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Toxic Waste Will Continue to Grow for Decades Even if All U.S. Drilling and Fracking Halts Today, New Report Says
By Jessica Corbett
For more than three decades, the U.S. government has mismanaged toxic oil and gas waste containing carcinogens, heavy metals and radioactive materials, according to a new Earthworks report — and with the country on track to continue drilling and fracking for fossil fuels, the advocacy group warns of growing threats to the planet and public health.
By Tyler Rivlin and Leann Leiter
Allen Young and his family are surrounded. They can see three sizable natural gas plants–operated by Dominion and Energy Transfer Partners–without taking a step off their property. Over the past three years, these facilities have taken over the boomerang-shaped ridge less than a half-mile from the Young's home in Powhatan Point, Ohio.
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Judge William Orrick of the U.S. District Court for Northern California ruled Thursday that Bureau of Land Management's (BLM) decision to suspend core provisions of the 2016 Methane and Waste Prevention Rule was "untethered to evidence."
by Jessica Corbett
Despite protests from conservationists, local tribe leaders, Democratic lawmakers and even the United Nations' expert on Indigenous rights, at 6 a.m. on Friday the Trump administration will allow citizens and companies to start staking claims on sections of the Bears Ears and Grand Staircase-Escalante national monuments in Utah so the new stakeholders can conduct hard rock mining on the formerly protected lands.
A federal court ordered the Trump administration Wednesday to reinstate an Obama-era methane rule it stayed this summer—the same day the Interior Department made a different kind of legal attempt to further delay the rule's implementation.
The Bureau of Land Management stayed the regulations on oil and gas producers in June, following a failed vote in the Senate to repeal the rule under the Congressional Review Act. However, U.S. Magistrate Judge Elizabeth Laporte of California ruled this week that the administration had not offered sufficient reasoning for the stay, and ordered the rule to be reinstated immediately.
A new analysis of state and federal data shows 2.9 million children enrolled in schools and daycares across the country are threatened by oil and gas air pollution. Released by the national environmental group Earthworks, this new analysis is part of a larger update to The Oil & Gas Threat Map, a map-based suite of tools designed to inform and mobilize Americans about the health risks from the oil and gas industry's toxic air pollution.
The Obama-era U.S. Environmental Protection Agency (EPA) and Interior Department issued rules to limit this type of oil and gas pollution. The Trump administration is now trying to block and revoke these rules before they go into effect.
Three days before oral arguments are scheduled in the 10th Circuit Court of Appeals on Bureau of Land Management safety measures to regulate fracking operations on public lands, the U.S. Department of Interior is moving ahead with its plan to rescind the 2015 rule.
The rule, which was the product of nearly five years of agency work, expert input, public comments and hearings, never went into effect after it was challenged immediately by oil and gas industry trade associations. After a district court judge set aside the rule in 2016, BLM and citizen groups appealed to the 10th Circuit in late 2016.
In its announcement of the stay, the EPA acknowledged that the move may have a "disproportionate impact" on children's health, but reasoned that the temporary nature of the stay would ensure "limited" harm to children.
The Sierra Club and its allies sued the U.S. Environmental Protection Agency (EPA) administrator Scott Pruitt today for delaying crucial safeguards that reduce climate pollution, smog-forming compounds and air toxins from oil and gas facilities. This action represents the first lawsuit against the Trump administration for rolling back EPA climate standards.
Drilling has taken place on federal lands for years, with more than 100,000 wells in existence. In 2015, the Interior Dept. issued new standards aimed at making the process safer, including stricter and higher design standards for wells and waste fluid storage facilities to mitigate risks to air, water and wildlife. Companies would also be required to publicly disclose chemicals used in fracking.
However, U.S. District Judge Scott Skavdahl blocked the Obama rule in June after accepting the argument from energy companies and several states that federal regulators lack congressional authority to set rules for fracking.
The Obama administration appealed the decision to the 10th Circuit, but the rule could be killed for good. The Trump administration said in court filings Wednesday it is withdrawing from the lawsuit.
Justice Dept. lawyers representing Interior and the Bureau of Land Management asked the court to "continue the oral argument and hold these appeals in abeyance pending a new rulemaking" on the issue.
