As new study shows, we don’t know how dangerous fracking might be
San Francisco Chronicle, July 12, 2015
Protesters against fracking rallied at Frank H. Ogawa Plaza and marched for two miles to Lake Merritt Boulevard, Saturday, Feb. 7, 2015, in Oakland, Calif. Photo: Santiago Mejia, The Chronicle
A long-anticipated scientific report about hydraulic fracturing, also called fracking, explains just how much we don’t know about the potential effects of chemicals used in the controversial oil extraction technique. The Legislature and California’s regulatory agencies need to heed the report’s warnings and insist on more data from oil companies about their activities.
“The environmental characteristics of many chemicals remain unknown,” write the authors of the report, which was conducted by the California Council on Science and Technology and Lawrence Berkeley National Laboratory.
“We lack information to determine if these chemicals would present a threat to human health or the environment if released to groundwater or other environmental media.”
The report concludes that we don’t know the risks and hazards associated with some two-thirds of the additives used in fracking, and the toxicity of more than half of the chemicals used in it.
That’s completely unacceptable, which is why the report’s authors suggest limiting the use of chemicals with “unknown environmental profiles.”
Considering the fact that there’s the potential for contamination (of both food and water sources) linked to fracking, the suggestion isn’t much of a stretch.
The report also suggests the need for a stronger regulatory response to current practices. Even the researchers, for example, were surprised to learn that recycled wastewater from the oil fields is being used on crops.
State Sen. Fran Pavley, D-Agoura Hills, has authored a bill, SB248, that requires a new inspections and data recording process for well operations. Last week, Pavley said she intends to amend her bill to include some of the report’s recommendations.
“The scientists are emphatic that state regulators must protect underground sources of drinkable water from being contaminated by fracking in shallow wells and other potentially unsafe practices,” Pavley said in a statement. We agree with that conclusion, and we urge the Legislature to take action to protect consumers and the environment.
“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.”
Today, representatives of New Yorkers Against Fracking, Frack Action and the Sierra Club delivered this giant “Thank You” scroll signed by hundreds of state residents to the 2nd floor of the Capitol Executive Chamber.
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.”
California Environmental Groups Sue to Stop Fracking
By Suzanne Potter, June 11, 2015
LOS ANGELES – California environmental groups filed suit Wednesday to block a Bureau of Land Management (BLM) plan to allow fracking and oil drilling on more than one million acres of public land.
“We think the federal government needs to go back to the drawing board and take a really hard look at fracking pollution threats to water, air and public health,” he says.
The environmental lawfirm Earthjustice filed the suit on behalf of the Center for Biological Diversity and Los Padres ForestWatch. Oil companies named in the suit maintain their operations are safe and comply with all regulations.
Sullivan says fracking and oil drilling put the environment and nearby residents at risk.
“The EPA has found instances in which fracking has contaminated drinking water across the country,” he says. “Here in California we know oil companies have dumped waste fluid into protected underground aquifers.”
The federal lands in question stretch across the San Joaquin Valley, southern Sierra Nevada and along the Central Coast in Ventura, Santa Barbara and San Luis Obispo counties.
Lawsuit: Conspiracy by Gov. Brown, oil companies tainted aquifers
By David R. Baker, June 3, 2015 4:35pm
Kern County farmer Mike Hopkins says he lost a cherry orchard to oil-industry wastewater contamination. Photo: Leah Millis, The Chronicle
A conspiracy involving Gov. Jerry Brown, state regulators, Chevron Corp. and the oil industry let petroleum companies inject their wastewater into California aquifers despite the devastating drought, a lawsuit filed Wednesday alleges.
Gov. Jerry Brown is accused of firing California’s top oil regulator after she started subjecting some of the oil companies’ operations to greater scrutiny. Photo: Rich Pedroncelli, Associated Press
The suit claims that Brown in 2011 fired California’s top oil regulator under pressure from the industry after she started subjecting some of the oil companies’ operations to greater scrutiny, particularly requests to dispose of oil field wastewater underground. Brown then replaced her with someone who promised to be more “flexible” with the oil companies, according to the complaint.
Federal officials have since determined that oil companies have injected billions of gallons of their wastewater into aquifers that should have been protected by law, aquifers that could be used for drinking or irrigation. California regulators have now pledged to end the practice, although some of the injection wells may be allowed to keep pumping until 2017.
“California is experiencing the greatest drought of this generation, and protecting fresh water is of paramount concern,” said R. Rex Parris, lead attorney representing Central Valley farmers on the suit, which was filed in U.S. District Court for the Central District of California.
California’s oil reservoirs contain large amounts of salty water that must be separated from the petroleum and disposed of, usually by pumping it underground. Oil production companies can’t extract oil without some way of handling the left-over water, also known as “produced water.” The urge to boost California oil production prompted the conspiracy, Parris said.
“The fundamental goal of the … conspiracy was to preserve and expand the ability to inject underground chemicals and toxic waste, thereby expanding their oil production and maximizing profits, including tax revenues,” he said.
The governor’s office declined to comment on the suit Wednesday, as did the state’s oil regulating agency, the Division of Oil, Gas and Geothermal Resources. The division is named as a defendant in the suit, as are Chevron, Occidental Oil, two oil industry associations and several state and local officials. A Chevron spokesman said protecting water resources is one of the company’s core values.
The suit marks the latest twist in a long-building problem that burst into the open last year when the division abruptly shut down several wells that it feared could be injecting oil-field wastewater into aquifers already used for irrigation or drinking. Since then, the number of injection wells closed by the state has increased to 23. But the division insists it has not yet found any drinking or irrigation wells that have been tainted by the injections.
The lawsuit argues, however, that at least one Central Valley farmer lost an orchard to contamination from the oil industry’s produced water. Mike Hopkins, one of the plaintiffs in the suit, had to tear out 3,500 cherry trees whose leaves kept shriveling up and turning brown. Tests of the water showed unusually high levels of salt and boron. A former wastewater injection well lay across a rural road from his Kern County orchard.
Much of the suit involves a 2011 episode that until this year received little attention outside Sacramento and the Central Valley’s oil fields.
Oil companies and their political allies complained that the division under its supervisor at the time, Elena Miller, had bogged down the process of applying for underground injection permits. In addition to wastewater disposal, California oil companies need the permits to inject steam or water into aging oil fields as a way of flushing out more petroleum.
Miller had held the position since 2009 and was considered an outsider by the industry. According to the suit, Miller insisted that the law required oil companies to submit detailed engineering and geological studies for each proposed injection well before the division could issue a permit.
The industry balked and took its complaints directly to the governor, urging Brown to fire Miller. A few Central Valley politicians had already done the same. Some environmentalists, meanwhile, had criticized Miller for what they considered her hands-off approach to hydraulic fracturing.
Chevron spokesman Kurt Glaubitz said Wednesday that the company had not urged Brown to remove Miller.
In November 2011, Brown removed Miller. She was replaced by Tim Kustic, who according to the suit dropped the requirement that the companies submit the disputed studies before receiving injection permits. Kustic is also named as a defendant in the suit.
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