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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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Community Sentinel Award for Environmental Stewardship

2017 Community Sentinel Award for Environmental Stewardship Recipients

Award to be presented to three environmental stewards addressing oil and gas impacts at reception held in Pittsburgh, PA, November 18th

WASHINGTON, DC – October 5, 2017 – Three community advocates were recently selected by a panel of judges to receive the 2017 Community Sentinel Award for Environmental Stewardship, presented this year by Americans Against Fracking, Earthworks, FracTracker Alliance, Halt the Harm Network, and Stop the Frack Attack – sponsored by the 11th Hour Project. Award recipients were chosen because of their steadfast determination to highlight and address the impacts of the oil and gas industry in communities across the United States. The 2017 Community Sentinel Award winners are:

  • Ranjana Bhandari – Arlington, Texas
  • Frank Finan – Hop Bottom, Pennsylvania
  • Ray Kemble – Montrose, Pennsylvania

This year’s recipients, nominated by their peers, have lead campaigns to prevent wastewater injection wells from being permitted near drinking water reservoirs; documented fugitive air emissions using their own personal FLIR cameras; and fought cancer and legal attacks from oil and gas companies simultaneously.

These awardees truly represent the heart of local heroes working tirelessly to safeguard their communities from fracking and its collateral impacts, while at the same time encouraging a national transition to safer, renewable forms of energy…

… remarked Brook Lenker, Executive Director of FracTracker Alliance, the organizer of the award partnership.

Recipients were selected by a committee of community defense leaders: Bill Hughes of Wetzel County Action Group, West Virginia; Pat Popple of Save the Hills Alliance, Wisconsin; Sierra Shamer of Shalefield Organizing Committee, Pennsylvania; Dante Swinton of Energy Justice, Maryland; and Niki Wong of Redeemer Community Partnership, California.

The three recipients will each be awarded $1,000 for their efforts and recognized at an evening reception at the Omni William Penn Hotel in Pittsburgh, Pennsylvania on Saturday, November 18, 2017 during the People vs. Oil and Gas Infrastructure Summit.

Learn more about the third annual Community Sentinel Award for Environmental Stewardship, or purchase tickets to the reception for $40 (includes award ceremony and reception, heavy hors d’oeuvres, and a drink).

# # #

About FracTracker Alliance

FracTracker Alliance is a national organization with regional offices in Pennsylvania, New York, Ohio, Washington DC, and California. The organization’s mission is to study, map, and communicate the risks of oil and gas development to protect our planet and support the renewable energy transformation. Learn more at fractracker.org.

Colonial Pipeline and site of Sept 2016 leak in Alabama

A Proper Picture of the Colonial Pipeline’s Past

On September 9, 2016 a pipeline leak was detected from the Colonial Pipeline by a mine inspector in Shelby County, Alabama. It is estimated to have spilled ~336,000 gallons of gasoline, resulting in the shutdown of a major part of America’s gasoline distribution system. As such, we thought it timely to provide some data and a map on the Colonial Pipeline Project.

Figure 1. Dynamic map of Colonial Pipeline route and related infrastructure

View Map Fullscreen | How Our Maps Work | The Sept. 2016 leak occurred in Shelby County, Alabama

Pipeline History

The Colonial Pipeline was built in 1963, with some segments dating back to at least 1954. Colonial carries gasoline and other refined petroleum projects throughout the South and Eastern U.S. – originating at Houston, Texas and terminating at the Port of New York and New Jersey. This ~5,000-mile pipeline travels through 12 states and the Gulf of Mexico at one point. According to available data, prior to the September 2016 incident for which the cause is still not known, roughly 113,382 gallons had been released from the Colonial Pipeline in 125 separate incidents since 2010 (Table 1).

Table 1. Reported Colonial Pipeline incident impacts by state, between 3/24/10 and 7/25/16

State Incidents (#) Barrels* Released Total Cost ($)
AL 10 91.49 2,718,683
GA 11 132.38 1,283,406
LA 23 86.05 1,002,379
MD 6 4.43 27,862
MS 6 27.36 299,738
NC 15 382.76 3,453,298
NJ 7 7.81 255,124
NY 2 27.71 88,426
PA 1 0.88 28,075
SC 9 1639.26 4,779,536
TN 2 90.2 1,326,300
TX 19 74.34 1,398,513
VA 14 134.89 15,153,471
Total** 125 2699.56 31,814,811
*1 Barrel = 42 U.S. Gallons

** The total amount of petroleum products spilled from the Colonial Pipeline in this time frame equates to roughly 113,382 gallons. This figure does not include the September 2016 spill of ~336,000 gallons.

