Articles not written by FracTracker Alliance are shown here in descending order by date:

Revolving Doors & the PA Natural Gas Industry

By Susan Volz, FracTracker Alliance Intern

The result of this year’s presidential election has sent shock waves through all levels of government. Many are now wondering what the next four years will look like in terms of funding and policy decisions. Just a few days after the inauguration, the next administration’s cabinet choices have many worried. For example, the person President-Elect Trump has selected to lead the transition at the Environmental Protection Agency (EPA), Myron Ebell, has connections to the fossil fuel industry, suggesting national energy policy may embrace fossil fuel development. Of equal concern are the industry connections of former ExxonMobil CEO Rex Tillerson as Secretary of State and former Texas governor Rick Perry as Secretary of Energy.

While these transformations are happening at the federal level, Pennsylvania has its own long history of revolving doors between government and industry that deserve attention. Examination of data collected by citizen advocate, Dorina Hippauf, as well as my own independent research, shows a state government with extensive ties to the oil and gas industry. This relationship is a concern given that state responses to national energy policy and climate change will become particularly important in coming years.

The Governor’s Office

Former Governor Ed Rendell, who served from 2003-2011, has multiple ties to the natural gas industry and was governor during the initial stages of the shale gas boom in PA. During this time, Governor Rendell leased 130,000 acres of state land to gas extraction companies (he later imposed a ban on leasing state lands). After leaving office, Rendell joined Element Partners, an equity firm with investments in the gas industry. Currently, Rendell is Co-chair of Building America’s Future, a bipartisan coalition of elected officials advocating for investment in the nation’s infrastructure. As recently as August 2016, Rendell has said he makes no apologies and remains a “strong advocate” of unconventional gas extraction, also stating that weaknesses in regulation were “cured” in 2010.

Pennsylvania’s shale gas industry saw its beginnings under Governor Rendell, but the industry truly boomed under Governor Tom Corbett. Corbett, a Republican, served a single term from 2011 to 2015. One of Corbett’s first acts as governor was to sign Act 13, which revised oil and gas laws and implemented the controversial impact fee in lieu of a severance tax. Corbett overturned Rendell’s ban on leasing public lands to gas companies. Corbett accepted $1.8 million in campaign contributions from gas companies. These contributions came not only from the companies themselves but also individual contributions from industry executives. Many of the companies that donated to Corbett’s campaign also found themselves appointed to the Marcellus Shale Advisory Commission.

Pennsylvania’s current Governor, Democrat Tom Wolf, campaigned on a platform of tougher restrictions on natural gas companies, as well as a 5% severance tax. However, the severance tax has failed to be implemented due to contentious budget negotiations with the Republican-held General Assembly. There were also concerns during Wolf’s campaign when it was revealed he had received $273,000 in donations from members of the gas industry. Many environmental advocates called on Wolf to return the funds.

Another important point to consider in these transitions is that, as elected officials move through various offices, their staffers often move with them or are appointed to influential positions. For example, K. Scott Roy served as Rendell’s chief of staff while in Harrisburg. After leaving politics, Roy joined Range Resources, one of the largest gas extraction companies in Pennsylvania. In the past he has also served as Treasurer for the Marcellus Shale Coalition.

The DEP: Regulating in the Public Interest?

The Department of Environmental Protection (DEP) is the state agency responsible for enforcing and regulating the natural gas industry in PA. However, research shows a consistent thread of secretaries with ties to the oil and gas industry dating as far back as secretaries James Seif (1995-2001) and David Hess (2001-2003). Both joined lobbying firms after leaving government. Seif joined Ridge Global, LLC, a lobbying firm founded by former governor Tom Ridge, which has had contracts with the Marcellus Shale Coalition, and where Seif currently serves as Principal of Energy and Environment. Hess joined Crisci, a lobbying firm with many gas companies as clients, where he is currently the Director of Policy and Communication at Crisci.

Katie McGinty was appointed by Governor Rendell and served from 2003 to 2008. Since leaving the agency she has worked for a number of energy-related companies including NRG Energy (operator of natural gas plants),  Element Partners (the same firm Ed Rendell joined), and has been senior vice-president at Westen Solutions (a consulting firm with several natural gas companies as clients). During her Senate campaign, McGinty faced criticism for the significant campaign donations she received from the natural gas industry, as well as her employment past. McGinty was succeeded by John Hanger, who served from 2008 to 2011. Hanger left the DEP to join the law and lobbying firm Eckert Seamans Cherin and Mellott, LLC, which is a member of the Marcellus Shale Coalition. One of their clients is the Pennsylvania Independent Oil and Gas Association (PIOGA).

Perhaps the most infamous DEP secretary was Michael Krancer (2011-2013), who once notoriously said, “At the end of the day, my job is to get gas done.” Prior to joining the DEP, Krancer worked for Blank Rome, a law and lobbying firm that represents gas companies and is also a member of the Marcellus Shale Coalition, where he now currently works once again. Krancer also served as a member of the Marcellus Shale Advisory Commission, the panel that advised Governor Corbett on unconventional gas drilling regulations. Krancer’s father, Ronald, was also a significant contributor to Corbett’s 2010 gubernatorial campaign. After Krancer left the DEP, Corbett appointed Christopher Abruzzo, who served for about a year, followed by Dana Ankust, who also served a single year.

When Tom Wolf took office in 2015, he appointed John Quigley to head the DEP. Due to his past working with environmental advocacy group PennFuture, there was optimism that Quigley’s appointment would take the DEP in a different direction. Quigley had also previously served as secretary of the Department of Conservation and Natural Resources. In 2014, the Pennsylvania Environmental Defense Council sued the Commonwealth to try and stop the leasing of state lands to gas companies. Quigley testified that he had felt pressure to allow the lease of public land. Quigley dramatically resigned as secretary of the DEP in May, 2016, as a result of a leaked email voicing frustration with environmental advocacy groups and gridlock in the General Assembly. Quigley is an interesting counterpoint to the trend of DEP secretaries being influenced by the shale gas industry — an environmental advocate entering a political arena hostile to the DEP’s mission.

If one looks deeper at the DEP, there is further evidence of the revolving door between the oil and gas industry and the agency. For example, Barbara Sexton served as executive deputy secretary before leaving to join Chesapeake Energy, where she is currently Director of Government Relations. Another former deputy secretary, John Hines, left the agency to work for Shell. Michael Arch, who was an inspection supervisor, left to work for PIOGA. And finally, L. Richard Adams was formerly the DEP watershed manager before joining Chief Oil and Gas.

Conclusion

These findings suggest that multiple aspects of the Pennsylvania state government have historical and presently revolving-door relationships with the oil and gas industry. In a sense, this situation is not entirely surprising. PA is one of the largest natural gas producing states in the country, and the rhetoric of energy policy sells natural gas as a cleaner, cheaper, domestically-produced alternative to coal or oil. Historically, states have acted as “laboratories of policy,” as the federal government has been slow to pass legislation addressing energy and climate change. The incoming Trump administration has shown itself to be enthusiastic about expanding the fossil fuel market. However, it’s impossible to predict what changes will happen to the EPA and federal regulations. Such unpredictability makes states all the more important in shaping environmental protection policy in the next few years. We need to be aware of these revolving doors so we can be prepared for what’s coming in the future.

