FRACKING PUBLIC LANDS: Is the BLM Bowing to Industry Pressure on New Fracking Rules?

Natural Resources Defense Council
Last year the Bureau of Land Management (BLM) issued a draft rule for well stimulation (including hydraulic fracturing) under federal leases. The original proposal included limited new rules for chemical disclosure, mechanical integrity and waste water handling.
After it received extensive public comment, the BLM announced it would be going back to the drawing board and developing a new draft for public comment. This new draft was recently leaked to the press. If it’s legitimate, it appears that the BLM has further weakened what was an already weak rule.
The leaked draft contains a number of troubling revisions:
- Replacement of the term “well stimulation” with “hydraulic fracturing.” Proposed rules in the previous version applied to “well stimulation” operations, which included hydraulic fracturing and other techniques like “acidizing,” where the industry injects large quantities of acid down a well. The new version only covers hydraulic fracturing.
- Why do we care? Acidizing can present some of the same risks as hydraulic fracturing and should be regulated similarly. Operators in the Monterey Shale in CA, for example, have experimented with massive acidizing jobs using an extremely hazardous acid called hydrofluoric acid.[i] This activity wouldn’t be regulated under the revised rules.
- The results of tools that are used to tell how effectively drinking water is isolated, called cement evaluation logs, don’t have to be submitted until after hydraulic fracturing is performed. Also, the results from one well can be used as a proxy for multiple wells. Under the previous version, operators would have had to submit unique results for each well before fracturing in order to get approval to frack.
- Why do we care? The whole point of cement evaluation logs is to ensure drinking water is protected before fracturing begins. If drinking water isn’t properly isolated, the well needs to be fixed before fracturing, but the BLM may not know if there’s a problem until after fracturing has happened—or they may not know at all, if the results submitted are for a different well.
- In the previous version, operators had to submit unique information for each well to get permission to frack—things like the depth at which fracturing will occur, where the water used for fracturing will come from, how much water, how far the fractures are expected to grow, etc. In the revised version, they can submit one packet of generic information and get multiple permits.
- Why do we care? Each fracturing operation is unique and regulators can’t determine if the design is safe and appropriate using generic information.
- See a blog from my colleague, Matt McFeeley, on how the BLM is gutting chemical disclosure requirements.
Furthermore, it appears that the BLM is also failing to make any additional improvements recommended by the Natural Resources Defense Council and a coalition of other environmental groups. These improvements are necessary to address the full range of environmental and human health risks associated with well stimulation, and include things like setbacks, baseline water testing, and well construction.
Time will tell whether these leaked rules are legitimate. Will the BLM give the industry yet another lollipop to appease their latest temper tantrum or will they fulfill their responsibility to protect our shared public lands?
Visit EcoWatch’s FRACKING page for more related news on this topic.
[i] Rowe, Greg, R. Hurkmans, and Norman Jones. "Unlocking the Monterey Shale Potential at Elk Hills: A Case Study." Paper SPE 86993 presented at the SPE International Thermal Operations and Heavy oil Symposium and Western Regional Meeting, Bakersfield, California. 2004.
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Click here to sign a petition to tell the Bureau of Land Management to issue strong rules for federal fracking leases on public lands.
Fixing Abandoned Oil and Gas Wells Could Provide Jobs in Central Appalachia, New Report Finds
Plugging and capping abandoned and orphaned oil and gas wells in Central Appalachia could generate thousands of jobs for the workers and region who stand to lose the most from the industry's inexorable decline.
According to a new report from the Ohio River Valley Institute, just four states (Ohio, West Virginia, Pennsylvania, and Kentucky) account for at least 538,000 unplugged abandoned oil and gas wells, though that number is almost certainly low.
The first oil well in the U.S. was drilled in Pennsylvania before the Civil War and the timeline of the region's oil and gas production contributes to its disproportionate number of orphaned wells.
