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Why The West VA Oil Spill Will Not Be The Last

A ball of fire engulfed the town of Mount Carbon West Virginia. In a freaky déjà vu moment reminiscent of the events of April of last year in Lynchburg VA, a train hauling more than 100 tankers derailed during a snowstorm on Monday in West Virginia. Just like last year, the train operator was CSX. Just like last year, a local river was contaminated. And just like last year, the train was carrying crude oil from the increasingly fracked Bakken formation in North Dakota.

These moments of déjà vu are increasingly becoming common. In a 10 month period from March 2013 to January 2014, 10 major crude oil spills occurred due to train accidents. In the last week alone, two major oil railcar incidents made headlines – one being the incident in West VA and the other a similar accident in Ontario, Canada.

Why is all this happening? Simple. Oil and gas production has increased exponentially in the past few years mainly due to the fracking boom that has taken over the country. The amount of oil being transported through rail has increased from 9,500 carloads in 2008, to over 400,000 in 2013 according to the Association of American Railroads; and 2014 figures are expected to far surpass this number. More oil equals more trains – and more trains equal more accidents.

The oil and gas industry has spent millions of dollars to convince the nation that fracking is safe and environmentally friendly. Its several potential dangers, from groundwater contamination and exhaustion to public health and social issues, are unquestionable truths that are clouded in the eyes of the public by constant streams of money from the industry. Now, the increase in railroad accidents, like the Mount Carbon spill, are a new threat to add to the long list of hazards due to fracking. And as this new danger gains more media attention, the oil and gas industry will be the reason why this oil spill will not be the last.

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Southern Community Groups Call for the Right to Say No to Natural Gas Facilities

Campaign to Safeguard America’s Resources Today community groups in Virginia, North Carolina and Georgia called for the establishment of local veto power over natural gas extraction, transport and use. At rallies, marches and other public events extending from Floyd, Virginia, across North Carolina to Valdosta, Georgia, people joined in a chorus of protests against pipelines, compressor stations, power plants, hydrofracking wells and waste dumps and for the restoration of property rights and local control over energy policy in the Southeast.

Lou Zeller, Executive Director of the Blue Ridge Environmental Defense League, said, “Today we launch the campaign to Safeguard America’s Resources because of our nation’s dangerous reliance on fossil fuel, including natural gas, which pollutes the air and water. But we also see a parallel danger to our communities, to our society and to our democracy from a dominant oil and gas industry.”

At press conferences in county courthouses, community buildings, a university and a small church, League chapters called for action to halt natural gas facilities in their communities. Following the speeches, they joined caravans and parades to focus public opposition at the local government level. Events across the region echoed the twin themes of danger and opportunity.

Kim McCall, Secretary of the Concerned Citizens of Richmond County, North Carolina, spoke against hydro-fracking and the expansion of Duke Energy’s natural gas power plant in Hamlet. She said, “We are petitioning local governments for the ability to veto projects that threaten our homes, our families and our neighbors.” The group has petitioned EPA to deny the air permit to increase toxic air pollution by 36% from the combustion turbine electric power plant in her backyard.

To launch their campaign in Lee County, North Carolina, members of EnvironmentaLEE held a prayer vigil and rally at Mount Calvary Baptist Church, which is located in front of the brickyard in Sanford where the dumping 8 million tons of Duke Energy’s toxic coal ash is proposed. Deb Hall, a member of EnvironmentaLEE, said, “We are already ground zero for fracking, and the North Carolina General Assembly stripped local governments of their ability to control fracking and coal ash dumping. This threatens our health, the environment, community self-determination, and property rights.”

Mark Laity-Snyder, a founding member of Preserve Franklin county, joined others carrying black coffins in a caravan to Floyd, Virginia. He said, “We chose a coffin to represent the loss of a basic American right, the right to be secure in our homes without private companies taking our land.” Jenny Chapman, from nearby Preserve Bent Mountain, said, “For a corporation like Mountain Valley Pipeline to override the rights of private citizens to their land, safety and quality of life is unacceptable.”

Pat Hill, co-founder of Person County PRIDE in Roxboro, North Carolina, said, “My husband and I live next to the Republic mega-dump. We want to have a voice in protecting our water and air quality because we live with it every day.” She continued, “The toxic wastes deposited here endanger our health and the health of our neighbors. Coal ash contains arsenic, lead and many other poisons. Because hydrofracking uses secret contaminants, it could have an unknown number of dangerous compounds.”

