FracTracker and Public Lab, with support from Save the Hills Alliance, produced “Undermined,” an audio story featuring interviews with three residents impacted by the Hi-Crush Mine in Augusta, Wisconsin.
As we have discussed in previous reports, Kern County is required to develop a new set of environmental impact report (EIR) requirements for permitting new oil and gas wells.
With this recent development, it is necessary to provide science-based recommendations for the EIR to prioritize the protection of the health of frontline communities. Frontline communities bear the most risk. Emissions from oil and gas infrastructure and exposure to water and soil contamination most affect those living closest. It is therefore vital for an EIR to institute protections that address these known and well-established sources of exposure. In addition, the EIR must prioritize a requirement by law that all regulatory information is equitably available and imparted to Frontline Communities; with Kern County, this means providing regulatory notices in Spanish, the predominantly spoken language in this area, according to household census data.
In preparation of the Kern County rule-making process, FracTracker Alliance has prepared new analyses of Kern County communities. These analyses have mapped and assessed the distribution of oil and gas wells within Kern County for proximity to sensitive receptors. This information is vital to understand how the “most drilled County” in the United States manages the risks associated with oil and gas extraction. According to CalGEM data updated September 1, 2020, there are 78,016 operational oil and gas wells countywide. Of these, 5,906 (7.6%) are within 2,500 feet of a sensitive receptor, receptors being homes, schools, healthcare facilities, child daycare facilities, and elderly care facilities. Thirty-six CHHS healthcare facilities and 35 schools in Kern County are within 2,500 feet of an operational oil and gas well. In fact, 646 operational wells are within 2,500 feet of a school in Kern County. Most of these at-risk, sensitive receptors are in Kern’s cities, large and small.
Table 1. Well Counts in Kern County
Most of the population of Kern County is in its cities. Unincorporated, rural areas of Kern County are in majority zoned for large estate landownership and agriculture, and have low population density, rather than designated for residential, single-family homes, apartments, developments, and mobile homes. Oil and gas extraction operations and well sites are dispersed throughout the county, including near and within the residentially-zoned areas of cities. Given that the county’s population density is highest in cities, these areas present the greatest public health risk for exposures to toxic emissions and spills from fossil fuel extraction operations. This analysis focuses specifically on the Frontline Communities of Kern County, where oil and gas extraction is occurring near city limits.
Table 2. Operational oil and gas well counts near cities and sensitive receptors.
These include Lost Hills, Lamont, Taft, Arvin, Shafter and Bakersfield. In Table 2 (above) are counts of operational wells within two miles of each city, along with demographic profiles for each incorporated/unincorporated city, based on American Community Survey (2013-2018) census data (downloaded from Census.gov). Population estimates are based on the ACS block groups. For block groups larger than city boundaries, the population was assumed to be within city limits, although in certain cases, such as Arvin, a small section of a block group was eliminated from the city demographic counts. This assumption is validated by the county and city zoning parcels. The maps below in Figures 1 – 6 show the municipal zoning parcels for these cities, with maps that include operational oil and gas wells. Note the proximity of residential- and urban-zoned parcels to oil and gas extraction in Kern County, and the difference in zoning between the cities and the rest of the county. Cities are zoned for residences, including apartments, single-family homes, and mobile homes. Most of the rest of the county is agriculture and estates, where predominantly wealthy residents and corporations own large holdings.
Figure 1. Municipal zoning boundaries of the City of Lost Hills.
Figure 2. Municipal zoning boundaries of the City of Lamont.
Figure 3. Municipal zoning boundaries of the City of Taft.
Figure 4. Municipal zoning boundaries of the City of Arvin.
Figure 5. Municipal zoning boundaries of the City of Shafter.
Figure 6. Municipal zoning boundaries of the City of Bakersfield.
These six cities and their Frontline Communities experience a disparity of exposure to environmental pollutants, particularly emissions from oil and gas extraction operations — as well as pesticides, regionally degraded air quality (from ozone and particulate matter), and contaminated groundwater. Besides the risk disparity, these communities are also vulnerable from several other factors, including disparities in economic opportunity, demographics, and access to information.
Compared to the rest of Kern County, Frontline Communities in these unincorporated and incorporated cities have less financial opportunity. The maps in Figures 7 – 9 below show block groups and the proportions of the population with annual median incomes less than or equal to $40,000. This value was chosen because it is less than 80% of the countywide median income of $51,579 in 2018. For comparison, the statewide median income is $75,277. Lack of economic opportunity for these communities limits the ability to leverage financial resources to protect their community health and to maintain local-level financial independence from corporate influence. In Lost Hills, over 80% of the city block group closest to the Lost Hills Oil Field has a median income less than or equal to $40,000. The same trend is visible for Lamont, Taft, and Arvin. In Figure 9, the only section of Taft with higher annual median income is sparsely populated and predominantly open space, as confirmed in Figure 3. For the areas of Frontline Community block groups within 2,500 feet of an operational well, 36% of the population makes under $40,000; 80% of the Kern County annual median income is $41,000.
In the maps below, the American Community Survey data is summarized in percentages of one, where, for example, light orange (<.400) in the map refers to areas where 20% – 40% of the population’s annual median income is less than or equal to $40,000.
Table 3. Demographical Profile of each city, including the percentage of Spanish-speaking households and proportion of households with limited English proficiency.
Figure 7. Lost Hills income disparity: This map shows the population percentage with annual incomes of less than or equal to $40,000, which is less than 80% of the Kern median income of $51,579 (2018).
Figure 8. Lamont income disparity: This map shows the population percentage with annual incomes less than or equal to $40,000, which is less than 80% of the Kern median income of $51,579 (2018).
Figure 9. Taft income disparity: This map shows the population percentage with annual incomes less than or equal to $40,000, which is less than 80% of the Kern median income of $51,579 (2018).
Figure 10. Arvin income disparity: This map shows the population percentage with annual incomes less than or equal to $40,000, which is less than 80% of the Kern median income of $51,579 (2018).
Access to information is vital for representation. Without representation, communities have no power over their autonomy. Kern County’s Frontline Communities are denied this basic, but absolutely vital right. According to the U.S. Census, over 51% of Kern County is Hispanic, and the maps below show that the demographics of the Frontline Communities in these cities are regularly between 80 – 100% Hispanic. Additionally, the maps illustrate that the households in these communities are majority Spanish-speaking households, many with limited English proficiency (all persons aged five and older reported speaking English less than “very well”). Yet Kern County regulators only provide information, notices, and other materials in English. This linguistically segregates power in Kern County, limiting Spanish-speaking Kern residents and citizens from participating in local decision-making processes.
Using the five-year ACS census data (2018) clipped by the 2,500 feet well setback zone, I have calculated the percentage and number of Spanish-speaking households. For the areas of Frontline Community block groups within 2,500 feet of an operational well, 9,077 households (30.8%) speak Spanish as their primary language, and 1,900 households have limited access to proficient English translators.
Figure 11. Lost Hills Hispanic population demographics: This map shows the Hispanic percentage of the population. In these maps, the ACS data is summarized in percentages of one, where, for example, light orange (<.400) refers to areas where 20% – 40% of the population is Hispanic.
Figure 12. Lost Hills Spanish-speaking households: This map shows the percentage of the households that speak Spanish as their primary language. In these maps, the ACS data is summarized in percentages of one, where, for example, light orange (<.400) refers to areas where 20% – 40% of the households are Spanish speaking.
Figure 13. Lost Hills Limited English Spanish-speaking households: This map shows the household percentage that speak Spanish as their primary language, with limited English-speaking proficiency. In these maps, the ACS data is summarized in percentages of one, where, for example, light orange (<.400) refers to areas where 20% – 40% of the households are Spanish speaking and have limited English proficiency.
Figure 14. Lamont Hispanic population demographics: This map shows the Hispanic percentage of the population. In these maps, the ACS data is summarized in percentages of one, where, for example, light orange (<.400) refers to areas where 20% – 40% of the populations is Hispanic.
Figure 15. Lamont Spanish-speaking households: This map shows the percentage of the households that speak Spanish as their primary language. In these maps the ACS data is summarized in percentages of one, where, for example, light orange (<.400) refers to areas where 20% – 40% of the households are Spanish speaking.
Figure 16. Lamont Limited English Spanish-speaking households: This map shows the percentage of the households that speak Spanish as their primary language, with limited English-speaking proficiency. In these maps, the ACS data is summarized in percentages of one, where, for example, light orange (<.400) refers to areas where 20% – 40% of the households are Spanish speaking and have limited English proficiency.
Figure 17. Taft Hispanic population demographics: The map shows the Hispanic percentage of the population. In these maps the American Community Survey data is summarized in percentages of 1, where, for example, light orange (<.400) in the map below refers to areas where 20%-40% of the populations is Hispanic.
Figure 18. Taft Spanish-speaking households: This map shows the percentage of the households that speak Spanish as their primary language. In these maps, the ACS data is summarized in percentages of one, where, for example, light orange (<.400) refers to areas where 20% – 40% of the households are Spanish speaking.
Figure 19. Arvin Hispanic population demographics: This map shows the Hispanic percentage of the population. In these maps, the ACS data is summarized in percentages of one, where, for example, light orange (<.400) refers to areas where 20% – 40% of the populations is Hispanic.
Figure 20. Arvin Spanish-speaking households: This map shows the percentage of the households that speak Spanish as their primary language. In these maps, the ACS data is summarized in percentages of one, where, for example, light orange (<.400) refers to areas where 20% – 40% of the households are Spanish speaking.
Figure 21. Arvin Limited English Spanish-speaking households: This map shows the percentage of the households that speak Spanish as their primary language, with limited English-speaking proficiency. In these maps, the ACS data is summarized in percentages of one, where, for example, light orange (<.400) refers to areas where 20% – 40% of the households are Spanish speaking, with limited English proficiency.
Figure 22. Shafter Hispanic population demographics: This map shows the Hispanic percentage of the population. In these maps, the ACS data is summarized in percentages of one, where, for example, light orange (<.400) refers to areas where 20% – 40% of the populations is Hispanic.
Figure 23. Shafter Spanish-speaking households: This map shows the percentage of the households that speak Spanish as their primary language. In these maps, the ACS data is summarized in percentages of one, where, for example, light orange (<.400) refers to areas where 20% – 40% of the households are Spanish speaking.
Figure 24. Bakersfield Hispanic population demographics: This map shows the Hispanic percentage of the population. In these maps, the ACS data is summarized in percentages of one, where, for example, light orange (<.400) refers to areas where 20% – 40% of the populations is Hispanic.
Figure 25. Bakersfield Spanish-speaking households: This map shows the percentage of the households that speak Spanish as their primary language. In these maps, the ACS data is summarized in percentages of one, where, for example, light orange (<.400) refers to areas where 20% – 40% of the households are Spanish speaking.