Among other toxic pollution released from orphaned wells, Central Appalachian wells dumped 71,000 metric tons of methane — an extremely potent heat trapping gas — into the atmosphere every year.
The report comes as the Biden administration works to allay worries in a region still tied to the fossil fuel industry.
President Biden's infrastructure plan includes $16 billion for plugging and remediating orphaned oil and gas wells and abandoned mines.
For a deeper dive:
Orphaned Wells: Earther, Charleston Gazette-Mail, West Virginia Public Broadcasting, Allegheny Front; Transition: Politico
For more climate change and clean energy news, you can follow Climate Nexus on Twitter and Facebook, sign up for daily Hot News, and visit their news site, Nexus Media News.
Spare Yourself the Guilt Trip This Earth Day – It’s Companies That Need to Clean Up Their Acts
By Courtney Lindwall
Coined in the 1970s, the classic Earth Day mantra "Reduce, Reuse, Recycle" has encouraged consumers to take stock of the materials they buy, use, and often quickly pitch — all in the name of curbing pollution and saving the earth's resources. Most of us listened, or lord knows we tried. We've carried totes and refused straws and dutifully rinsed yogurt cartons before placing them in the appropriately marked bins. And yet, nearly half a century later, the United States still produces more than 35 million tons of plastic annually, and sends more and more of it into our oceans, lakes, soils, and bodies.
Clearly, something isn't working, but as a consumer, I'm sick of the weight of those millions of tons of trash falling squarely on consumers' shoulders. While I'll continue to do my part, it's high time that the companies profiting from all this waste also step up and help us deal with their ever-growing footprint on our planet.
An investigation last year by NPR and PBS confirmed that polluting industries have long relied on recycling as a greenwashing scapegoat. If the public came to view recycling as a panacea for sky-high plastic consumption, manufacturers—as well as the oil and gas companies that sell the raw materials that make up plastics—bet they could continue deluging the market with their products.
There are currently no laws that require manufacturers to help pay for expensive recycling programs or make the process easier, but a promising trend is emerging. Earlier this year, New York legislators Todd Kaminsky and Steven Englebright proposed a bill—the "Extended Producer Responsibility Act"—that would make manufacturers in the state responsible for the disposal of their products.
Other laws exist in some states for hazardous wastes, such as electronics, car batteries, paint, and pesticide containers. Paint manufacturers in nearly a dozen states, for example, must manage easy-access recycling drop-off sites for leftover paint. Those laws have so far kept more than 16 million gallons of paint from contaminating the environment. But for the first time, manufacturers could soon be on the hook for much broader categories of trash—including everyday paper, metal, glass, and plastic packaging—by paying fees to the municipalities that run waste management systems. In addition to New York, the states of California, Washington, and Colorado also currently have such bills in the works.
"The New York bill would be a foundation on which a modern, more sustainable waste management system could be built," says NRDC waste expert Eric Goldstein.
In New York City alone, the proposed legislation would cover an estimated 50 percent of the municipal waste stream. Importantly, it would funnel millions of dollars into the state's beleaguered recycling programs. This would free up funds to hire more workers and modernize sorting equipment while also allowing cities to re-allocate their previous recycling budgets toward other important services, such as education, public parks, and mass transit.
The bills aren't about playing the blame game—they are necessary. Unsurprisingly, Americans still produce far more trash than anyone else in the world, clocking in at an average of nearly 5 pounds per person, every day—clogging landfills and waterways, harming wildlife, contributing to the climate crisis, and blighting communities. As of now, a mere 8 percent of the plastic we buy gets recycled, and at least six times more of our plastic waste ends up in an incinerator than gets reused.
It's easy to see why. Current recycling rules vary widely depending on where you live—and they're notoriously confusing. Contrary to what many of us have been told, proper recycling requires more than simply looking for that green-arrowed triangle, a label that may tell you what a product is made out of and that it is recyclable in theory, but not whether that material can be recycled in your town—or anywhere at all. About 90 percent of all plastic can't be recycled, often because it's either logistically difficult to sort or there's no market for it to be sold.
