Category Archives: earthquake

Cuomo Fracks New York State with Irony and Disassociative Policy Disease


 

(BREAKING NEWS:  With so many promising initiatives outlined by the Governor in his State of the State Address,  it may seem like base cavilling to focus on a single issue like “fracking,” but my underlying assumption is that high-volume, high-pressure hydraulic fracturing is not the “problem.”   It is a symptom of the problem and it serves quite nicely to illustrate a corollary:  “If you partner with industry (especially the gas extraction industry) you will be forced to engage in tortured reasoning,  mad dashes left and right and a convoluted persecution of the laws that govern public Agencies.  (The  State Administrative Procedures Act ((SAPA), for instance,  figures heavily in an intent to sue notice prepared by David and Helen Slottje,  founding attorneys at Community Environmental Defense Council, Inc.  Last night, as this Breathing article was getting final edits,  the Slottjes wrote,  “…we will turn a version of this  [notice] into a formal petition to the State detailing why the regs and the draft SGEIS are illegal, demanding that the regs and the draft SGEIS be withdrawn, and placing the State on notice that suit will be brought if the demand is not honored.”)

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First, whether you are a pro-fracking or pro-Moratorium New Yorker,  when you searched the text of Governor Cuomo’s  State of the State Address for some variation of “frac,”  “fractured,”  “frack,”  or “frackturing,”  you were immediately rewarded with several instances of  “FRAC.”   Armed with a fresh cup of coffee or some sedative,  you prepared to delve into the convoluted shoals that are Cuomo’s  gas extraction policy.

And that’s where you encountered the first multi-layered irony.  During the past month, activists sent New York’s Department of Environmental Conservation (DEC)  more than 200,000 comments about the Agency’s  regs,   draft SGEIS,  its review process and lack of adherence to State law.  Many of those comments were submitted “under protest” and came on the heels of more than 60,000 submitted during the last round of dSGEIS comments.  But the “FRAC” in the Governor’s speech didn’t refer to gas, extraction or hydraulics.  It’s the Food Research and Action Center which studies accessibility to “affordable fresh fruits and vegetables” and the impact of that accessibility on health.  It is a notable initiative but kind of moot if New York’s  fertile foodsheds are fracked.

You settled in a little deeper and began to review the State of the State Address category-by-category.

Under the broad heading of “Economic Development,” Governor Cuomo  touted Tax-Free Hot Spots, Academics and Unemployment Insurance.  He announced, “The Adirondack Challenge, a national rafting and paddling competition…[that] will  focus the world’s attention on the unparalleled natural beauty and recreational opportunities of the Adirondacks to attract tourists to Upstate New York.”

That’s lovely for the Adirondack and Catskill Parks which are protected from fracking by the NYS Constitution, but how will tourists reach those oases if not via a scenic gas drilling byway?   Additionally, as Cuomo  plots to protect some areas of New York State as more worthy of conservation than others, the Adirondack Mountain Club has reminded him, “It is clear from Article XIV, section (3)(1) of the Constitution that the state cannot enter into a lease with any private corporation for the extraction of natural gas from any state forest or reforestation area located in the counties of Greene, Ulster, Sullivan, or Delaware counties.”

Uh oh.

The Governor spoke to the Economy of Tomorrow and laid out a plan to Make New York the Leader in the Clean Tech Economy. He pledged himself to the creation of a workforce capable of meeting the new demands of his 21st century model.

And he drew a special bead on Upstate Economic Development.  He connected the dots between poverty, food deprivation and a failure to thrive. He outlined a plan to bolster our farms and families by strengthening Farm to School Programs. (This is of especial importance to Sullivan County, NY which a recent Robert Woods Johnson Foundation report placed next to last for health factors of all New York State counties.)

The particular attention Cuomo paid to Upstate Economic Development may have set some heads to shaking. On one hand, he lauded the value of Upstate water and  soil resources – citing to them and our foodsheds as indispensable pieces of NY’s economic engine — while,  on the other,  his  SGEIS proposes to protect the NYC and Syracuse watersheds  and leave the Upper Delaware River Basin (and its organic farmers) to the mercy of inadequate setbacks. (Sec.  7.1.5:  Revised Draft SGEIS 2011,  page 7-55.)

