The Evolution of Environmental Regulation: A Case Study of Sackett v. EPA

PublishedAugust 14, 2023|Comments Off

Key Findings

The Supreme Court’s historical controversies and recent conservative shift have raised concerns about its impact on environmental regulations, particularly related to dismantling environmental laws.

The 2012 Sackett v. EPA case brought attention to wetland protection under the Clean Water Act (CWA) and attracted support from various groups interested in environmental deregulation.

The Supreme Court’s landmark ruling in 2023 in favor of the Sacketts in Sackett v. EPA redefined the scope of the Clean Water Act and limited Congress’s ability to protect wetlands.

The Court’s shift towards an activist and authoritarian approach has broad implications for environmental protection and tribal sovereignty.

Overview

Environmental protection is a paramount concern in the United States, with efforts focused on identifying, monitoring, and reducing air contaminants and water pollutants. This article delves into the recent developments in environmental regulation, with particular emphasis on the 2023 Supreme Court decision in Sackett v. EPA II and its potential implications for wetland protection under the Clean Water Act (CWA).

$Sandhill cranes in a wetland adjacent to Unimin's (Now Covia) Tunnel City, Wisconsin frac sand mine$

Image by Ted Auch, FracTracker Alliance, 2018.

The Clean Water Act and Waters of the United States

Since 1972, the Clean Water Act has played an essential role in safeguarding the nation’s diverse range of aquatic environments from pollution, preserving them for fishing, swimming, wildlife, and as sources of drinking water for millions. Since its inception, the act has faced challenges from polluters and developers seeking to restrict its regulatory ambit. Their strategy involves honing in on a specific, yet crucial, segment of language within the law—five simple words that bear significant legal implications: “waters of the United States.”

The Supreme Court’s decision in Sackett v. EPA II determines the future efficacy of the Clean Water Act by deciding whether wetlands are – or aren’t – deserving of federal protection, which has far-reaching consequences for environmental management.

Supreme Court’s Controversial Shift: Impact on Environmental Regulation

The Supreme Court’s role in shaping environmental regulations has evolved over time. Since the 1980s, the Court has shifted towards conservative jurisprudence as a result of the Republican Party’s hard-right turn and the influence of the Federalist Society, a powerful conservative and libertarian legal organization that advocates for a textualist and originalist interpretation of the U.S. Constitution.

According to Pomona College Associate Professor of Politics and Conservative Legal Movement Historian Amanda Hollis-Brusky, the Federalist Society “has a de facto monopoly on right of center legal talent.” Since its founding in the Reagan era, the Federalist Society has exerted its influence to put its people into the Department of Justice, into the Office of Legal Counsel, into clerkships, and into lower federal court appointments. However, in 2016, then-presidential candidate Donald Trump took the unprecedented step of releasing a shortlist of potential Supreme Court judge nominees approved by the Federalist Society to fill vacancies on the Court.

As a result, not only has the current Supreme Court gained notoriety for being the most conservative and activist in generations, the Court’s credibility is waning: Public trust in the nine justices has reached an all-time low, partly due to concerns over corruption charges involving Justice Clarence Thomas and Justice Alito. Moreover, the contentious nomination processes of Justices Amy Coney Barrett and Brett Kavanaugh, orchestrated by Senate minority leader Mitch McConnell, have added to public skepticism.

This new iteration of the Supreme Court has been particularly interested in dismantling environmental regulations. Notably, they have taken aim at laws such as the Clean Air and Water Acts, which were originally signed into law by President Richard Nixon. The justices seem determined to curtail the Environmental Protection Agency’s (EPA) authority and hinder its ability to carry out its mandate to combat air and water pollution. This approach traces back to a quote from Republican strategist Grover Norquist, who expressed a desire to drastically reduce the size of the government.

My goal is to cut government in half in twenty-five years, to get it down to the size where we can drown it in the bathtub.

— Grover Norquist

The Court’s evolving preference for neoliberal jurisprudence, as described by Wendy Brown,^1,2 is evident in their reinterpretation of the First Amendment. Rather than serving as a safeguard against censorship or repression, the First Amendment is viewed as a framework for broad deregulation — an approach with roots in Friedrich Hayek’s Austrian School of Economics. While deregulation has always been a component of this economic school of thought, it has never before been so clearly aligned with the Supreme Court’s thinking.

