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By Eoin Higgins
Climate advocates pointed to news Sunday that fracking giant Chesapeake Energy was filing for bankruptcy as further evidence that the fossil fuel industry's collapse is being hastened by the coronavirus pandemic and called for the government to stop propping up businesses in the field.
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Pennsylvania regulators failed to protect public health and the environment from pollution and other harms caused by fracking operations, a grand jury investigation concluded.
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New York state has rejected the controversial Williams pipeline that would have carried fracked natural gas from Pennsylvania through New Jersey, running beneath New York Harbor and the Atlantic Ocean before connecting to an existing pipeline system off Long Island.
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By Emily Pontecorvo and Naveena Sadasivam
On a spring weekend morning a few weeks ago, Judy Kelly stepped outside of her house in Broomfield, Colorado, to grab the newspaper when her nose perked up. It smelled like something was burning.
An excerpt from an email sent to the city by a resident concerned about the Livingston fracking site.
Broomfield vs. Extraction<p>The unsettling bind that the stay-at-home order put many residents in was not lost on Laurie Anderson, a Broomfield city councilwoman who lives just half a mile from the fracking site in another neighborhood called Anthem Highlands. The night Governor Polis' order came down, a special meeting of the city council was scheduled to <a href="https://drive.google.com/file/d/10m9nX3vilG4IEOl0zJdfMsKIZz68jte8/view" target="_blank">discuss</a> the potential dangers of work continuing at the Livingston site during the pandemic. The council decided to draft a proposal ordering Extraction to postpone flowback — a process where the chemical-laden water used to fracture open the shale flows back to the surface and must be collected, treated, and disposed of — until the stay-at-home order was lifted.</p><p>"The thought was to protect these residents, to delay flowback, understanding that it has to happen because they've already fracked these wells," said Anderson, who is also an organizer for Moms Clean Air Force, a national advocacy group that fights polluters. "It was only going to delay them for a couple weeks."</p><p>Of particular concern was Anthem Ranch, where the median age is 70 years old. The city's public health staff drafted up an order and included <a href="https://drive.google.com/file/d/1vLyFee6vdXi_uaZliyDRYTkdKP1wmHoE/view" target="_blank">data</a> showing that people over 65 are more susceptible to COVID-19 complications, that the top symptom reported by older Broomfield residents in the city's <a href="https://broomfield.org/2842/File-an-Immediate-Concern" target="_blank">oil and gas complaint system</a> was "anxiety/stress," and that stress and anxiety are linked to poor health outcomes in general.</p><p>But two days later, before the council could discuss the draft proposal, Extraction headed them off at the pass. The company secured a temporary restraining order from the Seventeenth Judicial District Court in Colorado, which prohibited the city from halting or delaying its operations. According to court documents, Extraction alleged that the city was acting in bad faith, trying to "shut down Extraction's operations not because they pose any real health risk, but because they are unpopular." Then, on March 30, the company filed an official complaint with the district court against the city, seeking damages for a breach of contract.</p><p>It's true that this was far from the first time Broomfield had tried to interfere with Extraction's … extraction. The city has battled the company at every stage of the drilling process in response to complaints from residents about odors, health symptoms, and <a href="https://www.kunc.org/post/broomfield-tried-limiting-oil-and-gas-noise-now-company-pushing-back-0#stream/0" target="_blank">noise</a>.</p>
An excerpt from an email sent to the city by a resident concerned about the Livingston fracking site.
