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Foreign Trade Zone Sign Feature

Industry Targets Peaceful Protest via “Critical Infrastructure” Legislation

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)

 

Figure 1. Number of Foreign-Trade Zones (FTZ) by state as of June 2020.

Figure 2. Foreign-Trade Zone (FTZ) Board of Actions in Zones 87 in Lake Charles, LA, 115-117 in and around Port Arthur, TX, and 122 in Corpus Christi, TX. (click on the images to enlarge)

 

Foreign-Trade Zone (FTZ) Board of Actions in Zone 87 in Lake Charles, Louisiana

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 Zones 115-117 in and around Port Arthur, Texas

Foreign-Trade Zone (FTZ) Board of Actions in Zone 122 in Corpus Christi, 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

 

Desperate Backlash Against Peaceful Protest

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.”

RISE St. James

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.

 

Further Criminalization of Protest, Protections for Law Enforcement

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.”

 

 

Dangerous Work

FracTracker collaborated with Crude Accountability on a report documenting increasing reprisals against environmental activists in the US and Eurasia. Read the Report.

 

A Wave of Anti-Protest Laws in the COVID-19 Era

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.”

Foreign-Trade Zone Sign

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.

Related Legislation in Need of Immediate Attention

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.

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National Energy and Petrochemical Map

FracTracker Alliance has released a new national map, filled with energy and petrochemical data. Explore the map, continue reading to learn more, and see how your state measures up!

The items on the map (followed by facility count in parenthesis) include:

         For oil and gas wells, view FracTracker’s state maps. 

This map is by no means exhaustive, but is exhausting. It takes a lot of infrastructure to meet the energy demands from industries, transportation, residents, and businesses – and the vast majority of these facilities are powered by fossil fuels. What can we learn about the state of our national energy ecosystem from visualizing this infrastructure? And with increasing urgency to decarbonize within the next one to three decades, how close are we to completely reengineering the way we make energy?

Key Takeaways

  • 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.
  • The state generating the largest amount of solar energy is California, while wind energy is Texas. The state with the greatest relative solar energy is not technically a state – it’s D.C., where 18% of electricity generation is from solar, closely followed by Nevada at 17%. Iowa leads the country in relative wind energy production, at 45%.
  • The state generating the most amount of energy from both natural gas and coal is Texas. Relatively, West Virginia has the greatest reliance on coal for electricity (85%), and Rhode Island has the greatest percentage of natural gas (92%).
  • With 28% of total U.S. energy consumption for transportation, many of the refineries, crude oil and petroleum product pipelines, and terminals on this map are dedicated towards gasoline, diesel, and other fuel production.
  • Petrochemical production, which is expected to account for over a third of global oil demand growth by 2030, takes the form of chemical plants, ethylene crackers, and natural gas liquid pipelines on this map, largely concentrated in the Gulf Coast.

Electricity generation

The “power plant” legend item on this map contains facilities with an electric generating capacity of at least one megawatt, and includes independent power producers, electric utilities, commercial plants, and industrial plants. What does this data reveal?

National Map of Power plants

Power plants by energy source. Data from EIA.

In terms of the raw number of power plants – solar plants tops the list, with 2,916 facilities, followed by natural gas at 1,747.

In terms of megawatts of electricity generated, the picture is much different – with natural gas supplying the highest percentage of electricity (44%), much more than the second place source, which is coal at 21%, and far more than solar, which generates only 3% (Figure 1).

National Energy Sources Pie Chart

Figure 1. Electricity generation by source in the United States, 2019. Data from EIA.

This difference speaks to the decentralized nature of the solar industry, with more facilities producing less energy. At a glance, this may seem less efficient and more costly than the natural gas alternative, which has fewer plants producing more energy. But in reality, each of these natural gas plants depend on thousands of fracked wells – and they’re anything but efficient.Fracking's astronomical decline rates - after one year, a well may be producing less than one-fifth of the oil and gas it produced its first year. To keep up with production, operators must pump exponentially more water, chemicals, and sand, or just drill a new well.

