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Insights on Ohio’s massive fracking waste gap, Class II injection well activity, and fracking waste related legislation
The Falcon Ethane Pipeline System is at the center of major investigations into possible noncompliance with construction and public safety requirements and failing to report drilling mud spills, according to documents obtained from the Pennsylvania Department of Environmental Protection (PA DEP) by FracTracker Alliance. These investigations, which are yet to be released, also uncovered instances of alleged data falsification in construction reports and Shell Pipeline Company firing employees in retaliation for speaking up about these issues.
3/17/21 Press release: https://www.fractracker.org/falcon-investigation-press-release-fractraccker-alliance/
- Shell’s Falcon Pipeline, which is designed to carry ethane to the Shell ethane cracker in Beaver County, PA for plastic production, has been under investigation by federal and state agencies, since 2019. The construction of the pipeline is nearing completion.
- Allegations in these investigations include issues with the pipeline’s coating, falsified reports, and retaliation against workers who spoke about issues.
- Organizations are calling on public agencies to take action to protect public welfare and the environment along the entire pipeline route through Ohio, West Virginia, and Pennsylvania.
- These investigations reveal yet another example of the life-threatening risks brought on by the onslaught of pipeline construction in the Ohio River Valley in the wake in the fracking boom. They also reveal the failure of public agencies to protect us, as documents reveal the federal agency that oversees pipeline safety did not adequately respond to serious accusations brought to its attention by a whistleblower.
- These new concerns are coming to light as people across the country are demanding bold action on plastic pollution and the climate crisis through campaigns such as Build Back Fossil Free, Plastic Free President, and Future Beyond Shell. On a local level, residents in the Ohio River Valley continue to shoulder the health burdens of the fracking industry, despite a recent ban on fracking in the eastern part of Pennsylvania, which a growing body of scientific evidence verifies. The Falcon Pipeline, which would transport fracked gas for plastic production, is directly at odds with these demands.
Shell’s attempts to cut corners while constructing this 98-mile pipeline, likely motivated by the increasingly bleak economic prospects of this project, present serious public safety concerns for the thousands of residents along its route in Pennsylvania, West Virginia, and Ohio.
These allegations are serious enough to warrant immediate action. We’re calling on the Pipeline and Hazardous Materials Safety Administration (PHMSA) to thoroughly examine these allegations and suspend construction if not yet completed, or, in the case that construction is complete, operation of the Falcon Pipeline. Furthermore, we call on state environmental regulators to fully investigate construction incidents throughout the entire pipeline route, require Shell Pipeline to complete any necessary remediation, including funding independent drinking water testing, and take enforcement action to hold Shell accountable. Read our letters to these agencies here.
These investigations were featured in a March 17th article by Anya Litvak in the Pittsburgh Post-Gazette.
Pipeline workers speak out
According to documents obtained through a public records request, a whistleblower contacted PHMSA in 2019 with serious concerns about the Falcon, including that the pipeline may have been constructed with defective corrosion coating. PHMSA is a federal agency that regulates pipeline operation. The whistleblower also shared environmental threats occurring within the DEP’s jurisdiction, prompting the PA DEP and Pennsylvania Attorney General’s Office to get involved.
Many of the issues with the Falcon relate to a construction method used to install pipelines beneath sensitive areas like roads and rivers called horizontal directional drilling (HDD). Shell Pipeline contracted Ellingson Trenchless LLC to complete over 20 HDDs along the Falcon, including crossings beneath drinking water sources such as the Ohio River and its tributaries. FracTracker and DeSmog Blog previously reported on major drilling mud spills Shell caused while constructing HDDs and how public agencies have failed to regulate these incidents.
Falcon Pipeline Horizontal Directional Drilling locations and fluid losses
This map shows the Falcon Pipeline’s HDD crossings and spills of drilling fluid spills that occurred through 3/5/2020. To see the data sources, click on the information icon found in the upper right corner of the map header as well as under the map address bar.
View Map Full Sized | Updated 6/16/20
PHMSA’s incomplete investigation
Correspondence between the PA DEP and PHMSA from February 26, 2020 reveal the gravity of the situation. While PHMSA conducted an inquiry into the whistleblower’s complaints in 2019 and concluded there were no deficiencies, PA DEP Secretary Patrick McDonnell wrote that his agency felt it was incomplete and urged PHMSA to conduct a more thorough investigation. Secretary McDonnell noted the PA DEP “has received what appears to be credible information that sections of Shell’s Falcon Pipeline project in western PA, developed for the transportation of ethane liquid, may have been constructed with defective corrosion coating protection,” and that “corroded pipes pose a possible threat of product release, landslide, or even explosions.”
FracTracker submitted a Freedom of Information Act request with PHMSA asking for documents pertaining to this inquiry, and was directed to the agency’s publicly available enforcement action webpage. The page shows that PHMSA opened a case into the Falcon on July 16, 2020, five months after Secretary McDonnell sent the letter. PHMSA sent Shell Pipeline Company a Notice of Amendment citing several inadequacies with the Falcon’s construction, including:
- inadequate written standards for visual inspection of pipelines;
- inadequate written standards that address pipeline location as it pertains to proximity to buildings and private dwellings;
- compliance with written standards addressing what actions should be taken if coating damage is observed during horizontal directional drill pullback; and
- inadequate welding procedures
Shell responded with its amended procedures on July 27, 2020, and PHMSA closed the case on August 13, 2020.
Of note, PHMSA states it is basing this Notice on an inspection conducted between April 9th and 11th, 2019, when construction on the Falcon had only recently started. PHMSA has confirmed its investigation on the Falcon is ongoing, however we question the accuracy of self reported data given to PHMSA inspectors should be questioned
The PA DEP also brought the matter to the attention of the US Environmental Protection Agency.
Timeline of events in the Falcon investigation
April 9 - 11, 2019
April 9 - 11, 2019
Later in 2019
August 2, 2019
August 2, 2019
September 24, 2019
September 25, 2019
September 25, 2019
October 11, 2019
October 23, 2019
October 23, 2019
November 7, 2019:
January 28, 2020
January 28, 2020
February 26, 2020
July 16, 2020
July 16, 2020
August 13, 2020
September 4, 2020
September 4, 2020
Ohio and West Virginia
The Falcon pipeline also crosses through Ohio and briefly, West Virginia. While we do not know how these states are involved in these investigations, our past analyses raise concerns about the Ohio Environmental Protection Agency’s (OEPA) ability to regulate the pipeline’s HDD crossings.
