Natural Resources Defense Council

Wed, 2015-02-11 04:58Mike Gaworecki
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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.

Wed, 2015-01-07 12:46Sharon Kelly
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EPA Sued Over Disclosure Rules for Toxic Pollution from Drilling and Fracking

The U.S. Environmental Protection Agency has been sued over toxic chemicals released into the air, water and land by the oil and gas industry, a coalition of nine environmental and open government groups announced today.

The extraction of oil and gas releases more toxic pollution than any other industry except for power plants, according to the EPA's own estimates, the coalition, which filed the lawsuit this morning in the U.S. District Court for the District of Columbia, noted.

But the industry has thus far escaped federal rules that, for over the past two decades, have required other major polluters to disclose the type and amount of toxic chemicals they release or dispose. The Toxic Release Inventory (TRI) is a federal pollution database, established under the Emergency Planning and Community Right to Know Act, and can be used by first-responders in the event of a crisis as well as members of the general public.

People deserve to know what toxic chemicals are being used near their homes, schools and hospitals,” said Matthew McFeeley, staff attorney for the Natural Resources Defense Council.

For too long, the oil and gas industry has been exempt from rules that require other industries to disclose the chemicals they are using, so communities and workers can better understand the risks. It’s high time for EPA to stop giving the oil and gas industry special treatment.”

Roughly one in four Americans live within a mile of an oil or gas well, making the air emissions from the industry a matter of local concern to a fast-growing number of families.

Thu, 2014-12-04 15:52Steve Horn
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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.

Sun, 2014-08-31 08:00Steve Horn
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Legal Case: White House Argues Against Considering Climate Change on Energy Projects

Just over a month before the United Nations convenes on September 23 in New York City to discuss climate change and activists gather for a week of action, the Obama White House Council on Environmental Quality (CEQ) argued it does not have to offer guidance to federal agencies it coordinates with to consider climate change impacts for energy decisions.

It came just a few weeks before a leaked draft copy of the Intergovernmental Panel on Climate Change's (IPCC) latest assessment said climate disruption could cause “severe, pervasive and irreversible impacts for people and ecosystems.”

Initially filed as a February 2008 petition to CEQ by the International Center for Technology Assessment, the Sierra Club and the Natural Resources Defense Council (NRDC) when George W. Bush still served as President, it had been stalled for years. 

Six and a half years later and another term into the Obama Administration, however, things have finally moved forward. Or backwards, depending on who you ask. 

NEPA and CEQ

The initial February 2008 legal petition issued by the plaintiffs was rather simple: the White House's Council for Environmental Quality (CEQ) should provide guidance to federal agencies it coordinates with to weigh climate change impacts when utilizing the National Environmental Policy Act (NEPA) on energy policy decisions. 

A legal process completely skirted in recent prominent tar sands pipeline cases by both TransCanada and Enbridge, NEPA is referred to by legal scholars as the “Magna Carta” of environmental law.

Magna Carta; Photo Credit: Wikimedia Commons

CEQ oversees major tenets of environmental, energy and climate policy. It often serves as the final arbiter on many major legislative pushes proposed by Congress and federal agencies much in the same way the White House's Office of Information and Regulatory Affairs (OIRA) does for regulatory policy. 

Thu, 2014-08-21 12:26Steve Horn
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After Oregon Rejects Coal Export Plan, Long Beach Votes to Export Coal and PetKoch

Just a day after the Oregon Department of State Lands shot down a proposal to export 8.8 million tons per year of coal to Asia from the Port of Morrow in Boardman, Oregon, the Long Beach City Council achieved the opposite.

In a 9-0 vote, the Council voted “yay” to export both coal and petroleum coke (petcoke, a tar sands by-product) to the global market — namely Asia — out of Pier G to the tune of 1.7 million tons per year. Some have decried petcoke as “dirtier than the dirtiest fuel.“ 

More specifically, the Council determined that doing an environmental impact statement before shipping the coal and petcoke abroad was not even necessary. 

decision originally made in June and then appealed by Earthjustice on behalf of the Sierra Club, Natural Resources Defense Council (NRDC) and Communities for a Better Environment, the Council shot down the appeal at an August 19 hearing

“We are very disappointed about the decision, but that does not diminish the amazing victory in Oregon,” Earthjustice attorney Adrian Martinez said in a statement provided to DeSmogBlog via email. “The decision in Long Beach just highlights the grasp that the fossil fuel industry has on the City's leaders.”