These maps make it visually clear that the Frontline Communities near oil and gas extraction in Kern County are largely disenfranchised from the democratic process, a direct result of California’s regulatory agencies refusing to provide notices and other important documents and information in Spanish. Additionally, these same communities have limited options, due to economic disparities that make Kern County’s Frontline Communities the poorest in the state of CA. These two factors leveraged against communities prevent them from obtaining self-governance or autonomy over the industrialization occurring in and around their neighborhoods. Furthermore, the demarcations of census boundaries splitting the incorporated and unincorporated cities are essentially gerrymandered to disguise the blatant environmental inequities that exist in Kern County, in direct violation of the California Environmental Quality Act. Kern County must consider these injustices in the development of new environmental impact review requirements for oil and gas operators.
By Kyle Ferrar, Western Program Coordinator, FracTracker Alliance
This report was revised on 12/13/20
The following addendum incorporates additional demographics data that more thoroughly describes Frontline Communities in Kern County. We focus on the Frontline Communities closest to intense oil extraction operations. This analysis prioritizes areas with substantial population density. Remote sensing (satellite imagery) data and direct knowledge of Kern County cities was used to define the sample areas for this analysis. These techniques and methods avoid the type of spatial bias that distorted the results of the environmental justice (EJ) analysis in the 2020 Kern County draft EIR (chapter 7 PDF pp.1292-1305).
The EJ analysis included in the 2020 Kern County Draft EIR uses the spatial bias of US census designated areas to generate false conclusions. The Draft EIR can do this in two ways:
First, the Draft EIR uses census tracts in the place of smaller census designated areas. The draft EIR states the county conducted, “an analysis of Kern County census tract five-year American Community Survey (ACS) demographic and poverty data for the period was conducted … and the five-year data is the most accurate form of ACS data, has the largest sample size, and is the only ACS data that covers tiny populations.” While this is true about the five-year data, the authors chose to analyze using census tracts, which are much too large to cover small populations. It is not clear why the authors would have chosen census tracts, rather than the higher resolution ‘census block groups’ ACS dataset, as both datasets are readily available from the US Census Bureau.
Additionally, the draft EIR limits the sociodemographic analysis to only census tracts that contain PLSS QTR/QTRS’s ranked as Tier 1, so that it does not include neighboring communities in different census tracts in the demographical analysis. As discussed in the draft EIR, Tier 1 areas contain four or more operational wells in a tiny area. The draft EIR explicitly states that Tier 1 Qtr(s) do not contain schools or healthcare facilities. This trend is not limited to just the Qtr/Qtr sections. The census tracts containing the Tier 1 sections contain very few sensitive receptors, like schools and healthcare facilities. This is because census tracts and other census designated areas are drawn specifically to differentiate between urban and rural/industrial areas. Census tracts containing oil fields cover large rural areas, and intentionally avoid areas with any significant population density. This results in donuts and other strange shapes, where communities in much smaller census tracts (by area) are enveloped by large rural census tracts containing oil fields. As shown in the maps below, this eliminates all communities with any real population density from the draft EIR EJ analysis, even though they are the communities nearest to the oil fields.
In the maps below, census tracts are compared to census block groups, to show the difference in size and nature of their spatial distribution. In most cases, census tracts encompassing populated areas are tiny, and limited to the urban boundaries of cities. In the cases of Shafter and Arvin, the residential census tracts are encircled by a different donut-shaped census tract, actually containing most of the operational wells and oil fields. While the census tracts of the Frontline Communities are within very short distances of operational oil and gas wells and major fields at large, most communities are not included in the Kern 2020 draft EIR EJ analysis. With Lost Hills, the city of Lost Hills is within the same census tract as the Lost Hills oil field and several other extensive oil fields. The city of Lost Hills is the closest community to oil extraction operations in the census tract, and the small city contains just over 50% of the total population within this massive census tract. But because of the sheer size of the census tract, demographics of this Frontline Community are diluted by the vast rural area of northwestern Kern County, which is higher income with demographics 10% less Latino.
Map A1. Arvin Census Designated Areas. The map shows the city of Arvin and includes both census tracts and census block groups for comparison. It shows operational oil and gas wells in the map, along with 2,500’ buffers. This Frontline Community would be excluded in an analysis that only considers census tracts containing Tier 1 areas negatively impacted by oil and gas extraction operations. The census tracts that make up the majority of the city of Arvin are enveloped on all four sides by one larger census tract that contains most oil and gas wells.
Map A2. Shafter Census Designated Areas. The map shows the city of Shafter and includes both census tracts and census block groups for comparison. It shows operational oil and gas wells in the map, along with 2,500’ buffers. This Frontline Community would not be included in an analysis that only considers census tracts containing Tier 1 areas negatively impacted by oil and gas extraction operations. The census tract containing the North Shafter oil field forms a donut around the city of Shafter.
Map A3. Lost Hills Census Designated Areas. The map shows the city of Lost Hills and includes both census tracts and census block groups for comparison. It shows operational oil and gas wells, along with 2,500’ buffers. While the city of Lost Hills may be included in the 2020 Kern draft EIR EJ analysis, the results will not reflect the demographics of the community due to the incredibly large size of the census tract. It does not even entirely fit in the frame of this map!
Map A4. Bakersfield Census Designated Areas. The map shows the city of Bakersfield and includes both census tracts and census block groups for comparison. It shows operational oil and gas wells, along with 2,500’ buffers. This Frontline Community would not be included in an analysis that only considers census tracts containing Tier 1 areas negatively impacted by oil and gas extraction operations. The oil and gas wells in the Kern River, Kern Front and other oil fields make up their own unique census tract that also includes extensive areas of rural ‘estate’ zoned lands.
In the initial report below we analyzed the demographics and linguistic isolation of communities who live within 2,500’ of operational oil and gas wells. We found that the urban census block groups closest to Kern’s major oil and gas fields are some of the most linguistically isolated regions in the country. Densely populated block groups near large oil fields in the cities of Lost Hills, Arvin, Lamont and Weepatch suffer from linguistic isolation, where up to 80% of households do not have a proficient english speaker. In the analysis that follows, we focus more on specific Frontline Communities. Generating county-wide statistics using census block groups could result in too much spatial bias. Census designated areas do not have enough uniformity, and those located in and near oil fields are large in area (though would still provide a more accurate picture in comparison to census tracts). Therefore the analyses that follow take a community-centric approach to more accurately describe the demographics of several of Kern’s largest, most populous, Frontline Communities.
The City of Shafter, California, is near over 100 operational wells in the North Shafter oil field, as shown below in the map in Figure 2. Technically, the wells are within a donut-shaped census block group (outlined in blue) that surrounds the limits of the urban census block groups (outlined in pink). Shafter’s population of nearly 20,000 is over 86% Latinx, but the surrounding “donut” with just 2,000 people is about 70% Latinx, much wealthier, and with very low population density. The other neighboring rural census areas housing the rest of the Shafter oil field wells follow this same trend.
An uninformed analysis, such as the Kern County EIR, would conclude that the 2,000 individuals who live within the blue “donut” are at the highest risk, because they share the same census designated area as the wells. Notably, the only population center of this census block group (or census tracts, which follow this same trend) is at the opposite end of the block group, far from the Shafter oil field. Instead, the most at-risk community is the urban community of Shafter with high population density; the census block groups within the pink hole of the donut contain the communities and homes nearest the North Shafter field.
Map A5. The City of Shafter, California is located just to the south of the North Shafter oil field. The map shows the 2,500’ setback distance in tan, as well as the census block groups in both pink and blue. Pink block groups show the urban case populations used to generate the demographic summaries.
The cities of Lost Hills, Arvin, and Taft are all very similar to Shafter. The cities have densely populated urban centers within or directly next to an oil field. In the maps below in Figures 3 readers can see the community of Lost Hills next to the Lost Hills oil field. Lost Hills, like the densely populated cities of Arvin and Taft, are located very close to large scale extraction operations. Census block groups that include the most affected area of Lost Hills, outlined in pink, while surrounding low population density census block groups are shown in blue. Most of the areas outlined in blue are zoned as “estate” and “agriculture” areas. The outlines of the city boundaries are also shown, along with 2,500’ and mile setback distances from currently operational oil and gas wells.
Lost Hills is another situation where a donut-shaped census area distorts the results of low resolution demographics assessments, such as the one conducted by Kern County in their 2020 Draft EIR (PDF pp. 1292-1305). Almost all of the wells within the Lost Hills oil fields are just outside of a 2,500’ setback, but the incredibly high density of extraction operations results in the combined impact of the sum of these wells on degraded air quality. While stringent setback distances from oil and gas wells are a necessary component of environmental justice, a 2,500’ setback on its own is not enough to reduce exposures and risk for the Frontline Community of Lost Hills. For these Frontline Communities, a setback needs to be much larger to reduce exposures. In fact, limiting a public health intervention to a 2,500′ setback requirement alone is not sufficient to address the environmental health inequities in Lost Hills, Shafter, and other similar communities.
Lost Hill’s nearly 2,000 residents are over 99% Latinx, and over 70% of the households make less than $40,000 in annual income (which is substantially less than the annual median income of Kern County households [at $52,479]). The map in Figure A6 shows that the Lost Hills public elementary school is within 2,500’ of the Lost Hills oil field and within two miles of over 2,600 operational wells, besides the 6,000 operational wells in the rest of the field.
The City of Arvin has 8 operational oil and gas wells within the city limits, and another 71 operational wells within 2 miles. Arvin, with nearly 22,000 people, is over 90% Latinx, and over 60% of the households make less than $40,000 in annual income.
Additionally the City of Taft, located directly between the Buena Vista and Midway Sunset Fields, has a demographic profile with a Latinx population at least 10% higher than the rest of southern Kern County.
Lost Hills, Arvin, and Taft are among the most affected communities of Kern County and represent a large proportion of the Kern citizens at risk of exposure to localized air quality degradation from oil and gas extraction.
In these cases, if only census tract well counts are considered, like in the 2020 Kern County draft EIR, these Frontline Communities will be completely disregarded. Census tracts are intentionally drawn to separate urban/residential areas from industrial/estate/agricultural areas. The census areas that contain the oil fields are very large and sparsely populated, while neighboring census areas with dense population centers, such as these small cities, are most impacted by the oil and gas fields.
Map A6. The Unincorporated City of Lost Hills in Kern County, California is within 2,500’ of the Lost Hills Oil Field. The map shows the 2,500’ setback distance in tan, and the census block groups in both pink and blue. Pink block groups show the urban case populations used to generate the demographic summaries.
The City of Bakersfield is a unique scenario. It is the largest city in Kern County and as a result suburban developments surround parts of the city. Urban flight has moved much of the wealth into these suburbs. The suburban sprawl has occurred in directions including North toward the Kern River oil field, predominantly on the field’s western flank in Oildale and Seguro. In the map below in Map A7, these areas are located just to the north of the Kern River.
