Natural Gas Leases/Hydraulic Fracturing: One Property Owner’s View

Thank you, “[Delaware] River Valley Resident” for grappling with the question, “What does stewardship of our lands and communities demand of us?” Although I disagree that “[gas] drilling [and hydraulic fracturing] are inevitable” or that their dangers and impacts can be mitigated, your question and profound determination to preserve and protect are what join us. Indeed, if drilling spreads inexorably, then your efforts to protect may be the last arrow in our quiver.

In part, I hope readers will respond with suggestions helpful to landowners who’ve been cut off like islands in the midst of leased properties. Thank you, Breathing Is Political, Liz Bucar)


(Dear  Readers and “River Valley Resident”:  In an effort  to provide a  community forum where divergent and frequently  noisy  views can be aired,  Breathing has  solicited articles from property owners who are considering signing   natural gas leases or who, after months of  deliberation, have completed the signing. There have been difficulties  and  I had to decide whether or not to publish an anonymous post.  In the end, I decided  a wide-ranging discussion of  the issues facing our communities is more critical  than identifying our author who fears for her job if her name is released.  I hope her obvious concern for the land and our cultures is sufficient to set minds at ease.  She’s known to me.  She’s not a figment.  She’s not greedy and she’s not oblivious to the dangers posed by drilling —  and cited to regularly  by Breathing.  Hers  is an important voice that sheds light — whether or not you agree with her conclusions.

For months,  the author researched, examined  and agonized.  Breathing is grateful that she chose  to speak in this forum despite her misgivings. Unhappily  — given the high passions on both sides of the discussion  —  being a kind of bridge in the middle can invite  vilification and  distrust from  those standing on the  opposite shores. Thank you,  “River Valley Resident”  for  grappling   with the question,  “What does stewardship of   our lands and communities demand of us?”   Although I disagree that “drilling is inevitable” or that its dangers and impacts can be mitigated,  your  question and profound determination to preserve and protect are what join  us.  Indeed, if drilling  spreads  inexorably,  then your efforts to protect may be the last arrow in our quiver.

In part, I hope readers will  respond with suggestions  helpful to landowners  who’ve been cut off   like islands in the midst of leased properties.   Thank you,   Liz)

*    *    *   *    *

I have spent months exploring the ramifications of drilling in the area. Unfortunately, I believe it is extremely likely to occur, so I have been trying to learn the dynamics of horizontal drilling and its potential to contaminate the aquifer. I have read numerous articles and finally found what I believe is a good representation of the process. The gas companies appear to make an extremely strong effort to isolate the aquifer from the fracking fluids. Please see this website for visualization:

http://www.geoart.com/index.php?id=1

Perhaps this is all hype by the gas companies, but if they do in fact follow this process it seems that the aquifer is isolated by steel piping encased in cement. Perhaps aquifer contamination is more likely related to the holding ponds where the backflow is stored as it is forced from the well; which brings up an interesting possibility. One. of the drilling companies, (which is one of Hess’s designated subcontractors for this area) is utilizing a patent pending process called “Ozonix”. It apparently removes all organic chemicals, particles, etc. from the flow back as well as nearly all the brine through reverse osmosis. This process can be read about at the following web site:
http://www.wallstreetresources.net/pdf/fc/TFM.pdf

On a more personal level I have found myself in a situation where the majority of the landowners in my immediate area (across the road and next door) have signed leases. Personally, I do not want to see gas drilling in this area, but am somewhat resigned to the power that the Gas corporations wield and feel that it would be amazing if the gas development does not take place. As a result, I have chosen to try to protect my property. I joined [Northern Wayne Property Owners’ Association]  NWPOA a few years ago, because I felt it gave me a chance to do that and also because this group planned to work toward the most environmentally sound lease possible. I have also been a member of the UD Community for several years, and feel fortunate to have had the opportunity to receive information from the divergent viewpoints. As more information came out from both sources I became more and more confused. This caused me to undertake my own research into the fracking process and its potential for adverse environmental effects. Simultaneous to this, NWPOA came up with a lease agreement with Hess. I have not as yet signed that document. However, I did begin researching the drill company that would be working for Hess in my area. It is a company called Newfield and they are using the “Ozonix” process mentioned above in some of their other shale developments. My thought was to attempt to encourage Hess to have Newfield employ that technology here, as it appears to strongly mitigate a lot of the potentially detrimental effects of the frac process. Additionally, it allows the water to be reused at multiple sites, thus greatly reducing the amount of water needed from the Delaware or other sources, as well as reducing the truck traffic on the roads. Perhaps, I have been taken in by good PR, but I also believe it is in the Gas companies’ best interests to develop these wells as efficiently as possible. If they are drilling and allowing the gas to somehow escape into the aquifer then that is gas they can’t bring to market which spells a loss for them. I have been an environmentalist for well over 40 years and if I had a magic wand, I would surely make this all go away, although I do completely understand the local farmers’ support of this issue. I guess the bottom line for me is that I believe the gas development will occur and that the best approach is to do all within our power to make it happen in the most environmentally responsible way possible. This means supporting companies like Newfield and trying to have them employ the frac recycling process called “Ozonix”. It also means supporting legislation in Congress such as the “Frac Act” which requires companies to divulge their “formulas” for the fracking mud. The Clean Water Restoration Act also needs support to return some of the strength sapped from it, by our previous administration. Will I sign a lease with Hess…I honestly have not been able to decide as yet. I fear drilling around me, and with no lease, if there were any problems, I would be up against the Gas Company on my own. The lease ensures that they will mitigate any water contamination issues, or provide bottled water if necessary. Granted this is not a great solution, but it is probably better than trying to deal with it unassisted.

