Indian Creek - Part of Bears Ears National Monument

Nationally treasured federal lands face threats by oil, gas, and other extractive uses

Should public, federal lands be opened up even further for extracting minerals, oil, and gas for private ventures? FracTracker’s Karen Edelstein discusses the past, present, and potential future of many of America’s cherished natural resources and wonders.

The United States is blessed with some of the most diverse natural landscapes in the world. Through foresight of great leaders over the decades, starting in 1906 — Theodore Roosevelt, Franklin Roosevelt, Benjamin Harrison, and Jimmy Carter – to name just a few — well over a half billion acres of wilderness have been set aside as national parks, refuges, monuments, and roadless areas. Some of the most famous of these protected areas include the Grand Canyon, Acadia, and Grand Tetons National Parks. In all, the federal government owns 28% of the 2.27 billion acres of land that the United States comprises. These federal lands are administered by the Bureau of Land Management (BLM): 248.3 million acres, the US Forest Service: 192.9 million acres, US Fish and Wildlife Service: 89.1 million acres, and National Park Service: 78.9 million acres. In addition, the US Department of Defense administers 11.4 million acres.

Why are federal lands at risk?

While most people assume that federal wild lands are forever protected from development and commercial exploitation, quite the opposite is true. For most of the past century, federal lands have hunted, fished, logged and grazed by private individuals and enterprises. In addition, and in the cross-hairs of discussion here, is the practice of leasing lands to industrial interests for the purpose of extracting minerals, oil, and gas from these public lands.

Provisions for land conservation and restrictions on oil and gas extraction, in particular, became more stringent since the inception of the Environmental Protection Agency (EPA) in 1970. However, environmentalists have watched in horror as the current administration in Washington has gutted the EPA, and installed climate change-deniers and corporate executives in high levels of office throughout a range of federal agencies. Notable is the appointment of Ryan Zinke as US Secretary of the Interior. Zinke, a former businessman, has a long record of opposing environmental viewpoints around extraction of oil, coal, and gas and cutting regulations. The League of Conservation Voters gives his voting record a lifetime score of 4 percent on environmental issues. As recently as this week, Joel Clement–one of Zinke’s senior advisors–resigned his post, citing, Zinke’s poor leadership, wasting of tax-payer dollars, and denial of climate change science.

Early in his tenure as Secretary of the Interior, Zinke initiated a review of 27 national monuments, a move that environmentalists feared could lead to the unraveling of protections on millions of acres of federal land, and also relaxed regulations on oil and gas exploration in those areas. Public comment on the plans to review these national monuments was intense; when the public comment period closed on July 10, 2017, the Interior Department had received over 2.4 million comments, the vast majority of which supported keeping the existing boundaries and restrictions as they are.

Federal lands under threat by Trump Administration


View map fullscreen | How FracTracker maps work

The above map shows which sites are under consideration for oil, gas, or coal extraction, or face boundary reduction of up to 88%. Click here to view this map full-screen with a legend, zoom in and click on areas of interest, etc.

Who should be allowed to use these resources?

Ranchers, loggers, and recreational hunters and anglers felt that the 1906 Antiquities Act had been over-interpreted, and therefore advocated for Zinke’s proposal. (The Act was the first U.S. law to provide protection for any general kind of cultural or natural resource.)

However, environmental advocates such as the National Parks Conservation Association (NPCA), the Natural Resources Defense Council (NRDC), and others were adamantly opposed to opening up federal lands resources for extraction, citing the need for environmental protection, public access, and, importantly, concerns that the lands would be more easily transferred to state, local, or private interests. Environmentalists also argue that the revenue generated by tourism at these pristine sites would far exceed that generated by extractive resource activities. Attorneys and staff from NPCA and NRDC argued legislation in effect since the 1970s requires role for Congress in changing the boundaries of existing monuments. The President or his cabinet do not have that sole authority.

The Wilderness Society estimates that already, 90% of the land in the US West, owned by the Bureau of Land Management, is open for oil and gas leasing, while only 10% is set aside for other uses (Figure 2). According to information from Sourcewatch, in 2013, these lands included 12 National Monuments, Parks, Recreation Areas, and Preserves that had active drilling, and another 31 that might see possible drilling in the future.

Source: The Wilderness Society

Figure 2. Percent of land already available for oil and gas leasing in the West. Source: The Wilderness Society

What Zinke has Proposed

True to expectation, in August of 2017, Zinke issued a recommendation to shrink the boundaries of several national monuments to allow coal mining and other “traditional uses” — which appear to include large-scale timbering, as well as potentially oil and gas drilling. Sites include Bears Ears and Grand Staircase-Escalante in Utah (encompassing more than 3.2 million acres in lands considered sacred to Dine/Navajo people), Cascade-Siskiyou in Oregon, and Gold Butte in Nevada. According to Zinke’s report, Grand Staircase-Escalante contains “an estimated several billion tons of coal and large oil deposits”. Zinke lifted Obama-era restrictions on coal leasing on federal lands this past March, 2017. However, just last week, a federal judge ruled that the current Administration’s efforts to suspend methane emission restrictions from pipelines crossing public lands were illegal. These are merely a few of the Obama-era environmental protections that Zinke is attempting to gut.

Zinke has proposed decreasing the size of Bears Ears National Monument from the current 1.35 million acres to a mere 160,000, a reduction of 88%. The Bears Ears Inter-Tribal Coalition, made up of thirty Native American tribes, condemned the recommendation as a “slap in the face to the members of our Tribes and an affront to Indian people all across the country.” The Navajo Nation intends to sue the President’s administration if this reduction at Bears Ears is enacted.

Bears Ears National Monument, designated by President Barack Obama, contains tens of thousands of cultural artifacts, and is facing not only a threat of boundary shrinkage, but also a relaxing use restrictions within the Monument area. The current President has referred to Obama’s designation of the monument as “an egregious abuse of power.” Grand Staircase-Escalante was designated by President Bill Clinton, and the Cascade-Siskiyou National Monument was designated by Clinton and expanded by President Obama.

The recommendation details were not made public in August, however, and only came to light in September through a leaked memo, published in The Washington Post. In the memo, Secretary Zinke noted that the existing boundaries were “arbitrary or likely politically motivated or boundaries could not be supported by science or reasons of resource management.” The memo goes on to say that “[i]t appears that certain monuments were designated to prevent economic activity such as grazing, mining and timber production rather than to protect specific objects.” In addition, Zinke is advocating for the modification for commercial fishing uses of two marine national monuments: the Pacific Remote Islands, and Rose Atoll.

Lacking Specificity

According to the Washingon Post, Zinke:

… plans to leave six designations in place: Colorado’s Canyons of the Ancients; Idaho’s Craters of the Moon; Washington’s Hanford Reach; Arizona’s Grand Canyon-Parashant; Montana’s Upper Missouri River Breaks; and California’s Sand to Snow.

Perplexingly, the report is silent on 11 of the 27 monuments named in the initial proposal. One of which is the Papahanaumokuakea Marine National Monument — over 725,000 square miles of ocean — in the northwestern Hawaiian Islands.

The report also requests tribal co-management of “cultural resources”  at Bears Ears, Rio Grande del Norte, and Organ Mountain-Desert Peaks. While one could imagine that greater involvement of indigenous people in the federal government’s management of the sacred landscapes to be a potentially positive improvement, the report is silent on the details. More information on tribal co-management and other options can be gleaned from a series of position papers written by the Property and Environment Research Center.

Of other note: Zinke is also suggesting the establishment of three new national monuments, including the 130,000-acre Badger-Two Medicine area in Montana, a sacred site of the Blackfeet Nation. Badger-Two Medicine was the site of a more than 30-year battle to retire 32,000 acres of oil and gas leases. The tribe prevailed, and the leases were canceled in November, 2016.

With potential lawsuits pending about boundary changes, galvanized push-back from environmental and tribal interests on resource management definitions for the targeted monuments, and general unpredictability on policy details and staffing in Washington, the trajectory of how this story will play out remains uncertain. FracTracker will continue to monitor for updates, and provide additional links in this story as they unfold.

Check out National Geographic’s bird’s eye view of these protected areas for a stunning montage, descriptions, and more maps of the monuments under consideration.


Federal Lands Map Data Sources

National Monuments under consideration for change by Secretary Zinke:
Accessed from ArcGIS Online by FracTracker Alliance, 28 August 2017. Data apparently from federal sources, such as BLM, NPS, etc. Dataset developed by Kira Minehart, GIS intern with Natural Resources Defense Council.0=not currently targeted for policy or boundary change1= targeted for expanded resource use, such as logging, fishing, etc. 2=targeted for shrinkage of borders, and expanded resource use.

National Park Service lands with current or potential oil and gas drilling:
Downloaded by FracTracker Alliance on 9 November 2016, from National Park Service.  Drilling information from here. List of sites threatened by oil and gas drilling from here (23 January 2013).

Badger-Two Medicine potential Monument:
Shapefile downloaded from USGS by FracTracker Alliance on 28 August 2017. This map layer consists of federally owned or administered lands of the United States, Puerto Rico, and the U.S. Virgin Islands. For the most part, only areas of 320 acres or more are included; some smaller areas deemed to be important or significant are also included. There may be private inholdings within the boundaries of Federal lands in this map layer. Some established Federal lands which are larger than 320 acres are not included in this map layer, because their boundaries were not available from the owning or administering agency. Complete metadata available here.


By Karen Edelstein, Eastern Program Coordinator, FracTracker Alliance
River Healers drone footage of fracking site in NM

Protect Greater Chaco: Drone surveillance of regional fracking sites in NM

The River Healers have droned multiple fracking sites in the Greater Chaco Area (New Mexico) impacted by explosions, fires, spills, and methane. See what they are finding. Hear their story.

 

By Tom Burkett – River Healer Spokesperson, New Mexico Watchdog

The Greater Chaco region is known to the Diné (Navajo) as Dinétah, the land of their ancestors. It contains countless sacred sites that date to the Anasazi and is home of the Bisti Badlands and Chaco Culture National Historical Park, a World Heritage Site. Currently WPX Energy has rights to lease about 100,000 acres of federal, state, and Navajo allottee lands in the oil rich San Juan Basin, which includes Greater Chaco.1 WPX Energy along with other fracking companies plan to continue establishing crude oil fracking wells on these sacred lands, although the Greater Chaco community has spoken out against fracking and continue to call for more safety and oversight from New Mexico state regulatory bodies such as the EMNRD Oil Conservation Division.

The River Healers pulled EMNRD records that show over 8,300 spills in New Mexico had been reported by the the fracking industry to EMNRD between 2011-2016 (map below). This is thousands more than reported by the Environmental Protection Agency. The records also showed how quickly reports of spills, fires, and explosions were processed by the EMNRD as ‘non-emergency’ and accepted industry reports that no groundwater had been contaminated.

River Healers map

Zoomed in view of the River Healers’ NM fracking spills map. Learn more

Daniel Tso, Member of the Navajo Nation and Elder of the Counselor Chapter, led us to fracking sites in Greater Chaco that had reported spills and fires. Daniel Tso is one of many Navajo Nation members working on the frontlines to protect Greater Chaco, their ancestral land, and their pastoral ways of life from the expanding fracking industry. Traveling in white trucks and cars we blended in with the oil and gas trucks that dot indigenous community roads and group around fracking pads on squares federally owned land. Years of watchdogging the fracking destruction on their sacred land was communicated through Tso’s eyes looking over the landscape for new fracking disruption and a calm voice,

… the hurt on the sacred landscapes; the beauty of the land is destroyed, this affects our people’s mental, spiritual, and emotional health.

At each site our eyes were scanning the fracking sites and terrain for drone flight patterns while the native elders were slowly scanning the ground for pottery shards and signs of their ancestors. Arroyos sweep around the fracking pads and display how quickly the area can flash flood from rain that gathers on the striated volcanic ash hills of the badlands.

Fracking Regulation in NM

The EMNRD Oil Conservation Division has only 12 inspectors that are in charge of overseeing over 50,000 wells scattered throughout New Mexico.2 Skepticism around EMNRD’s ability to regulate not only comes from a short staff being stretched across 121,598 square miles of New Mexico’s terrain, but thousands of active fracking sites continue to report spills, fires, and explosions every year.3 Even more problematic is that Ken McQueen, Cabinet Secretary of EMNRD formerly served as Vice President of WPX Energy.4 Ken McQueen managed WPX Energy’s assets in the Four Corners area of New Mexico, Colorado, and in addition, part of Wyoming. New Mexico Governor, Susana Martinez’s appointment of McQueen severely compromises the state’s ability to impartially oversee WPX Energy and regulate the fracking industry. Governor Martinez has been called to clean up the EMNRD, and rid the regulatory body of cabinet members more interested in protecting the assets of WPX than the health and rights of New Mexicans. Tso remarks,

The sacrifices of indigenous communities continue for a society that thinks gasoline comes from a gas station. That thinks oil is a commodity that is unending resource. This is unfortunate, and ultimately compromises our physical health. Yet this doesn’t matter to the industry. They want every last drop of crude oil even if it is cost prohibitive.

