Don’t Frack So Close to Me: Colorado to Vote on Drilling Distances From Homes and Schools

By Tara Opsal and Stephanie Malin
Coloradans will vote on a ballot initiative in November that requires new oil and gas projects to be set back at least 2,500 feet from occupied buildings. If approved, the measure—known as both Initiative 97 and Proposition 112—would mark a major change from their state's current limits: 500 feet from homes and 1,000 feet from schools.
As sociologists who have researched oil and gas drilling in the communities that host it for the past seven years, we think this measure would provide local governments and Coloradans more say over where drilling occurs and enhance the rights of those who live near these sites.
Fracking Boom
Domestic oil and gas production has soared over the past decade, leading the U.S. to become the top global producer of those fossil fuels.
Technological innovations, especially the hydraulic fracturing and horizontal drilling, commonly called fracking, have fueled this growth. So has federal deregulation.
Partly because fracking and related industrial processes often occurs close to homes, schools and other occupied buildings, the debate over Proposition 112 is contentious.
Opponents, especially those funded by industry groups, argue that stricter rules will mean less state tax revenue, job losses and weakened private property rights. Proponents express concerns about air pollution, earthquakes, water well contamination and explosions to explain why they want the public to have more sway.
But many state governments have tried to stymie the attempts of communities to gain this power. For example, Colorado's Supreme Court ruled in 2016 that local communities have no right to regulate where drilling occurs.
And industry-funded groups and the Colorado Farm Bureau, which represents farmers, ranchers and other agricultural interests, are countering this electoral effort to restrict drilling with their own measure. Known as Amendment 74, it would force any city or county government that limits drilling to compensate property owners if new setback rules were to lower property values or reduce revenue from fracking leases.
Regulations and Leasing
Members of the public and local governments have successfully challenged limits on local control over fracking in court before. For example, Pennsylvania's Supreme Court affirmed the power of communities to regulate the oil and gas industry locally when it ruled in 2016 that parts of a law known as Act 13 were unconstitutional.
In that instance, the court ruled against a provision that barred doctors from sharing information about possible toxic exposure if they were given access to industry information about the chemicals used in fracking. It also blocked the enforcement of a measure that allowed the use of eminent domain to site natural gas storage facilities.
But as far as we can tell, Colorado's ballot initiative marks the first time voters can potentially control the set-back distances of oil and gas facilities from rivers, homes, schools and other buildings in their communities.
Negotiating Terms
Regulating oil and gas leases on private land is hard partly because they are privately negotiated contracts between companies and landowners. To learn more about what happens during these negotiations, we interviewed more than 100 Coloradans and Pennsylvanians about their experiences negotiating these drilling leases.
In our recently published study, we found that these people feel inconvenienced at best. Most told us they felt exploited and mistreated due to the leasing experience despite having made money off of leasing their land or mineral rights.
Some scholars who look at how drilling affects local communities argue that this process empowers private property owners because they play a direct role in deciding the terms of these negotiations. And some of these folks can even get rich from fracking lease earnings.
Certainly, landowners—including some of the people we interviewed—have earned income from these contracts, though the amounts can vary from a few dollars to thousands of dollars per acre. But the overwhelming majority of the Pennsylvanians and Coloradans who met with us in their kitchen tables, backyards and farms described feeling disempowered when they signed fracking leases.
"I knew zip about gas production," explained a man who operates a small-scale dairy farm in northeastern Pennsylvania and we are calling "Anderson" to honor our promise of confidentiality. "We had no time, we either made a decision to do it or not do it."
During private negotiations, landmen—the company representatives who try to convince people to sell or lease their land and mineral rights—discouraged neighbors from teaming up to get a better deal or even talking with one another about the terms they're considering, interviewees told us.
In some situations, when residents negotiated for better-than-average lease terms, landmen made them sign nondisclosure agreements that legally forbade sharing information.
Same Land, Different Owners
Occasionally in Pennsylvania and almost always in Colorado, these fracked properties belong to two or more parties. One owns the surface and someone else possesses the rights to whatever minerals lie beneath it.