I know that there are many people like myself who are conflicted over this issue, and struggling with making the right decision. I could never refer to myself as “pro-drilling”. Perhaps, a more appropriate classification is “pro-preservation”. I would like to see this area remain as much like it is right now as possible. This may be a false hope, but I honestly believe that trying to influence the gas companies to use the very best practices possible here, is a more achievable goal than stopping the entire process. I would greatly appreciate comments, as I have been struggling with making a decision for a long time. Thank you for taking the time to read this. I hope that I have not inadvertently insulted anyone’s viewpoint. I am merely trying to illustrate what a lot of people are feeling.

October 7, 2009. Since writing the above comments, I have had numerous discussions with Gas Company representatives about exactly what signing a lease would mean. My first thought was to obtain a conservation easement or deed restriction on my property so that the only gas related activity that could take place would have to be subsurface. I was informed that they were not accepting properties with conservation easement unless they were large commercial properties where portions of the surface land are critical to continuing their businesses whatever they may be. I then discussed the amount of acreage I have with the gas company, its geography and location and they told me that it was highly unlikely that they would place a drill pad on a piece of property the size of mine, nor would they likely place a road there. However, they could not guarantee this. So, to sign I would have to accept the remote possibility of surface activity. This gave me a lot to think about. But, perhaps more important than that is what the gas companies do with the individual leases they own. As most people know there are at least 3 major players in the area: Chesapeake, Cabot and Hess. Although you may sign with any of these companies, it does not mean that they will be the company developing your land. In order to create a drilling unit, they need about 640 contiguous acres. In some cases, they may have this from large farms or adjoining properties that have signed. But they may also have an area they would like to develop where the mineral rights have been leased to different companies. The gas companies now trade leases to obtain the acreage they need for development. It’s just like Monopoly where you need all the cards in a block to build houses. So, Hess’s drilling company, Newfield, with the innovative and environmentally sensitive technology may have nothing to do with the development of gas on the land of Hess lease holder. The terms of the lease remain the same as far as per acre compensation, royalties, and environmental mitigation, if needed. But, you could sign with Hess and Newfield, and end up with Cabot and Halliburton. The initial signing deadline has come and gone. I may or may not be on a secondary list. I am not sure at this point, since I haven’t gotten any emails lately from the group.

Have I done the right thing, I honestly don’t know. I have turned down well over $25,000 in guaranteed lease payments, and the potential for royalties. If the area near me is made into a drill unit and all goes well and the water stays good and the roads are removed and replanted when the development is complete will I have regrets? If the area is developed and the aquifer is contaminated and I can’t sell my home and have to sue one of these companies for compensation will I have regrets? More importantly what would you do in my situation? I could probably still sign a lease…..should I? I would really appreciate it, if you could try to put yourself in my place and honestly consider what you might do. Thank you for taking the time to read this.

a river valley resident

(Tomorrow:  The National Council of Churches on the issue of drilling.)

Light Up The Delaware River: Wrap-Up


(Addendum to “Gas Drilling Reps  Grilled in Sullivan County.”   Feeling out of the loop?  Didn’t know about  the meeting in Rock Hill?  Don’t feel bad. Supervisors James Scheutzow and Linda Babicz were there and they  echoed a pervasive complaint from other attendees about how  little advertising preceded the meeting, “We have flooding problems. We have revenue questions.  We need to know what’s going on.”)

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On September 6, 2009, the afternoon of The Light Up The Delaware River Party, a few of us were  watching the Big Eddy Regatta from the Narrowsburg Bridge.  We had Martin Springetti’s “Don’t Frak/Drain Our River” posters and were taking a break from showing them off to passing cars.

“Has anyone heard from  Hancock?”   Nope.

“Philadelphia?”  I shook my head.   “No cell service.”

I scooted into the Cafe bathroom to hold my head;  nobody else needed to know  I was  flipping out. What had I done?  What was I thinking?  How could I hang us all so far out on a limb and not even know whether people were actually gathering in our other river towns?  “This is why my children warn strangers about me,”  I thought.

Before our Granny-something road trip, Leni and I were brand new friends.  We’d known of each other for years, but before we climbed into the car and headed for Philadelphia, we’d  spent very little time in one another’s company.  How deluded were we  to spend three days in a car  —  on a mission  akin to searching for Shangrila — trying to speak with people who  knew little or nothing about hydraulic fracturing  — to invite  them to a 330-mile River Basin Party?

The bathroom walls were closing in.  I couldn’t breathe.

It was very like the night before we  left for Philadelphia.   I’d  sent a desperate plea  from Breathing: we needed a  Light Up The Delaware River Party  website or else the  people we met along the road wouldn’t  take us seriously.  Panic had started to set  in.

The next morning, as we headed out the door,  Tanyette Colon emailed to say she’d just sent the new  Light Up The Delaware River site live.  I was speechless.  Our few conversations had  been via email and yet,  she’d  worked into the wee hours  for the sake of an idea.

Leni and I had a silent agreement not to  think or talk much about the things that could go wrong.  We didn’t worry about disappearing like Amelia Earhart.  We didn’t think about people slamming doors in our faces.  We were leaping into a great well of faith:   people would understand  the threat  of hydraulic fracturing and our urgency  if we could just look them in the eye.

For the sake of an idea,  Mark Barbash invited us  — two complete strangers — into his home and drove us all over Philadelphia.   Nancy Janyszeski opened her study (a thoroughly impressive  place, btw) and showed us that The Party was already displayed prominently at Nockamixon.us. When Leni & I returned from a fracking pond site,  Nancy  and her husband gave us towels,  sent us off to use their bathroom and invited us to spend the night.

When there were no motel rooms from Matamoras, PA to BethelWoods because it was the 40th Anniversary of Woodstock,  three bikers invited us to share their room when they learned what we were doing.  (Although we didn’t take them up on their generosity, it warmed our hearts and thirty  years earlier neither of us would have hesitated.)

It was like that the entire 330 miles:  people read the invitation,  snatched the idea and began hatching plans for Parties in their towns.  When we got home,  our inboxes were  filled with plans  from Nockamixon to Damascus.

The next  three days were spent hunched over the computer searching for national, state and local environmental groups and harvesting email addresses.  By the end, over 200 groups and many more individuals knew The Delaware River Basin was on the move.