The cost per megawatt hour of electricity for a renewable energy power plants is now cheaper than that of fracked gas power plants. A report by the Rocky Mountain Institute, found “even as clean energy costs continue to fall, utilities and other investors have announced plans for over $70 billion in new gas-fired power plant construction through 2025. RMI research finds that 90% of this proposed capacity is more costly than equivalent [clean energy portfolios, which consist of wind, solar, and energy storage technologies] and, if those plants are built anyway, they would be uneconomic to continue operating in 2035.”

The economics side with renewables – but with solar, wind, geothermal comprising only 12% of the energy pie, and hydropower at 7%, do renewables have the capacity to meet the nation’s energy needs? Yes! Even the Energy Information Administration, a notorious skeptic of renewable energy’s potential, forecasted renewables would beat out natural gas in terms of electricity generation by 2050 in their 2020 Annual Energy Outlook.

This prediction doesn’t take into account any future legislation limiting fossil fuel infrastructure. A ban on fracking or policies under a Green New Deal could push renewables into the lead much sooner than 2050.

In a void of national leadership on the transition to cleaner energy, a few states have bolstered their renewable portfolio.

How does your state generate electricity?
Legend

Figure 2. Electricity generation state-wide by source, 2019. Data from EIA.

One final factor to consider – the pie pieces on these state charts aren’t weighted equally, with some states’ capacity to generate electricity far greater than others.  The top five electricity producers are Texas, California, Florida, Pennsylvania, and Illinois.

Transportation

In 2018, approximately 28% of total U.S. energy consumption was for transportation. To understand the scale of infrastructure that serves this sector, it’s helpful to click on the petroleum refineries, crude oil rail terminals, and crude oil pipelines on the map.

Map of transportation infrastructure

Transportation Fuel Infrastructure. Data from EIA.

The majority of gasoline we use in our cars in the US is produced domestically. Crude oil from wells goes to refineries to be processed into products like diesel fuel and gasoline. Gasoline is taken by pipelines, tanker, rail, or barge to storage terminals (add the “petroleum product terminal” and “petroleum product pipelines” legend items), and then by truck to be further processed and delivered to gas stations.

The International Energy Agency predicts that demand for crude oil will reach a peak in 2030 due to a rise in electric vehicles, including busses.  Over 75% of the gasoline and diesel displacement by electric vehicles globally has come from electric buses.

China leads the world in this movement. In 2018, just over half of the world’s electric vehicles sales occurred in China. Analysts predict that the country’s oil demand will peak in the next five years thanks to battery-powered vehicles and high-speed rail.

In the United States, the percentage of electric vehicles on the road is small but growing quickly. Tax credits and incentives will be important for encouraging this transition. Almost half of the country’s electric vehicle sales are in California, where incentives are added to the federal tax credit. California also has a  “Zero Emission Vehicle” program, requiring electric vehicles to comprise a certain percentage of sales.

We can’t ignore where electric vehicles are sourcing their power – and for that we must go back up to the electricity generation section. If you’re charging your car in a state powered mainly by fossil fuels (as many are), then the electricity is still tied to fossil fuels.

Petrochemicals

Many of the oil and gas infrastructure on the map doesn’t go towards energy at all, but rather aids in manufacturing petrochemicals – the basis of products like plastic, fertilizer, solvents, detergents, and resins.

This industry is largely concentrated in Texas and Louisiana but rapidly expanding in Pennsylvania, Ohio, and West Virginia.

On this map, key petrochemical facilities include natural gas plants, chemical plants, ethane crackers, and natural gas liquid pipelines.

Map of Petrochemical Infrastructure

Petrochemical infrastructure. Data from EIA.

Natural gas processing plants separate components of the natural gas stream to extract natural gas liquids like ethane and propane – which are transported through the natural gas liquid pipelines. These natural gas liquids are key building blocks of the petrochemical industry.

