texas

Facing Felony Charges, Rick Perry Joins Board of Energy Transfer Partners, Owner of Proposed Oil Pipeline Across Iowa

Additional Reporting by David Goodner

Former Texas Republican Governor Rick Perry has joined the board of directors at Energy Transfer Partners, a natural gas and propane company headquartered in Dallas, Texas that has proposed to build a controversial Bakken crude oil pipeline across Iowa.

The announcement, which appeared in Energy Transfer Partners' February 3 Form 8-K filing to the U.S. Securities and Exchange Commission (SEC), comes as Perry faces two Texas state-level felony charges for abuse of power. Perry pleaded not guilty to both charges and District Judge Bert Richardson recently ruled against dismissing Perry's case.  

“It isn't immediately clear how much Perry will be paid for his board position,” explained the Texas Tribune. “According to regulatory filings published on the company's website, non-employee board directors were paid $50,000 a year in 2013.”

Despite the felony charges, Perry is still strongly considering a 2016 presidential run, according to a recent article published by the Associated Press, which reported he may make a final decision on whether or not to run by May. 

The Energy Transfer Partners filing to the SEC describes Perry's appointment: 

Item 5.02. Departure of Directors or Certain Officers; Election of Directors; Appointment of Certain Officers; Compensatory Arrangements of Certain Officers.
On February 3, 2015, James R. (Rick) Perry was appointed as a director of Energy Transfer Partners, L.L.C., the general partner of Energy Transfer Partners GP, L.P., which is the general partner of Energy Transfer Partners, L.P. (the “Partnership”). Mr. Perry served as the Governor of Texas from 2000 until 2015.
 
There are no arrangements or understandings with the Partnership, or any other persons, pursuant to which Mr. Perry was appointed as a director of Energy Transfer Partners, L.L.C. Mr. Perry is not currently expected to be named to any committees of the board of directors of Energy Transfer Partners, L.L.C. At this time, the Partnership is not aware of any transactions, since the beginning of the Partnership’s last fiscal year, or any currently proposed transactions, in which the Partnership was or is to be a participant involving amounts exceeding $120,000, and in which Mr. Perry had or will have a direct or indirect material interest. Consistent with other non-employee members of the Board of Directors, Mr. Perry will be eligible to receive cash compensation for his service on the Board of Directors and equity compensation under the Second Amended and Restated 2008 Long-Term Incentive Plan, as described in the Definitive Proxy Statement on Schedule 14A filed by the Partnership with the SEC on October 24, 2014.
 

Fracking Industry Showdown Preceding Stricter Fugitive Emissions Ordinances In Mansfield, Texas

Sharon Wilson, Earthworks’ Gulf Regional Organizer, described FLIR camera footage she shot of a fracking industry site on January 29 in Mansfield, Texas, as ‘the mother lode of all emissions.”

The issue of fugitive emissions — like those documented by Wilson at Summit Midstream Partners Compressor Station on the 29th — is one of the reasons that the Mansfield City Council is struggling with how to handle a request from another oil and gas company, Edge Resources, to renew an expired permit.

Approving the permit renewal would allow Edge Resources to pursue a large fracking industry development in a growing residential neighborhood not far from the Mansfield Performing Fine Arts Center, where fracking industry sites have already caused problems. A growing group of residents do not believe regulators can protect them from the gas industry.

Watch FLIR video shot by Sharon Wilson on behalf of the Citizen Empowerment Project at the Summit Midstream Partners Compressor Station:

Texas Town at Center of Latest Earthquake Swarm Questions Fracking Impact

January has been a shaky month for Irving, Texas. Twelve earthquakes rattled the city during a 48-hour period at the end of the first week of the new year.

“It was very scary. I was at my job on the 4th floor in a cubicle surrounded by glass,” Tonya Rochelle Tatum, a loan specialist who works in Irving, told DeSmogBlog. “One quake seemed like it lasted five minutes. No one knew what to do.”

The earthquake swarm shows no sign of stopping. On January 21, five more quakes struck.

The quakes are relatively small, all of them registering under 4 on the Richter Scale. None has caused significant damage to property or resulted in bodily harm — but that hasn’t stopped people from worrying about their personal safety and property.  

A Dallas suburb, Irving sits atop the Barnett Shale, a geologic formation rich in natural gas. Seismic activity is not something the region is known for, and the fact that the earthquakes are now in the news has many fearing their home values will drop.