One of the focuses of the Pennsylvania DEP’s investigation is the failure to report drilling fluid spills that occur while constructing a HDD crossing. The PA DEP shut down all HDD operations in November, 2019 and forced Shell to use monitors to calculate spills, as was stated in permit applications.
To our knowledge, the OEPA did not enforce this procedure, instead relying on workers to manually calculate and report spills. Shell’s failure to accurately self-report raises concerns about the safety of the Falcon’s HDD crossings in Ohio, including the crossing beneath the Ohio River, just upstream of drinking water intakes for Toronto and Steubenville, Ohio.
The Shell ethane cracker
The Falcon is connected to one of Shell’s most high-profile projects: a $6 billion to $10 billion plastic manufacturing plant, commonly referred to as the Shell ethane cracker, in Beaver County, Pennsylvania. These massive projects represent the oil and gas industry’s far-fetched dream of a new age of manufacturing in the region that would revolve around converting fracked gas into plastic, much of which would be exported overseas.
Many in the Ohio River Valley have raised serious concerns over the public health implications of a petrochemical buildout. The United States’ current petrochemical hub is in the Gulf Coast, including a stretch of Louisiana known colloquially as “Cancer Alley” because of the high risk of cancer from industrial pollution.
Construction of the ethane cracker and the Falcon pipeline have forged forward during the COVID-19 pandemic. In another example of the culture of fear at the worksite, several workers expressed concern that speaking publicly about unsafe working conditions that made social distancing impossible would cost them their jobs. Yet the state has allowed work to continue on at the plant, going so far as to grant Shell the approval to continue work without the waiver most businesses had to obtain. As of December 2020, over 274 Shell workers had contracted the coronavirus.
Weak outlook for Shell’s investment
While the oil and gas industry had initially planned several ethane crackers for the region, all companies except for Shell have pulled out or put their plans on hold, likely due to the industry’s weak financial outlook.
A June 2020 report by the Institute for Energy Economics and Financial Analysis (IEEFA), stated that:
Royal Dutch Shell owes a more complete explanation to shareholders and the people of Pennsylvania of how it is managing risk. Shell remains optimistic regarding the prospects for its Pennsylvania Petrochemical Complex in Beaver County, Penn. The complex, which is expected to open in 2021 or 2022, is part of a larger planned buildout of plastics capacity in the Ohio River Valley and the U.S. IEEFA concludes that the current risk profile indicates the complex will open to market conditions that are more challenging than when the project was planned. The complex is likely to be less profitable than expected and face an extended period of financial distress.
Many of Pennsylvania’s elected officials have gone to great lengths to support this project. The Corbett administration enticed Shell to build this plastic factory in Pennsylvania by offering Shell a tax break for each barrel of fracked gas it buys from companies in the state and converts to plastic (valued at $66 million each year). The state declared the construction site a Keystone Opportunity Zone, giving Shell a 15-year exemption from state and local taxes. In exchange, Shell had to provide at least 2,500 temporary construction jobs and invest $1 billion in the state, giving the company an incredible amount of power to decide where resources are allocated in Pennsylvania.
Would the state have asked Shell for more than 2,500 construction jobs if it knew these jobs could be taken away when workers spoke out against life-threatening conditions? Will the politicians who have hailed oil and gas as the only job creator in the region care when workers are forced to hide their identity when communicating with public agencies?
States fail to regulate the oil and gas industry
The PA DEP appears to have played a key role in calling for this investigation, yet the agency itself was recently at the center of a different investigation led by Pennsylvania Attorney General Josh Shapiro. The resulting Investigating Grand Jury Report revealed systematic failure by the PA DEP and the state’s Department of Health to regulate the unconventional oil and gas industry. One of the failures was that the Department seldom referred environmental crimes to the Attorney General’s Office, which must occur before the Office has the authority to prosecute.
The Office of Attorney General is involved in this investigation, which the PA DEP is referring to as noncriminal.
The Grand Jury Report also cited concerns about “the revolving door” that shuffled PA DEP employees into higher-paying jobs in the oil and gas industry. The report cited examples of PA DEP employees skirting regulations to perform special favors for companies they wished to be hired by. The watchdog research organization Little Sis listed 47 fracking regulators in Pennsylvania that have moved back and forth between the energy industry, including Shell’s Government Relations Advisor, John Hines.
National attention on pipelines and climate
The Falcon Pipeline sits empty as people across the nation are amping up pressure on President Biden to pursue bold action in pursuit of environmental justice and a just transition to clean energy. Following Biden’s cancellation of the Keystone XL pipeline, Indigenous leaders are calling for him to shut down other projects including Enbridge Line 3 and the Dakota Access Pipeline.
Over a hundred groups representing millions of people have signed on to the Build Back Fossil Free campaign, imploring Biden to create new jobs through climate mobilization. Americans are also pushing Biden to be a Plastic Free President and take immediate action to address plastic pollution by suspending and denying permits for new projects like the Shell ethane cracker that convert fracked gas into plastic.
If brought online, the Falcon pipeline and Shell ethane cracker will lock in decades of more fracking, greenhouse gasses, dangerous pollution, and single-use plastic production.
Just as concerning, Shell will need to tighten its parasitic grip on the state’s economic and legislative landscape to keep this plant running. Current economic and political conditions are not favorable for the Shell ethane cracker: financial analysts report that its profits will be significantly less than originally presented. If the plant is brought online, Shell’s lobbyists and public relations firms will be using every tactic to create conditions that support Shell’s bottom line, not the well-being of residents in the Ohio River Valley. Politicians will be encouraged to pass more preemptive laws to block bans on plastic bags and straws to keep up demand for the ethane cracker’s product. Lobbyists will continue pushing for legislation that imposes harsh fines and felony charges on people who protest oil and gas infrastructure, while oil and gas companies continue to fund police foundations. Shell will ensure that Pennsylvania keeps extracting fossil fuels to feed its ethane cracker.
The Falcon pipeline is at odds with global demands to address plastic and climate crises. As these new documents reveal, it also poses immediate threats to residents along its route. While we’re eager for more information from state and federal agencies to understand the details of this investigation, it’s clear that there is no safe way forward with the Falcon Pipeline.