For instance,

… as stated in sub-section 7.1.3, the Department proposes that for at least two years the surface disturbance associated with high-volume hydraulic fracturing, including well pad and associated road construction and operation, be prohibited within 500 feet of primary aquifers.

And,

… uncovered pits or open surface impoundments that could contain flowback water … are subject to a 300-foot separation distance from water wells under Appendix 5-B of the State Sanitary Code.  Flowback water tanks and additive containers … which require a 100-foot setback from water wells.  Handling and mixing of hydraulic fracturing additives onsite…requires a 150-foot distance from water wells.  The Department proposes that it will not issue well permits for high-volume hydraulic fracturing within 500 feet of a private water well or domestic-supply spring, unless waived by the landowner.

If those  “set-back mitigations” strike you as inadequate, then add this nugget to the sludge on your plate:  gas wells in New York State will be permitted within 150 feet of schools.

That’s right.  As Cuomo  outlined a broad range of education improvements with optimistic headings like,  more learning time,  full-time pre-k programs for highest needs students, better teachers, principals and evaluation systems — all excellent proposals —  his SGEIS will allow gas wells to be drilled within 150 feet of those excellent teachers, students, playgrounds, programs and classrooms.

No doubt,  Disassociative Policy Disorder strikes again.

Fighting Hunger in New York

Governor Cuomo has good reasons for envisioning a future-New York where our families are well-nourished by the bounty of our own organic farms. (New York farmers regularly lead the nation in produce donated to food banks and food pantries.  Just sayin’.)

In 2006,  NYS was home to “580 certified organic farms  with 68,864 acres in production.  In addition, there were more than 100 organic processors doing business in the State…”

Only two years later, the US Department of Agriculture reported that  NYS had grown to  827 organic farms and was ranked fourth in the nation as a result.   More,   NYS was second in the country with  319  organic dairy farms;  second to Wisconsin with 99 organic beef farms  and fifth for organic vegetable and melon farms with 190.  (Our $60.2 million dollars in organic milk sales for 2008 placed us fifth in the nation.)

The Governor even cited to  Bay Shore’s Farm to School Project, “Edible EastEnd, an innovative collaboration between Long Island’s Bay Shore Union Free School District, the New York State Department of Agriculture and Markets and Office of General Services, and Long Island potato farmers to increase service of Long Island potatoes in Long Island Schools)…”

And he pledged to create a Statewide Anti-Hunger Task Force with one goal being to increase “the use of New York farm products and healthy foods in anti-hunger programs.”

Yes, while painting a rosy picture of New York State’s schoolchildren being educated for the 21st century in a state fueled by sustainable industries and locally-grown food,  Cuomo’s SGEIS has determined that  many New York  schools and much of our vast foodshed will be left vulnerable to the dangers of crazily inadequate setbacks.

Worse, even if the setbacks seem a dandy solution to you, consider that you and the Governor have overlooked another threat to foodsheds in Upstate New York and the Upper Delaware River Basin:  migrating air pollution from the Hancock compressor,  the Millennium Pipeline and other components of the extraction industry.

Fingers crossed that if airborne contaminants endanger the Organic status of local Upstate NY farms, Vermont won’t charge much to  stock NY’s  school lunch programs.

Human Health

In addition to educating our children and feeding them more and healthier local food,  the Gov is determined that New York will Set the “Gold Standard” for Patient Care.

  • “The best way to improve the health of New Yorkers and to lower health care cost is to avoid preventable illness and the health care interventions they require,” he said.

He even devoted 7.5 typewritten pages to sepsis, “An overwhelming immune and inflammatory response to infection.”  He laid out an entire plan of attack to improve preventative care and to combat nosocomial infections. He was inventive and passionate.

He skipped over the fact that his SGEIS has been roundly decried by doctors, medical societies, nurses and epidemiologists for ignoring the cumulative impacts of gas extraction on human health.

He forgot to mention the plethora of reports coming in from the frontlines of Gasland about endocrine disruptions, immune system dysfunction and leukemia.

He ignored that gas extraction and production companies are exempt from revealing the toxins they use in their processes and that doctors are prohibited from telling injured patients the nature of the gas production toxins that have harmed them.

However, our governor made it clear that he intends to be a juggernaut when it comes to ensuring a fair Public Safety Policy that will open like a protective umbrella over all our heads.  He spoke about gun violence and ended with this,  “Some weapons are so dangerous and some ammunition devices so lethal that we simply cannot afford to continue selling them in our state.”