Fred Pecora — who’s spent the last two years writing letters, doing interviews and researching, researching, researching  —  heard Leni on WJFF and called  WBAI so the Party and its message  could start percolating  in New York City.

Emails arrived  from the Wyoming front lines.  They were watching and hoping.  Some of my high school buddies  near fracking sites in Ohio taped the WBAI interview  and cheered us on.

In the Upper Basin,  the  media was told to meet us  in Narrowsburg.  It wasn’t until the afternoon  of  the Party that I  realized nobody had organized a  Light Up  event  in Narrowsburg.  At 6:45 pm,  fifteen minutes before we were to begin pouring water into the River,  Bernie  Handler* wondered if we had any.  OMG!  Only a very few people  would be able to negotiate the steep bank from the Gazebo to the River.  All I could think as I grabbed containers and headed down over the rocks was,  “Please don’t let me fall in!”

Moments later, none of it  mattered.  Nearly 300 people had arrived.   Janet Burgan’s  rich,  sure anthems blended with  the dusk and as we munched Dan Brinkerhof’s old-fashioned popcorn,  Skip Mendler juggled and made us laugh.

Below us, the River darkened  and at 7:00, we poured our borrowed water back into it.  At 7:30, as a few small  boats lit up, candles  were set out along the Bridge.   The light  spread in an oval to the crowd around the Gazebo  and to the boatmen beyond.   (Later that evening, as  photos and stories began to arrive via email, we learned it had spread from Starlight, PA to Hancock,  Fremont, Long Eddy, Equinunk,  Callicoon,  Damascus-Cochecton, Milanville, Narrowsburg, Pond Eddy, Milford-Shohola,   Washington’s Crossing, Bridgetown,  Dunfield Creek and Philadelphia.

In the sky above us, Dan Desmond piloted his plane with Ted Waddell in the passenger seat snapping photo after photo —  recording a  single moment in the 400 million-year history of the River.

Along with the pictures, have come words, some of which I’ve included here:

From Nyssa Calkin –  Light Up’s Roving Photographer: “I came across some private and semi-private parties in the Equinunk and Long Eddy areas.    At one location… The entire group broke out into spur of the moment River songs.  Very moving.  Most of the images I took were of the bustling river life throughout the day.”

From Washington’s Crossing: “Wanted you to know we were there with our ‘pure water’  and lights on the NJ side…. My dog likes to clean branches out of the water, or maybe he thinks he is saving them from drowning.  Anyway, he did it while we had our candles lit.  He always tosses his head, though, so we got splattered with mud.  Pretty funny.”

From the Narrowsburg Regatta: “We read poetry, held a regatta, carried signs, barbecued, sang songs, saw puppets, poured water, lit candles, ate popcorn, watched movies…!”

From Hancock: Just wanted to let you know our party was quite successful — except we never saw the plane!  (Editor’s Note:  This was entirely my fault and something that needs much better planning for the 2nd Annual Light Up The Delaware River Party!)

We had between 50 and 60 people…and we did connect with the campers who had posted the other Hancock event.  They joined us,  and at the appropriate hour floated their beautiful, candle-carrying minature rafts from our candle-lit beach.

Thank you so much for all your efforts in creating this! The river was incredibly serene and gorgeous at dusk as we poured our cups of water and lit our candles. Laurie  of the CDOG (Chenango-Delaware-Otsego Gas) group spoke eloquently about the river and our mission to preserve water and land.  Lisa, an organic farmer, activist and poet, read two of her own poems inspired by the gas drilling threat.

We were thrilled that quite a few townspeople who had seen notices about the party joined those of us who are already committed.  We enjoyed live music…and recorded music…and lots of conversation and information sharing (even dancing!!).  It was a fun, inspiring occasion, and I think we all left feeling more connected to the river, one another, and our intentions to preserve the beauty and health of our environment.   How did the other parties go?

From Matamoras: I was at a private party earlier on Sunday just up the River in Matamoras and I will try to get some photos from that.

It would certainly be great to make this an annual event on Sunday of Labor Day Weekend sort of a Delaware River Appreciation Day (DRAD) something I believe would receive much support up and down the River. A little appreciation for all the River provides, including a source of clean drinking water and the many recreational opportunities from its source to the bay.

Great job by everyone…the River Thanks You All!

************

As I stared from the Bridge into  the heart of it all —   inexpressible joy mixed with sorrow.

Only a part of my community had come  to the River.  The farmers  I’d worked beside  were absent.  They’d sold their cows and land  or been foreclosed years before — but there are memories that bind people forever:  pulling a calf from a straining cow in a warm barn as a spring snowstorm howls outside;  the sound of a tractor rolling backward down a  hill and pinning a man beneath it;  the calluses at the base of our fingers from tossing bales and hauling shingles and sheetrock.

Many of  the people I’ve worked beside didn’t  come  to The Party  because they’ve already moved  from the  land their families tilled for a century or more.  Some were absent because,  after long weeks of painful weighing, they’d signed leases.  They weren’t sure if the Party was for them, too.  Some weren’t with us because they’re angry at us — believing that our defense of the River signifies  a willful disregard for what  gentrification, the economic downturn,  factory farms and the loss of industrial jobs have done to them and their children.  Some believe that our stance  as defenders of the  water and land is a denigration of  their long years of stewardship.

Every ten years or so during the thirty that  I’ve lived in Sullivan County, NY,  a wave of “newcomers” has arrived  in the Basin  because something  feels  “wrong”  or  “out-of balance”  in their lives.  Some  of them weather the storms and stay.  Many maintain two residences.  Too often  —  to the jaded eye of those who’ve  seen it all before and who struggle to pay one mortgage or rent — those second homes look like  get-away options in case things go sour.  Too often to recount,  many newcomers discover how  hard it is to live here…to raise a family here…to pay the mortgage here…. and after   they’ve  used their greater resources to rent Main Street shops and  charge prices many “locals”  can’t afford,  they  move away.  Those  whose families have worked and lived in the Basin for  centuries and who  rarely have a wealth of choices,  watch them go,  their communities upended in the wake.