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

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

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

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

Pruitt’s Past as AG

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

A Focus on Environmental Issues

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

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

Potential Conflicts of Interest

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

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

Induced-Seismicity and Wastewater Disposal

OK Map of Recent Earthquakes for Pruitt article

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

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

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

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

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

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

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

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

Pruitt not at fault?

Photo Credit: JIM BECKEL/The Oklahoman

Earthquake damage. Photo Credit: Jim Beckel/The Oklahoman

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

Historical AG Influence

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

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

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

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

A Mission at Risk

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

Footnotes

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

The Mississippi Fracking Fight: Saving Forests, Woodpeckers, and the Climate

By Wendy Park, senior attorney with the Center for Biological Diversity

 

If the Bureau of Land Management (BLM) gets its way, large areas of Mississippi’s Bienville and Homochitto national forests will be opened up to destructive fracking. This would harm one of the last strongholds for the rare and beautiful red-cockaded woodpecker, create a new source of climate pollution, and fragment our public forests with roads, drilling pads and industrial equipment. That’s why we’re fighting back.

My colleagues and I at the Center for Biological Diversity believe that all species, great and small, must be preserved to ensure a healthy and diverse planet. Through science, law and media, we defend endangered animals and plants, and the land air, water, and climate they need. As an attorney with the Center’s Public Lands Program, I am helping to grow the “Keep It in the Ground” movement, calling on President Obama to halt new leases on federal lands for fracking, mining, and drilling that only benefit private corporations.

That step, which the president can take without congressional approval, would align U.S. energy policies with its climate goals and keep up to 450 billion tons of greenhouse gas pollution from entering the atmosphere. Already leased federal fossil fuels will last far beyond the point when the world will exceed the carbon pollution limits set out in the Paris Agreement, which seeks to limit warming to 1.5 °C above pre-industrial levels. That limit is expected to be exceeded in a little over four years. We simply cannot afford any more new leases.

Fracking Will Threaten Prime Woodpecker Habitat

In Mississippi, our concerns over the impact of fracking on the rare red-cockaded woodpecker and other species led us to administratively protest the proposed BLM auction of more than 4,200 acres of public land for oil and gas leases the Homochitto and Bienville national forests. The red-cockaded woodpecker is already in trouble. Loss of habitat and other pressures have shrunk its population to about 1% of its historic levels, or roughly 12,000 birds. In approving the auction of leases to oil and gas companies, BLM failed to meet its obligation to protect these and other species by relying on outdated forest plans, ignoring the impact of habitat fragmentation, not considering the effects of fracking on the woodpecker, and ignoring the potential greenhouse gas emissions from oil and gas taken from these public lands. The public was also not adequately notified of BLM’s plans.

 

Mississippi National Forests, Potential BLM Oil & Gas Leasing Parcels, and Red Cockaded Woodpecker Sightings


View map fullscreenHow FracTracker maps work

Fracking Consequences Ignored

According to the National Forest Service’s 2014 Forest Plan Environmental Impact Statement, core populations of the red-cockaded woodpecker live in both the Bienville and Homochitto national forests, which provide some of the most important habitat for the species in the state. The Bienville district contains the state’s largest population of these birds and is largely untouched by oil and gas development. The current woodpecker population is far below the target set by the U.S. Fish and Wildlife Service’s recovery plan. A healthy and fully recovered population will require large areas of mature forest. But the destruction of habitat caused by clearing land for drilling pads, roads, and pipelines will fragment the forest, undermining the species’ survival and recovery.

red-cockaded_woodpecker_insertNew leasing will likely result in hydraulic fracturing and horizontal drilling. In their environmental reviews, BLM and the Forest Service entirely ignore the potential for hydraulic fracturing and horizontal drilling to be used in the Bienville and Homochitto national forests and their effects on the red-cockaded woodpecker. Fracking would have far worse environmental consequences than conventional drilling. Effects include increased pollution from larger rigs; risks of spills and contamination from transporting fracking chemicals and storing at the well pad; concentrated air pollution from housing multiple wells on a single well pad; greater waste generation; increased risks of endocrine disruption, birth defects, and cardiology hospitalization; and the risk of earthquakes caused by wastewater injection and the hydraulic fracturing process (as is evident in recent earthquakes in Oklahoma and other heavily fracked areas).

Greenhouse Gas Emissions and Climate Change

Oil and gas development also results in significant greenhouse gas emissions from construction, operating fossil-fuel powered equipment during production, reclamation, transportation, processing and refining, and combustion of the extracted product. But BLM and the Forest Service have refused to analyze potential emissions or climate change effects from new leasing. Climate change is expected to worsen conditions for the woodpecker, compounding the harms of destructive drilling practices. Extreme weather events will become more frequent in the Southeast U.S. as temperatures rise. Hurricane Katrina resulted in significant losses of woodpecker habitat and birds in the Mississippi national forests. The Forest Service should be redoubling its efforts to restore and preserve habitat, but instead it is turning a blind eye to climate change threats.

At a time when world leaders are meeting in Morocco to discuss the climate crisis and scientists tell us we already have enough oil and gas fields operating to push us past dangerous warming thresholds, it’s deeply disturbing that the Obama administration continues to push for even more oil and gas leases on America’s public lands. The BLM’s refusal to acknowledge and analyze the effects of fracking on the climate, at-risk species, and their habitat, is not only inexcusable it is illegal. The science is clear: The best way to address catastrophic warming — and protect wildlife — is to keep fossil fuels in the ground.

Photographs for this article were sourced from the U.S. Department of Agriculture fair-use photostream.

Photo by David Nix 2015

Documenting Oil and Gas Industry Damage in North Dakota

North Dakota is now in its third oil boom due to the drilling technologies of horizontal drilling and hydraulic fracturing that have made once-inaccessible oil accessible. The Bakken formation covers western North Dakota, eastern Montana, and parts of Manitoba and Saskatchewan. At the height of the boom in 2014, just under 12,000 wells were active across the west, extracting 1.1 million barrels (bbl) of oil per day and flaring at 32%. The boom has bumped North Dakota to the second largest oil and gas producing state, second only to Texas.

Dakota Resource Council (DRC) is a member-led, grassroots organization that has been working in extraction-impacted communities in North Dakota since 1978. DRC’s members work on oil and gas campaigns that aim to eliminate impacts to land, air, water, and livelihoods of the citizens of North Dakota. Campaign issues on oil and gas industry damage include: flaring, pipelines, radioactive/oilfield waste, state accountability, and oil-by-rail.

The following photos from DRC show impacts of current and legacy oil and gas extraction in western North Dakota – an area in the heart of the Bakken that is historically a rich agricultural and ranching region. The vast contrast between the two industries are not complementary.

Bear Den Bay Incident

Fort Berthold Indian Reservation is the epicenter of fracking in the Bakken. On July 8, 2014 a wastewater pipeline rupture was accidentally discovered in rural Mandaree on the reservation. The pipeline is owned by Crestwood Midstream, LLC – a Texas-based company.

An estimated 1 million gallons of toxic saltwater ran down a ravine, ending up in the tributary of Bear Den Bay, which is located ¼ mile from the city of Mandaree’s water intake. The spill was contained, but the state doesn’t know exactly how much waste went into the bay. Tribal administration released a statement that beaver dams prevented the fluids from reaching the lake.

Weeks after the incident Crestwood released a statement saying:

… while assessment of the effect is ongoing, examination and testing to date show that an area of grass, brush and trees about 200 yards long sustained damage. Some produced water ran down a ravine into natural pools in a small stream at the bottom, but it appears that the produced water stopped there… The impact on fish and wildlife appears to have been minimal, in fact beavers, turtles, frogs, deer and pelicans have been seen returning to and re-inhabiting the impacted area.

