Environmental Protection Agency

Calls For Immediate Shutdown Of Illegal California Injection Wells As Regulators Host 'Aquifer Exemption Workshop'

While California legislators are calling for immediate closure of the thousands of injection wells illegally dumping oil industry wastewater and enhanced oil recovery fluids into protected groundwater aquifers, regulators with the state’s Division of Oil, Gas and Geothermal Resources (DOGGR) were holding an “Aquifer Exemption Workshop” in Long Beach on Tuesday.

Just 23 out of the 2,500 wells DOGGR officials have acknowledged the agency improperly permitted to operate in aquifers that contain potentially drinkable water have so far been closed down — 11 were closed down last July and 12 more were shut down earlier this month.

Given the urgency of the situation, it certainly does not look good that DOGGR made time to hold a workshop to outline “the data requirements and process for requesting an aquifer exemption under the Safe Drinking Water Act,” when it has given itself a two-year deadline to investigate the thousands more wells illegally operating in groundwater aquifers that should have been protected under the federal Safe Drinking Water Act all along.

Last Friday, state legislators sent Governor Jerry Brown a letter calling for the immediate closure of the wells, writing that “the decision to allow thousands of injection wells to continue pumping potentially hazardous fluids into protected aquifers is reckless.”

And protestors with Californians Against Fracking were outside the Holiday Inn Long Beach Airport on Tuesday to greet DOGGR officials as they showed up for their workshop.

Peabody Coal Lawyer Laurence Tribe, Obama's Law Professor, Testifies in Congress vs. EPA Carbon Rule

Laurence Tribe, constitutional law professor at Harvard Law School and of-counsel at the firm Massey & Gail LLP, recently testified in front of the U.S. House Committee on Energy and Commerce against the proposed U.S. Environmental Protection Agency (EPA) carbon rule

Currently working as legal counsel for coal industry giant Peabody Energy and helping the company write comments, Tribe submitted a 57-page legal memo to accompany his five-minute testimony (starting at 22:43). In December 2014, Tribe submitted 35 pages worth of comments to the EPA on its proposed rule.

Joining Tribe were both New York University School of Law professor Richard Revesz and Hunton & Williams attorney Allison Wood, who testified for and against the Clean Power Plan, respectively. But Tribe served as the star witness and fielded most of the questions from the Committee during the question-and-answer session.

Fittingly given his distinguished legal background, Tribe argued against the Clean Power Plan on constiutional law grounds. 

“Burning the Constiution should not become part of our national energy policy,” Tribe wrote in the early pages of the legal memo he submitted to the Committee. “At its core, the issue the Clean Power Plan presents is whether EPA is bound by the rule of law and must operate within the framework established by the United States Constitution.”

He also proposed a solution — favored by his client Peabody  in a section titled, “There is a Better Way.”

“The United States could…support carbon capture and storage technologies,” Tribe wrote, not mentioning Peabody's advocacy for so-called “clean coal.” 

“An 'all of the above' energy policy can support all forms of domestic energy production that will minimize carbon emissions, protect consumers and American jobs, and ensure that the U.S. remains independent from unreliable foreign sources of energy.”

Internal Documents Reveal Extensive Industry Influence Over EPA's National Fracking Study

In 2010, the Environmental Protection Agency (EPA) launched an ambitious and highly consequential study of the risks that hydraulic fracturing, or fracking, poses to American drinking water supplies.

This is about using the best possible science to do what the American people expect the EPA to do – ensure that the health of their communities and families are protected,” Paul Anastas, Assistant Administrator for the agency's Office of Research and Development, said in 2011.

But the EPA's study has been largely shaped and re-shaped by the very industry it is supposed to investigate, as energy company officials were allowed to edit planning documents, insisted on vetting agency contractors, and demanded to review federal scientist's field notes, photographs and laboratory results prior to publication, according to a review by DeSmog of over 3,000 pages of previously undisclosed emails, confidential draft study plans and other internal documents obtained through open records requests.

Company officials imposed demands so infeasible that the EPA ultimately dropped a key goal of the research, their plans to measure pollution levels before and after fracking at two new well sites, the documents show.

All told, the documents raise serious questions about the study's credibility and they highlight a certain coziness between the EPA and Chesapeake Energy, one of the most aggressive oil and gas companies in the shale gas rush.

“[Y]ou guys are part of the team here,” one EPA representative wrote to Chesapeake Energy as they together edited study planning documents in October 2013, “please write things in as you see fit”.

Chesapeake took them up on the offer.

