“After years of exhaustive research and examination of the science and facts, prohibiting high-volume hydraulic fracturing is the only reasonable alternative,” said New York’s Department of Environmental Conservation Commissioner Joe Martens in a statement. “High-volume hydraulic fracturing poses significant adverse impacts to land, air, water, natural resources and potential significant public health impacts that cannot be adequately mitigated. This decision is consistent with DEC’s mission to conserve, improve and protect our state’s natural resources, and to enhance the health, safety and welfare of the people of the state.”
The Findings Statement concludes that “there are no feasible or prudent alternatives that adequately avoid or minimize adverse environmental impacts and address risks to public health from this activity.” Two groups heavily involved in the campaign, New Yorkers Against Fracking and Americans Against Fracking, praised the decision.
Mark Ruffalo, an advisory board member of Americans Against Fracking, worked diligently to ban fracking in his home state and recently made an appearance on The Daily Show with Jon Stewart to encourage the U.S. to go 100 percent renewable by 2050. In a statement on the finalization of New York’s ban on fracking, Ruffalo said:
I applaud the Cuomo Administration for protecting the public health and safety of New Yorkers by finalizing the ban on high volume fracking. Governor Cuomo has set a precedent for the nation by carefully considering the science, which shows a range of public health and environmental harms, and doing what’s best for the people, not the special interests of Big Oil and Gas. Already, other states and countries are following New York’s lead, with prohibitions including Maryland, Scotland, Wales and just today a crucial county in England. Along with many New Yorkers, I look forward to working on advancing renewable energy and efficiency, showing the world that a cleaner, healthier, renewable energy future is possible. Today I’m proud and thankful to be a New Yorker.
Industry groups have, of course, threatened to sue but the attorneys at Earthjustice are confident that the state Department of Environmental Conservation’s exhaustive review “will withstand legal challenge” and Earthjustice pledges “to stand alongside the state in any legal challenge.”
“Today, nearly a year to the day after communities won the right to ban fracking, New York’s historic statewide ban on fracking is now the law of the land,” says Earthjustice Managing Attorney Deborah Goldberg, who represented the town of Dryden, New York, which won its precedent-setting fracking ban case one year ago tomorrow. “We salute Governor Andrew Cuomo’s refusal to bow to industry pressure. He had the courage to do what no other state or federal leader has had the courage to do: let the available scientific evidence dictate whether fracking should proceed in New York.”
New York now joins Vermont in outlawing the practice altogether, which has been banned in the Green Mountain state since 2012. As Ruffalo mentioned, this spring Maryland approved a moratorium on fracking in the state until October 2017. Scotland and Wales have also instituted moratoriums. And today a county in England rejected applications for fracking permits, which the Wall Street Journal says “effectively extends the moratorium on fracking in the U.K.” Meanwhile, Texas and Oklahoma both passed legislation this spring, barring local municipalities from instituting fracking bans.
“New Yorkers can celebrate the fact that we won’t be subjected to the toxic pollution and health risks fracking inevitably brings,” said Alex Beauchamp, northeast region director for Food & Water Watch. “By banning fracking, Governor Cuomo stood up to the oil and gas industry, and in so doing became a national leader on health and the environment. He set a standard for human health and safety that President Obama and other state leaders should be striving for.”
Press release, Rep. Jan Schakowsky (D-IL) [Editor: Food & Water Watch supports the bill with a petition here. “We know that this is just a first step — that in this political climate it seems like it’s nearly impossible to move things forward — but together we can build momentum to protect the lands that are such an important part of our country.” – RS]
On Earth Day Pocan and Schakowsky Introduce Strongest Federal Fracking Ban in the U.S.
April 22, 2015
WASHINGTON, DC — On Earth Day, U.S. Reps. Mark Pocan (D-WI) and Jan Schakowsky (D-IL), members of the Safe Climate Caucus, introduced the Protect Our Public Lands Act, H.R. 1902. The legislation is the strongest anti-fracking bill introduced in Congress to date and would ban fracking on public lands.