Data source: PHMSA

Unfortunately, the Colonial Pipeline has also been the source of South Carolina’s largest pipeline spill. The incident occurred in 1996 near Fork Shoals, South Carolina and spilled nearly 1 million gallons of fuel into the Reedy River. The September 2016 spill has not reached any major waterways or protected ecological areas, to-date.

Additional Details

Owners of the pipeline include Koch Industries, South Korea’s National Pension Service and Kohlberg Kravis Roberts, Caisse de dépôt et placement du Québec, Royal Dutch Shell, and Industry Funds Management.

For more details about the Colonial Pipeline, see Table 2.

Table 2. Specifications of the Colonial and/or Intercontinental pipeline

Pipeline Segments 1,1118
Mileage (mi.)
Avg. Length 4.3
Max. Length 206
Total Length 4,774
Segment Flow Direction (# Segments)
Null 657
East 33
North 59
Northeast 202
Northwest 68
South 20
Southeast 30
Southwest 14
West 35
Segment Bi-Directional (# Segments)
Null 643
No 429
Yes 46
Segment Location
State Number Total Mileage Avg. Mileage Long Avg. PSI Avg. Diameter (in.)
Alabama 11 782 71 206 794 35
Georgia 8 266 33 75 772 27
Gulf of Mexico 437 522 1.2 77 50 1.4
Louisiana 189 737 3.9 27 413 11
Maryland 11 68 6.2 9 781 30
Mississippi 63 56 0.9 15 784 29
North Carolina 13 146 11.2 23 812 27
New Jersey 65 314 4.8 28 785 28
New York 2 6.4 3.2 6.4 800 26
Pennsylvania 72 415 5.8 17 925 22
South Carolina 6 119 19.9 55 783 28
Texas 209 1,004 4.8 33 429 10
Virginia 32 340 10.6 22 795 27
PSI = Pounds per square inch (pressure)

Data source: US EIA


By Sam Rubright, Ted Auch, and Matt Kelso – FracTracker Alliance

FracTracker map of the density of wells by U.S. state as of 2015

1.7 Million Wells in the U.S. – A 2015 Update


 

Updated National Well Data

By Matt Kelso, Manager of Data & Technology

In February 2014, the FracTracker Alliance produced our first version of a national well data file and map, showing over 1.1 million active oil and gas wells in the United States. We have now updated that data, with the total of wells up to 1,666,715 active wells accounted for.

Density by state of active oil and gas wells in the United States. Click here to access the legend, details, and full map controls. Zoom in to see summaries by county, and zoom in further to see individual well data. Texas contains state and county totals only, and North Carolina is not included in this map. 

While 1.7 million wells is a substantial increase over last year’s total of 1.1 million, it is mostly attributable to differences in how we counted wells this time around, and should not be interpreted as a huge increase in activity over the past 15 months or so. Last year, we attempted to capture those wells that seemed to be producing oil and gas, or about ready to produce. This year, we took a more inclusive definition. Primarily, the additional half-million wells can be accounted for by including wells listed as dry holes, and the inclusion of more types of injection wells. Basically anything with an API number that was not described as permanently plugged was included this time around.

Data for North Carolina are not included, because they did not respond to three email inquiries about their oil and gas data. However, in last year’s national map aggregation, we were told that there were only two active wells in the state. Similarly, we do not have individual well data for Texas, and we use a published list of well counts by county in its place. Last year, we assumed that because there was a charge for the dataset, we would be unable to republish well data. In discussions with the Railroad Commission, we have learned that the data can in fact be republished. However, technical difficulties with their datasets persist, and data that we have purchased lacked location values, despite metadata suggesting that it would be included. So in short, we still don’t have Texas well data, even though it is technically available.

Wells by Type and Status

Each state is responsible for what their oil and gas data looks like, so a simple analysis of something as ostensibly straightforward as what type of well has been drilled can be surprisingly complicated when looking across state lines. Additionally, some states combine the well type and well status into a single data field, making comparisons even more opaque.

Top 10 of 371 published well types for wells in the United States.

Top 10 of 371 published well types for wells in the United States.