California Regulators Allowed Oil Industry To Drill Hundreds Of Wastewater Injection Wells Into Aquifers With Drinkable Water

Update 02/11/15: The problems with California's underground injection control program are far worse than originally reported. It has now been revealed that California regulators with DOGGR not only permitted hundreds of wastewater injection wells but also thousands more wells injecting fluids for “enhanced oil recovery” into aquifers protected under the federal Safe Drinking Water Act.

Original post: The fallout from the ongoing review of California’s deeply flawed Underground Injection Control program continues as new documents reveal that state regulators are investigating more than 500 injection wells for potentially dumping oil industry wastewater into aquifers protected under the federal Safe Drinking Water Act as well as state law.

Last July, the U.S. Environmental Protection Agency (EPA) ordered an emergency shutdown of 11 wastewater injection wells in California. In October, nine of the wells were confirmed to have been illegally dumping wastewater into protected aquifers.

Now a letter from Steve Bohlen, the State Oil and Gas Supervisor for California’s Division of Oil, Gas & Geothermal Resources (DOGGR), sent to the EPA on August 18, 2014 but just revealed via a Freedom of Information Act request, shows that the problem is much more widespread than previously disclosed to the public.

A copy of the letter was shared with DeSmogBlog by the Center for Biological Diversity. “EPA has confirmed to us and to the San Francisco Chronicle that Steve Bohlen’s list shows 532 wells believed to be injecting into protected aquifers,” according to Patrick Sullivan, a spokesperson for the CBD.

Under federal law, any aquifer with water that contains less than 10,000 parts-per-million of total dissolved solids (such as salt and other minerals) is protected. Sullivan told DeSmog that the 532 wells are all injecting wastewater into water that is either cleaner than 10,000 ppm TDS or with unknown TDS. CBD has mapped all of the injection wells in question.

“We know that at least 170 of these wells were drilled into aquifers with TDS of below 3,000 — which means they are suitable for drinking water,” Sullivan says. “Hundreds more are injecting into aquifers below 10,000 TDS, which is water that likely could be made usable.”

In response to the revelations, CBD sent a letter to the EPA demanding an immediate shutdown of all oil industry injection wells in the state that are injecting wastewater into protected aquifers.

“Because the state has failed to protect our water or uphold the law, action by the EPA Administrator is legally required,” the letter states. “In the midst of an unprecedented drought and when so many Californians lack access to safe, clean drinking water, it is outrageous to allow contamination of drinking and irrigation water to continue.”

California Governor Proposes Most Ambitious Renewable Energy Target In U.S.

California Governor Jerry Brown used the occasion of his fourth inaugural address to propose an ambitious new clean energy target for the state: 50% renewable energy by 2030.

“We are at a crossroads,” Brown said in announcing the proposal, according to Climate Progress. “The challenge is to build for the future, not steal from it, to live within our means and to keep California ever golden and creative.”

Already the leader in installed solar capacity and third when it comes to wind power, the Golden State had previously adopted a Renewable Portfolio Standard mandate to procure 33% of its electricity from renewable sources by 2020, a goal it was easily on pace to meet.

Environmentalists were quick to applaud Governor Brown’s 50% by 2030 proposal, which would give California the most ambitious renewable energy target of any US state, eclipsing Hawaii’s 40% by 2030 target.

But given the current growth rate of California’s renewable sector, even 50% by 2030 might not end up being that ambitious, according to Abigail Dillen, Vice President of Climate and Energy for Earthjustice.

New EPA Coal Ash Regulations Are Not Enough To Stop The Next Coal Ash Spill

The Environmental Protection Agency released long-awaited coal ash regulations today, the first rules ever to be imposed on the storage and disposal of the toxic waste left over after burning coal for electricity—the second largest industrial waste stream in the U.S.

But according to Earthjustice and the 10 environmental and public interest groups it represented in suing to force the release of the regulations in the first place, the EPA’s new rules are not nearly stringent enough to stop the next coal ash spill before it happens.

The new rules will not phase out the practice of storing massive quantities of coal ash—which contains highly toxic substances like arsenic, mercury, lead and radioactive uranium—in unlined ponds shored up by earthen dams that are often unstable and likely to fail. This is exactly what happened in the case of the Dan River coal ash spill in North Carolina this past February and the spill in Kingston, Tennessee in 2008 that released 1.1 billion gallons of coal fly ash slurry, covering up to 300 acres of surrounding land.

The typical coal ash dam is built from soil and ash and is used to impound millions of tons of coal ash and wastewater. The majority are over 40 years old, according to Earthjustice, and most do not have monitoring systems in place for detecting leaks of the toxic coal ash slurry they contain.