But what of  those,  like myself,  who’ve  stayed?  They were all around me on the Bridge or chatting  in front of Dan Brinkerhoff’s Amazing Mobile Movie Theater Truck  waiting for the film to begin.  I saw farmers who work dawn to midnight creating community sustainable agriculture and  librarians who supervise after-school programs.  There were teachers who share their skills in our literacy centers and community programs, carpenters, artists, weavers & spinners, labor organizers,  shopkeepers, nurses, writers, construction workers, house cleaners  —  all of them working with every fiber to stay;  to lend their vigor to an old world and its traditions.

Just as some old-timers  fear that  gentrification will leave them behind,   their neighbors who  gathered along the River from Hancock to Philadelphia also fear abandonment. They watch the River through exhausted, angry and frightened eyes and  see   the specter of  gas companies descending like  locusts, despoiling our Basin and leaving us to clean up or give up.

No matter on which side of the issue we stand,  it’s not enough to say, “You can’t talk to those people.  They’re selfish/greedy/arrogant/ignorant/dilettantes.”  How does it benefit the River for us to squabble over who the “true stewards of the land”  are  —  especially when livelihoods, college educations, farms & family  businesses, land  and water are all at stake?   To paraphrase the President,   diplomacy isn’t for people who agree with each other;  it’s for those  locked in conflict.

Those of us who’ve been here long enough, remember the hate-filled  words that led to acts of violence  during the  NPS war and the twenty year embroglio over  school consolidation.  Perhaps the vile odors  of a house and barn burning  have left us unreasonably anxious  when  the same ugly words and frustrated rage surface  today.

Or perhaps, we’re struggling to learn from our past.

We hear  that a movie’s being planned  about the gas strife here in the Basin.  Let’s give them a truly different story to tell — one in which we find ways to preserve the things we love in common.

Incredible  amounts of good have come from the Party already.  A friend who just signed a lease has asked that we join forces to support the Fracturing Responsibility and Awareness of Chemicals Act and a severance tax on the gas industry. As I mentioned yesterday,  a column will always be available to her here at Breathing. (More on that after September 20th.)  River communities throughout the Basin have renewed our joint commitment to preserve and protect and we are in daily contact.  Several people who saw Josh Fox’  film, “Water Under Attack,”  were in Rock Hill two days later demanding answers of  gas drilling representatives  (IOGA-NY).  Efforts are being renewed to create a national database of groups engaged in struggles akin to our own.  Ideas for internet videos  and guerilla theater are free-floating everywhere.  Meetings are being held by phone and  over the internet to discuss a possible Basin summit.  And integral to everything is this question,  “How do we save the Basin for all of us?”

*********

*I’ve already nominated Bernie Handler for The Prince Valiant-Iron Man  Award.  Not only did he save me from looking  like a total ditz, he also rescued Kalika and her  kayak during the afternoon  Regatta.)

*********

Note to readers:  Breathing Is Political, CottageWorks and Light Up The Delaware River Party! locked me in a family meeting last night.  They kept their promise to let me plan The Light Up  Party without nagging,  but now they need me to find a job.  So for their sake, and mine,  if you know  of a community-vested enterprise that’s  looking for a nurse-paralegal with a writing demon and native  organizing skills enhanced by sheer dumb luck, please let me know.

Best hopes for us all,

Liz

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.

******************************

**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.

Planning A Party On A Shoestring

Dear Drilling Companies That Are Eying Sullivan County (Part 2):

I promised yesterday to provide you with a short primer on “How to organize a 330-mile party in under five weeks for less than $1,000” so, gather round.

(Oh good! Mobil-Exxon’s with us today. Welcome, welcome!)


(I was going to write a Light Up The Delaware River Party wrap-up today but seeing as how photos and stories are still coming in,   I’ll wait  a  few days.)

Dear Drilling Companies That Are Eying Sullivan County (Part 2):

I promised yesterday to  provide you with  a short primer on  “How to organize a 330-mile party in under  five weeks for less than $1,000”  so,   gather round.

(Oh good!  Mobil-Exxon’s with us today. Welcome, welcome!)

1.   The first thing you need when trying to organize a community is a good idea.  It should be easily explained and understood and it should include a component of fun.  (Your idea for  filling the shale bed with toxic chemicals and consequently polluting the land and water is easily enough understood and explained but honestly,  the “fun” piece is  missing.)  For instance, my idea for Lighting Up The Delaware River Party came from Gandhi leading  the Indian people to the sea to make salt.  He wanted them to reclaim their resources and the strength  that comes from working shoulder-to-shoulder in an act of solidarity. So we started with that idea and added puppets, songs, movies, dance, poetry, a canoe regatta, campfires,  kayaking.  It was a blast!

What’s the genesis of your idea?  This is important!  When I asked one of your spokespeople outside the July 15, 2009 DRBC hearing if he’d be willing to put your toxic chemicals in an impermeable container and then place them  in his child’s  glass of  water,  he said, “No!”  without hesitation.  It’s just not a good way  to garner trust and support.  And more important,  it’s just not fun.

2.  You have to meet people where they live. Seriously,  the way you’re going about selling fracking fluids and contaminated wells needs some honing.  It’s no good sitting in a meeting room hoping we’ll  find you.  (Many of us are hanging on by a thread and what with working 2 or 3 jobs,  we don’t have a lot of  time or energy  for your little soirees.)

And for sure,  it doesn’t help your case  to simply deny there’s a problem.  Granted, most of us who’ve been  living in  The Basin or rural New York, Colorado, Wyoming, Pennsylvania, Texas, Louisiana and Ohio  for decades or centuries don’t have a lot of financial  resources but we’re not stupid  for Pete’s sake.  We can read a local newspaper!  We know about Dimock, PA,  Texas, Colorado, Wyoming, Ohio…  It doesn’t help your cause if people  think you’re hiding  a bunch of garbage in a closet.  So in your interest, I  urge you to  come clean.