The Earthjustice legal challenge and the the subsequent August 19 hearing was not about banning coal or petcoke exports. Rather, Earthjustice and its clients requested that the City of Long Beach do an environmental impact statement for two companies given contracts to export the commodities for 15-20 years.

One of those companies, Oxbow Carbon, is owned by the “Other Koch Brother,” William “Bill” Koch. Like his brothers David and Charles Koch, he has made a fortune on the U.S. petcoke storage and export boom. Also like his brothers, he is a major donor to the Republican Party.

Wed, 2014-05-28 05:00Sharon Kelly
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Exclusive: Leaked EPA Draft Fracking Wastewater Guidance Suggests Closer Scrutiny for Treatment Plants

One of the most intractable problems related to fracking is that each well drilled creates millions of gallons of radioactive and toxic wastewater.

For the past several years, the Environmental Protection Agency has faced enormous public pressure to ensure this dangerous waste stops ending up dumped in rivers or causing contamination in other ways.

But the drilling boom has proceeded at such an accelerated pace in the United States that regulators have struggled to keep up, to control or even track where the oil and gas industry is disposing of this radioactive waste. As a consequence, hundreds of millions of gallons of partially treated waste have ended up in the rivers from which millions of Americans get their drinking water. 

An internal draft EPA document leaked to DeSmog gives a small window into how, after a full decade since the start of the drilling boom, the agency is responding.

The document, dated March 7, 2014, is titled “National Pollutant Discharge Elimination System Permitting and Pretreatment for Shale Gas Extraction Wastewaters: Frequently Asked Questions.”

It's revealing for what it shows about how EPA staff are taking the hazards of fracking wastewater more seriously — and also how little things have changed.

“In general, the EPA memo does a good job of making clear that fracking wastewater discharges are covered under the Clean Water Act, and that proper discharge permitting is required, including setting limits to protect water quality standards and to comply with technology based standards in the Clean Water Act,” explained Clean Water Action attorney Myron Arnowitt, who was asked by DeSmog to review the document. “It is mostly an increased level of detail for regional EPA staff regarding permitting issues under the Clean Water Act, compared to the pervious memo in 2011.”

The document, intended as a guide for local regulators on how the Clean Water Act should be interpreted and applied, is impressive in many ways.

Thu, 2014-05-15 05:00Sharon Kelly
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Pressure Grows on EPA to Regulate Toxic Air Pollution from Oil and Gas Industry

On Tuesday, 64 environmental groups, representing over 1 million members and supporters, submitted a legal petition to the Environmental Protection Agency, calling on the federal government to more closely regulate toxic air pollution from oil and gas drilling sites.

Continued, uncontrolled toxic pollution from oil and gas production creates serious health threats in metropolitan areas across the country,” the groups wrote, warning that over 1.04 million oil and gas wells have been drilled in the U.S. and as many as 45,000 new wells are expected annually over the next two decades.

The petition represents a shot across the bow of the EPA, as the filing lays the groundwork for lawsuits by environmental groups should the agency fail to act.

The move puts the EPA on notice that it may be violating federal law by failing to regulate air pollution from oil and gas drilling and fracking sites. “EPA also has a responsibility under the Clean Air Act to protect people from toxic air emissions nationwide,” the groups wrote, “and under section 112(n)(4)(B) it must do so.”

Absolutely this lays the groundwork for possible future litigation,” said Jeremy Nichols, a program director for WildEarth Guardians, one of the signatories to the petiton, “oil and gas wells are one of the most under-regulated sources of toxic air pollution in the U.S., yet these very wells are increasingly being drilled and fracked in communities across the nation.”

The current shale drilling boom has led to a massive spike in the number of people living near drilling, and the lack of federal regulation over the industry has led to complaints from residents across the US about the impact on their health and the health of their families.

Mon, 2013-11-18 05:00Sharon Kelly
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George W. Bush on Keystone XL: "Build the Damn Thing"

Make private companies happy. Don’t worry about the environment. Stop fretting about long-term sustainability. Forget renewables, property concerns, the safety of our water and air. Make private companies happy.

This was the 43rd president's message to the current administration at the DUG East conference held by the shale gas industry on Thursday.