Royal Dutch Shell has been exerting control over people through the extraction of their natural resources ever since it began drilling for oil in Dutch and British colonies in the 19th Century. What will it take to end its reign?
References & Where to Learn More
- FracTracker Petrochemicals & Plastics articles and imagery: https://www.fractracker.org/categories/by-content/petrochemicals/
- FracTracker Falcon EIA webpage: https://www.fractracker.org/projects/falcon-public-eia/
- FracTracker June 16, 2020 article Falcon Pipeline Construction Releases over 250,000 Gallons of Drilling Fluid in Pennsylvania and Ohio
- Future Beyond Shell Campaign: https://futurebeyondshell.org/ (see this campaign’s social media toolkit here)
Topics in this Article
For the past four decades, groups of Alaska Natives including the Gwich’in and Iñupiat, international institutions including the United Nations and the Inter-American Commission on Human Rights, the US government, the state of Alaska, and environmental groups have debated whether or not oil extraction should be allowed in the Arctic National Wildlife Refuge (ANWR).
Made up of 19.3 million acres in northeastern Alaska, ANWR is an area with great cultural significance and ecological richness. Fossil fuel extraction poses significant material, reputational, and human rights risks according to the Gwich’in Steering Committee, a group formed in 1988 in response to proposals to drill for oil in the coastal plain of ANWR, or what they call the Sacred Place Where All Life Begins, Iizhik Gwats’an Gwandaii Goodlit.
In the past few months, the Trump administration issued nine leases, the first ever in the Arctic refuge’s coastal plain, even as major oil companies skipped out on bidding in the area and all major U.S. and Canadian banks pledged not to fund fossil fuel development in the Refuge. The sale was a major flop, which points to the larger movement away from fossil fuels, an inevitable transition reinforced by President Joe Biden’s 60-day moratorium on oil and gas leasing on federal lands.
But despite efforts to protect ANWR, leases that went through under the Trump administration threaten to further violate human rights and damage wildlife.
The great risk of ecological devastation from oil & gas exploitation
Described as “North America’s Serengeti,” ANWR is the continent’s most intact and remote wilderness environment, a landscape of fragile tundra ecosystems and diverse wildlife. The Refuge is home to more than 40 fish and mammal species and over 200 bird species. Though harsh, the landscape exists in a delicate balance. Specially-adapted plant species thrive during long winters and short growing seasons, supporting annual wildlife migrations and hibernations, ecosystem functions, and a wealth of natural resources.
Of particular significance is Area 1002, mapped in Figure 2 below. The 1.5-million-acre area site within ANWR sits between the north slope of the Brooks Range in Alaska and the Beaufort Sea, and is the summer calving and feeding site of the Porcupine caribou, and a site sacred to the Gwich’in Tribe.
The Porcupine caribou herd has travelled the 1,500-mile trek, the longest documented terrestrial mammal migration in the world, to gather there for at least the past 23,000 years.
The herd is one of the area’s keystone species (i.e., if it were removed from the ecosystem, the landscape’s functional integrity would suffer and drastically change). The 125,000-strong herd plays a key ecological and cultural role in the Refuge, and the distribution and health of the herd is a direct indicator of the health of the entire ecosystem. Their annual journey provides them with good forage and relief from predators and mosquitos.
Oil and gas development could interfere with the Caribou herd’s migrations as industrial disturbances discourage the instinctual movements of pregnant and nursing caribou mothers – especially problematic given their slow reproductive rate – and could diminish the population.
Oil & Gas in ANWR
ANWR is also the site of oil fields, estimated by the US Geologic Survey in 2001 to contain between 11.6 to 31.5 billion barrels of oil (BBO) versus the 1987 estimate of 4.8 to 29.4 BBO, (95- and 5-percent probabilities) and mean values are 20.7 BBO versus 13.8 BBO (current assessment compared to 1998 assessment). and natural gas liquids (NGLs).
Opponents of drilling in the Arctic – including Indigenous groups, environmental organizations, and scientists – say these figures are outdated and that environmental and public health risks far outweigh any revenue. Proponents claim drilling here would significantly reduce prices and US foreign oil dependence, but such assertions are highly suspect. Market projections have shown that oil and gas exploration and production in ANWR’s North Slope would not increase US energy security or lower gas prices. Resource uncertainty and decreasing demand for fossil fuels nationally reveal a market that lures fewer and fewer investors.
Alaskan Native communities in the North Slope
For millennia, the northern Alaskan alpine tundra has been home to Native communities – including the Gwich’in, Hare, Iñupiaq, and Koyukon, who have a legacy of living sustainably in this complex, fragile, and sometimes very demanding, environment (see Figure 1). The health and wellbeing of these communities is intricately tied to the health of the environment surrounding them.
Along Alaska’s coast, outside of ANWR between Prudhoe Bay and Barrow (Utqiagvik) where oil and gas extraction is happening already, the current environmental damage from oil and gas extraction is undeniable. Extractive activities have disconnected wildlife corridors and negatively affected subsistence hunting, and the local tourism industry oriented around polar bear and whale viewing opportunities has suffered.
Though the issue has divided Alaskan communities, all those living in and around ANWR will likely face challenges borne of further oil and gas development.
Alaska’s Native peoples have led a decades-long fight to protect the area from unsustainable oil and gas development. This industry brought jobs, but introduced significant change to the way of life on the North Slope of the Athabaskan Gwazhał (Brook’s Mountain Range). Corporate profit has, in some locations, superseded the rights for health and safety of the Native people of this region.
Language Groups and Natural Features of the North Slope of Alaska
This map shows the Arctic National Wildlife Refuge in the context of oil fields; Native Alaskan language groups in Alaska and eastward into Canada; along with the habitats of the Central Arctic, Western Arctic, and Porcupine caribou herd — a species held sacred by the Gwich’in people. Please note that the Native Alaskan language group territories should be interpreted somewhat loosely, as it’s difficult to estimate the precise location and distinction between groups. See Figure 2 for a detailed map of the oil fields.
