A Colossal Fracking Mess, Bateman, Christopher , Vanity Fair | Business, (2010)

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Photographs by Jacques del Conte

More than 15 million people, including residents of New York City and Philadelphia, get their water from its pristine watershed.

To regard its unspoiled beauty on a spring morning, you might be led to believe that the river is safely off limits from the destructive effects of industrialization. Unfortunately, you’d be mistaken.

The Delaware is now the most endangered river in the country, according to the conservation group American Rivers.

A V.F. video look at a town transformed by fracking.

That’s because large swaths of land—private and public—in the watershed have been leased to energy companies eager to drill for natural gas here using a controversial, poorly understood technique called hydraulic fracturing. “Fracking,” as it’s colloquially known, involves injecting millions of gallons of water, sand, and chemicals, many of them toxic, into the earth at high pressures to break up rock formations and release natural gas trapped inside.

Sixty miles west of Damascus, the town of Dimock, population 1,400, makes all too clear the dangers posed by hydraulic fracturing. You don’t need to drive around Dimock long to notice how the rolling hills and farmland of this Appalachian town are scarred by barren, square-shaped clearings, jagged, newly constructed roads with 18-wheelers driving up and down them, and colorful freight containers labeled “residual waste.”

See: Dimock Natural Gas Drilling.

See: Cabot Oil & Gas.

See: Dark Side of a Natural Gas Boom.

See: Before/After Drilling (video).

A Fracking First in Pennsylvania: Cattle Quarantine, Kusnetz, Nicholas , ProPublica, (2010)

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Agriculture officials have quarantined 28 beef cattle on a Pennsylvania farm after wastewater from a nearby gas well leaked into a field and came in contact with the animals.

The state Department of Agriculture said the action was its first livestock quarantine related to pollution from natural gas drilling. Although the quarantine was ordered in May, it was announced Thursday.

Carol Johnson, who along with her husband owns the farm in north-central Pennsylvania, said she noticed in early May that fluids pooling in her pasture had killed the grass. She immediately notified the well owner, East Resources Inc.

"You could smell it. The grass was dying," she said. "Something was leaking besides ground water."

The Johnsons' farm sits atop the Marcellus Shale, a layer of rock that lies under swaths of West Virginia, Pennsylvania, New York and Ohio. As ProPublica has reported, reports have proliferated of groundwater pollution, spills and other impacts of hydraulic fracturing, a drilling technique that injects massive amounts of water, sand and chemicals underground to break up the formations that hold the gas.

See: Appalachia | Shell (formerly East Resources)

Addressing the Environmental Risks from Shale Gas Development, Zoback, M., Kitasei S., and Copithorne B. , (2010)

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Our analysis suggests that while shale gas development poses significant risks to the environment, including faulty well construction, blowouts, and above-ground contamination due to leaks and spills of fracturing fluids and waste water, technologies and best practices exist that can help manage these risks.

Best practices are currently being applied by some producers in some locations, but not by all producers in all locations. Enforcing strong regulations is necessary to ensure broader adoption of these practices and to minimize risk to the environment. In addition, if increased shale gas development is to be undertaken responsibly, the cumulative risks of developing thousands of wells must be considered.

The report concludes that faulty well construction, in particular poorly cemented steel casings needed to isolate the gas from shallow formations, as well as above-ground contamination due to leaks and spills of fracturing fluids and waste water, pose more significant risks to the environment.

In addition, continued study and improved communication of the environmental risks associated with both individual wells and large scale shale gas development are essential for society to make well-informed decisions about its energy future.

"Although the technologies, best practices, and regulations that can help minimize these risks exist, they have not yet been universally adopted," says Worldwatch Fellow and co-author Saya Kitasei. "Experiences in Colorado, Wyoming, Pennsylvania, and New York demonstrate that strong public pressure exists for stricter oversight."

Mark Zoback is one of the scientists on the short list for the upcoming EPA study.

