ENERGY & THE ENVIRONMENT: Oscar-nominated documentary highlights the drawbacks to natural-gas drilling

Gasland, a documentary that tackles the environmental side effects associated with drilling for natural gas, is up for an Oscar for the best documentary feature at the Academy Awards ceremony tomorrow. Not surprisingly, the fossil-fuel industry attacked the claims that are made in the documentary. However, given the history of environmental litigation that’s associated with fossil-fuel companies and their wrongdoings, the efforts of fossil-fuel companies to circumvent and stifle environmental regulations, and the known environmental crimes that have been committed against the human environment by the fossil-fuel industry, I believe that claims made by the fossil-fuel industry should be taken with a grain of salt. Here is a review of Gasland via Scientific American (a comprehensive review of claims made in Gasland can be found at Greenwire):

Scientific American got its hands on a pre-release copy of the film months before it aired on HBO, and the movie convinced me to write a feature article investigating the claims of fracking critics and promoters. After doing my own research and interviews, it became apparent that, like most documentaries, Gasland revealed surprising facts, amplified a few, and chose to gloss over a couple others. What writer and producer Josh Fox did achieve, regardless, was to blow the lid off the secrecy that kept most local residents, not to mention scientists and regulators, in the dark about the chemicals used in fracking and their possible effects. And he certainly put me on the reporting trail.

You can see a trailer here. And do your own handicapping of Gasland‘s competitors for the Oscar.

And from New Scientist:

[Josh Fox] spends a lot of time on three Colorado households who can all set their water on fire. All three cases were investigated by Colorado’s Department of Natural Resources, and while one was indeed traced to fracking, the other two apparently have nothing to do with it. One homeowner had inadvertently drilled his well through four coal beds, which contained natural gas.

Indeed, the film is at the centre of a row over its supposed inaccuracies. An organisation called Energy in Depth (EiD) has produced a lengthy list of criticisms. But it is worth noting that EiD is funded by a host of major oil and gas companies, and that Fox has produced an equally lengthy rebuttal of their comments.

Regardless of the arguments, will Gasland take home the Oscar? It seems unlikely that arguments about its accuracy will sway the Academy much. But for the record, my money’s on Banksy.

More via the Connecticut Post:

“Gasland” is up for best documentary at Sunday’s Academy Awards ceremony. Director Josh Fox’s dark portrayal of greedy energy companies, sickened homeowners and oblivious regulators has stirred heated debate among the various stakeholders in a natural gas boom that is sweeping parts of the U.S. The film has galvanized anti-drilling activists while drawing complaints about its accuracy and objectivity.

In a letter to the academy, Lee Fuller, the executive director of an industry-sponsored group named Energy In Depth, called “Gasland” an “expression of stylized fiction” with “errors, inconsistencies and outright falsehoods.”

He asked the academy to consider “remedial actions” against the film.

Davis, the executive director, wrote to Fuller that if the academy were to act on every complaint made about a nominated film, “it would not be possible even to have a documentary category.” He said the academy must “trust the intelligence of our members” to sort out fact from fiction.

.       .       .

Fox said the industry’s campaign against “Gasland” has backfired.

“What they’re doing is calling more attention to the film, so I think it works against them,” the director said from Los Angeles. “But I think it shows how aggressive they are, how bullying they are, and how willing they are to lie to promote the falsehood that it’s OK to live in a gas drilling area.”

The documentary category is no stranger to controversy. Michael Moore films like “Bowling for Columbine” and “Sicko,” as well as Al Gore’s 2006 global-warming tale, “An Inconvenient Truth,” have likewise been attacked as biased and inaccurate.

Interestingly, it appears that a quote from a fossil-fuel industry spokesman in a Wall Street Journal article by Ben Casselman was removed, because the quote was critical of the energy sector’s practices of removing minerals from the earth (see the screenshot at right for a copy of the original article that contains the missing quote). The quote that was removed stated, “We have to stop blaming documentaries and take a look in the mirror.” More via Alison Rose Levy for The Huffington Post:

When the article was published on Friday night, it was the first time an industry spokesperson deployed a shift in strategy from the industry’s standard denials and repeated assertions that fracking is safe, despite the numerous reports of problems, such as flammable water, contamination of drinking water, trucks leaking toxic and radioactive waste-water on public highways, the pollution of streams, as well as fires, and explosions in which people have been injured.