Ethane crackers process natural gas liquids into polyethylene – the most common type of plastic.

The chemical plants on this map include petrochemical production plants and ammonia manufacturing. Ammonia, which is used in fertilizer production, is one of the top synthetic chemicals produced in the world, and most of it comes from steam reforming natural gas.

As we discuss ways to decarbonize the country, petrochemicals must be a major focus of our efforts. That’s because petrochemicals are expected to account for over a third of global oil demand growth by 2030 and nearly half of demand growth by 2050 – thanks largely to an increase in plastic production. The International Energy Agency calls petrochemicals a “blind spot” in the global energy debate.

Petrochemical infrastructure

Petrochemical development off the coast of Texas, November 2019. Photo by Ted Auch, aerial support provided by LightHawk.

Investing in plastic manufacturing is the fossil fuel industry’s strategy to remain relevant in a renewable energy world. As such, we can’t break up with fossil fuels without also giving up our reliance on plastic. Legislation like the Break Free From Plastic Pollution Act get to the heart of this issue, by pausing construction of new ethane crackers, ensuring the power of local governments to enact plastic bans, and phasing out certain single-use products.

“The greatest industrial challenge the world has ever faced”

Mapped out, this web of fossil fuel infrastructure seems like a permanent grid locking us into a carbon-intensive future. But even more overwhelming than the ubiquity of fossil fuels in the US is how quickly this infrastructure has all been built. Everything on this map was constructed since Industrial Revolution, and the vast majority in the last century (Figure 3) – an inch on the mile-long timeline of human civilization.

Figure 3. Global Fossil Fuel Consumption. Data from Vaclav Smil (2017)

In fact, over half of the carbon from burning fossil fuels has been released in the last 30 years. As David Wallace Wells writes in The Uninhabitable Earth, “we have done as much damage to the fate of the planet and its ability to sustain human life and civilization since Al Gore published his first book on climate than in all the centuries—all the millennia—that came before.”

What will this map look like in the next 30 years?

A recent report on the global economics of the oil industry states, “To phase out petroleum products (and fossil fuels in general), the entire global industrial ecosystem will need to be reengineered, retooled and fundamentally rebuilt…This will be perhaps the greatest industrial challenge the world has ever faced historically.”

Is it possible to build a decentralized energy grid, generated by a diverse array of renewable, local, natural resources and backed up by battery power? Could all communities have the opportunity to control their energy through member-owned cooperatives instead of profit-thirsty corporations? Could microgrids improve the resiliency of our system in the face of increasingly intense natural disasters and ensure power in remote regions? Could hydrogen provide power for energy-intensive industries like steel and iron production? Could high speed rail, electric vehicles, a robust public transportation network and bike-able cities negate the need for gasoline and diesel? Could traditional methods of farming reduce our dependency on oil and gas-based fertilizers? Could  zero waste cities stop our reliance on single-use plastic?

Of course! Technology evolves at lightning speed. Thirty years ago we didn’t know what fracking was and we didn’t have smart phones. The greater challenge lies in breaking the fossil fuel industry’s hold on our political system and convincing our leaders that human health and the environment shouldn’t be externalized costs of economic growth.

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Bird’s eye view of a sand mine in Wisconsin. Photo by Ted Auch 2013.

7 Sand Mining Communities, 3 States, 5 Months – Part 1

An Exploration of Sand Mining Impacts: Lasalle County, IL by way of Chicago’s South Side
By Ted Auch, Great Lakes Program Coordinator

When it comes to high-volume hydraulic fracturing (HVHF), frac sand mining may be the most neglected aspect of the industry’s footprint. (HVHF demand on a per-well basis is increasing by 8% per year.)

To capture how this industry is changing several sand mining communities, I recently took a road trip to visit, photograph, and listen to the residents of this country’s primary frac sand areas. In total, I visited 7 sand mining communities in Illinois, Indiana, and Michigan.

