Environmental Protection Agency

Dirty Money vs. Clean Power: How the Fossil Fuel Industry Hopes to Kill EPA’s Climate Rule

This is a guest post by Patrick Parenteau, Professor of Law, Vermont Law School

The fossil fuel industry is pulling out all the stops in an effort to derail President Obama’s Clean Power Plan being developed by the Environmental Protection Agency under the Clean Air Act.

The proposed plan, which aims to cut carbon emissions by 30% below 2005 levels by 2030, is due to be published as a final rule this summer. Launching a preemptive strike, the coal industry filed suit earlier this year seeking an “extraordinary writ” to stop the rulemaking in its tracks. This would be an unprecedented act of judicial intervention.

EPA Study: Fracking Puts Drinking Water Supplies at Risk of Contamination

The Environmental Protection Agency has released its long awaited draft assessment of the impacts that fracking has on the nation's drinking water supplies — confirming that the process does indeed contaminate water.

“From our assessment, we conclude there are above and below ground mechanisms by which hydraulic fracturing activities have the potential to impact drinking water resources,” the EPA wrote.

The impacts take a variety of forms, the EPA wrote, listing the effects of water consumption especially in arid regions or during droughts, chemical and wastewater spills, “fracturing directly into underground drinking water resources,” the movement of liquids and gasses below ground “and inadequate treatment and discharge of wastewater.”

The agency wrote that it had documented “specific instances” where each of those problems had in fact happened and some cases where multiple problems combined to pollute water supplies.

Biomass Is Not A Zero-Carbon Fuel Source, So Why Does The Clean Power Plan Propose To Treat It That Way?

The EPA’s Clean Power Plan is the foundation of President Obama’s climate strategy. The plan, which is to be finalized later this year, sets state-by-state targets for reducing emissions from existing power plants, especially coal-fired power plants, which will be essential to meeting the commitments made in the climate deal President Obama struck with China late last year.

Louisiana Environmental Group Warns Santa Barbara Oil Spill Cleanup Workers to Protect Their Health

An open letter from the Louisiana Environmental Action Network (LEAN) and the Lower Mississippi Riverkeeper advises those affected by the Santa Barbara Plains All American Pipeline spill not to participate in the clean-up effort.

“We do not want to see your citizens', workers', and volunteers' health harmed in the way we have seen it damaged along our Gulf Coast after the 2010 BP oil disaster,” the letter says. 

But the warning may be too late to help some like Osiris Castañeda, a father, ocean lover and filmmaking professor who cleaned up a stretch of Santa Barbara County beach with other volunteers on May 20, the day after a Plains Pipeline spilled an estimated 101,000 gallons of oil into the Pacific Ocean.

Groups Petition EPA To Stop Texas From Letting Electric Utility Industry Rewrite Its Own Pollution Permits

NRG Energy has two coal-fired power plant units in Limestone County, Texas, about 115 miles southeast of Dallas. They’re already some of the largest, most polluting power plants in the state, and they’re about to get a whole lot dirtier.

Just How Heavily Did ExxonMobil Edit a US EPA Climate Report?

Our latest DeSmog UK epic history post details the penetrating impact ExxonMobil had on US energy policy during the Bush era.

One year into US President George W. Bush’s reign and the fruits of ExxonMobil’s labours were already being felt.

The US had crippled Kyoto by pulling out of the global agreement and the Intergovernmental Panel on Climate Change (IPCC) had lost its most outspoken communicator when Robert Watson was ousted by Bush at Exxon’s request.

Dimock, PA Lawsuit Trial-Bound as Study Links Fracking to Water Contamination in Neighboring County

A recent peer-reviewed study published in the Proceedings of the National Academy of Sciences has confirmed what many fracking critics have argued for years: drilling operations associated with hydraulic fracturing (“fracking) for oil and gas can contaminate groundwater. 

For the study, researchers examined groundwater contamination incidents at three homes in Pennsylvania's Marcellus Shale basin in Bradford County. As The New York Times explained, the water samples showed “traces of a compound commonly found in Marcellus Shale drilling fluids.”

The study's release comes as a seminal lawsuit demanding recovery for such damages winds its way to a jury trial later this year in the U.S. District Court in Scranton, PA. That case pits two families from Dimock, PA, located in neighboring Susquehanna County, against Texas-based, industry giant, Cabot Oil and Gas Corporation.