That recycling marketplace is also ever changing. When China, which was importing about a third of our country's recyclable plastic, started refusing our (usually contaminated) waste streams in 2018, demand for recyclables tanked. This led to cities as big as Philadelphia and towns as small as Hancock, Maine, to send even their well-sorted recyclables to landfills. Municipalities now had to either foot big bills to pick up recyclables they once sold for a profit or shutter recycling services altogether.
According to Goldstein, New York's bill has a good shot of passing this spring—and it already has the support of some companies that see the writing on the wall, or as the New York Times puts it, "the glimmer of a cultural reset, a shift in how Americans view corporate and individual responsibility." If the bill does go through, New Yorkers could start to see changes to both local recycling programs and product packaging within a few years.
What makes these bills so groundbreaking isn't that they force manufacturers to pay for the messes they make, but that they could incentivize companies to make smarter, less wasteful choices in the first place.
New York's bill, for instance, could help reward more sustainable product design. A company might pay less of a fee if it reduces the total amount of waste of a product, sources a higher percentage of recycled material, or makes the end product more easily recyclable by, say, using only one type of plastic instead of three.
"Producers are in the best position to be responsible because they control the types and amounts of packaging, plastics, and paper products that are put into the marketplace," Goldstein says.
Bills like these embody the principles of a circular economy—that elusive North Star toward which all waste management policies should point. By encouraging companies to use more recycled materials, demand for recyclables goes up and the recycling industry itself is revitalized. What gets produced gets put back into the stream for reuse.
If widely adopted, we could significantly reduce our overall consumption and burden on the planet. With less paper used, more forests would stay intact—to continue to store carbon, filter air and water, and provide habitat for wildlife and sustenance for communities. With less plastic produced, less trash would clog oceans and contaminate ecosystems and food supplies. In turn, we'd give fossil fuels even more reasons to stay in the ground, where they belong.
That would be my Earth Day dream come true—with little hand-wringing of fellow guilt-stricken individuals required.
Courtney Lindwall is a writer and editor in NRDC's Communications department. Prior to NRDC, she worked in publishing and taught writing to New York City public school students. Lindwall has a bachelor's degree in journalism from the University of Florida. She is based in the New York office.
- 3 New Films to Watch This Earth Week - EcoWatch ›
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By Alexandria Villaseñor
This story is part of Covering Climate Now, a global journalism collaboration strengthening coverage of the climate story.
My journey to becoming an activist began in late 2018. During a trip to California to visit family, the Camp Fire broke out. At the time, it was the most devastating and destructive wildfire in California history. Thousands of acres and structures burned, and many lives were lost. Since then, California's wildfires have accelerated: This past year, we saw the first-ever "gigafire," and by the end of 2020, more than four million acres had burned.
After experiencing California's wildfires, I researched the connection between wildfires and climate change. Even though I was only 13 at the time, I realized I needed to do everything in my power to advocate for our planet and ensure that we have a safe and habitable Earth for not only my generation's future, but for future generations. Every day, our planet is increasing its calls for our help. Our ice caps are melting; sea levels are rising; heatwaves and droughts are increasing. We're seeing more frequent wildfires, hurricanes, tornadoes, and other extreme weather events. Climate change is happening right now, and people all over the world are losing their livelihoods — and even their lives — as a result of the growing number of climate-fueled disasters.
My activism started with the youth climate strike movement, which began when Greta Thunberg started striking in front of the Swedish Parliament in 2018. However, I want to acknowledge that young people, especially youth of color, have been protesting and demanding action for the planet for decades. I'm honored to follow in the footsteps of all the youth activists who paved the way for my activism and for the phenomenal growth of the youth climate movement that we have seen since 2018.