Figure 1: Language groups and natural features of the North Slope of Alaska, FracTracker Alliance, January 2021. Language boundaries were taken from the Alaskan Native Language Center, and data from Alaska DCRA Data. Boundaries of these caribou herds are fluid, and may change from year to year. Caribou herd boundaries digitized by FracTracker from compiled images compiled from U.S. Fish and Wildlife Service, Western Arctic Caribou Herd Working Group, and Wikipedia. Oil and gas area boundaries digitized by FracTracker from compiled images from North Slope Borough: Department of Planning & Community Services, and the U.S. Geological Survey (USGS). Alaska ecoregions (including Coastal Plain) from USGS (link is a direct data download).
Trump’s Last-Minute Leasing in ANWR
But pressure from drilling opponents – including Alaskan Natives, environmental activists, and scientists – a global recession, low oil prices, and waning faith and interest in the oil and gas sector curbed expected lease sales. Major oil companies chose to forego the auction – a sale that US banks (and some Canadian institutions) refused to bankroll. The auction received only three bidders – one of which was the State of Alaska – and generated only a fraction of the revenue it was projected to raise. Half of the parcels drew no bidders at all.
Results of the January 2021 oil & gas lease sale in Area 1002
This map shows parcels purchased by three entities during the January 6, 2021 lease sale in Area 1002, a site of particular cultural and ecological importance within ANWR.
Figure 2: Results of the January 6, 2021 oil and gas lease sale in Area 1002, FracTracker Alliance, January 2021. Data layer for oil and gas lease area digitized by Karen Edelstein using a Bureau of Land Management map.
Despite the lukewarm response, the BLM received 13 bids on 11 lease tracts (symbolized in Figure 2, above, with diagonal red lines). This area spans 437,804 acres, is valued at a little over 14.4 million dollars and is estimated to contain eight billion barrels of recoverable oil.
Knik Arm Services and Regenerate Alaska each secured one parcel. Half of the sale’s revenue will go to the federal government, and half will go to the State of Alaska. The leases auctioned off are renewable and active for ten years. The BLM announced on January 19 that it signed and issued leases on nine of the 11 tracts. View the record of lease sales here.
40 Year Timeline Leading to the Recent Auction
The Trump Administration’s leasing decision followed 40 years of gridlock over oil and gas exploration and drilling in one of the nation’s most pristine environments. The timeline below outlines major developments in the struggle to protect ANWR:
1960: President Dwight Eisenhower establishes an 8.9-million-acre expanse in Alaska’s tundra as the nation’s first ecosystem-scale conservation area, specifically for its “unique wildlife, wilderness, and recreational values.”
1972: The Arctic Slope Regional Corporation (ASRC) was recognized under the Alaska Native Claims Settlement Act, which transferred 44 million acres to Indigenous control and instigated the creation of 12 regional, private, for-profit companies intended to represent and protect Indigenous business interests and their ownership of the land and its resources.
1977: Margaret Murie, American naturalist, author, adventurer, and conservationist and recipient of the Presidential Medal of Freedom stood before Congress on behalf of the Arctic National Wildlife Refuge, testifying to why we must defend our last wild places.
1980: President Jimmy Carter signs into law the Alaska National Interest Lands Conservation Act (ANICLA), which expands the protected area to 19.3 million acres and renames it the Arctic National Wildlife Refuge (ANWR). The Act mandates that potential oil reserves in the 1.5-million-acre Coastal Plain be considered for development only with Congress’ authorization.
1987: Under President Ronald Reagan, an Environmental Impact Statement (EIS) for ANWR’s oil and gas exploration is drafted, and the US Department of Interior recommends Congress open the Coastal Plain for exploration.
2002 – 2003: During President George W. Bush’s Administration, the House repeatedly approves drilling in ANWR – only to be met with the Senate’s rejection.
2012: The Gwich’in people present and defend a Resolution to Protect the Birthplace and Nursery Grounds of the Porcupine Caribou Herd to Congress and the President. The Resolution recognizes and affirms their right to continue and protect their way of life and the protection of the caribou they revere and depend on.
2015: President Barack Obama’s Administration releases the U.S. Fish & Wildlife Service’s Comprehensive Conservation Plan for ANWR, calling for core areas – including the Coastal Plain – to be designated as wilderness, the highest level of protection for public lands.
2017: Following House instructions, the Senate Energy & Natural Resources Committee legislates $1 billion in revenue creation between 2018 – 2027, and to that end, passes an ANWR drilling provision. President Donald Trump signs the bill into law through the Tax Cuts & Jobs Act, which makes several significant changes to individual income tax and — notably – mandates energy and job creation and economic growth for future generations, through which the Trump Administration and Republican lawmakers advance fossil fuel industry expansion. The law includes the ANWR lease provision as a way to generate revenue to offset the associated tax cuts, in turn opening up the Coastal Plain to drilling.
April, 2018: Gwich’in Council International (GCI) publishes Impact Assessment in the Arctic: Emerging Practices of Indigenous-led Review, identifying the strategic approaches Indigenous governments are taking as they lead their own major project assessment.
“Gwich’in Council International (GCI) represents 9,000 Gwich’in in the Northwest Territories (NWT), Yukon, and Alaska as a Permanent Participant in the Arctic Council; the only international organization where Indigenous peoples have a seat at the decision-making table alongside national governments. GCI supports Gwich’in by amplifying our voice on sustainable development and the environment at the international level to support resilient and healthy communities.”
December, 2018: The Trump administration’s Bureau of Land Management (BLM) released a draft environmental impact statement (DEIS) for oil and gas leasing in ANWR. Many opposed the DEIS as a violation of indigenous rights. The Center for American Progress analyzed public opinion concerning drilling in the refuge and found that an overwhelmingly majority opposed to drilling the refuge. Of the 1 million comments submitted in response to the draft EIS, 99 percent opposed the proposed oil and gas activity.
