A panel of federal judges has rejected permits for the Atlantic Coast natural gas pipeline to cross two national forests and the Appalachian Trail in Virginia, finding that the U.S. Forest Service “abdicated its responsibility” and kowtowed to private industry in approving the project. <Read more>
Tag: hydrofracking
Categories
Fracking Industry’s Water Use Rises
Water use for fracking by oil and gas operators in the Marcellus Shale region rose 20 percent between 2011 and 2016 as longer laterals were drilled to fracture more gas-bearing rock, even though the pace of well development slowed in response to low natural gas prices, a Duke University study said on Wednesday.
The rise was the smallest of any of the six U.S. regions studied, including the Permian Basin area of Texas, where water use surged by 770 percent over the period.
The study also said the volume of fracking waste water produced in the Marcellus – which includes Pennsylvania, West Virginia, eastern Ohio and southern New York, where fracking is banned — rose four-fold to 600,000 gallons in 2016, forcing energy companies to rely increasingly on holding the waste in underground injection wells. Read more.
“The land is our family tree and it speaks of legacies, heritage, and memories. No one would take that away from us. No pipelines on our valuable historic farms. No intruders on our land.” Valerie Williams, a member of Concerned Stewards of Halifax County and an African American landowner in Halifax County.
The Atlantic Coast Pipeline is a 600-mile natural gas pipeline starting at a fracking operation in West Virginia. The pipeline, co-owned by Dominion Power and Duke Energy, runs through Virginia before entering North Carolina in Northampton County. From, there it continues another 160 miles through eight counties in eastern North Carolina, including American Indian and Black communities.
Read more.
Categories
Top FERC To-Do List – Gas Pipelines
Now that its quorum has been restored, one of the Federal Energy Regulatory Commission‘s top priorities will be breaking the logjam of natural gas pipeline projects needing approval that built up over the six months since the body was last able to perform its duties.
The U.S. Senate brought FERC back to fighting shape earlier this month with the confirmation of commissioners Republicans Robert Powelson, a member of the Pennsylvania Public Utilities Commission and president of the National Association of Regulatory Utility Commissioners, and Neil Chatterjee, a senior energy policy adviser to Senate Majority Leader Mitch McConnell, R-Ky.
The two men, along with sitting Commissioner and acting Chair Cheryl LaFleur, a Democrat, give the five-member agency the three commissioners it needs to decide on any action requiring a vote.
While there’s a lot for the commission to catch up on, from projects to policy and regulatory matters, gas pipeline proposals are likely to be at the top of the list for quick action, said David Wochner, a partner at K&L Gates LLP and the firm’s policy and regulatory practice area leader.
“Pipeline infrastructure in the natural gas space … certainly provides one of the best opportunities for a newly constituted FERC,” Wochner said. “It’s an opportunity to really advance President Trump’s infrastructure initiatives, which obviously he talked about all through the campaign.”
There are five projects that are ready to be reviewed by the commission:
· The $5 billion Atlantic Coast Pipeline, a Dominion Energy Inc. project
· The $3.5 billion Mountain Valley Pipeline — a joint effort between EQT Midstream Partners LP, NextEra Energy Inc. subsidiary NextEra US Gas Assets LLC, Consolidated Edison Inc. subsidiary Con Edison Transmission Inc., WGL Holdings Inc. unit WGL Midstream, and RGC Resources Inc. unit RGC Midstream LLC
· The $2.2 billion Nexus Pipeline, a DTE Energy Co. and Enbridge Corp. venture
· The $1.8 billion Mountaineer Xpress Pipeline, a TransCanada Corp. project
· The $1 billion PennEast Pipeline, a joint effort between Southern Co. Gas subsidiary AGL Resources, New Jersey Resources Corp. subsidiary NJR Pipeline Co., PSEG Power LLC, South Jersey Industries Inc. unit SJI Midstream, Enbridge Corp., and UGI Corp. subsidiary UGI Energy Services LLC
All have received their final environmental impact statements from FERC and are waiting for commissioners to decide whether to issue certificates of public convenience and necessity. Those certificates, issued under Section 7 of the federal Natural Gas Act, convey the power of eminent domain to the project owners to use as they construct a pipeline along a right-of-way approved by FERC.
