fracking

The Only Legal Challenge To Local Fracking Bans In California Was Just Quietly Dropped

The only lawsuit seeking to overturn any of the local fracking bans in the state of California has been dropped.

Southern California-based Citadel Exploration filed a suit on February 27 against San Benito County’s Measure J, which voters approved by a wide margin last November despite the oil and gas industry outspending its opponents 13-to-1 in an attempt to defeat the measure.

Citadel had called Measure J an “illegal local statutory scheme” and argued that only the state has the right to regulate oil and gas development, according to the San Jose Mercury News. The company has not released any further statements or responded to requests for comment on why it chose to drop the suit.

But anti-fracking activists and others who have worked on the fracking bans have their own theories.

“It's pretty clear to me now that the oil industry was bluffing,” Andy Hsia-Coron, a retired schoolteacher who helped run the Measure J campaign, told the San Jose Mercury News. “As they examined their hand, they realized it was pretty weak.”

New Federal Fracking Rules Rely on FracFocus Even as EPA Research Highlights Site's Flaws

It's a classic case of the government's left hand not knowing what the right hand is doing. Days after the Bureau of Land Management issued new federal rules for fracking on federal land, relying heavily on an industry-run site called FracFocus, the Environmental Protection Agency issued a study mainly noteworthy for the shortcomings of the site that it revealed.

More than 70 percent of the chemical disclosure statements that drillers posted on FracFocus between January 2011 and February 2013 were missing key information because drillers labeled that data “confidential business information,” the EPA reported.

On average, drillers reported using a mix of 14 different chemicals at each well site. At sites where information was withheld, an average of five chemicals were not named.

In fact, FracFocus allowed drillers to conceal the identity of more than one out of every ten chemicals whose use was “disclosed” on the site, EPA researchers found.

This made it impossible for EPA's researchers, who received over 39,000 disclosure statements from FracFocus in March 2013 and published their study two years later, to definitively say what chemicals drillers used most often, how much of each chemical was injected underground, or even to simply create a list of all the chemicals used at the wells.

BNSF Challenges Lawsuit From Engineer Who Ran For His Life From Exploding Oil "Bomb Train"

Burlington Northern Santa Fe (BNSF) has responded defensively to the oil-by-rail lawsuit filed by former BNSF locomotive engineer Bryan Thompson, a case recently reported on by DeSmogBlog.

BNSF — the top rail carrier of oil obtained via hydraulic fracturing (“fracking”) in North Dakota's Bakken Shale basin — denied all charges. The company also argued that some federal laws protect the company from liability for injuries allegedly suffered by Thompson. 

The  Answer to the Complaint signals the likelihood of a protracted legal battle ahead. Lee A. Miller, a Minneapolis, Minnesota-based attorney representing BNSF against Thompson, filed the company's response in Cass County, North Dakota. 

Miller argued that the damages allegedly suffered by Thompson — which include Post-Traumatic Stress Disorder (PTSD) from living through and running away from the December 2013 Casselton, North Dakota oil train explosion — were “caused or contributed to by Plaintiff's own contributory or sole fault.”

He also argued that the explosion occurred due to “unknown causes for which BNSF is not responsible” and “are the result of acts or omissions of persons, entities, or corporations other than BNSF…over whom” they have “no control or right to control at the time of the alleged incident.”

BNSF Responds to Former Engineer Lawsuit
Image Credit: State of North Dakota District Court; East Central Judicial District

Disclosure Fail: Industry Reps Testifying for Denton, Texas Fracking Bill Left Ties Undisclosed

March 24 hearing prior to the passage of a controversial bill out of committee that preempts cities in Texas from regulating hydraulic fracturing (“fracking”) for oil and gas obtained from shale basins, featured numerous witnesses who failed to disclose their industry ties, including some with ties to the Koch brothers

The next day on March 25, Texas Senate Bill 1165 — “Relating to the express preemption of regulation of oil and gas operations and the exclusive jurisdiction of those operations by the state” — passed in the Senate Natural Resources & Economic Development Committee unanimously. Its companion bill, HB 40, also only received a single dissenting vote, and it now advances to a full floor vote in both chambers.  