Yes, Governor Cuomo,  but perhaps there are industries and devices “so lethal that we simply cannot afford”  to welcome them into our communities, either.

I won’t belabor the Governor’s insistence that New York State must improve its reputation for cloaked dealings with lobbyists because one sentence drove all his remonstrations from my head,  “A public database will provide the fullest disclosure of lobbyist and other meetings with state officials in the country.”

Then why, oh why,  Governor Cuomo, did activists have to labor so hard to expose the fact that  Independent Oil and Gas Association  (industry lobbyist) worked hand-in-hand with  NY’s Department of Environmental Conservation to write our State’s gas extraction regulations?

The Governor also outlined a number of new Public Safety initiatives in response to the devastation wrought in New York State by Hurricane Sandy.  He described the NYS 2100 Commission and the importance of building “resiliency” into our “planning, protection and development approaches…”  He vowed to “reduce the emissions that contribute to our changing climate,”  to “increase alternative local renewable power sources,”  and to “provide assistance to property owners to mitigate or sell properties in vulnerable areas.”

Although the Gov is referring to homes damaged or obliterated by Hurricane Sandy,  the door he opens is intriguing.  Will those whose properties are damaged or destroyed by their neighbors’ fracking also be considered “vulnerable?”  Will those property owners also be helped to relocate?  Will they be helped to find a new and better quality of life? Will our organic farmers be rewarded with new  sources of clean water and soil?

And when Cuomo says that,  “Much of New York’s infrastructure is aging and susceptible to damage from extreme weather events or seismic threats,”  is he planning to replace bridges,  roads, and neighborhoods impacted by frack-created earthquakes?

Or when he admits that, “there are miles of aging [ gas] pipeline[s] that are prone to leakage and vulnerable to storm damage (and ground movement) [in New York State],”   does he intend to hire hundreds of new DEC field agents to police, test and enforce remediation of those leaks?  Or will citizens be detailed to stand on either side of the pipes to hold them in place as they rock to the beat of seismic drums?

And when he says we need to “strengthen our wastewater infrastructure” because, “Flooding and storm surges from Lee, Irene, and Sandy resulted in hundreds of millions of dollars of damage to waste water treatment plants and the release of hundreds of millions of gallons of raw and undertreated sewage,”  is he considering just how toxic the stew would be with Marcellus Shale’s radioactive materials added to the mix?

Or does he believe that his newly-minted  World-Class Emergency Response Network —  like All the King’s Horses and All the King’s Men —   will simply put New York  back together again after the extraction industry has bedded, fracked us, and moved on?

 

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Additional Links, Resources and Citations:

“Ecosystem resilience is the capacity of an ecosystem to tolerate disturbance without collapsing into a qualitatively different state that is controlled by a different set of processes. A resilient ecosystem can withstand shocks and rebuild itself when necessary. Resilience in social systems has the added capacity of humans to anticipate and plan for the future. Humans are part of the natural world. We depend on ecological systems for our survival and we continuously impact the ecosystems in which we live from the local to global scale. Resilience is a property of these linked social-ecological systems (SES). “Resilience” as applied to ecosystems, or to integrated systems of people and the natural environment, has three defining characteristics:

• The amount of change the system can undergo and still retain the same controls on function and structure
• The degree to which the system is capable of self-organization
• The ability to build and increase the capacity for learning and adaptation”

Source: The Resilience Alliance Website

 

As part of  Governor Cuomo’s  plan to “Harden Our Utilities,”  he wants the following NYS Public Service Commission (PSC) recommendations adopted as soon as possible.  It sounds dandy, actually.  Too bad  these initiatives don’t extend to the Department of Environmental Conservation or the gas extractors that Agency is mandated  to regulate.