Residents want to know what is causing the quakes, the likelihood they may increase in size and if anything can be done to stop them. A public meeting held January 21 by city officials to address the earthquakes and other issues overflowed the 250-person capacity of the Irving Arts Center.

“Everywhere they’re fracking they have earthquakes,” someone in the audience yelled out, according to the Dallas Morning News.

California Court Rejects Misleading Language In Local Fracking Ballot Initiative--Twice

Residents of La Habra Heights in Los Angeles County, California want their city to become the latest to ban fracking and other high intensity oil extraction methods, and have placed an initiative on the March 2015 ballot to do just that.

The residents and activists seeking to ban fracking in La Habra Heights won a significant battle on New Year’s Eve when inaccurate and misleading ballot language backed by the oil and gas industry was rejected by the Los Angeles Superior Court. Now they've won a second victory against the oil and gas companies trying to game the citizen initiative system.

“The Healthy City Initiative,” also known as Measure A, seeks to ban fracking and would also prohibit any new oil and gas wells from being drilled within city limits, as well as bar dormant wells from being reactivated. The intention is to stop La Habra Heights from becoming the latest fracking boom town without shuttering current oil and gas development projects, so as to have as minimal an impact on the local economy as possible while ensuring the future health and viabillity of the community.

Earthjustice sued the city of La Habra Heights on December 1 on behalf of residents, La Habra Heights Oil Watch, and the Center for Biological Diversity after the city included oil and gas industry language on the ballot that, according to an Earthjustice press release, “inaccurately summarizes the language that was circulated to and signed by voters in order to place the initiative on the ballot in the first place.”

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.

DeSmogBlog’s Top 10 Stories of 2014

It was a year of highs and lows as far as climate change and energy issues. Perhaps unsurprisingly, the lows got a lot of the attention, which is why the top 10 posts on DeSmog this year are mostly of the outrageous, infuriating or depressing variety.

We’ve already collected the top clean energy revolution stories of the year, so if this post gets too heavy for you, you can always pop over there and have some of your hope for the future restored.

But for those of you who can't look away, here are the top ten stories we posted on DeSmog this year, as measured by the amount of traffic each received:

Top 5 Clean Energy Revolution Stories of 2014

The steady march of renewable energy, primarily wind and solar, toward mainstream usage continued apace in 2014.

Here are the top 5 clean energy revolution stories in the U.S. this year:

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.

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.

"I Hate That Oil's Dropping": Why Mississippi Governor Phil Bryant Wants High Oil Prices for Fracking

Outgoing Interstate Oil and Gas Compact Commission (IOGCC) chairman Phil Bryant — Mississippi's Republican Governor — started his farewell address with a college football joke at IOGCC's recent annual conference in Columbus, Ohio.

“As you know, I love SEC football. Number one in the nation Mississippi State, number three in the nation Ole Miss, got a lot of energy behind those two teams,” Bryant said in opening his October 21 speech. “I try to go to a lot of ball games. It's a tough job, but somebody's gotta do it and somebody's gotta be there.”

Seconds later, things got more serious, as Bryant spoke to an audience of oil and gas industry executives and lobbyists, as well as state-level regulators. 

At the industry-sponsored convening, which I attended on behalf of DeSmogBlog, it was hard to tell the difference between industry lobbyists and regulators. The more money pledged by corporations, the more lobbyists invited into IOGCC's meeting.

Perhaps this is why Bryant framed his presentation around “where we are headed as an industry,” even though officially a statesman and not an industrialist, before turning to his more stern remarks.

“I know it's a mixed blessing, but if you look at some of the pumps in Mississippi, gasoline is about $2.68 and people are amazed that it's below $3 per gallon,” he said.

“And it's a good thing for industry, it's a good thing for truckers, it's a good thing for those who move goods and services and products across the waters and across the lands and we're excited about where that's headed.”

Bryant then discussed the flip side of the “mixed blessing” coin.

“Of course the Tuscaloosa Marine Shale has a little problem with that, so as with most things in life, it's a give and take,” Bryant stated. “It's very good at one point and it's helping a lot of people, but on the other side there's a part of me that goes, 'Darn! I hate that oil's dropping, I hate that it's going down.' I don't say that out-loud, but just to those in this room.”

Tuscaloosa Marine Shale's “little problem” reflects a big problem the oil and gas industry faces — particularly smaller operators involved with hydraulic fracturing (“fracking”)  going forward.

That is, fracking is expensive and relies on a high global price of oil. A plummeting price of oil could portend the plummetting of many smaller oil and gas companies, particularly those of the sort operating in the Tuscaloosa Marine.

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