The River Healers maintain that Governor Martinez is complicit in the exploitation of human water rights as long as the EMNRD remains a compromised and unreliable regulatory body.

riverhealers-pic-1

New Mexico governmental assimilation with the oil and gas industry is presented to the Greater Chaco indigenous communities in the form of 90,000-lb gross weight oilfield trucks. Western Refining started rolling out trucks with larger-than-life prints of state and county law enforcements officers and military personnel at the same time water protectors at Standing Rock were being arrested and assaulted by the Morton County Sheriff’s Department in North Dakota.5 The indigenous-led movement to stop the Dakota Access Pipeline from desecrating sacred land and threatening rights to clean water has drawn greater resistance to oil and gas projects around the country.

Indigenous solidarity is felt in Greater Chaco, but Western Refining’s blatant propaganda campaign demonstrates how oil and gas corporations continue to threaten and silence the communities they extract oil from by displaying the paid power of state and federal law enforcement. The River Healers view this as a direct form of intimidation that aims to further a corporate ideology and remind native communities of the violence they experienced at the hand of the United States Federal Government in the past. The Western Refining campaign is a direct form of corporate-sponsored terrorism and should be grounds to ban their ability to use images of law enforcement officers to further their interests. Furthermore, the state should discontinue paying for officers to patrol facking roads and pads and instead use state funds to make state regulatory bodies work for the communities most impacted by the oil and gas industries.

What we are finding

Drone surveillance of fracking sites in Greater Chaco show how quickly the fracking industry has exploited a state government tied to the interests of a booming and unchecked resource extraction industry. In Greater Chaco this element of time is more deeply understood through the lens of the indigenous community.

Ultimately, the health of the fauna and flora are devastated. The adaptation of the delicate ecosystem is forever destroyed. Their recovery and healing will take years and years.

The Anasazi Kivas in Chaco Canyon took over 300 years to construct, while drill rigs such as Cyclone 32 take less than 10 days to drill 6,500 ft wells in the canyon plateau. We hiked 12 miles of the sacred Chaco Wash, pulled water samples, and saw the red palm of the Supernova Petrograph clinging to the understory of the canyon wall, clearly taking notice of what is happening above.

We deeply thank members of the Navajo Nation for inviting us into their lives, and our hearts stand with them in solidarity. Protect Greater Chaco! Dooda Fracking!


River Healers Site Videos

Site 1

Nageezi, NM
County: San Juan
Kimbeto Wash/Chaco River
GPS: 36°14’22.38”, -107°43’51.38”

Protect Greater Chaco : Site 1 from River Healers on Vimeo.

This particular site caught fire on June 11th, 2016 and was allowed to burn until July 14th. The fracking fire and contaminates spread to areas north and south of the fracking pad, burning Juniper trees within 200 feet of residential buildings. This fire is not the only documented case in the Greater Chaco Area where communities were disrupted and evacuated in the middle of the night. While community members remain concerned about their health, WPX reported that the incident was not an emergency and that no damage was caused to groundwater.

Site 2

Nageezi, NM
County: San Juan
Kimbeto Wash/Chaco River
GPS: 36°13’43.23″, -107°44’28.72″

Protect Greater Chaco : Site 2 from River Healers on Vimeo.

Drone surveys of this particular site show Cyclone 32, a 1500 Horsepower 755 ton drill rig manufactured in Wyoming. The drill rig is transported through Greater Chaco communities on small dusty single lane dirt roads used by the community members and school buses. The drilling is heard and seen moving from pad to pad. The rig is establishing multiple drill heads on pockets of land tucked along the Kimbeto Wash, a tributary to the Chaco River and sacred source of water security for members of the Greater Chaco Area in Nageezi, New Mexico.

Site 3

Nageezi, NM
County: San Juan
Kimbeto Wash/Chaco River
GPS: 36°13’27.51″, -107°45’3.24″

No video available

Site 4

Counselor, NM
County: Rio Arriba
Canada Larga River
GPS: 36°13’18.19″, -107°28’56.24″

Protect Greater Chaco : Site 4 from River Healers on Vimeo.

Drone surveys show Lybrook Elementary School only 1600ft from a WPX Energy fracking site. The crude oil tanks of the site can be seen from the classroom windows of the school. The elementary school was moved to this location in 2006 because it was right across the highway from a large and expanding natural gas plant and had to relocate elementary students to a safe location.

Although the WPX Energy site is established on federal land, this area of Counselor, New Mexico is referred to as ‘The Checkerboard’ because of the quadrants of federal land that break up tribal land. The 5 well heads are highlighted to show that these pockets of federal land are being fracked with a high concentration of fracking wells. By drilling multiple wells in one pad location fracking companies are able to quickly drain the plays of crude oil under the the Greater Chaco Area and avoid signing contracts with the native property owners that live and attend school in the area they are fracking.

Site 5

Counselor, NM
County: Sandoval
Chaco Wash/Chaco River
GPS: 36° 9’45.22″, -107°29’11.47″

Protect Greater Chaco : Site 5 from River Healers on Vimeo.

Drone surveys show crude oil being fracked within 840 ft of an indigenous community in Sandoval County, NM (Greater Chaco). The fracking site is located in the path of the community water supply, which had to be routed around the wellhead and crude tanks. The underground water line remains only 110 ft from active fracking activity.

Particular communities in Greater Chaco are dependent upon pastoral industry and the health of their livestock. Horses owned by the indigenous community are seen grazing on open and unprotected fracking pads. Many of these fracking pads have recorded spills of either fracking fluid, wastewater, or crude oil and pose health risks to the livestock grazing on potentially contaminated grasses and wastewater.

A Western Refining (WPX) crude truck can be seen driving down the community road. These dirt roads were designed to support local community traffic and school buses but are now heavily used by the fracking industry. 90,000-lb gross weight oilfield trucks haul the volatile crude oil through pastoral lands, endangering livestock and community members. Fracking companies continue to level dirt roads to accommodate the weight of their crude trucks. The practice cuts roads deep into the landscape. Roads in Greater Chaco now resemble trenches and make travel dangerous, block scenic views of ancestral land, and hinder the ability to monitor livestock and fracking development.

Site 6

Nageezi, NM
County: San Juan
Kimbeto Wash/Chaco River
GPS: 36°15’20.46”, -107°41’43.14”

Protect Greater Chaco : Site 6 from River Healers on Vimeo.

Drone surveys show 3 well heads, crude tanks, and compressors north of Hwy 550 in Nageezi, NM. The location is of importance because it shows how flaring is used to burn off methane caused by fracking and the transportation processes of crude oil. The River Healers droned this site when workers were not present and the flare tower was turned off for safety concerns, but the flame can usually be seen all the way from Hwy 550 tucked into the distinct hills of the Bisti Badlands. Such methane hotspots are of concern because methane causes severe health risks for individuals living near crude oil facilities. NASA has identified two large methane gas clouds in new Mexico. The methane gas is concentrated above fracking occurring in the San Juan Basin and Permian Basin and disproportionately affects the air quality of Greater Chaco, Four Corners Region, Farmington, and South East region of New Mexico.

Two unlined wastewater pits can be seen on the edge of the fracking pad near the well heads and compressors. Erosion caused by water drainage can be seen leading from the well heads and compressor areas directly to the wastewater pits. Drainages can also be seen coming directly out of the waste water pits and going into the Upper Kimbeto Wash, a tributary of the Chaco River. It is illegal for fracking companies to keep fracking wastewater in unlined pits in the state of New Mexico. The River Healers reported this possible water violation to the EMNRD Oil Conservation Division (a state regulatory body for the fracking industry). EMNRD replied that WPX Energy maintains that the wastewater is caused by stormwater runoff and contains no fracking contaminates. This is the first time we have heard of the fracking industry creating stormwater runoff pits and find the practice to be unusual. Further skepticism that these runoff pits are not contaminated comes from research about the site. In June of 2016, WPX Energy reported a spill of 600 gallons of crude oil at this site because of a fire. WPX maintains that no groundwater was impacted and marked the incident as not an emergency.


References

  1. WPX Adds Accreage in Gallup Oil Play, press release
  2. NM Oil and Gas Enforcement Inspections, Earthworks
  3. New Mexico Geologic Mapping Program, NM Bureau of Geology and Mineral resources
  4. New Mexico Energy, Minerals, and Natural Resources Department – Cabinet Secretary Ken McQueen
  5. Western Refining, Community Supporting Law Enforcement

About River Healers: New Mexico Chapter

newmexicoriverhealers.com

The River Healers organize anonymous watchdog operations and tactical campaigns to protect water. The artist collective is engaged in direct action through analyzing, exposing, and bringing down systematic abuses of water rights. The River Healers work to accelerate theories of water democracy, decentralize aesthetics of environmentalism, and expose corporate sponsored water terrorism. ‘Water is a commons – No one has the right to destroy’

Allegheny County, PA map of zoning designations

Allegheny County, PA – Drilling, Leasing, and Zoning Trends

By Kirk Jalbert, Manager of Community-Based Research and Engagement
and Matt Kelso, Manager of Data and Technology

FracTracker recently updated its Pennsylvania Shale Viewer to reflect the latest data on unconventional oil and gas permits and active wells in the state. Within this data, we noticed an increase in permitting over the past year for Allegheny County, PA. We have worked on a number of recent initiatives aimed at expanding conversations about unconventional oil and gas drilling by mapping mineral rights leasing and zoning ordinances in Allegheny County. In this article, we bring these various analyses together.

The analysis below can assist residents and public officials in preparing for what appears to be a pending wave of new development.

Untapped Reserves

Over the past decade, unconventional oil and gas development has predominantly occurred in areas where shale formations are densest and most productive. For instance, the map below illustrates wells and permits in Southwestern Pennsylvania that track along the Marcellus Shale. An outlier on the map is Allegheny County when compared to its neighbors such as Washington and Greene Counties just to the south—two of the most drilled in the Commonwealth.

swpa_ac_og

Unconventional wells and permits in Southwest Pennsylvania

A few factors may explain these spatial anomalies. First, oil and gas companies are generally reluctant to operate in heavily populated areas. This is partly due to the complications of acquiring leases and easements in tightly packed communities.

Infrastructure is second consideration. In the absence of compressor stations and midstream pipelines, companies can’t get their product to market.

A third factor is the stronger political opposition often found in urban centers. For example, Pittsburgh’s 2010 fracking ban pushed back against drillers and had a chilling effect in bordering municipalities. Many of Allegheny County’s municipalities have, thus, had the luxury of putting oil and gas-related land use decisions on the back burner. Nevertheless, operators have maintained interest in extracting untapped shale reserves that lie beneath their borders.

Recent Permitting & Drilling Trends

Within Allegheny County, PA, there are now 24 well pads containing a combined 248 permitted wells, of which 109 currently have an active status. On average, these numbers show a 20% increase in well permits annually (40-50 per year) since 2014. This figure compares to less than 10 per year prior to 2012. Furthermore, while only partway through 2017, we’ve already reached this 20% increase in new permits (41 since 8/24), with the overwhelming number of these being issues for Findlay and Forward Townships. A table and graph of permitting activity since 2008 is seen below.

ac_permits_table_08242017

ac_permits_graph_08242017

Table and graph of permitted wells in Allegheny County

Interestingly, the number of active wells over the past few years does not track with increasing number of permits. In fact, active wells peaked in 2014-2015 and have steadily declined since, as is seen in the table and graph below. We credit these opposing trends to operators placing their wells into inactive status during a period of lower gas prices. Meanwhile, operators are increasing their applications for new wells in preparation for a predicted rebound as well as new pipelines and processing facilities coming online for delivering to new markets.

ac_dw_table_08242017

ac_dw_graph_08242017

Table and graph of active wells in Allegheny County

Predicting Development: Mineral Rights Leasing

The locations of permits and active wells are not always good indicators of long-term future development. A better picture can be painted with data on properties leased for eventual drilling. In 2016, FracTracker built the Allegheny County Lease Mapping Project, which revealed the extent of oil and gas leasing agreements across the region. From that work came some interesting findings.

There are 467,200 acres in Allegheny County. We found 63,014 acres (18% of the county) are under some kind of oil and gas agreement – this includes mineral rights leases, as well as other agreement such as pipeline rights of ways. It is important to note that as many as 15% of the records we obtained in executing the project could not be mapped due to missing metadata (many block/lot numbers were no longer provided with online records after 2010), so these are conservative estimates.

The list below shows the top five municipalities found to have the most leases. Of note is how West Deer, North Fayette, and Elizabeth townships all have a significant number of leases, but do not yet register in permitting activity.

Most Leased Municipalities in Allegheny County, PA

  1. West Deer Township (5,325 leases)
  2. North Fayette Township (5,070 leases)
  3. Elizabeth Township (4,070 leases)
  4. Fawn Township (3,872 leases)
  5. Forward Township (3,801)

We also discovered that more than 70% of leased properties were zoned residential or agricultural, despite the fact that unconventional oil and gas development is a highly disruptive and industrialized activity. The list below shows a breakdown of zoning designations.

