Western State Regulators Struggling to Keep up with Radioactive Fracking and Drilling Waste: New Report

The question of how to handle the toxic waste from fracking and other oil and gas activities is one of the most intractable issues confronting environmental regulators. Not only because of the sheer volume of waste generated nationwide, but also because some of the radioactive materials involved have a half-life of over 1,500 years, making the consequences of decision-making today especially long-lasting.

Every year, the oil and gas industry generates roughly 21 billion barrels of wastewater and millions of tons of solid waste, much of it carrying a mix of naturally occurring radioactive materials, and some of it bearing so much radioactive material that it is not safe to drink or even, on far more rare occasions, to simply have it near you.

Prime Minister Harper’s Inaction on Climate Killed the Keystone XL Oilsands Pipeline

Stephen Harper climate change

With U.S. President Barack Obama expected to deny a permit to the Keystone XL pipeline this fall, Canada’s oil industry is looking for someone to blame.

The National Post’s Claudia Cattaneo wrote last week that “many Canadians … would see Obama’s fatal stab as a betrayal by a close friend and ally” and that others “would see it as the product of failure by Stephen Harper’s Conservative government to come up with a climate change plan.”

The latter is the more logical conclusion. Obama has made his decision-making criteria clear: he won’t approve the pipeline if it exacerbates the problem of carbon pollution.

Even the U.S. State Department’s very conservative analysis states the Keystone XL pipeline would “substantially increase oilsands expansion and related emissions.” The Environmental Protection Agency has agreed.

While Canada’s energy reviews take into account “upstream benefits” — such as jobs created in the oilsands sector as a result of pipelines — they don’t even consider the upstream environmental impacts created by the expansion of the oilsands.

For all the bluster and finger-pointing, there’s no covering up the fact that Canada’s record on climate change is one of broken promises.

Top US Environmental Group Calls Out Matt Ridley’s Climate Denial

It seems Viscount Matt Ridley is gaining international recognition for his climate denial as US environmental advocacy group the Natural Resources Defence Council (NRDC) calls into question his “rational optimism”.

Labelling the coal mine owner “England’s most prominent global warming sceptic,” Brian Palmer of the NRDC’s onEarth magazine writes: “Ridley is one of the most capable spokesmen for climate change denial 2.0.”

With the highest respect for what Ridley has accomplished in a distinguished career, I believe his position amounts to climate change denial on stilts,” Palmer argues. “Ridley’s view is akin to an alcoholic saying he’s not in denial about his problem because he fully acknowledges that he sometimes drinks a beer. Denying the severity of a problem is to deny the problem itself.”

New Report Warns of West Coast Tar Sands Oil Invasion

The West Coast of the United States and Canada is facing an imminent tar sands oil invasion, according to a new report from the Natural Resources Defense Council (NRDC).

“The West Coast is about to fall victim to a tar sands invasion, unless our leaders choose to protect the health and safety of our communities and say no to Big Oil,” said Anthony Swift, deputy director of NRDC's Canada Project. “At a time when the nation is moving toward a clean energy future, there is no reason to welcome the dirtiest oil on the planet into our communities.”

While the West Coast is not currently the destination for much tar sands oil, the area’s heavy oil refining capacity and deepwater port access make it a likely destination for large amounts of Canadian tar sands oil in the future.

The Canadian Association of Petroleum Producers (CAPP) forecasts that tar sands supply will increase from 2.4 million barrels per day (bpd) in 2013 to 6.2 million bpd by 2030. To achieve those volumes, a significant portion of that oil would have to go to the West Coast by a combination of pipelines, rail and tanker.

Industry-Stacked Energy Department Committee: Shale Running Dry, Let's Exploit the Arctic

A report assembled by an industry-centric US Department of Energy committee recommends the nation start exploiting the Arctic due to oil and gas shale basins running dry. 

In the just-submitted report, first obtained by the Associated Press, the DOE's National Petroleum Council — many members of which are oil and gas industry executives — concludes that oil and gas obtained via hydraulic fracturing (“fracking”) will not last beyond the next decade or so, thus the time is ripe to raid the fragile Arctic to feed our fossil fuel addiction. 

The NPC just launched a website and executive summary of the report: Arctic Potential: Realizing the Promise of U.S. Oil and Gas Resources.

Confirming the thesis presented by the Post Carbon Institute in its two reports, “Drill Baby, Drill” and “Drilling Deeper,” the National Petroleum Council believes the shale boom does not have much more than a decade remaining.

The NPC report appears to largely gloss over the role of further fossil fuel dependence on climate change, or the potentially catastrophic consequences of an oil spill in the Arctic.

The first mention of climate change appears to refer to “concern about the future of the culture of the Arctic peoples and the environment in the face of changing climate and increased human activity,” but doesn't mention the role of fossil fuels in driving those changes. Instead, the report immediately pivots to focus on “increasing interest in the Arctic for tourist potential, and reductions in summer ice provide an increasing opportunity for marine traffic.”

ExxonMobil CEO Rex Tillerson, a National Petroleum Council member, chimed in on the study in an interview with the Associated Press.  

“There will come a time when all the resources that are supplying the world's economies today are going to go in decline,” remarked Tillerson. “This is will [sic] be what's needed next. If we start today it'll take 20, 30, 40 years for those to come on.”