Recent rulings, particularly those of The Roberts Court, have had significant implications for environmental protection. The Court’s decisions in 2022 and 2023 have effectively weakened the powers of the Clean Air and Water Acts, along with the National Environmental Policy Act (NEPA), which was enacted as part of a broader federal law to safeguard the environment.

Among these decisions, Haaland v. Brackeen stands out as potentially having far-reaching consequences for the oil and gas industry. It could impact water usage for high-quality water demands and the disposal of massive amounts of waste, in addition to raising concerns about mineral expropriation on tribal lands.

The Supreme Court’s evolution from its historical controversies to its present-day focus on deregulation and environmental regulation raises significant concerns. The Court’s decisions have the potential to shape the nation’s environmental policies and impact various industries, particularly oil and gas exploration. As the Court shifts towards increasingly conservative jurisprudence under the influence of the Federalist Society and its political proponents, the ramifications of its rulings warrant careful attention and public scrutiny.

Contrasting Views on Identifying Waters of the United States

In 2006, the Supreme Court case of Rapanos v. United States played a pivotal role in shaping the definition of Waters of the United States (WOTUS) under the Clean Water Act. The case centered around contrasting viewpoints presented by Justices Scalia and Kennedy, each offering distinct criteria for identifying WOTUS.

Justice Scalia’s Approach

Justice Scalia argued that WOTUS encompassed “navigable waters,” which referred to rivers, lakes, or water bodies capable of accommodating boats. Additionally, Scalia included regularly flowing tributaries connected to navigable waters and wetlands with a “continuous surface connection” to a WOTUS.

Scalia’s two-step test for defining WOTUS involved the following considerations:

The adjacent channel should contain a “water of the United States,” which refers to a relatively permanent body of water linked to traditional interstate navigable waters.
The wetland must exhibit a continuous surface connection to the adjacent channel, making it challenging to ascertain the boundary between water and wetland.

Scalia’s approach, which focused on a strict interpretation of “navigable waters” and required a visible and continuous surface connection between wetlands and traditional navigable waters, has been favored by some industry groups. This interpretation has been seen as limiting the scope of protected waters, potentially reducing regulatory oversight and permitting requirements for certain water bodies. Consequently, it has been praised by proponents of reduced federal intervention in environmental regulations.

In their amicus brief, the American Petroleum Institute, Association of Oil Pipelines, and American Gas Association cited Scalia’s definition as appropriate, emphasizing the need for clarity and reduced uncertainty in defining WOTUS.

Justice Kennedy’s Perspective

Justice Kennedy concurred with Justice Scalia’s view on the significance of a connection to another protected body of water. However, Kennedy emphasized that this connection need not be visibly continuous and surficial. Instead, it could be assessed based on the potential impact on the physical, chemical, or biological health of the second body of water.

Kennedy’s approach involved asking a crucial question: Does a given wetland share a significant nexus with another protected body of water? If the answer is yes, regardless of whether a boat can easily navigate between them, both deserve the same level of protection.

Kennedy’s approach, emphasizing the “significant nexus” between protected water bodies, has been seen as broadening the scope of protected waters. This perspective considers the potential ecological interconnectivity and impact of water bodies on each other, even if there is no continuous surface connection. As a result, this approach has been praised by environmental advocates who seek to expand federal protections for water resources.

The Navigable Waters Protection Rule (NWPR) of 2020

In 2020, the Trump EPA and Corps of Engineers issued the Navigable Waters Protection Rule (NWPR), aligning with Justice Scalia’s definition of navigable waters. The rule specifically considered perennial and intermittent tributaries that contribute surface water flow as part of the WOTUS classification. However, the rule was ultimately vacated by two district courts and replaced in the Code of Federal Regulations by the 2023 rule.

The Impact on Federal Regulatory Jurisdiction

The contrasting viewpoints presented by Justices Scalia and Kennedy in the Rapanos v. United States case have had a significant impact on environmental regulations, particularly concerning the identification and protection of Waters of the United States (WOTUS) under the Clean Water Act. The two divergent approaches have also led to uncertainty and complexities in defining the scope of federal jurisdiction over water bodies, which has directly affected regulatory practices and set the stage for future rulings in Sackett v. EPA and Sackett v. EPA II.