‘Why Didn’t You Protect Us?’<p>Leading up to that final vote, the city council was flooded with emails begging them to forge ahead with the public health order. After it decided to drop the issue, community members were on edge. Kelly said she understands why the city did what it did. But others are incredibly frustrated with the outcome. "I get so many calls from people that say, 'why didn't you protect us?'" she said. "They're so concerned about their health that they would have rather seen us in court."</p><p>One concern is what residents will do in case there is an emergency, like a major emissions release or an explosion like the one in Weld County. The Broomfield police department has told families that live within a half-mile of the site to keep a bag packed in case an evacuation is necessary. But Elizabeth Lario is not sure where her family would go. Under normal circumstances, the city's emergency shelter is its recreation center, but as long as social distancing is necessary, that no longer feels like a safe option. "The evacuation plan is to wait and hear what the evacuation plan is," Lario said.</p>
An excerpt from an email sent to the city by a resident concerned about the Livingston fracking site.<p>On April 13, the Broomfield Office of Emergency Management held a telephone town hall to present evacuation instructions. Residents told Grist that instructions on where they should go were not very clear, and that the evacuation plan was fluid depending on the scale of emergency and the status of the pandemic. "It was a plan left in chaos, in my opinion, that fortunately hasn't had to be used," said Anderson.</p><p>The Broomfield police department told Grist that it uses a cell phone alert system for emergency notification. An "Emergency Management Update" powerpoint created by the department instructs residents to "follow the instructions you receive" and monitor the situation on the city's social media accounts. In the case of an evacuation, it says to go to the home of a family member or friend — and to go to the recreation center only if needed. The department advises that residents who do elect to evacuate to the recreation center remain in their cars "if quarantined/isolated."</p>
- Governor Undermines Climate Action Plan in Colorado - EcoWatch ›
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By Jessica Corbett
As calls for a People's Bailout in response to the coronavirus pandemic continue to grow across the United States, a new analysis warns that the country's Big Oil companies "stand to reap yet another billion dollar bailout" thanks to the Federal Reserve's plans to buy up to $750 billion in corporate debt.
The analysis (pdf), released Wednesday by the advocacy group Friends of the Earth (FOE), explains that this expected bailout for polluters relates to a controversial $500 billion corporate slush fund included in the Coronavirus Aid, Relief, and Economic Security (CARES) Act that Congress passed in March.
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by Andrea Germanos
The Trump administration on Friday released a new land use plan for southwestern Colorado that community and conservation advocacy groups warn is a "dangerous" pathway towards increased fossil fuel extraction that makes no "climate, ecological, or economic sense."
- Fracking Fight Continues in Colorado - EcoWatch ›
- A Must Read Account of Fracking Colorado - EcoWatch ›
Trump Administration Reversed Existing Methane Regulations<p>Methane emissions have become <a href="https://www.desmogblog.com/2019/08/14/fracking-shale-gas-drilling-methane-spike-howarth" target="_blank">a much bigger issue</a> in the last decade since the <span style="background-color: initial;">U.S.</span> boom in shale <a href="https://www.ecowatch.com/tag/oil-and-gas">oil and gas</a> produced by <a href="https://www.ecowatch.com/tag/fracking" rel="noopener noreferrer">fracking</a>. Despite <a href="https://money.cnn.com/2016/07/21/investing/trump-energy-plan-obama-oil-boom/index.html" target="_blank">overseeing a huge rise in oil and gas production</a>, the Obama administration acknowledged the methane problem and <a href="https://obamawhitehouse.archives.gov/blog/2016/05/12/administration-takes-historic-action-reduce-methane-emission-oil-and-gas-sector" target="_blank">proposed and adopted new methane emissions regulations</a>, which the <a href="https://www.desmogblog.com/2019/09/10/key-facts-trump-epa-plan-obama-methane-leaks-rule" target="_blank">Trump administration has since repealed</a>.</p><p>The Trump administration has staffed regulatory agencies with former industry executives and lobbyists who have been quite successful at rolling back environmental, health, and safety rules.</p><p>Last August former coal lobbyist and current administrator of the Environmental Protection Agency (EPA) <a href="https://www.desmogblog.com/andrew-wheeler" target="_blank">Andrew Wheeler</a> <a href="https://www.epa.gov/newsreleases/epa-proposes-updates-air-regulations-oil-and-gas-remove-redundant-requirements-and-1" target="_blank">explained the reasoning</a> for removing the Obama methane rules.</p><p>"EPA's proposal delivers on President Trump's executive order and removes unnecessary and duplicative regulatory burdens from the oil and gas industry," Wheeler said. "The Trump administration recognizes that methane is valuable, and the industry has an incentive to minimize leaks and maximize its use."</p><p>The problem with this free-market assumption is that Wheeler is wrong about the industry's financial incentive to limit methane emissions.</p>