Among all of the oil producing states, there are 371 different published well types. This data is “raw,” meaning that no effort has been made to combine similar entries, so “gas, oil” is counted separately from “GAS OIL,” and “Bad Data” has not been combined with “N/A,” either. Conforming data from different sources is an exercise that gets out of hand rather quickly, and utility over using the original published data is questionable, as well. We share this information, primarily to demonstrate the messy state of the data. Many states combine their well type and well status data into a single column, while others keep them separate. Unfortunately, the most frequent well type was blank, either because states did not publish well types, or they did not publish them for all of their wells.

There are no national standards for publishing oil and gas data – a serious barrier to data transparency and the most important takeaway from this exercise… 

Wells by Location

Active oil and gas wells in 2015 by state. Except for Texas, all data were aggregated published well coordinates.

Active oil and gas wells in 2015 by state. Except for Texas, all data were aggregated published well coordinates.

There are oil and gas wells in 35 of the 50 states (70%) in the United States, and 1,673 out of 3,144 (53%) of all county and county equivalent areas. The number of wells per state ranges from 57 in Maryland to 291,996 in Texas. There are 135 counties with a single well, while the highest count is in Kern County, California, host to 77,497 active wells.

With the exception of Texas, where the data are based on published lists of well county by county, the state and county well counts were determined by the location of the well coordinates. Because of this, any errors in the original well’s location data could lead to mistakes in the state and county summary files. Any wells that are offshore are not included, either. Altogether, there are about 6,000 wells (0.4%) are missing from the state and county files.

Wells by Operator

There are a staggering number of oil and gas operators in the United States. In a recent project with the National Resources Defense Council, we looked at violations across the few states that publish such data, and only for the 68 operators that were identified previously as having the largest lease acreage nationwide. Even for this task, we had to follow a spreadsheet of which companies were subsidiaries of others, and sometimes the inclusion of an entity like “Williams” on the list came down to a judgement call as to whether we had the correct company or not.

No such effort was undertaken for this analysis. So in Pennsylvania, wells drilled by the operator Exco Resources PA, Inc. are not included with those drilled by Exco Resources PA, Llc., even though they are presumably the same entity. It just isn’t feasible to systematically go through thousands of operators to determine which operators are owned by whom, so we left the data as is. Results, therefore, should be taken with a brine truck’s worth of salt.

Top 10 wells by operator in the US, excluding Texas. Unknown operators are highlighted in red.

Top 10 wells by operator in the US, excluding Texas. Unknown operators are highlighted in red.

Texas does publish wells by operator, but as with so much of their data, it’s just not worth the effort that it takes to process it. First, they process it into thirteen different files, then publish it in PDF format, requiring special software to convert the data to spreadsheet format. Suffice to say, there are thousands of operators of active oil and gas wells in the Lone Star State.

Not counting Texas, there are 39,693 different operators listed in the United States. However, many of those listed are some version of “we don’t know whose well this is.” Sorting the operators by the number of wells that they are listed as having, we see four of the top ten operators are in fact unknown, including the top three positions.

Summary

The state of oil and gas data in the United States is clearly in shambles. As long as there are no national standards for data transparency, we can expect this trend to continue. The data that we looked for in this file is what we consider to be bare bones: well name, well type, well status, slant (directional, vertical, or horizontal), operator, and location. In none of these categories can we say that we have a satisfactory sense of what is going on nationally.

Click on the above button to download the three sets of data we used to make the dynamic map (once you are zoomed in to a state level). The full dataset was broken into three parts due to the large file sizes.

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This map shows horizontally-drilled wells in addition to wastewater disposal and other injection wells. Last Updated: 9/2019


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

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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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Community Sentinel Award for Environmental Stewardship

2017 Community Sentinel Award for Environmental Stewardship Recipients

Award to be presented to three environmental stewards addressing oil and gas impacts at reception held in Pittsburgh, PA, November 18th

WASHINGTON, DC – October 5, 2017 – Three community advocates were recently selected by a panel of judges to receive the 2017 Community Sentinel Award for Environmental Stewardship, presented this year by Americans Against Fracking, Earthworks, FracTracker Alliance, Halt the Harm Network, and Stop the Frack Attack – sponsored by the 11th Hour Project. Award recipients were chosen because of their steadfast determination to highlight and address the impacts of the oil and gas industry in communities across the United States. The 2017 Community Sentinel Award winners are:

  • Ranjana Bhandari – Arlington, Texas
  • Frank Finan – Hop Bottom, Pennsylvania
  • Ray Kemble – Montrose, Pennsylvania

This year’s recipients, nominated by their peers, have lead campaigns to prevent wastewater injection wells from being permitted near drinking water reservoirs; documented fugitive air emissions using their own personal FLIR cameras; and fought cancer and legal attacks from oil and gas companies simultaneously.