This is a poignant example of the development of cheap land for housing developments in an area where oil and gas operations already existed; an issue that needs to be considered in the development of setbacks and public health interventions and policies. This small population of predominantly white, middle class neighborhoods shares similar risks as the lower-income Communities of Color who account for most Bakersfield’s urban center. Even though these suburban communities are less vulnerable to the oppressive forces of systemic racism, real estate markets will continue to prioritize cheap land for development, moving communities closer to extraction operations.
Regardless of the implications of urban sprawl and suburban development,it is important to not disregard environmental risks for all communities. The demographics of the at-risk areas of the city of Bakersfield are predominantly Non-white (31%) and Latinx (60%), particularly as compared to the city’s suburbs (15% Non-white and 26% Latinx). About 33,000 people live in the city’s northern suburbs, and another 470,000 live in Bakersfield’s urban city center just to the south of the Kern River oil field. The urban population of Bakersfield is exposed to the local and regional negative air quality impacts of the Kern River and numerous other surrounding oil fields making it a disparately impacted community.
Map A7. Map of the city of Bakersfield in Kern County, California between several major oil fields including the Kern Front oil field. The map shows the 2,500’ setback distance in tan, and the census block groups in both pink and blue. Pink block groups show the urban case populations used to generate the demographic summaries.
By Emma Vieregge, FracTracker Summer 2020 Environmental and Health Fellow
Unconventional oil and natural gas development, or “fracking,” began in Pennsylvania in the early 2000s. Since then, over 12,000 unconventional wells have been drilled in the state, and over 15,000 violations have been documented at unconventional well sites. As fracking operations continue to expand, increasing numbers of residents have experienced significant health impacts and irreparable damage to their property. Southwest Pennsylvania in particular has been heavily impacted, with high concentrations of oil and gas infrastructure developed in Washington, Greene, and Fayette Counties.
Fracking operations have led to declining air quality, water and soil contamination, and drastic changes to the physical landscape including deforestation, habitat fragmentation, road construction, and damaged farmland. While the volume of scientific literature about the physical and mental health impacts of fracking is rising, few studies exist that specifically focus on residents’ perceptions of the changing physical landscape. The primary goal of this qualitative study was to identify residents’ attitudes about the changing physical landscape resulting from fracking operations. Furthermore, how have these landscape changes affected residents’ engagement with the outdoors and their overall health?
Many scientific studies have documented the relationship between fracking developments and mental health, and between mental health and access to green spaces and engagement with the outdoors. Peer-reviewed studies have looked at heavily fracked communities across the US, many of which focus on Pennsylvania residents. Methods typically involve one-on-one interviews, larger focus groups, surveys, or a combination of the three, to identify how living amongst oil and gas operations takes a toll on everyday life. These studies have found an increase in stress and anxiety, feelings of powerlessness against the oil and gas industry, social conflicts, sleep disturbances, and reduced life satisfaction. Additionally, residents have experienced disruptions in their sense of place and social identity. For a summary of published research about the mental health impacts from fracking, click here.
A healthy strategy many choose to cope with stress and anxiety is engagement in outdoor recreation. Having easily accessible “green spaces,” or land that is partly or completely covered with grass, trees, shrubs, or other vegetation such as parks and conservation areas have been shown to promote physical and mental health. Many scientific studies have identified significantly fewer symptoms of depression, anxiety, and stress in populations with higher levels of neighborhood green space.1 Additionally, green spaces can aid recovery from mental fatigue and community social cohesion.2 3 However, residents in Southwestern Pennsylvania may slowly see their access to green spaces and opportunities for outdoor recreation decline due to the expansion of fracking operations. Figure 1 below shows a visual representation of the interconnected relationship between fracking, access to green spaces, and negative mental health impacts.
Figure 1. The interconnected relationship between fracking operations, landscape changes and decreasing access to outdoor recreation, and negative mental health impacts.
In the last 10-15 years, fracking operations in Southwest Pennsylvania have exploded. The development of new pipelines, access roads, well pads, impoundments, and compressor stations is widespread and altering the physical landscape. Figure 2 below illustrates just one of many examples of landscape disruption caused from fracking operations.
Figure 2. Examples of changes in the physical landscape caused from fracking operations in Greene County (A) and Washington County (B), Pennsylvania. Images taken from Google Earth.
Additionally, this time-slider map (Figure 3) illustrates a larger scale view of landscape changes in Greene County, Pennsylvania in a region just east of Waynesburg.
Figure 3. Time-slider map of a region in Greene County, PA where the left portion of the map is imagery from 2005, and the right portion of the map is from 2017. Active oil and gas wells are indicated by a blue pin, and compressor stations are in green.
A qualitative study was conducted to answer the following research questions:
To better understand these topics, residents living in Southwestern Pennsylvania were recruited to participate in one-on-one phone interviews, and an online survey was also distributed throughout the FracTracker Alliance network. Recruitment for the one-on-one phone interviews was accomplished through FracTracker’s social media, and email blasts through other partnering organizations such as Halt the Harm Network, People Over Petro, and the Clean Air Council. Similarly, the online survey was shared on FracTracker’s social media and also distributed through our monthly newsletter. Since this was not a randomized sample to select participants, these results should not be generalized to all residents living near oil and gas infrastructure. However, this study identifies how certain individuals have been impacted by the changing landscape brought about by fracking operations.
Eight residents completed phone interviews, all of whom resided in Washington County, PA. Residents were first asked how long they have lived in their current home, and if there was oil and gas infrastructure on or near their property. Oil and gas infrastructure was defined as well pads, compressor stations, pipelines, ponds or impoundments, or access roads. Next, residents were asked if they had any health concerns regarding fracking operations and gave personal accounts of how fracking operations have altered the physical landscape near their home and in their surrounding community. For those with agricultural land, additional questions were asked about fracking’s impact on residents’ ability to use their farmland. Lastly, residents were asked questions focused on engagement in outdoor recreation and if fracking had any impact on outdoor recreation opportunities. NVivo, a qualitative analysis software, was used identify emergent themes throughout the interviews,
In addition to the interviews, an online survey was also made available.The main purpose of the survey was to gauge where concerns about landscape changes from fracking operations fell in relation to other oil and gas impacts (i.e. air pollution, water contamination, excess noise and traffic, and soil contamination). Nine responses were recorded, and the results are discussed below. However, if you would like to add your thoughts, you can find the survey at https://www.surveymonkey.com/r/Z5DCWBD.
Various emergent themes surrounding the oil and gas industry’s impact on public health and the environment were identified throughout the resident interviews. Residents shared their personal experiences and how they have been directly impacted by fracking operations, especially with reference to the changing physical landscape surrounding their homes and throughout their communities. Participants’ time of residence in Washington County ranged from 3 years to their entire life, and all participants had oil and gas infrastructure (well pad, pipelines, impoundment, access roads, or compressor station) on or next to their property.
The first overarching theme was changes to the physical landscape and residents’ attitudes toward the altered environment. All interview participants expressed concerns about the changes to the physical landscape on or surrounding their property, especially regarding access roads and well pads. Although one participant mentioned that widening the township road in order to make room for fracking trucks benefited the local community, the majority of participants expressed frustration about the construction of access roads, excessive truck traffic, noise, and dust from the unpaved access roads. One individual stated, “My main concern is the dust from the road. I’m constantly breathing that in, and it’s all over my shed, on the cars, the inside of the house, the outside of the house.” Multiple participants discussed the oil and gas operations disrupting what was once peaceful farmland with beautiful scenery (see an example in Figure 4 below). Another individual stated, “And of course, the noise is just unbearable. They don’t stop…the clanging on the pipe, the blow off with the wells, pumps running, generators, trucks coming down the hill with their engine brakes on, blowing their horn every time they want another truck to move.”
Figure 4. Aerial view of oil and gas infrastructure next to a home in Scenery Hill, PA. Image courtesy of Lois Bower-Bjornson from the Clean Air Council.
Impacts to outdoor recreation activities such as hunting, fishing, and hiking were another recurring theme throughout the interviews. Again, a majority of participants believed their opportunities to partake in outdoor recreation have been limited since fracking operations began in their area.
Among the top concerns was deteriorating air quality and increasing numbers of ozone action days, or days when the air quality index (AQI) for ozone reaches an unhealthy level for sensitive populations. Various participants expressed concerns about letting their children outside due to harmful air emissions and odors originating from well pads or compressor stations. Excessive truck traffic was also a safety concern that was mentioned, especially for those individuals with access roads on or neighboring their property.
Additionally, one individual noted landscape changes in areas commonly used for hiking stating, “You might be hiking along a trail and then realize that you’re no longer on the trail. You’re actually on a pipeline cut. Or you’ll get confused while you’re hiking because you’ll intersect with a road that was developed for a well pad, and it’s not on your map.” Along with hiking, participants also noted a change in hunting and fishing opportunities since fracking moved into the region. Concerns were expressed regarding harvesting any fish or wild game due to possible contamination from fracking chemicals, especially near watersheds with known chemical spills.
Going for a hike and immersing oneself in nature is a healthy way to unwind and relieve stress. However, a rising number of well pads and compressor stations are put in place near parks, hiking trails, and state game lands throughout Southwest Pennsylvania (Figure 5). Participants expressed concerns about feeling unable to escape oil and gas infrastructure, even when visiting these recreational areas. As one individual mentioned, “It really does change your experience of the outdoors. And, you know, it’s an area that’s supposed to be a protected natural area. Then you know you can’t really get away. Even there in public lands far away from buildings and roads. And you can’t really get away from it.”
Figure 5. A map of active oil and gas well pads and compressor stations in Washington County, Pennsylvania. Map layers also indicate wells pads and compressor stations within 1 mile of a park, hiking trail, ball park, or state game land.
But what are the mental health impacts that result from the changing physical landscape brought about by fracking? Aside from the physical health effects caused by fracking activity — such as respiratory illnesses from air pollution or skin irritation from contaminated well water — these landscape changes have taken a toll on participants’ mental health as well.
Many participants described the sentimental value of their property, and the beautiful scenery surrounding their generational family farms. But after fracking began on neighboring property, witnessing their tranquil family farm suddenly become surrounded by dusty access roads, excessive truck traffic, noise, and deteriorating air quality took a serious emotional and mental toll. When asked about the impact of the changing landscape, one participant stated, “It’s the emotional part of watching her childhood farm being destroyed while she is trying to do everything she can to rebuild it to the way it used to be.”
An additional emergent theme surrounding fracking landscape changes was surrounding agricultural impacts. Participants with agricultural land were asked additional questions about fracking’s impacts on their ability to use their farmland. One individual noted that one of their fields was now unusable due to large rocks and filter fabrics left from construction of a well pad, and redirected runoff uphill of their fields. The loss of productive farmland has further contributed to the mental and emotional stress. One participant added, “Our house is ruined, our health is ruined, and our farms are ruined.” In addition to agricultural impacts on large farms, multiple participants also mentioned concerns about their smaller-scale gardens, citing uncertainty about the impacts of air pollution and soil contamination on their produce.