And, in Colorado, surface landowners are legally required to provide mineral owners access to their resources.
Many people we interviewed owned land but not the rights to the minerals below it. With limited power to stave off drilling in their backyards or on their farms, the surface rights owners we interviewed said they felt like "sitting ducks" and "unprotected." They told us that they saw attempting to keep an oil and gas company off their land as "futile."
"John," a farmer who lives south of Denver, tried to fight the placement of a pipeline that split his farm into two less usable pieces. When he tried to fight the pipeline placement, he told us, he overheard industry representatives speculating that they simply needed to outspend his opposition.
Mineral Rights
When the people we interviewed owned the mineral rights tied to their property but did not want to lease them, an energy company could pursue them through a state statute allowing a practice known as "forced pooling" in both Pennsylvania and Colorado.
It makes leasing mineral rights mandatory, leaving landowners with no way to say no when a company wants to frack their property.
We also heard about the personal costs participants experienced after they signed leases. Ranchers explained they lost productive pastureland. Other residents believed they became ill because of air pollution. And many farmers described lasting damage to idyllic homesteads.
Even when these factors violated their leases or laws governing oil and gas practices, nearly all lease signers we interviewed told us they had a hard time getting oil and gas operators with whom they'd signed leases to address any violations of those contracts.
To "Connor," a homesteader in southern Colorado, the negotiation process felt "like having a second job." At times," he told us, "it was absolutely overwhelming. I think we did absolutely everything we could as private citizens to try and mitigate the impacts and in the end, it was futile."
3,000 Wells Shut Down in Colorado After Fatal House Explosion https://t.co/1itEkcKDEX @EcoWatch— DeSmogBlog (@DeSmogBlog)1493337303.0
Reposted with permission from our media associate The Conversation.
By Ajit Niranjan
World leaders and businesses are not putting enough money into adapting to dangerous changes in the climate and must "urgently step up action," according to a report published Thursday by the United Nations Environment Program (UNEP).
Adaptation Has a Long Way to Go
<p>The Adaptation Gap Report, now in its 5th year, finds "huge gaps" between what world leaders agreed to do under the 2015 <a href="https://www.dw.com/en/5-years-paris-climate-agreement/a-55901139" target="_blank">Paris Agreement</a> and what they need to do to keep their citizens safe from climate change.</p><p>A review by the Global Adaptation Mapping Initiative of almost 1,700 examples of climate adaptation found that a third were in the early stages of implementation — and only 3% had reached the point of reducing risks.</p><p>Disasters like storms and droughts have grown stronger than they should be because people have warmed the planet by burning fossil fuels and chopping down rainforests. The world has heated by more than 1.1 degrees Celsius since the Industrial Revolution and is on track to warm by about 3°C by the end of the century.</p><p>If world leaders <a href="https://www.dw.com/en/climate-change-performance-index-how-far-have-we-come/a-55846406" target="_blank">deliver on recent pledges</a> to bring emissions to <a href="https://www.dw.com/en/joe-bidens-climate-pledges-are-they-realistic/a-56173821" target="_blank" rel="noopener noreferrer">net-zero</a> by the middle of the century, they could almost limit warming to 2°C. The target of the Paris Agreement, however, is to reach a target well below that — ideally 1.5°C. </p><p>There are two ways, scientists say, to lessen the pain that warming will bring: mitigating climate change by cutting carbon pollution and adapting to the hotter, less stable world it brings.</p>The Cost of Climate Adaptation