These awardees truly represent the heart of local heroes working tirelessly to safeguard their communities from fracking and its collateral impacts, while at the same time encouraging a national transition to safer, renewable forms of energy…

… remarked Brook Lenker, Executive Director of FracTracker Alliance, the organizer of the award partnership.

Recipients were selected by a committee of community defense leaders: Bill Hughes of Wetzel County Action Group, West Virginia; Pat Popple of Save the Hills Alliance, Wisconsin; Sierra Shamer of Shalefield Organizing Committee, Pennsylvania; Dante Swinton of Energy Justice, Maryland; and Niki Wong of Redeemer Community Partnership, California.

The three recipients will each be awarded $1,000 for their efforts and recognized at an evening reception at the Omni William Penn Hotel in Pittsburgh, Pennsylvania on Saturday, November 18, 2017 during the People vs. Oil and Gas Infrastructure Summit.

Learn more about the third annual Community Sentinel Award for Environmental Stewardship, or purchase tickets to the reception for $40 (includes award ceremony and reception, heavy hors d’oeuvres, and a drink).

# # #

About FracTracker Alliance

FracTracker Alliance is a national organization with regional offices in Pennsylvania, New York, Ohio, Washington DC, and California. The organization’s mission is to study, map, and communicate the risks of oil and gas development to protect our planet and support the renewable energy transformation. Learn more at fractracker.org.

Stock image for workshops, used for 2017 Shale Network workshop

7th Extreme Energy Extraction Summit

Extreme Energy Extraction Collaborative (E3C) will be hosting the 7th Extreme Energy Extraction Summit March 10th – 13th at the Christian Renewal Center in Dickinson, Texas.  The first day of the Summit will be an optional tour of communities impacted by Houston’s massive petrochemical and refining complex.

About E3C Summits

The heart and soul of the work of the Collaborative happens at our Summits.  These gatherings of roughly 80 participants from around the country aren’t regular conferences of workshops and panels, but an opportunity for working organizers to come together and increase our capacity to effect change together.  The three and a half day meetings are composed of facilitated large and small group discussions aimed at sharing stories; models and tools; mapping the landscape of our movement; addressing power dynamics and barriers to collaboration; identifying common language, visions and values; and sparking new collaborative projects, with time for one-on-one networking and cultural sharing.  Rather than attempting to create unified strategic plans, our Summits focus on building concrete skills for working together across differences—in terms of issues, tactics, identities—to strengthen our movement to end Extreme Extraction.  This approach is rooted in the belief that changes in the daily practice of working organizers, rather than ambitious national agendas disconnected from the grassroots, are the keys to a more unified and effective movement.

The E3C holds Summits every 9 months in different regions of the country to spread out the travel burden.  Applications to attend generally open 2-3 months prior to the date of the Summit.  We strive to have the most balanced and diverse group of participants possible for each Summit, while still keeping the total number of participants low enough that we can have full group discussions.  Unfortunately, this means we cannot accept all applications.  Priority is given to grassroots, front-line organizers, but we are also inclusive of representatives from larger organizations, networks and environmental funders. We encourage groups that do similar work and have close relationships to discuss amongst themselves who will represent their sector at a Summit and commit to a robust input and reportback process, so that organizers that are unable to attend can still be part of the conversation.  The Summits have a sliding scale registration fee and travel scholarships are available to make them as accessible as possible to groups with limited financial resources.

Contact E3C for details about the 7th Extreme Energy Extraction Summit.

Colonial Pipeline and site of Sept 2016 leak in Alabama

A Proper Picture of the Colonial Pipeline’s Past

On September 9, 2016 a pipeline leak was detected from the Colonial Pipeline by a mine inspector in Shelby County, Alabama. It is estimated to have spilled ~336,000 gallons of gasoline, resulting in the shutdown of a major part of America’s gasoline distribution system. As such, we thought it timely to provide some data and a map on the Colonial Pipeline Project.

Figure 1. Dynamic map of Colonial Pipeline route and related infrastructure

View Map Fullscreen | How Our Maps Work | The Sept. 2016 leak occurred in Shelby County, Alabama

Pipeline History

The Colonial Pipeline was built in 1963, with some segments dating back to at least 1954. Colonial carries gasoline and other refined petroleum projects throughout the South and Eastern U.S. – originating at Houston, Texas and terminating at the Port of New York and New Jersey. This ~5,000-mile pipeline travels through 12 states and the Gulf of Mexico at one point. According to available data, prior to the September 2016 incident for which the cause is still not known, roughly 113,382 gallons had been released from the Colonial Pipeline in 125 separate incidents since 2010 (Table 1).