“We have to stop blaming documentaries and take a look in the mirror,” Matt Pitzarella, a spokesman for gas producer Range Resources Corp., was quoted as saying in WSJ.

However, if you go to the article, you won’t find Pitzarella’s statement because within the hour the quote disappeared, say citizen journalists, who screen captured it and posted it on Twitter. Gasland director Fox, in Los Angeles, awaiting Sunday night’s Oscar ceremony, has the screen shot of the original version. He also has questions:

“Why did this key quote disappear from the article? Why did the WSJ censor its own piece ? Does the Gas industry get to edit the Wall Street Journal?” Fox wondered. “Who pulled the quote?”

It’s more innocuous replacement from Tom Price, a Chesapeake Vice-President reads, “We need to be able to respond objectively and accurately.”

.       .       .

Although it’s unknown who ordered the yanking of the quote published in the Wall Street Journal, the appearance of censorship, whatever its source, does little to restore public confidence in either the industry reported on, or the media outlet doing the reporting.

Meanwhile citizens are rooting for Gasland to win the Oscar Sunday night at nationwide Gasland parties, and by writing letters to President Obama, asking for a nation-wide moratorium on fracking and safety studies. To learn more and participate, go here.

Despite what you believe about Gasland, here are some facts and observations about hydrofracking that are a cause for concern: (1) the evidence for groundwater contamination from hydrofracking is compelling; (2) the industry maintains that the complete list of chemicals used in hydrofracking are proprietary property, so the industry maintains that they shouldn’t be required to disclose their fracking recipes to government regulators or to the public; (3) in addition to a plethora of toxic chemicals, ”drilling service companies have injected at least 32 million gallons of diesel fuel underground“; (4) like the production of corn ethanol, the energy input associated with hydrofracking might be excessively high and perhaps disproportionate to the actual energy returns that might be derived from the natural gas that’s actually extracted from the ground; (5) animals and people have become sick in areas where hydrofracking is conducted; and (6) hydrofracking is exempt from some major environmental regulations.

Given the large amount of water that must be used and transported during the hydrofracking process (“fracing a typical Chesapeake horizontal deep shale gas well requires an average of 4.5 million gallons per well“), the large amounts of chemicals that must be produced and used in hydrofracking, and the large amount of diesel fuel that is used in hydrofracking, I’m interested in seeing data that compares the energy input that’s required to extract natural gas during the hydrofracking process against the actual energy that’s extracted from the ground in the form of natural gas. Considering the likely high costs to the human environment and to human health, it seems to me, that if the energy return is slight or even in the negative, then why do politicians allow natural-gas drilling in such an extreme and gross negligent manner without reasonable precautions to protect the environment. Of course, the answer is money in the form of profits and subsidies. However, the price paid to land owners and the price paid for natural gas by consumers vastly undervalues and ignores the human and environmental impacts that occur during and after the drilling process.

Another problem with hydrofracking is wastewater treatment. Wastewater contains carcinogens and radioactive elements, and since “radioactivity in drilling waste cannot be fully diluted in rivers and other waterways,” it appears that wastewater from hydrofracking is a threat to drinking water supplies and to public health. Via the New York Times (emphasis added):

With hydrofracking, a well can produce over a million gallons of wastewater that is often laced with highly corrosive salts, carcinogens like benzene and radioactive elements like radium, all of which can occur naturally thousands of feet underground. Other carcinogenic materials can be added to the wastewater by the chemicals used in the hydrofracking itself.

While the existence of the toxic wastes has been reported, thousands of internal documents obtained by The New York Times from the Environmental Protection Agency, state regulators and drillers show that the dangers to the environment and health are greater than previously understood.

The documents reveal that the wastewater, which is sometimes hauled to sewage plants not designed to treat it and then discharged into rivers that supply drinking water, contains radioactivity at levels higher than previously known, and far higher than the level that federal regulators say is safe for these treatment plants to handle.

