hydraulic fracturing

Thu, 2014-12-04 06:00Steve Horn
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First Texas City to Ban Fracking Cites "Public Nuisance" in Lawsuit Response

Attorneys representing Denton, Texas, the first city to ban hydraulic fracturing (“fracking”) in state history, have issued rebuttals to the two lawsuits filed against Denton the day after the fracking ban was endorsed by voters on election day. 

Responding to lawsuits brought by attorneys with intimate Bush family connections — with complaints coming from both the Texas General Land Office and the Texas Oil and Gas Association — the Denton attorneys have signaled the battle has only just begun in the city situated in the heart and soul of the Barnett Shale, the birthplace of fracking. 

In its response to the Texas Oil and Gas Association, Denton's attorneys argued the Association did not provide sufficient legal evidence that the Texas constitution demarcates the Texas Railroad Commission or the Texas Commission on Environmental Quality as the only governmental bodies that can regulate or permit fracking.

“Nowhere in…the Petition as a whole, does Plaintiff identify what regulations have been passed by the Texas Railroad Commission or the Texas Commission or Environmental Quality that allegedly occupy the 'entire field' rendering the [ban] preempted and unconstitutional,” wrote the attorneys. “City requests the Court to order Plaintiff to replead that claim with greater specificity to meet those fair notice requirements.”

Industry-friendly Railroad Commission (RRC) chairman Christi Craddick is on the record stating that the RRC will continue to issue permits despite the fact Denton citizens voted for a ban.

The Denton attorneys also argued that fracking is a “public nuisance” and “subversive of public order” in defense of the fracking ban.

Wed, 2014-11-19 21:05Steve Horn
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Introducing "Natural Gas Exports: Washington's Revolving Door Fuels Climate Threat"

DeSmogBlog's Steve Horn and Republic Report's Lee Fang have co-written an in-depth report on the influence the government-industry revolving door has had on Big Oil's ability to obtain four liquefied natural gas (LNG) export permits since 2012 from the Obama Administration.

Titled “Natural Gas Exports: Washington's Revolving Door Fuels Climate Threat,” the report published here on DeSmogBlog and on Republic Report serves as the launching pad of an ongoing investigation. It will act as the prelude of an extensive series of articles by both websites uncovering the LNG exports influence peddling machine. 

The report not only exposes the lobbying apparatus that has successfully opened the door for LNG exports, but also the PR professionals paid to sell them to the U.S. public. It also exposes those who have gone through the “reverse revolving door,” moving from industry back to government and sometimes back again.

It reveals that many former Obama Administration officials now work as lobbyists or PR professionals on behalf of the LNG exports industry, as do many former Bush Administration officials. So too do those with ties to potential 2016 Democratic Party presidential nominee, Hillary Clinton. 

They include:

Wed, 2014-11-19 05:00Julie Dermansky
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Oklahoma Ignores Link Between Record Number of Earthquakes and Fracking Wastewater Disposal Wells

Oklahoma fracking earthquakes

As Oklahoma continues to experience more earthquakes than California this year, residents are questioning why regulators haven’t taken any meaningful action to guard against increased seismic activity.

The U.S. Geological Survey (USGS) says that wastewater injection into deep geologic formations, a part of the hydraulic fracturing (fracking) process, is a likely contributing factor to this increase in quakes. The phenomenon, known as “injection-induced seismicity,” has been documented for nearly half a century, according to the USGS.

The rate of earthquakes in Oklahoma has increased remarkably since October 2013 — by about 50 per cent — significantly increasing the chance for a damaging magnitude 5.5 or greater quake in central Oklahoma,” says the USGS report.

Angela Spotts is one of many Oklahoma residents who is wondering why no meaningful action has been taken to safeguard residents.

Angela Spotts
Angela Spotts across from a drilling rig at a hydraulic fracturing site near her home. ©2014 Julie Dermansky

It is kind of like an assault. You feel like you are being sacrificed for this gold they are pulling out of the ground. And you start meeting people that are getting sick,” Spotts, a member of Stop Fracking Payne County, told DeSmogBlog. “It is the tobacco industry all over again.” 

Thu, 2014-11-06 13:33Steve Horn
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Bush Family and Its Inner Circle Play Central Role in Lawsuits Against Denton, Texas Fracking Ban

George P. Bush, Texas Land Commissioner-Elect

On November 4, Denton, Texas, became the first city in the state to ban the process of hydraulic fracturing (“fracking”) when 59 percent of voters cast ballots in favor of the initiative. It did so in the heart of the Barnett Shale basin, where George Mitchell — the “father of fracking” — drilled the first sample wells for his company Mitchell Energy.

