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Tue, 2013-09-03 14:37Steve Horn
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"Frackademia" By Law: Section 999 of the Energy Policy Act of 2005 Exposed

With the school year starting for many this week, it's another year of academia for professors across the United States - and another year of “frackademia” for an increasingly large swath of “frackademics” under federal law. 

“Frackademia” is best defined as flawed but seemingly legitimate science and economic studies on the controversial oil and gas horizontal drilling process known as hydraulic fracturing (“fracking”), but done with industry funding and/or industry-tied academics (“frackademics”). 

While the “frackademia” phenomenon has received much media coverage, a critical piece missing from the discussion is the role played by Section 999 of the Energy Policy Act of 2005. Although merely ten pages out of the massive 551-page bill, Section 999 created the U.S. Department of Energy-run Research Partnership to Secure Energy for America (RPSEA), a “non-profit corporation formed by a consortium of premier U.S. energy research universities, industry and independent research organizations.” 

Under the Energy Policy Act of 2005, RPSEA receives $1 billion of funding - $100 million per year - between 2007 and 2016. On top of that, Section 999 creates an “Oil and Gas Lease Income” fund “from any Federal royalties, rents, and bonuses derived from Federal onshore and offshore oil and gas leases.” The federal government put $50 million in the latter pot to get the ball rolling. 

The Energy Policy Act of 2005's ”Halliburton Loophole” - which created an enforcement exemption from the Clean Water Act and the Safe Drinking Water Act for fracking, and made the chemicals found within fracking fluid a “trade secret” - is by far the bill's most notorious legacy for close followers of fracking.

These provisions were helped along by then-Vice President Dick Cheney's Energy Policy Task Force, which entailed countless meetings between Big Oil lobbyists and executives and members of President George W. Bush's cabinet. Together, these lobbyists and appointees hammered out the details behind closed doors of what became the Energy Policy Act of 2005, a bill receiving a “yes” vote by then-U.S. Sen. Barack Obama.

Tue, 2011-01-25 16:32Emma Pullman
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Industry Groups Fight Dirty Against Oscar-Nominated Hydraulic Fracturing Documentary "Gasland"

In the United States and beyond, governments are praising the “clean, plentiful fuel” that is natural gas, and tout it as a viable alternative to oil and coal.  According to Abrahm Lustgarten at ProPublica, its advocates are calling natural gas a step toward a greener energy future due to the fact, they assert, that natural gas produces 50 percent less greenhouse gases than coal. 

Josh Fox’s critically-acclaimed documentary Gasland tells quite a different story about the natural gas industry and its extraction process, called hydraulic fracturing, or fracking.  As he journeys across the United States, he discovers the devastating environmental and health impacts of humans and animals in close proximity to gas wells, and realizes that the so-called “Saudi Arabia of natural gas” is causing more pain than it is worth.

After the release of Fox’s documentary, an oil and gas lobby group calling itself “Energy In-Depth” launched a public relations offensive against the film (apparently they didn’t like the footage of people lighting their tap water on fire).  As it turns out, the website of the lobby group was registered to a Washington, DC public relations firm called FD Americas Public Affairs (formerly FD Dittus Communications) whose clients included oil and gas lobby groups including the American Energy Alliance, run by former Republican staffers Eric Creighton, Kevin Kennedy and Laura Henderson.

Today, when Fox’s documentary was nominated for an Academy Award for best documentary feature, a major energy trade association weighed in on Gasland’s nomination.  The industry group, the America’s Natural Gas Alliance argues on its website that “for our nation’s economy” we must make greater use of the “Saudi Arabia of Natural Gas” for the sake of the environment and economy.

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