With characteristic bluntness, George W. Bush spoke his mind on energy policy to several thousand oil and gas executives gathered in Pittsburgh at an exclusive luncheon on Wednesday.

“I think the goal of the country ought to be 'how do we grow the private sector?'” Mr. Bush said. “That ought to be the laser-focus of any administration. And therefore, once that’s the goal, an issue like Keystone pipeline becomes a no-brainer.”

“If private sector growth is the goal and Keystone pipeline creates 20,000 new private sector jobs, build the damn thing,” Mr. Bush said, prompting a burst of applause from the more than 4,000 oil and gas executives attending the conference.

In his candor, Mr. Bush also highlighted the essence of what burns bright but short in the fossil-fuel doctrine.

In emphasizing a get-it-now, don’t-worry-about-the-future approach to energy, he drove home why the Keystone XL pipeline has become such a lightning rod issue. The reason: it is symbolic of the overall short-sightedness of increasing our long-term addiction to oil rather than pushing with urgency toward renewable energy.

Thu, 2013-05-30 11:45Steve Horn
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Fracking "Shock Doctrine" Unveiled as 2013 Illinois Legislative Session Nears End

The shale gas industry has performed the “shock doctrine” at the 11th hour of the 2013 Illinois State Legislature's debate over hydraulic fracturing (“fracking”), the toxic horizontal drllling process through which oil and gas is obtained from shale rock basins nationwide. 

This year, both the Illinois House and Senate are set to adjourn for the year on May 31 and the Hydraulic Fracturing Regulation Act will likely receive a full floor vote by adjournment. The regulatory bill has 59 House co-sponsors and eight Senate co-sponsors. Democratic Party Gov. Pat Quinn said he will sign the bill when it arrives on his desk. 

With the deadline looming rapidly, anti-fracking activists - or “fracktivists” - have been protestingsitting intestifying in committee hearings and committing acts of non-violent civil disobedience daily at the Illinois State Capitol in Springfield. 

Two days before that deadline, the Associated Press (AP) reported that records from the state Department of Natural Resources (DNR) indicate fracking already has begun in Illinois' New Albany Shale Basin

“Carmi, Ill.-based Campbell Energy LLC submitted a well-completion report last year to the [DNR] voluntarily disclosing that it used 640,000 gallons of water [fracking] a well in White County,” AP reports. AP also explained the report was first obtained by the Natural Resources Defense Council (NRDC).  

The last-minute announcement paves the way for a “buzzer beater” public relations effort by the industry to ram through a regulatory bill deemed the “most comprehensive fracking legislation in the nation” by its proponents and a “worst case scenario” by its detractors. The bill was predominatly written by Illinois Oil and Gas Association (IOGA), working alongside two major environmental groups: the Illinois Sierra Club and NRDC

NRDC told DeSmogBlog it caught wind of the Campbell Energy well-completion report not from the industry itself at the negotiating table, but through a Freedom of Information Act (FOIA) request. The FOIA request also showed another company has fracked a well: Strata-X Energy Ltd.

Tue, 2013-05-21 09:36Steve Horn
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"Gasland 2" Grassroots Premiere in Illinois Highlights Industry PSYOPS and Ongoing Fracking Fights

Gasland 2” screened yesterday in Normal, IL and DeSmogBlog was there to gain a sneak peak of the documentary set for a July 8 HBO national premiere. 

Josh Fox's documentary played at the Normal Theater, the second-ever screening since the film officially premiered on April 21 at the Tribeca Film Festival in New York City

The movie builds on Fox's Academy Award-nominated “Gasland,” further making the case of how the shale industry's hydraulic fracturing (“fracking”) boom is busting up peoples' livelihoods, contaminating air and water, polluting democracy and serving as a “bridge fuel” only to propel us off the climate disruption cliff. 

A central theme and question of the film is, “Who gets to tell the story?” That is, industry PR pros and bought-off politicians utilizing the “tobacco playbook” and saying “the sky is pink,” or families directly injured by the industry? Fox explains how the industry has gamed the system, ensuring the communities have their voices drowned out. The Gasland films seek to tell some of the victims' stories. 

Another theme is the bread and butter of following any big industry's influence: following the money. In depicting the financial clout of Big Oil, “Gasland 2” shows that the oil and gas industry has gone to the lengths of deploying warfare tactics - literally - on U.S. citizens to ram through its agenda. 

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