  • The PSC will be statutorily authorized to levy administrative penalties against each utility for violations of PSC orders and regulations or upon a finding that such utility has failed to provide safe and adequate service under a “reasonable business” standard (comparable to the prudence standard). The size of the potential penalties will be increased, and provisions will be adopted to ensure that the penalties are paid out of shareholder capital and not passed on to ratepayers.
  • The PSC will be authorized to issue an order that directs a utility to comply with recommendations made pursuant to management and operations audits.
  • The PSC will recommence operational audits at least every five years as currently required under the Public Service Law.
  • To implement the strengthened auditing functions of the PSC, consideration will be given to having a dedicated auditing unit to help ensure that the PSC is well-situated to fully exercise its statutory authority and perform both management and operational audits.
  • Consideration will also be given to creating a dedicated unit for investigating and enforcing utility compliance with PSC orders and recommendations and with utility tariffs.
  • Statutory changes should be considered to explicitly authorize the PSC to formally review the performance of each of the Investor-Owned Utilities to provide safe and adequate service, and order appropriate relief including divestiture of some or all of a utility’s assets, subject to both due process standards and the need for continuity of service. To ensure compliance with the recommendations put forth by the PSC after a review, the Commission also recommends the clear establishment of the PSC’s authority to revoke the Certificate of Public Convenience and Necessity.
  • DPS staffing and budgetary levels will be reviewed to ensure they are sufficient to carry out the newly-designed core functions of the PSC, and procedures should be reviewed to ensure cross-training of the existing workforce, implementation of performance management standards and technology upgrades. Given the substantial retirements at DPS in recent years, the agency currently is not staffed to the level authorized in the FY 2012-13 budget of 524 full-time employees (FTE). Based upon the additional mandates that the Commission recommends, the DPS staffing authorization will be maintained in the FY 2013-14 budget and DPS will recruit and hire up to the 524 FTE allotment to assist in implementation and enforcement of the new mandates.
  • Similar to Sarbanes Oxley where CEOs need to certify the validity of their financial statements, consideration will be given to requiring senior officers of each utility to annually certify to the PSC that the utility is acting in compliance with all applicable State laws, rules, regulations, orders, and procedures, including the statutory requirement to provide safe and adequate service.
  • All appointees to the PSC will have demonstrated competence in some aspect of utility regulation as well as a concern for the public well-being.

Gas Drilling Reps Grilled In Sullivan County


According to a press release from the Independent Oil and Gas Association of NY (IOGA-NY),  “The Independent Oil and Gas Association of New York together    with the Sullivan County Partnership for Economic Development (Partnership)**  will host a public information session to address the environmental, scientific and economic aspects of natural gas exploration.”

At their blog, Marcellus Facts,  the IOGA-NY’s  agenda is described in significantly different terms,    “You can review media coverage, our Homegrown Energy booklet and other materials that highlight the many benefits of natural gas exploration of the Marcellus Shale.”  (Italics added for emphasis.)

Fifteen minutes before the 6:30 start time, Bernie’s parking lot was full and cars lined the side of the road.

The meeting opened  with  remarks  by IOGA-NY’s  reps who boasted degrees in hydrology, geology and jurisprudence.  They were, with the exception of the attorney,  folksily garbed in blue jeans and low-key short sleeves.

The audience settled in to view,  “Homegrown Energy,”  IOGA-NY’s  self-described  “educational”  film  which provided a  cartoon-style description of  the drilling and hydraulic fracturing  process.

One audience member asked why IOGA-NY  had shown us a cartoon rather than a video of actual fracking operations.  “We’re not children,”  she added.  A while later, the sentiment was amplified by someone else,  “Why cartoons?  Why don’t you show us how the drilling and fracking look in Fort Worth and Dimock?”

The cartoon film  illustrated each stage of the drilling/hydraulic fracturing  process.  At one point,  it assured us that the cement casings (barriers) that are constructed to retain the toxic  fracturing fluids and gas are  safe and reliable.  (However,  after a house exploded in East Lake, Ohio, “The Ohio Department of Natural Resources later issued a 153-page report [2] (PDF) that blamed a nearby gas well’s faulty concrete casing and hydraulic fracturing [3].)

The cartoon attempted to allay fears concerning the toxic  ingredients found in hydraulic fracturing fluid (“mud” — which is injected through the well bore under enormous pressures  in order to fracture the shale bed and extract the natural gas contained there.)  According to the educational film,   the “mud” contains a soup of  additives necessary to the process which are commonly  found in antibacterial hand washes and dish liquid.

(For information concerning some of  the human health concerns surrounding  hydraulic fracturing, please click here for an article at the National Institutes of Health.)

The film did not address the Environmental Protection Agency’s list of hydraulic fracturing toxins which includes diesel fuel  “…sometimes a component of gelled fluids. Diesel fuel contains constituents of potential concern regulated under SDWA – benzene, toluene, ethylbenzene, and xylenes (i.e., BTEX compounds). The use of diesel fuel in fracturing fluids poses the greatest threat to USDWs because BTEX compounds in diesel fuel exceed the MCL at the point-of-injection (i.e. the subsurface location where fracturing fluids are initially injected).”