"As part of this process, the Department has begun reviewing the 2015 Final Rule (and all guidance issued pursuant thereto) for consistency with the policies and priorities of the new Administration," the motion reads. "This initial review has revealed that the 2015 Final Rule does not reflect those policies and priorities."
Neal Kirby of the Independent Petroleum Association of America praised the withdrawal of the rule, calling it "unnecessary, duplicative and would further drive away independent producers from federal lands."
"Every energy-producing area has different needs and requirements, which is why the states are far more effective at regulating hydraulic fracturing than the federal government," he said.
Many environmental advocates felt that the 2015 rule was already too lenient, but the Trump administration's latest action could be even more worrisome to fracking opponents.
"This disturbing decision highlights Trump's desire to leave our beautiful public lands utterly unprotected from oil industry exploitation," said Michael Saul, an attorney with the Center for Biological Diversity. "Backing away from these modest rules is doubly dangerous given the administration's reckless plans to ramp up fracking and drilling on public lands across America."
Other environmental organizations spoke out against the announcement.
"Today's news demonstrates the degree to which Secretary Zinke and the Trump administration are in the pocket of the oil and gas industry," said Earthjustice attorney Mike Freeman.
Earthworks policy director Lauren Page said: "By moving to overturn these common-sense protections, the Trump administration is positioning itself against the disclosure of toxic chemicals, protecting clean water and preserving our public land."
Groundwater contamination is one of the biggest concerns about unconventional oil and natural gas production. While the industry maintains the safety of the process, in December the U.S. Environmental Protection Agency released its highly anticipated final report identifying cases of impacts on drinking water at each stage in the hydraulic fracturing water cycle.
"With [Wednesday's] decision, Trump is making it clear that he thinks we need more fracking operations contaminating our drinking water, causing earthquakes and polluting our environment, not less," Sierra Club Beyond Dirty Fuels campaign director Lena Moffitt said. "The Sierra Club will continue to defend this rule, ensuring that our publicly-owned lands remain protected from fracking and Donald Trump."
President Trump has plans to open up federal lands for more energy development. As a candidate, Trump campaigned on a promise to "unleash America's $50 trillion in untapped shale, oil, and natural gas reserves, plus hundreds of years in clean coal reserves."
He accused President Obama of "denying millions of Americans access to the energy wealth sitting under our feet" by restricting leasing and banning new coal extraction.
Incidentally, the actions of the current administration go against the sentiments of the majority of Americans, who are opposed to fracking and drilling of public lands, according to a new Gallup poll.
The poll, released on Tuesday, determined that 53 percent of Americans oppose fracking as a means of increasing the production of natural gas and oil in the U.S. Only 46 percent support for opening up federal lands for oil exploration, compared to 65 percent who favored it in 2014.
"Americans Tilt Toward Protecting Environment, Alternative Fuels"Gallup
The Gallup poll found that 72 percent of Americans support spending more government money on energy alternatives such as solar and wind power. About two-thirds of Americans favor more strongly enforcing federal environmental regulations and setting higher emissions standards for business and energy.
Public opposition to fracking has grown in recent years, as counties and cities across the country are passing resolutions and ordinances to ban the practice.
Even states are getting behind the action. The Maryland House of Delegates passed a milestone bill earlier this month that would ban fracking statewide.
Fracking opponents are now urging the Maryland Senate to pass the same legislation. On Thursday morning, a group of protesters‚ including including faith leaders and western Maryland residents, barred the entrance to the State House in a peaceful act of civil disobedience. Thirteen were arrested.
"As stewards of God's creation, United Methodists are opposed to hydraulic fracturing because of the serious consequences for the environment, including damage to water and geological stability," said Rev. Julie Wilson, chair for the Board of Church and Society for the Baltimore Washington Conference of the United Methodist Church. "We support a ban on fracking."
Garrett County in western Maryland is likely to be the first area targeted if fracking is allowed. The demonstrators say that fracking would threaten the area's local economy, which relies heavily on tourism and agriculture.
"Western Maryland would be targeted first by fracking, and western Marylanders overwhelmingly know that we can never allow it to take place," said Ann Bristow, Garrett County resident and member of Gov. O'Malley's Marcellus shale advisory commission.
"The more we learn about fracking, the more we know we need a ban. Our water, health and climate are far more important than short term gain for the natural gas industry. Once free of worrying about fracking in Maryland, we can all turn our attention to a renewable and sustainable future."