To date, there has been no penalty for the damage that has been done to the land and reclamation is ongoing. Below are photos documenting the incident’s effects:

The Legacy of North Dakota Oil Booms

Western North Dakota has weathered through two previous oil booms in the early 1950’s and 1980’s. Previous booms left behind infrastructure that sits abandoned today. Due to hydraulic fracking technology, once-inaccessible oil is now accessible. These pre-existing wells are called legacy wells, that produce roughly 5% of North Dakota’s 1.2 million barrels per day.

Much of these wells contain infrastructure that has been in place for over 60 years. Pipelines have not been mapped or regulated in North Dakota until recently. Farmers are finding underground tanks and pipelines filled with toxic sludge. Just like previous oil booms, North Dakota was not prepared for the cost of extraction. Scroll through the following gallery showing a variety of legacy sites in ND.


By Nicole Donaghy, Dakota Resource Council

Starved Rock State Park by Michelle McCray

How Frac Sand Mining is Altering an Economy Dependent on Starved Rock State Park, IL

An Ottawa, IL resident’s letter to U.S. Silica regarding how the firm’s “frac” sand mines adjacent to Starved Rock State Park will alter the local economy.

Starved Rock State Park

As is so often the case, we find that those things we have taken most for granted are usually the things we miss most when they are gone. The list of what our nation has lost to industrial and commercial concerns couldn’t possibly be compiled in a single article. The short-sighted habits of economic progress have often led to long-term loss and ecologic disaster. That is why it took a man like Abraham Lincoln, a man of long-term vision and wisdom, to sign into existence our first national park, preserving for antiquity what surely would have been lost to our American penchant for development and overuse.

With that in mind, I have always found it amazing how the gears of our own local and state governments have continually chosen the economic path of least resistance and allowed the areas surrounding Starved Rock State Park to be ravaged and destroyed for what is, ultimately, minimal gain. I am no expert but I suspect it could be argued that a full 1/3 of LaSalle County’s economic engine is funded by the simple existence of Starved Rock State Park. Beyond the 2 million plus visitors to the park each year, it cannot be forgotten that nearly every municipality in LaSalle County has directly or indirectly benefited from the countless number of businesses that prosper from the magnetism of the park’s tranquil canyons.

Photos by Michelle McCray of McCray Photography.

Preservation Not Development

As the 4-year battle with Mississippi Sand over development of the Ernat property has proved, there are many rational souls who truly acknowledge the importance of maintaining a healthy and productive park environment. With the recent sale of the Ernat property to U.S. Silica, we are again confronted with the prospect of irrational development of the eastern boundaries of Starved Rock State Park.

Given the gravity of these decisions, I would like to share a letter recently sent on behalf of many of those who have fought so hard and so long for preservation of that same eastern boundary. This letter was sent to Brian Shinn, CEO of U.S. Silica Holdings, INC. (SLCA) in Frederick, Maryland nearly a month ago, and we have yet to receive a response. In sharing this information on FracTracker’s website, I hope this letter will contribute to further discussion among our local representatives over a far more long-term vision of what LaSalle County wishes to be and what qualities, both environmental and economic, that it wishes to maintain and protect:

Letter to US Silica

Dear Mr. Shinn,

I am writing this letter on behalf of dozens of LaSalle County, Illinois residents who have, for the past several years, been intimately involved in the active pursuit of rational use and conservation of our local natural environment. As I am sure you are aware, the debate over use of the Ernat property as a functional sand mining operation has been a long and hard-fought battle. Years of litigation by the Sierra Club and other local environmental groups helped stall it’s development by Mississippi Sand, and have now led to the sale of the Ernat acreage to U.S. Silica. As irrational as the previous proposals were, the sale putting that acreage under your control has not lessened our concerns over the damaging use of that property as it relates to historic Highway 71 and the entire Starved Rock State Park area.

Obviously, sand mining operations have been a long-standing component of LaSalle County economics. Decades of mining under U.S. Silica supervision have not substantially reduced the quality of life for county residents or the natural environment as a whole. However, as can be specified by many local experts, the development and spoilage of the Ernat property will most certainly have longstanding and drastic impacts on both the ecology of Starved Rock State Park and the economic engine that it sustains. Starved Rock State Park attracts over 2 million visitors each year, with an estimated half million visitors using the Hwy. 71 entrance paralleling the Ernat farm as their main gateway into the park. The Ernat property’s river frontage has long been the tranquil eastern entry into the Illinois Canyon area, as well as an active nesting site for countless birds amidst bountiful wetlands and flat, open prairies. The Ernat property’s shared access to Horseshoe Creek has also made it essential to the entire Illinois Canyon ecosystem within the park. In short, any development of this property will most certainly have long-term negative impacts on both the economics and ecology of the Illinois River Basin.

In writing this letter, we are hoping that U.S. Silica, under your guidance, may consider the opportunity to preserve this indispensable parcel of land and examine ways in which U.S. Silica might make this land available as a gift or negotiated property to the state of Illinois. It would certainly be an important addition to the entire Starved Rock State Park area. I have included the signatures of many of our own local coalition. We hope you will consider the long-term impacts that this development would have to one of Illinois premier natural areas. Thank you.

Inspiring Action

I hope those who have signed this letter will be inspired to further action, and those who have not will reconsider their years of inaction. The natural heritage and local economies of our entire Illinois River Basin are depending on it.

Sincerely,

Paul Wheeler

Only when the last tree has died…
and the last river been poisoned…
and the last fish been caught…
will we realize we cannot eat money.

An old Cree Indian saying

Sand Mining Photos

For additional photos from Illinois, explore our online photo album.


Mr. Wheeler grew up in Oak Lawn, IL and now lives with his wife and daughter in the Ottawa, IL area and is a para-educator.

Feature image by Michelle McCray of McCray Photography.

Interview with Therese Vick – Sentinel Award Winner

Kirk Jalbert, FracTracker’s Manager of Community Based Research & Engagement, interviews Therese Vick, one of FracTracker’s 2015 Community Sentinels Award Winners.

Therese Vick is a highly-regarded community organizer with the Blue Ridge Environmental Defense League in North Carolina. A big part of her work is serving BREDL chapters in Stokes, Anson, Lee, and Chatham counties – all frontline communities threatened by shale gas extraction. In these communities, she offers organizing assistance, training programs, and strategic campaign planning for local groups. Watch-dogging state regulatory agencies is also a significant part of Therese’s work, about which she publishes extensively on in her blog, From Where I Sit: Reports From The North Carolina Mining and Energy Commission Meetings. Therese lives in Raleigh, NC, with her cats Savannah and Charity, and a very opinionated bunny named Stella.

Q: To start, can tell us a little bit about your background and what brought you to the world of environmental advocacy work?