As promised by the oil and gas industry and by Texas Railroad Commission commissioner David Porter, the vote was met with immediate legal backlash. Both the Texas General Land Office and the Texas Oil and Gas Association (TXOGAfiled lawsuits in Texas courts within roughly 12 hours of the vote taking place, the latest actions in the aggressive months-long campaign by the industry and the Texas state government to fend off the ban.

The Land Office and TXOGA lawsuits, besides making similar legal arguments about state law preempting local law under the Texas Constitution, share something else in common: ties to former President George W. Bush and the Bush family at large.

In the Land Office legal case, though current land commissioner Jerry Patterson signed off on the lawsuit, he will soon depart from office. And George Prescott Bush — son of former Florida Governor and prospective 2016 Republican Party presidential nominee Jeb Bush and nephew of former President George W. Bush — will take his place.

George P. Bush won his land commissioner race in a landslide, gaining 61 percent of the vote. Given the cumbersome and lengthy nature of litigation in the U.S., it appears the Land Office case will have only just begun by the time Bush assumes the office.

The TXOGA legal complaint was filed by a powerful team of attorneys working at the firm Baker Botts, the international law firm named after the familial descendants of James A. Baker III, a partner at the firm.

Baker III served as chief-of-staff under both President Ronald Reagan and President George H.W. Bush, Secretary of State under George H.W. Bush and as a close advisor to President George W. Bush on the U.S. occupation of Iraq. He gave George P. Bush a $10,000 donation for his campaign for his race for land commissioner.

James A. Baker III Campaign Contribution George P. Bush

Photo Credit: Texas Land Commission

The Energy Policy Act of 2005which exempts the oil and gas industry from the Safe Drinking Water Act, the Clean Water Act and the National Environmental Policy Act for fracking, is seen by critics as the legacy of ashes left behind by the George W. Bush Administration.

Yet almost a decade later, the two lawsuits filed against Denton show the Bush oil and gas legacy clearly lives on and stretches from the state where the fracking industry was born all the way to Iraq and back again. 

Mon, 2014-11-03 12:30Steve Horn
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Federal Reserve Policy Keeps Fracking Bubble Afloat and That May Change Soon

In August 2005, the U.S. Congress and then-President George W. Bush blessed the oil and gas industry with a game-changer: the Energy Policy Act of 2005. The Act exempted the industry from federal regulatory enforcement of the Safe Drinking Water Act, the Clean Water Act and the National Environmental Policy Act.

While the piece of omnibus legislation is well-known to close observers of the hydraulic fracturing (“fracking”) issue — especially the “Halliburton Loophole” — lesser known is another blessing bestowed upon shale gas and tight oil drillers: near zero-percent interest rates for debt accrued during the capital-intensive oil and gas production process.

Or put more bluntly, near-free money from the U.S. Federal Reserve Bank. That trend may soon come to a close, as the Federal Reserve recently announced an end to its controversial $3 trillion bond-buying program.

In response to the economic crisis and near collapse of the global economy, the Federal Reserve dropped interest rates to between 0 percent and .25 percent on December 16, 2008, a record low percentage. It also began its bond-buying program, described in a recent Washington Post article as implemented to provide a “booster shot” to the economy.

“The Federal Reserve will employ all available tools to promote the resumption of sustainable economic growth and to preserve price stability,” the Fed stated in a press release announcing the maneuver. “In particular, the [Federal Reserve] anticipates that weak economic conditions are likely to warrant exceptionally low levels of the federal funds rate for some time.”

That free money, known by economics wonks as quantitative easing, helps drilling companies finance fracking an increasingly massive number of wells to keep production levels flat in shale fields nationwide.

But even with the generous cash flow facilitated by the Fed, annual productivity of many shale gas and tight oil fields have either peaked or are in terminal decline. This was revealed in Post Carbon Institute's recently-published report titled, “Drilling Deeper: A Reality Check on U.S. Government Forecasts for a Lasting Tight Oil & Shale Gas Boom.” 

Mon, 2014-10-27 16:33Julie Dermansky
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U.S. Energy Policies Based on Inflated Fracking Predictions: Post Carbon Institute Report

Economic predictions about the fracking industry's potential growth have for the most part gone unquestioned — until now.

A new report from the Post Carbon Institute exposes highly inflated forecasts and concludes that the amount of oil that can be tapped by hydraulic fracturing cannot be maintained at the levels assumed beyond 2020.

The report, “Drilling Deeper: A Reality Check on US Government Forecasts for a Lasting Tight Oil & Shale Gas Boom,” says inflated forecasts from the Energy Information Administration have fostered a lack of urgency to transition to renewable energy. The report also looks at the oil industry's increased pressure to relax restrictions on fracking and change oil and gas export rules.  

