hydraulic fracturing

Fri, 2015-01-23 04:58Steve Horn
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Federal Court Order: Explosive DOT-111 "Bomb Train" Oil Tank Cars Can Continue to Roll

A U.S. federal court has ordered a halt in proceedings until May in a case centering around oil-by-rail tankers pitting the Sierra Club and ForestEthics against the U.S. Department of Transportation (DOT). As a result, potentially explosive DOT-111 oil tank cars, dubbed “bomb trains” by activists, can continue to roll through towns and cities across the U.S. indefinitely.  

“The briefing schedule previously established by the court is vacated,” wrote Chris Goelz, a mediator for the U.S. Court of Appeals for the Ninth Circuit. “This appeal is stayed until May 12, 2015, or pending publication in the Federal Register of the final tank car standards and phase out of DOT-111 tank cars, whichever occurs first.”

Order to Delay DOT-111 Bomb Trains Case
Image Credit: U.S. Court of Appeals for the Ninth Circuit

Filing its initial petition for review on December 2, the Sierra Club/ForestEthics lawsuit had barely gotten off the ground before being delayed.

Thu, 2015-01-22 05:00Julie Dermansky
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Fracking Boom Expands Near Chaco Canyon, Threatens Navajo Ancestral Lands and People

Beneath a giant methane gas cloud recently identified by NASA, the oil and gas fracking industry is rapidly expanding in northwestern New Mexico. Flares that light up the night sky at drilling sites along the stretch of Route 550 that passes through the San Juan Basin, which sits on top of the oil rich Mancos Shale, are tell-tale indicators of the fracking boom. 

Much of the land being fracked belongs to the federal government. The rest is a mixture of state, private and Navajo Nation land.

The region is known to the Diné (Navajo) as Dinétah, the land of their ancestors.  It is home of the Bisti Badlands and Chaco Culture National Historical Park, a World Heritage Site.


Flares burning at fracking industry site on federal land near Counselor, New Mexico ©2015 Julie Dermansky

Wed, 2015-01-21 16:47Steve Horn
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Heather Zichal, Former Top Obama Energy Aide, Named Fellow at Industry-Funded Atlantic Council

Heather Zichal, former top climate and energy aide to President Barack Obama his top aide in crafting his 2008 presidential campaign energy platform, has joined the industry-funded Atlantic Council as a fellow at its Global Energy Center.

Wed, 2015-01-07 05:00Steve Horn
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Did DeSmog's Coverage of Coal Baron Bob Murray v. Fracker Aubrey McClendon Lawsuit Lead To Sealing of Court Records?

On December 12, Magistrate Judge Mark R. Abel issued an order for the U.S. District Court for the Southern District of Ohio to place five sets of court records under seal for the ongoing case pitting coal baron Robert E. Murray against Aubrey McClendon, one of the godfathers of the hydraulic fracturing (“fracking”) boom.

DeSmogBlog published parts of two sets of the five sets of documents ordered under seal by Abel in an October 2014 article about the Murray v. McClendon case. The documents we published revealed a lease for McClendon's new venture — American Energy Partners — for the first time. 

Bob Murray, owner of American Energy Corporation Century Mine in Ohio, sued Aubrey McClendon for allegedly infringing upon his company's copyright in August 2013. He claimed McClendon commandeered the “American Energy” brand.

Both sides have now gone back-and-forth over discovery related issues for months. The dispute has shaken loose many newsworthy documents revealing much about McClendon's new company in particular.

This includes the American Energy Partners lease; a local newspaper advertisement pushing readers to apply for an American Energy Partners job; heavily redacted depositions of officials representing both companies; a redacted document revealing some of the companies to which McClendon's new venture sells the gas it produces; and more.

Sun, 2014-12-21 11:25Sharon Kelly
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As New York Bans Fracking, Calls for Moratorium in Pennsylvania Grow Stronger

This week, New York Governor Cuomo announced that his state would ban fracking, due in large part to concerns about impacts on public health. But right across the border in Pennsylvania, one of the fastest-moving shale booms in the country still proceeds at breakneck speed.

While Governor-elect Tom Wolf campaigned on promises to tax shale gas extraction, evidence continued to grow that Pennsylvania has struggled to police the drilling industry or even keep tabs on its activities. A scathing report issued in July by State Auditor General Eugene DePasquale found that record-keeping was “egregiously poor,” and environmental regulators do “not have the infrastructure in place to meet the continuing demands placed upon the agency by expanded shale gas development.”

For the past several years, Pennsylvania has had a history of lax regulation of the shale rush and its impacts on drinking water. For example, in 2011, the state made national headlines for allowing shale wastewater laced with toxic and radioactive materials to be discharged after incomplete treatment into rivers and streams that were not capable of fully diluting the waste, according to internal EPA documents. Even now, toxic waste from the fracking industry is only tracked via industry self-reporting, which a Pittsburgh Post-Gazette investigation found has led to major gaps in tracking and reporting.

“I think there is a strong feeling in Pennsylvania that what happened in New York is in large part because of the demonstrated damage caused by gas production here,” said Myron Arnowitt, State Director of Clean Water Action.

“It appears that the leadership in New York has been more responsive to what has been happening to Pennsylvanians than the leadership in Pennsylvania.”

Thu, 2014-12-18 15:31Steve Horn
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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 

Sun, 2014-12-14 15:38Steve Horn
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Revealed: How Big Oil Got Expedited Permitting for Fracking on Public Lands Into the Defense Bill

The U.S. Senate has voted 89-11 to approve the Defense Authorization Act of 2015, following the December 4 U.S. House of Representatives' 300-119 up-vote and now awaits President Barack Obama's signature.