Therese: Well, I actually started out in a small town in Eastern North Carolina, working at a pharmacy. This was back in the very early ‘90s and a proposal for the world’s second largest hazardous waste incinerator landed on our county about six miles from my home. And this is a county that had no hospital. We had a volunteer fire department, but we had no haz-mat, none of that kind of infrastructure. That’s how I got involved in grassroots environmental work. I was a volunteer for years. Then I came on staff with Blue Ridge Environmental Defense League (BREDL) and was supported by a local organization – the North Hampton Citizens Against Pollution -through a small grant. I left my job at the drug store after about 15 years and went to work on a bunch of different issues, not just the hazardous waste incinerator, which we eventually defeated. I worked with BREDL for about three and a half years, then went back to work with my husband in his business and raised my kids but stayed active with local community groups off and on. I came here to the Triangle to complete my education in psychology and human services. I called the executive director of BREDL to let them know I was living here in Raleigh; I knew that they came to Raleigh sometimes. They offered me a job, I graduated, and I came back to work for BREDL. So that’s kind of how I ended up where I am right now. I have been volunteering and working on grassroots environmental issues for over 20 years.

Q: Now that you are back with Blue Ridge Environmental Defense League, what sorts of projects have you been working on?

A: It can change from one day to the next, but my biggest areas of work are on fracking, of course, disposal of coal ash, and air quality in particular. I’m also working on pipelines. The Atlantic Coast Pipeline is proposed to go through North Carolina. My co-worker and I are working with communities opposing that. And we work on myriads of other issues. We are community organizers, but we not only doing the organizing, we do a lot of research and technical assistance and watchdog regulatory agencies and things like that as well. That is another big part of my job, is public records and investigations and things like that.

Q: You also do a lot to communicate your findings to the public by way of your blog, From Where I Sit. How do you think that work has made a difference in helping community to understanding the political landscape of gas development?

A: How that blog came about was, I was attending many, many meetings. I can’t even tell you how many, I would say 100 meetings of the Mining and Energy Commission and their various committees, which were very hard to sit through and very frustrating. I wrote this really sarcastic report to our executive director and it was kind of funny too. He said, you know what, you need to start writing a blog before you lose your mind. So that is where it started. It was fun, but also serious. It’s a good organizing tool. In the court of public opinion, it is a good tool for communities to use and to let the general public know that this is something good we are doing for the community, for our community. I mean, it’s something that has to be done because we are just not being protected like we should be. And I don’t see that changing any time soon.

Fighting for Government Transparency

Q: How has all of this work that you are involved in shaped your feelings on the importance of making information and data available to the public?

A: Back in the ‘90s there were these proponents of the incinerator who were very assertive about how we needed the incinerator and how it was going to help the state and all of this stuff. People just had never known them to be active politically so they knew something was going on – all the proponents said, “oh we have nothing to gain from this, nothing. We just think it’s a good idea and blah, blah, blah.” So when I went to the state to do a file search, the first one I had ever done, nervous as I could be, and I found three options from three of the biggest proponent land owners with the company – they were selling their land to the company for the hazardous waste incinerator. Nobody knew this. And I so I paid my 25 cents a page, copied them, and hurried back home from Raleigh to the little town I lived. Long story short, it was a really big story. It was a statewide story and I got some threats, some anonymous threats, and I had a lawyer that call me saying I had no right to those documents. I ended up hanging up on him. Anyway, that kind of got me hooked on the power of having information.

Q: Have you found a similar sense of importance in working with oil and gas related data? I know, for instance, you have done a lot of writing about Halliburton having deep political ties in your area.

A: Well the Halliburton one, Greenpeace did some reporting on that piece and it got national attention. Most of the Mining and Energy Commission stuff is pretty mundane, but this one commissioner was not careful. I requested specific information about if they had met with certain individuals—all the commissioners, it was a request to all the commissioners. I wanted calendar entries and all that stuff. It took them a little bit to get me the information. But then this one commissioner he had it all in a folder that was marked Halliburton. I was stunned. There was this guy, Bowen Health, and he was a registered lobbyist for Halliburton. And this Commissioner, George Howard, he was on the Mining and Energy Commission. He had this folder marked Halliburton. Now, compared to other places of the country we had a pretty strong chemical disclosure law. And Halliburton essentially nixed that. They got that backed up. But this commissioner, he had a calendar entry on December 5th, 2012, from 5:30-6:00pm, there with Bowen Health, the Halliburton lobbyist. All of the commissioners had just maintained, over and over and over again, “We haven’t had any contact with Halliburton.” That is what led me to request the records and there it was, just in black and white. And, I tell you what, it made some of them really mad at him.

Q: What would you say, at this point, is the biggest challenge moving forward with this work?

A: I think the current anti-regulatory frenzy at the state level, the lack of care and concern for public health and the environment at the state level, and the rush to exploit oil and gas in North Carolina at any cost. Those would be the three biggest challenges you have to battle every single day. You’ve got the same philosophy at the head of the environmental agency that you have in the governor’s mansion and in the legislature. People that don’t—at least say they don’t—believe in climate change. People that think that fracking is fine. People that think that offshore drilling is great. Conservative folks, and I’m not political, but that’s one thing that kind of astounded me at the beginning of this. Forced pooling is legal in North Carolina, and it has been since the ‘40s. The fact that people who consider themselves believers in personal and private property rights support, or don’t repeal, that law just was stunning to me. I’m seeing the same thing with imminent domain and the pipelines. So the fact that all this stuff can be ignored, and with the legislature, the governor, and the Department Environment and Natural Resources having that same philosophy, makes it difficult, but not impossible.

Q: So how do you overcome the challenges of anti-disclosure and anti-regulatory sentiments?

A: You have to continue to try to expose what is going on. And, actually, I have got a huge request that I have been going through on coal ash that has some of what I was just telling you about. You have to expose what is going on to educate the public. You have to develop strategic plans within the bigger organization and at the community level, because you just have to be prepared for whatever comes next. And working at the grassroots is the most important thing – folks working in local communities with their local governments, that is the most important thing.

Q: If there was one thing that you would communicate to people or groups that are getting off the ground to deal with similar problems in other parts of the country, what would you say to those individuals?

A: We only have to last one day longer than they do. In other words, don’t give up. If you need to take a little break then take a break, but try to celebrate along the way because it’s hard work. It’s very, very hard work and it can be very depressing and stressful, especially when you are living in a targeted community or you are living with a problem. Try to have fun when you can find it.

Q: Is there anything else that you would like to mention that is important to you personally?

A: I just wanted to say – about the Community Sentinel Award – I wanted to lift up the communities that I work with. Over time they become friends, and they are the heroes. They are the heroes, and I couldn’t do the kind of work that I do without them.

Interview with Craig Stevens – Sentinel Award Winner

Kirk Jalbert, FracTracker’s Manager of Community Based Research & Engagement, interviews Craig Stevens, one of FracTracker’s 2015 Community Sentinels Award Winners.

CraigStevens&MarkRuffalo

Craig Stevens (on right) with actor Mark Ruffalo

Craig Stevens is a 6th generation landowner from Silver Lake Township in Susquehanna County, Pennsylvania. Craig and his neighbors have experienced first-hand the truck traffic, noise, air pollution, and water contamination issues that often accompany shale gas extraction. Beginning in 2011 Craig began arranging tours of Susquehanna Co. to share affected residents’ stories with the press. This work has attracted citizens, journalists, elected officials, and celebrities from all over the world who now see Susquehanna Co. as an example of what could happen in their own backyards. We spoke with Craig about his work.

Q: Perhaps we can start by telling the readers your story, how you come back to Pennsylvania and how this led to your advocacy work related to oil and gas development?