Other documents and interviews show that many E.P.A. scientists are alarmed, warning that the drilling waste is a threat to drinking water in Pennsylvania. Their concern is based partly on a 2009 study, never made public, written by an E.P.A. consultant who concluded that some sewage treatment plants were incapable of removing certain drilling waste contaminants and were probably violating the law.

The Times also found never-reported studies by the E.P.A. and a confidential study by the drilling industry that all concluded that radioactivity in drilling waste cannot be fully diluted in rivers and other waterways.

But the E.P.A. has not intervened. In fact, federal and state regulators are allowing most sewage treatment plants that accept drilling waste not to test for radioactivity. And most drinking-water intake plants downstream from those sewage treatment plants in Pennsylvania, with the blessing of regulators, have not tested for radioactivity since before 2006, even though the drilling boom began in 2008.

In other words, there is no way of guaranteeing that the drinking water taken in by all these plants is safe.

That has experts worried.

“We’re burning the furniture to heat the house,” said John H. Quigley, who left last month as secretary of Pennsylvania’s Department of Conservation and Natural Resources. “In shifting away from coal and toward natural gas, we’re trying for cleaner air, but we’re producing massive amounts of toxic wastewater with salts and naturally occurring radioactive materials, and it’s not clear we have a plan for properly handling this waste.”

On the Net & Resources:

  1. A bill to amend the Safe Drinking Water Act to repeal a certain exemption for hydraulic fracturing
  2. Controversy behind an Oscar-nominated documentary
  3. Did the Gas Industry Censor the Wall Street Journal?
  4. Documentaries could give green tinge to the Oscars
  5. The Drillers Are Coming: Debate over Hydraulic Fracturing Heats Up
  6. Fort Worth Democrat’s bill would require ‘tracer’ in drilling water
  7. Gas Drilling Technique Is Labeled Violation
  8. Groundtruthing Academy Award Nominee ‘Gasland’
  9. Industry tried to get doc disqualified from Oscars
  10. List of 78 Chemicals Used in Hydraulic Fracturing Fluid in Pennsylvania
  11. Natural Gas Industry Rhetoric Versus Reality
  12. Sparks Fly Over ‘Gasland’ Drilling Documentary
  13. Wall Street Journal Caves to Industry Pressure on Gasland

NATURAL GAS: Drilling companies injected over 30-million gallons of diesel underground to extract natural gas

Between 2005 and 2009, oil and gas service companies injected more than 30 million gallons of diesel fuel or hydraulic fracturing fluids containing diesel fuel in wells in 19 states, according to an investigation released by House Energy and Commerce Committee Democrats.

Politico

Image of frackwater via Keith Srakocic/Associated Press. Frackwater is a byproduct produced from natural gas drilling activities. Image of protest sign via ltmayers on Flickr.

The fossil-fuel industry doesn’t make or produce coal, natural gas, petroleum, or any other type of fossil fuel. The industry merely extracts materials that have been made by natural processes within the Earth.

However, the fossil-fuel industry reaps huge profits by polluting the human environment and natural landscapes. Although, the fossil-fuel industry has a well-documented history of making profits at the expense of the environment and human health, the industry has received billions in subsidies from governments and taxpayers. The entire process is deplorable and immoral. More via the Dallas Morning News (emphasis added):

Drilling companies violated federal law by injecting 16 million gallons of diesel fuel underground in Texas to extract natural gas, senior House Democrats said Monday.

In a letter to the Environmental Protection Agency , the lawmakers said the companies failed to obtain necessary permits when they used diesel fuel in their hydraulic fracturing mixtures. The fracturing process, which is widely used in North Texas’ Barnett Shale, has come under scrutiny as environmental groups and some residents allege it has contaminated drinking water supplies.

The congressional inquiry, which began in early 2010 when Democrats controlled the House, did not conclude that the use of diesel polluted any drinking-water sources. The Democrats said the firms they questioned couldn’t provide data on the proximity of drilling operations to underground sources of drinking water.

.       .       .