The Worldwatch Institute is an independent research organization recognized by opinion leaders around the world for its accessible, fact-based analysis of critical global issues. The Institute's three main program areas include Climate & Energy, Food & Agriculture, and the Green Economy.

See: Flavin, C., and S. Kitasei. The Role of Natural Gas in a Low-Carbon Energy Economy. Briefing paper. Natural Gas and Sustainable Energy Initiative. Washington, D.C.: Worldwatch Institute, 2010. (PDF, 617kb)

Affirming Gasland, Fox, Josh, Coffman Steven, Energy in Depth, Wilson Weston, Bishop Ron, Arindell Barbara, Spaeth Laurie, Ingraffea Anthony, and Barth James , (2010)

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From Sourcewatch:

Immediately upon the film's release, Energy In Depth issued a paper claiming to "debunk" the film's documentary evidence.

Energy in Depth (EID) is a pro-oil-and-gas drilling industry front group formed by the American Petroleum Institute, the Petroleum Association of America and dozens of additional industry organizations for the purpose of denouncing the FRAC Act proposed by Colorado U.S. Rep. Diana DeGette to regulate underground fracking fluids.

EID has crafted an entire campaign to delegitimize Fox's film, coining itself "Debunking Gasland." Many Facebook and Google users have even reported "Debunking Gasland" ads popping up on those respective websites.

‎Josh Fox has responded to every claim in "Debunking Gasland" put forth by Energy In Depth in a piece titled "Affirming Gasland."

History of regulating hydraulic fracturing under the Safe Drinking Water Act (SDWA)

From Affirming Gasland, "Supplemental Reading Section", p. 24.

The Safe Drinking Water Act requires EPA to promulgate regulations for states to administer these provisions of the law in order to protect underground sources of drinking water. However, although the SDWA gave the EPA the authority to regulate underground injection practices, Congress also directed that the EPA should not prescribe unnecessary regulation on oil- and gas- related injection.

Therefore, after the Safe Drinking Water Act passed, the EPA erroneously took the position that hydraulic fracturing did not fall within the regulatory definition of underground injection as provided in the Act.

In 1997 the 11th Circuit Court of Appeals laid the matter to rest when it conclusively ruled in LEAF v EPA, 118 F.3d 1467 (11th Cir. 1997) that hydraulic fracturing activities constituted “underground injection” under Part C of the SDWA.

As a result of the court’s ruling, in 1999 the state of Alabama amended its rules and made hydrofracking subject to the provisions of Part C of the SDWA by requiring Class II permits for each hydrofracking well.

Cheney’s Halliburton (a prime developer and leading practitioner of hydraulic fracturing) began lobbying Washington to exempt fracturing from regulation under the Safe Drinking Water Act.

Then in 2001, during his second week in office, George W. Bush created the Energy Task Force, with Vice President Dick Cheney as chairman. The mission of the task force aimed to “develop a national energy policy designed to help the private sector.” Its final report included a recommendation to exempt fracturing from regulation. Cheney removed the exemption from the draft only after being pressed by EPA chief Christie Whitman.

The exemption surfaced again in the Bush/Cheney Energy Bill of 2003 which did not pass, and reemerged one final time, in the Energy Policy Act of 2005, thanks, in part, to the efforts of Congressmen James Inhofe of Oklahoma and Joe Barton of Texas. To avoid the effect of the ruling in LEAF v EPA, Sec 322 of the Act specifically provides that the term “underground injection” excludes the underground injection of fluids pursuant to hydraulic fracturing operations related to oil, gas, or geothermal production activities. This clause from the law is actually photographed in Gasland at 31:42.

