Earthworks

Mon, 2014-06-30 12:15Sharon Kelly
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In Blow to Oil Industry, New York's Top Court Upholds Local Fracking Bans

New York's highest state court ruled today that local governments have the legal authority to use zoning to bar oil and gas drilling, fracking and other heavy industrial sites within their borders. In a 5-2 decision, affirming the rulings of three lower courts, the justices dismissed challenges to fracking bans created by two towns, Middlefield and Dryden.

The case has been closely watched by the oil and gas industry in the Marcellus region and nationwide. Over 170 towns, villages and cities in New York state have crafted local moratoria or bans on fracking. Dozens more towns are expected to enact moratoria in the wake of this ruling, according to Earthworks, one of the public interest groups whose attorneys worked on the case.

Nationwide, nearly 500 local governments have enacted measures against fracking, according to Food and Water Watch which tracks local control actions, including towns in Texas, West Virginia, Pennsylvania, Colorado and California, each of which have been the focus of recent shale rushes.

The oil and gas industry had argued that allowing local control over fracking risked creating a patchwork of rules in different municipalities. Environmental groups countered that the rights of local communities to control development within their borders trumped those concerns, and that local governments had the clear legal authority to decide how development could proceed.

“On the one hand, you're saying yes, we should have a comprehensive strategy to deal with such an important issue to our state – energy,” Chief Judge Jonathan Lippman explained when the cases were argued before the court on June 3. “And on the other hand, municipalities believe (they can) determine how they're going to live. They want some voice in how they live.”

Today, less than a month later, the court's majority decided in favor of local control. “The towns both studied the issue and acted within their home rule powers in determining that gas drilling would permanently alter and adversely affect the deliberately-cultivated, small-town character of their communities,” the New York Court of Appeals wrote in its majority ruling.

Wed, 2014-05-07 05:55Julie Dermansky
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Residents Deliver Petition to Ban Fracking to City Hall in Denton, Texas

A petition to ban hydraulic fracturing, or “fracking,” in Denton, Texas, is being submitted to City Hall today, paving the way for Denton to become the first city in Texas to prohibit the controversial method of extracting natural gas.

Members of the Denton Drilling Awareness Group, who are pushing for a ballot initiative, collected more than 1,871 signatures in support of a fracking ban within Denton city limits — three times more than were required and just 300 shy of the number of ballots cast in the last municipal election.

Once the signatures are certified, the city council will have to vote on the proposed ban. If council adopts a ban, fracking will be illegal inside Denton's city limits. If council votes against the ban, the initiative will likely be on the ballot in November, giving the public a chance to vote on the matter.

We hope the council will vote to approve the ban,” said Ed Soph, a member of the Denton Awareness Group. “But at a minimum, we hope they’ll respect their constituents and allow the Denton residents a chance to vote on the ban, not try to block it on a legal technicality.”

Mon, 2013-12-16 10:07Steve Horn
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New "Frackademia" Report Co-Written by "Converted Climate Skeptic" Richard Muller

The conservative UK-based Centre for Policy Studies recently published a study on the climate change impacts of hydraulic fracturing (“fracking”) for shale gas. The skinny: it's yet another case study of “frackademia,” and the co-authors have a financial stake in the upstart Chinese fracking industry.

Titled “Why Every Serious Environmentalist Should Favour Fracking“ and co-authored by Richard Muller and his daughter Elizabeth “Liz” Muller, it concludes that fracking's climate change impacts are benign, dismissing many scientific studies coming to contrary conclusions.

In an interview with DeSmogBlog, Richard Muller — a self-proclaimed “converted skeptic” on climate change — said he and Liz had originally thought of putting together this study “about two years ago.”

“We quickly realized that natural gas could be a very big player,” he said. “The reasons had to do with China and the goal of the paper is to get the environmentalists to recognize that they need to support responsible fracking.

The ongoing debate over fracking in the UK served as the impetus behind the Centre for Policy Studies — a non-profit co-founded by former right-wing British Prime Minister Margaret Thatcher in 1974 — hosting this report on its website, according to Richard Muller.

“They asked for it because some environmentalists are currently opposing fracking in the UK, and they wanted us to share our perspective that fracking is not only essential for human health but its support can be justified for humanitarian purposes,” he said. 

This isn't the first time Liz Muller has unapologetically sung the praises of fracking and promoted bringing the practice to China. In April, she penned an op-ed in The New York Times titled, “China Must Exploit Its Shale Gas.” 

Fri, 2013-10-18 07:41Sharon Kelly
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Fracking Coming to Washington D.C.'s Drinking Water?

Over the past several years, the battle over fracking has brought Congressional hearings, protests and huge industry money to Washington DC. But in recent months the topic has taken on a new, more local turn in the nation's capital as oil and gas companies push to drill in a national forest near in the city's backyard and an unusual cast of charaters are lining up to oppose it.

The fight is over access to drill for shale gas in the George Washington National Forest and officials from the Environmental Protect Agency, Army Corps of Engineers and the National Park Service have come out in opposition, even though some of these same federal agencies have in other contexts helped to promote expanded shale gas drilling.