March 26, 2019: Gwich’in leaders from across the United States and Canada were joined by faith leaders, scientists, and veterans to stand before Congress and testify on behalf of the Arctic National Wildlife Refuge and its coastal plain, and to support passage of The Arctic Cultural and Coastal Plain Protection Act. Witnesses included Ms. Bernadette Demientieff, Executive Director, Gwich’in Steering Committee; The Honorable Galen GilbertChief, Arctic Village Council; The Honorable Dana Tizya-Tramm, Chief, Vuntut Gwitchin First Nation; The Honorable Victor Joseph, Chief/Chairman, Tanana Chiefs Conferece; Mr. Sam Alexander, Board Member, Gwich’in Council International; Mr. Fenton Rexford, Advisor to the Mayor of the North Slope Borough, Tribal Member, Native Village of Kaktovik; Rev. Mark Lattime, Bishop of Alaska, The Episcopal Church; Dr. Steven Amstrup, Chief Scientist, Polar Bears International; Mr. Chad Brown, Founder, Soul River, Inc.; Mr. Richard Glenn, Executive Vice President, External Affairs, Arctic Slope Regional Corporation; Mr. Matthew Rexford, Tribal Adminisrator, Native Village of Kaktovik.
October 2019: The Gwich’in Steering Committee, Cultural Survival, Land is Life, First Peoples Worldwide, and the American Indian Law Clinic at the University of Colorado submitted a report to the the United Nations Human Rights Council. In the report, “Observations on the State of Indigenous Human Rights in the United States of America,” groups state that “The government of the United States has repeatedly failed to protect the human rights of the Gwich’in by aggressively pursuing oil and gas development in the Coastal Plain of the Arctic National Wildlife Refuge without first obtaining the Free, Prior and Informed Consent of the Gwich’in Nation.”
September 2020: Fifteen states sue the Trump Administration over drilling in ANWR, and two more lawsuits from environmental and social justice organizations and Indigenous groups assert that oil operations would violate the rights of Indigenous populations and threaten the landscape and wildlife it sustains. BLM withdraws approximately 460,000 acres from the plan after extensive comment and protest from Alaskan Natives, environmental nonprofit organizations, and the Canadian government, though the majority of the leases remain on the table.
In the same month, the U.S. Department of the Interior (DOI) released the Final Environmental Impact Statement (EIS) for the Coastal Plain Oil and Gas Leasing Program. Its release was a clear suppression of science and public opinion.
U.S. Secretary of the Interior David Bernhardt made the following dubious claims: “Affordable energy and great paying energy jobs help power our nation’s economy, which is clearly thriving under President Trump’s policies,” stated. After rigorous review, robust public comment, and a consideration of a range of alternatives, today’s announcement is a big step to carry out the clear mandate we received from Congress to develop and implement a leasing program for the Coastal Plain, a program the people of Alaska have been seeking for over 40 years.”
December 2020: The Gwich’in Steering Committee, including Tribal Governments and Village Councils, and more than a dozen conservation groups seek a temporary restraining order and preliminary injunction prohibiting Trump from approving and issuing oil and gas leases along the Coastal Plain. The filing asserts that it is well-known and documented that seismic exploration would cause irreparable harm to the landscape, its biodiversity, and its people, as well as their tribal archaeological and cultural resources – negative impacts that go beyond the lease tracts granted to purchasers, because it promises rights-of-way and easements that breach parcel boundaries.
January 5, 2021: The day before the lease auction, an Alaskan judge denies the lawsuit from Indigenous and environmental groups arguing that the lease sales were based on inadequate, outdated environmental review. The judge claims the group didn’t provide enough evidence of environmental transgressions to warrant an injunction.
“This is bum news but it’s not going to stop us from fighting to protect it,” said Bernadette Demientieff, chair of the Gwich’in Steering Committee that brought the lawsuit. “This is sacred land to the Gwich’in. This is our way of life, and we’re not going to just allow anyone to come in and destroy our way of life, because our children are going to be the ones who have to live with the destruction that they caused.”
January 6, 2021: President Trump opens up the lease sale in a public auction hosted and streamed live on the BLM website.
January 19, 2021: On their last full day in office, the Trump Administration announces it had officially issued oil and gas leases in ANWR. The outgoing administration also tried to push through a law requiring banks to finance many industries, including oil and gas companies and assault weapons manufacturers, that major institutions – counting JP Morgan Chase and Goldman Sachs – announced they would no longer finance.
January 20, 2021: President Joe Biden signed 17 executive orders his first day in office – 30 in the first three days – that reverse several of his predecessor’s environmentally-damaging policies . Biden directed the Secretary of the Interior to “place a temporary moratorium on all activities of the Federal Government relating to the implementation of the Coastal Plain Oil and Gas Leasing Program, as established by the Record of Decision signed August 17, 2020, in the Arctic National Wildlife Refuge. The Secretary shall review the program and, as appropriate and consistent with applicable law, conduct a new, comprehensive analysis of the potential environmental impacts of the oil and gas program.”
Subsequently, the Department of the Interior issued Secretarial Order No. 3395, implementing a 60-day suspension of new oil and gas leasing and drilling permits for federal land and water.
On the same day, one of the preexisting lease holders, 88 Energy, published an update related to its operations on the North Slope of Alaska, stating plans to extract oil from the Coastal Plain by drilling directionally into the land from state land.
The Gwich’in Steering Committee released the following statement in response: “The Gwich’in Steering Committee opposes all forms of development and calls on Regenerate Alaska and its parent company, 88 Energy, to halt its plans.”
January 27, 2021: Biden issues a pause on oil and gas leasing in non-tribal federal lands and offshore waters, which lengthened the 60-day moratorium issued the week prior. He also ordered the creation of an interagency working group to prioritize economic revitalization of communities dependent on fossil fuels, and to focus on transitioning these workers to cleaner energy industries.
“We’re not going to lose jobs; we’re going to create jobs,” Biden said in his remarks about this executive order. Republicans criticized this move, saying it will eliminate jobs and hurt US businesses, but Biden’s order didn’t apply to all permitting. He added, “We’re not going to ban fracking,” a point he emphasized in his 2020 presidential campaign.
Did we miss anything? Let us know if you have important milestones to add to the timeline above!
The future of ANWR
Despite his plan to temporarily halt oil and gas leasing, Biden has approved at least 31 drilling permits since his inauguration. The Department of the Interior – whose top officials Biden put in charge of oil permitting decisions – states that the order, set to expire March 20, does not equate to a drilling permit freeze and does not apply to tribal lands. However, energy companies are still worried they may not be able to secure permits.
There are a few tactics that Biden can use to delay oil and gas exploration in ANWR, including reopening the Department of Interior’s record of decision (ROD), instituting a bid rejection, or delaying permits that companies need to search for oil and build infrastructure – though it is possible that companies could secure their leases and just wait for the administration to change (in their favor).
