EPA

Thu, 2014-02-06 08:58Sharon Kelly
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In Pavillion, Wyoming Water Contamination Case, Questions Continue To Swirl About Oil and Gas Industry's Role

A funny thing happened when Idaho Dept. of Lands Oil and Gas Program Manager Robert Johnson stepped to the microphone at a public hearing this past fall. He said something that many have long suspected, but few officials have actually been willing to say bluntly and publicly.

He said that the oil and gas industry was responsible for the contaminated groundwater in Pavillion, Wyoming — referring to a high-profile case where environmentalists have alleged oil and gas drilling and fracking caused a town’s water supplies to go bad.  

Everybody's heard of Pavillion, Wyoming,” Mr. Johnson said. “OK. Pavillion was a leaking above ground pit that was not lined.”

Did the industry cause it?” Mr. Johnson said. “Yes they did.”

Later in his talk, Mr. Johnson also pointed to a faulty cement casing in a natural gas well as another factor in the case, describing EPA data showing pollution was caused “by a bad cement job on an Encana well that was drilled in 1985.”

His statement is noteworthy because, before coming to Idaho, Mr. Johnson was directly involved with the Pavillion investigation. He worked for the groundwater division of the Wyoming State Engineer’s Office, which has taken the lead role in the contamination investigation.

The comments, which were recorded by county officials and distributed by anti-drilling advocates, were also significant because they were so candid and because the state of Wyoming maintains that more study is needed before blame can be assigned. The state is currently investigating the Pavillion incident and expects to publish a report in September of this year.

Asked about the comments, Idaho state officials said that the remarks about wastewater pits were intended “to illustrate that the State of Idaho requires lined pits to avoid surface contamination,” adding that Mr. Johnson, an Idaho official, was not speaking on behalf of the State of Wyoming. Mr. Johnson worked for the oil and gas industry before joining the Wyoming State Engineer’s Office.

Wed, 2014-02-05 05:00Sharon Kelly
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At State and Federal Level, Regulators Continue to Struggle With Fracking Wastewater

The oil and gas industry often complains about the patchwork of rules that exist from state to state and county to county. They say that the rules are so variable that it’s like having to get a new driver’s license every time you drive across a state line. Public safety advocates suggest a simple fix: federal oversight of drilling. Standardize the rules. But the drilling industry recoils at the very notion.

Several recent developments illustrate exactly why. Witness the two diametrically opposed directions federal and state regulators are heading. Officials at the U.S. Environmental Protection Agency, on the one hand, are considering strengthening rules on how oil and gas wastewater is handled by classifying some of it as hazardous waste. Meanwhile, state regulators in Pennsylvania, where the most active Marcellus shale drilling is currently underway, are considering a move to loosen wastewater rules.

Pennsylvania is currently poised to enact rules that would encourage oil and gas companies to use the heavily polluted wastewater from abandoned coal mines, called acid mine drainage, instead of fresh water. While supporters of this rule change say it’s a win-win situation for the environment and for drillers, opponents of the bill say that a key incentive in the bill goes overboard and could wind up creating worse problems down the road.

Fri, 2014-01-31 05:00Sharon Kelly
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Amid Calls for EPA to Reopen Fracking Investigations, States Confirm Contaminated Groundwater

Republican Sen. James Inhofe said it. Colorado Governor John Hickenlooper said it. Even former Environmental Protection Agency chief Lisa Jackson said it.

For over a decade, oil and gas executives and the policy makers who support them have repeated a single bold claim: there has never been a single documented case where fracking contaminated groundwater. 

But a blockbuster investigative report by the Associated Press offered up new evidence earlier this month that the shale industry’s keystone environmental claim is simply not true.

Multiple states confirmed that drilling and fracking contaminated groundwater supplies, the investigation found. There have been thousands of complaints from people living near drilling over the past decade, the AP reported, and three out of the four states from which the AP obtained documents confirmed multiple instances where oil and gas companies contaminated groundwater.

Out of the four states the AP obtained documents from, only Texas reported no confirmed oil and gas-related groundwater contamination. But one high-profile incident in Texas has again come under scrutiny, as a report quietly released by the Obama administration on Christmas Eve has called the adequacy of the state’s investigation into question.

On Monday, over 200 environmental groups called on President Obama to reopen the federal investigations into that case and others in Pennsylvania and in Wyoming, and to personally meet with people whose drinking water supplies have been polluted.