Craig: Well, I was born in California in 1960, lived there for 46 years. Then my dad got sick in 2006; he was diagnosed with terminal esophageal cancer. My brother and sister and I ended up inheriting the ancestral 115-acre property. I had visited there my whole life, every couple of years, but I knew nothing about oil and gas or coal or any extraction methods and pretty much grew up at the beach in Southern California. Nobody in the family wanted to keep the family property, so I moved up here in January of 2010. The first thing I did was to check the deed to make sure that it had been transferred to our names. That’s when I found a gas lease for the property. On my father’s deathbed, he told us not to have anything to do with the industry, that he had refused to sign a lease. But then I did my research and found out Chesapeake Energy had signed my 95 year old grandmother, who was living in a nursing home, to a ten year oil and gas lease. My grandmother was a tenant but did not own the property. In Pennsylvania, and many other states, you can’t transfer mineral rights to anybody that’s a life tenant because that is part of a real estate deal. But they did it, they recorded it on our deed, tying up all of our mineral rights and giving it to Chesapeake Energy.

The second thing that got me fired up was when I was riding my three-wheeler and found a company had staked out a half-mile area right down the middle of our property. They were looking to put in a 16-inch pipeline without our permission or knowledge. So I pulled all the stakes out, went into town, and found the company. They right there offered me money. They said, well, we are going to put this in and we appreciate it if your family signed up, because we need to get this gas to market. After I refused their offer they told me all my neighbors had signed along the route already and I was going to be holding things up. Then they said, the state wants us here and they are going to give us Certificate of Public Convenience, so we are going to take your property either way. So that was my introduction to the gas industry.

Q: You have said in the past that we need to think about how we deal with shale gas extraction’s impacts as a matter of helping each other deal with civil and human rights abuses. Can you explain what you mean by that?

A: I was raised always to think globally, but act locally. Because everything that happens in our lives happens in our backyard and that is where things go. I was very politically active from a young age. My father got us all politically active. My older brother and my younger sister, at 10 years old, 8 years old, we were going to city council meetings and town council and county commission meetings, just because my dad was interested in what was going on in his community. Back then my neighbors in Dimock, PA, were having a problem. So I thought, I better find out what’s happening. Not only help them, because they are having a problem that doesn’t look like it’s resolved, but also to help prevent it from coming to Silver Lake Township. I always try to help people that are having a problem, especially with big people and bullies. So it was natural for me to stand with them and I started to tell my own story at the same time.

The Citizens’ Perspective

Q: Tell me about some of the projects you have been involved in that bring the public into shale gas debates. For instance, I know you organize regular tours of gas fields. Who attends these tours? What do you think they learn from visiting gas communities?

A: We’ve had 40 sitting assembly members and 8 state senators from New York State visit Susquehanna Co. We have had hundreds of mayors and town supervisors and country commissioners come and see first hand from a citizens’ perspective. We have had 60 countries come and send their public television stations. One of our tours was with Sean Lennon, Yoko Ono, Susan Sarandan, Arun Gandhi (Gandhi’s grandson) and Josh Fox. They had 35 journalists with them, including Rolling Stone. When they come we tell these people, also go take an industry tour, so they can see the other side. We encourage it because we don’t want them to think we are just bashing them and that they don’t get to defend themselves. Our thing was, if we highlight what is happening in our little neck of the woods then we could educate by showing the truth and affect the debate. Of course we were attacked viciously by the oil and gas industry, and by Energy in Depth, but also by the local elected officials that were pro-gas.

Q: This obviously requires a community effort. How have people and organizations in the area come together through these actions, and have they been able to develop more power by not just working as individuals?

A: Well here is the interesting thing. When I moved here, there were about 50 people that would show up at public meetings to discuss their first-hand experiences. These were people from Dimock, PA, and other surrounding areas. Besides that, there really was no collective organizing in Northeastern Pennsylvania. But we found that, by telling our stories, we brought the interest of organizations like New Yorkers Against Fracking and Mark Ruffalo’s group, Water Defense. They started to adopt us. I and other families started to travel all over, not only in New York but also in New Jersey and Ohio, to educate people. I realized that I was meant to take these stories further out. I took them to all these State Houses — North Carolina, Florida, Maryland, New York, New Jersey, Ohio. In California I was allowed to go and sit with the Governor’s entire Cabinet in his executive office. I was very proud to go there since I grew up in California.

Q: In the bigger picture of protecting our environment, why do you think it’s important for concerned citizens to get involved in these kinds of activities?

A: I have four children who will not live on the same clean planet that I did; as dirty as we thought it was in the ‘60s and ‘70s when I grew up, this is going to make that look like the heyday of environmental cleanliness. I’m doing this because I really believe this is a generational suicide we’re experiencing. By not telling this story, I would be complicit. When people see the gas company’s commercials and hear the radio ads, it sounds like the truth because it’s coming from credible people. By facing up to these giants, and showing people that you can do it and win like in New York, that can start a grassroots fire all around the world. And that has happened if you look at what is happening in England and Poland and Spain and France and Germany. We are proud to be part of that movement.

Q: What would you say is the most valuable insight you have learned from working with people fighting the gas industry?

A: The most valuable lesson for me is that people power trumps corporate power. People sometimes just don’t realize that they have an inner strength – that an average person who knew nothing about this five and a half or six years ago can get involved and become leaders. I’m more excited today than ever. I went to Florida. They have some very bad chemical non-disclosure bills. Right now we have 15 counties and 35 cities in Florida that have passed resolutions for bans of fracking for oil or gas in Florida. Maryland is safe until October of 2017 because of their moratorium. So what we are doing is working. I try to remind people, and everyone out there should know this, that you are a federal citizen, the same you are a citizen of the state or Commonwealth or republic that you live in. You are protected constitutionally and legally as a federal taxpayer. So the federal government can’t just throw us to the wolves of these individual states. They have to act. If they don’t, then they need to step down and let somebody get in there that has the health and safety of their citizens at the top of their list of what they are supposed to be doing every day in their position of power.

 

 

Drilling, Emergency Preparedness, & Public Engagement

By Danny Kallich, Southwest Pennsylvania Environmental Health Project

This article examines whether emergency responders are prepared in rural areas for oil and gas drilling emergencies, how people may be put at risk if the proper procedures aren’t in place, and other critical safety questions that citizens in Southwest Pennsylvania should be asking.
Drilling and populations as they relate to emergency preparedness in SW PA

Maps of wells per sq. mile and people per well in Washington County, PA

The rapid spread of unconventional natural gas development (UNGD) across Pennsylvania has highlighted the need for state, county, and municipal agencies to regulate industry activity and protect the public on several fronts. In particular, comprehensive emergency preparedness and response specific to natural gas development is an obvious necessity for residents living within close proximity of wells, compressor stations, and other stages of UNGD.

While experts in the field of emergency planning are rightfully responsible for creating and executing emergency plans, the Federal Emergency Planning and Community Right to Know Act of 1986 (EPCRA) defines citizens’ rights to engage in the process, both through open records requests and public meetings with local emergency planners. EPCRA establishes roles and requirements for emergency planners while clarifying the rights of citizens to engage in dialogue with those responsible for safety about potentially harmful industrial activity in their community.

Unique Emergency Preparedness Challenges

UNGD presents a unique set of challenges for residents and emergency planners. The high likelihood that UNGD will be located in a rural area not typically supporting industrial use argues for the need for special treatment by emergency planners. Furthermore, responding to a UNGD emergency requires specialized training that is not mandated for local first responders, often volunteer fire fighters. While local first responders cannot be expected to specialize in UNGD related emergencies, it takes many hours for the contracted well-fire specialists, Texas-based Wild Well Control, to arrive and mitigate an emergency situation. The interim period between the arrival of local and county first responders and the arrival of Wild Well Control is, nonetheless, a critical time during which a system for consistent updates to nearby residents should be a priority. An emergency situation, as demonstrated by the February 11, 2014 Chevron Appalachia well fire, discussed below, can affect a community in a variety of ways, even if evacuation is not necessary.

