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25 Organizations Petition EPA Fracking Waste Disposal Program


NEWS RELEASE


For Immediate Release:  April 29, 2015

For additional information, contact Teresa Mills, Center for Health, Environment and Justice at:

(614)-539-1471

TWENTY-FIVE OHIO CITIZEN GROUPS PETITION U.S. EPA

FOR DRASTIC REFORM OF OHIO’S

FRACKING WASTE DISPOSAL PROGRAM


75% of Ohio’s Disposal Wells for Fracking Waste are in Low-Income Appalachian

Areas That Receive “Comically Inadequate” Public Participation Opportunities and No Meaningful Enforcement

COLUMBUS:  A large coalition of Ohio environmental and community groups sent a detailed, fifteen page demand to U.S. EPA’s Office of Environmental Justice today documenting that Ohio’s program for approving “injection” wells that dispose of highly contaminated wastewater from oil and natural gas “fracking wells” has an overwhelmingly disparate impact on low-income Ohioans in violation of a federal directive requiring that such impacts be identified and given specific safeguards.  74.9% of the 237 active injection wells in Ohio are concentrated in the state’s 32 officially recognized “Appalachian” counties due to their low-income status where just 17.4% of all Ohioans live.  Injection wells disposed of over 1 billion, 46 million gallons of highly toxic fracking wastes in 2014 deep underground where it is supposed to be isolated from drinking water – but the serious problems in the program detailed in the letter place the injection well program’s claims to safety into deep doubt.

The groups charge that Ohio’s injection well regulator, the Ohio Department of Natural Resources (“ODNR”), is a “captive regulator” controlled by Ohio’s politically potent oil and gas industry and has neither the effective public input nor reliable enforcement programs that states with disparate impacts on low-income communities are required to have under a 1994 Executive Order signed by Bill Clinton addressing “Environmental Justice.”  The groups document that the Ohio program has not been updated since it was established in 1983 and has not been changed to address either the rapid growth in waste volume since fracking became common or the requirements of the 1994 Environmental Justice Order despite the obvious disparate impact.

The Environmental Justice Executive Order is enforced by U.S. EPA’s Washington DC-based Office of Environmental Justice where the demand letter was sent.  The injection well program is the only component of oil and gas production where federal oversight exists through the U.S. EPA.  The Executive Order requires that all federal agencies address “disproportionately high and adverse human health or environmental effects” of federal programs “on minority and low-income populations in the United States” through insuring 1) full access to relevant information, 2) meaningful opportunities for public participation in the permitting process, and 3) effective enforcement.

The groups list evidence that ODNR fails badly in all three areas.  It calls ODNR’s current public participation policies established in 1983 “comical but for the profound injustice they cause” due to eight separate defects including that the Department provides only fifteen days to comment on these complicated deep well proposals, routinely refuses to hold public meetings to discuss the permitting process and respond to public concerns, and even claims that citizens have no right to contest its injection well siting decisions in court.  Citizens making public records requests to ODNR routinely wait over two months for a response.  ODNR’s enforcement program is virtually non-existent with not a single fine collected and only a single example where ODNR authorized the state Attorney General to take an injection well to court.  When ODNR inspects injection wells, many violations are ignored while those cited are seldom followed up on to insure compliance.  The injection well program is severely understaffed with only four dedicated inspectors, most of whose time is spent insuring that the wells receive their permission to operate.

For proof of ODNR’s “regulatory capture,” the groups point to the disclosure in February, 2014, of a “communications plan” prepared by ODNR to promote fracking in state parks that proposed aggressively partnering with the oil and gas industry and its lobbyists to overcome resistance from what the Department scornfully called “eco-left pressure groups” which included many of the nation’s most respected environmental groups and even two state legislators.

“With ODNR, it’s everything for the oil and gas industry and nothing for the public. They act just as biased toward the industry as their own secret communications plan revealed them to be,” says Teresa Mills of Citizens for Health, Environmental and Justice who coordinated the letter’s release.  “They treat Appalachian Ohio as the fracking industry’s dumping ground whose people are too poor to resist taking the lion’s share of Ohio’s waste and that from surrounding states.”

