Hydraulic Fracturing

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    Last Document Released in Hallowich v Range $750K Settlement

    It’s been a long struggle for the Pittsburgh Post-Gazette and the Washington (PA) Observer-Reporter, but they finally won–if you can call it a win. Last year, both newspapers sued to have a sealed court case opened. The case involves an off-the-record settlement between the Hallowich family in Washington County, PA and Range Resources, MarkWest Energy and Williams (see Pittsburgh Newspapers Sue to Unseal Drilling Court Case). The Hallowiches claimed nearby drilling and pipeline activity threatened the health of their family–in particular their two children. Range and the other plaintiffs elected to settle, but the case and all of the documents were closed as part of the settlement. So the newspapers sued to have the record opened.

    In March of this year, a different judge reviewed the case and ordered the court documents be opened (see Judge Orders Range/Landowner Settlement in PA Made Public). Anti-drillers were disappointed to learn that there were no smoking guns–no admissions or evidence of any kind that drilling activity had polluted water, air, etc. In fact, among the documents was an affidavit signed by the Hallowiches stating that drilling had not caused any adverse health impacts for their family (see Affidavit in Range PA Settlement Shows No Drilling Health Impacts). However, there was one final document not made public by the court and the newspapers kept hounding. Success at last! The final document was released this week (copy embedded below). What does it say?…
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    Witch Hunt: NRDC Goes Looking for Enviro Apostates at EPA

    Predictable. MDN told you about a sham story that recently appeared in the Los Angeles Times. The reporter claims to have a PowerPoint slide (which the Times calls a “report”) from the EPA that some people inside the EPA really do think fracking caused water problems in Dimock, PA after all, and the LA Times’ conclusion is that Godfather “big oil & gas” has “gotten” to the EPA and hushed them up (see LA Times Attempts New Hatchet Job on Fracking in Dimock).

    Now that the mainstream media has done their job of lighting the fire with a new lie about Dimock, along comes fossil fuel-haters to pile on and accuse the Obama EPA–one of their own!–of being complicit in a nefarious plot to cover up “the truth” about fracking in Dimock–and while they’re at it, not just Dimock, but cover-ups in Wyoming, Texas…even the moon (if the moon had fracking). Prime example A is this missive from the National Resources Defense Council (NRDC):
    Read More “Witch Hunt: NRDC Goes Looking for Enviro Apostates at EPA”

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    Not So Fast: Blue Rock State Forest Fracking on Hold

    A few days ago MDN told you that the federal Bureau of Land Management (BLM) had plans to auction off shale drilling rights for Blue Rock State Forest in eastern Ohio (see Surprise! Blue Rock State Forest in Eastern OH to be Fracked). As we pointed out, most federal land auctioned for drilling is located in the western U.S.–this is the first such instance of BLM land being auctioned in the Marcellus/Utica region that we are aware of. The federal government owns the mineral rights in Blue Rock, and the state of Ohio owns the surface rights.

    Ohio state officials complained they were not consulted by the BLM about the mineral rights auction or the possibility that the forest will be fracked. So the BLM has (for now) halted their planned auction for later this year…
    Read More “Not So Fast: Blue Rock State Forest Fracking on Hold”

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    UTA Research: High Levels of Arsenic in Water Wells Near Drilling

    dataTechnically this is not a story about the Marcellus or Utica Shale, but it is a story about fracking in shale, and making a splash among anti-drillers, so it deserves our attention and consideration. Researchers at the University of Texas at Arlington (UTA) have just published a peer-reviewed study in the journal Environmental Science & Technology titled, “An evaluation of water quality in private drinking water wells near natural gas extraction sites in the Barnett Shale Formation” (full copy embedded below for MDN subscribers). The study looks at 100 water wells in the Barnett Shale region of north Texas. UTA researchers used data from the 1990s–before horizontal drilling and fracking began in the region–and data from their own tests conducted in 2011.

    What does the data show? It shows about one-third of the water wells have dangerously high levels of arsenic in them–levels that did not exist in the 1990s. The study’s authors theorize the high levels of arsenic can be tied to fracking and drilling, although they are quick to admit the arsenic did not come from drilling fluid contamination. How then, can you blame fracking?…
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    LA Times Attempts New Hatchet Job on Fracking in Dimock

    It appears that the Los Angeles Times needs to bump up their circulation numbers, so this past Sunday they trotted out the “Dimock” story once again (perhaps inspired by watching Gasland 2 on HBO). The Times claims to have a leaked “internal report” from the EPA, which we learn is (laughably) a PowerPoint presentation, not a real report. The article’s fictional thesis is that “big oil” has gotten to the Obama EPA and that at least some brave souls inside the EPA still believe, contrary to their own scientist’s research, that shale drilling in Dimock, PA was responsible for “contaminating” nearby water wells with methane and nefarious chemicals like arsenic–even though arsenic is naturally occurring throughout the region. (Pay no attention to those naturally-occurring chemicals behind the curtain, Toto!)