Some participants mentioned feelings of powerlessness against the oil and gas industry. Many families were not consulted prior to fracking operations beginning adjacent to their property. In some cases, this has resulted in significant declines in property values, leaving residents with no financial means to escape oil and gas activity. It is important to note that many residents are given temporary financial incentives to allow fracking on their land. However, to some, the monetary compensation failed to make up for the toll fracking took on their physical and mental health. Lastly, some participants also mentioned feeling stress and anxiety from the social tension resulting from fracking. Debates about the restrictions and regulations on fracking have divided many communities, leading to conflicts and social tensions between once-amiable neighbors.
In addition to the interviews, an online survey was distributed to gain more insight as to where concerns about the changing physical landscape fell in relation to other effects associated with oil and gas development (such as poor air quality, water or soil contamination, truck traffic, and noise).
Nine individuals responded to the survey, all of whom indicated having oil and gas infrastructure within five miles of their home. All respondents also indicated that they participated in a wide variety of outdoor recreation activities such as hiking, wildlife viewing/photography, camping, hunting, and fishing.
Interestedly, only five respondents stated they felt fracking had a negative impact on their health, three responded they were unsure, and one responded no. However, all participants felt fracking had a negative impact on their surrounding environment. When discussing outdoor recreation, eight of nine respondents stated they felt fracking limited their access to outdoor recreation opportunities.
Next, respondents indicated that the level of concern related to the changing landscape brought about by fracking was equal to concerns about air pollution, water and soil contamination, noise, and truck traffic (using a 5-point likert scale). Lastly, one respondent stated that they closed their outdoor recreation tourism business due to blowdown emission (the release of gas from a pipeline to the atmosphere in order to relieve pressure in the pipe so that maintenance or testing can take place) and noise from fracking operations.
In summary, fracking operations have deeply impacted these individuals living in Washington County, Pennsylvania. Not only do residents experience deteriorating air quality, water contamination, and physical health effects, but the mental and emotional toll of witnessing multigenerational farms become forever changed can be overbearing. Other mental health impacts included rising social tensions, feelings of powerlessness, and continuous emotional distress. Fracking operations continue to change the physical landscape, tarnishing Southwest Pennsylvania’s natural beauty and threatening access to outdoor recreation opportunities. Unfortunately, those not living in the direct path of fracking operations struggle to grasp the severity of fracking’s impact on families living with oil and gas infrastructure on or near their property. More widespread awareness of fracking’s impacts is needed to educate communities and call for stricter enforcement of regulations for the oil and gas industry. As one resident summed up their experiences,
“Engines are running full blast, shining lights, and just spewing toxins out there. And you can’t get away from it. You just can’t. You can’t drink the water. You can’t breathe the air. You can’t farm the ground. And you’re stuck here.”
Hopefully, shedding light on residents’ experiences such as these will bring policymakers to reconsider fracking regulations to minimize the impact on public health and the surrounding environment.
By Emma Vieregge, FracTracker Summer 2020 Environmental and Health Fellow
The 2020 Environmental Health Fellowship was made possible by the Community Foundation for the Alleghenies and the Heinz Endowments.
Many thanks to all participants who took the time to share their experiences with me, Lois Bower-Bjornson with the Clean Air Council, Jessa Chabeau at the Southwest Pennsylvania Environmental Health Project, and the FracTracker team for all of their feedback and expertise.
Feature image courtesy of Lois Bower-Bjornson from the Clean Air Council.
1 Beyer, K., Kaltenbach, A., Szabo, A., Bogar, S., Nieto, F., & Malecki, K. (2014). Exposure to Neighborhood Green Space and Mental Health: Evidence from the Survey of the Health of Wisconsin. International Journal of Environmental Research and Public Health, 11(3), 3453-3472. doi:10.3390/ijerph110303453
2 Berman, M. G., Kross, E., Krpan, K. M., Askren, M. K., Burson, A., Deldin, P. J., . . . Jonides, J. (2012). Interacting with nature improves cognition and affect for individuals with depression. Journal of Affective Disorders, 140(3), 300-305. doi:10.1016/j.jad.2012.03.012
3 Maas, J., Dillen, S. M., Verheij, R. A., & Groenewegen, P. P. (2009). Social contacts as a possible mechanism behind the relation between green space and health. Health & Place, 15(2), 586-595. doi:10.1016/j.healthplace.2008.09.006
By Ted Auch, PhD, Great Lakes Program Coordinator and Shannon Smith, Manager of Communications & Development
The oil and gas industry continues to use rhetoric focusing on national security and energy independence in order to advocate for legislation to criminalize climate activists. Backlash against protestors and environmental stewards has only increased since the onset of COVID-19, suggesting that industry proponents are exploiting this public health crisis to further their own dangerous and controversial policies.[1]
Industry actors contributing to the wave of anti-protest bills include American Petroleum Institute (API), IHS Markit, The American Fuel & Petrochemical Manufacturers (AFPM), and most effectively, the American Legislative Exchange Council (ALEC), by way of its primary financial backer, Koch Industries (Fang, 2014, Shelor, 2017).
ALEC is the source of the model legislation “Critical Infrastructure Protection Act” of 2017, intended to make it a felony to “impede,” “inhibit,” “impair,” or “interrupt” critical infrastructure operation and/or construction. Close approximations – if not exact replicas – of this legislative template have been passed in 11 hydrocarbon rich and/or pathway states, and 8 more are being debated in 4 additional states.
The “critical infrastructure” designation in ALEC’s “Critical Infrastructure Protection Act” is extremely broad, including over 70 pieces of infrastructure, from wastewater treatment and well pads, to ports and pipelines. However, along with the 259 Foreign Trade Zones (FTZ) (Figures 1 and 4) supervised by US Customs and Border Protection (CBP), security is of such importance because over 50% of this infrastructure is related to oil and gas. According to our analysis, there are more than 8,000 unique pieces of infrastructure that fall under this designation, with over 10% in the Marcellus/Utica states of Ohio, West Virginia, and Pennsylvania. See Figure 1 for the number of FTZ per state.
Regarding FTZ, the US Department of Homeland Security doesn’t attempt to hide their genuine nature, boldly proclaiming them “… the United States’ version of what are known internationally as free-trade zones … to serve adequately ‘the public interest’.” If there remains any confusion as to who these zones are geared toward, the US Department of Commerce’s International Administration (ITA) makes the link between FTZ and the fossil fuel industry explicit in its FTZ FAQ page, stating “The largest industry currently using zone procedures is the petroleum refining industry.” (Figure 2)
Foreign-Trade Zone (FTZ) Board of Actions in Zone 87 in Lake Charles, Louisiana
Foreign-Trade Zone (FTZ) Board of Actions in Zones 115-117 in and around Port Arthur, Texas
Foreign-Trade Zone (FTZ) Board of Actions in Zone 122 in Corpus Christi, Texas
Much of the oil, gas, and petrochemical industries’ efforts stem from the mass resistance to the Dakota Access Pipeline (DAPL). Native American tribes and environmental groups spent months protesting the environmentally risky $3.78 billion dollar project, which began production in June 2017, after Donald Trump signed an executive order to expedite construction during his first week in office. The Standing Rock Sioux tribe also sued the US government in a campaign effort to protect their tribal lands. The world watched as Energy Transfer Partners (ETP), the company building the pipeline, destroyed Native artifacts and sacred sites, and as police deployed tear gas and sprayed protesters with water in temperatures below freezing.
ETP’s bottom line and reputation were damaged during the fight against DAPL. Besides increasingly militarized law enforcement, the oil and gas industry has retaliated by criminalizing similar types of protests against fossil fuel infrastructure. However, the tireless work of Native Americans and environmental advocates has resulted in a recent victory in March 2020, when a federal judge ordered a halt to the pipeline’s production and an extensive new environmental review of DAPL.
Just days ago, on July 6, 2020, a federal judge ruled that DAPL must shut down until further environmental review can assess potential hazards to the landscape and water quality of the Tribe’s water source. This is certainly a victory for the Standing Rock Sioux Tribe and other environmental defenders, but the decision is subject to appeal.
Since the DAPL conflict began, the industry has been hastily coordinating state-level legislation in anticipation of resistance to other notable national gas transmission pipelines, more locally concerning projects like Class II Oil and Gas Waste Injection Wells, and miles of gas gathering pipelines that transport increasing streams of waste – as well as oil and gas – to coastal processing sites.
The following “critical infrastructure” bills have already been enacted:
| STATE | BILL | TITLE | DATE PASSED | |
| West Virginia | HB 4615 | NEW PENALTIES FOR PROTESTS NEAR GAS AND OIL PIPELINES | 3/25/20 | |
| South Dakota | SB 151 | NEW PENALTIES FOR PROTESTS NEAR PIPELINES AND OTHER INFRASTRUCTURE | 3/18/20 | |
| Kentucky | HB 44 | NEW PENALTIES FOR PROTESTS NEAR PIPELINES AND OTHER INFRASTRUCTURE | 3/16/20 | |
| Wisconsin | AB 426 | NEW PENALTIES FOR PROTESTS NEAR GAS AND OIL PIPELINES | 11/21/19 | |
| Missouri | HB 355 | NEW PENALTIES FOR PROTESTS NEAR GAS AND OIL PIPELINES | 7/11/19 | |
| Texas | HB 3557 | NEW CRIMINAL AND CIVIL PENALTIES FOR PROTESTS AROUND CRITICAL INFRASTRUCTURE | 6/14/19 | |
| Tennessee | SB 264 | NEW PENALTIES FOR PROTESTS NEAR GAS AND OIL PIPELINES | 5/10/19 | |
| Indiana | SB 471 | NEW PENALTIES FOR PROTESTS NEAR CRITICAL INFRASTRUCTURE | 5/6/19 | |
| North Dakota | HB 2044 | HEIGHTENED PENALTIES FOR PROTESTS NEAR CRITICAL INFRASTRUCTURE | 4/10/19 | |
| Louisiana | HB 727 | HEIGHTENED PENALTIES FOR PROTESTING NEAR A PIPELINE | 5/30/18 | |
| Oklahoma | HB 1123 | NEW PENALTIES FOR PROTESTS NEAR CRITICAL INFRASTRUCTURE | 5/3/17 | |
There are an additional eight bills proposed and under consideration in these six states:
| STATE | PENDING | TITLE | DATE PROPOSED |
| Louisiana | HB 197 | NEW PENALTIES FOR PROTESTS NEAR CRITICAL INFRASTRUCTURE | 2/24/20 |
| Minnesota | HF 3668 | NEW PENALTIES FOR PROTESTS NEAR GAS AND OIL PIPELINES | 2/24/20 |
| Mississippi | HB 1243 | NEW PENALTIES FOR PROTESTS NEAR CRITICAL INFRASTRUCTURE | 2/19/20 |
| Alabama | SB 45 | NEW PENALTIES FOR PROTESTS NEAR GAS AND OIL PIPELINES | 2/4/20 |
| Minnesota | HF 2966 | NEW PENALTIES FOR PROTESTS NEAR OIL AND GAS PIPELINES | 1/31/20 |
| Minnesota | SF 2011 | NEW PENALTIES FOR PROTESTS NEAR GAS AND OIL PIPELINES | 3/4/19 |
| Ohio | SB 33 | NEW PENALTIES FOR PROTESTS NEAR CRITICAL INFRASTRUCTURE | 2/12/19 |
| Illinois | HB 1633 | NEW PENALTIES FOR PROTESTS NEAR CRITICAL INFRASTRUCTURE | 1/31/19 |
Activists and organizations like the American Civil Liberties Union (ACLU) are framing their opposition to such legislation as an attempt to stave off the worst Orwellian instincts of our elected officials, whether they are in Columbus or Mar-a-Lago. On the other hand, industry and prosecutors are framing these protests as terroristic acts that threaten national security, which is why sentencing comes with a felony conviction and up to ten years in prison. The view of the FBI’s deputy assistant director and top official in charge of domestic terrorism John Lewis is that, “In recent years, the Animal Liberation Front and the Earth Liberation Front have become the most active, criminal extremist elements in the United States … the FBI’s investigation of animal rights extremists and ecoterrorism matters is our highest domestic terrorism investigative priority.”