Industry reps at the Rock Hill meeting  denied that  “mud”  used at their wells will  contain  toluene even though “Benzene, toluene, ethyl benzene, and xylenes are naturally present in many hydrocarbon deposits, and may be present in drilling and fracking chemicals.”) Indeed, the  EPA’s 2004 report also states that not all of its listed toxins are present at all fracking operations.   This inconsistency and the  fact that   “The 2005 Energy Policy Act excluded hydraulic fracturing from [Safe Drinking Water Act]  jurisdiction,”  are why   Representatives Diana DeGette and Maurice Hinchey among a  few others have introduced  The Fracturing Responsibility and Awareness of Chemicals Act, which amends the  Safe Drinking Water Act.

According to DeGette,  “The legislation would repeal the exemption provided for the oil and gas industry and would require them to disclose the chemicals they use in their hydraulic fracturing processes.  Currently, the oil and gas industry is the only industry granted an exemption from complying with the Safe Drinking Water Act.”

In response, one of  IOGA-NY’s representatives quipped,  “Since we were never covered by the Safe Drinking Water Act,  you can’t  say we were exempted.”

Mr. Noel Van Swol, a property owner in Sullivan County who’s apparently affiliated with the  Sullivan-Delaware Property Owners Association was in attendance at the Rock Hill meeting.   When asked by Breathing if he would support the “FRAC Act,” and a severance tax on the gas industry  he was unequivocal,  “There’s no need for it.  The Frac Act is just  another instance of Maurice Hinchey trying to get publicity for an unnecessary law and we don’t want a severance tax.  We want the industry here,  not drilling someplace else.”

(Please see this list of organizations which asked Governor Rendell to  support a severance tax.   Considering the massive natural gas potential of the Marcellus Shale,  few people believe the gas industry will  abandon it  to avoid paying a modest tax.)

In fact, one Wayne County  resident who’s recently signed a lease,  contacted  Breathing to suggest we join  forces to  support the Frac Act and a severance tax on the gas industry.  In an email, she wrote, “I hope that both sides can drop the vitriolic language and concentrate on working together to get clear local, state, and federal oversight of the drilling process including a severance tax so that even those people who do not dirctly benefit from the drilling will see some kind of community financial remuneration for the burdens we will see put upon our communities by the drilling. I also feel very strongly that the 2005 exemption from the Clean Water Act that fracking enjoys must be removed by Congress.”***

Most of the audience’s questions had to do with reports of noise and water pollution resulting from the drilling and  fracturing processes.  Maria Grimaldi described her trip through a gas drilling  area in New Mexico.  “It was awful.  I couldn’t get out of there  fast enough.”

Industry representatives reminded the audience that  any construction site  is noisy.   A  drilling proponent said,  “Look around you, folks.   We need the jobs and the money these drilling companies are going to bring.   I can put up with a month of ‘boom, boom boom.'”

Some residents living near Texas’  Barnett Shale disagree.

When the IOGA-NY geologist was questioned about reports that hydraulic fracturing had stimulated earthquakes,  the geologist claimed to have never heard such allegations.  Further, he denied knowing anything  about New York State’s history of earthquakes.

Another concern audience members expressed had to do with storage of the fracking fluid once it’s been extracted from the ground.  Citing Sullivan County’s history of flash floods, one  person asked how the  toxic frak fluid would be stored and who would oversee its disposal.  Industry representatives said that they would review individual situations but  tended to think  “we’ll store it in tanks because of the flooding.”

At one point in the evening.  IOGA-NY  was  asked specifically about incidents of toxic contamination in  Pavilion, Wyoming,  Dimock, Pennsylvania,  dead cows in Louisiana and tap water catching fire.  At first,  the Industry reps   dismissed those worries but backed off slightly when a recent EPA report and ProPublica story  about Wyoming were mentioned.  In part, the article states, “‘It [contamination] starts to finger-point stronger and stronger to the source being somehow related to the gas development, including, but not necessarily conclusively, hydraulic fracturing itself,'” said Nathan Wiser, an EPA scientist and hydraulic fracturing expert who oversees enforcement for the underground injection control program under the Safe Drinking Water Act in the Rocky Mountain region.”)