The 2005 Energy Policy Act also altered the Clean Water Act stormwater provisions. Pub.L. No. 109-58, § 323, 119 Stat. 694 (codified as amended at 33 U.S.C. § 1362(24). Section 323 modified the Clean Water Act's definition of an oil and gas exploration and production activity to include oil and gas construction activities. Because the Clean Water Act mandates that the EPA not require a stormwater permit for oil and gas exploration and production activities, it has been argued that the change in the Energy Policy Act of 2005 excluded oil and gas construction activities from stormwater permit coverage, without regard of the size of acreage disturbed.

Previous laws exempted oil and gas drilling, known as oil and gas exploration and production, from Superfund (CERCLA) and RCRA (hazardous waste). CERCLA includes substances that are elements of petroleum as hazardous in Section 101(14), yet crude oil and petroleum are specifically exempt from coverage under the last clause of the section. Thus, hazardous chemicals that would otherwise fall under the ambit of CERCLA are immune from the statute when encompassed in petroleum or crude oil. Likewise, the Solid Waste Disposal Act (SWDA) of 1980 exempted oil field wastes from Subtitle C of the RCRA.

Oil and gas drilling is not typically covered by Clean Air Act permitting since EPA’s CAA regulations do not allow EPA to aggregate or group a set of wells as a single source of air emissions. EPA has proposed rules that if promulgated would allow EPA and the states to aggregate air emissions coming from one company when the facilities are connected to one set of piping.

Some oil and gas machines emit large enough air emissions to be subject to air permit requirements, for example gas dehydradation units emitting over 10 tons per year of volatile organic compounds (VOCs) and gas compressions engines emitting over 50 tons of NOx per year.

However, the industry remains mostly unregulated under this statute by using many smaller compressors and dehydrators which individually emit less VOCs than the limits. If these units were to be aggregated and counted as one larger source (which they should be, in our view) the regulations would be in effect. In addition, neither the diesel engines used to drill nor the volatiles that come off the reserve pits are subject to CAA permit regulations.

For a more complete list of these exemptions please see the following websites:

EWG. (2009). "Free Pass for Oil and Gas: Environmental Protections Rolled Back as Western Drilling Surges: Oil and Gas Industry Exemptions".

Earthworks. (2007). "The Oil and Gas Industry’s Exclusions and Exemptions to Major Environmental Statutes."

NRDC. (2007). "Drilling Down: Protecting Western Communities from the Health and Environmental Effects of Oil and Gas Production."

NRDC. (2007). "Toxic Oil and Gas Production Gets a Free Pass to Pollute."

The Energy Policy Act negated the effect of the Alabama LEAF case by expressly defining HF as not subject to the SDWA, provided that HF fluids did not contain diesel; HF that contains diesel remains subject to SDWA limitations.

See: IADC. "Alabama lawsuit poses threat to hydraulic fracturing across U.S." Drilling Contractor. Jan/Feb. 2000.

See: Gasland vs Big Oil and Gas

See: Gasland - The Debate

See: Bushwhacked : Life in George W. Bush's America

See: History of Litigation Concerning Hydraulic Fracturing to Produce Coalbed Methane. LEAF (Legal Environmental Assistance Foundation) and The Hydraulic Fracturing Decisions.

See: Crimes against nature: how George W. Bush and his corporate pals are plundering the country and high-jacking our democracy

See: U.S. Environmental Protection Agency (EPA): Hydraulic Fracturing Study (2010-2012)

America's Natural Gas Alliance, ANGA(America's Natural Gas Alliance) , America's Natural Gas Alliance, (2010)

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America's Natural Gas Alliance exists to promote the economic, environmental and national security benefits of greater use of clean, abundant, domestic natural gas.

We represent 34 of North America's largest independent natural gas exploration and production companies and the leading developers of the shale plays now transforming the clean energy landscape.

See ANGA's rebuttal of Josh Fox's Gasland.

American Association of Petroleum Geologists, American Association of Petroleum Geologists , American Association of Petroleum Geologists, (2010)

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The membership of American Association of Petroleum Geologists (AAPG) includes geologists, geophysicists, CEOs, managers, consultants, students and academicians. The purpose of the organization is to foster scientific research, advance the science of geology, promote technology and inspire high professional conduct.