It shocked many when last week, two protesters in the petrochemical-laden “Cancer Alley” region of Louisiana were arrested and charged under the state’s felony “terrorist” law. Their crime? Placing boxes of nurdles – plastic pellets that are the building blocks of many single-use plastic products – on the doorsteps of fossil fuel lobbyists’ homes. To make matters more ridiculous, the nurdles were illegally dumped by the petrochemical company Formosa Plastics.[2] This is outrageous indeed, but is the sort of legally-sanctioned oppression that fossil fuel industry lobbyists have been successfully advocating for years.
American Fuel & Petrochemical Manufacturers (AFPM) stated in a letter of support for ALEC’s legislative efforts:
“In recent years, there has been a growing and disturbing trend of individuals and organizations attempting to disrupt the operation of critical infrastructure in the energy, manufacturing, telecommunications, and transportation industries. Energy infrastructure is often targeted by environmental activists to raise awareness of climate change and other perceived environmental challenges. These activities, however, expose individuals, communities, and the environment to unacceptable levels of risk, and can cause millions of dollars in damage … As the private sector continues to expand and maintain the infrastructure necessary to safely and reliably deliver energy and other services to hundreds of millions of Americans, policymakers should continue to consider how they can help discourage acts of sabotage … Finally, it will also hold organizations both criminally and vicariously liable for conspiring with individuals who willfully trespass or damage critical infrastructure sites.”
Those organizations deemed ‘criminally and vicariously liable’ would in some states face fines an order of magnitude greater than the actual individual, which would cripple margin-thin environmental groups around the country, and could amount to $100,000 to $1,000,000. The AFPM’s senior vice president for federal and regulatory affairs Derrick Morgan referred to these vicarious organizations as “inspiring … organizations who have ill intent, want to encourage folks to damage property and endanger lives …”
Oklahoma Oil & Gas Association (OKOGA) wrote in a fear-mongering letter to Oklahoma Governor Mary Fallin that such legislation was necessary to “protect all Oklahomans from risk of losing efficient and affordable access to critical services needed to power our daily lives.”
One of the most disturbing aspects of this legislation is that it could, according to the testimony and additional concerns of ACLU of Ohio’s Chief Lobbyist Gary Daniels, equate “‘impeding’ and ‘inhibiting’ the ‘operations’ of a critical infrastructure site” with acts as innocuous as Letters to the Editor, labor strikes or protests, attending and submitting testimony at hearings, or simply voicing your concern or objections to the validity of industry claims and its proposals with emails, faxes, phone calls, or a peaceful protest outside critical infrastructure that raises the concern of site security. Mr. Daniels noted in his additional written testimony that the latter, “may prove inconvenient to the site’s staff, under SB 250 they would be an F3 [Third Degree Felony], and that is without someone even stepping foot on or near the property, as physical presence is not required to be guilty of criminal mischief, as found in/defined in Sec. 2907.07(A)(7) of the bill.”
Figure 3. A rally held by the Louisiana-based nonprofit RISE St. James.
This connection, when enshrined into law, will have a chilling effect on freedom of speech and assembly, and will stop protests or thoughtful lines of questioning before they even start. As the Ohio Valley Environmental Coalition (OVEC) put it in their request for residents to ask the governor to veto the now-enacted HB 4615, such a bill is unnecessary, duplicative, deceitful, un-American, unconstitutional, and “will further crowd our jails and prisons.”
To combat such industry-friendly legislation that erodes local government control in Ohio, lawmakers like State Senator Nikki Antonio are introducing resolutions like SR 221, which would, “abolish corporate personhood and money-as-speech doctrine” made law by the Supreme Court of the United States’ rulings in Citizens United v. FEC and Buckley v. Valeo. After all, the overarching impact of ALEC’s efforts and those described below furthers privatized, short-term profit and socialized, long-term costs, and amplifies the incredibly corrosive Citizen’s United decision a little over a decade ago.
Simultaneously, there is an effort to criminalize protest activities through “riot boosting acts,” increased civil liability and decreased police liability, trespassing penalties, and new sanctions for protestors who conceal their identities (by wearing a face mask, for example).
The following bills have already been enacted:
| STATE | BILL | TITLE | DATE PASSED |
| South Dakota | SB 189 | EXPANDED CIVIL LIABILITY FOR PROTESTERS AND PROTEST FUNDERS | 3/27/19 |
| West Virginia | HB 4618 | ELIMINATING POLICE LIABILITY FOR DEATHS WHILE DISPERSING RIOTS AND UNLAWFUL ASSEMBLIES | 3/10/18 |
| North Dakota | HB 1426 | HEIGHTENED PENALTIES FOR RIOT OFFENCES | 2/23/17 |
| North Dakota | HB 1293 | EXPANDED SCOPE OF CRIMINAL TRESPASS | 2/23/17 |
| North Dakota | HB 1304 | NEW PENALTIES FOR PROTESTERS WHO CONCEAL THEIR IDENTITY | 2/23/17 |
In addition, the following bills have been proposed and are under consideration:
| STATE | PENDING | TITLE | DATE PROPOSED |
| Rhode Island | H 7543 | NEW PENALTIES FOR PROTESTERS WHO CONCEAL THEIR IDENTITY | 2/12/20 |
| Oregon | HB 4126 | HARSH PENALTIES FOR PROTESTERS WHO CONCEAL THEIR IDENTITY | 1/28/20 |
| Tennessee | SB 1750 | NEW PENALTIES FOR PROTESTERS WHO CONCEAL THEIR IDENTITY | 1/21/20 |
| Ohio | HB 362 | NEW PENALTIES FOR PROTESTERS WHO CONCEAL THEIR IDENTITY | 10/8/19 |
| Pennsylvania | SB 887 | NEW PENALTIES FOR PROTESTS NEAR “CRITICAL INFRASTRUCTURE” | 10/7/19 |
| Massachusetts | HB 1588 | PROHIBITION ON MASKED DEMONSTRATIONS | 1/17/19 |
All the while, the Bundy clan of Utah pillage – and at times – hold our public lands hostage, and white male Michiganders enter the state capital in Lansing armed for Armageddon, because they feel that COVID-19 is a hoax. We imagine that it isn’t these types of folks that West Virginia State Representatives John Shott and Roger Hanshaw had in mind when they wrote and eventually successfully passed HB 4618, which eliminated police liability for deaths while dispersing riots and unlawful assemblies.
Contrarily, South Dakota’s SB 189, or “Riot Boosting Act,” was blocked by the likes of US District Judge Lawrence L. Piersol, who wrote:
“Imagine that if these riot boosting statutes were applied to the protests that took place in Birmingham, Alabama, what might be the result? … Dr. King and the Southern Christian Leadership Conference could have been liable under an identical riot boosting law.”
FracTracker collaborated with Crude Accountability on a report documenting increasing reprisals against environmental activists in the US and Eurasia. Read the Report.
Despite Judge Piersol’s ruling, South Dakota (SB 151) joined Kentucky (HB 44) and West Virginia (HB 4615) in passing some form of ALEC’s bill since the COVID-19 epidemic took hold of the US. This is classic disaster capitalism. As former Barack Obama Chief of Staff Rahm Emanuel once said, “You never want a serious crisis to go to waste, and what I mean by that is it’s an opportunity to do things you think you could not do before.”
Figure 4. Photo of US Treasury Department signage outlining the warning associated with BP’s Whiting, IN, oil refinery designated a Foreign Trade Zone (FTZ). Photo by Ted Auch July 15th, 2015
In all fairness to Mr. Emanuel, he was referring to the Obama administration’s support for the post-2008 bipartisan Wall Street bailout. However, it is critical that we acknowledge the push for critical infrastructure legislation has been most assuredly bipartisan, with Democratic Governors in Kentucky, Louisiana, and Wisconsin signing into law their versions on March 16th of this year, in May of 2018, and in November of 2019, respectively.
According to the International Center for Not-for-Profit Law, 11 states have passed some version of ALEC’s bill, with the first uncoincidentally being a series of three bills signed in February of 2017 by North Dakota Governor Burgum, targeting “Heightened Penalties for Riot Offences” (HB 1426), “Expanded Scope of Criminal Trespass” (HB 1293), and “New Penalties for Protestors Who Conceal Their Identity” (HB 1304), with at least one member of ALEC’s stable of elected officials, Rep. Kim Koppelman, proudly displaying his affiliation in his biography on the North Dakota Legislative Branch’s website. Mr. Koppelman, along with Rep. Todd Porter out of Mandan, also cosponsored two of these bills.
In Columbus, Ohio, there are several pieces of legislation being pushed in concert with ALEC-led efforts. These include the recently submitted HB 362, that would “create the crime of masked intimidation.” Phil Plummer and George F. Lang sponsor the bill, with the latter being the same official who introduced HB 625, a decidedly anti-local control bill that would preempt communities from banning plastic bags. Most of the general public and some of the country’s largest supermarket chains have identified plastic bag bans as a logical next step as they wrestle with their role in the now universally understood crimes plastics have foisted on our oceans and shores. As Cleveland Scene’s Sam Allard wrote, “bill mills” and their willing collaborators in states like Ohio cause such geographies to march “boldly, with sigils flying in the opposite direction” of progress, and a more renewable and diversified energy future.
With respect to Plummer and Lang’s HB 362, two things must be pointed out:
1) It is eerily similar to North Dakota’s HB 1304 that created new penalties for protestors who conceal their identity, and
2) The North Dakota bill was conveniently signed into law by Governor Burgum on February 23rd, 2017, who had set the day prior as the “deadline for the remaining [DAPL] protesters to leave an encampment on federal land near the area of the pipeline company’s construction site.”
So, when elected officials as far away as Columbus copy and paste legislation passed in the aftermath of the DAPL resistance efforts, it is clear the message they are conveying, and the audience(s) they are trying to intimidate.
