Biggest Concerns Still Unanswered in Gov. Kasich’s Collusion With Fracking Industry
By Brian Kunkemoeller
Ohio’s Gov. John Kasich reversed his position on fracking public lands in response to public outcry about the events surrounding recently released information about the state’s collusion with the oil and gas industry to conduct a shady pro-fracking PR campaign. Last week, Gov. Kasich announced that he is opposed to drilling in state parks, but the biggest concerns are still unanswered as a cloud of controversy still lingers.
In 2011, we watched as a state legislature seemingly smitten by the industry passed legislation opening public lands to fracking with handshakes and applause, despite polls showing that 70 percent of Ohioans were opposed. Ohio Sierra Club members and others had risen to the occasion by writing letters and giving testimony, but the Governor signed the bill into law, which at that time seemed to seal the fate for Ohio’s public lands.
In 2012, the Ohio Sierra Club filed the first of many open records requests to the Ohio Department of Natural Resources (ODNR) looking for e-mails between the agency and the industry and how the language of the public lands fracking bill was written. The agency didn’t respond, forcing our first lawsuit (and not our last) simply to obtain public records from the ODNR. One of the things we discovered in those e-mails was that the Ohio Oil and Gas Association had been one of a select few invited to make edits to the legislation as the bill was making its way into state law.
Late last year, amid silence from the administration on the status of opening public lands to horizontal fracking, Ohio Sierra Club filed another public request under Ohio records law. It was this request that yielded the now-famous collusion document as well as the e-mail invite from the Governor’s office that named several targets, including Robert F. Hagan (D-Youngstown), in what the state representative has since coined “frackgate.”
Stories about this will be written and re-written, as the depth of this story is only beginning to be seen. How far down the rabbit-hole the state administration has gone will always be a topic of speculation. Unless, of course, there is an investigation.
Ohio's PR Agenda
There is no question that ODNR is actively silencing and opposing Ohioans concerned about fracking. This is the same agency who recently ignored repeated requests by the citizens of Athens and county commissioners alike who were simply asking for a public hearing about proposed fracking waste disposal wells. The ODNR met citizens in Portage County with armed guards and dogs, giving a brief lecture about the history of oil and gas in Ohio and refusing to answer questions about the wells in question.
Most disturbing, citizens in Darke County (hometown of Director James Zehringer) held expert panel events about fracking, only to have handouts made by ODNR staff discrediting their information delivered to and distributed by the County Commissioners office. Ohio Rep. Jim Buchy (R-Greenville) even made a website that features videos of the ODNR staff discrediting the citizens' concerns alongside Energy In Depth—the industry's new pet PR firm.
How are public funds being used for these purposes? How much state officials' staff time is being used to do PR, and by whom? What is the agency's relationship with Halliburton, America's Natural Gas Association and JobsOhio? When did the ODNR start working with Energy In Depth and what is their relationship?
Where does our state regulatory agency end, and the fracking industry they regulate begin?
State Reps. Hagan and Nickie J. Antonio (D-Lakewood) submitted a letter to Ohio House Speaker William Batchelder requesting legislative hearings and an investigation in to the ODNR's agenda. If House Speaker Batchelder denies these requests, Ohioans will be forced to draw their own conclusions about whether or not the oil and gas industry has infiltrated the public process.
In fact, if there is no investigation, the public has every right to draw some very serious conclusions.
The governor made stunning comments when he announced his reversal. First, that he didn’t believe that the “regulatory framework was mature enough” for fracking in parks. Second, this is why he never appointed the five-member Oil and Gas Leasing Commission before the deadline to approve public lands leases. (About that public lands leasing commission—the nominations were made by the Ohio Oil and Gas Association themselves during an e-mail exchange with the ODNR)
These are two very interesting statements.
One: if the regulatory framework is in fact not mature enough, then he apparently perceives that fracking isn't safe enough for our public lands. The obvious question is: if it’s not safe enough for our public lands, is it safe enough for our communities? Does the governor agree that the ODNR seems incapable of regulating fracking and knows all too well about their sweetheart relationship with industry? Here's the take from Sierra Club President David Scott:
“It seems Governor Kasich is coming to his senses after being caught up in the ongoing ‘FrackGate’ scandal. The governor now admits that the ‘regulatory structure’ is not ‘mature’ enough to allow fracking in Ohio’s parks. We agree. But the Sierra Club and our 2.4 million members and supporters understand that what is too dangerous for our parks is too dangerous for other public lands or our backyards. And everyone will agree that public officials shouldn’t be colluding with the oil and gas industry to force fracking down our throats.”