This multimedia perspective is part of our ongoing effort to map and quantify the effects of silica sand mining on people, agriculture, wildlife, ecosystem services, and watersheds more broadly. Below is my attempt to give the FracTracker community a sense of what residents are hearing, seeing, and saying about the silica sand mining industry writ large.

Chicago’s South Side

Before heading to Illinois’ frac sand epicenter of Lasalle County, I couldn’t help but catch the South Shore Line out of Millennium Station. This station can be seen as you head south to the Hegewisch neighborhood on Chicago’s impoverished South Side, an area of greater Chicago-Gary, Indiana that has largely been forgotten by politicians in both states. Chicago_KCBX_BP

ChicagoLand_Income_Hardship

Figure 1. Average income per capita and Hardship Index (0-100 with 100 being the worst) for Chicago’s neighborhoods with Hegewisch highlighted in the city’s southeast corner.

This situation is a shame because collectively Hegewisch and the city of Whiting, IN are home to one of the largest – and getting larger – collections of oil refineries and oil sands infrastructure in the United States.

For an estimation of how difficult it is to live in various Chicago neighborhoods, see Figure 1, left.

This proliferation has not been without its dangers, including a compressor station explosion at BP PLC’s massive1 Whiting Refinery in August 2014. Unfortunately, that incident was just the latest in a long line of mishaps at this facility. The “operational incident,” as BP called it, rocked already stressed neighborhoods like MarkTown, IN – the aborted company town planned for steel maker Clayton Mark. MarkTown is on the National Register of Historic Places and is an example of a community that is being erased from the face of the earth in the name of Hydrocarbon Industrial Complex expansion. For those interested in architecture preservation, MarkTown’s rapid erasure is being conducted by BP itself and in the process we are losing an example of Conservatively Radical architect Howard Van Doren Shaw’s distinct English-style Tudor homes and urban planning. Residents speculate BP “may be buying up the properties because of concerns about liability.” The company counters they are just trying to create additional green space for residents.

KCBX_BP_POV

NAmerican_Ports_Refineries

Figure 2. Average daily oil refinery production per day across North America’s 152 Oil Refineries along with North American ports.

Luckily for everyone, operations following the aforementioned recent explosion were only “minimally impacted as a result of the incident and the refinery continue[d] to produce products for customers.” However, the more chronic concern is the tight supply-demand relationship between BP’s refinery and their Koch KCBX neighbor. Koch has made repeated headlines – and many neighbors turned enemies including the Southeast Environmental Task Force and its fearless leader Peggy Salazar – with its handling of the refinery’s annual production of 600,000 tons of petcoke a development Chicago Magazine called Mountains of Trouble. Petcoke is a byproduct of the refinery’s increased acceptance and processing of tar sands from Alberta Canada. Levels of production are likely to increase given BP’s completion in November 2014 of a “$4-billion revamp…to boost its intake of Canadian crude oil from 85,000 bpd to 350,000 bpd.”

Given how interconnected the hydrocarbon industry is, I thought it would be worth collecting some photos of the aforementioned infrastructure. When I saw that Koch KCBX’s terminal was also storing large amounts of silica sand, however, the connection between my next target(s) in LaSalle County was made even more obvious.

LaSalle vs. Chicagoland: A Tale of Two Worlds

Lasalle County, Illinois is situated approximately 50-60 miles south-southwest of Chicago. When you try to compare demographics and commerce, however, it is worlds away.

Chicagoland encompasses nearly 10,900 square miles – 9.5 times the area of Lasalle County. While Chicago’s population is expanding by 95,681 people per year, LaSalle’s is shrinking by 2,734 per year (Table 1). Chicagoans, though not South Siders, are making more than two times that of LaSalle County residents (with the latter actually falling nearly $4,700 below the state average). Predictably the demographics of Chicago reflect more and more those of the US, while LaSalle is typical of rural America with a population that is 93% white and only 3.3% foreign born. Thirty-five percent of Chicagoans are likely to achieve a bachelor’s degree, while only 16% of LaSalle County residents are likely to do so. Rates of poverty and more specifically child poverty, on the other hand, are significantly higher in Chicago. Finally, LaSalle is one of the country’s preeminent farming counties; it ranks #4 in the state and #126 nationally thanks to the value of agricultural commodities produced amounting to $448.5 million net of farm subsidies. See Table 1.