Michael G. Noll, President of Wiregrass Activists for Clean Energy in Valdosta, Georgia, sounded a note of hope, saying, “This is the beginning of a new era, where we see the unified efforts of communities across the nation to safeguard America’s resources, to wean ourselves of fossil fuels, and to protect the unalienable rights of citizens to clean water and air. I am convinced that safe and renewable sources of energy like solar and wind will be the lunar landing of our generation.”

Mara Robbins, Virginia Campaign Coordinator for the Blue Ridge Environmental Defense League and organizer of the Floyd March and Demonstration, said, “We chose to have this action here because we stand in solidarity with all the counties that are resisting the threat of the Mountain Valley Pipeline.” She pointed to many different communities in three states that are calling for community-level veto power over fossil fuel projects. Referring to her success in pushing the pipeline route out of her home county, she said, “Though Floyd is not in the line of fire at the moment, we claim the right to say NO to dangerous proposals that utilize eminent domain over the wishes of the people. And we think all communities deserve that right.”

The Blue Ridge Environmental Defense League was founded in 1984. The organization has a thirty-year track record of victories over polluting facilities.

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Health Effects of Fracking – New Evidence

The evidence linking adverse health effects and exposure to chemicals generated during the natural gas extraction process of hydraulic fracturing (also known as fracking) continues to mount. The latest evidence, published in the journal Environmental Health Perspectives, found that people living near natural gas wells may be at increased risk for adverse health impacts including respiratory and skin conditions. The study examined nearly 500 people in 180 households in Washington County, PA, home to some of the most intense fracking activities in the U.S. The authors found that residents who lived less than a kilometer (about 2/3 of a mile) from a gas well reported more adverse health symptoms than residents who lived more than 2 kilometers from a gas well (about a mile and a third). Residents living less than a kilometer from a gas well were also more likely to report skin conditions during the past year as well as upper respiratory symptoms. The effects did not go away when adjusted for potential confounding variables including age, cigarette smoking, education level and occupation. The study did not find an association between proximity to a natural gas well and increased cardiac, neurological or gastrointestinal symptoms. According to the author, this study is the largest to examine general health conditions among people living near fracking sites.

Researchers from Yale University, the University of Washington and Colorado State University collected their data by going door-to-door and asking people to participate in a general health study. The authors followed the study participants for two years from 2012 to 2014. They did not tell people that the study was looking at the adverse health effects of fracking. The authors hoped this approach would reduce the potential for bias in people reporting the results. There are plans for an even longer term study.

The authors concluded that “airborne irritant exposures related to natural gas extraction activities could be playing a role. Such irritant exposures could result from a number of activities related to natural gas drilling, including flaring of gas wells and exhaust from diesel equipment.” According to the authors, the results underscores the need for ongoing health monitoring of people living near natural gas extraction activities in order to better understand the potential health risks. “We’re at a stage in which we know enough to recommend prudent precaution and exposure reduction,” stated Peter Rabinowitz, one of the co-authors, from the University of Washington.

To read the full paper, click here.

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Demand What You Want-Not What’s “Feasible”

Truer words have never been spoken. In CHEJ’s recent training on Lessons Learned from New York State, which recently banned fracking until it can be proven safe, Eric Weltman from Food and Water Watch told the group to demand what you want not what is feasible.

I find it frustrating and a bit troubling when I visit communities who are struggling to protect their health and environment from environmental threats and they ask for less than they deserve and need. When I ask leaders, “why short change themselves,” they often respond saying they don’t want to sound unreasonable or worse because their opponents said it’s too expensive. Leaders and community members are often bullied into believing that they must take less or they won’t get anything. This is just not true.

At Love Canal in 1978, our community was told that government does not evacuate families and purchase homes because of toxic pollution. If we didn’t stick to our goal we would never had been evacuated. When the environmental health and justice movement demanded that no more commercial landfills be built, we were all told it must go somewhere. Several years later up until today no new commercial hazardous wastes landfills have been built, although it is still legal to do so.

In one of CHEJ’s consumer campaigns around a multinational corporation, we were demanding they take certain products off their shelves. The corporations response was, we won’t be bullied by radical environmental group. Yet a short time later they did exactly what we and consumers across the country asked.

No one should ask or accept as the final decision, what is not right and fair. However, winning the big ask is more difficult and demands serious discipline. Everyone needs to be on the same page and demand the same goal. Yes, there are always those few who will say out loud and even in the media that they would be wiling to accept less. Yet if the loud vocal people, the base of the majority, the framers of the campaign stick with their larger goal for justice, they will dominate the campaign. Those with smaller goals will be essential drowned out by the voices and actions of this  larger group.

This was the case in New York State around fracking. There were good people who would have accepted better regulations or only drilling in certain parts of the state. In every issue those working from various groups often have different goals. Sometimes their efforts help build toward the larger goal and other times they may be an irritation. The key to win it all is to build larger stronger, more visible opposition and demand for the larger goals. In this way you can win your goals without publicly fighting with others.