3.  The best way to promote an idea in a tight-knit community is to  be vested in that community and to have a ton of good-hearted friends:  join the local fire company;  become a well-known agitator whom people trust whether or not they  like you and help bolster your local resources —  rivers, land, schools,  local production & distribution of food and goods.   The list is long and varied so step right up.  Here are a couple  PR beauts you could jump on in a split instant:

  • Vest yourself in the community.  I know it’s not a tact you’re familiar with so it bears some explanation.  For instance,  you can volunteer to help farmers get the hay in during the season.  You can deliver cups of coffee to our  volunteer  firemen who work long hours all day and then roll out of bed when the fire alarm peals.  If that sounds like overkill, at least  provide jobs for local people.  They’ll remember you fondly, I promise!
  • Support the  Fracturing Responsibility and Awareness of Chemicals Act of 2009 so all the nervous Nellies out there feel appeased and safe.  If history’s a clue, you probably won’t have to  fix any of the problems you create but at least you’ll look responsible.
  • Stop funding Congress.  It makes you look bad and detracts from the wonderful product you’re promoting.  (People end up thinking you couldn’t sell gas drilling to a tribe of orangutans without having most of them in your pocket.  You can see how unwholesome it makes you appear.)
  • Pay the damned severance tax you convinced Pennsylvania Governer Rendell to pull.  Are you nuts?  (I’m asking as one organizer to another so don’t get in a huff.)  The tax will cost you barely anything in the billion dollar scheme of things and it’s great publicity.  Pay the tax and look like a regular guy.  You can’t buy that kind of good press.
  • The next time you convince a major  American university like Penn State to write a bogus “economic impact study” for you, at least fess up that you funded it.  (Again, we’re not stupid and it makes you and your university stooges look sleazy.  Sorry.  I can’t help you if we can’t be forthright with each other.)
  • If you aren’t vested in the community and you can’t distinguish Sullivan County from Wayne or Orange,  or if  we look like  numbers on a geologic plat map to you, here’s a great idea:   recruit a local organization to front for you.    (I’ve gotta’ tell ya’,  this is a really important piece and the whole Sullivan County Partnership  thing?  You blew it.  True or not,  most of us don’t think they could find the teats on a hog.   (Let’s try this:   give  me a call  and we’ll see if we can’t find you someone less…forgettable.)

Another big help is to know your local media and be trusted by them.  I’ve got to hand it to you on that point.  The work you’ve done with the media in Wayne County, PA  has been inspirational!  Almost as impressive as the national silence on some of the  “ooops”  factors you’ve precipitated in Dimock, Fort Worth and elsewhere.

And that’s where I think we can collaborate.   I’ll introduce you to the crackerjack local media who’ve remained beyond your reach and you can get me 10 minutes  on Lou Dobbs.

Deal?

Gas Drilling in Sullivan County, NY?


According to this announcement  received via email,   “The Independent Oil & Gas Association of New York invites you to attend the following public information sessions beginning Thursday, September 3, 2009 to present facts and updates regarding natural gas exploration in your region. Other dates and locations: 9-8-09: Bernie’s Restaurant, Rock Hill.   9-10-09. SUNY Oneonta, Hunt Union.   10-1-09. Morrisville State College Theatre. Morrisville, NY.”  (Please visit the CottageWorks Community Calendar for event details.)

Interestingly, these meetings are being billed as informational sessions.  At an alternative website for The Independent Oil & Gas Association of New York,  the Association makes clear their intent in organizing these events,  “Thank you for visiting MarcellusFacts.com – your source for information about the benefits of natural gas exploration of the Marcellus Shale…”

These events are being organized in New York State on the heels of Governor Paterson’s announcement that exploitation of the natural gas-rich Marcellus Shale in New York State is part of his energy plan.  Yesterday’s Times Herald Record published a story entitled, “Gas Companies Prepare to Drill in Sullivan.”

Steve Israel’s article tells us who The Independent Oil & Gas Association of New York  is, what they have planned for New York State, and more particularly, Sullivan County.  “After delaying drilling of the gas-rich shale beneath Sullivan for much of the year, the industry is ready to resume leasing land once the state’s new environmental standards are released, perhaps as early as next month. Drilling of the Marcellus shale could start in the spring.”

“We’ll do it and we’re looking to do it, once the regulatory hurdles are cleared. Then the permits will flow,” said Brad Gill, executive director of the Independent Oil and Gas Association of New York.”

Recently, 2,000 pro-drilling advocates rallied in New York with the mantra of “Drill, baby, drill.”

I will be attending the  9-8-09 “session” at Bernie’s Restaurant in Rock Hill, NY  and hope to see you there, too.

Blogger Gagged


On May 29, 2009,  the 79th District Court of Jim Wells County, Texas  released its decision in Coronado Energy  E&P Company, L.L.C. v. McGill Ranch, Ltd.,  Stephen Burns and Elizabeth Burns; Cause No. 08-06-47106-CV. (This link will take you to the blog which has several links to documents.)

According to the Court’s papers,  Plaintiff   Coronado alleged that Ms. Burns,  based on her previous actions, is likely to publish “proprietary”  information  about Coronado’s practices if she isn’t stopped.  Coronado further  alleged that Ms. Burns has published confidential  documents provided to her during the legal discovery process.