Chevron Appalachia Incident, Greene County, PA

Testing The System:

Using Right-To-Know requests to gauge transparency & citizen awareness

The opportunities for citizen comment and engagement with emergency planners are limited and not well publicized. The dearth of clear and consistent means of communication between residents and those responsible for emergency planning provides a noteworthy opportunity to test the provisions of EPCRA as they relate to UNGD.

In this regard, testing the emergency response system related to oil and gas drilling emergencies is intended to analyze existent emergency plans, municipal preparedness, communication between county, municipal, and industry emergency planners, and perhaps most importantly, how much of this information is available to citizens.

The transparency of the system was tested by filing Right-To-Know requests. These public information requests were filed with nine municipalities in various counties across the state of Pennsylvania. All filed requests specifically asked for “all available county, municipal, and company generated emergency plans” in relation to specific well sites. One request asked for emergency plans generated by an elementary school in relation to a well site within approximately a half-mile.

Of these nine requests, three were fulfilled with returned emergency plans. Of the remaining six requests, five were not fulfilled because no emergency plan existed on record in the municipality. Initially, the request for the elementary school emergency plan was unable to be met by the municipal open records officer because no plan existed. Two months after that request, an unsolicited response from the same individual was received stating that the now-existent plan could not be shared because of security issues. A final question posed to the open records officer asked what concerned parents might be able to do to prepare themselves for emergency situations. This question, too, was deemed unanswerable due to security reasons. Another unmet municipal request was redirected to a county emergency planner who stated that the company generated plan was not theirs to distribute. Of the three emergency plans received, only one made any specific mention of residents living within close proximity; this response merely stated the number of nearby houses. Excluding GPS coordinates, no plan addressed any other infrastructure specific to the surrounding area, indicating a broad generality to their application.

The fact that six out of nine queried communities in PA were unable or unwilling to provide emergency response plans is highly concerning. These findings, when considered in the broader national context, indicate a significant chance that UNGD specific emergency planning and necessary communication with the public is deficient, particularly on the municipal level.

What Communities Need

Lack of specificity, inter-agency communication, and transparency indicate that the potential of EPCRA to benefit citizens has been largely untapped during the Marcellus Shale boom relative to emergency planning. Residents living within close proximity to UNGD should not only be apprised of emergency risk and strategy before an emergency arises, they should have a clearly accessible venue through which to voice concerns, needs, and recommendations. Furthermore, residents have valid reason to demand greater public oversight of current emergency planning efforts when the overwhelming majority of publicly available emergency plans fail to provide any information useful to a layperson.

Currently, there are communities in which the questionable practice of locating UNGD within a half-mile of elementary schools and other sensitive areas continues. In such areas, every effort must be made to develop, institute, and practice emergency plans prioritizing the concerns, safety, and coordination of local residents. Recommendations for improved transparency include:

  1. Make publicly available site-specific plans,
  2. Hold regular public meetings, and
  3. Prioritize communication between emergency responders and residents during emergency events

We encourage residents who are concerned about what their community is doing for UNGD-specific emergency planning to contact their local emergency responders and attend Local Emergency Planning Committee meetings in their county to advocate for such measures.

About EHP

The Southwest Pennsylvania Environmental Health Project (EHP) is a nonprofit environmental health organization created to assist and support Washington County residents who believe their health has been, or could be, impacted by natural gas drilling activities. Their Mission is to respond to individuals’ and communities’ need for access to accurate, timely and trusted public health information and health services associated with natural gas extraction.

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Interview with Dorina Hippauf – Sentinel Award Winner

Kirk Jalbert, FracTracker’s Manager of Community Based Research & Engagement, interviews Dorina Hippauf, one of FracTracker’s 2015 Community Sentinels Award Winners.

dorina_hippauf

Dorina Hippauf is the Chair of the Research Committee for the Gas Drilling Awareness Coalition (GDAC) of Luzerne County, Pennsylvania, and a contributing member of the Shale Justice Coalition. When a landman came knocking on her door in 2010, offering riches in exchange for a gas lease, Dory took the old saying of “if it sounds too good to be true, it probably isn’t” to heart. This was the starting point that led to her dedicated exploration of the industry’s practices and the creation of the Shale Players project, which now contains over 10,000 entries of who is connected to who in the industry. Dorina is one of three recipients of the 2015 FracTracker Community Sentinels Award. Here we talk with Dory about her work to connect the dots between board rooms, lobbyists, PR firms, astroturf organizations, and government agencies that promote the agendas of the gas industry.

 

Q: Dorina, perhaps we can begin by your telling me a bit about what brought you to advocacy work related to oil and gas development?

Dorina: What got me into the whole issue of gas drilling was, one, when I was driving to work, I would see flares on hillsides and I didn’t really understand what was going on.  You know, there were big, large flames and my first thought was, something is on fire. Then I realized that from the way it was flaming, it was contained. But I still didn’t know what was going on. And then we had a land man come knock on our door and start offering us a lease. And we only have three quarters of an acre. Originally he was offering $1,000 an acre and when we said we only have three quarters of an acre, he dropped the price to $750. Everything just didn’t sound right. So I started doing some online investigating. I came across the GDAC, which is a local grassroots group in our area. I started attending meetings and I got involved from there.

The big driller here that was signing everybody up was Encana, which is of course based out of Canada. They did three test wells in our area. All three came up dry. Basically we are right at the edge of the productive end of the Marcellus Shale. Encana, shortly after they finished up the last test well, released everybody from their leases and left town in 2011. But I remained active with GDAC because I realized they have to get the gas to market. We’re located along the Transcontinental Pipeline, an ideal place for them to connect to gas hubs for gathering lines. So I knew the whole issue of gas drilling wasn’t going to be over with just Encana leaving our area.

 

The Shale Players Project

Q: I know that one of the projects that you were instrumental in founding was the Shale Players project. Tell me more about that project, how it began, and what its status is presently?

A: I was at a GDAC meeting and somebody was talking about Encana and the question was asked, who is Encana? So I started Googling them and getting some information and this lead to other connections and I realized that just jotting things down on a piece of paper wasn’t going to give the whole picture. A lot of these companies are all interconnected one way or the other. I created this spreadsheet that grew into the Shale Players project. I have lists of the executives that work at these companies, the Board of Directors, politicians that are connected to them, other front groups, trade agencies, Astroturf, PR firms, and lobbying groups. It has grown to over 10,000 entries now.

Dorina explains Shale Players in her video “Connecting the Dots”

Q: How have you disseminated your findings and what are some of the results that you have seen come from this research?

A: Anyone who wants it, I give it to them. It’s also online on Google Docs. What I hope to do eventually is find someone that is able to put this into a format so it’s searchable online. So that when you type in somebody’s name or a company, it shows all of those connections. I update the online version every three or four months. As for what we’ve done with the results, the Public Accountability Initiative used it when they did their expose on Pennsylvania and gas drilling. Walter Brasch also cited a lot of my work in his book Fracking Pennsylvania. Other groups are using it because they go looking for information on a company that they may be dealing with.