Two: is this actually about the severance tax? A Columbus Dispatch article earlier this week quotes Tom Stewart vice president of the Ohio Oil and Gas Association, “We would never compromise our position on the severance tax to get concessions on state land.” So, what Stewart is saying is that he’s not going to sue the governor for not making the appointments he wanted for the Ohio Oil and Gas leasing commission because he would rather pass a tax bill that Ohio Oil and Gas Association admittedly wrote.
This is the real crux of the governor's position. It explains why he's holding off on making appointments to the leasing commission. It also explains why he left himself an out when he said he "holds the right to revisit" his opposition to fracking public lands. He's using Ohio's public lands as a bargaining chip.
Yes, it's indeed a dubious business to dance with the fracking industry. Disclaimer: severance taxes on extractive industries aren't necessarily a good thing.
So, what's all of this severance tax business about anyway? Well, it's actually really important and it's become a very serious problem for the governor, though no one seems to be talking about how FrackGate and the severance tax are very much connected (except for Tim Kovach).
While already fighting an uphill battle to show job growth from fracking is anywhere near par with projections—Kasich is being outright stifled in his efforts to draw even a modest tax on the industry and follow through on his promises for Ohioans to actually benefit from fracking. Disaster struck for Kasich when Speaker of the House William Batchelder soundly defeated the Governor's severance tax proposal that would have lowered income taxes for Ohioans and at least partially resolved significant questions about Ohio's budget. All of that despite the fact that the Governor's bill would have kept Ohio's fracking tax among the lowest in the nation.
Batchelder immediately came back with Ohio Oil and Gas Association's own trojan horse severance tax, that marginally increased the tax from 2 percent to 2.25 percent, but grants other tax subsidies which the Ohio Legislative Service Commission shows would amount to an $8.5 million dollar loss for the General Revenue Fund, including a $1.1 million dollar loss to the School District Property Tax Replacement Fund. If passed, Ohioans would lose out on any actual benefit from fracking, period. Kasich is being just plain out-dueled by his radical counterparts in the statehouse and their friends at the Ohio Oil and Gas Association.
Oddly, the governor might be in a ripe position to fight back. A moratorium on drilling and a full investigation of ODNR's relationship with industry would certainly get their attention.
One thing is for certain—FrackGate has Ohio on notice, and the people are watching.
Visit EcoWatch’s FRACKING page for more related news on this topic.
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By Philip James
As the days shorten and temperatures drop in the northern hemisphere, leaves begin to turn. We can enjoy glorious autumnal colors while the leaves are still on the trees and, later, kicking through a red, brown and gold carpet when out walking.
Reaching the Limit<p>The researchers, led by Deborah Zani at the Swiss Federal Institute of Technology, studied the degree to which the timing of color changes in autumn tree leaves was determined by the growth of the plant in the preceding spring and summer.</p><p>Temperature and day length were traditionally accepted as the main determinants of when leaves changed color and fell, leading <a href="http://max2.ese.u-psud.fr/publications/Delpierre_2009_AFM.pdf" target="_blank" rel="noopener noreferrer">some scientists</a> to assume that warming temperatures would delay this process until later in the season. Studying deciduous European tree species, including horse chestnut, silver birch and English oak, the authors of the new study recorded how much carbon each tree absorbed per season and how that ultimately affected when the leaves fell.</p><p>Using data from the <a href="https://www.researchgate.net/profile/Barbara_Templ/publication/323254030_Pan_European_Phenological_database_PEP725_a_single_point_of_access_for_European_data/links/5a8bf0dba6fdcc6b1a442ef2/Pan-European-Phenological-database-PEP725-a-single-point-of-access-for-European-data.pdf" target="_blank" rel="noopener noreferrer">Pan European Phenology Project</a>, which has tracked some trees for as long as 65 years, the researchers found in their long-term observational study that as the rate of photosynthesis increased, leaves changed color and fell earlier in the year. For every 10% increase in photosynthetic activity over the spring and summer growing season, trees shed their leaves, on average, eight days earlier.</p><p>Climate-controlled experiments on five-year-old European beech and Japanese meadowsweet trees suggest what could be behind this unexpected result. In these trials, the trees were exposed to full sun, half shade or full shade. The results show that there is a limit to the amount of photosynthesis that a tree can carry out over a growing season. Think of it like filling a bucket with water. It can be done slowly or quickly, but once the bucket is full, there is nowhere for any more water to go.</p>