On December 3, 2008, Plaintiff Coronado Energy requested, and  the Court signed, a Protective Order which was entered  against Ms. Elizabeth Burns who publishes the blog,  “A Satirical View from the McGill Bros Lease in South Texas.”  The Court evidently agreed with Coronado’s  wish  “to protect Coronado’s  proprietary and trade secret related or type information that will or may be revealed through the course of depositions and other discovery in this matter.  Such order will allow all  parties in this case to designate certain discovery  products as confidential and thereby limit disclosure and use of such information outside of this lawsuit…”

Under normal circumstances, such confidential designations are frequently made in civil suits.  However, under normal circumstances,  the party wishing to designate documents as “confidential”  does not do so in the aggregate and provides specific reasons for each instance.  The concern in this case is that the burden  of proof has been  shifted to Ms. Burns,  who, if she wants to publish Coronado documents, must show, apparently,  that such documents should not be designated “confidential.”  By placing the burden on Ms. Burns,  the Court has effectively ruled that  she must return to the  Court for permission whenever she wishes to publish  Coronado documents

During our 330-mile River Trip to light up the Delaware River,  Leni and I discovered that very few people in our River Basin had ever heard of  hydraulic fracturing and even fewer knew what it was.

The burden of educating the public about what the gas companies plan for our communities has fallen, in large part, to bloggers.  Although there are notable exceptions  (The River Reporter and  The Intelligencer, to name just two)  the understanding most people have regarding the issues  comes from watching a virtual deluge of pro-drilling ads on their TVs.

The U.S. Supreme Court said in New York Times v. United States (1971)  “The United States, which brought these actions to enjoin publication in the New York Times and in the Washington Post of certain classified material, has not met the “‘heavy burden of showing justification for the enforcement of such a [prior] restraint.'”

(“Prior restraint” refers to  restrictions placed on  a citizen’s rights in case the citizen  might overstep legal bounds at some future time.  The Supreme Court was reminding us that  if the State seeks to restrict a person’s  speech,  the burden on the State is enormous.  In so saying,  The Court was reminding us that  our nation is only as strong as our sources of information,  our ability to access that information and the  open fora in which we discuss that information.)

In one of the most brilliant and moving opinions ever published by the Court, Justice Black wrote, in part, with Justice Douglas concurring:

“In my view it is unfortunate that some of my Brethren are apparently willing to hold that the publication of news may sometimes be enjoined. Such a holding would make a shambles of the First Amendment.

‘Our Government was launched in 1789 with the adoption of the Constitution. The Bill of Rights, including the First Amendment, followed in 1791. Now, for the first time in the 182 years since the founding of the Republic, the federal courts are asked to hold that the First Amendment does not mean what it says, but rather means that the Government can halt the publication of current news of vital importance to the people of this country.

“James Madison offered a series of amendments to satisfy citizens that these great liberties would remain safe and beyond the power of government to abridge. Madison proposed what later became the First Amendment in three parts, two of which are set out below, and one of which proclaimed: “The people shall not be deprived or abridged of their right to speak, to write, or to publish their sentiments; and the freedom of the press, as one of the great bulwarks of liberty, shall be inviolable.” 2 (Emphasis added.)

“In the First Amendment the Founding Fathers gave the free press the protection it must have to fulfill its essential role in our democracy. The press was to serve the governed, not the governors. The Government’s power to censor the press was abolished so that the press would remain forever free to censure the Government. The press was protected so that it could bare the secrets of government and inform the people. Only a free and unrestrained press can effectively expose deception in government. And paramount among the responsibilities of a free press is the duty to prevent any part of the government from deceiving the people and sending them off to distant lands to die of foreign fevers and foreign shot and shell. In my view, far from deserving condemnation for their courageous reporting, the New York Times, the Washington Post, and other newspapers should be commended for serving the purpose that the Founding Fathers saw so clearly. In revealing the workings of government that led to the Vietnam war, the newspapers nobly did precisely that which the Founders hoped and trusted they would do.”

I am not an attorney and  would not presume to voice an opinion on either Coronado’s allegations or Ms. Burns’ response, but I  hope that all of us — bloggers, the populace,  mainstream media and Courts of Law —  will read and re-read Justice Black’s statement.  Although it  concerns restraints placed on citizens by  The State,  in our current oligarchy where  The State and Corporations are enmeshed,  Justice Black’s words ring with  deep import.

Nockamixon Township Peforms Baseline Water Tests

Scientists are beginning to sample wells and water sources in the township. It will serve as proof if the water is poisoned by gas drilling.

If Nockamixon’s groundwater is poisoned during natural gas extraction, officials will have the evidence.

Scientists with Princeton Hydro, a New Jersey-based water and wetlands resource management company, are traveling throughout the township this week to sample wells, streams, creeks and aquifers.


(Breathing Is Political extends its appreciation to The Intelligencer and Amanda Cregan for  allowing  me to re-print the following article which first appeared  August 18, 2009. The “Cabot property” referenced in the article is the one Leni Santoro and I visited during our River Road Trip.  A photo is viewable here.  Please note that the berm around the frack pool did not appear to be  more than three feet high and the  return fence (running perpendicular to the road) was no higher than  2-3 feet. Because so few people we met during our journey were cognizant of   drilling and hydraulic fracturing or the threat  they pose to our  aquifers and land,  I wanted  people here in the Upper Delaware Basin to know what some of   our sister communities  are doing  to protect themselves.)

By: AMANDA CREGAN Bucks County Courier Times
Scientists are beginning to sample wells and water sources in the township. It will serve as proof if the water is poisoned by gas drilling.

If Nockamixon’s groundwater is poisoned during natural gas extraction, officials will have the evidence.

Scientists with Princeton Hydro, a New Jersey-based water and wetlands resource management company, are traveling throughout the township this week to sample wells, streams, creeks and aquifers.

With a $25,000 grant, the Lower Delaware River Wild and Scenic Management Committee, a group of governmental representatives from Pennsylvania and New Jersey, voted in September to do the testing as a protective measure.

Delayed all summer by frequent rainstorms, scientists have completed testing water wells at nine homes and the Upper Bucks Regional EMS headquarters.

Now they’re roving the township, gathering 20 samples from creeks and streams. Overall, water data will stretch over a 300-square-mile region.

“We’re testing for a whole suite of chemical parameters,” said James P. Shallenberger, senior project manager for Princeton Hydro. “Right now, the objective is just to establish some base lines and sense what the water is like. If there is any drilling done, there will most likely be some follow up work closer to those drill sites.”