When one of the Industry representatives asked where people were getting  their information, several audience members shouted out,  “Water Under Attack!  Josh Fox’ movie.”  There were also suggestions that members of  The Partnership and IOGA-NY  watch the film.  In response, one of the Industry presenters said,  “I’ll talk to [Mr. Fox].  I’ll talk to anyone.  Give him my card.” ****

In another back-and-forth having to do with water contamination,  IOGA-NY  reps told the audience that New York State’s  Department of Environmental Conservation is one of the strictest and best environmental enforcement agencies in the fifty states.  In consequence, he added,  New York residents won’t experience the same kinds of  problems encountered by residents elsewhere.  When Breathing asked if  strict oversight would be required in New York to keep  us safe from the Industry,  the response was, “Gas drilling is  an industry.  Industrial accidents happen.”   In a follow up question,    Breathing asked how many DEC oversight and enforcement personnel would be required to keep  our environment safe from the Industry.

I got the same answer  from  IOGA-NY as was offered by  the  Delaware River Basin Commission on July 15, 2009.   No answer.

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**When the  meeting adjourned,  Breathing  Is Political and a friend of Light Up The Delaware River  had an opportunity to discuss the evening’s event  and hydraulic fracturing with Mr. Tim  McCausland, President and CEO of the Partnership.  I first asked Mr. McCausland   to clarify  his organization’s relationship with IOGA-NY.   “I wouldn’t call it a ‘relationship,'” he answered.  “They approached us.  Offering sessions like this is part of what The Partnership does.”

This morning,  Mr. McCausland sent  me The Partnership’s  recently-released position statement on gas drilling which reads, “The Sullivan County Partnership for Economic Development believes strongly, that if government and industry can collaborate to properly protect and preserve our environment, the development of a natural gas industry in Sullivan County could create substantial economic and fiscal benefits for our landowners and communities  — and while the direct economic impacts are vital, the industry must strive to produce:  (a)  a business model that is locally sustainable, and (b) policies that result in a meaningful shift toward energy independence.”

(Breathing encourages you to share  your views of the Partnership’s position in our comment section.  I will happily forward  them to Mr. McCausland.)

***Breathing endorses  this  suggestion wholeheartedly by offering  the letter-writer a column here.   While the rest of us stumble  in the dark looking for a way to bridge the divide between “pro-drillers”  (a misnomer)  and  “anti-frackers,”  (please!)   she offers  a way to cooperate  for the good of us all.

****A request with which Breathing complied immediately.



Draw A Line in the Sand: DRBC Hearing: July 15, 2009


Each day, we tell ourselves there are lines we won’t cross.

But, as global food, water and housing crises tear at the fabric of our local communities, it’s increasingly difficult to pay local farm market prices when Wal-mart has plastic-coated apples for less.  Eventually, as things get tougher, crossing even our most deepset lines is inevitable.  People who had jobs last year are  sleeping in tents and cars this year. Some of us will steal  food and shoes for our children and property holders wil sell gas leases to  drilling companies like Chesapeake.

It’s fine and dandy to say that stark times demand stark lines set in  stark terms but  gray areas abound. Diametrically opposed interests claim the same motivations. Consider the issue of hydraulic fracturing.  Proponents say, “Drilling is in the national interest. It’s a matter of national security.”  They say  there’s no evidence that fracking poisons our water, land, food and people.  Opponents  also cite “national security” but point to circumstantial evidence that links fracking  to increased earthquake activity, polluted well water and a plethora of health concerns. (“Circumstantial” because the gas drilling industry is currently exempted from disclosing the chemicals they use  in hydraulic fracturing.  Consequently, no  evidentiary studies have been conducted.) Interestingly,  few Congresspeople support full disclosure of  fracking chemicals. (Find out if your Senators and Representative support The FRAC-ACT (Fracking Responsibility and Awareness of Chemicals Act,  S1215/HR2766).)*

Special Agent Leroy Jethro Gibbs says, “There are no coincidences in a murder investigation.” What about in cases of  “depraved indifference?” When Coca Cola’s bottling practices destroyed  water tables in India,  didn’t  the company know, as a “reasonable person,”  that the local farmers and communities would be decimated? When Monsanto polluted water and soil in  a bevy of locales,  didn’t the company, as a reasonable person, understand  the dangers posed by its actions to the local water, soil and animal/human population?  When Dow and the US government bathed Vietnam and its populations with Agent Orange (dioxin), they knew  the dangers. When my beloved Lake Erie was dying and the great Cuyahoga River burned,  didn’t the corporate polluters know their own practices were suspect?