La Salle County, IL Silica Sand Mines & St. Peter Sandstone Geology

Figure 3. La Salle County, IL Silica Sand Mines & St. Peter Sandstone Geology

Chicago_Vs_LaSalleCounty_Comparison

Table 1. Chicagoland and LaSalle County, Illinois summary demographics, economic prosperity, and agricultural productivity.

Photos from the Tour

The above contrast was made crystal clear as I traveled down Interstate 80 westbound towards exit 90 and LaSalle’s County seat Ottawa (pop. 18,562). Upon arriving in Ottawa I drove west on Madison Street to the first target of our expedition: U.S. Silica Company’s mine and processing facility at the corner of Madison Boyce Memorial Drive. Upon arriving, however, it became clear that I would not find a suitable location to photograph the company’s mine; the perimeter had been fenced off and mounded up to the tune of 10-15 feet. So I got back in our rental car and drove to the mine’s southern perimeter adjacent to the Bear Den Bar and Grill and the Vine St.-Fern St.-15th Ave. neighborhood where there was clear line of site. It was here that I got some of the best photos of the mine’s scale and scope with respect to land-use, reclamation, and hydrology.

US_Silica_OttawaCo

Below is a sample of some of those images as well as several I took further down Route 34 between U.S. Silica’s active mine and a “reclaimed” Ottawa Silica Co. mine on the banks of the Illinois River.

After snapping several hundred shots of these two mines I headed to the I & M Canal State Trail between Utica and Ottawa emanating out of Buffalo Rock State Park and hiked east towards the Northern edge of U.S. Silica’s mine alongside a CSX railroad and recently constructed spur feeding into the mine’s loading terminal. The hope was that I would get a closer look at the mine but it turned out the angle was different but not better.

From the back of U.S. Silica’s Ottawa mine I traveled approximately 7 miles west to Unimin’s North Utica mine and a short dirt road off of 2803rd Road on the northern edge of the mine.

Unimin_NorthUtica

It was here that I photographed the mine’s reclamation plots, active mine pits, and developing water transport mechanisms. However, more importantly it was from here that I noticed off in the distance a bright red silica sand grain-size separator.

Curiously I did not – but do now – have this nascent and relatively small mine posted on our Frac Sands Mines and Related Facilities map at the time. Upon arriving at this site I found that the mine was owned and operated by a company called Northern White Sand a small mom & pop operation out of Utica, IL.

Unimin_NorthUtica_NorthernWhiteSand

The photos I took of this mine were primarily from atop a vegetated berm to the southwest of the mine’s primary footprint. This vantage point allowed us to get some great shots of the types of infrastructure/equipment typical of this sized mine including the aforementioned modular grain-size separator, conveyor belts, retention ponds, and the pyramid-like piles of powdery white silica sand so desired by the HVHF industry.

Our final stop on the LaSalle County silica sand mine tour landed us in Troy Grove 13 miles north of North Utica by way of Interstate 39. It was here that I visited several vantage points around Technisand’s MBI Manley Bros. silica mine. The expanse included the site’s mixture of old and new processing infrastructure, what appeared to be an alluvial fan derived from sand waste and associated wetland, and the mine’s far reaches alongside a Chicago and North Western Transportation Company (CNW) railroad.

Resident Testimonials

So now that I have outlined my tour of La Salle County I thought it would be helpful to share some of the stories residents told me during my travels and later by way of email.