The Sackett v. EPA Case: Wetland Protection Under the Clean Water Act

In 2007, Michael and Chantell Sackett sought to develop property near Idaho’s Priest Lake. To prepare the lot for construction, they started filling the lot with dirt for construction. But the Environmental Protection Agency (EPA) informed them that their property had wetlands, and putting dirt in those areas violated the Clean Water Act (CWA), which prohibits releasing pollutants into “the waters of the United States” without the necessary permit.

The EPA gave the Sacketts two options: risk facing civil penalties of more than $40,000 per day or restore the site to its original condition. The EPA considered the wetlands on their property as “waters of the United States” because they were close to a ditch that fed into a creek, which, in turn, connected to Priest Lake—a lake that falls under the jurisdiction of the CWA.

The issue at hand was whether the wetland on their property fell under the Environmental Protection Agency’s (EPA) jurisdiction as “water of the United States” (WOTUS), and therefore subject to regulation, kicking off a 16-year legal battle that ultimately reached the Supreme Court twice in Sackett v. EPA and Sackett v. EPA II. The determination of WOTUS status was crucial, as it would subject the wetland to EPA regulations, significantly impacting its future.

This contentious case attracted the attention of various interest groups, from real estate developers and industrial lobbyists to oil and gas corporations, who have sought to limit the regulatory scope of the CWA. These special interests knew that if they could get their day in court with this iteration of the Supreme Court they could declaw federal regulatory oversight over wetlands, clearing the road for unfettered construction and resource extraction in and around sensitive aquatic ecosystems all over the country.

The Sackett Case and Its Backers

After years of legal disputes, the Sackett’s case once again made its way to the Supreme Court in 2022. Notably, it garnered support from influential entities with vested interests in environmental deregulation, including large real estate developers, agricultural lobbyists, the U.S. Chamber of Commerce, the American Exploration and Mining Association, and mining multinational Freeport McMoran,^3,4 among others. The case also attracted backing from the American Petroleum Institute and other players in the oil and gas industry. Among the supporters of the Sacketts was the Claremont Institute, an influential organization committed to restoring textualist principles with connections to Justice Samuel Alito, who has delivered speeches and received awards from the institute, raising concerns about Alito’s objectivity in cases related to the EPA and Clean Power Plan.

The crux of the matter in Sackett v. EPA II was determining what qualifies as “Waters Of The United States” (WOTUS). This designation dictates whether specific water bodies receive protection under the Clean Water Act, which was passed in 1972 to establish “the basic structure for regulating discharges of pollutants into the waters of the United States and regulating quality standards for surface waters.” While the court’s understanding of the issue of hydrological connectivity seems limited, the critical question is whether the impact of wetlands on navigable waters is relatively permanent (the Scalia view) or whether there is a significant nexus with navigable waters necessitating CWA protections (the Kennedy view).

SCOTUS Decision on Wetland Protection

In May 2023, the Supreme Court rendered a landmark 5-4 decision in Sackett v. EPA II in favor of the Sacketts. The majority, composed of Chief Justice Roberts, Justices Alito, Thomas, Barrett, and Gorsuch, the son of former EPA Administrator Anne Gorsuch, concluded that for wetlands to be protected under the Clean Water Act, they must have a “continuous surface connection” to WOTUS. This ruling effectively redefined the scope of the Clean Water Act and limited Congress’s ability to protect wetlands.

Justice Kagan voiced strong criticism of the majority’s decision, expressing concerns about the Court unilaterally shaping environmental policy. The ruling raises broader implications for environmental protection and tribal sovereignty, as evidenced by related cases like McGirt v. Oklahoma.

Implications for Environmental Regulation

The SCOTUS decision in Sackett vs. EPA II holds significant implications for wetland protection and the future trajectory of environmental regulation in the United States. As the Supreme Court’s rulings have taken on an increasingly activist and, arguably, authoritarian tone, the Court’s role in shaping national environmental policy becomes increasingly evident. This shift has been exacerbated by Congress’s failure to address critical issues, leaving the Court to intervene in matters that should fall under legislative purview.

The contrasting approaches of Justices Scalia and Kennedy have resulted in uncertainty and intricacies in delineating federal jurisdiction over water bodies. If the Scalia approach prevails, the sole criterion for defining Waters of the United States (WOTUS) would hinge on the narrowest interpretation of navigability. Moreover, only pollutants that directly threaten commercial navigation would fall under federal concern, effectively eroding the safeguards provided by the Clean Water Act. Consequently, the Act’s vital role in protecting the nation’s diverse aquatic environments from pollution could be undermined.