Earlier Autumn Colors<p>In a world with increasing levels of <a href="https://public.wmo.int/en/media/press-release/carbon-dioxide-levels-continue-record-levels-despite-covid-19-lockdown#:%7E:text=The%20annual%20globally%20averaged%20level,per%20million%20benchmark%20in%202015." target="_blank" rel="noopener noreferrer">carbon in the atmosphere</a>, these new findings imply that warmer weather and longer growing seasons will not allow temperate deciduous trees to take up more carbon dioxide. The study's predictive model suggests that by 2100, when tree growing seasons are expected to be between 22 and 34 days longer, leaves will fall from trees between three and six days earlier than they do now.</p><p>This has significant implications for climate change modeling. If we accept that the amount of carbon taken up by deciduous trees in temperature countries like the UK will remain the same each year regardless of the growing season, carbon dioxide levels will rise more quickly than was previously expected. The only way to change this will be to increase the capacity of trees to absorb carbon.</p><p>Plants that aren't limited by the amount of nitrogen available may be able to grow for longer in the warming climate. These are the trees which can take nitrogen from the air, such as <a href="https://www.woodlandtrust.org.uk/trees-woods-and-wildlife/british-trees/a-z-of-british-trees/alder/" target="_blank">alder</a>. But these species will still lose their leaves at roughly the same time as always, thanks to less daylight and colder temperatures.</p><p>But on the upside, with the prospect of some trees losing their leaves earlier and others losing them at the time they do now, there might be the prospect of prolonged autumnal colors – and more time for us to kick through the leaves.</p>
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By Kang-Chun Cheng
Modoc County lies in the far northeast corner of California, and most of its 10,000 residents rely on cattle herding, logging, or government jobs for employment. Rodeos and 4-H programs fill most families' calendars; massive belt buckles, blue jeans, and cowboy hats are common attire. Modoc's niche brand of American individualism stems from a free-spirited cowboy culture that imbues the local ranching conflict with wild horses.
The History of Horse Management<p>Before the 1950s, feral horses were largely unregulated in the U.S. They were released, grazed, captured, killed, sold, and otherwise <a href="http://www.blm.gov/sites/blm.gov/files/WHB-Report-2020-NewCover-051920-508.pdf" target="_blank" rel="noopener noreferrer">managed by local inhabitants</a> as they saw fit. Around that time, Velma Bronn Johnston, aka "Wild Horse Annie," started raising public awareness of the "perceived inhumane capture and treatment of free-ranging herds."</p><p>Thanks in part to Johnston's efforts, the Wild Free-Roaming Horses and Burros Act was signed into law by President Nixon in 1971. It declared that the animals "shall be protected from capture, branding, harassment, or death; and to accomplish this, they are to be considered in the area where presently found, as an integral part of the natural system of the public lands."</p><p><a href="http://science.sciencemag.org/content/341/6148/847.full" target="_blank" rel="noopener noreferrer">This act</a> has been amended four times since its conception to accommodate the fluctuating opinions and conditions around maintaining a "thriving natural ecological balance on the public lands"—an admirable although highly subjective goal. Achieving it involves juggling competing interests: those of local residents, permanent grazers, hunters and fishers, advocacy groups, conservationists, and Indigenous tribes.</p><p>The Bureau of Land Management must manage these many conflicting interests. Modoc County's <a href="https://www.fs.fed.us/wild-horse-burro/territories/DevilsGardenPlateau.shtml" target="_blank">Devil's Garden Plateau Wild Horse Territory</a> epitomizes the challenges of this task. Officially deemed wild horse territory, the garden consists of 258,000 acres and is wholly within permitted livestock allotments. It is also home to wildlife such as cougar, antelope, migratory birds, and aquatic species dependent on delicate high-desert riparian areas.</p><p>The presence of wild horses has been shown to <a href="https://www.sciencedirect.com/science/article/pii/S014019631530094X" target="_blank">decrease native wildlife species diversity</a> for both birds and mammals. Pronghorn antelope are an icon in Western grasslands, known for their annual 350-mile migration along historic routes estimated to be 5,800 years old. This awe-inspiring trek is one of the longest large-mammal migration corridors remaining in North America, but 75% of <a href="http://conbio.onlinelibrary.wiley.com/doi/abs/10.1111/j.1523-1739.2004.00548.x" target="_blank" rel="noopener noreferrer">pronghorn migration routes</a> have already been lost because of disturbances from the accelerated leasing of public lands and energy development. Horses also affect the pronghorn's yearly migrations by <a href="http://www.sciencedirect.com/science/article/pii/S014019631630218X" target="_blank" rel="noopener noreferrer">monopolizing watering holes</a>, thus preventing native species from drinking.</p>