“Our national parks, forests and public lands are some of our most treasured places and need to be protected for future generations,” said Rep. Mark Pocan. “It is clear fracking has a detrimental impact on the environment and there are serious safety concerns associated with these type of wells. Until we fully understand the effects, the only way to avoid these risks is to halt fracking entirely. We should not allow short-term economic gain to harm our public lands, damage our communities or endanger workers.”
“Today is Earth Day – a time to renew our commitment to protecting the air we breathe, the water we drink, and the planet we all call home,” said Rep. Jan Schakowsky. ‘Our public lands have been preserved and protected by the federal government for over one hundred years. We owe it to future generations to maintain their natural beauty and rich biodiversity. I believe the only way to do that is to enact the Protect Our Public Lands Act, and I will continue to fight to see that happen.”
“Our public lands are a shared national heritage, and shouldn’t be polluted, destroyed, and fracked to enrich the oil and gas industry,” said Wenonah Hauter, Executive Director of Food & Water Watch. “Ironically, the President is speaking in the Everglades today, a unique and fragile ecosystem that is threatened by nearby fracking on public land. Congress must follow Congressman Pocan and Congresswoman Schakowsky’s bold leadership and ban fracking on these lands, so that future generations can enjoy these special places.”
Mounting evidence shows that fracking threatens our air, water and public health. To make matters worse, reports have shown that existing fracking wells on public lands aren’t being adequately inspected, creating even more potential for disastrous accidents. Right now, about 90 percent of federally managed lands are available for oil and gas leasing, while only 10 percent are reserved for conservation, recreation, wildlife and cultural heritage.
The Protect our Public Lands Act, H.R. 1902prohibits fracking, the use of fracking fluid, and acidization for the extraction of oil and gas on public lands for any lease issued, renewed, or readjusted. The legislation is endorsed by the Food and Water Watch, the American Sustainable Business Council, Environment America, Friends of the Earth, Center for Biological Diversity, Progressive Democrats of America.
Repost from Inter Press Service [Editor: Significant quote: “’Under pressure from the fossil fuel industry – which has deep pockets and promises employment and investment – several governments have already started to weaken their environmental legislation, alter their tax regimes and put in place industry-friendly mining licensing and production processes, in order to attract foreign investors and expertise….’” See especially U.S. government promotion below. – RS]
First Phase of Global Fracking Expansion: Ensuring Friendly Legislation
By Carey L. Biron
WASHINGTON, Dec 1 2014 (IPS) – Multinational oil and gas companies are engaged in a quiet but broad attempt to prepare the groundwork for a significant global expansion of shale gas development, according to a study released Monday.
Thus far, the hydraulic fracturing (or “fracking”) technologies that have upended the global gas market have been used primarily in North America and, to a lesser extent, Europe. With U.S. gas production in particular having expanded exponentially in recent years, however, countries around the world have started exploration to discern whether they, too, could cash in on this new approach.
According to an estimate published last year by the U.S. Energy Information Administration, some 90 percent of the world’s shale gas could be found outside of the United States – an incredibly lucrative potential. “It’s likely there will be a revolution,” Maria van der Hoeven, the executive director at the Paris-based International Energy Agency, has said.
Yet according to the new study, from Friends of the Earth Europe, a watchdog group, only Brazil has strengthened its regulatory regime in anticipation of this expansion. Of the nearly dozen countries the new report looks at, most are doing the opposite.
“Under pressure from the fossil fuel industry – which has deep pockets and promises employment and investment – several governments have already started to weaken their environmental legislation, alter their tax regimes and put in place industry-friendly mining licensing and production processes, in order to attract foreign investors and expertise,” the report states. “This is often at the expense of the public interest.”
In terms of production this remains a nascent industry. Nonetheless, neither governments nor companies appear to have undertaken efforts to guard against the complexities that will arise, including around the potential for social, environmental and even political tensions.
“The industry is trying to change the legislation in those places where they want to operate, to try to repeat as much as possible the favourable policies we’ve seen in U.S. energy policy,” Antoine Simon, a shale gas campaigner with Friends of the Earth Europe and lead author on the new report, told IPS.
“The key here is to ensure that the legal frameworks are as friendly for the industry as possible. That’s the first phase of this global strategy, and we’re seeing it in each country we studied.”
Outside of North America and Europe, Argentina has moved forward the quickest on shale gas development, and thus offers a key example on legislative action for which companies may be looking.