My experiences in the youth climate movement have allowed me to see that one of the greatest barriers we have to urgent climate action is education. Because of the lack of climate education around the world, I founded Earth Uprising International to help young people educate one another on the climate crisis, which ultimately has the effect of empowering young people to take direct action for their futures.
The primary mission of Earth Uprising International is increased climate and civics education for youth. Climate literacy and environmental education are the first steps to mobilizing our generations. By adding climate literacy to curricula worldwide, governments can ensure young people leave school with the skills and environmental knowledge needed to be engaged citizens in their communities. A climate-educated and environmentally literate global public is more likely to take part in the green jobs revolution, make more sustainable consumer choices, and hold world leaders accountable for their climate action commitments. Youth who have been educated about the climate crisis will lead the way in adaptation, mitigation, and solution making. Youth will be the ones who will protect democracy and freedom, advocate for climate and environmental migrants, and create the political will necessary to address climate change at the scale of the crisis.
So this year, for Earth Week, I am thrilled to be organizing a global youth climate summit called "Youth Speaks: Our Message to World Leaders," on April 20. Together, in collaboration with EARTHDAY.ORG and hundreds of youth climate activists around the world, the summit will address our main issues of concern, including climate literacy, biodiversity protection, sustainable agriculture, the creation of green jobs, civic skill training, environmental justice, environmental migration and borders, the protection of democracy and free speech, governmental policy making, and political will.
From this summit, youth climate activists from all over the world will be creating a concise list of demands that we want addressed at President Biden's World Leaders Summit, occurring on Earth Day, April 22. We believe that youth must inform and inspire these critical conversations about climate change that will impact all of us!
For more information about our global youth climate summit, "Youth Speaks: Our Message to World Leaders," go to www.EarthUprising.org/YouthSpeaks2021. There, you will find information about how to participate in our summit as well as be kept up to date on the latest agenda, participants, and follow along as we develop our demands and platform.
The youth will continue to make noise and necessary trouble. There is so much left to be done.
This story originally appeared in Teen Vogue and is republished here as part of Covering Climate Now, a global journalism collaboration strengthening coverage of the climate story.
'Watershed Moment' as Haaland Revokes Trump-Era Orders, Creates Climate Task Force
By Jessica Corbett
As the Biden administration reviews the U.S. government's federal fossil fuels program and faces pressure to block any new dirty energy development, Interior Secretary Deb Haaland won praise from environmentalists on Friday for issuing a pair of climate-related secretarial orders.
"Today is a watershed moment in the history of the U.S. Department of the Interior," declared Jeremy Nichols, climate and energy program director for WildEarth Guardians. "With Secretary Haaland's actions today, it's clear the Interior Department is now working for communities, science, and justice. We are grateful for her leadership and bold action to put people over polluters."
"Today's orders make certain that the Interior Department is no longer going to serve as a rubber-stamp for the coal and oil and gas industries," said Nichols. "Secretary Haaland's actions set the stage for deep reforms within the Interior Department to ensure the federal government gets out of the business of fossil fuels and into the business of confronting the climate crisis."
BREAKING: Interior Secretary Deb Haalaned just repealed Trump-era policies that prioritized Big Oil execs above com… https://t.co/m1d2uolRWV— Friends of the Earth (Action) (@Friends of the Earth (Action))1618595500.0
Secretarial Order 3398 rescinds a dozen orders issued under the Trump administration which an Interior statement collectively described as "inconsistent with the department's commitment to protect public health; conserve land, water, and wildlife; and elevate science."
Specifically, she revoked: S.O. 3348; S.O. 3349; SO 3350; S.O. 3351; SO 3352; S.O. 3354; S.O. 3355; S.O. 3358; S.O. 3360; S.O. 3380; SO 3385; and SO 3389. Implemented throughout former President Donald Trump's term, they related to "American energy independence," the National Petroleum Reserve – Alaska, and leasing and permitting for energy projects, among other topics. With the order, Haaland reinstated the federal moratorium on coal leasing.