Plummer and Lang’s HB 362 would add a section to the state’s “Offenses Against the Public Peace,” Chapter 2917, that would in part read:
No person shall wear a mask or disguise in order to purposely do any of the following:
(A) Obstruct the execution of the law;
(B) Intimidate, hinder, or interrupt a person in the performance of the person’s legal duty; or
(C) Prevent a person from exercising the rights granted to them by the Constitution or the laws of this state.
Whoever violates this proposed section is guilty of masked intimidation. Masked intimidation is a first degree misdemeanor. It was critical for the DAPL protestors to protect their faces during tear gas and pepper spray barrages, from county sheriffs and private security contractors alike.
At the present moment, masks are one of the few things standing between COVID-19 and even more death. Given these realities, it is stunning that our elected officials have the time and/or interest in pushing bills such as HB 362 under the thin veil of law and order.
But judging by what one West Virginia resident and former oil and gas industry draftsman,[3] wrote to us recently, elected officials do not really have much to lose, given how little most people think of them:
“Honestly, it doesn’t seem to matter what we do. The only success most of us have had is in possibly slowing the process down and adding to the cost that the companies incur. But then again, the increase in costs probably just gets passed down to the consumers. One of the biggest drawbacks in my County is that most, if not all, of the elected officials are pro drilling. Many of them have profited from it.”
The oil, gas, and petrochemical industries are revealing their weakness by scrambling to pass repressive legislation to counteract activists. But social movements around the world are determined to address interrelated social and environmental issues before climate chaos renders our planet unlivable, particularly for those at the bottom of the socioeconomic ladder. We hope that by shining a light on these bills, more people will become outraged enough to join the fight against antidemocratic legislation.
This is Part I of a two-part series on concerning legislation related to the oil, gas, and petrochemical industries. Part II focuses on bills that would weaken environmental regulations in Ohio, Michigan, and South Dakota.
By Ted Auch, PhD, Great Lakes Program Coordinator and Shannon Smith, Manager of Communications & Development
[1] See Naomi Klein’s concept of the Shock Doctrine for similar trends.
[2] The community-based environmental organization RISE St. James has been working tirelessly to prevent Formosa Plastics from building one of the largest petrochemical complexes in the US in their Parish. Sharon Lavigne is a leading member of RISE St. James, and is an honored recipient of the 2019 Community Sentinel Award for Environmental Stewardship. Read more on Sharon’s work with RISE St. James here.
[3] This individual lives in Central West Virginia, and formerly monitored Oil & Gas company assets in primarily WV, PA, NY, VA, MD & OH, as well as the Gulf Coast. Towards the end of this individual’s career, they provided mapping support for the smart pigging program, call before you dig, and the pipeline integrity program.
Kern County, California has approved at least 18,356 illegal permits to drill new and rework existing oil and gas wells from 2015 – 2019 (data downloaded May 18, 2020). In a monumental decision in February of 2020, a California court ruled that a Kern County oil and gas ordinance paid for and drafted by the oil industry violated the state’s foundational environmental law. Kern County has failed to consider the environmental harms resulting from oil and gas drilling, such as water supply and air quality problems, farmland degradation, and increased noise, and communities have had enough.
Starting in 2015, Kern County used a local ordinance to fast-track the drilling of up to 72,000 new oil and gas wells over the next 25 years. The court’s recent decision allows the existing 18,356 permits to remain valid, but blocked the county from issuing any more permits after the end of April, 2020. This is an important victory for Kern County communities, but the existing permits present a public health threat that regulators have never adequately addressed.
To better understand the impacts of these illegal permits, and identify the communities most impacted, FracTracker Alliance has conducted an environmental justice spatial analysis based on the location of the permits. A map of the permits is found below in Figure 1. shows that there are 18,356 “Drilling” and “Rework” permits issued in Kern County since 2015, as well as the 1,304 permits located within 2,500’ of a sensitive receptor, including hospitals, schools, daycares, and homes.
Figure 1. Map of California Geologic Energy Management Division (CalGEM), formerly the California Division of Oil, Gas, and Geothermal Resources (DOGGR), approved drilling and rework permits, 2015-2019.
View map fullscreen | How FracTracker maps work
The ordinance, written by oil industry consultants, sidestepped state requirements for environmental reviews or public notices, as required by the California Environmental Quality Act (CEQA). It was used as a blanket environmental impact report (EIR), so that the threats of specific projects need not be considered.
To pass the ordinance, the county used a flawed study to hide the immense harm caused by oil and gas drilling and extraction. The appellate court that ruled against the ordinance stated it was passed “despite its significant, adverse environmental impacts.” As a result, the county allowed wells to be constructed next to people’s homes, schools, daycares, and healthcare facilities.
FracTracker aggregated, cleaned, and compiled California Geologic Energy Management Division’s (CalGEM) datasets of well permits. A breakdown of the statewide counts of permit types is shown below in Table 1. The table shows that in 2019, permits to drill new oil and gas wells made up about 34% of total permits. Over the course of the last five years, statewide permits have been distributed pretty equally between drilling wells, reworking wells to increase production (including re-drilling activities like deepening and sidetracking wells), and plugging and abandoning wells.
Table 1. Breakdown of permit types issued by California Geologic Energy Management Division (CalGEM), formerly the California Division of Oil, Gas, and Geothermal Resources (DOGGR), 2015-2019.
The illegal Kern County ordinance took effect in 2015, and permit counts for Kern County are shown in Table 2 and Figure 2 below. Note the permit count increase from 2014 to 2015 in the graph in Figure 2. The data shows that Kern County permitting counts increased in 2015 with the passage of the illegal ordinance. In 2016, a new statewide rule (State Bill 4) took effect regulating hydraulic fracturing. Since most oil and gas drilling in California was using hydraulic fracturing, permit numbers statewide, including in Kern, fell drastically. Since 2016, permitting rates have been climbing back up to pre-2016 levels. As of May 18, 2020, Kern County has already approved 1,310 new drilling permits, putting Kern County on track to meet or exceed 2015 permit numbers.
Table 2. Breakdown of permit types issued by California Geologic Energy Management Division (CalGEM) in Kern County alone, 2015-2019.
Figure 2. Time Series of drilling permits issued by Kern County, California, 2014 to present.
Kern County is the most heavily drilled county in the United States, and from 2015 to 2019 well permits were issued in Kern at elevated numbers as compared to the rest of the state. From the implementation of the ordinance (2014 to 2015), the proportion of drilling permits issued by Kern County increased from 82% to 94% of the state total. In Figure 3 below, the time series shows that Kern County makes up the majority of permits issued to drill new wells in California, and the proportion of wells drilled in Kern County has been higher from 2015 to 2019 than it had been prior. Not only did the ordinance allow permits to be drilled without any consideration for the community and public health impacts of Frontline Communities, but the actual numbers and proportions of wells drilled in Kern County increased as well. We have mapped these permits in Figure 3 below to show exactly where they are located.
Figure 3. Time series of permits issued to drill new wells in California from 1998 to 2019. The contribution of individual counties is shown with different colors, the area under the trend line representing the cumulative total.
The locations of well permits were mapped using GIS software and overlaid with indicators of social and environmental justice. The layers of Environmental Justice (EJ) mapping data were derived from CalEnviroScreen 3.0 census tract data, assigned to the block level, and 2015 American Community Survey demographical data, also summarized at the census block data.
One of the major failings of the Kern County ordinance was the lack of risk communication with Frontline Communities. Not only were communities not informed of proposed drilling projects, all communications from Kern County and CalGem have been posted solely in English. Any attempts at communication of impacts and notices have excluded non-English speakers. Providing notices and information in non-English languages, at the very least in Spanish, needs to be a top priority for any regulatory body in California. The current permitting policy leverages systematic racism to preclude communities from participating in the decision-making processes that directly affect their families’ health.
As shown below in map in Figure 4, the majority of Kern County ranks high in “linguistic isolation” according to CalEnviroScreen 3.0. Our analysis shows that 11,244 permits were issued in block groups that CalEnviroscreen 3.0 has ranked in the top 60th percentile for linguistic isolation. A total 16,143 permits were issued in block groups that are 40% or more Hispanic, and that number increases to 18,000 (98.1%) permits if you include the permits issued in the Midway-Sunset Field, located on the border of one of Kern’s largest, and predominantly “Hispanic,” census block groups.
View map fullscreen | How FracTracker maps work
Figure 4. Map of Oil and Gas Permits with Kern County “Hispanic” Demographics and Language Disparities. The shades of yellow to red census blocks represent the 60th percentile and above linguistic isolation. Hatched census tracts are census blocks with demographical profiles over 40% Hispanic.
Within Kern County, these permits were approved mostly in low income areas, and areas with pre-existing environmental degradation. In the map in Figure 5, below, permit locations were overlaid with CalEnviroScreen 3.0 rankings for existing environmental degradation and median income data from the American Community Survey (2015) to visually show the disparity.
Our analysis shows that 17,978 0f the 18,356 total drilling and reworking permits were issued in census block groups where the median income was at least 20% lower than that of Kern County (Kern median income = $51,579). Additionally, these areas are more impacted by existing sources of pollution. In fact, 18,298 (99.7%) permits were issued in census blocks designated as the above the 60th percentile of those suffering from existing pollution burden by CalEnviroScreen 3.0.
View map fullscreen | How FracTracker maps work
Figure 5. Map of oil and gas permits with Kern County environmental justice areas. Shown in shades of blue are the block groups with median incomes less than 80% of that of the Kern County ($51,579). The hatched areas are above the 60th percentile for CalEnviroScreen pollution burden.
Our results find that from 2015-2019, very few well permits were issued in census blocks that are predominantly white, with median incomes above the median, and low rankings of linguistic isolation. The policies enacted by Kern County to fast track permits were instituted in predominantly poor, linguistically isolated, Hispanic communities already suffering from existing environmental degradation. Through systematic racism, these areas have become Kern County’s “sacrifice zones.” Moving forward, we are pressuring Kern County to adopt a permitting approach that considers the health of Frontline Communities.
Unfortunately, since the court’s decision, well permitting in Kern County has not only continued, but actually accelerated. While the appellate court ordered permitting to stop for one month, the gap was quickly filled. Between March 28 and May 18, 2020; CalGEM approved 733 permits to drill new wells and rework existing wells in Kern County. In addition, CalGEM approved 38 new fracking permits in 2020 since March 28th, all in Kern County (regulated separately under State Bill 4), increasing the environmental burden on Kern communities further. Like Kern County, CalGEM’s permitting process also deserves scrutiny, as state permitting requirements are lax.
These irresponsible policies have had a direct impact on the health of Central Valley communities. Environmental monitoring has shown time and again that emissions from oil and gas wells include a cocktail of air toxics and carcinogens, and that living near oil and gas activity has been shown to be associated with numerous health impacts such as low birth weight, cancer, skin problems, asthma, and depression, The exclusion of Spanish-speaking residents from notifications and information on decisions that affect their health is an even further condemnation of the systematic and outright racism of Kern County’s permitting approach.