Wochner said he thinks the Nexus and PennEast projects are the best candidates to be handled first, saying they’re both significant infrastructure projects that should be prioritized.
Dena Wiggins, president and CEO of the Natural Gas Supply Association, said there’s no FERC meeting until September, so that would be the earliest any project could be aired in a public meeting. She said the projects could be certified “notationally,” meaning the members can vote on paper — outside of a meeting — and issue a certificate that way. But she added that’s unlikely.
“For big orders, usually staff makes a presentation to the commissioners,” Wiggins said. “Sometimes commissioners will want to make public statements.”
While the pipeline projects have made it through most of the FERC process so far, Kelly Martin, deputy director for the Sierra Club‘s Beyond Dirty Fuels campaign, said that won’t be the end of the story.
“There is major pushback from communities around use of eminent domain, especially in Virginia and in West Virginia,” Martin said. “There are landowners that don’t want their land taken through the use of eminent domain when there’s no public good in the state where they are, or any need.”
In fact, both the Mountain Valley and Nexus pipelines are the subject of new lawsuits, both targeting FERC’s authority to grant eminent domain powers to pipeline companies.
Ohio residents are suing FERC and Nexus Gas Transmission LLC, the company created by DTE and Enbridge to develop the project, alleging the pipeline will primarily export gas, disqualifying it from meeting the “necessity” component of a FERC certificate of approval. The plaintiffs say exporting gas is not a public use for purposes of the takings clause of the Fifth Amendment and is beyond the scope of the Natural Gas Act and FERC jurisdiction in cases involving eminent domain.
Separately, Virginia residents are suing FERC and Mountain Valley LLC, the company created to carry out the Mountain Valley Pipeline project, in another Fifth Amendment takings clause constitutional challenge to the eminent domain provisions of the Natural Gas Act.
Eugene Elrod, a partner at Latham & Watkins LLP, said the lawsuits show that landowners and other parties are looking for new ways to stop pipeline projects.
“If the lawsuits are successful, they would have far-reaching effects, because all pipelines that get certificates of public convenience and necessity from FERC need to exercise this power of eminent domain to condemn the property over which the pipeline will run,” Elrod said.
Martin said groups like the Sierra Club could also ask FERC to reconsider any authorizations granted on climate change or cumulative impact grounds.
“A major concern for us is the climate impacts of methane, which is released at the drilling site, from the pipelines along the way and then from a power plant, if that’s the end use,” she said.
–Additional reporting by Adam Lidgett, Michael Phillis and Keith Goldberg. Editing by Philip Shea and Katherine Rautenberg.
By Juan Carlos Rodriguez Law360, New York (August 14, 2017, 8:48 PM EDT) —
Categories
OHIO’s 1st Human Rights Tribunal
The first human-rights and environmental-justice hearing ever held in Ohio took place in Athens Saturday. The hearing was part of a tribunal process on impacts of fracking as a human-rights issue.
Sixteen presenters from around Ohio testified to a panel of four citizen judges at the First United Methodist Church in Athens, providing more than six hours of testimony.
The event is part of the Permanent People’s Tribunal on Fracking, which is gathering testimony from around the world to deliver to the Permanent People’s Tribunal and the United Nations.
The Athens hearing, one of two planned for Ohio, was initiated by the Buckeye Environmental Network , and organized with support from Torch Can Do!, the grassroots group founded by residents living in and near Torch in eastern Athens County, and a grant from the Center for Health, Environment, and Justice. Torch is the site of one of the largest fracking-waste injection facilities in Ohio. Read more.