Haaland's other measure, Secretarial Order 3399, establishes a departmental Climate Task Force that will identify policies needed to tackle the climate emergency, support the use of the best available science on greenhouse gas emissions, implement the review and reconsideration of federal gas and oil leasing and permitting practices, identify actions needed to "address current and historic environmental injustice" as well as "foster economic revitalization of, and investment in, energy communities," and work with state, tribe, and local governments.
The department also noted that "the solicitor's office issued a withdrawal of M-37062, an opinion that concluded that the Interior secretary must promulgate a National Outer Continental Shelf Oil and Gas Leasing Program consisting of a five-year lease schedule with at least two lease sales during the five-year plan," which allows DOI "to evaluate its obligations under the Outer Continental Shelf Lands Act."
Today, @SecHaaland revoked a dozen pro-Big Oil and anti-environment orders from the Trump administration. Little by… https://t.co/p0tHEciEct— Western Values Project (@Western Values Project)1618606421.0
Haaland — a former congresswoman and first-ever Native American Cabinet secretary whose confirmation was celebrated by climate campaigners, Indigenous leaders, and various progressive advocacy groups — said Friday that "from day one, President Biden was clear that we must take a whole-of-government approach to tackle the climate crisis, strengthen the economy, and address environmental justice."
"At the Department of the Interior, I believe we have a unique opportunity to make our communities more resilient to climate change and to help lead the transition to a clean energy economy, Haaland continued. "These steps will align the Interior Department with the president's priorities and better position the team to be a part of the climate solution."
"I know that signing secretarial orders alone won't address the urgency of the climate crisis. But I'm hopeful that these steps will help make clear that we, as a department, have a mandate to act," she added. "With the vast experience, talent, and ingenuity of our public servants at the Department of the Interior, I'm optimistic about what we can accomplish together to care for our natural resources for the benefit of current and future generations."
Haaland's orders were welcomed by environmental and climate groups as well as other critics of fossil fuel development on public lands and in federal waters.
Kristen Miller, conservation director at Alaska Wilderness League, said the orders "are another important step toward restoring scientific integrity, meaningful public process, and the longstanding stewardship responsibilities for America's public lands and waters at the Department of Interior. This is the type of bold and visionary leadership we need if we're to effectively fight climate change, tackle the extinction crisis, and prioritize environmental justice and tribal consultation."
"We applaud the secretary's actions to ensure meaningful consultation and elevate strong science, especially around climate change, into decision-making across the department," Miller added. "And we thank the secretary for reversing the Trump administration's energy dominance agenda in the Arctic Ocean and the National Petroleum Reserve – Alaska, and look forward to working with her on a different management direction for the western Arctic that focuses on addressing the climate crisis and protecting its extraordinary wildlife habitat, biodiversity, and cultural values."
Environment America public lands campaign director Ellen Montgomery said that "Haaland is building on President Biden's strong start by restoring conservation as a priority for the Department of the Interior. Our public lands and waters should be protected for the sake of the wildlife and people who depend on them. They should not be mined and drilled to extract fossil fuels — an antiquated 20th-century pursuit that pollutes our air and makes climate change worse."
"The Interior Department is in a powerful position to drive bold action for the climate in the United States," said Nichols of WildEarth Guardians. "Haaland's actions today confirm that President Biden and his administration are seizing the opportunity to rein in fossil fuels and make climate action and climate justice a reality."
"We can't have fossil fuels and a safe climate and today's orders take a major step forward in acknowledging and acting upon this reality," he said. "If we truly have any chance of protecting peoples' health, advancing economic prosperity, and achieving environmental justice, we have to start keeping our fossil fuels in the ground."
Reposted with permission from Common Dreams.
Next week marks the second Earth Day of the coronavirus pandemic. While a year of lockdowns and travel restrictions has limited our ability to explore the natural world and gather with others for its defense, it is still possible to experience the wonder and inspiration from the safety of your home.