<p>About three-quarters of the world's countries have national plans to adapt to climate change, according to the report, but most lack the regulations, incentives and funding to make them work.</p><p>More than a decade ago, rich countries most responsible for climate change pledged to mobilize $100 billion a year by 2020 in climate finance for poorer countries. UNEP says it is "impossible to answer" whether that goal has been met, while an OECD study published in November found that between 2013 and 2018, the target sum had not once been achieved. Even in 2018, which recorded the highest level of contributions, rich countries were still $20 billion short.</p><p>The yearly adaptation costs for developing countries alone are estimated at $70 billion. This figure is expected to at least double by the end of the decade as temperatures rise, and will hit $280-500 billion by 2050, according to the report.</p><p>But failing to adapt is even more expensive.</p><p>When powerful storms like cyclones Fani and Bulbul struck South Asia, early-warning systems allowed governments to move millions of people out of danger at short notice. Storms of similar strength that have hit East Africa, like <a href="https://www.dw.com/en/zimbabwe-after-cyclone-idai-building-climate-friendly-practices/a-54251885" target="_blank">cyclones Idai</a> and Kenneth, have proved more deadly because fewer people were evacuated before disaster struck.</p><p>The Global Commission on Adaptation estimated in 2019 that a $1.8 trillion investment in early warning systems, buildings, agriculture, mangroves and water resources could reap $7.1 trillion in benefits from economic activity and avoided costs when disasters strike.</p>Exploring Nature-Based Solutions
<p>The report also highlights how restoring nature can protect people from climate change while benefiting local communities and ecology.</p><p><a href="https://www.dw.com/en/climate-fires-risk-climate-change-bushfires-australia-california-extreme-weather-firefighters/a-54817927" target="_blank">Wildfires</a>, for instance, could be made less punishing by restoring grasslands and regularly burning the land in controlled settings. Indigenous communities from Australia to Canada have done this for millennia in a way that encourages plant growth while reducing the risk of uncontrolled wildfires. Reforestation, meanwhile, can stop soil erosion and flooding during heavy rainfall while trapping carbon and protecting wildlife.</p><p>In countries like Brazil and Malaysia, governments could better protect coastal homes from floods and storms by restoring <a href="https://www.dw.com/en/mudflats-mangroves-and-marshes-the-great-coastal-protectors/a-50628747" target="_blank" rel="noopener noreferrer">mangroves</a> — tangled trees that grow in tropical swamps. As well as anchoring sediments and absorbing the crash of waves, mangroves can store carbon, help fish populations grow and boost local economies through tourism. </p><p>While nature-based solutions are often cheaper than building hard infrastructure, their funding makes up a "tiny fraction" of adaptation finance, the report authors wrote. An analysis of four global climate funds that spent $94 billion on adaptation projects found that just $12 billion went to nature-based solutions and little of this was spent implementing projects on the ground.</p><p>But little is known about their long-term effectiveness. At higher temperatures, the effects of climate change may be so great that they overwhelm natural defenses like mangroves.</p><p>By 2050, <a href="https://www.dw.com/en/rising-sea-levels-should-we-let-the-ocean-in-a-50704953/a-50704953" target="_blank">coastal floods</a> that used to hit once a century will strike many cities every year, according to a 2019 report on oceans by the Intergovernmental Panel on Climate Change (IPCC), the gold standard on climate science. This could force dense cities on low-lying coasts to build higher sea walls, like in Indonesia and South Korea, or evacuate entire communities from sinking islands, like in Fiji.</p><p>It's not a case of replacing infrastructure, said Matthias Garschagen, a geographer at Ludwig Maximilian University in Germany and IPCC author, who was not involved in the UNEP report. "The case for nature-based solutions is often misinterpreted as a battle... but they're part of a toolkit that we've ignored for too long."</p>- Beavers Could Help in Adapting to Climate Change - EcoWatch ›
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By Jill Joyce
Maybe you're trying to eat healthier these days, aiming to get enough of the good stuff and limit the less-good stuff. You're paying attention to things like fiber and fat and vitamins … and anti-nutrients?
What Are Anti-Nutrients?