Q: You also do a fair amount of blogging too, correct?

A: Yes, my blog is Frackorporation. When I blog, I usually try to show the connections to the genealogy of some of these organizations to give people a better idea of who they are really dealing with. So many people are looking for a single villain to blame. But it’s all interconnected. And that’s what I’m trying to show people, that this is more than just drilling and fracking and dealing with one company, it also extends to the whole issue of lobbying, the citizen united decision, and with unlimited donations to candidates. A lot of money gets passed around. Alec is involved, the Koch brothers are involved. A lot of big names.

 

 

We’re in for the long haul

Q: How do you think your work has made a difference in the public’s understanding of the political and economic landscape of the gas industry?

A: Well, to some extent, it discourages people because they see how large and involved it is. But on the other hand, it also makes them angry and they realize that you have to deal with this issue on a lot of different levels, both in terms of environmental impact, getting the community involved, and that its important to get involved politically. Also, it helps them to determine who to contact if they want to write a letter to a company. Too often we will just send it to the spokesperson who is just reading a script, but that is not whose attention you want to get. Also, the shareholders, they often don’t realize what the company is really doing. If you own one share of a company, you can go to their meetings and make a lot of noise.

Q: So this really is about building community and not just about collecting data. This relates to another project you are involved in called the Shale Justice Coalition. Can you tell me more about the Coalition?

A: The Shale Justice Coalition is a coalition of grassroots groups. Our overall objective is to stop the practice of fracking and to promote alternative energy as a better option. We have members in four or five in the states now as well as some from England and Ireland. Lots of information gets passed around as a result of the coalition — things that are going on in Ohio that we may not know about, things that are going on in New York — we try to share the information, get people interested and make them more aware of the bigger picture of the industry. Many of these groups will get a hold of me personally and ask me to write up a blog post about what is going on in their area. The media is not paying attention. With the Seneca Lake gas storage project there was some emails that were uncovered where Crestwood was telling its employees to boycott all businesses in the towns surrounding the lake that opposed the storage facility. Local groups had tried to get it to reporters who put it on the back burner and didn’t follow-up. I blogged about it, then it got picked up on social media, then the papers finally picked it up. Yeah, I mean, sometimes you have to rattle the cages.

 

 

Q: How has this work changed your perspective on the role of making information and data available to the public, in terms of making for better environmental protection?

A: It’s important to get this information out there, to make it readily accessible, easy for people to find and to use. I always thought when I first started this, that I could find one website where I could do a search on companies specifically for fracking and gas and oil drilling. But there wasn’t any. So in a way, with the Shale Players project, I’ve had to fill that niche. Also, a lot of the information I tend to find online I don’t know where they got their information. I take great pains to make sure whatever I put out there has the source link to it, so people can go and look for it themselves.

Q: So what is next for you Dory? What kind of new projects are you planning?

A: At the moment we are fighting the pipelines. I’ve been going around doing presentations at the request of organizations. Talking about what is going on with FERC and how the FERC process works. Letting people know what they need to be aware of the easement agreements and that they do have to negotiate. Just saying “no” to the easement and taking it to the point of imminent domain, if that is the course the company takes, isn’t enough. You have to show good faith and some attempt at negotiating an easement. Otherwise, when you go before the judge, he’s going to side with the company. Unfortunately, I think with these pipelines, unless we get more action from people, these pipelines are going to go through.

 

 

Q: Is there anything that you would communicate to other people and groups that are trying to get off the ground to deal with issues related to oil and gas?

A: Yes. One of the biggest things I keep hearing from people is that, when we have meetings or presentations or newspaper articles or whatever, we are only preaching to the choir. But what these groups have to realize is that the choir is growing. Every pipeline and every gas well sparks a new group of concerned people. So, the choir is growing and people are listening. It does get discouraging. It feels like you are losing at Whack-a-Mole. You are not going to get your cookies right now. And there is no one magic bullet that is going to fix everything. You have to deal with FERC, you have to deal with DEP, you have to deal with the government agencies that are involved. You have to consider who your legislators are. And you just can’t get discouraged. Take a break, stay off the computer for a week, recharge your batteries, and get back into it. You are in it for the long haul and you have to be able to make that commitment.

Q: Do you have any concluding thoughts for our readers?

A: People need to get local and be vocal. Tip O’Neil said, all politics are local and that is where it’s going to start. It’s like that movie, Groundswell. That’s grassroots. It starts from the bottom up to make real change. You can’t look at the federal government to fix it for you and the state government isn’t going to fix it either. You have to start locally and building the momentum there. And don’t give up.

Maps of Updated Central Penn Pipeline Emphasize Threats to Residents and Environment

By Sierra Shamer, Guest Author

The Atlantic Sunrise Project or Central Penn Line is a natural gas pipeline Williams Companies has proposed for construction through eight counties of Central Pennsylvania. Williams intends to connect the Atlantic Sunrise to their two Transco pipelines, which extend from the northeast to the Gulf of Mexico. FracTracker discussed and mapped this controversial project as part of a blog entry in June of 2014; since then, the Atlantic Sunrise Project has been, and continues to be, a focus of unprecedented opposition. While supporters of the pipeline stress how it may enhance energy independence, economic growth, and job opportunities, opponents cite Williams’ poor safety records, their threats of eminent domain, and environmental hazards. This article provides details and maps pertaining to these threats and concerns.

Atlantic Sunrise: Project Overview

The Atlantic Sunrise Project would add 183 miles of new pipeline through the construction of the Central Penn Line North and the Central Penn Line South. The proposed Central Penn Line North (CPLN) begins in Susquehanna County, continues through Wyoming and Luzerne counties, and meets with the Transco Pipeline in Columbia County. With a 30 inch in diameter, it would allow for a maximum pressure of 1,480 psi (pounds per square inch). The proposed Central Penn Line South (CPLS) begins at the Transco Pipeline in Columbia County, and continues through Northumberland, Schuylkill, and Lebanon counties, ending in Lancaster. It would be 42 inches in diameter with a maximum pressure of 1,480 psi. The Atlantic Sunrise project also involves the construction of two new compressor stations, one in Clinton Township, Wyoming County, and the other in Orange Township, Columbia County. Finally, to accommodate the daily 1.7 million dekatherms (1 dekatherm equals 1,000 cubic feet of gas or slightly more than 1 million BTUs in energy) of additional natural gas that would flow through the system, the project proposes the expansion of 10 existing compressor stations along the Transco Pipeline in Pennsylvania, Maryland, Virginia, and North Carolina. Although the Atlantic Sunrise Pipeline would be entirely within Pennsylvania, it is permitted and regulated by the Federal Energy Regulatory Committee (FERC) because through its connection to the Transco Pipeline, it transports natural gas over state lines.

Updated Central Penn Pipeline Route

On March 31, 2015, Williams filed their formal application to FERC docket #CP15-138. Along with the formal application came changes to the pre-filing route of the pipeline that was submitted in the spring of 2014. The route of the Central Penn Line North has been modified since then by 21%, while the Central Penn Line South has been rerouted by 57%.

Williams’ application comprised of hundreds of attached documents, including pipeline alignment sheets for the entire route. Here is one example: 

alignment_sheet_example

These alignment sheets show the extent of William’s biological investigation, the limits of disturbance, the occurrence of stream and wetland crossings, and any road or foreign pipeline crossings. Absent from the alignment sheets, however, is the area around the right-of-way that will be endangered by the presence of the pipeline. This is colloquially known as the “burn zone” or “hazard zone”.