Even the Remaining Regulations Are Controlled by Industry<p>While the Trump administration has rolled back many regulations for the oil and gas industry, the regulatory system in the U.S. was already designed to protect industry profits — not the public or environment. When the federal government creates regulations, the process can be heavily influenced by industry lobbyists, and if they don't agree with the regulations, there are many ways they can get them revised to favor their companies.</p><p>While Exxon <a href="https://www.axios.com/exxon-epa-regulate-methane-emissions-oil-gas--0befdde6-e0fe-49db-a200-38299853b43d.html" target="_blank">did publicly say </a>in 2018 that it didn't support repealing the existing methane regulations, the company also wrote to the <span style="background-color: initial;">EPA</span> voicing support for certain aspects of the <a href="https://www.desmogblog.com/american-petroleum-institute" target="_blank">American Petroleum Institute's</a> (<span style="background-color: initial;">API</span>) comments on the issue, and the <span style="background-color: initial;">API</span> <a href="https://www.opensecrets.org/news/2019/08/oil-gas-lobby-split-by-trump-rollback-of-methane-rules/" target="_blank">approved removing the regulations.</a> In that letter Exxon used the same language it is now using with its propsed regulations, saying any rules need to be "cost-effective" and "reasonable." But if the regulations are cost-effective, will they actually be effective in reducing methane emissions in a meaningful way?</p>
Excerpt from Exxon letter to EPA about methane regulations. ExxonMobil<p><a href="https://www.wsj.com/articles/when-safety-rules-on-oil-drilling-were-changed-some-staff-objected-those-notes-were-cut-11582731559" target="_blank">The Wall Street Journal</a> recently highlighted the influence that the oil and gas industry and its major U.S. trade group the American Petroleum Institute can have over regulations. After the deadly 2010 Deepwater Horizon explosion and oil spill in the Gulf of Mexico, the federal government put into place new safeguards known as the "well control rule" in order to prevent another disaster during deepwater offshore drilling.</p><p>In 2019, the Trump administration revised the rule, <a href="https://www.npr.org/2019/05/03/720008093/trump-administration-moves-to-roll-back-offshore-drilling-safety-regulations" target="_blank">weakening it</a>, even though, as the Journal reported, federal regulatory staff did not agree "that an industry-crafted protocol for managing well pressure was sufficient in all situations, the records show." The staff was ignored. (And the move is <a href="https://www.maritime-executive.com/article/suit-filed-over-well-control-rule-repeal" target="_blank">undergoing a legal challenge</a>.)</p><p>Industry crafted protocol. Just the thing Exxon is now proposing.</p><p>This type of industry control over the regulatory process was also brought to light after two Boeing 737 MAX planes crashed and killed 346 people. Boeing had fought to make sure that pilots weren't required to undergo expensive and lengthy training to navigate the new plane.</p><p><a href="https://www.reuters.com/article/us-boeing-737max/designed-by-clowns-boeing-employees-ridicule-737-max-regulators-in-internal-messages-idUSKBN1Z902N" target="_blank">Reuters reported </a>on internal communications at Boeing which revealed the airplane maker simply would not let simulator training be required by regulators:</p><p>"I want to stress the importance of holding firm that there will not be any type of simulator training required to transition from NG to MAX," Boeing's 737 chief technical pilot said in a March 2017 email.</p><p>"Boeing will not allow that to happen. We'll go face to face with any regulator who tries to make that a requirement."</p><p>Boeing got its way. And 346 people died.</p>
Exxon Touts 'Sound Science' Despite Its History<p>Exxon's methane proposal states that any regulations should be based on "sound science." This statement is coming from a company whose scientists <a href="https://insideclimatenews.org/content/Exxon-The-Road-Not-Taken" target="_blank">accurately predicted the impacts of burning fossil fuels</a> on the climate decades ago and yet has spent the time since then <a href="https://www.desmogblog.com/2017/09/03/study-finds-exxon-misled-public-withholding-climate-knowledge" target="_blank">misleading the public</a> about that science.</p><p>The current regulatory system in America does not protect the public interest. Letting Exxon take the lead in the place of regulators doesn't seem like it's going to help.</p><p>Megan Milliken Biven is a former federal analyst for the U.S. Bureau of Ocean Energy Management, the federal agency that regulates the oil industry's offshore activity. Milliken Biven explained to DeSmog what she saw as the root cause of the regulatory process's failure.<br><br>"Regulatory capture isn't really the problem," Milliken Biven said. "The system was designed to work for industry so regulatory capture isn't even required."</p>
The climate crisis got its moment in the sun during the ninth Democratic primary debate in Las Vegas Wednesday.
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While Sen. Bernie Sanders (I-Vt.) has been in Washington this week for the impeachment trial, he has put forth two bills to help the environment.
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