<p><a href="https://www.hsph.harvard.edu/nutritionsource/anti-nutrients/" target="_blank" rel="noopener noreferrer">Anti-nutrients are substances</a> that naturally occur in plant and animal foods.</p><p>The name comes from how they function in your body once you eat them. They <a href="https://www.sciencedirect.com/topics/food-science/antinutrients" target="_blank">block or interfere with how your body</a> <a href="https://doi.org/10.1631/jzus.B0710640" target="_blank" rel="noopener noreferrer">absorbs other nutrients</a> out of your gut and into your bloodstream so you can then use them. Thus, anti-nutrients may decrease the amount of nutrients you actually get from your food. They most commonly interfere with the absorption of <a href="https://doi.org/10.1016/j.jand.2016.09.025" target="_blank" rel="noopener noreferrer">calcium, iron, potassium, magnesium and zinc</a>.</p><p>Plants evolved these <a href="https://www.todaysdietitian.com/newarchives/070111p54.shtml" target="_blank" rel="noopener noreferrer">compounds as a defensive mechanism</a> against insects, parasites, bacteria and fungi. For example, some anti-nutrients can cause a food to taste bitter; animals won't want to eat it, leaving the seed, for instance, to provide nourishment for future seedlings. Some anti-nutrients block the digestion of seeds that are eaten. The seeds disperse when they come out the other end in the animal's fecal matter and can go on to grow new plants. Both of these survival tactics help the plant species grow and spread.</p><p><span></span>In terms of foods that people eat, you'll most commonly find anti-nutrients naturally occurring in whole grains and legumes.</p>Time for an Image Makeover as Health Enhancers
<p>Despite sounding scary, studies show that anti-nutrients are not of concern unless consumed in <a href="https://doi.org/10.1016/j.jcs.2014.01.010" target="_blank">ultra, unrealistically high amounts</a> – and they have numerous health benefits.</p><p>Anti-nutrients are currently undergoing a change in image very similar to the one dietary fiber experienced. At one point, scientists thought dietary fiber was bad for people. Since fiber could bind to nutrients and pull them out of the digestive tract in poop, it seemed like something to avoid. To address this perceived issue, grain processing in the late 1800s removed fiber from foods.</p><p>But now scientists know that <a href="https://doi.org/10.1111/j.1753-4887.2009.00189.x" target="_blank">dietary fiber is incredibly important</a> and encourage its consumption. Eating plenty of fiber lowers the risks of obesity, high blood pressure, heart disease, stroke, diabetes and some gastrointestinal diseases.</p><p>In the same way, rather than something to avoid, many anti-nutrients are now considered health-promoting nutraceuticals and functional foods due to their numerous benefits. Here's an introduction to some of the most frequently eaten anti-nutrients that come with benefits:</p><ul><li><a href="https://doi.org/10.1089/109662004322984734" target="_blank" rel="noopener noreferrer">Saponins, common in legumes</a>, can boost the immune system, reduce risk of cancer, lower cholesterol, lower blood sugar response to foods, result in fewer cavities, reduce risk of kidney stones and combat blood clotting seen in heart attacks and strokes.</li><li><a href="https://doi.org/10.1016/j.jcs.2014.01.010" target="_blank" rel="noopener noreferrer">Lectins, found in cereal grains and legumes</a>, are associated with reduced risk of cardiovascular disease, diabetes, some cancers and becoming overweight or obese.</li><li><a href="https://doi.org/10.1080/10408699891274273" target="_blank" rel="noopener noreferrer">Tannins, commonly found in teas, coffees and processed meats and cheeses</a>, are antioxidants that can inhibit growth of bacteria, viruses, fungi and yeast and may decrease cholesterol levels and blood pressure.</li><li><a href="https://doi.org/10.1631/jzus.B0710640" target="_blank" rel="noopener noreferrer">Phytates, found in wheat, barley, rice and corn</a>, are associated with increased immune function and cancer cell death, as well as reduced cancer cell growth and spread. They also have antioxidant properties and can reduce inflammation.