Center for Biological Diversity

Tue, 2015-04-07 17:46Mike Gaworecki
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The Only Legal Challenge To Local Fracking Bans In California Was Just Quietly Dropped

The only lawsuit seeking to overturn any of the local fracking bans in the state of California has been dropped.

Southern California-based Citadel Exploration filed a suit on February 27 against San Benito County’s Measure J, which voters approved by a wide margin last November despite the oil and gas industry outspending its opponents 13-to-1 in an attempt to defeat the measure.

Citadel had called Measure J an “illegal local statutory scheme” and argued that only the state has the right to regulate oil and gas development, according to the San Jose Mercury News. The company has not released any further statements or responded to requests for comment on why it chose to drop the suit.

But anti-fracking activists and others who have worked on the fracking bans have their own theories.

“It's pretty clear to me now that the oil industry was bluffing,” Andy Hsia-Coron, a retired schoolteacher who helped run the Measure J campaign, told the San Jose Mercury News. “As they examined their hand, they realized it was pretty weak.”

Thu, 2015-03-12 05:58Mike Gaworecki
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Legislators Call Out California Regulators’ “Corrupt, Inept” Management Of Underground Wastewater Injection

The fallout from California officials’ failure to properly oversee the disposal of oil industry wastewater continued this week as lawmakers grilled officials with the state’s oil and gas regulatory agency for two hours while seeking assurances that they were getting the problem under control.

According to the LA Times, state senators “called the agency’s historic practices corrupt, inept, and woefully mismanaged.”

Senator Hannah-Beth Jackson (D-Santa Barbara), who said that reading the background materials ahead of the hearing “caused her blood pressure to soar,” per the Times, pretty much nailed it when she said, “There has been a serious imbalance between the role [of] regulating the oil and gas industry and the role of protecting the public.”

DeSmog helped break the initial story in this ongoing saga last year when 11 underground injection wells were ordered to shut down over fears they were pumping toxic and carcinogenic chemical-laden wastewater from fracking and other oil production processes into groundwater aquifers protected under federal law. Last week, 12 more injection wells were shut down for the same reason.

In the intervening months, the true extent of the problem has slowly come to light. It was revealed in February that regulators at California’s Division of Oil, Gas, and Geothermal Resources (DOGGR) wrongfully issued permits for close to 500 wells to inject oil industry wastewater into aquifers containing water that is useable or could be made useable—water that is badly needed in drought-stricken California and should have been protected under the federal Safe Drinking Water Act.

Thu, 2015-03-05 08:00Mike Gaworecki
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More California Oil Industry Wastewater Injection Wells Shut Down Over Fears Of Groundwater Contamination

The latest in the ongoing investigation into California regulators’ failure to protect residents from toxic oil industry waste streams has led to the closure of 12 more underground injection wells. The 12 wells that were shut down this week are all in the Central Valley region, ground zero for oil production in the state.

California has roughly 50,000 underground injection wells. State officials are investigating just over 2,500 of them to determine whether or not they are injecting toxic chemical-laden oil industry wastewater into aquifers containing usable water (or at least potentially usable water) that should have been protected under the Safe Drinking Water Act.

A coalition of environmental, health and public advocacy groups filed a legal petition with Governor Jerry Brown last week in an attempt to force an emergency moratorium on fracking after it was discovered that flowback, a fluid that rises to the top of a fracked well, contains alarmingly high levels of toxic and carcinogenic chemicals.

Fracking flowback is an increasingly prevalent component of the oil industry wastewater that is being injected into the state’s aquifers, as fracking is now used in up to half of all new wells drilled in California.

Prompted by an inquiry by the federal Environmental Protection Agency in 2011, state officials shut down 11 wastewater injection wells last year over similar concerns that they were polluting badly needed sources of water in a time of prolonged drought. It was later confirmed that 9 of those wells were in fact pumping wastewater into protected aquifers—some 3 billion gallons of wastewater, by one estimate.

Since then, the fallout has continued at a rapid pace, with a new revelation coming seemingly every other month. In just the past few months, for instance, the scope of the problem has ballooned from hundreds of injection wells allowed to dump oil industry wastewater into protected aquifers to thousands more wells permitted to inject fluids from “enhanced oil recovery” techniques such as acidization and cyclic steam injection into protected aquifers.