All over the world, like lobsters dying quietyly in cold water brought to a slow  boil,
people are being incrementally dispossessed of rights, health,  life and property by corporate-government collusion. Doesn’t that collusion meet the legal tests of “depraved indifference” and “conspiracy?”

Don’t be silly.  Of course it does! but the guilty ones have written the laws. They’ve covered their liability with convoluted “immunity” clauses.  They’ve stacked
the deck.

Petroleum wars are so passé, don’t you think? In the near future, our beautiful children will wear their patriotic colors to the  water wars.  Around the world, corporations control greater and greater percentages of the world’s water.  Rampant pollution will lead to reductions of our finite “water reserves”  and the costs of “water reclamation” will skyrocket.  Exorbitant water bills will be a fabulous source of revenue for…somebody.  Probably General Electric of Hudson-River-pollution-fame.

A smart friend of mine recently said, “We beat back NYRI because we could see the corporate bad guy.  Gas frakking’s completely different.  It’s pitting neighbors against neighbors.”

So what do I, a wildly flabbergasted opponent of fracking, say to a twenty-something  grocery clerk  who sacrificed her teen years in  minimum wage jobs because she dreamed of going to college?  What do I say when she tells me she can’t go back to college in September because even the local community college costs more than she’s saved?

What do I say to the man who folds clothes for minimum wage  at the local laundry because the bank refused him a bridge loan to keep his restaurant open?

What about the  graduate student with an education debt in excess of $250,000 and no health insurance or  the dairy farmers in hock up to their necks who anxiously watch  their corn seed rot in the field?  What is my counter-offer when a drilling company waves a $100,000 gas lease in front of  them?

The Natural Resources Defense Council tells us frakking is a done deal but Damascus Citizens for Sustainability (DCS) fights on. “The DCS is part of a nationwide coalition of groups of citizens speaking from their homes, who do not want their environment and lives and communities further ruined by the current irresponsible approach to energy sourcing. It is our right and obligation as citizens to participate in the choices that will affect our future.  DCS’s concern is for the health and sustainability of life here (NE Pennsyvania) for us as people, and for the entire ecosystem we and all those downstream depend on.”

Members of the DCS are regular attendees at Delaware River Basin Commission (DRBC) meetings. They are knowledgeable about the threats posed by  hydraulic fracturing   to our ground water, food supply and health. Their site is chock-full of facts, studies, maps and advocacy as well as articles about The FRAC-ACT (Fracking Responsibility and Awareness of Chemicals Act,  S1215/HR2766).

Please  browse their resources.  Plagiarize  their text and write a letter to the DRBC. Contribute to the DCS  legal fund and attend the DRBC Hearing on  Wednesday, July 15th.  (Email me at cottageworks@lizbucar.com  if you’re looking to carpool and I’ll forward your information to a carpool coordinator.)

The Hearing will consider an application by Chesapeake Appalachia for  “permission from the Delaware River Basin Commission (DRBC) to withdraw 1 million gallons a day from the West Branch of the Delaware River for hydraulic fracturing and natural gas extraction.  This is the first application to the DRBC for this purpose and would put the Delaware River Watershed at risk for tens of thousands of applications to follow…The Hearing will be held at 1:00 pm at…Northampton Community College’s Fowler Family Southside Center, 511 East 3rd Street, 6th Floor, Room 605, Bethlehem, Pennsylvania. WE NEED PEOPLE THERE!”

(If nothing else, please read the Damascus Citizens’ Letter to Delaware River Basin Commission It is a  comprehensive  iteration of why the DRBC must deny Chesapeake’s current application.)

*As to The Frac Act: it will NOT stop the drilling.  It merely forces drilling companies to identify the  chemicals they use during the hydraulic fracturing process so that once our public water supply is poisoned, we can, ostensibly, prove the drilling companies did it.  (The Safe Drinking Water Act only protects  public water wells that service 25 or more individuals. Very few rural-dwellers   get their water from public wells!)