The forest is one of the East Coast’s most pristine ecosystems, home to some of its last old growth forests.

Horizontal drilling, key to shale gas extraction, has never before been permitted in the George Washington National Forest. But as the U.S. Department of Agriculture Forest Service prepares a new 15-year plan, drillers are pushing hard for the ban to be lifted despite the industry’s long record of spills, air pollution and water contamination on public lands.

Thu, 2013-09-26 05:00Sharon Kelly
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Shale Gas and Foreign Policy: A "Highly Uncertain" Gamble for America

The Obama administration has systematically ignored the environmental risks of fracking and on several occasions it has even suppressed science to pave the way for increased shale drilling, according to a recent report by the environmental group Earthworks. The report focuses on Karnes County, TX, in the heart of the Eagle Ford shale region, where state regulators found levels of airborne contaminants so high that inspectors evacuated themselves – but failed to fine the companies involved or warn residents living nearby.

From the regulators in Texas to the United States EPA, government agencies are running away from their own data showing that fracking pollution is harming communities,” said Jennifer Krill, Executive Director of Earthworks. “We are seeing a pattern from Karnes County TX to Dimock PA to Pavilion WY - where oil and gas is being produced, oil and gas impacts are being ignored.”

For the past several years the oil and gas industry has enticed Republicans and Democrats alike with promises that shale reserves can offer the U.S. renewed energy independence. The hope is that vast and newly-tapped supplies of domestic gas and oil will help shift the geopolitical balance, lessening American and European reliance on Russia and countries in the Middle East. This newly perceived leverage has even emerged recently as a bargaining chip in trade talks and negotiations with gas-importers like Japan.

The Obama administration has hailed the drilling boom, sending strong signals about its support for continued fracking. “The natural gas boom has led to cleaner power and greater energy independence,” President Obama said in his 2013 State of the Union address. “We need to encourage that.”

But banking on the continued shale boom is a major gamble, as productivity has already fallen in shale gas plays across the U.S.

Mon, 2013-09-23 20:01Farron Cousins
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Regulatory Negligence Endangers Texas Citizens As Eagle Ford Fracking Impacts Soar

There’s no denying that Texas is the state that dirty energy built.  It remains the single largest source of domestically produced oil in the United States, and currently has more fracking wells than any other state.  With an abundant supply of dirty energy money, the state government of Texas is completely owned by the dirty energy industry.

This trifecta of industry domination is playing itself out in southern Texas, in what has become a no man's land for federal regulators.

According to a new report by Earthworks, energy companies drilling in the Eagle Ford Shale basin are wreaking havoc on both the environment and the people, and federal regulators have essentially abandoned the area.  This exodus of oversight has led to an increase in environmental abuses by the dirty energy industry.

But it wasn’t always this way in Texas.  According to Earthworks, regulators have been present in the area, and even carried out some needed investigations into the damage caused by drillers.  

But what the regulators found was so horrible that they had to evacuate themselves, and that was the last that residents in the area heard from them.

Sun, 2012-10-21 06:00Steve Horn
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Fracking in PA Poisoning Communities as Floodgates Open for Drilling on Campuses, Public Parks

Pennsylvania recently passed Act 147 - also known as the Indigenous Mineral Resources Development Act - opening up the floodgates for hydraulic fracturing (“fracking”) on the campuses of its public universities. As noted in a recent post by DeSmog, the shale gas industry hasn't limited Version 2.0 of “frackademics” to PA's campuses, but is also fracking close to hundreds of K-12 schools across the country, as well.  

We noted the devastating health consequences of fracking close to a middle school/high school in Le Roy, New York, where at least 18 cases of Tourette Syndrome-like outbreaks have been reported by its students. This has moved Erin Brockovich's law firm to investigate the case, telling USA Today, “We don't have all the answers, but we are suspicious. The community asked us to help and this is what we do.”

Earthworks Oil and Gas Accountability's just-published report, “Gas Patch Roulette: How Shale Gas Development Risks Public Health in Pennsylvania, makes the case that the decision to allow fracking on PA's campuses has opened up a Pandora's Box stuffed with a looming health quagmire of epic proportions.

Thu, 2012-09-27 13:58Steve Horn
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Regulatory Non-Enforcement by Design: Earthworks Shows How the Game is Played

Earthworks Oil and Gas Accountability Project published a scathing 124-page report this week, “Breaking All the Rules: the Crisis in Oil & Gas Regulatory Enforcement.”

The content of the report is exactly as it sounds.

That is, state-level regulatory agencies and officials often aren't doing the jobs taxpayers currently pay them to do and aren't enforcing regulations on active oil and gas wells even when required to under the law.

This is both out of neglect and also because they're vastly understaffed and underfunded, meaning they literally don't have the time and/or resources to do proper inspections.

And on those rare instances when regulatory agencies and the regulators that work for them do enforce regulations on active oil and gas wells, Earthworks demonstrated that the penalties for breaking the rules are currently so weak that it's merely been deemed a tiny “cost of doing business” by the oil and gas industry.

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