Leased Properties Zoning

    • Residential (37%)
    • Agricultural (34%)
    • Commercial (23%)
    • Industrial (3%)
    • Other (3%)

Status of Protective Zoning

In 2013, the Pennsylvania Supreme Court upended state laws governing local oil and gas zoning rights with its landmark Robinson Township v. Commonwealth of Pennsylvania decision. The court struck down parts of Act 13 that imposed statewide zoning standards for oil and gas development. Zoning ordinances with stronger ordinances are now being adopted by some townships. However, many others have zoning codes that reflect pre-Robinson language, which allows mineral extraction everywhere, regardless of whether it is a compatible land use.

Drawing the connections between drilling trends, leasing activity, and protective zoning is, therefore, significant. Over the past six months, FracTracker has worked with Food & Water Watch to put our lease mapping data and state drilling data in context with assessments of Allegheny County’s municipal oil and gas zoning ordinances. The map below illustrates these overlaps.

Map of Allegheny County Drilling, Leasing, and Zoning


View map fullscreen | How FracTracker maps work

Analysis

Allegheny County contains 130 municipalities. Food & Water Watch was able to obtain and review zoning codes for 104 of these 130. At least 56 municipalities have no zoning ordinances specific to oil and gas development. Of greatest concern, when placed in context with leasing and permitting data, FracTracker found that leases already existed in 43 of these 56 municipalities without oil and gas ordinances, although 8 of these 43 were found to have other less restrictive language regulating specific oil and gas activities, such as seismic testing. Fawn Township, one of the most permitted and most leased municipalities in the county, was found to have no oil and gas zoning ordinance.

Conclusions

It’s important to recognize that there is a significant difference between conventional oil and gas development and today’s heavily industrialized unconventional extraction industry. In many of Allegheny County’s municipalities there seems to be a presumption that there is no need to prepare zoning codes for drilling, despite data that suggest increased oil and gas development may be just around the corner.

With the deeper understanding of Allegheny County’s permitting trends, leasing activities, and the state of protective zoning presented in this article, municipalities would be wise to assess where they stand. Reviewing and updating their respective zoning codes to determine if they sufficiently address concerns related to unconventional drilling could be the most effective way to protect the interests of their residents.

US Farms and Agricultural Production near Drilling

Health vs. Power – Risking America’s Food for Energy

Over 50% of land in the United States is dedicated to agriculture. Oil and gas development, particularly hydraulic fracturing or “fracking,” is taking place near many of these farms.

Farms feed us, and unfortunately they are not protected from the impacts of fracking. Even if drilling can be done responsibly, accidents happen. In Colorado, for example, two spills occur on average per day, 15% of which result in water contamination. [1] Risking our food supply is not only a risk to our health – it’s a risk to national security.

Food Independence

Rocky Mountain Apple Orchard by Celia Roberts

Rocky Mountain apple orchard. Photo by Celia Roberts

Domestic oil and gas production has been promoted by the industry as a means to provide the U.S. with energy independence. The argument goes something like this: “We need to be a net exporter of energy so as to reduce our reliance on foreign countries for these resources, especially countries in the Middle East.” This ignores the point that for energy security we might want to keep rather than export fossil fuels.

However, energy independence and food independence are inextricably linked.

Considering that the basic human needs are clean water, food, shelter, and safety — along with energy — we need to think about self-reliance; we can’t be dependent on foreign countries for our food. The U.S. is currently a net exporter of agricultural products, and California produces 50% of the food consumed in the U.S. But what would happen if our foodsheds became contaminated?

Drilling Proximity – Why the concern?

Front Range, Colorado Working Landscape At Risk of Unconventional Oil & Gas Drilling by Rita Clagget

Front Range, Colorado working landscape at risk of unconventional oil & gas drilling. Photo by Rita Clagget

Over 58% of US agricultural market value and 74% of US farms – both conventional and organic – operate within shale basins, active shale plays, and the primary frac sand geologies.

Why is this so important? Why be concerned? Here are just a few reasons:

  1. People can be exposed to the compounds involved with oil and gas extraction through spills, emissions, and other processes. The top five health impacts associated with these chemicals are: respiratory, nervous system, birth defects, and reproductive problems, blood disorders, and cancer.[2]
  2. Rural gas gathering pipelines are unregulated; operators have no obligation to publicly report about incremental failures along the pipeline that may contaminate soil and water as long as they don’t require evacuations.[3]
  3. Oil and gas operators are exempt from certain provisions of several environmental laws designed to protect public health and safety, including the Safe Water Drinking Act, The Resource Conservation and Recovery Act, The Emergency Planning and Community Right-to-Know Act, The Clean Water Act, The Clean Air Act, and The Comprehensive Environmental Response, Compensation, and Liability Act. These exemptions, in a way, permit oil and gas operators to contaminate water supplies with chemicals from their operations, in particular hydraulic fracturing fluids and produced wastewater.[4]
  4. The gold standard of clean, chemical-free food is the USDA National Organic Program Standards, as governed by the Organic Foods Production Act. Unfortunately, organic certification does not require testing for oil and gas chemicals in water being used in organic production. The organic standard is satisfied as long as state, water, and food safety agencies deem the water safe. To our knowledge these agencies do not test for oil and gas chemicals.[5]
  5. Based on available data spills occur regularly. Recent research has identified that the mixture of chemicals from fracking fluid and produced wastewater interact in a way that can lead to soil accumulation of these chemicals. Potentially, then, the chemicals may be absorbed by plants.[6] Fifteen chemicals often used in fracking have been identified as toxic, persistent and fast-traveling.[7] Some farms – such as those in Southern California – are being irrigated with produced water from oil and gas operations. Additionally, every single farm in the San Jaoquin Valley is within eight miles of oil and gas operations.[8]
  6. There is significant Competition for water between natural gas production and agriculture. This includes growing commodity crops for energy, such as ethanol. Natural gas operations result in removing water quantity available for agriculture, and changing the water quality, which affects the agricultural product. In drought stricken areas, water scarcity is already an issue. In addition, extreme heat as a result of climate change is putting more stress on farmers operating in already depleted watersheds. Layered on all of this is the growing realization that precipitation regimes are gradually – and in many places dramatically – transitioning from many smaller and more predictable events to fewer, more intense, and less predictable rain and snow events which is are harder for the landscape to capture, process, and store for agricultural and/or other uses.
  7. Operating costs: Farmers are already operating under razor- thin margins, with the cost of inputs continually increasing and the resilience of the soils and watersheds they rely upon coming into question with unconventional oil and gas’ expansion across the Midwest and Great Plains.

Public Lands

Over 45% of lands in the Western United States are owned by the federal government. Opening up public lands—by the Bureau of Land Management, United State Forest Service in particular—is controversial on multiple levels. As it relates to food security and independence, the issue often missed is that many headwaters to prime farmland reside on federal lands, along with the majority of cattle grazing.

There isn’t enough private land in the West for oil and gas operators to reach their production goals. They have to drill on public lands in order to scale up production and develop an export market for domestic natural gas. This means that public lands, taxpayer funded public lands, could potentially be used to irreparably harm prime agricultural and grazing lands (foodsheds). More alarming, is that the Trump Administration is focused on unfettered development, extraction and distribution of natural gas resources, including opening up public lands to oil and gas leasing and gutting regulations that protect us from pollution and public health risks.

The map we have developed shows that many of the largest farms in the West are surrounded by public lands. Sixty-percent of Colorado farms are surrounded by public lands, which are within shale basins or active shale plays.  Four of the top natural gas producing counties in Colorado are also four of the top agricultural producing counties: Weld, Mesa, Montezuma, and LaPlata counties. The third, fifth, sixth, eighth and tenth agricultural producing counties in the State are surrounded by public lands within shale basins, respectively,: Larimer, Delta, El Paso, Montrose and Douglas counties. The 6,325 farms in these counties represent 17% of all Colorado farms, and 29% (nearly half) of Colorado at-risk farms for being surrounded by public lands and within shale basins.

Colorado: Public lands surround majority of farms.

Colorado: Public lands surround majority of farms.

Colorado: zoom into 3 of top agricultural producing and natural gas producing counties in Colorado, illustrating how they are surrounded by public lands.

Colorado: Map zoomed into 3 of top agricultural producing and natural gas producing counties in Colorado, illustrating how they are surrounded by public lands.

food-table

These farms, headwaters, and public lands need to be protected if we are to maintain food independence and security. Producing potentially contaminated food is neither food independence, nor food security.

Policy Implications

Why should policy makers and health insurers care? Chronic and terminal illnesses are on the rise. Healthcare costs have nowhere to go but up as long as the environment we live in, the food we eat, the water we drink, and the air we breathe continue to be polluted at such a large scale. Attempts to reduce healthcare costs by insuring all Americans will have no impact if they are all sick. The insurance model only works when there are more healthy people in the pool than unhealthy people.

Mapping Conventional & Organic U.S. Farms

Below is an interactive map showing agricultural production in the U.S. You can use the map to zoom in at the county level to understand better the type of agricultural production taking place, as well as the value of the agricultural products at the county level.

U.S. Conventional and Organic Farms and Their Productivity Near Shale Plays and Basins


View map fullscreen | How FracTracker maps work

This map excludes Alaska for a variety of reasons[9]. We include over 180 unique data points for each county across five categories: 1) Crops and Plants, 2) Economics, 3) Farms, 4) Livestock and Animals, and 5) Operators. We then break these major categories into 20 subcategories.

Table 1. Subcategories Utilized in the “US Shale Plays and Basins Along with Agricultural Productivity By County” map above

Categories Subcategories
Crops and Plants Field Crops Harvested
Fruits, Tree Nuts, Berries, Nursery and Greenhouse
Hay and Forage Crops Harvested
Seed Crops Harvested
Vegetables and Melons Harvested
Economics Buildings, Machinery and Equipment on Operation
Farm Production Expenses
Farm-Related Income and Direct Sales
Farms by Value of Sales
Market Value of Agricultural Products Sold
Farms Agricultural Chemicals Used
Farms
Farms by Size
Farms by Type of Organization
Land in Farms and Land Use
Livestock and Animals Livestock, Poultry, and Other Animals
Operators Characteristics of Farm Operators
Hired Farm Labor
Primary Occupation of Operator
Tenure of Farm Operators and Farm Operations

Analysis Results

In total, there are 589,922 and 1,369,961 farms in US Shale Plays and Basins, respectively, averaging between 589 and 646 acres in size and spread across 2,146 counties (Figure 1). These farm counties produce roughly $87.31- 218.32 billion in agricultural products each year with the highest value per-acre being the Monterey and Monterey-Temblor Formations of Southern California, the Niobrara Formation in North Central Colorado, Eastern Barnett in North Central Texas, the Antrim in Michigan, and the Northern Appalachian Shale Basins of Pennsylvania, New York, and Ohio (Figures 2a/2b). Roughly 52% of all agricultural revenue generated in US Shale Play counties comes from livestock, poultry, and derivative products vs. a national average of 44% (Figure 3).

Put another way, the value of US Shale Basin agricultural infrastructure would rank as the 9th largest economy worldwide, between Italy and Brazil.

Family-owned farms are at the greatest risk. While corporations tend to own larger acreage farms, only 8.2% of US farms are owned by corporations. This figure is nearly halved in US Shale Plays, with 4.5% of farms owned by corporations, or 95% owned by families or individuals.


Figures 1, 2a, 2b, and 3 above show the number of farms near drilling, as well as variations in the value of agricultural products produced in those regions.

Risk vs. Benefits in CO

Oil and gas activity is regulated on a somewhat patchwork basis, but generally it is overseen at the state level subject to federal laws. New York and Maryland are the only two states that ban fracking, while communities around the country have invoked zoning laws to ban fracking or impose moratoriums on a smaller scale. However, in Colorado, the Colorado Oil and Gas Conservation Commission has exclusive jurisdiction over oil and gas regulation in the State. There, fracking bans imposed by local communities, with a large number of farms, have been found to be unconstitutional by the Colorado Supreme Court.

Weld County is Colorado’s leading producer of cattle, grain, and sugar beets. Weld is the richest agricultural county in the U.S. east of the Rocky Mountains, the fourth richest overall nationally, and the largest natural gas producer in CO. Compare this to the North Fork Valley on the Western Slope of CO, which is home to the largest concentration of organic farms in the state, one of two viticultural (wine making) areas in the state, and has a reputation for being a farm-to-table hub. Delta County, in which the North Fork Valley is located, is known for its sustainable agriculture initiatives. Uniquely, Delta County is one of the few agricultural areas in the country so far untouched by the fracking boom – but that could all change. The Bureau of Land Management is considering opening 95% of BLM lands and minerals within and surrounding Delta County to oil and gas leasing.