As Eric told us, “we were relentless. With op-eds, press events, using the public participation/comment period to submit a hundred thousands of “comments” that said Ban Fracking Now –not detailed line by line comments about regulations that were proposed. Hundreds of groups participated in bird dogging the governor who couldn’t go anywhere without a group, small or large in his face demanding he ban fracking.”

Secondly, Eric was clear that you need a single target, in NYS it was the governor. “You need to find the person who has the power to give you what you are demanding,” he said. I would add that it always needs to be a person not an entity, like regulatory agency or corporation. You need a human face on your opponent and your messengers to make it all work.

This is a time tested strategy and if you follow it you are more likely to receive a higher level of justice not a compromising solution.

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Guest Blog: Fracking Impacts Without Drilling

Guest blog by Ann M. Nau, Vice President, Myersville Citizens for a Rural Community

In talking about ‘fracking’, oftentimes the industry tries to limit the discussion to the actual process of injecting liquid at high pressure into rock formations to extract gas. However, there is a broad network of infrastructure that is required to support that process, including storage facilities, compressor stations, metering stations, processing facilities, gathering lines, and intrastate and interstate pipelines. And regulatory oversight of those components falls to various local and federal agencies, if it is regulated at all. Very generally speaking, activities related to drilling fall under state authority while the federal government has oversight of interstate pipelines and associated facilities.  And what that means for towns like Myersville is that while there is currently no fracking in Maryland, the natural gas boom has already negatively affected our community.

Myersville is a picturesque rural community of approximately 1,600, nestled in the Middletown Valley of Frederick County, MD about 40 miles north of Washington, DC. It is a place where families have lived for generations and where newcomers have settled, seeking the serenity and closeness a small town offers.

And it is here, approximately 1 mile from our only elementary school that Dominion Transmission (DTI), a subsidiary of Virginia-based power giant Dominion, sought to build and operate a 16 thousand horsepower natural gas compressor station to move gas along its interstate pipeline. This station would annually release 23.5 tons per year of Nitrogen Oxides in addition to particulate matter, volatile organic compounds, carbon monoxide, and green houses gases.

The citizens of Myersville were overwhelming opposed to this plan. We held rallies, wrote over 600 opposition letters, hired an attorney, and formed a community group.

In August of 2012, the Town Council unanimously voted against Dominion’s application to amend the Town Master Plan, finding among others things that the project posed a risk to the citizens.  And by doing so, the Town denied Dominion the necessary local zoning approval required by Maryland Department of the Environment to issue an air permit.  Despite all of this, in December of 2012, the Federal Energy Regulatory Commission or FERC authorized the project.  Armed with that certificate, DTI sued both the Town of Myersville and MDE, using the power of federal preemption granted in the Natural Gas Act to override local and state zoning.

FERC is an independent regulatory agency within the US Department of Energy with jurisdiction over interstate electricity sales, natural gas pricing, and oil pipeline rates.  It also reviews and authorizes liquefied natural gas (LNG) terminals, interstate natural gas pipelines and hydropower projects. The   Commission is composed of five embers, or Commissioners, who are appointed by the President and

In spite of our best efforts, as you enter Myersville, you are greeted by Dominion’s toxic-emission spewing gas compressor station. And while Myersville may be one of the first communities in Maryland impacted by build out from fracking, I can assure you it will not be the last. Already, our friends in Cove Point, MD are battling the LNG export plant and Williams Transco seeks approval to increase compression capabilities in Howard County. In fact, an industry group states that to support natural gas drilling nationally, they will need PER YEAR for the next 25 years1:

•           850 miles of new natural gas transmission mainlines,

•           Over 800 miles of new laterals to and from power plants, processing facilities and storage fields

•           14,000 miles of new gas gathering lines

•           More than 580,000 hp for pipelines and gathering compression

To put that into perspective, here is a 2008 map of natural gas pipelines and compressor stations.



So when we discuss fracking, we need to consider all the impacts associated with it– from drilling rigs, compressor stations, pipelines, processing plants, storage facilities and export plants.  We must not allow separate regulatory schemes to divide and conquer us.  Because what happens to our neighbors in West Virginia, in Pennsylvania, in Ohio, in Western MD, in Myersville, in Howard County, in Lusby, affects all us.

1http://www.ingaa.org/file.aspx?id=21498

Ann M. Nau is the Vice President of the Myersville Citizens for a Rural Community, http://mcrcmd.org/.