Ohio’s regulators have issued a $430,000 fine against a company building a natural gas pipeline from West Virginia to Michigan. Energy Transfer is the company building the $4.2 billion pipeline. It will carry gas from West Virginia, western Pennsylvania and eastern Ohio. Energy Transfer also worked on the contentious Dakota Access pipeline. Read more.
A new study published last week in the Journal of Environmental Protection provides new evidence that the gas extraction process of hydrofracturing, known as fracking, is harming the health of people who live near these wells. This study found that counties in Pennsylvania with higher numbers of fracking wells had higher rates of infant mortality.
The authors compared early infant mortality for the years 2007-2010 in ten Pennsylvania counties that were heavily fracked to the rates for the rest of the Pennsylvania (excluding the 10 heavily fracked counties) for the years 2003-2006 which was considered a pre-fracking period. The results showed a statistically significant 29% excess risk for newborn infants of dying during the first 28 days of life if they were born in the ten heavily fracked counties during the 4-year period following development of fracking gas wells in these counties. The early infant mortality rate for the rest of the state decreased by 2% during this same time-period. The association with infant mortality was even greater in the five northeast Pennsylvania counties of Susquehanna, Bradford, Wyoming, Lycoming and Tioga where the early infant mortality rate increased by 67%. These counties had the greatest number of fracking wells. The early infant mortality rate was increased by 18% in the five southwest Pennsylvania counties of Washington, Westmoreland, Greene, Butler and Fayette where fracking also occurred but at lesser rates.
According to the report, about 50 more babies died in these 10 counties than would have been predicted if the rate had been the same over the study period as it was for all of Pennsylvania, where the incidence rate fell over the same period. Although the study could not prove what might be causing these increases in infant mortality, the authors did observe an association between early infant mortality and the number of drinking water violations in private wells in the five northeast PA counties. This finding led the authors to state that the increase risk of early infant mortality might be related to exposure to drinking water which may be contaminated. They further noted that this contamination might be due to the release of naturally occurring radioactive material, including radium, thorium and uranium caused by underground explosions set off by the natural gas extraction process.
In closing, the authors described early infant mortality as “a flag for genetic damage, and thus represents a “miner’s canary” for other ill health effects in children and adults, particularly cancer, though there is a temporal lag in cancer between exposure and clinical expression.” While this study has its limitations, it still raises serious questions about the safety of the natural gas extraction process called fracking. To read the full study, see <http://file.scirp.org/pdf/JEP_2017042413181160.pdf>.
Categories
Maryland Bans Fracking
Senate passes bill with GOP governor’s support, following six years of grassroots resistance across the state of Maryland
With game-changing support from Republican Governor Larry Hogan, the Maryland state Senate Monday night gave final approval to a bill to forever ban the practice of fracking in Maryland. The move culminates years of protests against gas fracking from landowners, health leaders, and environmentalists in the state. It also sets a nationally significant precedent as other states grapple with the dangerous drilling method.
Maryland will now become the first state in America with proven gas reserves to ban fracking by legislative action. New York has banned the drilling process via executive order. Vermont has a statutory ban but the state has no frackable gas reserves at present.
The Maryland ban is sending political waves across the East Coast and the nation. From Virginia (where leaders have imposed or proposed local bans at the county and municipal level) to the state of Florida (which is looking to follow Maryland’s statewide ban), the “keep-it-in-the-ground” movement is gaining new bipartisan steam even as President Donald Trump recklessly works to approve disastrous pipelines like Keystone XL.
“Let the news go forth to Congress and the White House: fracking can never been done safely,” said Mike Tidwell, director of the Chesapeake Climate Action Network. “The Republican governor closest to DC – Larry Hogan of Maryland – has joined scientists and health leaders in agreeing that fracking must be banned. This is a win for Marylanders and for citizens nationwide as we move away from violent fossil fuels and toward sustainable wind and solar power.”
With Senate passage late Monday night, the Maryland bill will now be sent to Gov. Hogan’s desk in the next few days for signing.