The groups also take U.S. EPA to task for its inadequate oversight role over ODNR.  The last oversight report in 2009 was virtually a cut and paste of the previous 2005 report with no mention of ODNR’s severe staff deficiencies or lack of enforcement.  The groups also believe U.S. EPA is just as apathetic toward the public as ODNR citing a 2013 episode where, after ODNR refused to hold public meetings, Ohio’s citizens groups held their own to take testimony; the results were sent to U.S. EPA – who never responded.

The groups have asked U.S. EPA’s Office of Environmental Justice to conduct an investigation of both ODNR’s and U.S. EPA’s injection well programs to determine how they should be reformed to satisfy the 1994 Executive Order and to order that the necessary reforms be implemented to insure that the concerns and health of Appalachian Ohioans are taken into account in the injection well program.  “The industry has effectively blocked all reform in Ohio and in Washington DC,” concluded Ms. Mills.  “This petition is about the only step left to instill some basic fairness into this miserably corrupt system.”

See attached letter.Tejada 4-27-15

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Backyard Talk

Linking Adverse Health Effects and Chemical Exposures

One of the most common questions I get asked is about the health effects of toxic chemicals. Will the chemicals in the landfill harm my children? Will the emissions from the plant cause my family to get cancer? Did the chemicals off-gassing from the PVC flooring cause my son’s asthma? The questions continue every day from people across the country.

Most of what we know about the toxicity of chemicals comes from animal studies and from studies of workers who manufacture the chemicals. From this experience, we’ve learned that dusty air causes lung cancer, benzene causes leukemia, radioactive paint causes bone cancer, vinyl chloride, liver cancer, and certain pesticides cause muscle weakness and paralysis. There’s also limited evidence from studies in communities, especially among children who are highly susceptible to toxic chemicals. At Love Canal, for example, there were high rates of miscarriages and children born with birth defects; in Tucson, AZ, children whose parents drank water contaminated with trichloroethylene (TCE) were born with 2-1/2 times more heart defects than normal; in Toms River, NJ, high rates of childhood cancer was linked to drinking water contaminated with TCE and other solvents; and in Woburn, MA, increased rates of childhood leukemia were associated with drinking contaminated water.

There is no question that exposure to toxic chemicals causes adverse health effects. But for nearly all chemicals there is not enough information on what happens when people are exposed. At best, there’s good information on the toxicity of only about 10% of over 80,000 chemicals in use today.

This makes it very difficult to say with certainty what health effects will occur following exposure to toxic chemicals. Among the uncertainties are how an individual body responds to exposure (this varies quite a lot from person to person), how long exposures occur, how many chemicals you’re exposed to and the actual toxicity of the substance. In most instances, these factors are unknown.

Another confounding factor is that many symptoms or diseases are not specific to a particular chemical. In most instances, there can be many causes of the symptoms that people are having. And since few physicians know much about toxic chemicals, they often tend to blame the victim for his or her situation rather than looking at chemicals as a possible explanation. For example, many physicians will diagnose a person who is fatigued, moody and without appetite as “depressed,” likely to have a problem at home or at work. Seldom is exposure to toxic chemicals considered, even when raised by the patient.

Still another problem is determining the “normal” rate of an illness or disease in a community or in a group of people. Scientists simply can’t decide amongst themselves what is normal, in large part because of the many uncertainties already mentioned.

As a result, evaluating chemical exposures is largely a matter of opinion, not fact. Scientists can give you estimates of risk, or tell you what adverse effects are typically associated with exposure to a chemical, but they cannot tell you with any certainty whether your child will develop cancer because of his/her exposure to TCE or other chemicals in your drinking water. They can give you their opinion, but it’s only an opinion.

This is very frustrating for people. How can we be smart enough to put a man on the moon and bring him back, yet we don’t know much about the toxicity of the sea of chemicals that we live in every day? This speaks volumes about the power of the chemical industry to control government regulations and research agendas.

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Backyard Talk

EPA’s EJ 2020 Action Agenda

The U.S. Environmental Protection Agency has released a draft for public comment of its EJ 2020 Action Agenda (EJ 2020) Framework. This strategy document lays out its plan for continuing to address environmental justice in the context of the agency’s work. EPA is hoping to build on its EJ 2014 Action Agenda and expand that work through commitments that will continue over the next five years. EPA is seeking input on the draft EJ 2020 Action Agenda framework. The public comment period runs from April 15 to June 15. The agency is planning to conduct informational and dialogue sessions during this comment period and is encouraging the public to submit written comments. For more details, see: www.epa.gov/environmentaljustice/plan-ej/.