The Department of Energy’s forecasts — the ones everyone is relying on to guide our energy policy and planning — are overly optimistic based on what the actual well data are telling us,” says David Hughes, a geoscientist and author of the Post Carbon Institute report.

The report shatters the government’s estimate of the potential productivity of America’s shale regions. Four out of seven of the top shale regions have peaked and are now in a decline, the report says. Another three will peak in production before the government’s forecast predicts. In decline already are the Barnett, Haynesville, Fayetteville and Woodford Shales.
  

Source: Post Carbon Institute 

Mon, 2014-10-27 11:33Emma Gilchrist
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B.C. LNG Strategy Won’t Help Solve Global Climate Change: New Pembina Institute Report

Christy Clark at LNG Canada announcement

The B.C. government’s claim that LNG exports offer the “greatest single step British Columbia can take to fight climate change” is inaccurate in the absence of stronger global climate policies according to a new report released today by the Pembina Institute and the Pacific Institute for Climate Solutions.

Natural gas does have a role to play in a world that avoids two degrees Celsius in global warming, but only if strong emissions reduction policies are put in place in the jurisdictions that produce and consume the gas, says the report, LNG and Climate Change: The Global Context authored by Matt Horne and Josha MacNab.

Natural gas is often described as a bridge fuel. The question is, how long should that bridge be?” says MacNab, B.C. regional director for the Pembina Institute, a national non-profit focused on transitioning Canada to a clean energy future.

Our research suggests it must be very short if we’re going to be able to get off the bridge in time to avoid the worst impacts of climate change.”

Wed, 2014-10-22 09:55Julie Dermansky
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Supporters of Fracking Ban Face New Wave of McCarthyism in Denton, Texas

Banning fracking in Denton, Texas

In Denton, Texas, a college town north of Dallas that sits atop the Barnett Shale formation, the fight over a referendum banning fracking within city limits is in the final stretch.

The local ballot initiative has global implications, with the energy sector watching closely.

The turmoil in Denton reflects a growing national debate between those concerned with health and quality of life issues, and others who claim the fracking industry is America’s answer to economic growth and energy independence.

Mon, 2014-10-20 14:57Justin Mikulka
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Natural Gas as 'Bridge Fuel' Is Excellent Political Solution But Fails As Climate Solution

Fracking for natural gas

“We cannot solely rely on abundant gas to solve the climate change problem. The climate change problem requires a climate change solution. Abundant gas could be great for any number of things, but it is not going to solve the climate change problem.”

This statement was made by Haewon McJeon, the lead author on a new study published last week by Nature magazine, which concluded that cheap abundant natural gas will actually delay any efforts to reduce carbon emissions.

This isn’t the first study to reach this conclusion. In the 2013 study “Climate Consequences of Natural Gas as a Bridge Fuel,” author Michael Levi reached a similar conclusion. He noted that for natural gas to be beneficial as a bridge fuel it had to be a short bridge with gas consumption peaking by 2020 or 2030.

The new study, Limited Impact on Decadal-Scale Climate Change from Increased Use of Natural Gas, looks at natural gas consumption increasing through 2050.

Thu, 2014-10-16 13:04Steve Horn
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Court Files: Coal CEO Robert Murray Unearths Lease from Aubrey McClendon's New Fracking Company

Robert E. Murray, CEO Murray Energy Corporation

DeSmogBlog has obtained a copy of a sample hydraulic fracturing (“fracking”) lease distributed to Ohio landowners by embattled former CEO and founder of Chesapeake Energy, Aubrey McClendon, now CEO of American Energy Partners

Elisabeth Radow, a New York-based attorney who examined a copy of the lease, told DeSmogBlog she believes the lease “has the effect of granting American Energy Partners the right to use the surface and subsurface to such a great extent that it takes away substantially all of the rights attributable to homeownership.”

The American Energy Partners fracking lease was shaken loose as part of the discovery dispute process in an ongoing court case pitting coal industry executive Robert E. Murraycontroversial CEO of Murray Energy Corporation and American Energy Corporation — against McClendon in the U.S. District Court for the Southern District of Ohio Eastern Division

Murray brought the suit against McClendon back in August 2013, alleging McClendon committed trademark and copyright infringement by using the “American Energy” moniker. Murray’s attorneys used the lease as an exhibit in a Motion to Compel Discovery, filed on September 8, over a year after Murray brought his initial lawsuit. 

The case has ground to a slow halt as the two sides duke it out over discovery issues and related protective order issues, making a large swath of the court records available only to both sides’ attorneys and causing many other records to be heavily redacted.

Out of that dispute has come the American Energy Partners lease, published here for the first time.

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