“The previously closed EPA investigation into these matters must be re-opened,” said the letter, sent the day before Mr. Obama's State of the Union address. “These three are among a growing number of cases of water contamination linked to drilling and fracking, and a significant and rapidly growing body of scientific evidence showing the harms drilling and fracking pose to public health and the environment.”

Tue, 2014-01-14 20:52Farron Cousins
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First On 2014 Congressional Agenda: Dismantle EPA Protections That Save Lives

After nearly a month off, U.S. elected officials returned to Washington, D.C. this week.  And just as they so often do after returning from vacation, one of their first legislative actions was to dismantle portions of the Environmental Protection Agency (EPA).

The U.S. House of Representatives passed a legislative packet that will greatly reduce the EPA’s ability to monitor environmental and health violations, leaving that responsibility to the states, many of which are constrained in their ability by tight budgets. 

The package, known as the Reducing Excessive Deadline Obligations Act, is a compilation of three separate bills, each attacking a different area of the EPA.

One of the biggest changes stemming from the legislation is a requirement that EPA update its rules for solid waste disposal every three years, and the agency will no longer be able to impose any regulations on solid waste disposal that interfere or attempt to supersede state laws. 

Other parts of the legislative package compel the EPA to consult with states before imposing rules on the cleanup of Superfund sites, in addition to language that requires the President to consult with state leadership before enforcing environmental laws.

The three separate pieces of legislation included in the packet were proposed by Republican representatives Cory Gardner of Colorado and Bob Latta and Bill Johnson of Ohio.  Altogether, the three Republicans have received more than $1,190,000 from the dirty energy industry.

Mon, 2014-01-13 15:40Guest
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Range Resources Spokesman Matt Pitzarella Misrepresented Education Credentials, Never Received Business Ethics Degree

This is a guest post by Amanda Gillooly, originally published on Marcellus Monitor.

Range Resources Director of Corporate Communications Matt Pitzarella has long listed a master of science degree in leadership and business ethics from Duquesne University as one of his educational accomplishments – one he claimed to have earned in 2005. That degree is listed under his educational experience on his Linkedin profile.

In a profile piece that appeared on the website for the Cal Times (the student publication of the California University of Pennsylvania, where he earned his undergraduate degree),  contributing editor Casey Flores wrote:

Matt is a genuine success story. After graduating from Cal U with a major in public relations and minor in marketing, Matt went on to work his way up through the education and corporate world with a master’s degree in leadership and business ethics from Duquesne University. He attributes much of his success, however, to the internships he completed during his time at Cal U.

He also lists the degree on yatedo.com here.

However, an investigation into his education reveals that Pitzarella never earned a degree through Duquesne University in Pittsburgh.

Marcellus Monitor received this email from the university’s Director of Communications, Tammy Ewin in response to our inquiry into Pitzarella’s degree:

Matt Pitzarella does not have a degree from Duquesne University. He attended from the spring of 2004 through fall 2004 in the master of science in leadership and business ethics program.
Wed, 2013-12-18 05:00Sharon Kelly
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Despite Flaws, Pennsylvania Regulators Fast Track FirstEnergy Coal Ash Disposal Plans

Across the U.S., the shale rush has unleashed a frenzy of excitement about domestic energy supplies.

But the oil and gas produced from fracking comes along with billions of gallons of wastewater and tons of mud and rock that carry radioactive materials and heavy metals.

As problems with disposal mount, the industry has offered mostly vague promises of “recycling” to describe how the waste will be handled over the long run.

As the nation gears up to produce vast amounts of shale oil and gas — and the toxic waste that comes along with it — it’s worth taking a look back at the failures of another industry to handle its toxic waste responsibly — the coal industry. 

Communities across America are still struggling to resolve problems left behind decades ago from coal mining and related industrial pollution.

These aren’t merely yesterday’s problems – the ash from burning coal at coal-fired power plants remains the single largest wastestream in the U.S.

Sun, 2013-12-15 14:17Farron Cousins
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Science On Trial In America As Courts and Congress Grapple with Industry Pollution

Both the science behind climate change and the efficacy of life-saving safety standards from the U.S. Environmental Protection Agency (EPA) had a trying week in Washington, D.C., as industry-backed lawsuits and politicians attempted to undermine the entire scientific community.

The EPA is currently battling two major legal obstacles in the courts over the agency's authority to enact and enforce provisions of the Clean Air Act.  This is a power that the U.S. Supreme Court had already ruled was not only within the agency’s jurisdiction, but a duty that it had to perform for the American public.