Nationwide, over 32 million gallons of diesel fuel or fluids containing diesel were injected underground, the lawmakers wrote. The drilling firms used 10.2 million gallons of “straight diesel fuel” and 21.8 million gallons of products containing at least 30 percent diesel, the letter states

The ugly truth of the natural gas boom via the post-gazette.com:

The natural gas boom gripping parts of the United States has a nasty byproduct: wastewater so salty, and so polluted with metals like barium and strontium, that most states require drillers to get rid of the stuff by injecting it down shafts thousands of feet deep.

But not in Pennsylvania, one of the states at the center of the gas rush. In Pennsylvania, the liquid that gushes from gas wells is only partially treated for substances that could be environmentally harmful, then dumped into rivers and streams from which communities get their drinking water.

In the two years since the frenzy of activity began in the vast underground rock formation known as the Marcellus Shale, Pennsylvania has been the only state letting its waterways serve as the primary disposal place for huge amounts of wastewater produced by a drilling technique called hydraulic fracturing, or fracking. State regulators, initially caught flat-footed, tightened the rules this year for any new water treatment plants, but let existing operations continue discharging water into rivers.

At least 3.6 million barrels of the waste were sent to treatment plants that empty into rivers during the 12 months ending June 30, state records show. That’s enough to cover a square mile with more than 8 1/2 inches of brine.

Halliburton is among twelve companies that were cited in the House probe. Via Reuters:

The probe of diesel use in hydraulic fracturing, a practice that has allowed drillers to tap abundant shale gas, found that oil services firms such as Halliburton (HAL.N: Quote) and BJ Services, which was bought by Baker Hughes Inc (BHI.N: Quote), injected millions of gallons of fluids containing the fuel into wells between 2005 and 2009. A total of 12 companies were cited in the probe for using diesel without proper permits.

Critics say the chemicals used in the process, called “fracking,” can contaminate drinking water.

In 2003, the Environmental Protection Agency entered into a voluntary agreement with Halliburton, BJ Services and Schlumberger (SLB.N: Quote) to eliminate the use of diesel fuel in hydraulic fracturing fluids injected into coalbed methane wells.

In addition, a 2005 energy law exempted hydraulic fracturing, or fracking, from regulation under the Safe Drinking Water Act, except when diesel is used.

Still, the probe found that no oil and gas service companies sought or were issued permits for the use of diesel fuel in fracking between 2005 and 2009.

Democrats who sponsored the probe in the House of Representatives urged the EPA to look into this matter.

GREENHOUSE GASES: EPA to announce that greenhouse gases endanger public health and welfare

An endangerment finding from the EPA would be a win for Copenhagen. More from The Hill:

EPA is expected to issue a formal finding today that greenhouse gases endanger public health and welfare, which sets the stage for the agency to regulate the emissions under its existing power.

.       .       .

The so-called endangerment finding stems from a major 2007 Supreme Court decision that enables EPA to limit the emissions if it finds that greenhouses gases are indeed a danger. The agency issued a preliminary finding in April.

The EPA announcement could also give U.S. negotiators more leverage at the international climate talks in Copenhagen that begin today, demonstrating domestic action even though Congress has not completed a final bill to curb emissions.

Of course the so-called United States Chamber of Commerce doesn’t support an endangerment finding, because the Chamber believes that climate change regulations will hurt businesses. However, the impacts of climate change—and from environmental degradation and exploitation—will cost (and is currently costing) small businesses and families. The Chamber’s positions are shortsighted and lack prudence, because their position on climate change isn’t based on the science and observations of what’s really occurring. From the New York Times:

The move gives President Obama a significant tool to combat the gases blamed for the heating of the planet even while Congress remains stalled on economy-wide global warming legislation.

The E.P.A. finding also will allow Mr. Obama to tell delegates at the United Nations climate change conference that began today in Copenhagen that the United States is moving aggressively to address the problem.

.       .       .

Industry groups and the United States Chamber of Commerce have objected to the proposed regulations, saying they would damage the economy and drive jobs overseas. Some groups are likely to file lawsuits challenging the new regulations, which could delay their effective date for some years.