For instance, Argentina has put in place a new law guaranteeing a minimum price for fracked gas. Further, this minimum price is some 250 percent higher than the previous valuation – a sweetheart guard against the bottomed-out prices that are currently impacting on gas production in the United States.
Simon says this law has a telling nickname in Argentina – the “Chevron Decree”, a reference to the U.S. oil and gas company. The day after the law was passed, he notes, Argentina’s main state-backed oil and gas producer signed a long-term production deal with Chevron.
Other countries have put in place favourable new tax policies for oil and gas investors. In Morocco, for instance, producers will be exempt from corporate taxes for the first decade of operation, while Russia has created similar policies for oil production over the next 15 years.
Yet the lack of action to simultaneously put in place environmental or social safeguards in most countries runs a variety of risks, Friends of the Earth Europe and others warn. Hydraulic fracturing requires massive amounts of water, for instance – up to 26 million litres per drill site.
The new report finds that a significant proportion of shale gas reserves around the world are located in areas that are already experiencing significant water shortages and even related violence. Likewise, many of these shale basins are beneath major cross-border aquifers.
Even before these issues are addressed by national governments, then, the oil and gas industry could gain influence in setting policy on the notoriously contentious issue of freshwater use.
Alongside concerns about the local impact of shale gas development is a broader lack of clarity today on the extent to which developing countries would be able to benefit from any new gas-related revenues. Thus far, only Brazil has specifically addressed this issue.
“In our research, Brazil was the only exception in terms of passing legislation that ensured they would get some significant revenues,” Simon says. “Really that doesn’t seem to be happening in other countries, where instead we’re seeing a lot of legislation that offers state aid to push investors to come to their countries.”
Beyond a few notable exceptions in Latin America and South Africa, Simon suggests that this issue has not yet seen significant opposition by civil society. Still, advocacy groups do point to a growing trend of global understanding and mobilisation on fracking concerns.
“As more and more studies confirm the risks of air pollution, water contamination, increased earthquake activity and climate change impacts from fracking, the more people oppose this destructive and intensive process,” Wenonah Hauter, the executive director of Food & Water Watch, a U.S. watchdog group, told IPS.
“The movement to ban fracking has resulted in hundreds of local communities taking action to stop fracking, several states and countries instituting moratoriums, and the movement continues to grow.”
In October, Food & Water Watch organized an international day of action to ban hydraulic fracturing. Hauter notes that the event featured “over 300 actions in 34 countries, from Australia to Argentina, even Antarctica, calling for a ban on fracking”.
Food & Water Watch reports that France and Bulgaria have already banned hydraulic fracturing, while local moratoriums have also been passed by hundreds of communities across the Netherlands, Spain and Argentina.
U.S. government promotion
Meanwhile, the drivers behind fracking-related pressures are not simply multinational companies and national governments keen on investment. It was in the United States where hydraulic fracturing was invented and proved its potential, and today the U.S. government is reportedly taking a central role in promoting these techniques worldwide.
In almost all of the countries studied for the new report, researchers found the development of shale gas to be “closely linked” to a U.S. government agency, the U.S. Unconventional Gas Technical Engagement Program (UGTEP). Housed within the U.S. State Department, since 2010 the UGTEP has engaged in a wide variety of technical assistance around gas development.
“Governments often have limited capability to assess their own country’s unconventional gas resource potential or are unclear about how to develop it in a safe and environmentally sustainable manner,” UGTEP explains on its website. “The ultimate goals of UGTEP are to achieve greater energy security by supporting the development of environmentally and commercially sustainable frameworks.”
While U.S. diplomats are specifically tasked with strengthening U.S. business prospects abroad, critics say UGTEP’s activities constitute the broad promotion of hydraulic fracturing under the guise of U.S. diplomacy.
“UGTEP uses official government channels and US taxpayers’ money to promote high-volume horizontal hydraulic fracturing worldwide, opening doors for the main global players in the oil and gas industry,” the Friends of the Earth Europe report states.
“Through UGTEP, the US is also actively engaged in re-shaping existing foreign legal regulations to create the desired legal framework for the development of shale oil and gas in the targeted countries.”