Indigenous Support for Ecological Balance<p>Ken Sandusky, a public information officer who has worked for the Forest Service in Modoc County for 13 years, lives by his station's mission statement: "Caring for the Land and Serving People." In his work, Sandusky aims to include the broad range of stakeholders and often acts as a tribal liaison. Sandusky himself is a member of the Choctaw tribe of Oklahoma, but as a Modoc native, is more culturally in touch with the local Klamath tribe.</p><p>When it comes to rangeland health, he says, there's a tangible split in what that actually means. "It depends on what you are measuring the outcome against," Sandusky explains. Range managers may perceive progress from a year-to-year basis, but to many Indigenous tribes, the baseline for "progress" goes back generations, to pre-contact times. "They have long memories," he says. "Tribes see damage that is a hundred-plus years in the making."</p>
A Willingness to Try New Things<p>"Americans don't know what's happening on these lands," says Suzanne Roy, the executive director of the American Wild Horse Campaign, an advocacy organization. The Bureau of Land Management, she says, "is run by and for the livestock industry. They come from a ranching background. The term 'rangeland' management itself illustrates how livestock management is the dominant perspective."</p><p>Roy is particularly concerned about how resources are being allocated: "Policies of land management agencies don't reflect the desires and interests of the public." To illustrate, most Americans associate public lands with national parks and environmental conservation; only 29% of respondents to a recent poll considered livestock grazing an acceptable use of those lands.</p><p>Grazing on public lands certainly aligns with the financial interests of cattle ranchers and helps explain why they insist on increased wild horse management. Cattle can <a href="http://fas.org/sgp/crs/misc/RS21232.pdf" target="_blank">graze on public lands</a> for $1.35 per animal per month, while grazing on comparable private land costs ranchers $23 per animal per month (American taxpayer dollars make up the difference). To be fair, though, small-scale ranching would not be viable without public lands.</p><p>The campaign hopes to work toward more equitable resource allocation and improvements to overall habitats for horses and wildlife generally. "There are workable solutions to this issue," Roy says. "Common pushback from rangers is that new conservation strategies will 'destroy our way of life,' but change doesn't have to be bad."</p><p>The <a href="https://www.sciencedirect.com/science/article/abs/pii/0362331994900264" target="_blank">social conservatism</a> intrinsic to human cultures makes change seem daunting and people reluctant to try new tactics even in the face of suboptimal systems. Roy uses a case in adjacent Marin County to illustrate: Until 2001, the county ran a USDA program focused on killing apex predators (e.g. coyotes, mountain lions, and cougars) in defense of livestock. Unfortunately, this strategy fails to take into account the science of predators. Killing one mountain lion, for example, creates a vacuum and will eventually lead to increased competition for this newly available territory. In 2001, Marin introduced a country-run program that promoted nonlethal methods such as fox lights, guard dogs, and fladry to deal with predator incidents while compensating ranchers for sheep and lambs lost to predation.</p><p>Ranchers were initially livid, concerned that bans on shooting and trapping hindered their rights, making them defenseless against livestock predation. But 15 years later, a majority agreed that this form of humane <a href="http://www.projectcoyote.org/wp-content/uploads/2016/10/Camilla-Fox-Thesis-FINAL-January-2008.pdf" target="_blank" rel="noopener noreferrer">adaptive management </a>has successfully reduced both livestock losses and the total number of predators. Ensuring its continued success, the program requires active participation on behalf of all stakeholders and long-term commitment from the local government for support.</p><p>As one fifth-generation sheepherder, Gowan Batiste, explained in an interview to the <a href="https://www.msn.com/en-us/news/us/mendocino-county-rancher-and-others-calling-for-non-lethal-wildlife-management/ar-BB16CJ8g" target="_blank" rel="noopener noreferrer">Ukiah Daily Journal,</a> "Livestock is a food of desperation for predators; the more you harass them and make life difficult for them, the more likely they are going to come into conflict with humans."</p>