But if Biden wants to stick to his plan for a “just energy transition,” and advance his environmental justice, racial equity, and job creation priorities, he has to listen to Alaskan Natives and integrate their interests moving forward. Their input and right to manage their lands must be prioritized.
“We are eager to hear the Biden administration’s plan to replace the economy that it’s brought to a standstill, and look forward to working side-by-side with the President to create new, sustainable solutions,” said Voice of the Arctic Iñupiat (VOICE) President Sayers Tuzroyluk.
Voice of the Arctic Iñupiat is a nonprofit organization and communication network working across North Slope communities to address and participate in legislation, regulations, and government programs to protect their culture, and to ensure natural resource development in a safe and responsible manner.
Biden will also need to prioritize fossil fuel industry workers whose livelihoods are uncertain from his extended moratorium – for people in ANWR, and in other US communities.
Regulatory actions to open ANWR for drilling in ANWR have significant and potentially grievous implications for Alaska’s Native peoples, and do not bode well for Alaska’s air, water, and landscape, and the biodiverse species such as the Porcupine caribou that call it home.
Increased fossil fuel activity will also continue to alter the landscape and hinder its function by disconnecting migration and breeding habitat, disturbing and/or displacing animal populations, threatening their survival, and destroying the delicate ecological balance of the Coastal Plain.
However this issue is resolved, the rights of Alaskan Natives should be foremost in future decision-making and is of utmost importance to the future of their epic lands. Following their leadership, there’s hope that the solution will be equitable for both people and the environment
References & Where to Learn More
Gwich’in Steering Committee – The Gwich’in Steering Committee was formed in 1988 in response to proposals to drill for oil in the Sacred Place Where Life Begins, the coastal plain of the Arctic National Wildlife Refuge.
The Gwich’in Place Name and Story Atlas is an interactive Story Map that invites visitors to explore the culture, history, traditional knowledge, and land use of the Gwich’in through Gwich’in place names. The Atlas is the result of more than two decades of collaboration between the Gwich’in Social and Cultural Institute, Gwich’in Elders, and traditional land users living in the Gwich’in Settlement Region communities of Aklavik, Fort McPherson, Inuvik and Tsiigehtchic.
The Gwich’in Elders’ Biographies Research Project is a project of the Gwich’in Social & Cultural Institute’s Department of Cultural Heritage. Researchers interviewed 24 elders from the four Gwich’in communities, and collected their life histories. Many of the elders describe a very traditional lifestyle of moving seasonally on the land, being the last generation to live in this traditional manner. Their stories communicate their love and knowledge of the land, and speak to the importance of family ties, place names, legends, and historical events. They also offer snapshots of the sweeping changes the Gwich’in experienced in the 20th century.
The Right to be Cold is Sheila Watt-Cloutier’s memoir of growing up in Quebec’s Arctic on the front lines of climate change. “It is the story of an Inuk woman finding her place in the world, only to find her native land giving way to the inexorable warming of the planet.” She became one of the most influential Indigenous environmental, cultural, and human rights advocates in the world. She served as the elected Canadian president of the Inuit Circumpolar Council from 1995 to 2002, and in 2002 she was elected its international chair. She launched the world’s first international legal action on climate change through a petition to the Inter-American Commission on Human Rights.
Saqiyuq: Stories from the Lives of Three Inuit Women by Nancy Wachowich, Apphia Agalakti Awa, Rhoda Kaukjak Katsak and Sandra Pikujak Katsak offers a collection of stories from a grandmother, daughter, and granddaughter from the Baffin Island community of Pond Inlet, Nunavut. Saqiyuq is the Inuktitut word for ‘a strong wind that suddenly shifts direction.’ Their stories illustrate the shift in Inuit life from nomadic subsistence hunting to permanent settlement in communities, and offer insight into the “enforced acculturation of the Inuit and the imposition of religious and cultural values useless to Inuit culture.”
A Moral Choice: The Human Rights Implications for the Gwich’in of Drilling in the Arctic National Wildlife Refuge by the Gwich’in Steering Committee, 2005.
Alaskan Natives https://www.alaskan-natives.com/
The Northern Alaska Environmental Center https://northern.org/
The Arctic Institute https://www.thearcticinstitute.org/topics/climate-and-environment/
The Arctic Council https://arctic-council.org/en/news/environment-and-climate/
Topics in this Article
This article focuses on the city of Arvin as an example to show how some Frontline Communities in California are completely surrounded by an unrelenting barrage of carcinogenic and toxic air pollutants from oil and gas wells. Kern County’s proposed environmental impact report (EIR) would streamline the approval of an additional 67,000 new oil and gas wells in the County and thus further degrade air quality. We provide several recommendations for how local and state decision-makers can better protect public health from these serious threats.
Upstream greenhouse-gas and volatile organic compound (VOC) emissions from oil and gas extraction have been drastically under-reported throughout the United States, and California’s emissions regulations for oil and gas production wells are not comprehensive enough to protect Frontline Communities. The contribution of VOCs from the oil and gas extraction sector is responsible for California’s central valley and Kern County communities being exposed to the worst air quality in the country. As carcinogens, air toxics, and precursors to ozone, VOC’s present a myriad of health threats.
The contribution of VOCs from the well-sites in Kern, in addition to the cumulative burden of the Central Valley’s degraded air quality, puts Kern residents at considerable risk. Obvious loopholes in the California Air Resources Board’s oil and gas rule must be addressed immediately, and revised to prevent the cumulative impact of multiple exposure sources from causing additional documented negative health impacts. Additionally Kern County’s proposed environmental impact report (EIR) would streamline the approval of an additional 67,000 new oil and gas wells in the County and thus further degrade air quality. It is crucial that the EIR is instead revised to eliminate extraction near sensitive populations. (For more details on this proposal, see our more in depth environmental justice analysis of Kern County and our article on the proposed EIR.)
In support of establishing new public health rules that protect Frontline Communities, Earthwork’s Community Empowerment Project, in collaboration with the Central California Environmental Justice Network and FracTracker Alliance, has focused on documenting the uncontrolled emissions from extraction sites within and surrounding the small city of Arvin, California. Using infrared cameras with state of the art optical gas imaging (OGI) technology, the team documented major leaks at multiple well-sites. Footage from Arvin spans the years from 2016-2020. A collection of this footage has been compiled into the interactive story map that follows.