As described in the draft framework document, “EPA’s environmental justice efforts seek to protect the health and environment of overburdened communities, support them to take action to improve their own health and environment, and build partnerships to achieve community health and sustainability.”

The agencies goal through 2020 is to make a visible difference in overburdened communities by:

  • Deepening  environmental justice practice within EPA programs to improve the health and environment of overburdened communities;
  • Collaborating with partners to expand our impact within overburdened communities; and
  • Demonstrating progress on outcomes that matter to overburdened communities

Key elements to the EJ 2020 plan include incorporating EJ in rulemaking; considering EJ in permitting; advancing EJ through compliance and enforcement; supporting community based programs; fostering administration-wide action; and developing science and legal tools for considering environmental justice in decision-making. The framework document also includes a chart that defines the agency’s status and progress in achieving these key elements. In addition, EPA has established a one-stop informational “Resource for Communities” web portal as well as a new EJSCREEN tool that quantitatively identifies areas with potential EJ concerns by using environmental, health, demographic and enforcement indicators.

Contacts on environmental justice are included for each of the 10 EPA regions and for each of 13 major divisions within the agency such as the Office of Air and Radiation, Office of Water, Office of Research and Development, etc.

EPA will make the draft document available on April 15th on its Environmental Justice website at: www.epa.gov/environmentaljustice/ej2020/. Comments can be submitted electronically to: ejstrategy@epa.gov, or via hard copy to: Charles Lee at lee.charles@epa.gov. If you have any questions, please contact Charles Lee via email or at 202-564-2597.


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Backyard Talk

Crowdsourcing Discovery: White House Celebrates Citizen Science

Expanding our environmental monitoring networks and empowering students to learn about science and the environment: both these elements are critical to advancing a more sustainable, healthier future for communities in the U.S. and worldwide. The annual White House Science Fair this past March gave special focus to citizen science, announcing that the Office of Science and Technology Policy will be holding a Citizen Science Forum before the end of 2015.

Citizen science, also known as crowd-sourced science, is a powerful tool for advancing environmental health and justice. While investigations by scientific professionals add necessary rigor to the analysis of environmental issues, citizens can contribute to monitoring environmental phenomena and gathering data on issues in their own communities that might not otherwise be brought into the light of discovery.

In a recent example from EPA Region 2, citizen science was used in Newark, New Jersey to monitor fine particulate air pollution from traffic. Kim Gaddy, a member of the NJ Environmental Federation, states that the study tried to “bring exposure to the fact that in the City of Newark, and most urban communities, one in four children is asthmatic.” The connections between asthma and air pollution are known in a general, global sense, but gathering concrete data at the local level can help stimulate changes to policies that directly affect community health. The White House’s Citizen Science Fact Sheet also speaks to the power of citizen science projects as “tools for providing students with skills needed to excel in science, technology, engineering and math.”

The announcement particularly highlighted efforts by the Public Laboratory for Open Technology and Science, a group that uses do-it-yourself monitoring techniques to enable communities facing environmental hazards to more effectively participate in decision making processes.  The group is committing to “putting 6,000 low-cost, accessible sensors…into the hands of community environmental researchers to enable residents to identify pollution affecting their own backyards.” New tools include a conductivity/temperature/depth sensor and an oil testing kit. Public Lab is also partnering with SciStarter, the Museum of Science Boston, and Arizona State University’s Center for Engagement and Training in Science and Society to “connect citizen scientists to data collection tools” through a lending library.

In communities facing toxic pollution and exposures, a lack of both scientific attention and the resources to conduct investigations lead many problems to go unaddressed. Citizen science can help leverage the energy and ingenuity of those who have the most at stake in environmental issues, and provide the tools and frameworks necessary for advancing policy change at the local level. Public Lab and other groups are leading the charge to address environmental hazards through crowdsourcing, and the recent White House announcements are an encouraging sign of the increasing importance of citizen science on the national policy level.

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Backyard Talk

Environmental Justice – Learning from Ecuador

In a previous blog by CHEJ’s Science Director, Stephen Lester, we saw that Environmental Justice (EJ) communities are not at all confined to the US. In fact, they may be even more prevalent in developing countries, and their struggles can help us better learn how to fight for justice in our own communities.