If the water was to become contaminated, the Lower Delaware River management committee argues, this baseline, pre-drilling data could be used to make the case that drilling was the cause.

“The baseline testing is extremely important. Because all the discussion we’ve had about accountability and liability, the onus is on us to show the integrity and clarity of our water and have documentation on it,” said the committee’s Pennsylvania chairwoman Nancy Janyszeski, who also serves as Nockamixon’s supervisor chairwoman.

Scientists are focusing their water testing on both sides of the former Cabot Industries property, she said.

The Cabot property on Beaver Run Road, just of Route 611 near Revere, is the only site in the gas drilling permit application stages at the state Department of Environmental Protection.

The 102-acre property was home to a specialty metals production operation. The site underwent a federal environmental cleanup in the early 1990s.

The U.S. Environmental Protection Agency has given the Cabot site a clean bill of health.

The Lower Delaware River management committee is worried that one misstep at a drilling site in Nockamixon could spell disaster for its neighbors.

Township homeowners rely on private water wells and septic systems, and many are already grappling with a diminishing groundwater supply.

Natural gas is extracted thousands of feet below the surface via hydraulic fracturing, or fracking.

The process uses vast amounts of water, mixed with sand and other chemicals, injected into the ground under high pressure to create fractures in the rock and allow the oil or gas to be more easily withdrawn.

Like already-affected municipalities across the country, Nockamixon officials want the gas company to disclose what chemicals are being used, but it’s considered a trade secret and is exempted by federal law.

About 250 homeowners have signed leases with Michigan-based gas drilling company Arbor Resources. Nockamixon supervisors have asked Bucks County Court to overturn a decision by the township’s zoning hearing board, which decided Feb. 9 that township ordinances go too far in restricting drilling and agreed with Arbor officials that the state’s Oil and Gas Act trumps local regulations.

If groundwater is poisoned in the drilling process, the burden of proof will be with the gas company, said Shallenberger.

“The state rules put the burden of proof on the drilling company. If there is a problem or if someone else reports a water quality issue within six months that the drilling occurs, there is a presumption the drilling company is responsible for a change in water quality,” he said.

Although these samplings would serve as a before-and-after picture of Nockamixon water quality, it would bring little relief for homeowners suffering the consequences.

“Water is crucial resource for everyone,” he said.

Princeton Hydro’s water samples will be sent to the laboratory. Results are expected in a month.

August 18, 2009

Drilling, Hydro-Fracking, Journalism & Bias


(This column was sparked by  “elb’s”  comments below and invites either “elb” or  the commentator of his/her choice to respond as a guest columnist. Although  I disagree that the available science urges us to give  drilling and hydraulic fracturing  a chance,  the point of Breathing is to offer a forum for intellectually-honest discussion.  “elb’s”  full comments can be reached by clicking the comment link to the right of this column under  “recent comments.”)

Dear “elb,”

I wish you’d cited to examples when you wrote, “Those thousands in upstate NY who rallied for gas drilling see more benefits than negatives, yet you have not even made the first attempt to understand their point of view or why they reached it.  Instead, you’ve inferred that they’re insane idiots who care nothing for the land, just their wallets.”

I’d be interested to know how my  statement, “People are moved by  threats they perceive  as  intimate and immediate.  Unfortunately  for pro-water advocates,  residents of New York and Pennsylvania face many threats — many of which seem more ‘immediate’  than the potential loss of their drinking water.   How will they pay their mortgages?  How will they pay their student loans?  Where’s their next paycheck coming from?”  infers that drilling proponents are “insane idiots who care nothing  for the land, just their wallets.”

In fact, I’ve written angrily as a  former farm laborer and construction worker that many  landholders have been forced by  economic circumstances to even consider leasing their  gas rights and I’ve  exhorted  Basin communities to take specific steps in defense of our Basin’s economy and local producers.)

When you say, “Yet I hear very little insulting, denigrating comments directed at the ‘other side’  from them, despite a passion equal to yours…,”  does that include your statement,  “Instead, you’ve taken the blindly narcissistic stance that ‘it’s not possible’  that you and your fellow supporters might be guilty — or even capable — of exaggerating risks?”

Does it account for  Mr. Noel  Van Swol calling pro-water advocates “dilettantes”  at the July 15th DRBC Hearing?

Your statement provides no substantiation that I’ve exaggerated my claims  so  there’s little I can say in response.

However, it seems to me that certain facts must be accepted before we proceed:

  • hydraulic fracturing fluid contains toxic chemicals capable of rendering a water supply worthless;
  • the only scientific investigative  study currently in existence is the one recently released by the Environmental Protection Agency;
  • polluted water  wells must be reported within six months of  the suspect gas well being drilled and fracked;
  • when screwing anything on the horizontal,  the object will remain stable… until it doesn’t;
  • The Texas Supreme Court recently stated, “The [drilling] design projects the length of the fractures from the well measured three ways…. Estimates of these distances are…at best imprecise. Clues about the direction in which fractures are likely to run horizontally from the well may be derived from seismic and other data, but virtually nothing can be done to control that direction; the fractures will follow Mother Nature’s fault lines in the formation.”
  • no governmental or ad hoc agency has the budget or staff   to oversee any aspect of drilling and fracking:  not the drilling and water withdrawals nor the actual  fracking and disposal of the resultant toxic waste water — a crucial gap that has been  recognized by the Delaware River Basin Commission;

Despite your assessment of my position  (“I see one thing over and over again on this blog — a true lack of an open mind. You’ve made up your mind about gas drilling, despite much evidence ((especially in western NYS and other areas inside and certainly outside the West) that it can live in harmony with the environment and local communities.”))  I am not opposed to drilling and hydraulic fracturing;  I am opposed to slipshod processes.

And most assuredly,  I am opposed to approving an  activity or technology just  because there are locations where it’s operated safely even though  a wealth of circumstantial evidence points to very specific harms elsewhere.   (Not all smokers die of  smoking-related diseases.  Does that mean smoking is harmless?)