Keeping Wild Horses in Check<p>When it comes to wild horses, many solutions are already in the works. Through annual autumn wild horse roundups, known as gathers, the Double Devil Wild Horse Corrals has become one of the U.S.'s most successful adoption sites. The California Cattlemen's Association, a nonprofit trade association and organization popular among ranchers in Modoc, urges its members to support the wild horse gathers in Devils Garden, saying they are humane, good for the horses themselves (since competition for scarce water and forage resources may instigate aggression and <a href="https://onlinelibrary.wiley.com/doi/epdf/10.1111/j.1439-0310.1981.tb01930.x" target="_blank" rel="noopener noreferrer">herd violence</a>), and necessary to support local ranchers and Modoc's agriculture-reliant economy.</p><p>Another popular solution for controlling wild horse populations is a fertility-control vaccine called PZP, given to female horses on the range <a href="https://www.youtube.com/watch?v=Ur7w3UPTCsk" target="_blank" rel="noopener noreferrer">using dart guns</a>. Mares are tracked on foot or with game cameras while drones are used to locate more elusive herds. The PZP vaccine has been endorsed by the American Wild Horse Campaign as the "<a href="https://americanwildhorsecampaign.org/fertility-control" target="_blank" rel="noopener noreferrer">most promising strategy</a>" for managing wild horses in their habitats and is also recommended by the National Academy of Sciences. Importantly, a dose of the vaccine only costs $30.</p><p>Lastly, land acquisition and <a href="https://americanwildhorsecampaign.org/equitable-share-resources" target="_blank">grazing lease buyouts</a> can promote equitable sharing of public lands and available forage. Acquiring key pieces of land adjacent to or within federally designated wild horse habitat areas can reduce conflicts over resource allocation.</p>
A Global Search for Solutions<p>Pastoralists all over the world face similar land-use conflicts, despite huge variations in climate and culture. The ongoing situation across rural California resonates with that of Fulani cattle herders in Niger and Sami reindeer herders in the Arctic.</p><p>Herders everywhere are accused of having too many animals or are perceived as selfish and irresponsible by their own communities. Overgrazing is certainly an issue, but it's not simply the number of animals that matters: The <a href="https://savory.global/holistic-management/" target="_blank">amount of time</a> animals spend in a certain area is critical to rangeland health. And in the context of such allegations, the ecological value of grazing is frequently omitted. Grazers, both wild and domestic, <a href="https://www.yesmagazine.org/issue/food-everyone/2019/02/04/restoring-the-range-can-beef-be-earth-friendly/" target="_blank" rel="noopener noreferrer">are key to regulating soil health and allowing for species diversity and coverage, </a>as well as efficient carbon sequestration.</p><p>Part of the problem in these heated grazing debates is that moderate viewpoints are drowned out by extremist agendas—those who prioritize wild horse populations at all costs and those who want all of the horses gone, period. "The majority of people don't really have strong views about the horses," Sandusky says. "But the ones who do can get really into it." These unwavering views make it difficult to find compromises that account for all stakeholders.</p><p>"There is no biological problem, merely a social one," says professor Nicholas Tyler, a pastoralism expert at the University of Tromsø in northern Norway. Tyler maintains that in the case of horses and cattle in the West, as with so many others, the so-called equilibria argument is specious and quasi-biological. "Certainly a lot of horses will influence the species composition," he says. "Remove the horses, things change. Add horses, things change again. There is nothing magical about that."</p><p>But Tyler takes it one step further: "There never was, is, or will be a balance. There are shifting equilibria, which is something quite different," he says. "It is up to the community to decide which state of that equilibrium it prefers."</p>
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9. Years of Living Dangerously (2014)<span style="display:block;position:relative;padding-top:56.25%;" class="rm-shortcode" data-rm-shortcode-id="585f966df408ae57e3e31747a6c0a66b"><iframe lazy-loadable="true" src="https://www.youtube.com/embed/juXzfwvVHZQ?rel=0" width="100%" height="auto" frameborder="0" scrolling="no" style="position:absolute;top:0;left:0;width:100%;height:100%;"></iframe></span><p>In this Emmy-winning documentary series, celebrity correspondents travel the world to interview experts and scientists on the climate crisis and its effects. But rather than focusing on its star power, the two-season series also shines a spotlight on ordinary people affected by the climate crisis and shows how we can save our world for future generations.</p>
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