The Supreme Court’s Pass for Polluters

Within the oil, gas, and coal industries, polluters view the current climate as an opportunity to shape environmental regulations and concepts like “land” and how it’s defined. The debate over “pore space” at the state level, such as in North Dakota’s supreme court, may also eventually reach the federal level. Meanwhile, the Court’s tribal sovereignty rulings have left some concerned about the potential deference to corporations, particularly within the fossil fuel sector, including key issues such as sourcing water for the industry’s insatiable demand, disposing of hazardous waste, greenwashing its image under the label of “responsibly sourced gas,” and the impact of petrochemical and carbon capture and storage (CCS) development on Waters of the United States, air quality, and overall societal and ecosystem health.

The practical consequences of the Supreme Court’s decisions on fossil fuel water, waste, and landscape alteration demands are worrisome. Frontline communities, nonprofit organizations, and allies must understand the nuances of this critical moment and recognize the Court’s role in shaping environmental regulations and the privatization of natural resources. Balancing the short- and medium-term privatization with long-term health and environmental impacts requires careful consideration and vigilance.

I am not a scientist or an economist, and it is not my place to say whether these regulations represent good or bad public policy. But I will say that a policy of this importance should have been decided by elected representatives of the people in accordance with the Constitution and not by unelected members of the judiciary and bureaucrats. But that is the system we have today, and it is a big crack in our constitutional structure.

— Justice Samuel Alito

The Take Away

The SCOTUS decision in Sackett v. EPA II has significant implications for wetland protection and the future trajectory of environmental regulation in the United States. As the Supreme Court’s rulings have taken on an increasingly activist and, arguably, authoritarian tone, the Court’s role in shaping national environmental policy becomes increasingly evident in cases like these, as their decisions carry the potential to influence the nation’s ecological well-being for years to come.

References

[1] Wendy Brown, “Politics Must Be Dethroned,” in In The Ruins of Neoliberalism: The Rise of Antidemocratic Politics in the West, (New York: Columbia University Press, 2019), 84.

[2] Wendy Brown, “Speaking Wedding Cakes and Praying Pregnancy Centers: Religious Liberty and Free Speech in Neoliberal Jurisprudence,” in In The Ruins of Neoliberalism: The Rise of Antidemocratic Politics in the West, (New York: Columbia University Press, 2019), 124.

[3] In Freeport-McMoran’s 2022 SEC 10-K filings, the company noted that, “Certain FCX affiliates were named as defendants, in 13 cases filed in Louisiana state courts by six south Louisiana parishes (Cameron, Jefferson, Plaquemines, St. Bernard, St. John the Baptist and Vermilion), alleging that certain oil and gas exploration and production operations and sulfur mining and production operations in coastal Louisiana contaminated and damaged coastal wetlands and caused significant land loss along the Louisiana coast. The state of Louisiana, through the Attorney General and separately through the Louisiana Department of Natural Resources, intervened in the litigation in support of the parishes’ claims.”

[4] In their amicus brief supporting the Sacketts, Freeport-McMoran, which primarily operates mines in the arid southwest, asserted that, “the frequency, magnitude, and duration of flows in ephemeral features in the arid Southwest do not generally provide the kind of hydrologic ‘connectivity’ to downstream traditional navigable waters as do channels elsewhere in the country, and thus do not have the same effects on downstream jurisdictional waters. To the contrary…arid ephemeral drainages ‘are unlikely to be hydrologically connected to downstream Traditionally Navigable Waters.’”

[5] Anne Gorsuch’s tenure “was marked by sharp budget cuts, rifts with career EPA employees, a steep decline in cases filed against polluters and a scandal over the mismanagement of the Superfund cleanup program that ultimately led to her resignation in 1983.”

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FracTracker has released an analysis of Pennsylvania's 2021 oil and gas production totals and the impacts of orphaned and abandoned wells.

Mapping Energy Systems Impacted by the Russia-Ukraine War

April 20, 2022

1 Comment

This story map explores how the West's failure to transition from fossil fuels to renewable energy is funding Russia's invasion of Ukraine

Dimock residents working to protect water from a new threat: fracking waste

April 11, 2022

2 Comments

Sen. Muth and Dimock, PA residents are fighting a permitted Eureka Resource Susquehanna facility that puts their water at risk.