One such example is in the South American country of Ecuador, where Texaco, later annexed by oil giants Chevron, polluted massive portions of the Amazon rain forest with their oil drilling operations for nearly 40 years during the later half of the past century. Between 1954 and 1990, the amount of contamination dumped in Ecuador’s Amazon portion is estimated to be over 30 times greater than the oil spilled during the Exxon Valdez disaster.

In 2003, over 30,000 affected Ecuadorians – many of them indigenous people – filed a class-action lawsuit against Chevron, accusing the oil company of being directly responsible for more than 1,000 cancer deaths. Years of legal battles and stalling tactics by Chevron ensued, but in a recent development the International Court of Justice (ICJ) ruled that a prior decision by an Ecuadorean court fining Chevron $9.5 billion in 2011 should be upheld.

Although it is still unclear what body would have the authority to enforce the ICJ’s ruling, this decision is a massive victory for the people of Ecuador. Their perseverance – over 10 years of struggle and activism – lead to this development. In addition, despite having severely limited monetary resources and little education as well as political influence, they found strength in numbers. More than 30,000 individuals came together and organized for the cause. They used the small connections they had to draw in NGOs and other organizations to help them in their cause.

In the end, the people from Ecuador may yet achieve retribution and justice from the multibillion company that polluted their homes and killed their loved ones. As for us, we should congratulate and learn from their hard work and determination.

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Backyard Talk

World Wide Environmental Justice Map



A terrific new resource is available to identify environmental justice (EJ) communities worldwide. The Environmental Justice Organizations, Liability, and Trade (EJOLT) has developed a worldwide interactive EJ Atlas. In an article published recently in the Guardian of London, an interactive map was published that you can click on a button and read the story about the struggle of local grassroots community based groups to address toxics waste sites, oil refineries, deforestation and much, much more.

According to the Guardian, “the EJ Atlas aims to make ecological conflicts more visible and to highlight the structural impacts of economic activities on the most vulnerable populations. It serves as a reference for scientists, journalists, teachers and a virtual space for information, networking and knowledge sharing among activists, communities and concerned citizens.”

The article goes on to say that the atlas was inspired by the work of participating Environmental Justice organizations including the World Rainforest Movement, Oilwatch International, OCMAL, the Latin American Observatory of Mining Conflicts, whose work fighting and supporting impacted communities for over 20 years has helped articulate a global movement for environmental justice. The atlas is a project of Ejolt, a European supported research project that brings together 23 organizations to catalogue and analyze ecological conflicts. The stories were entered by collaborating activists and researchers and moderated by a team at the Autonomous University of Barcelona.

“Beyond stories of disaster and degradation, the struggles documented in the atlas highlight how impacted communities are not helpless victims. These are not only defensive and reactionary battles but proactive struggles for common land, for energy and food sovereignty, for Buen Vivir, indigenous ways of life and for justice. The environment is increasingly a conduit for frustrations over the shape of capitalist development. Tracking these spaces of ecological resistance through the Environmental Justice Atlas highlights both the urgency and the potential of these movements to trigger broader transcendental movements that can confront asymmetrical power relations and move towards truly sustainable economic systems.”

Last year the U.S. portion of the Atlas went live and included the 40 most influential environmental justice cases in U.S. history as identified from a national survey of environmental justice activists, scholars, and other leaders. The survey and mapping effort were led by professors Paul Mohai and Rebecca Hardin and a group at the University of Michigan’s School of Natural Resources and Environment.

Below are links to the article and the Atlas, including a link that takes you directly to the U.S. portion.

Mapping the Global Battle to Protect Our Planet

http://www.theguardian.com/global-development-professionals-network/2015/mar/03/mapping-environmental-protest-justice-defending-land?CMP=share_btn_tw#img-1

Map of Environmental Justice Conflicts in the U.S.

http://ejatlas.org/country/united-states-of-america

Map of Environmental Justice Conflicts Worldwide

http://ejatlas.org/



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Backyard Talk

Fracking and Common Sense

Does fracking really have the potential to contaminate our country’s drinking water supply? Can a process that occurs thousands of feet below the surface really affect it? The gas and oil industry has spent millions and millions of dollars to convince regulators and the American public that fracking is safer than a Volvo. And although their millions have largely succeeded in raising debate on the issue, it only takes some common sense to see how drinking water can be contaminated by this process. Here are only a few (of the probably thousands) of the ways in which drinking water contamination may happen:

  1. 1. Fracking Fluid: Fracking fluid is a toxic soup of different chemicals that together act to prime and dissolve the shale, as well as force gas/oil towards the surface. Oil and gas companies have kept the exact contents of the fracking fluid they use a secret, claiming that it is confidential business information. However, a new ruling in the state of California has pushed companies to reveal over 200 distinct chemicals used in fracking fluids. Many of these chemicals are known carcinogens and neurotoxins such as toluene and formaldehyde. Workers can easily be exposed to these chemicals and communities surrounding drilling sites are at risk from accidental spills.
  2. Drilling: Fracking pipelines dig down to depths of over 10,000 ft. belowground. All throughout, they are encased by rings of cement or other similar materials to prevent chemicals from seeping into the drill-hole’s surrounding. How the heck can you fully encase a 10,000-foot hole that is barely a foot in diameter in cement? It’s like inserting a 10-foot paper straw into beach sand and expecting it not to break along the way. The simple logistics of it mean that there are bound to be cracks and other imperfections that will inevitably allow fracking fluid and collected gases to leech out into the surroundings. In fact, a study published by experts from Duke, Stanford, Dartmouth and the University of Rochester found direct evidence that linked groundwater contamination to faulty casings in gas wells. Other reports estimate that between 5-7% of new gas wells leak due to structural deficiencies, and that number skyrockets to 30-50% as they age.
  3. Wastewater: Wastewater, or “produced water” as the industry calls it, is the byproduct of fracking. It contains the mix of chemicals found in fracking fluid as well as other naturally occurring contaminants from groundwater that are washed out of the fracked shale. This wastewater is then either re-injected into the ground to help force more oil to the surface, heated to make steam and injected to soften heavy oil deposits, stored in surface reservoirs, or most of it is injected underground. Here is where it does it’s damage. Trucks carrying wastewater oftentimes leak it out as they transport it, storage ponds are notoriously porous and injection wells suffer from the same structural problems as gas wells. In short, wastewater will likely find it’s way out and into our groundwater reserves.

There are many, many more ways in which groundwater may be contaminated by fracking. The vast amounts of money spent by industry have led some people to believe the lie that it is a safe and clean technology, but we only need to use our common sense to see just how it can take away one of our most prized resources.

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Backyard Talk

Green Screen: D.C. Environmental Film Festival

Attendees of the 23rd Environmental Film Festival in the Nation’s Capital have traveled the world this past week, from the banks of the Anacostia to the harsh icescape of Antarctica, following pressing environmental issues and reveling in impressive cinematography. And the best part is, the adventure continues until March 29th.

The theme of this year’s festival is “Climate Connections,” but the screenings have covered a broad swathe of both local and global issues from sustainable agriculture to the pollution legacy of the fashion industry. Many of the films have highlighted environmental health issues, but several water-centric films told particularly poignant stories.  On Sunday, the festival held a “Women and Water” event in celebration of World Water Day, which featured films by women filmmakers. The first segment of the session featured stories of pollution and restoration that took place right in CHEJ’s backyard – in the Anacostia and Potomac rivers that run through Washington, D.C.

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Image from Stone Soup Films

‘The Anacostia River: Making Connections’ discussed the rampant discharge of industrial pollutants and trash into the Anacostia, which has threatened the river’s vitality and posed health risks to those who build community on its banks and eat fish from its waters. The film also documented heroic efforts to clean up the Anacostia, restoring it for generations to come. Watch the film here.

In ‘Potomac: The River Runs Through Us,’ researchers and advocates discussed the dependence of the nation’s capital on the waters of the Potomac River, where emerging contaminants like endocrine disruptors may be rearing their toxic heads. In its second half, ‘Women and Water’ expanded its scope from local to global. ‘Riverblue,’ a sobering work-in-progress film, shone light on the fashion industry’s pollution of rivers in India and Bangladesh, where workers must cope with both unsafe working conditions and an environment ravaged by the refuse of tanneries and garment factories.