American Association of Professional Landmen (AAPL), American Association of Professional Landmen(AAPL) , America's Landmen, (2010)

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Landmen constitute the business side of the oil and gas and mineral exploration and production team. "The American Association of Professional Landmen is a voluntary international professional organization that unites approximately 12,000 landmen and land-related persons through professional development and service."

American Petroleum Institute, American Petroleum Institute , API, (2010)

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"The American Petroleum Institute (API) is the only national trade association that represents all aspects of America’s oil and natural gas industry. Our nearly 400 corporate members, from the largest major oil company to the smallest of independents, come from all segments of the industry. They are producers, refiners, suppliers, pipeline operators and marine transporters, as well as service and supply companies that support all segments of the industry."

See API Ads:

 GOOD NEWS (1-16-09)

Increased production of oil and natural gas can help rebuild America’s economy by creating new jobs and generating more than $1 trillion for federal, state and local budgets.

Let's check the facts.  The costs of spill clean-up, global warming, and devastated marine ecosystems remain undocumented.

See also: Put America to Work. (2009). Scroll down and roll over the interactive U.S. map and click on any state to read the same copy with plug-in paragraphs state by state.

Anadarko Petroleum Corporation, Anadarko , Anadarko Petroleum Corporation, (2010)

Anadarko is among the largest independent oil and natural gas exploration and production companies in the world, with approximately 2.3 billion barrels of oil equivalent (BBOE) of proved reserves at year-end 2009.

See: Cliford Kraus. (2008). New York Times. "There’s Gas in Those Hills".

Andarko, BP, and Transocean have each blamed the other for responsibility in the The Deepwater Horizon oil spill (also referred to as the BP oil spill, the Gulf of Mexico oil spill, the BP oil disaster or the Macondo blowout).

See: Deepwater Horizon Committee Hears From Oil Industry Executives

BP’s partners in the Macondo well–Anadarko Petroleum and Mitsui–have so far refused to pay any costs for the spill, claiming that BP’s gross negligence means it is 100% liable.

If investigations exonerate BP, those companies will be liable for billions of dollars. There are particular doubts over whether Anadarko could afford to pay its full share.

The company’s credit rating was cut to junk level in June.

Anger grows across the world at the real price of 'frontier oil', Wachman, Richard , guardian.co.uk, (2010)

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A woman hurries away from the heat of a gas flare near a flow station belonging to Shell in Warri, Nigeria. Photograph: George Osodi/AP


Far from the Gulf of Mexico, campaigners are accusing energy companies of destroying land and livelihoods in the search for increasingly scarce resources.

The eyes of the world are on BP after the disaster that left oil spewing into the Gulf of Mexico at the rate of 50,000 barrels a day. But campaigners accuse Big Oil of an appalling track record elsewhere in the world, saying it leaves a trail of devastation in its wake.

From Nigeria to Kazakhstan in Central Asia, and Colombia and Ecuador in South America, the oil majors stand accused of a blatant disregard for local communities and the environments in which they operate.

With demand for energy expected to surge as industrialisation accelerates in China, India and Brazil, critics say oil companies are taking ever-increasing risks to cash in on yet another bonanza...

...Kate Allen of Amnesty International says: "The result of oil exploration, extraction and spills is that many people in the Niger Delta have to drink, cook with, and wash in polluted water; they have to eat contaminated fish – if they are lucky enough to still be able to find fish – and farm on spoiled land."

She adds: "After oil spills, the air reeks of pollutants. Many [people] have been driven into poverty, and because they can't make Shell accountable for its actions, there is enormous distrust between the group and local people."

See: Nigeria's agony dwarfs the Gulf oil spill. The US and Europe ignore it | Environment | The Observer

See: Worlds Collide at Cancun Climate Talks