Not Just Public Lands: Defense Bill Also Incentivizes Fracked Gas Vehicles

DeSmogBlog recently revealed how Big Oil's lobbyists snuck expedited permitting for hydraulic fracturing (“fracking”) on public lands into the National Defense Authorization Act (NDAA) of 2015, which passed in the U.S. House and Senate and now awaits President Barack Obama's signature.

A follow-up probe reveals that the public lands giveaway was not the only sweetheart deal the industry got out of the pork barrel bill. The NDAA also included a provision that opened the floodgates for natural gas vehicles (NGVs) in the U.S.—cars that would largely be fueled by gas obtained via fracking.

The section of the bill titled, “Alternative Fuel Automobiles” (on page 104) lays it out:

NDAA of 2015 Natural Gas Vehicles
Image Credit: U.S. Government Publishing Office 

Climate Legacy: Report Offers Stark Reminder Why Fossil Fuel Industry Is So Intent To Avoid Accountability For Pollution

If the governments of the world get serious about tackling climate change and adopt aggressive limits on global warming emissions, many fossil fuel companies’ could see their assets become stranded, forcing them to fundamentally change their business models or go out of business altogether.

But there’s another reason why those companies are so desperate to forestall any and all attempts to rein in climate emissions by holding polluters accountable: fossil fuels companies themselves are responsible for a massive amount of the greenhouse gases cooking our climate.

The Climate Accountability Institute has updated its Carbon Majors Project in time for the climate talks in Lima, Peru, “detailing the direct and product-related emissions traced to the major industrial carbon producers in the oil, natural gas, coal, and cement industries” through 2013. CAI has found that the carbon-based fossil fuels and cement produced by just 90 entities were responsible for 65% of the 1,443 billion metric tonnes of CO2 emitted between 1751, the dawn of the industrial era, and 2013.

Some 50 investor-owned companies are among the 90 entities on the Carbon Majors list, and they are collectively responsible for nearly 22% of all global warming emissions up to 2013, while the 36 state-owned companies on the list are responsible for another 20%.

Like Canada's Harper Government, Obama Administration Muzzling Its Scientists

In recent years, Canadian Prime Minister Stephen Harper has come under fire for disallowing scientists working for the Canadian government to speak directly to the press

An article published in August by The New Republic said “Harper's antagonism toward climate-change experts in his government may sound familiar to Americans,” pointing to similar deeds done by the George W. Bush Administration. That article also said that “Bush's replacement,” President Barack Obama, “has reversed course” in this area.

Society for Professional Journalists, the largest trade association for professional journalists in the U.S., disagrees with this conclusion. 

In a December 1 letter written to Gina McCarthy, administrator for the U.S. Environmental Protection Agency (EPA), the society chided the Obama administration for its methods of responding to journalists' queries to speak to EPA-associated scientists. 

“We write to urge you again to clarify that members of the EPA Science Advisory Board (SAB) and the twenty other EPA science advisory committees have the right and are encouraged to speak to the public and the press about any scientific issues, including those before these committees, in a personal capacity without prior authorization from the agency,” said the letter.

“We urge you…to ensure that EPA advisory committee members are encouraged share their expertise and opinions with those who would benefit from it.”

EPA’s Clean Power Plan Could Leave A Lot Of Renewable Energy Gains On The Table

Many states are already on track to meet or beat the renewable energy targets laid out for them by the EPA’s Clean Power Plan, according to a new report from Earthjustice, which is calling on the agency to strengthen the plan in order to promote more ambitious renewable energy growth.

The Clean Power Plan sets out different emissions reduction levels for each state to reach by 2030, and suggests renewable energy targets as one means of achieving those goals. But Earthjustice has found that many states have already adopted their own renewable energy standards that either meet or even exceed the suggestions made by the EPA.

Three extreme examples are California, Colorado, and Hawaii, some of the states that have done the most to embrace renewable energy. California ranks first in installed solar capacity and third in wind—it even set a record earlier this year for single-day solar photovoltaic energy generation—and has set a mandatory goal of generating 33% of its electricity from renewables by 2020. Yet the Clean Power Plan sets a standard of 21% by 2030 for the Golden State.

Colorado has a similarly ambitious self-imposed goal of 30% by 2020, but the EPA’s suggestion is also 21% by 2030. And Hawaii, which is aiming for 40% by 2030, is being urged by the Clean Power Plan to hit just 10%.

Here’s how several other clean energy early adopter states' own commitments stack up against the goals called for in the Clean Power Plan:

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