The 1,616-page piece of pork barrel legislation contains a provision — among other controversial measures — to streamline permitting for hydraulic fracturing (“fracking”) on U.S. public lands overseen by the Bureau of Land Management (BLM), a unit of the U.S. Department of Interior.

Buried on page 1,156 of the bill as Section 3021 and subtitled “Bureau of Land Management Permit Processing,” the bill's passage has won praise from both the American Petroleum Institute (API) and the Independent Petroleum Association of America (IPAA) and comes on the heels of countries from around the world coming to a preliminary deal at the United Nations climate summit in Lima, Peru, to cap greenhouse gas emissions.

We applaud the Senate…and are hopeful the president signs this measure in a timely fashion,” said Dan Naatz, IPAA lobbyist and former congressional staffer, in a press release

Alluding to the bottoming out of the global price of oil, Naatz further stated, “In these uncertain times of price volatility, it’s encouraging for America’s job creators to have regulatory certainty through a streamlined permitting process.”

Streamlined permitting means faster turn-around times for the industry's application process to drill on public lands, bringing with it all of the air, groundwater and climate change issues that encompass the shale production process. 

At the bottom of the same press release, IPAA boasted of its ability to get the legislative proposal introduced initially by U.S. Sen. Tom Udall (D-NMas the BLM Permit Processing Improvement Act of 2014 after holding an “educational meeting” with Udall's staffers. Endorsed by some major U.S. environmental groups, Udall took more than $191,000 from the oil and gas industry during his successful 2014 re-election campaign.

IPAA's publicly admitted influence-peddling efforts are but the tip of the iceberg for how Big Oil managed to stuff expedited permitting for fracking on U.S. public lands into the National Defense Authorization Act of 2015.

Wed, 2014-12-10 06:18Judith Lavoie
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Chemicals Released During Fracking Could Harm Reproductive Health: University of Missouri Study

Fracking pollutes water

Chemicals released into the air and water during fracking operations may result in human health problems ranging from birth defects to decreased semen quality, a U.S study has found.

University of Missouri researcher Susan Nagel and colleagues from the Institute for Health and the Environment and the Center for Environmental Health conducted the most extensive review to date of research on fracking by-products and effects on human reproductive and environmental health. They concluded that exposure to chemicals used in fracking may be harmful to human health.

The paper, Reproductive and Developmental Effects of Chemicals Associated with Unconventional Oil and Natural Gas Operations, published in the peer-reviewed journal Reviews on Environmental Health recommends further study.

We examined more than 150 peer-reviewed studies reporting on the effects of chemicals used in unconventional oil and gas operations and found evidence to suggest there is cause for concern for human health,” Nagel said.

Mon, 2014-12-08 10:26Steve Horn
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New Obama State Dept Top Energy Diplomat Amos Hochstein A Former Marathon Oil Lobbyist

The U.S. State Department recently announced that Amos Hochstein, currently the special envoy and coordinator for international energy affairs, will take over as the State Department's top international energy diplomat.

Hochstein will likely serve as a key point man for the U.S. in its negotiations to cut a climate change deal as part of the United Nations Framework Convention on Climate Change (UNFCCC), both at the ongoing COP20 summit in Lima, Peru and next year's summit in Paris, France. Some conclude the Lima and Paris negotiations are a “last chance” to do something meaningful on climate change.

But before getting a job at the State Department, where Hochstein has worked since 2011, he worked as a lobbyist for the firm Cassidy & Associates. Cassidy's current lobbying client portfolio consists of several fossil fuel industry players, including Noble Energy, Powder River Energy and Transwest Express. 

Back when Hochstein worked for Cassidy, one of his clients was Marathon Oil, which he lobbied for in quarter two and quarter three of 2008, according to lobbying disclosure forms reviewed by DeSmogBlog.

Hochstein earned his firm $20,000 each quarter lobbying the U.S. House of Representatives and the U.S. Senate on behalf of Marathon. 


Image Credit: Office of the Clerk, U.S. House of Representatives

Thu, 2014-12-04 06:00Steve Horn
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First Texas City to Ban Fracking Cites "Public Nuisance" in Lawsuit Response

Attorneys representing Denton, Texas, the first city to ban hydraulic fracturing (“fracking”) in state history, have issued rebuttals to the two lawsuits filed against Denton the day after the fracking ban was endorsed by voters on election day. 

Responding to lawsuits brought by attorneys with intimate Bush family connections — with complaints coming from both the Texas General Land Office and the Texas Oil and Gas Association — the Denton attorneys have signaled the battle has only just begun in the city situated in the heart and soul of the Barnett Shale, the birthplace of fracking. 

In its response to the Texas Oil and Gas Association, Denton's attorneys argued the Association did not provide sufficient legal evidence that the Texas constitution demarcates the Texas Railroad Commission or the Texas Commission on Environmental Quality as the only governmental bodies that can regulate or permit fracking.

“Nowhere in…the Petition as a whole, does Plaintiff identify what regulations have been passed by the Texas Railroad Commission or the Texas Commission or Environmental Quality that allegedly occupy the 'entire field' rendering the [ban] preempted and unconstitutional,” wrote the attorneys. “City requests the Court to order Plaintiff to replead that claim with greater specificity to meet those fair notice requirements.”

Industry-friendly Railroad Commission (RRC) chairman Christi Craddick is on the record stating that the RRC will continue to issue permits despite the fact Denton citizens voted for a ban.

The Denton attorneys also argued that fracking is a “public nuisance” and “subversive of public order” in defense of the fracking ban.

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