The state will finish the investigation, but the funding will come from the natural gas drilling company EnCana.  Incidentally, EnCana is responsible for the pollution that the EPA was testing.

And it wasn’t that the EPA didn’t find anything that citizens should be concerned about; quite the opposite is true.  In spite of halting the study, the agency still told residents that they should not drink the water coming out of their taps, nor should they use it to bathe because of the chemicals that were found in the tap water. 

NO McDonalds in The Dandenong Ranges

NO McDonalds in The Dandenong Ranges

This morning McDonalds sent in Bernie Rafferty of BR Demolition to cross our Trades Hall Union supported community line, and demolish the buildings we have fought peacefully, respectfully and tirelessly for 2 years to save. There is no possible way to describe the heart break, shock and rage felt by a very wide range of community members today. You disrespected us at every step, you intimidated us at every opportunity and today you sent in police and security who stood on the line and laughed and heckled people who were crying and pleading to save these buildings.

McDonalds...You have crossed the community now in a way more significant than you could have ever imagined. You have assaulted the democratic core of this great nation, by using excessive force and money within the upper echelons in the State of Victoria to force your way across every legal restriction that has been put in place to protect communities from this exact level of disregard.

The community, and those Australians who now understand the meaning and symbolism of what you did today, will stand united against you now, in a way you never dreamed possible. You had the chance to walk away. You made your choice.

Look Familiar?
https://www.facebook.com/media/set/?set=a.701474289869559.1073741835.220419864641673&type=3

Call for a National Day of Action against McDonalds and State Police. These types of scenes are becoming all too familiar in Australia where Corporate interests are being protected by our public servants, paid by our tax dollars at the expense of public wellbeing, sense of place and social justice. Broome knows how that feels? 

This boat is waiting to be burnt near Broome

This boat is waiting to be burnt  near Broome