The National Petroleum Council also deployed the energy poverty argument, utilized most recently by coal giant Peabody Energy in its “Advanced Energy For Life” public relations campaign, to make its case for Arctic drilling as a replacement for fracking.

“But global demand for oil, which affects prices of gasoline, diesel and other fuels everywhere, is expected to rise steadily in the coming decades — even as alternative energy use blossoms — because hundreds of millions of people are rising from poverty in developing regions and buying more cars, shipping more goods, and flying in airplanes more often,” reads the report. “In order to meet that demand and keep prices from soaring, new sources of oil must be developed, the council argues.”

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.”

California's Wastewater Injection Problem Is Way Worse Than Previously Reported

Documents released this week as part of the EPA’s investigation into the state of California’s underground injection control program show that in addition to hundreds of wastewater injection wells there are thousands more wells illegally injecting fluids from “enhanced oil recovery” into aquifers protected by the federal Safe Drinking Water Act.

At a time when California is experiencing extreme and prolonged drought, you might expect state regulators to do everything they can to protect sources of water that could be used for drinking and irrigation. But that simply isn’t the case.

For every barrel of oil produced in California — the third largest oil-producing state in the nation, behind Texas and North Dakota — there are 10 barrels of wastewater requiring disposal. California produces roughly 575,000 barrels of oil a day, meaning there are nearly 6 million barrels of wastewater produced in the Golden State on a daily basis — a massive waste stream that state regulators have utterly failed to manage properly.

In meeting a February 6 deadline imposed by the EPA to provide a plan for dealing with the problems rampant in its Underground Injection Control (UIC) Class II Program, regulators at California’s Division of Oil, Gas, and Geothermal Resources (DOGGR) revealed that nearly 2,500 wells have been permitted to inject oil and gas waste into protected aquifers, a clear violation of the Safe Drinking Water Act.

More than 2,000 of the wells are currently active, with 490 used for injection of oil and gas wastewater and 1,987 used to dispose of fluids or steam used in enhanced oil recovery techniques like acidization and cyclic steam injection.

“The Division acknowledges that in the past it has approved UIC projects in zones with aquifers lacking exemptions,” DOGGR told the EPA in a letter dated Feb. 6.

“California Crossroads Tour” Calls On Governor Jerry Brown To Ban Fracking

California Governor Jerry Brown recently proposed the most ambitious renewable energy targets in the US, but that does not mitigate his support for the controversial high-intensity oil extraction technique known as hydraulic fracturing (fracking), according to activists who have embarked on a statewide tour to call for the governor to ban the practice.

Organized by Californians Against Fracking—a coalition of environmental and environmental justice groups including, Food & Water Watch, and the Center on Race, Poverty and the Environment—the “California Crossroads Tour” is aimed at not just ending dangerous oil extraction methods but is also calling on Governor Brown to go even further than he did with his recent proposal to change the state’s Renewable Portfolio Standard from 33% by 2020 to 50% by 2030.

Instead, the activists want Brown to put policies in place that would end the Golden State’s addiction to fossil fuels once and for all.

“California is at a crossroads,” David Braun of Californians Against Fracking and an organizer of the tour said in a press release. “Our governor and our elected officials need to decide if we’re going to be a real leader on climate change, or if we will continue to allow fracking and other dangerous extractions methods that put our communities and environment at risk.”

White House Confirms Obama Will Veto TransCanada's Keystone XL Pipeline

The White House confirmed today that President Obama will veto Congressional legislation designed to greenlight construction of the Keystone XL pipeline, the contentious project first proposed six years ago to carry more than 800,000 barrels per day of Canadian oilsands crude from Alberta to refineries and export facilities along the Gulf of Mexico.

Despite strong indications of support in Congress, the Obama Administration has already indicated it will veto the bill to expedite approval of the $8 billion project if approved. A similar bill was blocked by Democrats in the Senate in November.

If this bill passes this Congress the president won’t sign it either,” Josh Earnest, White House press secretary, said. Obama rejected TransCanada's application to build the pipeline in 2012, suggesting congressional Republicans had set a “rushed and arbitrary deadline” for the project's approval.

The bill, proposed by Republican Senator John Hoeven from North Dakota and Democratic Senator Joe Manchin from West Virginia, will be debated in a Senate Energy and Natural Resources Committee hearing Wednesday with the panel set to vote on the project Thursday.

Environmental Groups File Motion to Intervene in Defense of Denton Fracking Ban

Just days after attorneys representing Denton, Texas submitted their initial responses to two legal complaints filed against Denton — the first Texas city ever to ban hydraulic fracturing (“fracking”)  environmental groups have filed an intervention petition. That is, a formal request to enter the two lawsuits filed against the city after its citizens voted to ban fracking on election day.

Denton Drilling Awareness Group and Earthworks are leading the intervention charge, represented by attorneys from the Natural Resources Defense Council (NRDC) and EarthjusticeThe drilling awareness group runs the Frack Free Denton campaign.

Those groups have joined up with attorneys representing Denton to fight lawsuits filed against the city by both the Texas Oil and Gas Association and the Texas General Land Commission.


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