</li><li>Finally, <a href="https://doi.org/10.1024/0300-9831.72.1.26" target="_blank" rel="noopener noreferrer">glucosinates, found in brassica vegetables</a> like cauliflower, inhibit tumor cell growth.</li></ul><p>Oxalates are one of the few anti-nutrients with mostly negative impacts on the body. They are <a href="https://www.uofmhealth.org/health-library/aa166321" target="_blank" rel="noopener noreferrer">found in lots of common foods</a>, including legumes, beets, berries, cranberries, oranges, chocolate, tofu, wheat bran, soda, coffee, tea, beer, dark green vegetables and sweet potatoes. The negative impacts of oxalates include binding to calcium in the digestive tract and removing it from the body in bowel movements. Oxalates can also <a href="https://www.uofmhealth.org/health-library/aa166321" target="_blank" rel="noopener noreferrer">increase the risk of kidney stones</a> in some people.</p>Fitting Anti-Nutrients Into a Healthy Diet
<p>Overall, comparing the benefits to the drawbacks, anti-nutrient pros actually outweigh the cons. The healthy foods that contain them – mainly fruits, vegetables, whole grains and legumes – should be encouraged not avoided.</p><p>Anti-nutrients become a concern only if these foods are consumed in ultra-high amounts, <a href="https://www.ars.usda.gov/research/project/?accnNo=426312" target="_blank" rel="noopener noreferrer">which is very unlikely</a> for most adults and children in the U.S. Additionally, a large proportion of anti-nutrients are removed or lost from foods people eat <a href="https://www.hsph.harvard.edu/nutritionsource/anti-nutrients/" target="_blank" rel="noopener noreferrer">as they're processed and cooked</a>, especially if soaking, blanching, boiling or other high-heat processes are involved.</p><p>Vegetarians and vegans may be at higher risk of negative effects from anti-nutrients because their diet relies heavily on fruits, vegetables, whole grains and legumes. But these <a href="https://doi.org/10.1016/j.jand.2016.09.025" target="_blank" rel="noopener noreferrer">plant-based diets are still among the healthiest</a> and are associated with reduced risk of cardiovascular disease, obesity, diabetes and numerous types of cancers.</p><p>Vegetarians and vegans can take a few steps to help counteract anti-nutrients' effects on their absorption of particular nutrients:</p><ul><li>Pair high iron <a href="https://doi.org/10.1093/jn/130.5.1378S" target="_blank" rel="noopener noreferrer">and zinc</a> <a href="https://doi.org/10.1016/bs.afnr.2014.11.003" target="_blank" rel="noopener noreferrer">foods with</a> <a href="https://doi.org/10.1093/ajcn/59.5.1233S" target="_blank" rel="noopener noreferrer">foods high in vitamin C</a> (examples: meatballs with tomato sauce, tomato-based chili with beans).</li><li><a href="https://www.jblearning.com/catalog/productdetails/9780763779764?jblsearch" target="_blank" rel="noopener noreferrer">Soak legumes before cooking</a>.</li><li><a href="https://doi.org/10.1093/ajcn/70.3.543s" target="_blank" rel="noopener noreferrer">Time dairy intake</a> such that it is not always paired with high oxalate foods.</li><li>Purchase dairy products that are fortified with calcium.</li><li>Consider a multivitamin-mineral supplement with about 100% of the daily recommended dose of nutrients (check the nutrition facts panel) as nutrition insurance if you are worried, but be sure to talk to your doctor first.<em></em></li></ul><p><em><a href="https://theconversation.com/profiles/jill-joyce-1172925" target="_blank" rel="noopener noreferrer">Jill Joyce</a> is an assistant professor of Public Health Nutrition at Oklahoma State University.</em></p><p><em>Disclosure statement: Jill Joyce does not work for, consult, own shares in or receive funding from any company or organization that would benefit from this article, and has disclosed no relevant affiliations beyond their academic appointment.</em></p><p><em>Reposted with permission from <a href="https://theconversation.com/anti-nutrients-theyre-part-of-a-normal-diet-and-not-as-scary-as-they-sound-149229" target="_blank" rel="noopener noreferrer">The Conversation</a>.</em></p>- Good Nutrition Can Help Keep COVID-19 and Other Diseases Away ... ›
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