The push to ban fracking in Maryland began six years ago as gas companies swarmed into western Maryland to tap the Marcellus Shale basin. This is the same pool of gas that has been widely fracked in Pennsylvania and West Virginia with negative consequences. But then-Governor Martin O’Malley (D) imposed a temporary moratorium before any drilling occurred. Over the years, the movement for a permanent ban came to include farmers, doctors, students, faith leaders, environmental groups, and others – constituting the largest statewide grassroots movement ever seen in Maryland on an energy issue. Former member of the House of Delegates Heather Mizeur was a leading figure in sparking the statewide ban effort. With time, multiple counties and cities in the state banned fracking locally and public polling consistently showed growing support for a statewide ban. Finally, earlier this month, with overwhelming support among Democratic lawmakers, even the previously pro-fracking Republican governor saw the wisdom of a ban.
The Chesapeake Climate Action Network has been honored to play a leading role in this campaign along with our friends in the Don’t Frack Maryland Coalition, including Food and Water Watch, Citizen Shale, Engage Mountain Maryland, the Sierra Club, the Maryland League of Conservation Voters, Physicians for Social Responsibility and many others.
Pennsylvania officials say they’ve confirmed the state’s first fracking-related earthquakes took place last year in Lawrence County, northwest of Pittsburgh. As a result, the Department of Environmental Protection (DEP) is stepping up its requirements for drilling in that part of the state, which is known for seismic activity. Read more.
Categories
An Open Letter to New EPA Chief Scott Pruitt: You’re Not in Oklahoma Anymore
02/17/2017 06:02 pm ET
Ken Cook Environmental Working Group
Dear Mr. Pruitt:
On Friday, in a near-partisan vote, the Senate confirmed you as the next administrator of the Environmental Protection Agency. It’s sad to say, but this is the darkest moment in the history of an agency that for 46 years has worked to ensure that Americans drink clean water, breathe healthy air and are protected from dangerous toxic chemicals.
As Oklahoma attorney general, you filed or supported more than two dozen lawsuits against the very agency you now must lead. Most notoriously, you sought to block the EPA’s efforts to combat climate change. But you also opposed initiatives to protect children from mercury poisoning, and reduce air pollution that causes asthma and thousands of premature deaths, among other measures to protect public health. In your home state, you did little or nothing to curb water pollution from toxic manure discharged by big chicken and pig farms.
In your confirmation hearing you could not name a single EPA regulation you thought was a good idea – not even removing lead from gasoline.
The day before your confirmation, an Oklahoma judge ordered the release of 3,000 emails between your office and the fossil fuel industry next week. Senate Majority Leader Mitch McConnell decided Americans did not have the right to know what was in those emails before the confirmation vote. For now, we can only speculate about their contents, but your record shows you have collaborated with polluters with the same coziness Gen. Michael Flynn displayed as he communicated with Russia’s ambassador about election tampering.
There has never been a nominee for EPA administrator opposed so strongly by environmental and public health advocates, scientists, and hundreds of current and former EPA officials. We are determined to fight back against what we expect will be an unprecedented assault on public health and the environment. But we also have a word for you:
You’re not in Oklahoma anymore.
It is shameful that someone with your anti-environment record and philosophy has been handed the most important environmental job in the world. But you will not get a free pass to trash America’s air and water as you did in Oklahoma, when you claimed that the interests of polluters were synonymous with the interests of the people of your state.
You will not get a free pass to ignore science or muzzle scientists. You will not slash the EPA budget as you slashed environmental enforcement in Oklahoma – not without a fight.
You will not degrade or subvert the rule of environmental law that represents one of America’s distinctive contributions to the welfare of our planet just to please your polluter cronies, their friends in Congress or their cheerleader in the White House.
Why? Because the American people will rise up and fight you every step of the way.
Our nation’s leadership in environmental protection is a prime example of what has made America great again and again and again – for decades. We have no intention of standing by while you dismantle that hard-won legacy at the behest of fossil fuels or elected fools.
We aren’t going anywhere, Mr. Pruitt. And you are not in Oklahoma anymore.