Table 1. Reported Colonial Pipeline incident impacts by state, between 3/24/10 and 7/25/16

State Incidents (#) Barrels* Released Total Cost ($)
AL 10 91.49 2,718,683
GA 11 132.38 1,283,406
LA 23 86.05 1,002,379
MD 6 4.43 27,862
MS 6 27.36 299,738
NC 15 382.76 3,453,298
NJ 7 7.81 255,124
NY 2 27.71 88,426
PA 1 0.88 28,075
SC 9 1639.26 4,779,536
TN 2 90.2 1,326,300
TX 19 74.34 1,398,513
VA 14 134.89 15,153,471
Total** 125 2699.56 31,814,811
*1 Barrel = 42 U.S. Gallons

** The total amount of petroleum products spilled from the Colonial Pipeline in this time frame equates to roughly 113,382 gallons. This figure does not include the September 2016 spill of ~336,000 gallons.

Data source: PHMSA

Unfortunately, the Colonial Pipeline has also been the source of South Carolina’s largest pipeline spill. The incident occurred in 1996 near Fork Shoals, South Carolina and spilled nearly 1 million gallons of fuel into the Reedy River. The September 2016 spill has not reached any major waterways or protected ecological areas, to-date.

Additional Details

Owners of the pipeline include Koch Industries, South Korea’s National Pension Service and Kohlberg Kravis Roberts, Caisse de dépôt et placement du Québec, Royal Dutch Shell, and Industry Funds Management.

For more details about the Colonial Pipeline, see Table 2.

Table 2. Specifications of the Colonial and/or Intercontinental pipeline

Pipeline Segments 1,1118
Mileage (mi.)
Avg. Length 4.3
Max. Length 206
Total Length 4,774
Segment Flow Direction (# Segments)
Null 657
East 33
North 59
Northeast 202
Northwest 68
South 20
Southeast 30
Southwest 14
West 35
Segment Bi-Directional (# Segments)
Null 643
No 429
Yes 46
Segment Location
State Number Total Mileage Avg. Mileage Long Avg. PSI Avg. Diameter (in.)
Alabama 11 782 71 206 794 35
Georgia 8 266 33 75 772 27
Gulf of Mexico 437 522 1.2 77 50 1.4
Louisiana 189 737 3.9 27 413 11
Maryland 11 68 6.2 9 781 30
Mississippi 63 56 0.9 15 784 29
North Carolina 13 146 11.2 23 812 27
New Jersey 65 314 4.8 28 785 28
New York 2 6.4 3.2 6.4 800 26
Pennsylvania 72 415 5.8 17 925 22
South Carolina 6 119 19.9 55 783 28
Texas 209 1,004 4.8 33 429 10
Virginia 32 340 10.6 22 795 27
PSI = Pounds per square inch (pressure)

Data source: US EIA


By Sam Rubright, Ted Auch, and Matt Kelso – FracTracker Alliance

FracTracker map of the density of wells by U.S. state as of 2015

1.7 Million Wells in the U.S. – A 2015 Update


 

Updated National Well Data

By Matt Kelso, Manager of Data & Technology

In February 2014, the FracTracker Alliance produced our first version of a national well data file and map, showing over 1.1 million active oil and gas wells in the United States. We have now updated that data, with the total of wells up to 1,666,715 active wells accounted for.

Density by state of active oil and gas wells in the United States. Click here to access the legend, details, and full map controls. Zoom in to see summaries by county, and zoom in further to see individual well data. Texas contains state and county totals only, and North Carolina is not included in this map. 

While 1.7 million wells is a substantial increase over last year’s total of 1.1 million, it is mostly attributable to differences in how we counted wells this time around, and should not be interpreted as a huge increase in activity over the past 15 months or so. Last year, we attempted to capture those wells that seemed to be producing oil and gas, or about ready to produce. This year, we took a more inclusive definition. Primarily, the additional half-million wells can be accounted for by including wells listed as dry holes, and the inclusion of more types of injection wells. Basically anything with an API number that was not described as permanently plugged was included this time around.

Data for North Carolina are not included, because they did not respond to three email inquiries about their oil and gas data. However, in last year’s national map aggregation, we were told that there were only two active wells in the state. Similarly, we do not have individual well data for Texas, and we use a published list of well counts by county in its place. Last year, we assumed that because there was a charge for the dataset, we would be unable to republish well data. In discussions with the Railroad Commission, we have learned that the data can in fact be republished. However, technical difficulties with their datasets persist, and data that we have purchased lacked location values, despite metadata suggesting that it would be included. So in short, we still don’t have Texas well data, even though it is technically available.