Anna Mattes – La Salle County, IL

I live in LaSalle County, Illinois where I have prime farmland and Starved Rock State Park… the crown jewel of Illinois. I already have a fine farming industry and plenty of tourism as Starved Rock is visited by two million people annually. LaSalle County already has forty two quarries, gravel pits and sand mines. If I allow anymore the county will look as though it has been bombed. Empty sand pits will never produce food ever again. No amount of reclamation will restore this land to be productive…Each mine uses one million gallons of water daily. The LaSalle County Board has enlisted the USGS to do a hydrology study to determine how much water I have in our aquifer for municipalities and farming. Presently I have a moratorium in place on sand mines thru July 2016 and I hope forever. As a woman, wife and mother I am charged with the continuity of life. It is my job, profession, to raise healthy children, make a healthy breakfast and pack a nutritious lunch for my husband so he can do his job, and it generally falls to women to care for the elderly in families. With out clean air, pure water, healthy food what is the quality of life? Fracking is a dangerous business and I need to take better care of Planet Earth. Please do your part, I’m a Master Gardener and I’m doing my part.

Thomas Skomski – Wedron, IL

I am a resident of Wedron who has been severely impacted by Wedron Silica; and I want to report that there are many more problems associated with the influx of sand mines in LaSalle Co. than named in your recent article. In order to be fair to other residents who will be negatively affected by proximity to any sand mine I believe it is important to inform them and all concerned on the unmentioned problems associated with living near a sand mine. For example: the mountains of sand that are produced migrate everywhere the wind takes the particles. As I all know the winds are frequently fierce in this part of the country. One neighbor describes how in the morning when he sets his coffee cup down on his front porch and goes into his house to get the newspaper that he returns to find a layer of white sand covering his coffee. Another neighbor vacuums the sand off her living room rugs weekly while her husband regularly has to clean out sand-filled gutters. I do know that enabling pollutants on private property is technically criminal trespass. At the last EPA hearing in Wedron a retired mine employee admitted that Wedron Silica uses 100 million gallons of water per hour in sand processing. Some of this water is recycled. Since I have not confirmed those statistics, I prefer sticking to the fact that the mine has reversed the flow of the ground water. Who knows what the unseen consequences of that reversal might be? The toxic plume that Wedron Silica is in part responsible for creating migrates wherever the ground water moves. As a result of the threat of my well being poisoned my land, 23 acres has been devalued by the county to $1.00. All my five buildings are worth 40% of what they were before nine wells were poisoned in Wedron. Those wells were so toxic with benzene that water came out of the faucet orange and you could not breath it let alone use it to wash anything. Wedron Silica has begun buying homes in Wedron which will allow them to pursue their wealth with no concerns- BUT what about the water which I all know is in limited supply and susceptible to being polluted? So in summary, please include the human costs involved in a mine opening near you. My wife and I moved to the country to enjoy the solitude and quiet of living on a farm in our retirement years. The quality of our lives has been diminished, in addition the noise is disturbing; trains come in at all hours incessantly blowing their horns and the semi traffic is constant. Finally, I have heard a lot of what I consider negative criticism about the EPA. Having experienced this monumental problem directly it is perfectly clear to me that without the resources of a pro-environment organization I would be hard pressed to stand up to a corporation with multi billions in assets.

Ashley Williams – LaSalle County, IL

The nickname the “Silica Sand Capital of the World” has quickly transformed into a curse rather than a blessing for the citizens of LaSalle County, IL. Here, the frac sand industry continues to proliferate, endangering the health and safety of the people and local environment. Our precious life vessels: our air, water, and soil are under siege by a nexus of power that seeks to intimidate us into quiet submission, but I’ll be damned if I’m going to sit by and let that happen.

Footnote

  1. This facility alone processes nearly 2% of all oil in North America on a daily basis. This facility is the seventh-largest refinery in the United States and the largest outside of the Gulf Coast.

Over 1.1 Million Active Oil and Gas Wells in the US

Many people ask us how many wells have been hydraulically fractured in the United States.  It is an excellent question, but not one that is easily answered; most states don’t release data on well stimulation activities.  Also, since the data are released by state regulatory agencies, it is necessary to obtain data from each state that has oil and gas data to even begin the conversation.  We’ve finally had a chance to complete that task, and have been able to aggregate the following totals:

Oil and gas summary data of drilled wells in the United States.