Protecting Food Supplies

Oil and gas extraction is taking place on both private and public lands across the country. Prime and unique agricultural lands need to be protected from these industrial activities if we are to maintain food independence and ensure a healthy food supply. As demonstrated by the map above, agricultural communities in active shale plays may already in trouble. To prevent further damages on day-to-day food staples, it is imperative to increase awareness about this consequential issue.

How can people trust that the food they eat is safe to consume? Families trust farmers, food brands, school and office cafeterias, and restaurants to the extent that the food supply chain is regulated and maintained. If most of the food produced in the U.S. is within active shale plays, and the water/soil is not being tested for oil and gas chemicals, that supply chain is at risk. The secure production of our food – via clean air, water, and soil – is tantamount to lasting food independence.

Farming Testimonials

I am the leader of Slow Food Western Slope, which functions as a chapter of Slow Food USA. We envision a world in which all people can eat food that is good for them, good for the people who grow it and good for the planet: good, clean and fair food for all. Our chapter promotes and supports over 70 farmers, orchardists, ranchers, agricultural businesses and winemakers of the North Fork Valley – all of which depend on good and clean water, air and soil. With its industrial footprint and potential damage to landscape, air, water, soil and human health, extraction industries have no place in the future of the North Fork Valley. We can build a new economy around clean food, outdoor recreation, healthy lifestyle and small nonthreatening businesses.

Agricultural land is much more valuable in the long-run than the short-term gains promised from oil and gas extraction… As farmers we are attuned to crop, soil, and water conditions especially as a result of weather. If it’s too hot, too dry, too wet, too cold then there is no food. Natural gas extraction is an undeniable factor in changing climate and is incompatible with the practice of sustainable agriculture.


References and More Information

FracTracker Alliance raised awareness of this issue in 2015 when it mapped the proximity of organic farms to oil and gas wells. In that mapping analysis, it was discovered that 11% of organic farms are within ½ mile of oil and gas development. Did you know that less than 1% of agricultural lands in the United States are used to grow crops without chemicals, and that 42% of those organic farms produce food for human consumption?

Organic Farms Near Drilling Activity in the U.S.

View map fullscreen | How FracTracker maps work

This research prompted the question of what about the other 99% of agricultural lands used to grow crops and raise livestock utilizing chemicals and other conventional methods in the United States. The majority of dairy, grains, beef, poultry, fruits, vegetables, and animal feed for livestock are produced on conventional farms. Where are they located, and do we know how they are being impacted by oil and gas development?

The majority of the US population lives in urban centers and is disconnected from the American farm, including how and where food is produced. People trust their farmer, food brands, school and office cafeterias, and restaurants to the extent that they trust their supply chain, and to the extent that the farmers trust their water supply and soils. If the majority of the food produced in the U.S. is within active shale plays, and the water and soil are not being tested for oil and gas chemicals, this research questions how people can trust that their food is safe to consume. If we are to maintain our food independence and health, not only do consumers need to understand that the food supply is at risk in order to exercise their rights to protect it at the local, state, and federal levels, but policymakers need to be informed with this data to make better decisions around oil and gas development regulations and development proposals that impact our foodsheds.

References/Footnotes:

  1. 2015 Colorado Oil and Gas Toxic Release Tracker, Center for Western Priorities
  2. COMPENDIUM OF SCIENTIFIC, MEDICAL, AND MEDIA FINDINGS DEMONSTRATING RISKS AND HARMS OF FRACKING (UNCONVENTIONAL GAS AND OIL EXTRACTION), Fourth Edition, Physicians for Social Responsibility, November 17, 2016; Colborn T, Kwiatkowski C, Schultz K, Bachran M., Natural gas operations from a public health perspective, Human and Ecological Risk Assessment, 2011 17(5):1039-1056; Fracking Fumes: Air Pollution from Hydraulic Fracturing Threatens Public Health and Communities, NRDC Issue Brief, December 2014
  3. 49 CFR §192
  4. Brady, William J., Hydraulic Fracturing Regulation in the United States: The Laissez-Faire Approach of the Federal Government and Varying State Regulations, Vermont Journal of Environmental Law, Vol. 14 2012
  5. National Organic Program Standards, 7 CFR Part 205. Organic Foods Production Act, 7 U.S.C. Ch. 94
  6. Molly C. McLaughlin, Thomas Borch,, and Jens Blotevogel, Spills of Hydraulic Fracturing Chemicals on Agricultural Topsoil: Biodegradation, Sorption, and Co-contaminant Interactions, Environ. Sci. Technol. 2016, 50, 6071−6078
  7. AirWaterGas Sustainability Research Network, November 2016.
  8. Matthew Heberger and Kristina Donnelly, OIL, FOOD, AND WATER: Challenges and Opportunities for California Agriculture, Pacific Institute, December 2015.
  9. Issues with Alaskan agricultural data include incomplete reporting and large degrees of uncertainty in the data relative to the Lower 48.

By Natasha Léger, Interim Executive Director, Citizens for a Healthy Community and Ted Auch, Great Lakes Program Director, FracTracker Alliance

Forest fragmentation in PA

Forest Fragmentation and O&G Development in PA’s Susquehanna Basin

In this forest fragmentation analysis, FracTracker looked at existing vegetation height in the northern portion of Pennsylvania’s Susquehanna River Basin. The vegetation height data is available from LANDFIRE, a resource used by multiple federal agencies to assess wildfire potential by categorizing the vegetation growth in 30 by 30 meter pixels into different categories. In the portion of Pennsylvania’s Susquehanna Basin where we looked, there were 29 total categories based on vegetation height. For ease of analysis, we have consolidated those into eight categories, including roads, developed land, forest, herbs, shrubs, crops, mines and quarries, and open water.

Methods

We compared the ratio of the total number of each pixel type to the type that was found at vertical and horizontal wells in the region. In this experiment, we hypothesized that we would see evidence of deforestation in the areas where oil and gas development is present. Per our correspondence with LANDFIRE staff, the vegetation height data represents a timeframe of about 2014, so in this analysis, we focused on active wells that were drilled prior to that date. We found that the pixels on which the horizontal wells were located had a significantly different profile type than the overall pixel distribution, whereas conventional wells had a more modest departure from the general characteristics of the region.

Figure 1 - Vegetation profile of the northern portion of Pennsylvania's Susquehanna River Basin. The area is highly impacted by O&G development, a trend that is likely to continue in the coming years.

Figure 1 – Vegetation profile of the northern portion of Pennsylvania’s Susquehanna River Basin. The area is highly impacted by O&G development, a trend that is likely to continue in the coming years.

In Figure 1, we see that the land cover profile where vertical wells (n=6,198) are present is largely similar to the overall distribution of pixels for the entire study area (n=40,897,818). While these wells are more than six times more likely to be on areas classified as mines, quarries, or barren, it is surprising that the impact is not even more pronounced. In terms of forested land, there is essentially no change from the background, with both at about 73%. However, the profile for horizontal wells (n=3,787) is only 51% forested, as well as being four times more likely than the background to be categorized as herbs, which are defined in this dataset as having a vegetation height of around one meter.

Why Aren’t the Impacts Even More Pronounced?

While the impacts are significant, particularly for horizontal wells, it is a bit surprising that evidence of deforestation isn’t even more striking. We know, for example, that unconventional wells are usually drilled in multi-well pads that frequently exceed five acres of cleared land, so why aren’t these always classified as mines, quarries, and barren land, for example? There are several factors that can help to explain this discrepancy.

First, it must be noted that at 900 square meters, each pixel represents almost a quarter of acre, so the extent of these pixels will not always match with the area of disturbance. And in many cases, the infrastructure for older vertical wells is completely covered by the forest canopy, so that neither well pad nor access road is visible from satellite imagery.


View map fullscreenHow FracTracker maps work

The map above shows horizontal and vertical wells in a portion of Centre County, Pennsylvania, an area within our study region. Note that many of the vertical wells, represented by purple dots, appear to be in areas that are heavily forested, whereas all of the horizontal wells (yellow dots) are on a defined well pad in the lower right part of the frame. Panning around to other portions of Centre County, we find that vertical wells are often in a visible clearing, but are frequently near the edge, so that the chances of the 30 by 30 meter pixel that they fall into is much more likely to be whatever it would have been if the well pad were not there.

We must also consider that this dataset has some limitations. First of all, it was built to be a tool for wildfire management, not as a means to measure deforestation. Secondly, there are often impacts that are captured by the tool that were not exactly on the well site. For this reason, it would make sense to evaluate the area around the well pad in future versions of the analysis.

Figure 2 - A close up of a group of wells in the study area. Note that the disturbed land (light grey) does not always correspond exactly with the well locations.

Figure 2 – A close up of a group of wells in the study area. Note that the disturbed land (light grey) does not always correspond exactly with the well locations.

In Figure 2, we see a number of light grey areas –representing quarries, strip mines, and gravel pits –with an O&G well just off to the side. Such wells did not get classified as being on deforested land in this analysis.

And finally, after clarifying the LANDFIRE metadata with US Forest Service personnel involved in the project, we learned that while the map does represent vegetation cover circa 2014, it is actually build on satellite data collected in 2001, which has subsequently been updated with a detailed algorithm. However, the project is just beginning a reboot of the project, using imagery from 2015 and 2016. This should lead to much more accurate analyses in the future.

Why Forest Fragmentation Matters

The clearing of forests for well pads, pipelines, access roads, and other O&G infrastructure that has happened to date in the Susquehanna Basin is only a small fraction of the planned development. The industry operates at full capacity, there could be tens of thousands of new unconventional wells drilled on thousands of well pads in the region through 2030, according to estimates by the Nature Conservancy. They have also calculated an average of 1.65 miles of gathering lines from the well pad to existing midstream infrastructure. With a typical right-of-way being 100 feet wide, these gathering lines would require clearing 20 acres. It isn’t unusual for the total disturbance for a single well pad and the associated access road to exceed ten acres, making the total disturbance about 30 acres per well pad. Based on the vegetation distribution of the region, we can expect that 22 of these acres, on average, are currently forested land. Taking all of these factors into consideration, a total disturbance of 100,000 to 200,000 acres in Pennsylvania’s Susquehanna River Basin due to oil and gas extraction, processing, and transmission may well be a conservative estimate, depending on energy choices we make in the coming years.

This forest fragmentation has a number of deleterious effects on the environment. First, many invasive plant species, such as bush honeysuckle and Japanese knotweed, tend to thrive in recently disturbed open areas, where competing native plants have been removed. The practice also threatens numerous animal species that thrive far from the forest’s edge, including a variety of native song birds. The disturbed lands create significant runoff into nearby rivers and streams, which can have an impact on aquatic life. And the cumulative release of carbon into the atmosphere is staggering – consider that the average acre of forest in the United States contains 158,000 pounds of organic carbon per acre. As the area is 73% forested, the total cumulative impact could result in taking 5.8 to 11.6 million tons of organic carbon out of forested storage. Much of this carbon will find its way into the atmosphere, along with the hydrocarbons that are purposefully being extracted from drilling operations.

Wayne National Forest map and drilling

Wayne National Forest Could Be Deforested – Again

Guest article by Becca Pollard

Eighty years ago, Southeastern Ohio was a wasteland of barren, eroding hills. During the 18th and 19th centuries this once heavily forested area in the Appalachian foothills had been clear cut and mined beyond recognition. When the Great Depression struck, lowering crop prices made farming unprofitable in the area, and 40% of the population moved away.

In 1933, President Franklin Delano Roosevelt established the Civilian Conservation Corps (CCC), a public work relief program that employed men aged 18-25 to do manual labor related to conservation and development of natural resources such as planting trees, constructing trails, roads, and lodges, fighting wildfires, and controlling erosion. The following year, Ohio’s legislature agreed to allow the federal government to purchase land in the state for the purpose of establishing a national forest. The Forest Service was tasked with restoring the land for what is now called Wayne National Forest (WNF). A tree nursery was established near Chillicothe, and with the help of the CCC and volunteers, including members of the Daughters of the American Revolution, garden clubs, and school children, reforestation began.

Photos Credit: US Forest Service

An Area on the Mend

Today, WNF comprises three units that span 12 Ohio counties in the Unglaciated Allegheny Plateau. The hills are covered in biologically diverse mixed mesophytic forest, which includes approximately 120 species of trees and provides habitat for at least 45 species of mammals, 158 species of birds, 28 species of reptiles, 29 species of amphibians, and 87 species of fish. The US Forest Service estimates that 240,000 people visit this ecological wonder annually, according to Forest Recreation Program Manager, Chad Wilberger, in Nelsonville, Ohio. The restoration of barren public land to its current state is a great achievement. If it continues to be protected, Wayne could one day resemble the old growth forest that thrived here before the arrival of European settlers.

The Bureau of Land Management (BLM), however, has recently decided to lease up to 40,000 acres of Wayne to gas and oil companies for horizontal hydraulic fracturing, or fracking. The first auction took place last December resulting in the lease of 700 acres. A second auction this March leased another 1,200 acres. Nearly all of this land lies within the 60,000 acre Marietta Unit of the forest. This brings Oil & Gas Expressions of Interest (EOI) acreage to roughly 7.5% of all WNF owned parcels in this unit.