There is more work to be done, but the elimination of Kern County’s fast-tracking ordinance is a major win for public health and democracy.
FracTracker Alliance would like to congratulate the organizations responsible for this legislative victory and thank them for all their hard work. They include Committee for a Better Arvin, Committee for a Better Shafter, and Greenfield Walking Group, represented by the Center on Race, Poverty & the Environment, together with the Center for Biological Diversity, and Sierra Club, who was represented by Earthjustice.
By Kyle Ferrar, MPH, Western Program Coordinator, FracTracker Alliance
By Kim Fraczek (Sane Energy Project), with input and mapping by Karen Edelstein (FracTracker Alliance)
Despite overwhelming concern about the impacts of fossil fuels on climate chaos, pipeline projects are springing up all over the country in an effort find markets for the surplus of fracked gas extracted from the Marcellus region in Pennsylvania. New Yorkers are directly impacted by these problematic supply chains. The energy company, National Grid, is proposing to raise New Yorkers’ monthly bills in order to complete a new, 30-inch high-pressure fracked gas transmission pipeline through Brooklyn, New York. National Grid euphemistically named the 350-psi pipeline the “The Metropolitan Reliability Pipeline Project.” Gas moving through this pipeline is destined for a National Grid Depot on Newtown Creek, which divides Brooklyn from the borough of Queens. National Grid plans to expand liquefied natural gas (LNG) storage and vaporizer operations at the Depot. The Depot expansion will also facilitate trucking transport of gas to and from North Brooklyn to destinations in Long Island and Massachusetts.
For an industry explanation on how vaporizers work, click here.
National Grid Depot is located on the western bank of Newtown Creek. Source: Google Maps
Pipelines also present risks of catching fire and exploding. On average, a 350-psi gas pipeline has an evacuation radius of approximately 1275 feet. FracTracker Alliance created the interactive map, below, using 2010 census data to show population density in the neighborhoods within this blast zone. According to FracTracker, there were 614 reported pipeline incidents in the United States in 2019 alone, resulting in the death of 10 people, injuries to another 35, and about $259 million in damages.
View map fullscreen | How FracTracker maps work
There is widespread community opposition to this pipeline, LNG expansion, and trucking proposal because it will:
Opponents of this pipeline project also raise objections that the pipeline will:
National Grid is currently constructing Phase 4 of the pipeline. However, public pressure and concern about COVID-19 safety measures forced them to stop construction on March 27, 2020. After Governor Cuomo issued an executive order to halt all non-essential work, neighbors reported the company was not mandating personal protective equipment (PPE) nor social distancing for its workers.
Additionally, funding to build north of Montrose Avenue in Bushwick through to Greenpoint—neighborhoods in northeastern Brooklyn on the border with Queens that make up the fifth phase of the pipeline construction—is pending a decision by the Public Service Commission. The approval of the fifth phase of the pipeline would allow it to reach the LNG facility at Greenpoint.
Generalized map of Brooklyn neighborhoods. Source: Wikipedia.
The current National Grid rate case proceeding is in its last stage of discovery, testimony, cross-examination, and final briefs from parties to the rate case. The Administrative Law Judges overseeing the proceeding will review all parties’ information, and make a recommendation to the Public Service Commission, a five-person panel appointed by New York State Governor Cuomo to regulate our utilities. This decision will most likely happen at the monthly meeting on June 18, 2020, where they also may make a decision on National Grid’s Long Term Plan proceeding that could determine the future of LNG expansion in North Brooklyn.
Sane Energy Project has laid out a clear and cogent set of arguments. These include:
As gas prices continue to drop and renewable energy technologies are more accessible and wide-spread, the whole equation that relies on a fossil fuel-based economy becomes more desperate and unsustainable. Many communities are also saying “no” to new pipelines in their communities, so industry is looking to ship fracked gas over land by truck. Another method for disposing of surplus gas is to compress it into LNG (liquefied natural gas) and ship it to international markets by boat.
For more updates on the North Brooklyn Pipeline, check Sane Energy Project’s website. If you live in the New York/Metropolitan area and want to get involved in this fight, there are numerous ways in which you can work with Sane Energy. Click here for details.
What difficult times. The pandemic is beyond our common experience. Deadly and pervasive, it afflicts our physical wellbeing and our economy. The virus exposes and exploits the inequities in society, with harsh, disproportionate burdens on those most marginalized. The suffering sickens us to the core.
Hope is an essential nutrient manifesting in different, often unassuming, forms. The 50th anniversary of Earth Day, while dampened by our current troubles, reminds us of the tenacity and resiliency of the human spirit.
A small idea, sparked in 1970, blossomed into a global observance. People mobilized by the thousands to testify to the defilement of the planet and to demand bold action. In the story map below, take a tour through 50 years of technology, protest, economics, and policy that shaped the country’s energy landscape. Witness the power of people bringing dramatic changes to our energy system, despite forces working to preserve the status quo.
The 50th occurrence of Earth Day presents a ripe opportunity to honor the dedication and sacrifice of those who help keep our lights on and celebrate the bravery of those fighting to build an energy system that ensures environmental and economic justice for all.
Physical gathering is a bad idea but intellectually, virtually, we can elevate the dialogue and plant good seeds, literal and figurative, to accelerate restoration and cool our climate. The constraints of COVID-19 reveal the virtue of simplicity, the conservation bounty of taking the slower road, where every milepost matters.
Plug in however, wherever you can. Look for local chances to engage. Check out the Earth Day Network for digital events near and far or plan your own action.
Make a statement, take a stand, and write the future.
Wishful thinking? Maybe, but as a wise-old band once sang, “Don’t Stop Believing.”
FracTracker Alliance has conducted numerous spatial analyses concerning the proximity of oil and gas extraction infrastructure to sensitive receptors, including healthcare centers, locations where children congregate, locations where the elderly congregate, as well sensitive habitat for endangered and threatened wildlife. In this article, we summarize the results of a handful of these analyses that are most relevant to the impact a 2,500’ minimum setback would have on oil and gas extraction in California, discussed here in our recent article. We are providing these summaries as useful references for creating materials and crafting documents in support of establishing policies to protect public health and Frontline Communities, such as setbacks regulations. For further readings on the health threats oil and gas poses for Frontline Communities see PSE Healthy Energy’s literature review of the negative impacts of oil and gas extraction (2009-2015)1, FracTracker Alliance’s literature review of negative health impacts (2016-2019)2, and Stand-LA’s review of literature showing health impacts at multiple distances with reference to 2,500’.3
In the 2018 The Sky’s Limit report by Oil Change International (OCI),4 FracTracker’s analysis showed that 8,493 active or newly permitted oil and gas wells were located within a 2,500’ buffer of sensitive sites including occupied dwellings, schools, hospitals, and playgrounds. At the time, it was estimated that over 850,000 Californians lived within the setback distance of at least one of these oil and gas wells.
An assessment of the number of California citizens living proximal to active oil and gas production wells was also conducted for the CCST State Bill 4 Report on Well Stimulation in 2016.5 The analysis calculated the number of California residents living within 2,500’ of an active (producing) oil and gas well, and based estimates of demographic percentages on 2015 ACS data at the census block level. The report found that:
Population counts within the setbacks were calculated for smaller census designated areas including counties and census tracts. The results of the calculations are presented in Table 1 and the analysis is shown in the maps in Figure 1 and Figure 2 below.
Data for the City of Los Angeles was also aggregated. Results showed:
Table 1. Population Counts by County. The table presents the counts of individuals living within 2,500’ of an active oil and gas well, aggregated by county. The top 12 counties with the highest population counts are shown. “Impacted Population” is the count of individuals estimated to live within 2,500’ of an oil and gas well. The “% Non-white” and “% Hispanic” columns report the estimated percentage of the impacted population of said demographic.
| County | Total Pop. | Impacted Pop. | Impacted % Non-white | Impacted % Hispanic |
| Los Angeles | 9,818,605 | 541,818 | 0.54 | 0.46 |
| Orange | 3,010,232 | 202,450 | 0.25 | 0.19 |
| Kern | 839,631 | 71,506 | 0.34 | 0.43 |
| Santa Barbara | 423,895 | 8,821 | 0.44 | 0.71 |
| Ventura | 823,318 | 8,555 | 0.37 | 0.59 |
| San Bernardino | 2,035,210 | 6,900 | 0.42 | 0.59 |
| Riverside | 2,189,641 | 5,835 | 0.46 | 0.33 |
| Fresno | 930,450 | 2,477 | 0.34 | 0.50 |
| San Joaquin | 685,306 | 2,451 | 0.55 | 0.42 |
| Solano | 413,344 | 2,430 | 0.15 | 0.15 |
| Colusa | 21,419 | 1,920 | 0.39 | 0.70 |
| Contra Costa | 1,049,025 | 1,174 | 0.35 | 0.30 |
Figure 1. Map of impacted census tracts for a 2,500’ setback in California. The map shows areas of California that would be impacted by a 2,500’ setback from active oil and gas wells in California.
Figure 2. Map of impacted census tracts for a 2,500’ setback in Los Angeles. The map shows areas of California that would be impacted by a 2,500’ setback from active oil and gas wells in Los Angeles.
From the analysis we find that the majority of California citizens living near active production wells are located in Los Angeles County. This amounts to 61% of the total count of individuals within 2,500’ in the full state. Additionally, the well sample population is limited to only wells that are reported with an “active” status. Including wells identified as idle or support wells such as Class II injection or EOR wells would increase both the total numbers and the demographical percentages because of the high population density in Los Angeles.
Using California Geologic Energy Management Division (CALGEM) data published March 1, 2020, we find that there are 105,808 wells reported as Active/Idle/New in California. There are 16,690 are located within 2,500′ of a sensitive receptor (15.77%). Of the 74,775 active wells in the state, 9,835 fall within the 2,500’ setback distance.6
There are 6,558 idle wells that fall within the 2500’ setback distance, of nearly 30,000 idle wells in the state. Putting these idle wells back online would be blocked if they required reworks to ramp up production. For the most part operators do not intend for most idle wells to come back online. Rather they are just avoiding the costs of plugging.
Of the 3,783 permitted wells not yet in production, or “new wells,” 298 are located within the 2,500’ buffer zone (235 in Kern County).
In Los Angeles, Rule 1148.2 requires operators to notify the South Coast Air Quality Management District of activities at well sites, including permit approvals for stimulations and reworks. Of the 1,361 reports made to the air district since the beginning of 2018 through April 1, 2019; 634 (47%) were for wells that would be impacted by the setback distance; 412 reports were for something other than “well maintenance” of which 348 were for gravel packing, 4 for matrix acidizing, and 65 were for well drilling.
We also analyzed data reported to DOGGR under the well stimulation requirements of SB4. From 1/1/2016 to 4/1/19 there were 576 well stimulation treatment permits granted under the SB4 regulations. Only 1 hydraulic fracturing event, permitted in Goleta, would have been impacted by a 2,500’ setback.