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Grassroots Activism Makes the Difference in New York

Right before Christmas, the Washington Post ran an interesting article you may have missed. It laid out the conundrum of two states coming to very different conclusions about fracking within its boundaries. Both states, New York and Maryland, had moratoriums in place and were evaluating pretty much the same technical and scientific information, yet they came to very different conclusions.

In New York, Governor Andrew Cuomo chose to ban the practice of hydraulic fracturing or “fracking” in New York State. Fracking is the process of injecting a chemical/water mixture under extreme pressure deep into the earth in order to “fracture” rock and release natural gas (or oil). Cuomo’s decision followed a report from the New York Department of Health that found “significant public health risks” associated with fracking including concerns about water contamination and air pollution. In a press statement, the state health commissioner stated that there was “insufficient scientific evidence to affirm the safety of fracking.”

On the other hand, Maryland Governor Martin O’Malley decided to allow fracking go forward in the western part of the state. This decision was based on a joint report from  the Maryland Departments of the Environment and Natural Resources, which concluded that with adequate regulation, “the risks of Marcellus Shale development can be managed to an acceptable level.” Both reports acknowledged that there are risks from fracking, due primarily to groundwater and air contamination, but also that there is a great deal that is not known about the extent of these risks, or the long term effects.

The articles concludes “that these two decisions on fracking, while draped in scientific language, were — in fact — probably not really scientific decisions at all.” Thank you Washington Post for pointing out what grassroots activists have known for years – that most decisions about environmental risks are based on political, economic and other factors, and not on available science, no matter what anyone tells you.

The article goes on to attribute the different decisions to four factors – politics, who did the studies for each state, the amount of land affected and the use of the precautionary principle by one state (NY) and not the other. All these factors liked came into play, but there‘s another factor not mentioned that likely played an even larger role, and that is the role of grassroots activism. In New York, grassroots activists were overwhelmingly opposed to fracking and this position was repeatedly made known to Cuomo and other state decision-makers. Since being elected in 2010 Cuomo could not go anywhere in the state without seeing signs asking him to ban fracking. This message was delivered time after time by numerous groups in New York as well as by celebrities, scientists and others.

The lesson here isn’t that reasonable agencies and state governors came to different decisions based on different evidence and information. It’s that the grassroots activism in New York made a huge difference and helped convince Cuomo and other decision makers in the state that there was enough known about the risks posed by fracking not to move forward and that the unknown risks were too serious to ignore.

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A Mother's Story About Fracking

This is a first hand description by Jodi from PA who was recently dosed with toxic chemical inside of her home that were released from a nearby well pad and gas line. She now has skin rashes on her face, neck and chest. She is nauseous and extremely tired.

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Even if Prepared – If No One Sounds The Alarm Someone Gets Hurt

They called 911 but never alerted the residents – They evacuated 22 families as the oil spilled out but won’t tell us the risks – the train derailment is being cleaned up but people are still sick — the seven inch well stack exploded into the air like a missile – Where are the Protections?

In Montrose Borough, PA a woman was concerned and curious about a loud noise coming from a fracking site not too far from her home. Vera Scroggins decided to take a ride and find out what was happening. She described this journey in her letter to the editor.

“I was in a friend’s living room on March 19th in Montrose Borough, Pa., Susquehanna County, at about 5 p.m., and heard a loud noise going on for eventually over an hour and it sounded almost like a gas flare but later found out it was an ESD release, an emergency shutdown, of pipelines as part of safety measures and routine maintenance.

I followed the sound to Sterling Rd., South Montrose, about 2 miles away or more and it was loudest there. People, like myself, were driving around trying to find out what this was. This was a new experience for me. I have found out that gases were released for over an hour and we, the community are being exposed to this by Williams Gas.”

It is amazing how this story is the same as the story from families living around chemical plants, pipelines, incinerators, dumpsites and so many more dangerous places. Government and corporate profiteers get away with releasing chemicals accidentally or on purpose and don’t have to notify people at risk.

As a result there is no way for innocent families to prepare themselves for the danger. Families often think about fire and have a fire alarm or explain to children in the event of a fire in the homes here is what you do. Schools across the country have fire drills so that students and staff are prepared in the event of a fire.

Yet in communities like Vera’s or most recently March 29th in Arkansas a pipeline rupture where tar sands sludge spilled 12,000 barrels of oil throughout the community causing the evacuation of at least 22 families. March 30th a fracking explosion shot a huge, long pipe into the air landing in the cab of a construction truck. Earlier in March in Paulsboro, NJ a train derailed and a toxic cloud covered the area people were confused about what to do but worse they were told the risk was low. Yet a 77 year old woman died after breathing those toxic chemicals from the train derailment.