Wayne National Forest and Adjacent Existing Oil and Gas Infrastructure
Below is a map of the Wayne National Forest, along with parcels owned by WNF (shown in gray) and those that might be subject to unconventional oil and gas development (gray parcels outlined with dashes). We also include existing unconventional oil and gas infrastructure near the park. Explore the map below, or click here to view the map fullscreen.


View map fullscreen | How FracTracker maps work

Not new, not old

Gas and oil development is not new to the Wayne. Since the passage of The Federal Land Policy and Management Act of 1976, the US Forest Service’s land management plan for WNF has included conventional drilling, and derricks are a common sight on both public and private land in southeastern Ohio.

Fracking (unconventional drilling), however, has a far greater impact, requiring clear cutting of large areas of land for the construction of concrete well pads, and the use of millions of gallons of water that will become contaminated during the process and then transported by truck to injection wells. Accidents can be catastrophic for workers and nearby residents, and fracking and waste water disposal have been linked to earthquakes in Ohio.

In 2012, BLM updated its WNF Land and Resource Management Plan to allow fracking in the forest without conducting new impact studies.

What is at risk?

The Marietta Unit of the WNF is located in Monroe, Perry, and Washington counties in Southeastern Ohio along the Ohio River. Within its boundary are a wealth of trails used for hiking, backpacking, horseback riding, and mountain biking, campgrounds, and waterways ideal for kayaking and fishing. Both the highest and lowest points in the Wayne lie in this unit, as does the Irish Run Natural Bridge. The area is also known for its exceptional wildflowers, as shown in the photos below.

One popular recreation area, Lamping Homestead, lies directly within an oil and gas Expression Of Interest (EOI) parcel #3040602400 (See Map Above), one of the areas under consideration for lease. In the 1800s, it was the site of the Lamping family’s farm, but today all that remains of the settlers is a small cemetery with an iron gate atop a hill overlooking a small lake. Six campsites are situated around the western side of the lake, and two intersecting hiking loops rise into the wooded hills to the east. On the western side of the parking lot is a covered picnic area. A creek flows out of the lake and into Clear Fork, a tributary of the Little Muskingum River, across the road from the parking lot.

Both the lake and stream are popular boating and fishing areas. Lamping is an excellent spot for wildlife viewing. The lake, the creeks that flow in and out of it, and the surrounding wooded hills support an impressive variety of plant and animal species. During the day, visitors might spot ducks, geese, great blue herons, red-winged blackbirds, summer tanagers, red spotted newts, box turtles, northern water snakes, garter snakes, deer, rabbits, and muskrats. At night, they could be greeted by a cacophony of voices from frogs, owls, and coyotes.

Species of trees, plants, and fungus are also numerous. In winter, stands of white pine pop out against the bare branches of oak, hickory, maple, buckeye, and other deciduous trees. In spring, eye-catching splotches of blooming dogwood and redbud contrast against the many shades of green. But hikers who pull their gaze away from the brightly colored canopy and look down are rewarded with an abundance of wildflowers and the butterflies they attract, as well as many varieties of mushrooms and fungus, including such edible varieties as morels, wood ear, and dryad’s saddle.

Estimating Disturbances

It is unclear how much surface disturbance would occur on public land if this parcel were to be fracked, but even if the well pad and pipelines were constructed on private land adjacent to the forest, in order to drill under the forest, the public land and its inhabitants and visitors would certainly be impacted.

There is no question that noise and air pollution from traffic and construction would be disruptive both to wildlife and to human visitors. Explore various photos of the oil and gas industry in the gallery below:

The extraction process requires 2 million to 6 million gallons of fresh water each time a well is fracked. The rate at which hydraulic fracturing’s water demand is increasing on a per-well basis here in Ohio reached an exponential state around Q4-2013 and Q1-2014 and continues to rise at a rate of 3.1 million gallons per well per year (Figure 1).

Ohio Hydraulic Fracturing Total and Per Well Freshwater Demand between Q3-2010 and Q3-2016.

Ohio Hydraulic Fracturing Total and Per Well Freshwater Demand between Q3-2010 and Q3-2016.

In Ohio, oil and gas companies are allowed to pull this water directly from streams and rivers at no cost. All this is possible, despite the fact that after its use it is so contaminated that it must be disposed of via injection wells and is permanently removed from the water cycle. The industry is already pulling water from streams in the Marietta Unit of the WNF for use in fracking on private land. Fracking public land simply means water withdrawals will occur on a much larger scale.

Ohio and West Virginia Shale Water Demand and Injection Waste Disposal
This map shows Utica wells weighted by water demand and disposal (and/or production). It also depicts water, sand, and chemical usage as well as injection waste and oil production. Explore the map below, or click here to view map fullscreen.


View map fullscreen | How FracTracker maps work

Inevitable methane leaks, in addition to contributing to climate change, affect humans and wildlife in their immediate vicinity, causing headaches and nausea and even killing trees and plants.

In addition to the anticipated harm that fracking inflicts upon a natural area, there is also a risk of accidents with potentially devastating consequences. Residents of Monroe County have already seen a few in recent years from fracking on private land. In 2014, a well pad fire in the village of Clarington resulted in a chemical spill that contaminated nearby Opossum Creek, killing 70,000 fish. The same year a large gas leak 15 miles south in the village of Sardis resulted in the evacuation of all homes within half mile radius.

Recent studies have shown that extraction wells, in addition to injection wells, can cause earthquakes. Unsurprisingly, Monroe County has seen a spike in seismic activity with the increase in fracking activity in the area. The most recent incident was a 3.0 magnitude earthquake in the forest less than five miles from Lamping Homestead in April of this year.

Supporters of Wayne National Forest

Many people have repeatedly spoken out against BLM’s plan, submitting a petition with more than 100,000 signatures, and protesting outside Wayne National Forest Headquarters and Athens Ranger Station in Nelsonville. They have even organized voters to call and write letters to Regional Forester Kathleen Atkinson and legislators, including Senators Sherrod Brown and Rob Portman, and Governor John Kasich. BLM has not budged on its decision, unfortunately, insisting that leasing this land for fracking, and associated infrastructure buildout, will have “no significant impact.”

This May, the Center for Biological Diversity, Ohio Environmental Council, Ohio Sierra Club, and Heartwood, a regional organization focused on protecting forests, filed a lawsuit against BLM, aiming to void BLM leases and halt all fracking operations within the national forest.

Concerned citizens continue to organize raise awareness as they await the outcome of the suit.

Becca Pollard is Freelance Journalist and Co-founder of Keep Wayne Wild


Data Downloads

Click on the links below to download the data used to create this article’s maps:

Ethanol and fracking

North American Ethanol’s Land, Water, Nutrient, and Waste Impact

Corn Ethanol and Fracking – Similarities Abound

Even though it is a biofuel and not a fossil fuel, in this post we discuss the ways in which the corn ethanol production industry is similar to the fracking industry. For those who may not be familiar, biofuel refers to a category of fuels derived directly from living matter. These may include:

  1. Direct combustion of woody biomass and crop residues, which we recently mapped and outlined,
  2. Ethanol1 produced directly from the fermentation of sugarcanes or indirectly by way of the intermediate step of producing sugars from corn or switchgrass cellulose,
  3. Biodiesel from oil crops such as soybeans, oil palm, jatropha, and canola or cooking oil waste,2 and
  4. Anaerobic methane digestion of natural gas from manures or human waste.

Speaking about biofuels in 2006, J. Hill et al. said:

To be a viable substitute for a fossil fuel, an alternative fuel should not only have superior environmental benefits over the fossil fuel it displaces, be economically competitive with it, and be producible in sufficient quantities to make a meaningful impact on energy demands, but it should also provide a net energy gain over the energy sources used to produce it.

Out of all available biofuels it is ethanol that accounts for a lion’s share of North American biofuel production (See US Renewables Map Below). This trend is largely because most Americans put the E-10 blends in their tanks (10% ethanol).3 Additionally, the Energy Independence and Security Act of 2007 calls for ethanol production to reach 36 billion gallons by 2022, which would essentially double the current capacity (17.9 billion gallons) and require the equivalent of an additional 260 refineries to come online by then (Table 1, bottom).

US Facilities Generating Energy from Biomass and Waste along with Ethanol Refineries and Wind Farms


View map fullscreen | How FracTracker maps work

But more to the point… the language, tax regimes, and potential costs of both ethanol production and fracking are remarkably similar. (As evidenced by the quotes scattered throughout this piece.) Interestingly, some of the similarities are due to the fact that “Big Ag” and “Big Oil” are coupled, growing more so every year:

The shale revolution has resulted in declining natural gas and oil prices, which benefit farms with the greatest diesel, gasoline, and natural gas shares of total expenses, such as rice, cotton, and wheat farms. However, domestic fertilizer prices have not substantially fallen despite the large decrease in the U.S. natural gas price (natural gas accounts for about 75-85 percent of fertilizer production costs). This is due to the relatively high cost of shipping natural gas, which has resulted in regionalized natural gas markets, as compared with the more globalized fertilizer market. (USDA, 2016)

Ethanol’s Recent History

For background, below is a timeline of important events and publications related to ethanol regulation in the U.S. in the last four decades: 

Benefits of Biofuels

[Bill] Clinton justified the ethanol mandate by declaring that it would provide “thousands of new jobs for the future” and that “this policy is good for our environment, our public health, and our nation’s farmers—and that’s good for America.” EPA administrator Carol Browner claimed that “it is important to our efforts to diversify energy resources and promote energy independence.” – James Bovard citing Peter Stone’s “The Big Harvest,” National Journal, July 30, 1994.

Of the 270 ethanol refineries we had sufficient data for, we estimate these facilities employ 235,624 people or 873 per facility and payout roughly $6.18-6.80 billion in wages each year, at an average of $22.9-25.2 million per refinery. These employees spend roughly 423,000 hours at the plant or at associated operations earning between $14.63 and $16.10 per hour including benefits. Those figures amount to 74-83% of the average US income. In all fairness, these wages are 13-26% times higher than the farming, fishing, and forestry sectors in states like Minnesota, Nebraska, and Iowa, which alone account for 33% of US ethanol refining.

Additional benefits of ethanol refineries include the nearly 179 million tons of CO2 left in the field as stover each year, which amounts to 654,532 tons per refinery. Put another way – these amounts are equivalent to the annual emissions of 10.7 million and 39,194 Americans, respectively.

Finally, what would a discussion of ethanol refineries be without an estimate of how much gasoline is produced? It turns out that the 280 refineries (for which we have accurate estimates of capacity) produce an average of 71.93 million gallons per year and 20.1 billion gallons in total. That figure represents 14.3% of US gasoline demand.

Costs of Biofuels

Direct Costs

Biofuel expansions such as those listed in the timeline above and those eluded to by the likes of the IPCC have several issues associated with them. One of which is what Pimentel et al. considered an insufficient – and to those of us in the fracking NGO community, familiar sounding – “breadth of relevant expertise and perspectives… to pronounce fairly and roundely on this many-sided issue.”

The above acts and reports in the timeline prompted many American farmers to double down on corn at the expense of soybeans, which caused Indirect Land Use Change (ILUC); the global soy market skyrocketed. This, in turn, prompted the clearing and/or burning of large swaths of the Amazonian rainforests and tropical savannas in Brazil, the world’s second-leading soy producer. More recently, large swaths of Indonesia and Malaysia’s equally biodiverse peatland forests have been replaced by palm oil plantations (Table 2 and Figure 3, bottom). In the latter countries, forest displacement is increasing by 2.7-5.3% per year, which is roughly equal to the the rate of land-use change associated with hydraulic fracturing here in the US4 (Figure 1).


Figures 1A and 1B. Palm Oil Production in A) Indonesia and B) Malaysia between 1960 and 2016.

There is an increasing amount of connectivity between disparate regions of the world with respect to energy consumption, extraction, and generation. These connections also affect how we define renewable or sustainable:

In a globalized world, the impacts of local decisions about crop preferences can have far reaching implications. As illustrated by an apparent “corn connection” to Amazonian deforestation, the environmental benefits of corn-based biofuel might be considerably reduced when its full and indirect costs are considered. (Science, 2007)

These authors pointed to the fact that biofuel expectations and/or mandates fail to account for costs associated with atmospheric – and leaching – emissions of carbon, nitrogen, phophorus, etc. during the conversion of lands, including diverse rainforests, peatlands, savannas, and grasslands, to monocultures. Also overlooked were:

  • The ethical concerns associated with growing malnourishment from India to the United States,
  • The fact that 10-60%5 more fossil fuel derived energy is required to produce a unit of corn ethanol than is actually contained within this very biofuel, and
  • The tremendous “Global land and water grabbing” occuring in the name of natural resource security, commodification, and biofuel generation.

Sacrificing long-term ecological/food security in the name of short-term energy security has caused individuals and governments to focus on taking land out of food production and putting it into biofuels.