One of the legal battles took place at the U.S. Court of Appeals for the D.C. Circuit, where the EPA defended its work to limit the amount of mercury and arsenic that energy companies are allowed to release into the air.  According to NRDC, these health standards that are under attack from the dirty energy industry have the potential to save as many as 45,000 lives a year.

Based on the D.C. Circuit’s previous rulings regarding the Clean Air Act, it is likely that the EPA will be the victor in this case. 

Wed, 2013-12-04 13:32Steve Horn
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Documents Reveal ALEC's Looming Attacks on Clean Energy, Fracking Laws, Greenhouse Gas Regulations

The Guardian has released another must-read piece about the American Legislative Exchange Council (ALEC), this time laying bare its anti-environmental agenda for 2014. 

The paper obtained ALEC's 2013 Annual Meeting Policy Report, which revealed that ALECdubbed a “corporate bill mill” for the statehouses by the Center for Media and Democracy — plans more attacks on clean energy laws, an onslaught of regulations pertaining to hydraulic fracturing (“fracking”) and waging war against Environmental Protection Agency (EPA) greenhouse gas regulations.

“Over the coming year, [ALEC] will promote legislation with goals ranging from penalising individual homeowners and weakening state clean energy regulations, to blocking the Environmental Protection Agency, which is Barack Obama's main channel for climate action,” explained The Guardian. “Details of ALEC's strategy to block clean energy development at every stage, from the individual rooftop to the White House, are revealed as the group gathers for its policy summit in Washington this week.”

The documents also reveal ALEC's boasting of introducing myriad “model resolutions” nationwide in support of fast-tracking approval for the northern half of Transcanada's Keystone XL pipeline, along with another “model bill” — the “Transfer of Public Lands Act” already introduced in Utah — set to expropriate federally-owned public lands to oil, gas and coal companies. 

Fri, 2013-11-22 12:37Steve Horn
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US Court Denies Halt on Pipeline Set to Replace Keystone XL Northern Half

Flanagan south, keystone xl pipeline

The ever-wise Yogi Berra once quipped “It's like déjà vu all over again,” a truism applicable to a recent huge decision handed down by the United States District Court for the District of Columbia. 

A story covered only by McClatchy News' Michael Doyle, Judge Ketanji Brown Jackson shot down Sierra Club and National Wildlife Federation's (NWF) request for an immediate injunction in constructing Enbridge's Flanagan South tar sands pipeline in a 60-page ruling.

That 600-mile long, 600,000 barrels per day proposed line runs from Flanagan, Illinois - located in the north central part of the state - down to Cushing, Oklahoma, dubbed the “pipeline crossroads of the world.” The proposed 694-mile, 700,000 barrels per day proposed Transcanada Keystone XL northern half also runs to Cushing from Alberta, Canada and requires U.S. State Department approval, along with President Barack Obama's approval. 

Because Flanagan South is not a border-crossing line, it doesn't require the State Department or Obama's approval. If Keystone XL's northern half's permit is denied, Flanagan South - along with Enbridge's proposal to expand its Alberta Clipper pipeline, approved by Obama's State Department during Congress' recess in August 2009 - would make up that half of the pipeline's capacity and then some. 

Fri, 2013-10-25 10:00Farron Cousins
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Climate Policy Already Headlining 2014 Midterm Elections

The U.S. may still be more than a year out from the 2014 midterm elections, but Republicans in Congress are already making the Obama administration’s climate policies a key issue for voters.

Republican Representative Ed Whitfield from Kentucky announced this week that he intends to make the President’s climate change policies, specifically stricter standards on coal-fired power plants, a top talking point during the coming campaign season.  Whitfield also announced that he would introduce legislation to weaken the Environmental Protection Agency’s ability to regulate coal plant emissions.

The Hill quotes Whitfield as saying, “We are going to mark this legislation up, we are going to get it to the floor, we want to get it over to the Senate, and we want those senators running next year to have to have a discussion with whoever their opponent may be about the future of fossil fuel in America.”

Whitfield wants to force the issue of “restrictive” climate policy onto Democrats who are running in conservative areas of the country, with an emphasis on those running in areas that are entrenched with the dirty energy industry, like his home state of Kentucky, along with West Virginia and the Carolinas.

Representative Whitfield has long been a mouthpiece for the dirty energy industry during his tenure as the Chairman of the House Subcommittee on Energy and Power; a position that has earned him more than $900,000 in campaign donations from the oil, coal, and gas industries.

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