The legislation is seen by some as part of the multipronged effort to chip away and ultimately defeat the Denton, Texas fracking ban voted on by the city's citizens on Election Day 2014, with another prong being the lawsuits filed against the city.

The March 24 Senate Natural Resources & Economic Development hearing on SB 1165, lasting over four hours, featured a long list of witnesses testifying for and against the bill.

Though everyone testifying in support of it had industry ties, a DeSmogBlog investigation reveals that a few of them did not disclose this when signing up to testify and simply wrote they were testifying as “self.” 

March Madness: Don’t Miss DeSmog UK’s Top Moments

We hit an exciting milestone in March with both our Facebook and Twitter pages reaching more than 1,000 followers. So, a big thank you is owed to everyone for liking and engaging with DeSmog UK!

Our top story caused quite the stir, to say the least. In a two-part exclusive interview with Michael Mann – dubbed his most intimate interview ever – we covered everything from American football and colour printers to Mann’s love of solving “important problems”.

With almost 4,000 pageviews between the two posts, and more than 200 shares on social media, we saw a global and varied readership. Michael Mann thought it was pretty great too, sharing it out on all his social media channels (cheers for that!).

Fracking Has No Business in Lancashire - Local Firms Protest

Local small businesses seem to be throwing their weight behind the anti-fracking movement rather than the pro-fracking business lobby in Lancashire, finds Ben Lucas, MA Investigative Journalist student at City University.

There are currently more businesses in Lancashire that oppose rather than support fracking, according to available data.

The industry-funded North West Energy Task Force lists 349 businesses that support fracking in the area. But as Greenpeace revealed this week, only 149 businesses, or less than half listed (43 percent), are actually from Lancashire.

BNSF Engineer Who Manned Exploding North Dakota "Bomb Train" Sues Former Employer

A Burlington Northern Santa Fe (BNSF) employee who worked as a locomotive engineer on the company's oil-by-rail train that exploded in rural Casselton, North Dakota in December 2013 has sued his former employer

Filed in Cass County, the plaintiff Bryan Thompson alleges he “was caused to suffer and continues to suffer severe and permanent injuries and damages,” including but not limited to ongoing Post-Traumatic Stress Disorder (PTSD) issues.

Thompson's attorney, Thomas Flaskamp, told DeSmogBlog he “delayed filing [the lawsuit until now] primarily to get an indication as to the direction of where Mr. Thompson's care and treatment for his PTSD arising out of the incident was heading,” which he says is still being treated by a psychiatrist.

The lawsuit is the first of its kind in the oil-by-rail world, the only time to date that someone working on an exploding oil train has taken legal action against his employer using the Federal Employers' Liability Act.

BNSF Engineer Casselton Lawsuit

Image Credit: State of North Dakota District Court; East Central Judicial District

Texas-sized Dose of Hypocrisy Served Up To Local Governments Statewide in an Effort to Overturn Denton's Fracking Ban

On March 24, the Texas House of Representatives’ Energy Resources Committee passed a bill that would rescind the fracking ban in Denton and other efforts by local Texas municipalities to protect themselves from the oil and gas industry. Once language in the bill is finalized, which could happen today, the legislation will make its way to the full Texas Senate for a vote. 

“The oil and gas industry are getting what they always wanted – to get these pesky cities out of the way. They’re utilizing the lack of diligence and gullibility of state government – who are bought and paid for by industry, by using the Denton fracking ban to get what they want,” Denton Councilman Kevin Roden told DeSmogBlog. 

“It is a political cliché to take advantage of a good crisis. And the fracking ban gave them a good crisis.” Roden said.

Instead of fighting the ban in the courts, industry made a preemptive move to eliminate local ordinances altogether by pushing representatives to pass laws against ordinances in their way. 

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.”

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.

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