Thomas J. Donohue, the president of the Chamber of Commerce, said that the endangerment finding “could result in a top-down command-and-control regime that will choke off growth by adding new mandates to virtually every major construction and renovation project.” He said that his group supports “rational” federal legislation and an international agreement to control global carbon emissions.

Update: EPA officially announces endangerment finding:

Video: EPA: Greenhouse Gases Endanger Human Health:

On the Net:

  1. EPA: Greenhouse Gases Threaten Public Health and the Environment / Science overwhelmingly shows greenhouse gas concentrations at unprecedented levels due to human activity
  2. TODAY: Administrator Jackson to Make Significant Climate Announcement
  3. U.S. Environmental Protection Agency

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CLIMATE CHANGE: Bill Maher slams unreasonable Republican climate change skeptics

Last night on his HBO show “Real Time with Bill Maher,” Maher had a message for climate change disbelievers. More specifically, Maher dismantled Republican Senator James Inhofe:

This man is the ranking Republican on the Environment Committee in Congress. He has no science background whatsoever, yet he’s gonna tell the hundreds of climate scientists assembled in Copenhagen—you know the people with the PhDs in the relevant fields—that they don’t know what they’re talking about. Education means nothing in America, because Mr. Inhofe is hardly alone, [since] three-quarters of the Republican Congress basically agrees with him, and they’re even pivoting from their old excuse of ‘global warming needs more study’ to . . . ‘it’s too late, might as well keep burning coal . . .[and] adapt’ . . .

Furthermore, Maher said, “These people are so stupid they make me question evolution.” The relevant portion is about 2:00 into the video.

via The Huffington Post

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CLIMATE CHANGE: Second Circuit Court of Appeals decision in Connecticut v. American Electric Power Company “game-changing”

The Second Circuit announced an important decision today that allowed several states and land trusts to continue their nuisance claim against various U.S. utilities over their release of carbon dioxide emissions, which contribute to climate change. From Reuters:

A U.S. Appeals Court reinstated on Monday a 2004 lawsuit by eight states and the city of New York against five of the largest U.S. utilities over their carbon dioxide emissions.

The lawsuit was dismissed in October 2005 by U.S. District Court Judge Loretta Preska, who said the issue was a political question for Congress or the President, not the judiciary.

Monday’s ruling by the U.S. Court of Appeals for the 2nd Circuit in New York said the judge “erred in dismissing two complaints on the ground that they presented non-justiciable political questions.”

The lawsuit against American Electric Power Co Inc, Southern Co, Xcel Energy Inc, Cinergy Corp and the Tennessee Valley Authority public power system, argued that greenhouse gas emissions from their plants were a public nuisance and would cause irreparable harm to property.

The utilities are five of the largest carbon dioxide emitters in the United States. Around 40 percent of U.S. carbon dioxide emissions come from fossil-fueled power plants.

The plaintiffs aren’t seeking money damages but injunctive relief. More on the plaintiff’s claims from Courthouse News Service:

Carbon dioxide acts as a greenhouse gas that traps heat in the earth’s atmosphere, causing the earth’s temperature to rise, the plaintiffs claimed. They asked the court to force the power companies to cap and then decrease emissions, warning that the earth’s temperature “will accelerate over the coming decades unless action is taken to reduce emissions of carbon dioxide.”

They filed suit under federal nuisance law or, alternatively, state nuisance law. The district court dismissed their actions as barred by the political question doctrine, explaining that the issue of global warming is best left to the political branches of government to resolve.

The plaintiffs launched a multipronged appeal, claiming that their cases aren’t barred by the political question doctrine; they have standing to sue; their federal nuisance claim was properly pleaded; and the Clean Air Act doesn’t displace that claim.

The power companies argued the opposite on each of these points and urged the Manhattan-based appeals court to back the lower court’s decision.

In a 139-page opinion, the court found that all of the plaintiffs have standing to challenge the alleged contributions to global warming, which the court characterized as “interference with a public right in protecting natural resources.”