Toxic Emissions Filmed at Oil and Gas Wells in Arvin, CA
This StoryMap explores how current California regulations fail to stop emissions from tanks on oil and gas well-sites by looking at examples of emissions from well-sites in Arvin, California. Place your cursor over the image and scroll down to advance the StoryMap and explore a series of maps charting the fracking-for-plastic system. Click on the icon in the bottom left to view the legend.
View Full Sized Map | Updated 3/4/21
The cases of uncontrolled emissions in the story map provides just an example of the inventory of uncontrolled emissions sources in Kern County, and California at large. Finding and filming emissions sources while using OGI cameras in California is not at all uncommon, otherwise there would not be seven prime examples just in the City of Arvin. Prior to 2018, emissions from these well-sites went completely unregulated. While the California oil and gas rule (COGR) was developed to address greenhouse gas emissions from small sources, certain aspects of the rule are not being enforced by the local air districts. Rather than requiring tanks to have closed evaporation systems the air districts allow operators to set pressure/vacuum hatches to open and emit toxic and carcinogenic vapors when pressure builds inside tanks. While this is a safety mechanism on tanks, in practice it allows tanks to be consistent sources of exposure that put neighboring communities at risk. Specifically, California Code of Regulations, Title 17, Division 3, Chapter 1, Subchapter 10 Climate Change, Article 4, § 95669, Leak Detection and Repair, Paragraph I states that “Hatches shall remain closed at all times except during sampling, adding process material, or attended maintenance operations.”
Degraded Air Quality
New research from Harvard, Berkeley and Stanford has shown that living near oil and gas drilling and extraction exposes Frontline Communities to emissions of VOC’s and ozone that put them at risk for a variety of health impacts. Researchers at Stanford have linked proximity and density of oil and gas wells to preterm birth for pregnant mothers (Gonzalez et al. 2020), even at large distances. Similar research from UC Berkeley showed mothers living near oil and gas drilling and extraction are also at risk of birthing infants with low birth weight (Tran et al. 2020). The study found pregnant people who lived within 0.62 miles (1 kilometer) of the highest producing wells were 40% more likely to have low birth weight babies and 20% more likely to have babies who were small for their gestational age compared to people living farther away from wells or near inactive wells only. Most recently, new research from Harvard University shows that even very low ambient levels of ozone, particulate matter (PM2.5), and nitrogen dioxide increased hospitalizations for cardiac and respiratory conditions (Wang et al. 2021). These are the primary and secondary pollutants emitted from oil and gas extraction sites and also result from burning fossil fuels. The magnitude of the impact on public health is also much larger than previously considered. Another article recently published by researchers at Harvard shows that fossil fuel air pollution is responsible for 18% of total deaths, worldwide (Vohra, et al. 2021).
While the COGR rule is a step in the right direction to reduce emissions, oil and gas’s legacy of degradation to ambient air quality has placed the Central Valley in the worst categories for these pollutants in the country. This puts Kern residents at considerable risk. The local health department continues to report improved conditions and increased numbers of healthy air days, but the truth is the mean, median and maximum values of ozone concentrations at US EPA monitoring locations in Kern County have remained relatively constant at harmful levels from 2015-2019. Expanding the data to 2020 shows a two sharp decreases in ambient levels of pollutants that correspond to decreases in reported production volumes for the county. The first decrease in 2016 corresponds to a drop in production following the institution of State Bill requirements for fracking permits. The decrease in 2020 is a result of the slowed production and burning of fossil fuels related to the Covid-19 Pandemic, as shown below in Figure 1.
Figure 1. Plot of annual Maximum 1 hour Ozone concentrations at all monitoring locations in western Kern County. Ozone concentrations are presented in parts per million. Annual trends in ambient concentrations of ozone. Note the decrease in concentrations in 2016 and in 2020. Both events correlate to decreases in production.
Using the U.S. EPA’s AirData mapping portal, air quality data for Kern County was exported, compiled and plotted to show trends over time. Above in Figure 1, annual ambient concentrations of ozone are shown. The trends of ambient concentrations follow similar trends in the spatial and temporal distribution of CalGEM reported production volumes. FracTracker Alliance is conducting more thorough analyses of these correlations, so stay tuned for future reports.
The locations of these monitoring locations are shown below in the map in Figure 2. Note that there are not any monitors in northwestern Kern, near large oil fields including North Belridge and Lost Hills. The communities near these fields, such as the City of Lost Hills are predominantly Latinx with elevated levels of linguistic isolation and poverty.
Figure 2. Map of Air Quality Monitors in Kern County.
Permitting new oil and gas wells in Kern County is certain to degrade the already harmful local and regional ambient air quality of the Central Valley. Kern County’s proposed EIR, as it stands will streamline an additional 67,000 sources of VOCs to the inventory of emissions already impacting communities. The health impacts from concentrations of ozone are well established, and the release of VOCs are major risk driver for communities living closest to oil and gas extraction operations as well as for regional public health. Together, these primary and secondary pollutants create a major risk driver for Kern County communities. Globally, these emissions are responsible for upwards of 8 million premature deaths annually. The burden on Frontline Communities in Kern County is likely much higher, and will only grow if the currently drafted EIR is passed. Additional air quality monitoring stations in northwestern Kern County should be installed immediately to help track air quality impacts.
To reduce this harm to Frontline Communities, California Senator Scott Weiner has submitted a new senate bill. Senate Bill 467 would stop the issuance of hydraulic fracturing permits and create a public health setback distance of 2,500 feet from homes, schools and other health care facilities for all new drilling permits. The bill would also create a program to provide new training and job opportunities for workers who would be negatively impacted by the bill. Senate Bill 467 provides the first step for a green transition away from the health impacts resulting from fossil fuel industries.
The Take Away
Built on sound data and ample research, FracTracker recommends the following measures be taken to protect the health of California’s overburdened Frontline Communities: Kern County should revise its environmental impact report to address the onslaught of harmful oil and gas emissions (EIR), California Air Resources Board’s oil and gas rule should close its loophole allowing emissions from the pressure/vacuum hatch on the tank to be exempt from regulation, and legislators should educate themselves on the importance of 2,500 foot setbacks requirements for oil and gas wells.