Wed, 2015-02-18 09:58Mike Gaworecki
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Fracking Flowback From California Oil Wells Found To Contain Dangerous Levels Of Carcinogenic and Toxic Chemicals

Adding to the already lengthy list of reasons to be concerned about the disposal of oil industry wastewater in California, the Center for Biological Diversity says it has found dangerous levels of toxic and carcinogenic chemicals such as benzene and toluene in fracking flowback.

Flowback is a fluid that floats up to the surface of fracked wells that contains clays, dissolved metal ions and total dissolved solids (such as salt) in addition to chemical additives used in the fracking process.

As such, flowback is a component of oil industry wastewater, and one of the chief reasons why the wastewater must be disposed of in a very cautious manner.

In California, where the toxic and cancer-causing chemicals were found to be present in flowback by the CBD, oil industry wastewater is not, unfortunately, disposed of in a cautious manner.

The most common wastewater disposal method is to inject it underground. It was recently revealed that California regulators have allowed hundreds of injection wells to pump wastewater into aquifers protected under the federal Safe Drinking Water Act. Regulators also permitted thousands more wells to inject fluids from “enhanced oil recovery” techniques like acidization and cyclic steam injection into protected aquifers.

Wed, 2015-02-11 04:58Mike Gaworecki
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California's Wastewater Injection Problem Is Way Worse Than Previously Reported

Documents released this week as part of the EPA’s investigation into the state of California’s underground injection control program show that in addition to hundreds of wastewater injection wells there are thousands more wells illegally injecting fluids from “enhanced oil recovery” into aquifers protected by the federal Safe Drinking Water Act.

At a time when California is experiencing extreme and prolonged drought, you might expect state regulators to do everything they can to protect sources of water that could be used for drinking and irrigation. But that simply isn’t the case.

For every barrel of oil produced in California — the third largest oil-producing state in the nation, behind Texas and North Dakota — there are 10 barrels of wastewater requiring disposal. California produces roughly 575,000 barrels of oil a day, meaning there are nearly 6 million barrels of wastewater produced in the Golden State on a daily basis — a massive waste stream that state regulators have utterly failed to manage properly.

In meeting a February 6 deadline imposed by the EPA to provide a plan for dealing with the problems rampant in its Underground Injection Control (UIC) Class II Program, regulators at California’s Division of Oil, Gas, and Geothermal Resources (DOGGR) revealed that nearly 2,500 wells have been permitted to inject oil and gas waste into protected aquifers, a clear violation of the Safe Drinking Water Act.

More than 2,000 of the wells are currently active, with 490 used for injection of oil and gas wastewater and 1,987 used to dispose of fluids or steam used in enhanced oil recovery techniques like acidization and cyclic steam injection.

“The Division acknowledges that in the past it has approved UIC projects in zones with aquifers lacking exemptions,” DOGGR told the EPA in a letter dated Feb. 6.

Tue, 2015-02-03 10:37Mike Gaworecki
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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.”

Wed, 2015-01-28 11:26Steve Horn
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Enbridge Gets Another Federal Tar Sands Crude Pipeline Permit As Senate Debates Keystone XL

On January 16, the U.S. Army Corps of Engineers gave Enbridge a controversial Nationwide Permit 12 green-light for its proposed Line 78 pipeline, set to bring heavy tar sands diluted bitumen (“dilbit”) from Pontiac, Illinois to its Griffith, Indiana holding terminal.

The permit for the pipeline with the capacity to carry 800,000 barrels-per-day of tar sands dilbit came ten days after the introduction of S.1 — the Keystone XL Pipeline Act — currently up for debate on the U.S. Senate floor, which calls for the permitting of the northern leg of TransCanada's Keystone XL

Enbridge Line 78 Army Corps of Engineers Permit

Griffith is located just south of Whiting, Indiana, home of a massive refinery owned by BP. In November 2013, BP opened its Whiting Modernization Project, which retooled to refine up to 85-percent of its capacity as heavy dilbit from the tar sands, up from its initial 20-percent capacity.