Here are three new films to watch this Earth Week that will transport you from pole to pole and introduce you to the scientists and activists working to save our shared home.
1. The Year Earth Changed
Where to Watch: Apple TV+
When to Watch: From April 16
The coronavirus pandemic has brought home the stakes of humanity's impact on the environment. But the lockdowns also proved how quickly nature can recover when humans give it the space. Birds sang in empty cities, whales surfaced in Glacier Bay and capybara roamed the South American suburbs.
The Year Earth Changed captures this unique year with footage from more than 30 lockdowned cities between May 2020 to January 2021. Narrated by renowned wildlife broadcaster David Attenborough, the film explores what positive lessons we can take from the experience of a quieter, less trafficked world.
"What the film shows is that the natural world can bounce back remarkably quickly when we take a step back and reduce our impact as we did during lockdown," executive producer Alice Keens-Soper of BBC Studios Natural History Unit told EcoWatch. "If we are willing to make even small changes to our habits, the natural world can flourish. We need to learn how to co-exist with nature and understand that we are not separate from it- for example if we closed some of our beaches at for a few weeks during the turtle breeding we see that it can make a huge difference to their success. There are many ways that we can adapt our behavior to allow the natural world to thrive as it did in lockdown."
2. After Antarctica
Where to Watch: San Francisco International Film Festival
When to Watch: 12 a.m. PST April 9 to 11:59 p.m. April 18
In 1989, Will Steger led an international team of six scientists and explorers to be the first humans to cross Antarctica by dogsled. Steger and his team weren't just in it for the adventure. They also wanted to draw attention to the ways in which the climate crisis was already transforming the icy continent and to rally support for the renewal of the Antarctic Treaty, which would keep the continent safe from extractive industries.
In After Antarctica, award-winning filmmaker Tasha Van Zandt follows Steger 30 years later as he travels the Arctic this time, reflecting on his original journey and once again bringing awareness to changes in a polar landscape. The film intersperses this contemporary journey with footage from the original expedition, some of which has never been seen before.
"Will's life journey as an explorer and climate activist has led him not only to see more of the polar world than anyone else alive today, but to being an eyewitness to the changes occurring across both poles," Van Zandt told EcoWatch. "But now, these changes are happening in all of our own backyards and we have all become eyewitnesses. Through my journey with Will, I have learned that although we cannot always control change, we can change our response. I feel strongly that this is a message that resonates when we look at the current state of the world, as we each have power and control over how we choose to respond to hardships, and we all have the power to unite with others through collective action around a common goal."
After Antarctica is available to stream once you purchase a ticket to the San Francisco International Film Festival. If you miss it this weekend, it will screen again at the Minneapolis St. Paul International Film Festival from May 13 to May 23.
Tasha Van Zandt
3. The Race to Save the World
Where to Watch: Virtual Cinema
When to Watch: From Earth Day, April 22
While many films about the climate crisis seek to raise awareness about the extent of the problem, The Race to Save the World focuses on the people who are trying to stop it. The film tells the story of climate activists ranging from 15-year-old Aji to 72-year-old Miriam who are working to create a sustainable future. It follows them from the streets to the courtroom to their homes, and explores the impact of their advocacy on their personal lives and relationships.
Emmy award-winning documentary filmmaker Joe Gantz told EcoWatch that he wanted to make a film about climate change, but did not want to depress viewers with overwhelming statistics. Instead, he chose to inspire them by sharing the stories of people trying to make a difference.
"Unless millions of people take to the streets and make their voices heard for a livable future, the politicians are not going to get on board to help make the changes needed for a sustainable future," Gantz told Ecowatch. "I think that The Race To Save The World will energize and inspire people to take action so that future generations, as well as the plants, animals and ecosystems, can survive and thrive on this planet."
Check back with EcoWatch on the morning of Earth Day for a special preview of this inspiring film!
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