Vera is right when she said in her letter, when she talked about the lack of notification and preparedness for such accidents. “No one in the community was notified except 911 about this. We need to know who to call when this happens and be told what it is to allay our fears and anxiety. And we need to know what the health impacts from gases being released from pipelines in this instance and any more that will happen in the future.”

In all of these situations we often talk about the issues in a bigger broader context but the past month has really demonstrated how local the issues are and that our focus needs to include large policies or regulatory change but also change that can address the many needs for safety notification and enforcement at the local frontline communities.

Vera and other just like her across the country want answers and help. It’s time to focus on these needs.

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A day in the life of CHEJ staff.

A Cold Wednesday in March Demonstrated the reach CHEJ has and how much is really accomplished.

A Cold, Windy and Snowy Day Did Not Stop Us.

Wednesday March 6th a storm was brewing across the Midwest and Northeast.  Despite the snow and travel warnings CHEJ’s leaders moved forward.  Here is what happened on that cold, windy and snowy Wednesday in March.

A day in the life of CHEJ

As I juggle calls from activists across the state of Ohio working on fracking, deep well injection, air pollution, cancer clusters and more I’m freezing outside at and anti injection well rally at the state capital.  Cold and tired watching e-mails cross my phone from CHEJ’s home office I realize how much CHEJ does in a day to move the country toward a safe, healthy and justice place for American families.

While I’m in Columbus, Ohio participating with my neighbors and friends to speak out about fracking waste disposal.  Even with the nasty weather, over 125 people gather at the state house to ask legislators to  stop accepting out-of-state fracking wastes. Ohio now has over 200 injection wells and last year accepted  581,559,594 gallons (that’s right over 581 million gallons) of fracking wastes.

My co-worker is working on greening the market place organized a shareholder action in Arizona around Disney’s use of poison plastic in toys and other children’s products.  This morning a shareholder action was held in Phoenix, Arizona.  Leaders handed out informational packets to Disney shareholders to ask them to stop using PVC the poison plastic in their toys.  Many shareholders had no idea that toys were being made in a way that could harm young children.

Commemorating 35th Anniversary of Love Canal

In New York City

That same evening a celebration and fundraiser was held in New York City with our Executive Director Lois Gibbs.  This was our first event  of several, commemorations of Love Canal events 35 years ago were underway.  Chevy and Jayni Chase joined us as our special guest along with 67 others who braved the weather to celebrate with us that evening.  CHEJ surpassed our fundraising goal at the event and launched the Leadership Training Academy.  Great time was had by all with great food, drinks, conversations with colleagues and a preview of the new documentary A Fierce Green Fire, The Battle for A Living Planet.







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Drill Deeper on Fracking NY

“Drill deeper,
New York” said the Albany Times-Union in a recent 1/15/13 editorial, saying, “with our health and environment on the line, New York still has many issues to address before moving forward on fracking.”

“Perhaps more than any other place in New York, the Capital Region knows that science matters. An unswimmable Hudson and a half-billion dollar PCB dredging project just up the river from Albany are costly proof of what happens when we make decisions on incomplete knowledge. It’s a good time to remember this as New York winds down its review of high volume horizontal hydraulic fracturing — popularly known as fracking. There are disturbing signs that, even after more than four years, we don’t have the knowledge to make a fully-informed decision….

The question is simply this: What’s the risk to human health and the environment? We’re not convinced the state Department of Environmental Conservation knows — especially when some scientists and physicians are saying they aren’t sure… Scientists warn that there are many things they don’t yet know about the fracking process. They’re still learning about the effect on human health of constant noise and light from activities like gas drilling. Geologists are looking at a marked rise in earthquakes in some parts of the country where there has been an increase in fracking or deep well drilling for fracking fluid disposal. And some wonder if, when the entire production process is considered, natural gas is as clean as its proponents say.

And then there’s a potentially key document — a health study on fracking that’s being done by the state Department of Health — that has yet to be finished or made public. The state has engaged a group of scientists to review the Health Department study, but that review is secret, too. The DEC says it will consider whether the findings of the Health Department raise any significant issues.

In other words, the public, after getting less than all the information it needed to comment on fracking, could well be shut out of further comment even when that information is revealed. Under the latest timetable, the entire review could wrap up by late February. That timetable is quite simply unfair and inappropriate, given what we now know, and what we don’t.

…Any fair current analysis must return, time and again, to fracking’s still uncertain cost, not just in dollars and cents, but in terms of human health, safe drinking water, and a clean environment. When the stakes are that high, everything we don’t know should be a red flag.

http://blog.timesunion.com/opinion/drill-deeper-%e2%80%a8new-york/23705/