Mon, 2015-01-12 11:07Farron Cousins
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Obama Administration Sued Over Gulf Of Mexico Fracking

At a time when the rest of the world (for a host of reasons) is shying away from the hydraulic fracturing “boom,” the United States appears to be hell-bent on allowing fracking in every available space. The latest target for the industry has been the already imperiled Gulf of Mexico, the same waters that are still reeling from the effects of BP’s Deepwater Horizon oil disaster.

In its haste to allow as much fracking as possible in the Gulf, the Obama administration has repeatedly failed to release information about the dangers of fracking in the Gulf of Mexico, as well as information regarding the total number of permits that have been issued.

But a new lawsuit by The Center for Biological Diversity seeks to make that information public.

The lawsuit says that the Bureau of Ocean Energy Management and the Bureau of Safety and Environmental Enforcement are obligated to release this information to the public. The government has so far failed to respond to the group’s FOIA request to make this information known to the public.

The risks of offshore fracking are well known, and The Center for Biological Diversity has a report that details the dangers that have already been realized off the coast of California, where offshore fracking has been under way for some time.

In that report, the Center uncovered some disturbing trends about the wastewater that is created during fracking:

Wed, 2015-01-07 17:00Mike Gaworecki
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California Court Rejects Misleading Language In Local Fracking Ballot Initiative--Twice

Residents of La Habra Heights in Los Angeles County, California want their city to become the latest to ban fracking and other high intensity oil extraction methods, and have placed an initiative on the March 2015 ballot to do just that.

The residents and activists seeking to ban fracking in La Habra Heights won a significant battle on New Year’s Eve when inaccurate and misleading ballot language backed by the oil and gas industry was rejected by the Los Angeles Superior Court. Now they've won a second victory against the oil and gas companies trying to game the citizen initiative system.

“The Healthy City Initiative,” also known as Measure A, seeks to ban fracking and would also prohibit any new oil and gas wells from being drilled within city limits, as well as bar dormant wells from being reactivated. The intention is to stop La Habra Heights from becoming the latest fracking boom town without shuttering current oil and gas development projects, so as to have as minimal an impact on the local economy as possible while ensuring the future health and viabillity of the community.

Earthjustice sued the city of La Habra Heights on December 1 on behalf of residents, La Habra Heights Oil Watch, and the Center for Biological Diversity after the city included oil and gas industry language on the ballot that, according to an Earthjustice press release, “inaccurately summarizes the language that was circulated to and signed by voters in order to place the initiative on the ballot in the first place.”

Fri, 2014-11-14 09:59Steve Horn
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Former Treasury Secretary Timothy Geithner's Warburg Pincus May Profit from Tar Sands Exports

Several environmental groups have filed a lawsuit against the U.S. Department of State and Secretary John Kerry over the permitting of a controversial border-crossing northern leg of a pipeline system that DeSmogBlog has called Enbridge's “Keystone XL Clone.”

The Keystone XL Clone is designed to accomplish the same goal as TransCanada's Keystone XL: bringing Alberta's tar sands to Gulf coast refineries and export market. It consists of three legs: the Alberta Clipper expansion as the northern leg, the Flanagan South middle leg and the Seaway Twin southern leg.

Green groups have called the northern leg an “illegal scheme” because the Enbridge Alberta Clipper expansion proposal didn't go through the normal State Department approval process. Instead, State allowed Enbridge to add pressure pumps to two separate-but-connected pipelines on each side of the border and send Alberta's diluted bitumen (“dilbit”) to market.

Enbridge dodged a comprehensive State Department environmental review, which involves public hearings and public commenting periods. The groups say this is illegal under the National Environmental Policy Act (NEPA) and have demanded a re-do for Enbridge's application process.

“The only thing worse than dirty oil is dirty oil backed by dirty tricks. This is the fossil fuel equivalent of money laundering,” Kieran Suckling, executive director of the Center for Biological Diversity, said in a press release announcing the lawsuit. “The Obama administration should be ashamed of itself for letting Enbridge illegally pump more dirty tar sands oil into the United States.”

The maneuver has a key beneficiary: former Obama Administration Secretary of the Treasury, Timothy Geithner, who now serves as President of the private equity giant Warburg Pincus.

Geithner's connection to the lawsuit not only adds intrigue, but also reveals the purpose of Enbridge's Keystone XL Clone: an export fast-track to the global market.

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