The rationale for ethanol subsidies has continually changed to meet shifting political winds. In the late 1970s ethanol was championed as a way to achieve energy independence. In the early 1980s ethanol was portrayed as salvation for struggling corn farmers. From the mid and late 1980s onward, ethanol has been justified as saving the environment. However, none of those claims can withstand serious examination. (James Bovard, 1995)

This is instead of going the more environmentally friendly route of growing biofuel feedstocks on degraded or abandoned lands. An example of such an endeavor is the voluntary US Conservation Reserve Program (CRP), which has stabilized at roughly 45-57 thousand square miles of enrolled land since 1990, even though the average payout per acre has continued to climb (Figure 2).

The Average Subsidy to Farmers Per Acre of Conservation Reserve Program (CRP) between 1986 and 2015.

Figure 2. The Average Subsidy to Farmers Per Acre of Conservation Reserve Program (CRP) between 1986 and 2015.

The primary goals of the CRP program are to provide an acceptable “floor” for commodity prices, reduce soil erosion, enhance wildlife habitat, ecosystem services, biodiversity, and improve water quality on highly erodible, degraded, or flood proned croplands. Interestingly CRP acreage has declined by 27% since a high of 56 thousand square miles prior to the Energy Independence and Security Act of 2007 being passed. Researchers have pointed to the fact that corn ethanol production on CRP lands would create a carbon debt that would take 48 years to repay vs. a 93 year payback period for ethanol on Central US Grasslands.

To quote Fred Magdoff in The Political Economy and Ecology of Biofuels:

Alternative fuel sources are attractive because they can be developed and used without questioning the very workings of the economic system — just substitute a more “sustainable,” “ecologically sound,” and “renewable” energy for the more polluting, expensive, and finite amounts of oil. People are hoping for magic bullets to “solve” the problem so that capitalist societies can continue along their wasteful growth and consumption patterns with the least disruption. Although prices of fuels may come down somewhat — with dips in the business cycle, higher rates of production, or a burst in the speculative bubble in the futures market for oil — they will most likely remain at historically high levels as the reserves of easily recovered fuel relative to annual usage continues to decline.

Indirect Costs: Ethanol, Fertilizers, and the Gulf of Mexico Dead Zone

This is the Midwest vs. the Middle East. It’s corn farmers vs. the oil companies. – Dwaney Andreas in Big Stink on the Farm by David Greising

Sixty-nine percent6 of North America’s ethanol refineries are within the Mississippi River Basin (MRB). These refineries collectively rely on corn that receives 1.9-5.1 million tons of nitrogen each year, with a current value of $1.06-2.91 billion dollars or 9,570-26,161 tons of nitrogen per refinery per year (i.e. $5.42-14.81 million per refinery per year). These figures account for 27-73% of all nitrogen fertilizer used in the MRB each year. More importantly, the corn acreage receiving this nitrogen leaches roughly 0.81-657 thousand tons of it directly into the MRB. Such a process amounts to 5-44% of all nitrogen discharged into the Gulf of Mexico each year and 1.7-13.8 million tons of algae responsible for the Gulf’s growing Dead Zone.

Midwest/Great Plains US Ethanol Refineries and Crop Residue Production

Leaching of this nitrogen is analogous to flushing $45.7-371.6 million dollars worth of precious capital down the drain. Put another way, these dollar figures translate into anywhere between 55% and an astonishing 4.53 times Direct Costs to the Gulf’s seafood and tourism industries of the Dead Zone itself.

These same refineries rely on corn acreage that also receives 0.53-2.61 million tons of phosphorus each year with a current value of 0.34-1.66 billion dollars. Each refinery has a phosphrous footprint in the range of 2,700 to 13,334 tons per year (i.e., $1.72-8.47 million). We estimate that 25,399-185,201 tons of this fertilizer phosphorus is leached into the the MRB, which is equivalent to 19% or as much as 1.42 times all the phosphorous dischared into the Gulf of Mexico per year. Such a process means $16.13-117.60 million is lost per year.

Together, the nitrogen and phosphorus leached from acreage allocated to corn ethanol have a current value that is between 75% and nearly 6 times the value lost every year to the Gulf’s seafood and tourism industries.

Indirect Costs: Fertilizer and Herbicide Costs and Leaching

The 270 ethanol refineries we have quality production data for are relying on corn that receives 367,772 tons of herbicide and insecticide each year, with a current value of $6.67 billion dollars or 1,362 tons of chemical preventitive per refinery per year (i.e. $24.7 million per refinery per year). More importantly the corn acreage receiving these inputs leaches roughly 15.8-128.7 thousand tons of it directly into surrounding watersheds and underlying aquifers. Leaching of these inputs is analogous to flushing $287 million to $2.3 billion dollars down the drain.

What’s Next?

During the recent Trump administration EPA, USDA, DOE administrator hearings, the Renewable Fuel Standard (RFS) was cited as critical to American energy independence by a bipartisan group of 23 senators. Among these were Democratic senator Amy Klobuchar and Republican Chuck Grassley, who co-wrote a letter to new EPA administrator Scott Pruitt demanding that the RFS remains robust and expands when possible. In the words of Democratic Senator Heidi Heitkamp – and long-time ethanol supporter – straight from the heart of the Bakken Shale Revolution in North Dakota:

The RFS has worked well for North Dakota farmers, and I’m fighting to defend it. As we’re doing today in this letter, I’ll keep pushing in the U.S. Senate for the robust RFS [and Renewable Volume Obligations (RVOs)] we need to support a thriving biofuels industry and stand up for biofuels workers. Biofuels create good-paying jobs in North Dakota and help support our state’s farmers, who rely on this important market – particularly when commodity prices are challenging.

Furthermore, the entire Iowa congressional delegation including the aforementioned Sen. Grassley joined newly minted USDA Secretary Sonny Perdue when he told the Iowa Renewable Fuels Association:

You have nothing to worry about. Did you hear what he said during the campaign? Renewable energy, ethanol, is here to stay, and we’re going to work for new technologies to be more efficient.

How this advocacy will play out and how the ethanol industry will respond (i.e., increase productivity per refinery or expand the number of refineries) is anybody’s guess. However, it sounds like the same language, lobbying, and advertising will continue to be used by the Ethanol and Unconventional Oil and Gas industries. Additional parallels are sure to follow with specific respect to water, waste, and land-use.

Furthermore, as both industries continue their ramp up in research and development, we can expect to see productivity per laborer to continue on an exponential path. The response in DC – and statehouses across the upper Midwest and Great Plains – will likely be further deregulation, as well.

From a societal perspective, an increase in ethanol production/grain diversion away from people’s plates has lead to a chicken-and-egg positive feedback loop, whereby our farmers continue to increase total and per-acre corn production with less and less people. In rural areas, mining and agriculture have been the primary employment sectors. A further mechanization of both will likely amplify issues related to education, drug dependence, and flight to urban centers (Figures 4A and B).

We still don’t know exactly how efficient ethanol refineries are relative to Greenhouse Gas Emissions per barrel of oil. By merging the above data with facility-level CO2 emissions from the EPA Facility Level Information on Greenhouse gases Tool (FLIGHT) database we were able to match nearly 200 of the US ethanol refineries with their respective GHG emissions levels back to 2010. These facilities emit roughly:

  • 195,116 tons of CO2 per year, per facility,
  • A total of 36.97 million tons per year (i.e., 2.11 million Americans worth of emissions), and
  • 22,265 tons of CO2 per barrel of ethanol produced.

Emissions from ethanol will increase to 74.35 million tons in 2022 if the Energy Independence and Security Act of 2007’s prescriptions run their course. Such an upward trend would be equivalent to the GHG emissions of somewhere between that of Seattle and Detroit.

What was once a singles match between Frackers and Sheikhs may turn into an Australian Doubles match with the Ethanol Lobby and Farm Bureau joining the fray. This ‘game’ will only further stress the food, energy, and water (FEW) nexus from California to the Great Lakes and northern Appalachia.

We are on a thinner margin of food security, just as we are on a thinner margin of oil security… The [World] Bank implicitly questions whether it is wise to divert half of the world’s increased output of maize and wheat over the next decade into biofuels to meet government “mandates.” – Ambrose Evans-Pritchard in The Telegraph

Will long-term agricultural security be sacrificed in the name of short-term energy independence?

US and Global Corn Production and Acreage between 1866 and 2015.

Figure 3. US and Global Corn Production and Acreage between 1866 and 2015.

Figures 4A and 4B. A) Number of Laborers in the US Mining, Oil and Gas, Agriculture, Forestry, Fishing, and Hunting sector and B) US Corn Production Metrics Per Farm Laborer between 1947 and 2015.

Ethanol Tables

Table 1. Summary of our Corn Ethanol Production, Land-Use, and Water Demand analysis

Gallons of Corn Ethanol Produced Per Year 17,847,616,000
Bushels of Corn Needed 6,374,148,571
Percent of US Production 44.73%
Land Needed 104,372,023 acres
“” 163,081 square miles
Percent of Contiguous US Land 5.51%
Percent of US Agricultural Land 11.28%
Gallons of Water Needed 49.76 trillion (i.e. 3.55 million swimming pools)
Gallons of Water Per Gallon of Oil 2,788
Average and Total Site/Industry Capacity
Average Corn Ethanol Production Per Existing or Under Construction Facility (n = 257) 69,717,250
Gallons of Corn Ethanol Produced Per Year 17,847,616,000
Difference Between 2022 Energy Independence and Security Act of 2007 36 Billion Gallon Mandate 18,152,384,000
# of New Refineries Necessary to Get to 2022 Levels 260
Percent Increase Over Current Facility Inventory 1.7
IEA 2009 World Energy Outlook 250-620% Increase Predictions for 2030
250% 44,619,040,000
# of New Refineries Necessary 640
Percent Increase Over Current Facility Inventory 150.00
620% 110,655,219,200
# of New Refineries Necessary 1,587
Percent Increase Over Current Facility Inventory 520.00

Table 2. Global Population Growth and Corn and Soybean Productivity Trends.

Percent Change Metric
+1.13% Global Population Growth Trend
Corn (Bushels Per Acre)
+1.15% Per Year United States
+1.20% Per Year Global
Soybean (Tons Per Acre)
+0.9% Per Year United States
+1.5% Per Year Brazil
Palm Oil (Tons)
+5.1% Per Year Indonesia
+2.7% Per Year Malaysia

References and Footnotes

  1. Ethanol as defined in the Ohio Revised Code (ORC) Corporation Franchise Tax 5733.46 means “fermentation ethyl alcohol derived from agricultural products, including potatoes, cereal, grains, cheese whey, and sugar beets; forest products; or other renewable resources, including residue and waste generated from the production, processing, and marketing of agricultural products, forest products, and other renewable resources that meet all of the specifications in the American society for testing and materials (ASTM) specification D 4806-88 and is denatured as specified in Parts 20 and 21 of Title 27 of the Code of Federal Regulations.”
  2. A) Pyrolysis is included in the biofuel category and involves the anaerobic decay of cellulose rich feedstocks such as switchgrass at high temperatures producing synthetic diesel or syngas, and
    B) According to many researchers biofuels made from waste biomass or crops grown on degraded and abandoned lands with warm-season prairie grasses and legumes incur little or no carbon debt and provide “immediate and sustained Greenhouse Gas (GHG) advantages” by rehabilitating soil health and capturing, rather than emitting by way of increased fertilizer use, various forms of nitrogen including N2O, NO3, and NO2.
  3. According to Fred Magdoff, the ethanol complex is lobbying for “more automobile engines capable of using E-85 (85 percent ethanol, 15 percent gasoline) for which there are currently 2,710 fueling stations across the country although 56% of them are in just nine states: 1) Wisconsin (117), 2) Missouri (107), 3) Minnesota (335), 4) Michigan (174), 5) Indiana (172), 6) Illinois (221),  7) Iowa (193), 8) Texas (99), and 9) Ohio (97). Some states are mandating a mixture greater than 10 percent. Ethanol can’t be shipped together with gasoline in pipelines because it separates from the mixture when moisture is present, so it must be trucked to where it will be mixed with gasoline.” The E-85 blend comes with its own costs including higher emissions of CO, VOC, PM10, SOx, and NOx than gasoline.
  4. McClaugherty, C., Auch, W. Genshock, E. and H. Buzulencia. (2017). Landscape impacts of infrastructure associated with Utica shale oil and gas extraction in eastern Ohio, Ecological Society of America, 100th Annual Meeting, Baltimore, MD, August, 2015.
  5. Hill et al. recently indicated “Ethanol yields 25% more energy than the energy invested in its production, whereas biodiesel yields 93% more.”
  6. An additional 9-10 refineries or 73% of all ethanol refineries are within 25 miles of the Mississippi River Basin.

By Ted Auch, PhD, Great Lakes Program Coordinator, FracTracker Alliance

Cover photo, left: Oil and gas well pad, Ohio. Photo by Ted Auch.
Cover photo, right: A typical ethanol plant in West Burlington, Iowa. Photo by Steven Vaughn.


Data Downloads

Click on the links below to download the datasets used to create the maps in this article.

