Environmental Protection Agency

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.

California Regulators Allowed Oil Industry To Drill Hundreds Of Wastewater Injection Wells Into Aquifers With Drinkable Water

Update 02/11/15: The problems with California's underground injection control program are far worse than originally reported. It has now been revealed that California regulators with DOGGR not only permitted hundreds of wastewater injection wells but also thousands more wells injecting fluids for “enhanced oil recovery” into aquifers protected under the federal Safe Drinking Water Act.

Original post: The fallout from the ongoing review of California’s deeply flawed Underground Injection Control program continues as new documents reveal that state regulators are investigating more than 500 injection wells for potentially dumping oil industry wastewater into aquifers protected under the federal Safe Drinking Water Act as well as state law.

Last July, the U.S. Environmental Protection Agency (EPA) ordered an emergency shutdown of 11 wastewater injection wells in California. In October, nine of the wells were confirmed to have been illegally dumping wastewater into protected aquifers.

Now a letter from Steve Bohlen, the State Oil and Gas Supervisor for California’s Division of Oil, Gas & Geothermal Resources (DOGGR), sent to the EPA on August 18, 2014 but just revealed via a Freedom of Information Act request, shows that the problem is much more widespread than previously disclosed to the public.

A copy of the letter was shared with DeSmogBlog by the Center for Biological Diversity. “EPA has confirmed to us and to the San Francisco Chronicle that Steve Bohlen’s list shows 532 wells believed to be injecting into protected aquifers,” according to Patrick Sullivan, a spokesperson for the CBD.

Under federal law, any aquifer with water that contains less than 10,000 parts-per-million of total dissolved solids (such as salt and other minerals) is protected. Sullivan told DeSmog that the 532 wells are all injecting wastewater into water that is either cleaner than 10,000 ppm TDS or with unknown TDS. CBD has mapped all of the injection wells in question.

“We know that at least 170 of these wells were drilled into aquifers with TDS of below 3,000 — which means they are suitable for drinking water,” Sullivan says. “Hundreds more are injecting into aquifers below 10,000 TDS, which is water that likely could be made usable.”

In response to the revelations, CBD sent a letter to the EPA demanding an immediate shutdown of all oil industry injection wells in the state that are injecting wastewater into protected aquifers.

“Because the state has failed to protect our water or uphold the law, action by the EPA Administrator is legally required,” the letter states. “In the midst of an unprecedented drought and when so many Californians lack access to safe, clean drinking water, it is outrageous to allow contamination of drinking and irrigation water to continue.”

California Governor Proposes Most Ambitious Renewable Energy Target In U.S.

California Governor Jerry Brown used the occasion of his fourth inaugural address to propose an ambitious new clean energy target for the state: 50% renewable energy by 2030.

“We are at a crossroads,” Brown said in announcing the proposal, according to Climate Progress. “The challenge is to build for the future, not steal from it, to live within our means and to keep California ever golden and creative.”

Already the leader in installed solar capacity and third when it comes to wind power, the Golden State had previously adopted a Renewable Portfolio Standard mandate to procure 33% of its electricity from renewable sources by 2020, a goal it was easily on pace to meet.

Environmentalists were quick to applaud Governor Brown’s 50% by 2030 proposal, which would give California the most ambitious renewable energy target of any US state, eclipsing Hawaii’s 40% by 2030 target.

But given the current growth rate of California’s renewable sector, even 50% by 2030 might not end up being that ambitious, according to Abigail Dillen, Vice President of Climate and Energy for Earthjustice.

New EPA Coal Ash Regulations Are Not Enough To Stop The Next Coal Ash Spill

The Environmental Protection Agency released long-awaited coal ash regulations today, the first rules ever to be imposed on the storage and disposal of the toxic waste left over after burning coal for electricity—the second largest industrial waste stream in the U.S.

But according to Earthjustice and the 10 environmental and public interest groups it represented in suing to force the release of the regulations in the first place, the EPA’s new rules are not nearly stringent enough to stop the next coal ash spill before it happens.

The new rules will not phase out the practice of storing massive quantities of coal ash—which contains highly toxic substances like arsenic, mercury, lead and radioactive uranium—in unlined ponds shored up by earthen dams that are often unstable and likely to fail. This is exactly what happened in the case of the Dan River coal ash spill in North Carolina this past February and the spill in Kingston, Tennessee in 2008 that released 1.1 billion gallons of coal fly ash slurry, covering up to 300 acres of surrounding land.

The typical coal ash dam is built from soil and ash and is used to impound millions of tons of coal ash and wastewater. The majority are over 40 years old, according to Earthjustice, and most do not have monitoring systems in place for detecting leaks of the toxic coal ash slurry they contain.

Not Just Public Lands: Defense Bill Also Incentivizes Fracked Gas Vehicles

DeSmogBlog recently revealed how Big Oil's lobbyists snuck expedited permitting for hydraulic fracturing (“fracking”) on public lands into the National Defense Authorization Act (NDAA) of 2015, which passed in the U.S. House and Senate and now awaits President Barack Obama's signature.

A follow-up probe reveals that the public lands giveaway was not the only sweetheart deal the industry got out of the pork barrel bill. The NDAA also included a provision that opened the floodgates for natural gas vehicles (NGVs) in the U.S.—cars that would largely be fueled by gas obtained via fracking.

The section of the bill titled, “Alternative Fuel Automobiles” (on page 104) lays it out:

NDAA of 2015 Natural Gas Vehicles
Image Credit: U.S. Government Publishing Office 

Pages

Subscribe to Environmental Protection Agency