Oil and gas summary data of drilled wells in the United States.

 

While data on hydraulically fractured wells is rarely made available, the slant of the wells are often made accessible.  The well types are as follows:

  • Directional:  Directional wells are those where the top and the bottom of the holes do not line up vertically.  In some cases, the deviation is fairly slight.  These are also known as deviated or slant wells.
  • Horizontal:  Horizontal wells are directional wells, where the well bore makes something of an “L” shape.  States may have their own definition for horizontal wells.  In Alaska, these wells are defined as those deviating at least 80° from vertical.  Currently, operators are able to drill horizontally for several miles.
  • Directional or Horizontal:  These wells are known to be directional, but whether they are classified as horizontal or not could not be determined from the available data.  In many cases, the directionality was determined by the presence of directional sidetrack codes in the well’s API number.
  • Vertical:  Wells in which the top hole and bottom hole locations are in alignment.  States may have differing tolerances for what constitutes a vertical well, as opposed to directional.
  • Hydraulically Fractured:  As each state releases data differently, it wasn’t always possible to get consistent data.  These wells are known to be hydraulically fractured, but the slant of the well is unknown.
  • Not Fractured:  These wells have not been hydraulically fractured, and the slant of the well is unknown.
  • Unknown:  Nothing is known about the slant, stimulation, or target formation of the well in question.
  • Unknown (Shale Formation):  Nothing is known about the slant or stimulation of the wells in question; however, it is known that the target formation is a major shale play.  Therefore, it is probable that the well has been hydraulically fractured, with a strong possibility of being drilled horizontally.

Wells that have been hydraulically fractured might appear in any of the eight categories, with the obvious exception of “Not Fractured.”  Categories that are very likely to be fractured include, “Horizontal”, “Hydraulically Fractured”, and “Unknown (Shale Formation),” the total of which is about 32,000 wells.  However, that number doesn’t include any wells from Texas or Colorado, where we know thousands wells have been drilled into major shale formations, but the data had to be placed into categories that were more vague.

Oil and gas wells in the United States, as of February 2014. Location data were not available for Maryland (n=104), North Carolina (n=2), and Texas (n=303,909).  To access the legend and other map tools, click the expanding arrows icon in the top-right corner.

The standard that we attempted to reach for all of the well totals was for wells that have been drilled but have not yet been plugged, which is a broad spectrum of the well’s life-cycle.  In some cases, decisions had to be made in terms of which wells to include, due to imperfect metadata.

No location data were available for Maryland, North Carolina, or Texas.  The first two have very few wells, and officials in Maryland said that they expect to have the data available within about a month.  Texas location data is available for purchase, however such data cannot be redistributed, so it was not included on the map.

It should not be assumed that all of the wells that are shown in  the map above the shale plays and shale basin layers are actually drilled into shale.  In many cases, however, shale is considered a source rock, where hydrocarbons are developed, before the oil and gas products migrate upward into shallower, more conventional formations.

The raw data oil and gas data is available for download on our site in shapefile format.

 

Pages

Indiana Shale Viewer

Indiana

Oil & Gas Activity in Indiana

Click on the image below to explore our IN map of oil and gas extraction-related activities.



32,733

Total Wells (As of Mar 2017)

Additional Maps & Data

Earthworks IN Oil & Gas Threat Map

Active oil & gas wells, & the counts of people, schools, & hospitals that live within ½ mile of these facilities. Project Launch: 2016

Frac Sand Mining Map

Map of silica sands/frac sand mines, drying facilities, & value added facilities in North America.

Indiana Photos & Videos


This album contains IN imagery contributed to our site from FracTracker staff and volunteers. Reuse is permitted so long as you cite the photographer if one is listed in the photo’s info section, as well as FracTracker Alliance.


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