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.

Monster Wells: Hundreds Of Fracking Wells Using 10-25 Million Gallons of Water Each

While the oil and gas industry likes to claim that fracking is not an especially water intensive process, a new report has found that there are more than 250 wells across the country that each require anywhere from 10 to 25 million gallons of water.

The American Petroleum Institute suggests that the typical fracked well uses “the equivalent of the volume of three to six Olympic sized swimming pools,” which works out to 2-4 million gallons of water.

But using data reported by the industry itself and available on the FracFocus.org website, Environmental Working Group has determined that there are at least 261 wells in eight states that used an average of 12.7 million gallons of water, adding up to a total of 3.3 billion gallons, between 2010 and 2013. Fourteen wells used over 20 million gallons each in that time period (see chart below).

According to EWG, some two-thirds of these water-hogging wells are in drought-stricken areas. Many parts of Texas, for instance, are suffering through a severe and prolonged drought, yet the Lone Star State has by far the most of what EWG calls “monster wells” with 149. And 137 of those were found to be in abnormally dry to exceptional drought areas.

Texas also has the dubious distinction of having the most wells using fresh water in the fracking process. In 2011 alone, more than 21 billion gallons of fresh water were used for fracking Texas wells. Increased pumping by companies seeking to extract the oil and gas in the Eagle Ford shale formation, meanwhile, has been cited as a major cause of the state’s rapidly declining groundwater levels.

Introducing "Natural Gas Exports: Washington's Revolving Door Fuels Climate Threat"

DeSmogBlog's Steve Horn and Republic Report's Lee Fang have co-written an in-depth report on the influence the government-industry revolving door has had on Big Oil's ability to obtain four liquefied natural gas (LNG) export permits since 2012 from the Obama Administration.

Titled “Natural Gas Exports: Washington's Revolving Door Fuels Climate Threat,” the report published here on DeSmogBlog and on Republic Report serves as the launching pad of an ongoing investigation. It will act as the prelude of an extensive series of articles by both websites uncovering the LNG exports influence peddling machine. 

The report not only exposes the lobbying apparatus that has successfully opened the door for LNG exports, but also the PR professionals paid to sell them to the U.S. public. It also exposes those who have gone through the “reverse revolving door,” moving from industry back to government and sometimes back again.

It reveals that many former Obama Administration officials now work as lobbyists or PR professionals on behalf of the LNG exports industry, as do many former Bush Administration officials. So too do those with ties to potential 2016 Democratic Party presidential nominee, Hillary Clinton. 

They include:

Gulf-Bound Tar Sands for Export? Follow the Oiltanking Trail

The U.S. Senate failed to get the necessary 60 votes to approve the northern leg of TransCanada's Keystone XL pipeline, but incoming Senate Majority Leader Mitch McConnell (R-Ky.) already promised it will get another vote when the GOP-dominated Senate begins its new session in 2015.

Though the bill failed, one of the key narratives that arose during the congressional debate was the topic of whether or not the tar sands product that may flow through it will ultimately be exported to the global market. President Barack Obama, when queried by the press about the latest Keystone congressional action, suggested tar sands exports are the KXL line's raison d'etre.

Obama's comments struck a nerve. Bill sponsor U.S. Sen. Mary Landrieu (D-La.) and supporter U.S. Sen. John Hoeven (R-ND) both stood on the Senate floor and said Keystone XL is not an export pipeline in the minutes leading up to the bill's failure.

“Contrary to the ranting of some people that this is for export…Keystone is not for export,” said Landrieu, with Hoeven making similar remarks.

But a DeSmog probe into a recent merger of two major oil and gas industry logistics and marketing companies, Oiltanking Partners and Enterprise Products Partners, has demonstrated key pieces of the puzzle are already being put together by Big Oil to make tar sands exports a reality. 

And both Keystone XL and Enbridge's “Keystone XL Clone” serve as key thoroughfares for making it happen.

'Frack Master' Joins UK Debate on Shale Gas After Losing Texas Town to Fracking Ban

Chris Faulkner, the founder and CEO of the Texas-based Breitling Energy Corporation (BECC)warned against the ‘dangers’ of opposing fracking in the UK at an Npower-funded industry event held in London yesterday.

The “Frack Master”, a nickname acquired due to Faulkner’s “unapologetic and outspoken industry advocacy” earned the title of ‘Industry Leader of the Year’ at last year’s Oil & Gas Awards for the Southwest Region in the US.

Unfortunately, Faulkner’s ongoing success was dealt a swift blow when residents of Denton, Texas voted to ban fracking on 4 November in the face of overwhelming industry pressure.


Subscribe to texas