This photo is of oil drilling in the Inglewood Oilfields of Baldwin Hills, Los Angeles. Photo by Brook Lenker, 2017.

Implications of a 3,200-foot Setback in California

April 6, 2022

California is the only major oil state without a health and safety setback from fossil fuel activity. This article explores what a setback in California means for its people and environment.

New Trends in Drilling Permit Approvals Take Shape in CA

March 15, 2022

2 Comments

FracTracker's recent analysis finds that California's drilling permit approvals have slowed since last October, but not across the board. This trend only applies to permits for new drilling and enhanced oil recovery (EOR) wells.

Oil and Gas Drilling in California Legislative Districts

March 14, 2022

FracTracker has been working with grassroots organizations to inform legislators and locals about oil and gas extraction in their districts, including maps and tables of the infrastructure in their areas.

New Report: Fracking with “Forever Chemicals” in Colorado

January 31, 2022

1 Comment

A report by PSR provides evidence that oil and gas companies have been using dangerous PFAS "forever chemicals" in CO wells.

Oil and gas wells and violations in Pennsylvania through 1/12/2022.

Introducing: FracTracker’s comprehensive new Pennsylvania map!

January 20, 2022

4 Comments

FracTracker's new Pennsylvania oil and gas well map displays conventional and unconventional wells and violations as of January 12, 2022.

New Letter from Federal Regulators Regarding how the Falcon has Been Investigated

December 1, 2021

FracTracker received a letter from federal regulators with news on Shell's Falcon Pipeline investigation, but many concerns still remain.

US Army Corps Muskingum Watershed Plan ignores local concerns of oil and gas effects

December 1, 2021

2 Comments

Local stakeholders' concerns about the environmental and health impacts of oil and gas in the Muskingum Watershed of Ohio have been minimized or excluded by the US Army Corps' environmental assessment.

Oil and gas companies use a lot of water to extract oil in drought-stricken California

November 9, 2021

2 Comments

FracTracker details the disproportionate amounts of water used by the oil and gas industry in CA and recommends that Gov. Newsom take action.

Southeastern Texas Petrochemical Industry Needs 318 Billion Gallons of Water, but the US EPA Says Not So Fast

November 5, 2021

The US EPA is moving to turn off the tap to Texas’ petrochemical operators that are demanding exorbitant water quantities where there are none.

Chickahominy Pipeline project tries to exploit an apparent regulatory loophole

November 1, 2021

Local communities are skeptical of the Chickahominy Pipeline company, which plans to build a supply line through five Virginia counties. With no track record and very little experience in pipeline construction, the company's capacity to take on this project is questionable.

Map Update on Criminal Charges Facing Mariner East 2 Pipeline

October 29, 2021

2 Comments

FracTracker mapped the 21 locations and over 120 violations by Energy Transfer Partner since Mariner East 2 Pipeline construction began.

It’s Time to Stop Urban Oil Drilling in Los Angeles

September 14, 2021

Oil & gas wells in Los Angeles disproportionately impact marginalized communities, producing dangerous levels of invisible, toxic emissions.

Infrastructure Networks in Texas

September 14, 2021

This map illustrates infrastructure networks in Texas and explores how these unseen webs connect us and improve lives, but also carry risks and burdens.

Prison Strike Poster by Melanie Cervantes

California Prisons are Within 2,500’ of Oil and Gas Extraction

September 9, 2021

California prisoners are on the frontlines of the environmental justice movement, thousands living within 2,500’ of operational O&G wells.

FracTracker map of proposed Renovo, PA power plant

New power plant proposal called senseless and wasteful by climate groups

August 26, 2021

Residents and local advocacy groups are fighting a new power plant in Renovo, PA, planned to be constructed on an abandoned rail yard.

Ongoing Safety Concerns over Shell’s Falcon Pipeline

August 24, 2021

Ohio River Valley Groups react to a new safety warning issued by federal regulators to Shell regarding the troubled Falcon Pipeline

BLenker_infrastructure-oilrig-southLA-CA_Oct2017 feature

New Neighborhood Drilling Permits Issued While California Fails to Act on Public Health Rules

August 5, 2021

California drilling permits continue while Frontline communities and grassroots groups call for an immediate moratorium and 2,500' setback.