References & Where to Learn More
FracTracker’s public comments regarding recommendations to modify the Kern County Draft Environmental Impact Report (EIR): https://www.fractracker.org/a5ej20sjfwe/wp-content/uploads/2021/03/Kern.EIR_.comments_FracTrackerAlliance_3.8.21_compressed.pdf
FracTracker California articles, maps, and imagery: https://www.fractracker.org/map/us/california/
Earthwork’s Community Empowerment Project: https://www.youtube.com/playlist?list=PL9BS7nDf-8tqlaUT8pc0Yr0Tpfl0UFDMK
Newsom Well Watch, a collaboration between FracTracker and Consumer Watchdog: https://newsomwellwatch.com/
Topics in this Article
Kyle Ferrar, Western Program Coordinator for FracTracker Alliance, contributed to the December 2020 memo, “Recommendations to CalGEM for Assessing the Economic Value of Social Benefits from a 2,500’ Buffer Zone Between Oil & Gas Extraction Activities and Nearby Communities.”
Below is the introduction, and you can find the full memo here.
The purpose of this memo is to recommend guidelines to CalGEM for evaluating the economic value of the social benefits and costs to people and the environment in requiring a 2,500 foot setback for oil and gas drilling (OGD) activities. The 2,500’ setback distance should be considered a minimum required setback. The extensive technical literature, which we reference below, analyzes health benefits to populations when they live much farther away than 2,500’, such as 1km to 5km, but 2,500’ is a minimal setback in much of the literature. Economic analyses of the benefits and costs of setbacks should follow the technical literature and consider setbacks beyond 2,500’ also.
The social benefits and costs derive primarily from reducing the negative impacts of OGD pollution of soil, water, and air on the well-being of nearby communities. The impacts include a long list of health conditions that are known to result from hazardous exposures in the vulnerable populations living nearby. The benefits and costs to the OGD industry of implementing a setback are more limited under the assumption that the proposed setback will not impact total production of oil and gas.
The comment letter submitted by Voices in Solidarity against Oil in Neighborhoods (VISIÓN) on November 30, 2020 lays out an inclusive approach to assessing the health and safety consequences to the communities living near oil and gas extraction activities. This memo addresses how CalGEM might analyze the economic value of the net social benefits from reducing the pollution suffered by nearby communities. In doing so, this memo provides detailed recommendations on one part of the broader holistic evaluation that CalGEM must use in deciding the setback rule.
This memo consists of two parts. The first part documents factors that CalGEM should take into account when evaluating the economic benefits and costs of the forthcoming proposed rule. These include factors like the adverse health impacts of pollution from OGD, the hazards causing them and their sources, and the way they manifest into social and economic costs. It also describes populations that are particularly vulnerable to pollution and its effects as well as geographic factors that impact outcomes.
The second part of this memo documents the direct and indirect economic benefits of the proposed rule. Here, the memo discusses the methods and data that should be leveraged to analyze economic benefits of reducing exposure to OGD pollution through setbacks. This includes the health benefits, impacts on worker productivity, opportunity costs of OGD activity within the proposed setback, and the fact that impacted communities are paying the external costs of OGD.
Please find the full memo here.
The fossil fuel industry has historically taken advantage of the nation’s mineral estate for private profit, while outsourcing the public health debts of degraded environmental quality to Frontline Communities. While President Biden has recently ordered the Department of Interior to put a 60-day halt on permitting new oil and gas drilling permits on federal lands, no such policy exists for state lands in California. Governor Newsom’s administration has allowed the California Geological Energy Management Division to issue rework and new drilling permits on California state lands, bringing the total number of operational oil and gas wells on state lands up to a total of 178, almost half of which are “idle.” This number pales in comparison to the number of California oil and gas wells on federal lands; a total of 6,997 operational wells.
FracTracker Alliance has mapped out the operational oil and gas wells located on state lands in California, using the California Protected Areas Database. The areas containing the highest concentrations of oil and gas wells on state lands include two sensitive ecosystem environments. Figure 1 shows the 102 operational oil and gas wells located in Southern California’s Bolsa Chica Ecological Preserve. The wells are part of the Huntington Beach oil field. The preserve shares marine habitat with a marine protected area (MPA) and is habitat for numerous rare and several endangered species. More sensitive habitat also threatened by oil and gas extraction; Figure 2 shows the oil and gas production wells on the Sacramento River Delta, just upriver of the Bay Area. It is habitat for several threatened and endangered species such as the Delta Smelt and Giant Garter Snake.
California needs Governor Newsom to take a stand against the further exploitation of California’s public lands. A ban on permitting new wells on state land and a commitment to plug existing wells would set an example for Biden’s administration to make the current 60-day freeze a permanent policy.
See more California maps and articles here.
By Kyle Ferrar, Western Program Coordinator, FracTracker Alliance
FracTracker’s Ted Auch coauthored a recent article in the journal Democracy & Security that considers the US shale oil and gas industry through a national security lens.
This paper was authored by Bryan T. Stinchfield , Ted Auch & Eve Bratman.
Proponents of the US shale oil and gas industry argued that American citizens’ economic prosperity and national security were at stake if the industry was not rapidly expanded. Following copious amounts of a certain type of “patriotic” rhetoric, the industry grew rapidly. Simultaneously, foreign ownership of US shale industry infrastructure occurred in tandem with calls for new policies and laws to limit US citizens’ democratic rights with regard to the industry’s activities. As a result, we argue that the development of the US shale industry has weakened national security by creating negative security externalities and eroding democratic values. We offer implications for other democratic societies rich in natural resources.
Figure 1. Vicious cycle within the US shale industry.
The intent of some of the industry’s proponents is to criminalize protest, peaceful and otherwise. When peaceful protests are intentionally lumped in with not-peaceful protests, the effect is a weakening of democracy.
Energy Security, International Investment, and Democracy: The Case of the United States Shale Oil and Gas Industry
Bryan T. Stinchfield , Ted Auch & Eve Bratman
To cite this article: Bryan T. Stinchfield , Ted Auch & Eve Bratman (2020): Energy Security, International Investment, and Democracy: The Case of the United States Shale Oil and Gas Industry, Democracy and Security, DOI: 10.1080/17419166.2020.1811969
To link to this article: https://doi.org/10.1080/17419166.2020.1811969