Calls For Immediate Shutdown Of Illegal California Injection Wells As Regulators Host 'Aquifer Exemption Workshop'

While California legislators are calling for immediate closure of the thousands of injection wells illegally dumping oil industry wastewater and enhanced oil recovery fluids into protected groundwater aquifers, regulators with the state’s Division of Oil, Gas and Geothermal Resources (DOGGR) were holding an “Aquifer Exemption Workshop” in Long Beach on Tuesday.

Just 23 out of the 2,500 wells DOGGR officials have acknowledged the agency improperly permitted to operate in aquifers that contain potentially drinkable water have so far been closed down — 11 were closed down last July and 12 more were shut down earlier this month.

Given the urgency of the situation, it certainly does not look good that DOGGR made time to hold a workshop to outline “the data requirements and process for requesting an aquifer exemption under the Safe Drinking Water Act,” when it has given itself a two-year deadline to investigate the thousands more wells illegally operating in groundwater aquifers that should have been protected under the federal Safe Drinking Water Act all along.

Last Friday, state legislators sent Governor Jerry Brown a letter calling for the immediate closure of the wells, writing that “the decision to allow thousands of injection wells to continue pumping potentially hazardous fluids into protected aquifers is reckless.”

And protestors with Californians Against Fracking were outside the Holiday Inn Long Beach Airport on Tuesday to greet DOGGR officials as they showed up for their workshop.

Peabody Coal Lawyer Laurence Tribe, Obama's Law Professor, Testifies in Congress vs. EPA Carbon Rule

Laurence Tribe, constitutional law professor at Harvard Law School and of-counsel at the firm Massey & Gail LLP, recently testified in front of the U.S. House Committee on Energy and Commerce against the proposed U.S. Environmental Protection Agency (EPA) carbon rule

Currently working as legal counsel for coal industry giant Peabody Energy and helping the company write comments, Tribe submitted a 57-page legal memo to accompany his five-minute testimony (starting at 22:43). In December 2014, Tribe submitted 35 pages worth of comments to the EPA on its proposed rule.

Joining Tribe were both New York University School of Law professor Richard Revesz and Hunton & Williams attorney Allison Wood, who testified for and against the Clean Power Plan, respectively. But Tribe served as the star witness and fielded most of the questions from the Committee during the question-and-answer session.

Fittingly given his distinguished legal background, Tribe argued against the Clean Power Plan on constiutional law grounds. 

“Burning the Constiution should not become part of our national energy policy,” Tribe wrote in the early pages of the legal memo he submitted to the Committee. “At its core, the issue the Clean Power Plan presents is whether EPA is bound by the rule of law and must operate within the framework established by the United States Constitution.”

He also proposed a solution — favored by his client Peabody  in a section titled, “There is a Better Way.”

“The United States could…support carbon capture and storage technologies,” Tribe wrote, not mentioning Peabody's advocacy for so-called “clean coal.” 

“An 'all of the above' energy policy can support all forms of domestic energy production that will minimize carbon emissions, protect consumers and American jobs, and ensure that the U.S. remains independent from unreliable foreign sources of energy.”

Internal Documents Reveal Extensive Industry Influence Over EPA's National Fracking Study

In 2010, the Environmental Protection Agency (EPA) launched an ambitious and highly consequential study of the risks that hydraulic fracturing, or fracking, poses to American drinking water supplies.

This is about using the best possible science to do what the American people expect the EPA to do – ensure that the health of their communities and families are protected,” Paul Anastas, Assistant Administrator for the agency's Office of Research and Development, said in 2011.

But the EPA's study has been largely shaped and re-shaped by the very industry it is supposed to investigate, as energy company officials were allowed to edit planning documents, insisted on vetting agency contractors, and demanded to review federal scientist's field notes, photographs and laboratory results prior to publication, according to a review by DeSmog of over 3,000 pages of previously undisclosed emails, confidential draft study plans and other internal documents obtained through open records requests.

Company officials imposed demands so infeasible that the EPA ultimately dropped a key goal of the research, their plans to measure pollution levels before and after fracking at two new well sites, the documents show.

All told, the documents raise serious questions about the study's credibility and they highlight a certain coziness between the EPA and Chesapeake Energy, one of the most aggressive oil and gas companies in the shale gas rush.

“[Y]ou guys are part of the team here,” one EPA representative wrote to Chesapeake Energy as they together edited study planning documents in October 2013, “please write things in as you see fit”.

Chesapeake took them up on the offer.

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