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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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A successful 2019 Community Sentinel Award Reception- a full summary

There are many courageous and determined individuals to be grateful for within the environmental movement. At the 2019 Community Sentinel Awards for Environmental Stewardship, we were graced with the presence of many such leaders, and celebrated four in particular as this year’s award winners. From those fighting LNG export terminals on the West Coast, to those resisting fracking expansion in the Marcellus Shale and other formations, to those shutting down petrochemical expansion in the Gulf Coast – thank you, Sentinels.

 

2019 Community Sentinel Award Reception

The Program on October 22nd

The 2019 reception and ceremony coincided with the oil and gas industry’s three-day Shale Insight Conference. The fighters and victims of dirty energy and petrochemical development were recognized as we opposed the nearby perpetrators of these harms. The event featured the keynote speaker Andrey Rudomakha, Director of Environmental Watch on North Caucasus, and inspirational emcee David Braun of Rootskeeper.

You can watch the full 2019 Awards Reception here:

 

More About the Awardees

  • Ron Gulla
    Mr. Ron Gulla has been a pivotal voice in fighting unconventional oil and gas development in Pennsylvania and beyond. After natural gas development destroyed his property in Canonsburg, PA in 2005, Mr. Gulla became an outspoken advocate for citizens and landowners facing the many harms of fracking.

    Mr. Gulla knows the industry well, having worked as an equipment supplier for various oil and gas operations. Like so many, he believed the industry crusade that touted energy independence and its promise of becoming a “shalionaire.”

    Four unconventional gas wells were installed on Mr. Gulla’s property from 2005 to 2008. As a result, his water source and soil were contaminated, as well as a nearby stream and pond. He immediately began speaking out about his experiences and warning people of the potential dangers of fracking. Soon, people from all over the state were reaching out to him to share their stories.

    Mr. Gulla became a central figure in informing and connecting people who were desperately looking for help. He has documented individuals’ stories for health studies and appropriate regulatory agencies, testified in front of the PA Department of Health and other official bodies, and he was instrumental in organizing letter campaigns with other affected landowners addressed to local district attorneys. These efforts resulted in a statewide investigation into many of these cases. He also has coordinated with local, state, and national news agencies to expose these critical issues.

    Mr. Gulla proactively engaged the media and brought like-minded people together to tell their stories. Without his relentless efforts, much of the progress made in exposing the oil and gas industry in Pennsylvania would not have been possible.

  • Sharon Lavigne

    Ms. Sharon Lavigne lives in the epicenter of the oil, gas, and petrochemical facilities in Louisiana. She is the founder of RISE St. James, a faith-based environmental and social justice organization dedicated to protecting St. James Parish from these toxic, cancer- causing industries. Her work is a matter of life or death — the 20 acres of land that Ms. Lavigne inherited from her grandfather is dead center of what is known today as “Cancer Alley.”

    The 4th and 5th Districts of St. James Parish are majority Black neighborhoods, and they were the only districts to be covertly rezoned from residential to “residential/future industrial.” The environmental racism could not be more pronounced. Ms. Lavigne is fighting to protect the health of all residents living along the 85-mile long Cancer Alley, from those in New Orleans to those in Baton Rouge. Industry and elected officials are intent on wiping historic Black communities off the map, but with Ms. Lavigne’s leadership, residents are rising up to protect their health, their home, and their future.

    At the heart of Ms. Lavigne’s work with RISE St. James is the demand for a moratorium on oil, gas, and petrochemical industry in St. James Parish. The district where Sharon lives has 2,822 people and 12 petrochemical plants — one plant for every 235 residents. Despite these staggering ratios, Formosa Plastics is trying to build a 14-plant petrochemical complex less than two miles from Ms. Lavigne’s home.

    After working tirelessly over the last year to educate and mobilize other residents, Ms. Lavigne and RISE St. James members recently celebrated their biggest victory yet: blocking a $1.5B Wanhua petrochemical plant from moving into St. James Parish and operating within a mile of residents’ homes. In Ms. Lavigne’s words, “This is our land, this is our home, and we are standing up together to defend it. St. James is rising.”

  • Allie Rosenbluth

    Ms. Allie Rosenbluth is a dedicated community activist who has spent years coordinating a huge grassroots rural coalition opposing Pembina’s proposed Jordan Cove LNG export terminal and Pacific Connector fracked gas pipeline in southern Oregon. She also recently traveled to Poland as a COP 24 delegate with SustainUS, a youth-led justice and sustainability advocacy group.