So who will buy our properties when our aquifers are poisoned?  Who will pay the taxes?  When our ground water is polluted, who will buy the food we produce locally and work so hard to distribute?  And even if the FRAC Act is passed, how many of us will have health insurance?  Who among us will be able to afford the diagnostic tests  necessary for participation in full-blown epidemiological studies?  And  once we’re guinea pigs without a human voice, who will ensure that epidemiological studies of our poisoned bodies are conducted?

When your local legislator refuses to draft a  resolution banning hydraulic fracturing until chemical disclosures and studies are made,  ask him/her the questions posed here.

In  The Pianist, Warsaw prisoners are made to lie belly-down in the dirt.  Their
shoulders nearly touch.  Each body shudders as an executioner’s bullet shoots through the back of its head. First one… then the next and the next. Each prisoner feels the slight jar and stillness when the one beside him is killed.  None raises a voice  or a hand. Their eyes are closed. I’ve thought they succumbed without a fight because  the horror was beyond understanding; or because the crushing of the Warsaw Ghetto Uprising had sapped their will; or that they hoped for a miracle or believed, if  they were very, very quiet, they’d be invisible to the executioner.  The nearer the footsteps behind them, the quieter they lay — like babies hiding behind their hands in games of peek-a-boo — seeking invisibility.

Wherever we draw the line at this crucial moment, saving our communities isn’t over just because  the Natural Resources Defense Council says fracking is inevitable. It’s  over when we quit.

When people lose control of their local resources, it’s hard to argue  the existence of healthy communities. I grew up on Lake Erie. I watched it die  and our community with it.  When it was revived, so was our village.

If I thought a line of  Neo-Gandhis standing in front of the drilling equipment would  turn the tide, I’d do it in a heartbeat but I still wouldn’t know how to convince the grocery clerk, the farmer or the graduate to join me.

Good informational links:

Hydraulic fracturing and  fishing

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Gas Extraction, Hydraulic Fracturing, Earthquakes and the Water Supply


(James Barth’s commentary in response to the New York Times article, Deep in Bedrock, Clean Energy and Quake Fears was recommended for its “thoughtfulness” by The NY Times’ editorial staff.  It is re-printed here by permission of the author and with appreciation by Breathing Is Political.  Also, please follow these links for the earthquake threat in New York State, FEMA’s Earthquake Hazard Map and Water Under Attack, a new documentary by filmmaker Josh Fox)

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The drilling technique the article refers to is called “hydraulic fracturing”, and if the gas and oil companies have their way, there will be 50,000 to 75,000 such projects in the Delaware River Basin, and the NYC Watershed area in the coming 10 or 20 years. They will not be drilling to release geothermal energy, but what we call “natural gas”.  The Marcellus shale, which underlies most of Pennsylvania and extends into the Catskills and Southern Tier of NY State, is the prime target of the gas and oil industry. Other shale layers may be targeted, and indeed even sandstone layers, like the Oriskany, which Chesapeake is currently drilling into in Wayne County, PA.

These wells will be drilled up to a depth of 9,000 feet (or greater), and then they will turn horizontal for another 3,000 to 5,000 feet in length before being hydraulically fractured through our pristine aquifers using proprietary toxic chemicals that the companies, like Halliburton and Schlumberger, manufacture and sell. These companies and these toxic solutions are exempted from the Clean Water, Safe Drinking Water, Clean Air and Right to Know Acts (among others) by the absurd amendments that were included in the July 29, 2005 Energy Act that was passed by Congress.

Not only do we fear correctly for the health of our drinking water systems from this drilling, but now, as it is explained in this article, we have to fear the potential seismic ramifications of these projects. These potential seismic activities further undermine any credible claims by the oil and gas industry that such drilling will never endanger our drinking water. Whether such earthquakes will topple buildings or not, they certainly will undermine any pathetic cement bonding and sealing that this industry claims will keep the production gas, and poisonous cocktails from migrating upwards into our aquifers.

I’m very grateful that the Times published this article. I’m also mystified  as to why it is about drilling for geothermal energy in California, when the Times has not yet published one article that explores the potential devastating implications to the health and environment of our immediate New York City area  that such horizontal drilling and hydraulic fracturing poses! This threat has been loud and developing over the past one and a half years in our region. It is well past time for the NY Times to directly take on this issue, and for the more than fifteen million area residents who depend on this water for life, to become aware of it.