Wells by Type and Status

Each state is responsible for what their oil and gas data looks like, so a simple analysis of something as ostensibly straightforward as what type of well has been drilled can be surprisingly complicated when looking across state lines. Additionally, some states combine the well type and well status into a single data field, making comparisons even more opaque.

Top 10 of 371 published well types for wells in the United States.

Top 10 of 371 published well types for wells in the United States.

Among all of the oil producing states, there are 371 different published well types. This data is “raw,” meaning that no effort has been made to combine similar entries, so “gas, oil” is counted separately from “GAS OIL,” and “Bad Data” has not been combined with “N/A,” either. Conforming data from different sources is an exercise that gets out of hand rather quickly, and utility over using the original published data is questionable, as well. We share this information, primarily to demonstrate the messy state of the data. Many states combine their well type and well status data into a single column, while others keep them separate. Unfortunately, the most frequent well type was blank, either because states did not publish well types, or they did not publish them for all of their wells.

There are no national standards for publishing oil and gas data – a serious barrier to data transparency and the most important takeaway from this exercise… 

Wells by Location

Active oil and gas wells in 2015 by state. Except for Texas, all data were aggregated published well coordinates.

Active oil and gas wells in 2015 by state. Except for Texas, all data were aggregated published well coordinates.

There are oil and gas wells in 35 of the 50 states (70%) in the United States, and 1,673 out of 3,144 (53%) of all county and county equivalent areas. The number of wells per state ranges from 57 in Maryland to 291,996 in Texas. There are 135 counties with a single well, while the highest count is in Kern County, California, host to 77,497 active wells.

With the exception of Texas, where the data are based on published lists of well county by county, the state and county well counts were determined by the location of the well coordinates. Because of this, any errors in the original well’s location data could lead to mistakes in the state and county summary files. Any wells that are offshore are not included, either. Altogether, there are about 6,000 wells (0.4%) are missing from the state and county files.

Wells by Operator

There are a staggering number of oil and gas operators in the United States. In a recent project with the National Resources Defense Council, we looked at violations across the few states that publish such data, and only for the 68 operators that were identified previously as having the largest lease acreage nationwide. Even for this task, we had to follow a spreadsheet of which companies were subsidiaries of others, and sometimes the inclusion of an entity like “Williams” on the list came down to a judgement call as to whether we had the correct company or not.

No such effort was undertaken for this analysis. So in Pennsylvania, wells drilled by the operator Exco Resources PA, Inc. are not included with those drilled by Exco Resources PA, Llc., even though they are presumably the same entity. It just isn’t feasible to systematically go through thousands of operators to determine which operators are owned by whom, so we left the data as is. Results, therefore, should be taken with a brine truck’s worth of salt.

Top 10 wells by operator in the US, excluding Texas. Unknown operators are highlighted in red.

Top 10 wells by operator in the US, excluding Texas. Unknown operators are highlighted in red.

Texas does publish wells by operator, but as with so much of their data, it’s just not worth the effort that it takes to process it. First, they process it into thirteen different files, then publish it in PDF format, requiring special software to convert the data to spreadsheet format. Suffice to say, there are thousands of operators of active oil and gas wells in the Lone Star State.

Not counting Texas, there are 39,693 different operators listed in the United States. However, many of those listed are some version of “we don’t know whose well this is.” Sorting the operators by the number of wells that they are listed as having, we see four of the top ten operators are in fact unknown, including the top three positions.

Summary

The state of oil and gas data in the United States is clearly in shambles. As long as there are no national standards for data transparency, we can expect this trend to continue. The data that we looked for in this file is what we consider to be bare bones: well name, well type, well status, slant (directional, vertical, or horizontal), operator, and location. In none of these categories can we say that we have a satisfactory sense of what is going on nationally.

Click on the above button to download the three sets of data we used to make the dynamic map (once you are zoomed in to a state level). The full dataset was broken into three parts due to the large file sizes.

Texas

Texas Oil & Gas Activity

Click on the image below to explore the map.



This map shows horizontally-drilled wells in addition to wastewater disposal and other injection wells. Last Updated: 9/2019


101,266

Horizontal wells

Leases, Pooling Agreements


Drought & Water Availability


Earthworks TX 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

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