    For over a decade, the Jordan Cove LNG project has been threatening southern Oregonians with the prospect of a 36-inch pipeline stretching across four rural counties, 229 miles, and over 180 state waterways, ending in a massive methane liquefaction and export terminal in Coos Bay. Ms. Rosenbluth has worked incredibly hard to ensure that all those opposed to the project gets a chance to speak with their elected representatives about the project and make their voice heard in local, state, and federal permitting processes. She has coordinated efforts to generate tens of thousands of comments in state and federal agency comment periods to review the various environmental impacts of the project. This turnout has surpassed public participation records in such permitting processes.

    Ms. Rosenbluth’s efforts helped lead to a May 2019 denial from the Oregon Department of Environmental Quality on a Clean Water Act permit needed to build the project, underlining the importance of state authority to defend water quality under Section 401 of the Clean Water Act, which the Trump Administration was simultaneously trying to weaken. She also helped mobilize over 3,000 rural Oregonians to attend four public hearings on the State Lands review of the project. Ms. Rosenbluth’s masterful coalition-building has helped unify people of all political persuasions, races, and ethnicities across the state to unify their opposition to fracked gas infrastructure in Oregon.

  • Melissa Troutman
    Ms. Melissa Troutman is co-founder of the investigative news nonprofit Public Herald as well as a research and policy analyst for Earthworks. Her work as a film director and journalist has redefined the landscape and narrative around fracking w, and her community organizing has led to major wins against the industry.

    Ms. Troutman’s Public Herald publications have seen widespread coverage. Her work has been referenced in the books Amity and Prosperity: One Family and the Fracturing of America by Eliza Griswald; Legal Rights for Rivers: Competition, Collaboration and Water Governance by Erin O’Donnell; and Sustainability and the Rights of Nature: An Introduction by Cameron La Follette and Chris Maser. Her work has been cited in over 20 academic studies to date. Furthermore, Ms. Troutman has produced three award-winning documentary films on fracking: Triple Divide (2013), TRIPLE DIVIDE [REDACTED] (2017), and INVISIBLE HAND (2019). Her films continue to play an important role in the narrative surrounding fracking and democracy.

    In 2017, Ms. Troutman uncovered that 9,442 complaints related to oil and gas operations were never made public by the state. Her analysis of drinking water complaints revealed official misconduct by state officials that left families without clean water for months, even years. Consequently, Public Herald called for a criminal and civil investigation of the Pennsylvania Dept. of Environmental Protection. In 2018, Ms. Troutman’s reporting on an untested fracking wastewater treatment facility at the headwaters of the Allegheny River was used by the Seneca Nation of Indians to shut down the project.

    Ms. Troutman’s tireless efforts are an inspiration to the environmental movement in Pennsylvania, across the country, and beyond.

Check out the Community Sentinels in action | Reception slideshow

Legacy of Heroes Recognition

  • Bill Hughes

    On March 25, 2019, Bill Hughes of Wetzel County, West Virginia, passed away at age 74. Mr. Hughes, an environmental defender extraordinaire and former FracTracker colleague, served on the County solid waste authority, where he consistently pushed back on accepting the radioactive waste of the fracking industry. For nearly a decade, Mr. Hughes documented and disseminated photographic evidence of the activities and effects of shale gas development, and in turn educated thousands of people on the negative impacts of this industry. Mr. Hughes also shared information via gas field tours, PowerPoint presentations to groups in five states, op-ed pieces written for news media, and countless responses to questions and inquiries.

    His legacy lives through the multitude of lives he enriched – from students, to activists, to everyday people. Bill was an omnipresent force for good, always armed with facts and a pervasive smile.

  • April Pierson-Keating

    April Pierson-Keating of Buckhannon, West Virginia, passed away on September 28, 2019, at age 52. Mrs. Pierson-Keating was the founder and director of Mountain Lakes Preservation Alliance, and a founding member of Preserve Our Water Heritage and Rights (POWHR). She was a board member of the Buckhannon River Watershed Association, the cancer research group ICARE, and the WV Environmental Council, and she was also a member of the Sierra Club, the WV Highlands Conservancy, and Ohio Valley Environmental Coalition (OVEC). When one met Mrs. Pierson-Keating, one could not help noticing and absorbing her passion for environmental preservation.

    Mrs. Pierson-Keating received the Buckhannon BEST Award on May 14, 2019 in recognition of her commitment. Mayor David McCauley stated: “Mrs. Keating is a supreme protector of our environment. She is a lobbyist for clean water at both our state and federal governments, a participant in Buckhannon’s Community Unity & Kindness Day, the Equality March, the Science March, and other awareness activities… April Keating has helped us all in our B-U community to be happier and healthier in many ways.”