To further  explain my objection to shoddy process,  I  opposed  invading Iraq without well-articulated reasons, proof and adherence to Constitutional law.  I was especially opposed to our  policy makers relying  on  Ahmad Chalabi’s vested-interest “clarifications”  since he was angling to  be  Saddam’s  replacement.

A reasonable person would have questioned the value of  Chalabi’s  “evidence” as I  now question the value of  drilling company vested-interest   “evidence” and “assurances.”

More personally,   having been a teenager myself,   when my kids  told me  the party they were attending was safe, I automatically checked with the chaperones.  Loving our children or liking corporations doesn’t absolve us of using  common sense.   If people behaved rationally and  with the “common weal”  firmly in mind,  we’d have no need of laws or oversight  or even newspapers and discussion fora.

Which leads rather nicely to the issue of the  report released by the Environmental Protection Agency concerning  water contamination in  Wyoming about which you say, “Instead, you’ve decried the gas drilling industry’s propaganda (of which there is plenty) in favor of Earthworks’ propaganda: a press release that only hints at the fact that the EPA (1) has not yet determined the cause and source of the contaminated wells, and (2) only THREE of the 11 contaminated wells — out of 39 tested — had a toxin specific to fracking. How does that qualify for sounding a nationwide alarm, let alone the environmental catastrophe you’re constantly trying to whip your readers into a frenzy about?”)

What follows here are

“In interviews with ProPublica and at a public meeting this month in Pavillion’s community hall, officials spoke cautiously about their preliminary findings. They were careful to say they’re investigating a broad array of sources for the contamination, including agricultural activity. They said the contaminant causing the most concern – a compound called 2-butoxyethanol, known as 2-BE  – can be found in some common household cleaners, not just in fracturing fluids.

“But those same EPA officials also said they had found no pesticides – a signature of agricultural contamination – and no indication that any industry or activity besides drilling could be to blame. Other than farming, there is no industry in the immediate area.

“…according to EPA investigation documents, most of the water wells were flushed three times before they were tested in order to rid them of anything that wasn’t flowing through the aquifer itself.

“‘It 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. The investigation “could certainly have a focusing effect on a lot of folks in the Pavillion area as a nexus between hydraulic fracturing and water contamination.'”

(Conclusive, “elb?”  No,  but certainly worthy of  a moratorium until full explanations are available.)

  • a link to an earlier introductory article  and
  • a link to the EPA’s actual report (which I was unable to locate despite searching for over an hour)

We don’t have to argue the content; readers can decide whether or not I am attempting to  “whip [them] into a frenzy”  or whether I’m reasonably  concerned by the consequences  we see in Wyoming, Fort Worth,  Dimock (PA) and elsewhere of  “rushing to judgment”  as we did in Iraq.

Isn’t it rational to wonder why  those with the least are risking the most and  well-heeled energy corporations are poised to make out like bandits yet again?

Is it whipping readers “into a frenzy”  to remind them that corporations aren’t always honest and government  overseers are not always  concerned for the well-being of the “People.” (We have ample evidence of this given the recent economic meltdown and the collusive actions  of the Securities & Exchange Commission, ratings agencies and other financial pirates who  secured obscene profits for a few  while huge numbers of us lost our life savings and homes.)

Is it particularly onerous that I would raise those issues when our very water supply depends on drilling companies caring more for the water and our welfare  than they do their profits?  Is that me falling prey to “Earthworks’ propaganda” or is it a reasonable caution given  the times  in which we live and the fundamental nature of corporations which is to increase profits for their shareholders?

“Unlike the people you reached out to farther down the Delaware Valley, where gas drilling is likely never to come,”  you write, “most landowners in this area have done their homework and — untainted by the desire to hear only the facts that support a pre-set point of view — have come to a different, far less extreme conclusion.”

I’m left to assume  that their “far less extreme conclusion” is to  lease their gas rights…?     How is jumping in with both feet, no matter their reasons,  “far less extreme”  than  my position which I reiterate here for the umpteenth time:

“I want  the DRBC to table all drilling and fracking applications until after an  Environmental Impact Statement has been issued and independent, scientific studies have evaluated  the cumulative impacts of drilling, fracking and waste water disposal on the Delaware River Basin.”

Rather than being  part of a frenzied rush to drill,  I’m trying to  set the brake on  a run-away train.  (Imagine how much better we’d be sitting if   caution and science had informed  President Bush’s Iraq War strategy before he launched  “Shock and Awe.”)

You also state, “We are all actively working to avoid the kind of environmental holocaust you relish describing, even though the fact remains that no catastrophe on the scale you fear here has ever been seen in the U.S.”

I’m sure that your  reasoning will provide  comfort  to the residents of Chernobyl and Three Mile Island which were, I’m sure you’ll agree,   ground breaking events in their own right.

(I would appreciate you forwarding to me copies of   gas leases  which “avoid the kind of environmental holocaust”  you believe I “relish describing….”  Or perhaps you could include them in your rebuttal as evidence of  lessors’ efforts to protect our Basin.)

As to your insistence that information printed by ProPublica is propaganda, please consider Mr. Lustgarten’s  credentials  (“Abrahm Lustgarten is a former staff writer and contributor for Fortune, and has written for Salon, Esquire, the Washington Post and the New York Times since receiving his master’s in journalism from Columbia University in 2003. He is the author of the book China’s Great Train: Beijing’s Drive West and the Campaign to Remake Tibet, a project that was funded in part by a grant from the John D. and Catherine T. MacArthur Foundation.”) and the fact that he has chosen to work for ProPublica as a respected news source.

Then, please,  provide evidence of your assertion that ProPublica spews propaganda as well as  examples of  gas industry propaganda.

So you see, I completely agree, whether or not it’s my ” blog to do with as [I]  please,”  readers should demand  that we  provide  well-researched and balanced information for them to chew over in a civil venue.

In return, I ask the same of you and whomever you choose to write your rebuttal which I will be pleased to publish here.