The world is watching as bitcoin battle brews in the US

August 2, 2021

15 Comments

If Gov. Cuomo wants to lead the nation on climate, he has to address the impacts of proof of work cryptocurrency mining industry in New York.

Lycoming Watershed Digital Atlas

California Oil & Gas Drilling Permits Drop in Response to Decreased Permit Applications to CalGEM

July 26, 2021

As California permit approvals for new oil & gas well drills decrease, Consumer Watchdog urges the Governor to move from fossil fuels.

California Denies Well Stimulation Permits

July 20, 2021

California regulators recently denied 21 well stimulation permit applications—a welcomed move in the right direction—but not enough.

Mapping PFAS “Forever Chemicals” in Oil & Gas Operations

July 15, 2021

2 Comments

FracTracker Alliance released a new map identifying the locations of over 1,200 oil and gas wells using toxic “forever chemicals” in Arkansas, Louisiana, Oklahoma, New Mexico, Texas, and Wyoming.

Updated National Energy and Petrochemical Map

June 30, 2021

1 Comment

We first released this map in February of 2020. In the year since, the world’s energy systems have experienced record changes. Explore the interactive map, updated by FracTracker Alliance in April, 2021.

Ohio, West Virginia, Pennsylvania Fracking Story Map

June 11, 2021

FracTracker’s aerial survey of unconventional oil & gas infrastructure and activities in northeast PA to southern OH and central WV

Ohio & Fracking Waste: The Case for Better Waste Management

June 3, 2021

Insights on Ohio’s massive fracking waste gap, Class II injection well activity, and fracking waste related legislation

Pennsylvania Conventional Well Map Update

May 27, 2021

There are over 100,000 active conventional wells in PA, with more permitted each year. Most are unplugged, posing serious threats to the climate.

EPA

Impacts of 2020 Colonial Pipeline Rupture Continue to Grow

May 26, 2021

In August 2020, the Colonial Pipeline ruptured, spilling an estimated 1.2 million gallons of gasoline—18 times more than originally reported.

Jared Durelle

Gas Storage Plan vs. Indigenous Rights in Nova Scotia

May 20, 2021

6 Comments

The Mi’kmaq First Nations people are facing threats to their lands and water due to plans in Nova Scotia proposed by AltaGas.

Mapping Gathering Lines in Bradford County, Pennsylvania

May 19, 2021

2 Comments

FracTracker mapped gathering lines in Bradford County, PA. Public data on gathering lines are incomplete, leaving us to fill in the gaps.

Trends in fracking waste coming to New York State from Pennsylvania

April 20, 2021

2 Comments

Over the past decade, New York State has seen a steep decline in the quantity of waste products from the fracking industry sent to its landfills for disposal. Explore FracTracker's 2020 updated data.

2021 Pipeline Incidents Update: Safety Record Not Improving

April 14, 2021

The map below shows 6,950 total incidents since 2010, translating to 1.7 incidents per day. Pipelines are dangerous, in part because regulation around them is ineffective.

New York State Oil & Gas Well Drilling: Patterns Over Time

April 1, 2021

5 Comments

In this article, we look specifically at spatial and temporal patterns in oil and gas drilling across New York State.

Risky Byhalia Connection Pipeline Threatens Tennessee & Mississippi Health, Water Supply

March 17, 2021

2 Comments

The proposed Byhalia Connection pipeline project is situated in a particularly problematic intersection where environmental justice, hydrology, geology, and risks to human and environmental health intersect.

Shell’s Falcon Pipeline Under Investigation for Serious Public Safety Threats

March 17, 2021

Shell’s Falcon Pipeline, which is designed to carry ethane to the Shell ethane cracker in Beaver County, PA for plastic production, has been under investigation by federal and state agencies, since 2019.

Kern County’s Drafted EIR Will Increase the Burden for Frontline Communities

March 4, 2021

Built on sound data and ample research, FracTracker recommends several measures be taken to protect the health of California's overburdened Frontline Communities.

FracTracker Alliance, 2021

Pennsylvania’s Waste Disposal Wells – A Tale of Two Datasets

February 26, 2021

VIEW MAP & DATA Overview Access to reliable data…

California Oil & Gas Setbacks Recommendations Memo

February 23, 2021

The purpose of this memo is to recommend guidelines to CalGEM for evaluating the economic value of the social benefits and costs to people and the environment in requiring a 2,500 foot setback for oil and gas drilling (OGD) activities.