  1. Detailed US Ethanol water, land, chemical fertilizer, and herbicide demand
  2. Estimates of North American Ethanol Refinery’s water and land-use demand
Frac sand mining from the sky in Wisconsin

Fracking in Dairy Country

A dairy farmer in Wisconsin reflects upon a new industry in town: frac sand mining, how it is perceived, and where the industry is headed.

By Paul Jereczek
Jereczek Homestead Dairy, Dodge, Wisconsin

In 4th grade, every Wisconsin student learns about their state. Topics pertaining to Wisconsin’s economy, geography, and history along with ethnicity and traditions are introduced and explored. State facts and anecdotes are discussed and naturally memorized. The one that stood out to me the most was how Wisconsin became known as the “Badger State.”

The origin of the badger nickname is from mining. The 4th grade story I remember was that miners were too busy to build houses so they moved into abandoned mineshafts and/or dug their own burrows. These men became known as “badgers.” The 4th grade version of myself thought that was real impressive. I pictured strong, hard working men fiercely toiling away in the earth like mythical creatures, helping make Wisconsin what it is today.

It made for a great story.

Back to Reality

The reality and documentation of the times suggests something different. Most miners lived in cabins or other structures above ground. There most certainly were a few outliers on the fringe of mining society who burrowed their own holes or lived in abandoned underground mines, but the adult version of myself has a hard time imagining that the term used to describe such men – badgers – was used as a compliment.

Either way, the result is the same. Word spread and eventually Wisconsin became known as the Badger State. The state may be known worldwide for its cheese and agriculture, but there was mining in Wisconsin long before the first dairy cow. While the state was earning its nickname, mining was a prominent reason for the early success of the region.

Dairy Farming in WI

The 700 acre Jereczek Homestead Dairy in Dodge Township, Trempealeau County, Wisconsin first established in 1873 and now being operated by the the 6th generation of Jereczeks.

The 700 acre Jereczek Homestead Dairy in Dodge Township, Trempealeau County, Wisconsin first established in 1873 and now being operated by the 6th generation of Jereczeks.

Our farm is in Trempealeau County, Wisconsin – a driftless area – meaning the land was not covered by glaciers during the last ice age. The terrain is hilly and uneven, with tree-topped bluffs and hills overlooking valleys. The valleys, ranging from deep and narrow to wide and shallow, bump and flow into each other. Over the years, our farm has received its fair share of breaker rock, crushed rock, and gravel from the prevalent rock quarries. Sandstone deposits are huge and close to the surface. As a kid, there was a ledge in the cow pasture, where I hunted through chunks of sandstone for fossils.

As with everything else in the world, dairy farming continues to change. Most barns sit derelict and hold only memories of cows as they fade into the landscape. Small farms that clung to the valley walls have been sold to bigger operations, sit vacant, or have been built over. A lot of once prime farmland has been converted into houses with ridiculously large lawns. In 1990, Wisconsin had over 34,000 licensed dairy herds. Now there are just over 9,000.

We are the last dairy farm in our valley. Parallel to the trend, my childhood herd of 40 cows has turned to 200, which is about an average-sized herd. Margins are tighter than ever. Consistent help is hard to find. Milk prices are a terrible rollercoaster ride – it seems to take forever for them to go up, but when they fall, it’s fast and sickening. In the dairy business world, survival is a measure of success.

Frac Sand Mining Perceptions

Wisconsin Frac Sand Mines, Processing Facilities, and Related Operations

Wisconsin Frac Sand Mines, Processing Facilities, and Related Operations

The term frac sand is relatively new to me. I always assumed sand was sand and had given the word sand a negative connotation. Sand’s large particles don’t hold moisture or nutrients well, so sandy fields tend to perform poorly. But what if that sand has value for something else? What if there is a market for this sand much like a market for corn or soybeans?

Farmers tend to be resourceful. Every asset is scrutinized and employed to the fullest. Every acre is pushed. But what about what may lie beneath the soil? Sand mining has been going on in Wisconsin for well over a hundred years, but the recent surge in fracking has created an enormous demand for frac sand – and there are many people and companies set to take advantage of the boom.

Top U.S. Destinations for Wisconsin's Frac Sands Estimated from Superior Silica Sands' 2015 SEC 10Ks

Top U.S. Destinations for Wisconsin’s Frac Sands Estimated from Superior Silica Sands’ 2015 SEC 10Ks

Trempealeau County has zoning and planning ordinances to protect its industries and way of life. These aggressive ordinances allow more citizen input than other county’s ordinances. Public hearings are required, and orderly processes are enforced. With the economics involved with frac sand mining, citizens got educated very quickly. Much like abortion or immigration, frac sand has become a polarizing subject. Strong emotions built up by personal ideologies have pushed this topic to a boiling point. The for and against groups trade barbs without much convincing being done on either side. Frac sand mining editorials are common in local papers with those against appearing to be the most vocal and emotional.

New Player, New Approach

One such editorial detailed the approach a sand company took to obtaining a property. A local farmer had a sand mine company representative approach him with an oversized check written out to him for a sizable amount of money for his land. It was as though the sand rep was taking a page out of the Publishers Clearing House’s playbook. The farmer turned down the check. The sand rep left and returned a short time later with a significantly larger offer. The farmer was equally surprised and insulted. He found out later a few neighbors turned down similar proposals.

So what’s the deal with such a brazen approach? Intentions from this company may well have been good. Many people believed the sand mines were a win-win opportunity. Companies were selling hype – there was no way for anything but success. Extreme optimism. Sand mines were going to increase the tax base, fund schools and roads. Concerns were minimized, and residents were told what they wanted to hear. Such talk produced plenty of skeptics.

Environmental Costs of Frac Sand Mining

With both dairying and fracking, there is an environmental cost. Whether you milk 10, 100, or 1,000 cows – there are environmental pressures. With sand mining, the environmental effects are well documented. It is important, if not just practical, to measure these with the fiscal rewards. And where does this money go and who benefits the most? But, most importantly, who must deal with the consequences?

The risks of sand mines can be mitigated if proper regulations are taken seriously. With the extra scrutiny, a magnifying glass was placed over the sand mines, and what was found only proved the skeptics right. Trapping or pooling storm water seemed to be a learning process for sand mine companies; reported in 2012, every operating sand mine in Trempealeau County had storm water runoff violations. In 2014, over half of the sand mines in all of Wisconsin had violated environmental regulations imposed by the Department of Natural Resources. Add to this loss of surrounding property values, damage to roads, and a damper on quality of life – and you’ll create a substantial amount of public backlash.

Regulations Have Their Place

As was mentioned earlier, mining Is not new to the state. There are many multi-generational mining companies who have the experience, tradition, and financial network to abide by current standards and environmental regulations. Nobody likes to be told what to do. No industry is out there begging for more regulations. Often, the rules are in place to protect – not hinder – those that use environmentally safe and humane practices. Dairying has its own unique regulations – some are good, some not so much, and some downright stupid. Yet, overall it can be argued that these regulations protect the industry and the environment.

One heated topic in the dairy industry involves the sale of raw (unpasteurized) milk. It is illegal for any dairy in the state to sell raw milk. I have been drinking raw milk straight from the bulk tank since before I can remember. Our whole family did. Now, I still drink it and so do all my children from the age of a year and a half on up. None of us has ever had trouble with it. However, I am in complete agreement that the sale of raw milk should be illegal. All it takes is for one child to get terribly sick (which most certainly would happen) and for that kid lying on a hospital bed being blasted by every news network in the nation. These images create strong negative emotions that reverberate throughout society. The potential costs far outweigh the economic benefits from such a sale. Sure, some people are upset, but the greater good is maintained by taking away a risky practice.

The same principle works for mining. Rules and regulations get negative press and reaction, but who stands to lose the most from environmental catastrophes related to mining – the company in business 90-some years or the startup mining ventures trying to capture lightning in a bottle? Some companies have built years of trust and compatibility and support for their local communities. These are businesses that will remain after the sand rush has fizzled.

Booms and Busts, Ups and Downs

The frac sand industry is going through the same economic cycle as the dairy industry. The sand companies are getting better at what they do and increase their production capacity. Like milk, sand is a commodity. As the price of sand decreased, production increased to maintain profits. The dairy industry does the same thing, by expanding and improving efficiency to get more milk to catch those dollars slipping away. However, when the market is flush with milk or bombed with sand, they’re just doing more damage to themselves. This is a simplified take on the industry, as there are many global factors that come into play, but the overall pattern tends to remain. As the dairy industry can attest, this fluctuating cycle is not sustainable for all producers.

Primary and Secondary US Silica Sand Geologies and Existing Frac Sand Mines

Primary and Secondary US Silica Sand Geologies and Existing Frac Sand Mines

Worse yet for the sand industry, this cycle has occurred in hyper speed. At first, just the small mines cut production. Outcompeted by larger operations, production at smaller mines was no longer profitable. Soon, the larger mines cut production due to the weakening demand. Many mines in the permit or early production phases never got started. Unlike the dairy industry, there was no rollercoaster effect because prices have yet to return to prior levels. The bubble, it seems, had popped.

With any kind of new mine developed comes the environmental impacts. Yet, I find the fervent negative reaction to such practices directly related to the end result. Fracking. Fracking isn’t magic. They’re not just mixing water with this sand and forcing oil and gas out of the ground. Harmful chemicals are being added to the mix. Worst yet, the quantity and potency of such chemicals is kept secret, closely guarded from the public. Harmful chemicals are being legally pumped into the ground. All the short-term gains will have long-term consequences. This is where I believe a significant backlash for new mines comes from. The end result. Can you imagine what the public’s perception of dairy farms would be if milk was mixed with chemicals and pumped into the ground?

The Future of Dairy Farming in Wisconsin

The 2016 presidential election has breathed some life into the frac sand industry. The new president promises to cut regulations interfering with business, and thus far has kept those promises. The environment will not be a detriment to his goals. Sand companies are returning with ads in the local papers, looking for qualified applicants and offering great salaries. In contrast, the dairy industry is stuck in a rollercoaster spiral. Milk prices have been too low for far too long. The dairy dispersal continues with some very good cows being sold and very good dairymen and women calling it quits. Naturally, some land will be sold. To what end remains to be seen. But it is a safe bet, the frac sand mining ride has not ended.

Dunes, Great Lakes Barrens at Risk

World Class Dunes and Great Lakes Barrens at Risk at Ludington

By Dave Dister, Consulting Ecologist, Ludington, MI

One of the prime reasons I moved to the Ludington, Michigan area in 2008 was the aesthetic and biological diversity evident at Ludington State Park (LSP). As a field biologist nearing the end of his formal career, I was eager to conduct a study of the vascular plants within the 5,300-acre park. That study consumed six years of exploring all habitats and ecosystems, and documenting (by vouchers) the flora I encountered. Although the unfortunate presence of the Sargent Sand Company operation was obvious as it cut through the south end of the park, it was not until the fracking boom a few years ago that I took special notice as a residential neighbor.

US Frac Sands and Silica Geology Map


View map fullscreen | How FracTracker maps work

Above is a dynamic map of silica sands and frac sand mines, drying facilities, and other related facilities. Zoom and click on the map to explore various aspects of frac sand mining infrastructure. Click here to view the map full screen along with its legend.

Expanding Sand Mining

That “sleepy” sand mining operation suddenly turned into a 24-hour, seven-days-a-week operation, with associated noise that irritated a very light-sleeping biologist. Hamlin Township officials were only partially effective in addressing residential impacts “after hours,” and had no interest in developing reasonable ordinances upon a commercial operation. Although increased noise and truck traffic were a tangible nuisance, only when a renewal of the company’s sand mining permit was announced did it become clear that biological resources within the 372-acre private in-holding were afforded virtually no protection at all. And the more research I did into the regulatory permitting process, the more incredulous the situation appeared.


Above – Photos of Sargent Sands frac sand mining operations taken by Ted Auch, FracTracker Alliance

1979 Environmental Impact Report

My expertise as a wetlands biologist and botanist were well suited to scrutinizing the 1979 Environmental Impact Report (EIR), which was a hastily-compiled poorly-researched 24-page document.

From my perspective, there was a poor level of protection afforded to the Federal and State Threatened Pitcher’s Thistle (Cirsium pitcheri). As far as is known, Sargent Sand has no records of relocating this plant in proposed or active mining cells in its 100-year history of mining, although the Michigan Department of Natural Resources (MDNR) has known about plants on the property for more than 20 years. The MDNR and US Fish and Wildlife Service (USFWS) have been complicit in not adequately protecting this species, which has had minimal research into the success (or not) of transplanting individual plants. Young plants appear to transplant well, but long-term studies are not available. Older plants are much less likely to survive transplanting, as they depend on numerous minute root hairs to absorb moisture in a xeric habitat, and removal from a dune would strip-off most such root hairs. It requires about seven years for these plants to mature, so reproductive rates are slow.