What are “Hazard Zones”?

A natural gas pipeline moves flammable gas under extreme pressure, creating a risk of pipeline rupture and potential explosion. The “potential impact radius” or “hazard zone” is the approximate area within which there will be immediate damage in the case of an explosion. Should this occur, everything within the hazard zone would be incinerated and there would be virtually no chance of escape or survival. Based on pipeline diameter and pressure, the hazard zone can be calculated using the formula: potential impact radius = 0.69 * pipeline diameter * (√max pressure ).

Based on this formula, the hazard zone for the Central Penn Line North, with its diameter of 30 inches and maximum pressure of 1,480 psi, is approximately 796 feet (243 meters) on either side of the pipeline. The hazard zone for Central Penn Line South, with its diameter of 42 inches and maximum pressure of 1480 psi, is 1,115 feet (340 meters) on either side.

Many residents are unaware that their homes, workplaces, and schools are located within the hazard zone of the proposed Atlantic Sunrise Pipeline. Williams does not inform the public about this risk, primarily communicating with landowners along the right-of-way. The interactive, zoomable map (below) of the currently proposed route of the Atlantic Sunrise, Central Penn North and South pipelines depicts the pipeline right-of-way, as well as the hazard zones. The pipeline route was digitized using the alignments sheets included in Williams’ documents submitted to FERC. You can use this map to search home, work, and school addresses to see how the pipeline will affect residents’ lives and the lives of their communities.

Click in the upper right-hand corner of the map to expand to full-screen view, with a map legend.

Affected Communities

Landowners & Eminent Domain

Landowners along the right-of-way are among the most directly and most negatively impacted by the Atlantic Sunrise Pipeline, and other similar projects. Typically, people first become aware that a pipeline is intended to pass through their property when they receive a notice in the mail. Landowners faced with this news are on their own to negotiate with the company, navigate the FERC permitting and public comment process, and access unbiased and pertinent information. They face on-going stress, experiencing pressure from Williams to sign easement agreements, concern about the effects of construction on their property, and fear of living near explosive infrastructure. They must also consider costs of legal representation, decreases in property value, and limited options for mortgage and refinancing.

Sometimes, landowners in a pipeline’s right-of-way choose to not allow the company onto their property to conduct a survey. Landowners may also refuse to negotiate an agreement with the pipeline company. In response, the pipeline company can threaten to seize the property through the power of eminent domain, the federal power allowing private property to be taken if it is for the “public use.”

The law of eminent domain states that landowners whose properties are condemned must be fairly compensated for their loss. However, most landowners feel that in order to be fairly compensated by the company, they must hire their own land appraiser and attorney. This decision can be costly, however, and may not be an option for many people. The legitimacy of Williams’ intent to use eminent domain is contested by opponents of the project, who cite how “public use” of the property provides no positive local impacts. The Atlantic Sunrise Pipeline is intended to transport gas out of Pennsylvania through the Transco, so the landowners in its path will not benefit from it at all. Further, it connects to a network of pipelines leading to current export terminals in the Gulf of Mexico, as well as controversial planned export facilities like Cove Point, MD .

Throughout Pennsylvania, communities have responded to the expansion of pipelines, and to the threats of large companies like Williams. The need for landowner support has been addressed by organizations such as the Shalefield Organizing Committee, Energy Justice Network, the Clean Air Council, the Gas Drilling Awareness Coalition, and We Are Lancaster County. These organizations have worked to provide information, increase public awareness, engage with FERC, and develop resistance to the exploitation of Pennsylvania’s resources and residents. Director Scott Cannon of the Gas Drilling Awareness Coalition has documented firsthand the impacts of unconventional drilling in Pennsylvania through a short film series called the Marcellus Shale Reality Tour. The most recent in the series relates the stories of two landowners impacted by the Atlantic Sunrise Pipeline in the short film Atlantic Sunrise Surprise.

Environmental Review

Theoretically, environmental review of this proposed pipeline would be extensive. Primary decision-making on the future of the Atlantic Sunrise rests with FERC. Due to the National Environmental Policy Act of 1969 (NEPA), all projects overseen by federal agencies are required to prepare environmental assessments (EAs) or environmental impact assessments (EIAs). Because FERC regulates interstate pipelines, EA’s or EIA’s are required in their approval process. These assessments are conducted to accurately assess the environmental impacts of projects and to ensure that the proposals comply with federal environmental laws such as the Endangered Species Act, and the Clean Air and Water Acts. On the state level, the Pennsylvania Department of Environmental Protection (PA DEP) issues permits for wetlands and waterways crossings and for compressor stations on regional basis.

Core Habitats, Supporting Landscapes

The route of the Atlantic Sunrise Pipeline will disturb numerous areas of ecological importance, including many documented in the County Natural Heritage Inventory (CNHI). The PA Department of Conservation and Natural Resources conducted the inventory to be used as a planning, economic, and infrastructural development tool, intending to avoid the destruction of habitats and species of concern. The following four maps show the CNHI landscapes affected by the current route of the Atlantic Sunrise pipeline (Figures 1-4).

Figure 1

Figure 1. Columbia & Northumberland counties

Figure 3. Lebanon County

Figure 2. Lebanon & Lancaster counties

Figure 3. ddd

Figure 3. Threatened Core Habitats

Figure 4. Schuyklill

Figure 4. Schuyklill & Lebanon counties

The proposed pipeline would disrupt core habitats, supporting landscapes, and provisional species-of-concern sites. According to the Natural Heritage Inventory report, core habitats “contain plant or animal species of state or federal concern, exemplary natural communities, or exceptional native diversity.” The inventory notes that the species in these habitats will be significantly impacted by disturbance activities. Supporting landscapes are defined as areas that “maintain vital ecological processes or habitat for sensitive natural features.” Finally, the provisional species of concern sites are regions where species have been identified outside of core habitat and are in the process of being evaluated. The Atlantic Sunrise intersects 16 core habitats, 12 supporting landscapes, and 6 provisional sites.

Active Mine Fires

Map5-GlenBurn

Figure 5. Glen Burn Mine Fires

The current route of the Atlantic Sunrise intersects the Cameron/Glen Burn Colliery, considered to be the largest man-made mountain in the world and composed entirely of waste coal. This site also includes a network of abandoned mines, three of which are actively burning (Figure 5).

The pipeline right-of-way is roughly a half-mile from the closest burning mine, Hickory Swamp. These mine fire data were sourced from a 1988 report by GAI Consulting Inc. The time frame for the spread of the mine fires is unknown, and dependent on environmental factors. Mine subsidence — when voids in the earth created by mines cause the surface of the earth to collapse — is another issue of concern. Routing the pipeline through this unstable area adds to the risk of constructing the pipeline through the Glen Burn region.

Looking Ahead

The Atlantic Sunrise Project has received an unprecedented level of resistance that continues to grow as awareness and information about the threats and hazards develops. While Williams, FERC, and the PA DEP negotiate applications and permits, work is also being done by many non-profit, research, and grassroots organizations to investigate the environmental, cultural, and social costs of this pipeline. We will follow up with more information about this project as it becomes available.


This article was written by Sierra Shamer, an environmental mapper and activist. Sierra is a member of the Shalefield Organizing Committee and holds two degrees from the University of Maryland, Baltimore County: a B.A. in environmental studies and an M.S. in geography and environmental systems.