And although the Clean Air Act addresses pollution and global climate change, the court ruled, the Environmental Protection Agency “does not currently regulate carbon dioxide under the (Act) – at least not in the sense that EPA requires control of such emissions at this time.” In other words, the EPA has only proposed regulation; it hasn’t imposed it.

Without specific regulation, the Clean Air Act and other federal laws “touching on” global warming don’t prevent the plaintiffs from suing under federal nuisance laws, the court concluded.

The judges also rejected the power companies’ claim that the lawsuit would undermine the nation’s global climate-change strategy. This claim “simply reiterates their political question argument and must be rejected for similar reasons,” Judge Hall wrote.

Finally, the court determined that the Tennessee Valley Authority isn’t immune from suit based on its status as a federally chartered agency.

“The flaw in TVA’s … argument is that TVA is not the United States or Congress,” Hall wrote, noting that the TVA has sided against the government “in a number of cases.”

The Second Circuit stressed that they’re not being asked to solve the problem of global warming where government has failed. From The Australian:

“A decision by a single federal court concerning a common law of nuisance cause of action, brought by domestic plaintiffs against domestic companies, does not establish a national or international emissions policy,” US Circuit Judge Peter W. Hall wrote.

“Nor could a court set across-the-board domestic emissions standards or require any unilateral, mandatory emissions reductions over entities not party to the suit.”

The cases were seeking to limit and ultimately reduce carbon emissions at six domestic coal-fired electricity plants, rather than ask the court to “fashion a comprehensive and far-reaching solution to global climate change,” Judge Hall wrote.

US District Judge Loretta Preska in Manhattan dismissed the cases in 2005, saying the question of whether carbon-dioxide emissions should be reduced laid with Congress, not the courts.

.       .       .

Connecticut Attorney General Richard Blumenthal said: “This ruling restoring our legal action breathes new life into our fight against greenhouse gas polluters and changes the legal landscape to impose responsibility where it belongs.

“Our legal fight is against power companies that emit a huge share of our nation’s CO2 contamination, but it will set a precedent for all who threaten our planet with such pernicious pollution.”

New York Attorney General Andrew Cuomo said, “This is a game-changing decision for New York and other states, reaffirming our right to take direct action against global warming pollution from power plants.

“Today’s decision allows us to press this crucial case forward and address the dangers posed by these coal-burning power plants. My office will continue to be a leader in the fight to tackle the risks global warming poses to our environment, public health and economy.”

The cases were remanded to Judge Preska for further proceedings.

New US Supreme Court Justice Sonia Sotomayor was on the three-judge panel that heard arguments in the case in 2006. However, Justice Sotomayor wasn’t involved in the decision as a result of her elevation to the high court.

Representatives at AEP, Southern, Xcel and Duke said employees at their companies were still reviewing the decision and wouldn’t comment until they had had a chance to read the entire 139-page document.

A TVA spokeswoman said TVA had just received the decision and will review it in its entirety.

Another global warming case is a much watch. In Native Village of Kivalina v. Exxon Mobil, et al., a nusiance action was brought by an Alaskan village against oil companies. The villagers are seeking monitary damages.  According to Wikipedia, Native Village of Kivalina v. Exxon Mobil is “the first is to recover ‘monetary damages for defendants’ past and ongoing contributions to global warming’; the second, to recover ‘damages caused by certain defendants’ acts in furthering a conspiracy to suppress the awareness of the link between these emissions and global warming.’” More from National Underwriter Property And Casualty Insurance News:

Still, the Anderson Kill panel noted that one case worth watching is Native Village of Kivalina v. Exxon Mobil, et al., in which an Inuit village in Alaska has brought a nuisance suit in February 2008 against major oil companies.

The plaintiffs are seeking joint and several liability for nuisance and civil conspiracy, claiming that the oil companies’ contribution to global warming has caused melting ice which will lead to the eventual flooding of their village.

The case was brought in California. John Nevius, a shareholder in the New York office of Anderson Kill, said a motion to dismiss was filed in June 2008 in Virginia. He said the insurance company defending the suit has cited the pollution exclusion in its motion.

You can read the Second Circuit’s decision here.

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