Also part of the OCI The Sky’s Limit report,4 we approximated the amount of oil produced from wells within 2,500’ of sensitive receptors. Using the API numbers of wells identified as being within the buffer area, we pulled production data for each well from the Division of Oil, Gas, and Geothermal Resources (DOGGR) database. The results are based on 2016 production data, the latest complete data available at the time of the analysis. The data indicated that 12% of statewide production came from wells within the buffer zone in 2016. Looking at the production data for a full 6 year period (2010 – 2016), production from wells within the buffer zone was 10% on average statewide. Limiting the analysis to only Kern County, the result was actually smaller. About 5% of countywide production in 2016 (6.1 million barrels) was found to come from wells in the buffer zone.
FracTracker conducted an analysis in Kern County for the California Environmental Justice Alliance’s 2018 Environmental Justice Agency Assessment.7 We assessed the proportions of wells near sensitive receptors that are located in low-income communities (at or below 80% of the Kern County Average Median Income). We found that 5,229 active/idle/new oil and gas wells were within 2,500’ from sensitive receptors in low-income communities, including 3,700 active, 1,346 idle, and 183 newly permitted “new” oil and gas wells. The maps in Figures 3 and 4 below show these areas of Kern County and specifically Bakersfield, California.
FracTracker’s analysis of low income communities in Kern County showed the following:
Figure 3. Map of Kern County census tracts with wells impacted by a 2,500’ setback, with median income brackets.
Figure 4. Map of Kern County census tracts with wells impacted by a 2,500’ setback, with median income brackets.
FracTracker conducted an environmental justice analysis to investigate student demographics in schools near oil and gas drilling in California.8 The school enrollment data is from 2013 and the oil and gas wells data is from June 2014. For the analysis we used multiple distances, including 0.5 miles (about 2,500’). Based on the statistical comparisons in the report, we made the following conclusions:
In collaboration with Consumer Watchdog,9 we counted permit applications that were approved in 2018 during Governor Brown’s administration, as well as in 2019 and 2020 under Governor Newsom. The analysis included permits for drilling new wells, well reworks, deepening wells and well sidetracks. Almost 10% of permits issued during the first two months of 2020 have been issued within 2,500’ of sensitive receptors including homes, hospitals, schools, daycares, and nursing facilities. This is slightly lower than the average for all approved permits in 2019 (12.2%). In 2018, Governor Brown approved 4,369 permits, of which 518 permits (about 12%) were granted within the proposed 2,500’ setback.
FracTracker Alliance’s body of work in California provides a summary of the population demographics of communities most impacted by oil and gas extraction. It is clear that communities of color in Los Angeles and Kern County make up the majority of Frontline Communities. New oil and gas wells are not permitted in equitable locations and setbacks from currently active oil and gas extraction sites are an environmental justice necessity. Putting a ban on new permits and shutting down existing wells located within 2,500’ of sensitive receptors such as schools, hospitals, and homes would have a very small impact on overall production of oil in California. It is clear that the public health and environmental equity benefits of a 2,500’ setback far outweigh any and all drawbacks. We hope that the resources summarized in this article provide a useful source of condensed information for those that feel similarly.
Feature photo of a well pad in California in April 2018, by Brook Lenker, FracTracker Alliance.
COVID-19 and the oil and gas industry are at odds. Air pollution created by oil and gas activities make people more vulnerable to viruses like COVID-19. Simultaneously, the economic impact of the pandemic is posing major challenges to oil and gas companies that were already struggling to meet their bottom line. In responding to these challenges, will our elected leaders agree on a stimulus package that prioritizes people over profits?
People living in areas with poor air quality may be more vulnerable to COVID-19, a disease that affects the lungs. Poor air quality is linked to higher rates of asthma and chronic obstructive pulmonary disease (COPD), even without a pandemic.
Air pollution from oil and gas development can come from compressor stations, condensate tanks, construction activity, dehydrators, engines, fugitive emissions, pits, vehicles, and venting and flaring. The impact is so severe that for every three job years created by fracking in the Marcellus Shale, one year of life is lost due to increased exposure to pollution.
Yes, air quality has improved in certain areas of China and elsewhere due to decreased traffic during the COVID-19 pandemic. But despite our eagerness for good news, sightings of dolphins in Italian waterways does not mean that mother earth has forgiven us or “hit the reset button.”
Significant environmental health concerns persist, despite some improvements in air quality. During the 2003 SARS outbreak, which was caused by another coronavirus, patients from areas with the high levels of air pollution were twice as likely to die from SARS compared to those who lived in places with little pollution.
On March 8th, Stanford University environmental resource economist Marshall Burke looked at the impacts of air quality improvements under COVID-19, and offered this important caveat:
“It seems clearly incorrect and foolhardy to conclude that pandemics are good for health. Again I emphasize that the effects calculated above are just the health benefits of the air pollution changes, and do not account for the many other short- or long-term negative consequences of social and economic disruption on health or other outcomes; these harms could exceed any health benefits from reduced air pollution. But the calculation is perhaps a useful reminder of the often-hidden health consequences of the status quo, i.e. the substantial costs that our current way of doing things exacts on our health and livelihoods.”
This is an environmental justice issue. Higher levels of air pollution tend to be in communities with more poverty, people of color, and immigrants. Other health impacts related to oil and gas activities, from cancer to negative birth outcomes, compromise people’s health, making them more vulnerable to COVID-19. Plus, marginalized communities experience disproportionate barriers to healthcare as well as a heavier economic toll during city-wide lockdowns.
The COVID-19 health crisis is setting off major changes in the oil and gas industry. The situation may thwart plans for additional petrochemical expansion and cause investors to turn away from fracking for good.
Oil, gas, and petrochemical producers were facing financial uncertainties even before COVID-19 began to spread internationally. Now, the economics have never been worse.
In 2019, shale-focused oil and gas producers ended the year with net losses of $6.7 billion. This capped off the decade of the “shale revolution,” during which oil and gas companies spent $189 billion more on drilling and other capital expenses than they brought in through sales. This negative cash flow is a huge red flag for investors.
“North America’s shale industry has never succeeded in producing positive free cash flows for any full year since the practice of fracking became widespread.” IEEFA
Shale companies in the United States produce more natural gas than they can sell, to the extent that they frequently resort to burning gas straight into the atmosphere. This oversupply drives down prices, a phenomenon that industry refers to as a “price glut.”
The oil-price war between Russia and Saudi Arabia has been taking a toll on oil and gas prices as well. Saudi Arabia plans to increase oil production by 2 – 3 million barrels per day in April, bringing the global total to 102 million barrels produced per day. But with the global COVID-19 lockdown, transportation has decreased considerably, and the world may only need 90 million barrels per day.
If you’ve taken Econ 101, you know that when production increases as demand decreases, prices plummet. Some analysts estimate that the price of oil will soon fall to as low as $5 per barrel, (compared to the OPEC+ intended price of $60 per barrel).
Oil and gas industry lobbyists have asked Congress for financial support in response to COVID-19. Two stimulus bills in both the House and Senate are currently competing for aid.
Speaker McConnell’s bill seeks to provide corporate welfare with a $415 billion fund. This would largely benefit industries like oil and gas, airlines, and cruise ships. Friends of the Earth gauged the potential bailout to the fracking industry at $26.287 billion. In another approach, the GOP Senate is seeking to raise oil prices by directly purchasing for the Strategic Petroleum Reserve, the nation’s emergency oil supply.
Speaker Pelosi’s proposed stimulus bill includes $250 billion in emergency funding with stricter conditions on corporate use, but doesn’t contain strong enough language to prevent a massive bailout to oil and gas companies.
Hopefully with public pressure, Democrats will take a firmer stance and push for economic stimulus to be directed to healthcare, paid sick leave, stronger unemployment insurance, free COVID-19 testing, and food security.
Fracking companies were struggling to stay afloat before COVID-19 even with generous government subsidies. It’s becoming very clear that the fracking boom is finally busting. In an attempt to make use of the oversupply of gas and win back investors, the petrochemical industry is expanding rapidly. There are currently plans for $164 billion of new infrastructure in the United States that would turn fracked natural gas into plastic.
The location of the proposed PTTGC Ethane Cracker in Belmont, Ohio. Go to this map.
There are several fundamental flaws with this plan. One is that the price of plastic is falling. A new report by the Institute for Energy Economics and Financial Analysis (IEEFA) states that the price of plastic today is 40% lower than industry projections in 2010-2013. This is around the time that plans started for a $5.7 billion petrochemical complex in Belmont County, Ohio. This would be the second major infrastructural addition to the planned petrochemical buildout in the Ohio River Valley, the first being the multi-billion dollar ethane cracker plant in Beaver County, Pennsylvania.
Secondly, there is more national and global competition than anticipated, both in supply and production. Natural gas and petrochemical companies have invested in infrastructure in an attempt to take advantage of cheap natural gas, creating an oversupply of plastic, again decreasing prices and revenue. Plus, governments around the world are banning single-use plastics, and McKinsey & Company estimates that up to 60% of plastic production could be based on reuse and recycling by 2050.
Sharp declines in feedstock prices do not lead to rising demand for petrochemical end products.
Third, oil and gas companies were overly optimistic in their projections of national economic growth. The IMF recently projected that GDP growth will slow down in China and the United States in the coming years. And this was before the historic drop in oil prices and the COVID-19 outbreak.
“The risks are becoming insurmountable. The price of plastics is sinking and the market is already oversupplied due to industry overbuilding and increased competition,” said Tom Sanzillo, IEEFA’s director of finance and author of the report.
Oil, gas, and petrochemical companies are facing perilous prospects from demand and supply sides. Increasing supply does not match up with decreasing demand, and as a result the price of oil and plastics are dropping quickly. Tens of thousands of oil and gas workers are being fired, and more than 200 oil and gas companies have filed for bankruptcy in North America in the past five years. Investors are no longer interested in propping up failing companies.
Natural gas accounts for 44% of electricity generation in the United States – more than any other source. Despite that, the cost per megawatt hour of electricity for renewable energy power plants is now cheaper than that of natural gas power plants. At this point, the economy is bound to move towards cleaner and more economically sustainable energy solutions.
It’s not always necessary or appropriate to find a “silver lining” in crises, and it’s wrong to celebrate reduced pollution or renewable energy achievements that come as the direct result of illness and death. Everyone’s first priority must be their health and the health of their community. Yet the pandemic has exposed fundamental flaws in our energy system, and given elected leaders a moment to pause and consider how we should move forward.
It is a pivotal moment in terms of global energy production. With determination, the United States can exercise the political willpower to prioritize people over profits– in this case, public health over fossil fuel companies.
Top photo of petrochemical activity in the Houston, Texas area. By Ted Auch, FracTracker Alliance. Aerial assistance provided by LightHawk.
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FracTracker Alliance is a 501(c)3 non-profit: Tax identification number: 80-0844297
Image courtesy of Lois Bower-Bjornson from the Clean Air Council.
Photo by Ted Auch, FracTracker Alliance, with aerial support by LightHawk