The festival has curated over 160 films, many of which are showing for free at venues across the D.C. area for the rest of the week. The remaining schedule includes several films that highlight pollution and environmental health issues. Tomorrow (Tuesday), ‘Are Vah!’ tells the story of  of a French power company aspiring to build the largest nuclear plant in the world in a vital fishing and mango production zone of India. On Wednesday, ‘E-Waste Tragedy’ covers the environmental and health implications of toxic electronic waste, while ‘Landfill Harmonic’ discusses poverty and waste pollution in Paraguay. On Thursday, Our Canyon Lands will address pollution resulting from mining development in Utah.

For a full schedule of events, visit the film festival website.

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Backyard Talk

Did Chemical Company Author New Chemical Bill

In recent days, a draft of the bill — considered the product of more than two years of negotiation and collaboration between Sen. David Vitter, R-La., Sen. Tom Udall, D-N.M., and both chemical industry and environmental groups — was circulated by Udall’s office ahead of the hearing. The draft bill, obtained by Hearst Newspapers, is in the form of a Microsoft Worddocument. Rudimentary digital forensics — going to “advanced properties” in Word — shows the “company” of origin to be the American Chemistry Council.   Read full story here.

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Backyard Talk

Ted Glick: It’s Time to Seize the Moment and Ratchet Up the Pressure

For the third time in less than two years, I met yesterday with the chair of FERC, the Federal Energy Regulatory Commission. I was not alone. With me from the “good guys” side were Tracey Eno, leader of Calvert Citizens for a Healthy Community in Cove Point, Maryland; Jocelyn D’Ambrosio of Earthjustice and; via phone because her plane arrived late due to weather, Sandra Steingraber from href=”http://www.wearesenecalake.com/” target=”_blank”>We Are Seneca Lake.

On the “power” side were FERC chair Cheryl LaFleur and literally eight other FERC staff from various parts of their bureaucracy.

More than 2,000 climate justice activists assembled for a rally and march—in Washington, DC at The National Mall on July 13, 2014—to the Federal Energy Regulatory Commission in opposition to the expansion of a natural gas transfer and storage facility at Cove Point on the western shore of the Chesapeake Bay. Photo credit: Stephen Melkisethian/Flicr

My first time meeting with the then-FERC Chair Jon Wellinghoff was in May of 2013. The second time was last June with Cheryl LaFleur. In both cases, as was true of this one, the meetings happened after I and others had gone to one of FERC’s monthly commissioners’ meetings and made our presence felt.

A month ago, after going to FERC with representatives of Green America for a meeting they had set up with Commissioner Phillip Moeller, I was “banned,” the security guard’s word, from the FERC building, escorted out of the meeting room on the 11th floor we had been taken to just as the meeting was about to start. However, several hours later, after contacting someone I knew in the press, I got a call from the executive director of FERC apologizing and telling me I was not banned.

The meeting yesterday was requested just before my temporary banishment. It was requested on behalf of Beyond Extreme Energy, which has been ratcheting up the pressure and putting a public spotlight on the many serious problems with the way FERC works. Robert F. Kennedy, Jr. has called it “a rogue agency.”

What was our hope in requesting the meeting? Our hope, slim as we knew it to be, was that perhaps in the context of a “civilized” sit-down in this way, we could see some signs that the campaign that has been building over the last couple of years to make FERC work for the people and not the fossil fuel industry has had some impact.

There was little sign of that yesterday. After we raised our well-reasoned criticisms of FERC, their rubber-stamping of proposed gas infrastructure expansion projects, their minimal efforts to prioritize wind and solar technologies, they didn’t have much to say. After we pushed it, LaFleur did reference some rule changes they had made to make it easier for those technologies to become part of the electrical grid, and another person did want to know more of our thinking about what they should be doing in the area of renewables. But as Steingraber said afterwards, LaFleur’s main response was to say, in effect, “We’re trying to take it in, we are listening,” little more.

The one exception to this was in the area of FERC’s processes—their website, the meetings they set up and how they deal with administrative appeals after granting a permit for gas infrastructure expansion. There was a bit more, not much, back and forth with FERC staff in these areas. Perhaps, over time, we will see some modifications. Time will tell.

The meeting made crystal clear that we need to sieze the time and ratchet up the pressure. Fortunately, Beyond Extreme Energy is doing so, moving forward with its week-plus of action at FERC from May 21-29. That’s when our growing movement can show our power and speak the truth in powerful ways to those using theirs wrongly. Our children and grandchildren are calling upon us to step it up right now!