Oil and Gas Wells on California State Lands

February 12, 2021

The fossil fuel industry has historically taken advantage of…

Industrial Impacts in Michigan: A Photo Essay & Story Map

January 29, 2021

Southwest Detroit and neighboring South Rockwood in Monroe County…

People and Production: Reducing Risk in California Extraction

December 17, 2020

2 Comments

Executive Summary New research shows that low-income communities…

Documenting emissions from new oil and gas wells in California

November 18, 2020

Working with the environmental nonprofit Earthworks,…

Energy Security, International Investment, and Democracy in the US Shale Oil & Gas Industry

October 15, 2020

FracTracker in the Field: Building a Live Virtual Map

August 14, 2020

August 19, 2020 Update: The virtual story map is live! In…

The Loyalsock Watershed Project

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Mapping gathering lines in OH and WV feature

Mapping Gathering Lines in Ohio and West Virginia

July 2, 2020

As a spring 2020 intern with FracTracker, my work mostly involved…

Oil & Gas waste tank operated by SWEPI and Enervest at the Hayes pad, Otsego County, Michigan May 21st, 2016

The North Dakota Shale Viewer Reimagined: Mapping the Water and Waste Impact

June 18, 2020

2 Comments

We updated the FracTracker North Dakota Shale Viewer with current…

Falcon Pipeline Construction Releases over 250,000 Gallons of Drilling Fluid in Pennsylvania and Ohio

June 16, 2020

Part of the Falcon Public Environmental Impact Assessment - a…

Systematic Racism in Kern County Oil and Gas Permitting Ordinance

June 8, 2020

Kern County, California has approved at least 18,356 illegal…

Fracking Water Use in Pennsylvania Increases Dramatically

May 29, 2020

1 Comment

Unconventional wells in Pennsylvania were always resource-intensive,…

North Brooklyn Pipeline demographics map

New Yorkers mount resistance against North Brooklyn Pipeline

May 18, 2020

3 Comments

By Kim Fraczek (Sane Energy Project), with input and mapping…

Map of New 2020 Fracking Permits in California

California, Back in Frack

May 7, 2020

California is once again a fracked state. The moratorium on well…

California Setback Analyses Summary

April 2, 2020

2 Comments

FracTracker Alliance has conducted numerous spatial analyses…

Compressor station within Loyalsock State Forest, PA.

Air Pollution from Pennsylvania Shale Gas Compressor Stations – REPORT

March 19, 2020

Air pollution from Pennsylvania shale gas compressor stations…

New York State Oil & Gas Wells – 2020 Update

March 11, 2020

4 Comments

We’ve recently updated the New York State Oil and Gas Well…

National Energy and Petrochemical Map

February 28, 2020

1 Comment

This map from FracTracker Alliance is filled with energy and petrochemical data. Explore the map, continue reading to learn more, and see how your state measures up!

California Governor Gavin Newsom looks at surface expression oil spills

Governor Newsom Must Do More to Address the Cause of Oil Spill Surface Expressions

February 24, 2020

1 Comment

Chevron and other oil and gas companies in western Kern County…

Governor Newsom Well Watch website for California drilling

Oil & Gas Well Permits Issued By Newsom Administration Rival Those Issued Under Gov. Jerry Brown

February 22, 2020

FracTracker Alliance and Consumer Watchdog worked together to…

destroyed home following pipeline explosion in San Bruno, CA

Pipelines Continue to Catch Fire and Explode

February 21, 2020

2 Comments

For the past decade, petroleum operators in the United States…

The Hidden Inefficiencies and Environmental Costs of Fracking in Ohio

January 13, 2020

3 Comments

Ohio continues to increase fracked gas production, facilitated…

Fracking in Pennsylvania: Not Worth It

January 7, 2020

4 Comments

Despite the ever-increasing heaps of violations and drilling…

Photo by Ted Auch, FracTracker Alliance

Fracking Threatens Ohio’s Captina Creek Watershed

December 20, 2019

FracTracker's Great Lakes Program Coordinator Ted Auch explores…

California is Frack Free, for the Moment

November 19, 2019

…

How State Regulations Hold Us back and What Other Countries are doing about Fracking

October 10, 2019

3 Comments

While it might be tempting to welcome an industry that often creates a temporary economic spike, the costs of mitigating the environmental damage from fracking far out-weighs the profit gained.