Yep, it’s a fact of life – plants simply are not nearly as charismatic as animals, and consequently are treated as “second-class organisms” in the world of environmental protection. Sadly, the Michigan Department of Environmental Quality (MDEQ) just renewed the sand mining permit that allows Sargent Sand to “self-monitor” for this threatened species, and to “move plants” encountered in areas proposed for development. Does anyone really think a mining company will give two hoots about a thistle plant?!

Great Lakes Barrens Ecosystem

The rarity and value of Great Lakes Barrens (GLB) was not addressed when the 1979 EIR was written, though such ecosystems are clearly visible on aerial photographs of Sargent Sand Company property and surrounding LSP. These natural communities are known to be imperiled ecosystems at both the state and global levels. The Michigan Natural Features Inventory classifies “Great Lakes Barrens” – that include jack pine stands with associated xeric-loving shrubs and forbs – as S2 natural communities:

Imperiled in the state because of rarity due to very restricted range, very few occurrences, steep declines, or other factors making it very vulnerable to extirpation from the state. – Michigan Natural Features Inventory

Globally, Great Lakes Barrens have a similar designation. Consequently, mitigation measures must be strengthened and avoidance of impacts considered. Any Restoration Plan of such habitats must include high quality GLB plants such as buffaloberry (Shepherdia canadensis), bearberry (Arctostaphylos uva-ursi), ground juniper (Juniperus communis), sand cherry (Prunus pumila), sand-dune willow (Salix cordata), blueleaf willow (Salix myricoides), beach-heath (Hudsonia tomentosa), harebell (Campanula rotundifolia), white camas (Anticlea elegans), and wild wormwood (Artemisia campestris), among others.

Again, unfortunately the MDNR has not enforced strong protections against the destruction of Great Lakes Barrens. The “reclamation” of destroyed dunes and jack pine barrens for a mere “one-year period at 80 percent vegetative cover” comes nowhere close to a viable mitigation plan, as trees and shrubs impacted in such areas take decades to recover.

Furthermore, other state-listed plants, such as ram’s head lady-slipper orchid (Cypripedium arietinum) are known to be adjacent to Sargent Sand property but are not legally protected as they are only “Special Concern” species. Lastly, the Lake Huron locust (Trimerotropsis huroniana) is a state Threatened insect known to occur within Ludington State Park, and suitable “sparsely vegetated dune” habitat is common within Sargent Sand’s property. If you thought rare plants get little respect, try to protect a threatened grasshopper!

Great Lakes Barrens often include seasonal wetlands that are protected under Section 404 of the Clean Water Act of 1972, but which often lack surface waters much of the year. Not surprisingly, the 1979 EIR does not mention “wetlands” at all. At best, there is a comment that “There are three or four very small swamp areas on the property…”  However, a review of recent aerial photography indicates many Interdunal Wetlands remain within the northern half of Sargent Sand property. The largest of these appears to be at least 0.5 acre in size, and it is likely that several acres of such wetlands exist on the property.

Consequently, a formal Wetland Delineation is needed to determine the exact location and amount of Jurisdictional Wetlands on Sargent Sand property. Any impact to such wetlands requires mitigation measures that include avoidance, minimization, and/or wetland creation elsewhere within the watershed. Additionally, Interdunal Wetlands are ranked S2 Natural Communities by the State of Michigan, and have a rank of G2 globally. Both of these designations indicate these areas are “Imperiled,” so mitigation ratios should be high (e.g., 10:1 or 20:1).

Current Political Climate in Ludington

The current political leadership in Michigan, as well as the nation, has presented a formidable challenge for environmentalists and scientists. Additionally, the system certainly appears rigged when the agency – the MDEQ – that issues permits and permit renewals is also a lobbyist for the oil, gas, and minerals industry. Nevertheless, the battle to protect this natural heritage is a noble and vital one that will persist. As with every other sensitive and rare environmental resource, if no one scrutinizes the lax protection of our natural heritage, before you know it, it will be gone.

AG Pruitt testifies before a congressional committee on issues surrounding energy and the environment

“Polluting Pruitt:” A Wolf to Guard the Hen House?

Guest article by Dakota Raynes, Co-Organizer of Stop Fracking Payne County (OK)

President Trump recently tapped Oklahoma Attorney General Scott Pruitt to head the Environmental Protection Agency (EPA), even though Pruitt is a self-proclaimed “leading advocate against the EPA’s activist agenda.” Pruitt is currently opposing investigation of Exxon Mobile’s handling of climate-change science based on the belief that climate change science is not yet settled and “debate should be encouraged in classrooms, public forums, and the halls of Congress.” Senate confirmation hearings regarding Pruitt’s nomination are currently ongoing – many questions have focused on Pruitt’s legacy as AG of OK and what that tells us about actions he might take as head of the EPA.

Pruitt’s Past as AG

Elected in 2010, Pruitt’s six-year tenure illuminates the full extent of the troubling stances he takes. For instance, he has fought against the overturn of DOMA, same-sex marriage rights, granting legal status to undocumented immigrants, the Affordable Care Act, access to safe and affordable birth control and abortions, and Dodd-Frank Wall Street reform. These actions demonstrate Pruitt’s inability to accept or implement procedures, policies, and programs supported by a majority of US residents, members of the nations’ highest courts, and even his own colleagues.

A Focus on Environmental Issues

More specifically related to environmental issues, he has openly criticized the EPA in congressional hearings and op-ed pieces. Due to his belief that the EPA frequently abuses its authority, Pruitt’s office has filed 14 antiregulatory lawsuits against the EPA. Investigative reporters uncovered that in 13 of these cases co-litigators included companies that had contributed significant amounts of money to Pruitt and/or Pruitt-affiliated political action committees (PACs). He also routinely joins lawsuits against other states. For example, Pruitt and five other Attorneys General challenged a California law banning the sale of eggs laid by hens living in cramped conditions, but a US District Judge ruled they lacked legal standing because they were representing the economic interests of a few industrial egg producers rather than the interests of their broader constituents.

Several such lawsuits are still pending, which legal experts and others claim presents a conflict of interest should Pruitt become the new Director of the EPA. When asked specifically about this issue during Senate confirmation hearings, Pruitt refused to recuse himself from the lawsuits, saying he would leave such a decision up to the EPA’s legal counsel team. Notably, across the course of his six-years as AG, Pruitt’s office has distributed more than 700 news releases announcing the office’s actions, his speeches and public appearances, and efforts to challenge federal regulations. More than 50 of these releases promoted the office’s efforts to sue the EPA, but not once has a release described actions the office has taken to enforce environmental laws or to hold violators accountable for their actions.

Potential Conflicts of Interest

In OK, Pruitt has made many choices, that when viewed together, strongly suggest that his loyalties reside with the industries that have donated hundreds of thousands of dollars to his election campaigns rather than with the people he is sworn to protect. Here is a short list of the most troubling examples:

  • Pruitt’s predecessor had filed suit against Tyson, Cargill, and a number of other poultry producers in OK due to inappropriate disposal of an estimated 300,000 tons of animal waste per year, which was causing toxic algae blooms along the Illinois River. But shortly after his election, Pruitt dropped the case, citing a need for more research. Some have questioned whether his decision was impacted by the fact that the poultry industry had donated at least $40,000 to his campaign that year.
  • He also quickly dismantled the Attorney General’s in-house environmental protection unit, a team of four attorneys and a criminal investigator, and replaced it with the state’s first “federalism unit,” which was created to litigate against overreach by the federal government, mostly the EPA. Pruitt has repeatedly made it clear that he believes states should handle environmental issues, regardless of the fact that environmental issues frequently cause problems that cross geopolitical boundaries such as state lines (OK’s induced seismicity issue1 is a key example, more information about induced seismicity can be found here).
  • In 2013, he created a coalition of 9 Attorneys General, major energy CEOs, and their lawyers and brought them all to OK for a strategizing session regarding how to stop government and citizen responses to the ills of the oil and gas industry; it was an all-expenses paid event funded by Mercatus, a right-wing think tank favored by the Koch brothers.
    1. Notably, the energy industry is Pruitt’s second largest campaign contributor. When he came up for re-election in 2013, he chose Harold Hamm (CEO of Continental Resources, one of the largest oil companies in OK) to co-chair his campaign. Shortly after winning reelection in 2014, Pruitt joined forces with key industry players including Oklahoma Gas and Electric and the Domestic Energy Producers Alliance (chaired by Hamm) to file several antiregulatory lawsuits, which include attempts to block the Clean Power Plan and Waters of the US rule.
    2. Pruitt has also served as leader of the Republican Association of Attorneys General, which has collected at least $4.2 million in donations from fossil-fuel related companies since 2013.
  • Recently, local investigative reporters discovered that Pruitt’s office failed to follow a state law requiring state agencies to disclose spending on outside attorneys. Their examination illuminated that Pruitt has spent more than $1 million on legal fees since FY2012 – a total that does not include costs directly related to lawsuits against the EPA or the Affordable Care Act.

Induced-Seismicity and Wastewater Disposal

OK Map of Recent Earthquakes for Pruitt article

Map of Oklahoma Class II Injection Wells and Volumes 2011 to 2015 (Barrels). Click image to explore a full screen, dynamic map.

Oklahoma recently became the earthquake capital of the world due to a phenomenon referred to as injection-induced seismicity. While OK has not historically been known as a seismically active area, thousands of tremors have shaken the state since the shale gas boom began.

Several researchers have used geospatial analysis to demonstrate how these quakes are caused by the high-pressure injection of oil and gas industry wastes such as the flowback and produced water created by the unconventional oil and gas production process known as hydraulic fracturing. The map above shows where injection wells (tan dots) are located and where earthquakes (green dots) occurred from 2011-2015.

Oklahomans have been harmed by the implicitly pro-fracking stance Pruitt has taken, as evidenced by his lack of action regarding induced seismicity – as well as air, water, and soil contamination due to oil and gas industry activities. Several people, including Johnson Bridgewater (Director of OK Chapter of the Sierra Club) have noted that:

There are various places where the attorney general’s office could have stepped in to fix this overall problem…Its job is to protect citizens. Other states were proactive and took these issues on…[yet] Pruitt has been completely silent in the face of a major environmental problem for the state and its taxpayers.

Specifically, the AG’s office could have responded to the legal question of whether the state could limit or ban transport of fracking-related wastewater, sent by other states for disposal in underground injection wells in OK.

He also did nothing to address the phenomenally low earthquake insurance claim approval rate; after the 5.8M quake shook Pawnee in September of 2016, 274 earthquake damage claims were filed but only 4 paid out. Estimates of statewide approval rates generally suggest that approximately 1% of claimants receive funds to aid repairs.

Lastly, there are a number of class action lawsuits against a variety of industry actors regarding earthquake damages, yet Pruitt’s office has not entered any of these as an intervenor even though AGs in other states have done so.

Pruitt not at fault?

Photo Credit: JIM BECKEL/The Oklahoman

Earthquake damage. Photo Credit: Jim Beckel/The Oklahoman

Pruitt was recently called out by investigative reporters who used open-records requests to reveal that letters, briefs, and lawsuits that he submitted were written in whole or in part by leading energy firms such as Devon (another of OK’s largest oil and gas companies). Pruitt’s response was that he had done nothing wrong, nothing even potentially problematic. Rather, he said, of course he was working closely with industry and isn’t that what he should be doing. Some would argue that as AG what he should be doing is working closely with the people of Oklahoma, especially those whose homes, lives, and livelihoods have crumbled under the weight of attempting to repair earthquake damage due to industry activities.

Historical AG Influence

It is important to remember, though, that what’s happening with Pruitt is not isolated. Rather, as several long-time reporters have noted, increased attention to developing beneficial relationships with AGs is a result of historical processes.

About 20 years ago more than 40 state AGs banded together to challenge the tobacco industry, which led to a historic $206 billion settlement decision. Later, Microsoft, the pharmaceutical industry, and the financial services industry each faced similar multistate challenges regarding the legality or illegality of particular business practices.

As some AGs began hiring outside law firms to investigate and sue corporations, industry leaders realized that AGs’ actions were far more powerful and immediate than those of legislative bodies. So, they began a heretofore unprecedented campaign to massively increase their influence at this level.

Several people have critiqued the ways in which such actions undermine democratic processes, prompt troubling questions about ethics, and negatively impact attorney generals’ abilities to fulfill their duties to the state and its residents.

A Mission at Risk

Those of us on the frontlines here in OK have seen just how powerful such coalitions can be, how much sway they can have on local and state officials, how they destabilize people’s faith and trust in the systems that are supposed to protect them, and how coalitions undercut people’s hope and desire to be civically engaged. The mission of the US Environmental Protection Agency is to protect human health and the environment. If confirmed to lead the EPA, it is very likely Pruitt will prioritize his relationships with industry over the health and welfare of the people and environment he’s directed to protect.

Footnotes

  1. To learn more about induced seismicity read an exclusive FracTracker two-part series from former VTSO researcher Ariel Conn: Part I and Part II. Additionally, the USGS has created an Induced Earthquakes landing page as part of their Earthquake Hazards Program.