  • Ricky Allen Roles

    Ricky Allen Roles passed away at age 61 at his ranch in Silt, Colorado, on November 22, 2018. Mr. Roles was an adamant anti-fracking activist and spent many years fighting for safer oil and gas drilling and fracking regulations. He tirelessly fought to protect our earth’s sacred water and soil for the health and wellness of all living creatures. He is featured in books such as Fractivism and Collateral Damage, and documentaries including the Emmy Award winning film Split Estate and Oscar-nominated and Emmy-Award winning Gasland. He also bravely testified before Colorado’s Congress on the dangers of fracking.

    Mr. Roles shared how his and his livestock’s health precipitously declined with the drilling of 19 wells on his property. He experienced respiratory, immune, and nervous system problems. Despite his health problems,
    he strove to create awareness of the harmful impacts of fracking in his community and beyond. With those publications, his voice, beliefs and legacy will be heard forever.

  • John A. Trallo Sr.

    John A. Trallo, Sr., 67, of Sonestown, Pennsylvania passed away on August 13, 2019. Mr. Trallo was a dedicated environmental activist who contributed to several groups working on pressing environmental issues such as hydraulic fracturing. He was a brilliant man who earned three college degrees and a teaching certificates in two states. He asked hard questions and was adamant in keeping government officials accountable. Some of the groups he was involved with were: Responsible Drilling Alliance (RDA), Shale Justice, The Community Environmental Legal Defense Fund (CELDF), PA Community Rights Network, and Organizations United for the Environment. Mr. Trallo left this planet a better place for future generations, and we honor his spirit by continuously working towards his noble vision.

 

Sponsors and Partners

The Sentinels’ program and reception requires financial support – for monetary awards, awardee travel, and many

Michele Fetting of the Breathe Project and and FracTracker Board Member introducing 2019 Sentinel Award Winner Sharon Lavigne

other costs. As such, each year we call upon dedicated sponsors and partners for resources to enable this endeavor to continue. The daily, often-thankless jobs of Community Sentinels working to protecting our health and the environment deserve no less. Thank you to this year’s incredible award sponsors: The Heinz Endowments, 11th Hour Project, Center for Coalfield Justice, and Foundation for PA Watersheds.

We extend a big thank you to the following award partners: Viable Industries, Indigenous Environmental Network, Oxfam, Rootskeeper, Food & Water Watch, STAND.earth, Halt the Harm Network, Sierra Club, Ohio Valley Environmental Coalition, Choose Clean Water Coalition, Beaver County Marcellus Awareness Community, Mountain Watershed Association, Southwest Pennsylvania Environmental Health Project, Earthworks, and FracTracker Alliance.

Nominees

The following 18 people were nominated by their peers to receive this distinguished award:

  • Laurie Barr – Coudersport, PA

    2019 Sentinel Award Winner Melissa Troutman with introducer Leanne Leiter of Earthworks

  • Kim Bonfardine – Elk County, PA
  • Kim Fraczek – New York, NY
  • Lisa Graves – Marcucci Washington, DC
  • Ron Gulla – Canonsburg, PA*
  • Leatra Harper – Bowling Green, OH
  • Maury Johnson – Greenville, WV
  • Theresa Landrum – Detroit, MI
  • Sharon Lavigne – St. James, Louisiana*
  • Sara Loflin – Erie, CO
  • Ann Pinca – Lebanon, PA
  • Randi Pokladnik – Uhrichsville, OH
  • Patricia Popple – Chippewa Falls, WI
  • Bev Reed – Bridgeport, OH
  • Allie Rosenbluth – Medford, OR*
  • Bob Schmetzer – South Heights, PA
  • Yvonne Taylor – Watkins Glen, NY
  • Melissa Troutman – Pittsburgh, PA*

* Denotes 2018 award recipient

Judges

Many thanks to the following judges for giving their time to review all of the nominations.

  • Mariah Davis – Choose Clean Water Coalition
  • Brenda Jo McManama – Indigenous Environmental Network
  • Kathleen Brophy – Oxfam
  • Dr. Pamela Calla – New York University
  • Matt Krogh – STAND.earth

2019 Sentinel Award Winner Ron Gulla

 

Ethan Buckner of Earthworks introducing 2019 Sentinel Award Winner Sharon Lavigne

 

Keynote Speaker Andrey Rudomakha, Director of Environmental Watch on North Caucasus, with translator Kate Watters, Co-founder & Executive Director

 

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Oregon Oil & Gas Activity



We only have one map for oil and gas activity in Oregon.

There are 703 permits that have been issued in Oregon where latitude and longitude data are available from ODMLRR, the most recent of which was applied for on December 5, 2014. A random sample of this data shows that they are generally older wells that applied for permits before the mid 1980s. Many of these were never drilled, or have been permanently plugged.

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