    MDN would like to make a bold assertion: The LA Times emperor has no clothes. We’ve searched high and low and the so-called PowerPoint “EPA report” they claim to have possession of is nowhere to be found. We think it probably exists. Maybe. Perhaps. However, what we have is the LA Times making a wild claim–their own interpretation–of what is on the PowerPoint slides, without sharing the source document with anyone else. Given the Times and its reporters are liberal and anti-drilling in the extreme, excuse us if we say that until they share the so-called EPA internal report, we assume they’re lying about what’s in it. The motives and veracity of reporting by the Times is to be questioned and is, for us, the real story here…
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    Surprise! Blue Rock State Forest in Eastern OH to be Fracked

    MDN has kept readers informed about new federal fracking rules proposed by the Dept. of Interior’s Bureau of Land Management (BLM), rules that will make it quite expensive to drill (see New BLM Fracking Rule will Cost Drillers Nearly $100K per Well). We haven’t been overly concerned about the new BLM fracking regulations in the Marcellus/Utica because, as we told you, the rules will only affect fracking on federal land–almost all of which is located in the western U.S. Until now, our concern with the BLM rules has been that the federal government may, at some point, force the BLM rules on the states (see Feds ‘Hope’ States will Use BLM Rules for ALL Fracking).

    However, it now appears the new BLM rules may apply in the Utica Shale much sooner than we thought. The Blue Rock State Forest, a 4,578-acre forest in Muskingum County where the state of Ohio owns the surface but the federal government owns the mineral rights, will soon be opened up by the feds for fracking. This revelation will no doubt set off the berserker alarms at anti-drilling HQ…
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    Father of Shale Fracking George Mitchell Dies at Age 94

    On Friday, the father of modern-day shale fracking and Texas billionaire oilman George Mitchell died. More than any other person, Mitchell is responsible for the current shale drilling revolution that has changed America’s (and the world’s) energy picture. It was Mitchell who kept experimenting, with his own money, on shale drilling until he finally “cracked” the secret in the Barnett Shale in Texas in the 1990s.

    In 2012, Mitchell went a little wobbly and called for federal regulation of fracking, a position we heartily disagreed with (see Father of Shale Fracking George Mitchell Talks to Forbes). However, Mitchell was a giant in the industry, and we pay our respects to him and his family. This world would be a poorer place were it not for George Mitchell and his persistence in figuring out how to frack shale. So we send him on to that great gusher in the sky…
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    AP Attempts to Smear Shale Drillers as Arrogant

    Another AP story with anti-drilling overtones is making the rounds. This one, written by AP reporter Kevin Begos, attempts (in our opinion) to unfairly shade comments by both John Hofmeister, the former president of Shell, and Terry Engelder, Penn State geologist and the “father of the Marcellus,” as tacitly admitting that drilling has caused chemical contamination in some water supplies. They never said it, and to imply it is an outrage.

    Here’s the AP article now making its way around the mainstream media echo chamber with the pretentious title, “Industry Arrogance Fueling Fracking Anger?”…
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    The Real Reason Eco Groups Bash Fracking: Fundraising

    In an article published on the Enter Stage Right website, author Paul Driessen provides an eloquent defense of the many benefits–both economic and environmental–of hydraulic fracturing (i.e. fracking). The article uses the miracle of the Marcellus Shale in Williamsport, PA as a prime example (he personally visited and saw it with his own eyes).

    Near the end of the article, Driessen both asks and answers and important question. If fracking is largely a good thing, and since science shows it to be safe, why do so-called “environmentalist” organizations like the Sierra Club and a plethora of “riverkeeper” clubs keep bashing it? Answer: Follow the money. It’s great for donations…
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    Striking a Balance: Preserving the Surface While Drilling in WV

    What happens when the mineral rights for oil and gas under a piece of land are owned by someone other than those who own the surface land itself? In West Virginia, that happens a lot–it’s a called a “split estate” and was done years ago for coal mining. Furthermore, what happens if the surface owner is the county or state government, and the land is a nature preserve, used for hunting and outdoor enthusiasts? It is a conundrum. Clearly the mineral owners have the right to access the minerals under the land, but in doing so, there’s going to be inconvenience for hunters and others using the surface land. Both sides have to work together.

    The Lewis Wetzel Wildlife Management Area in Wetzel County, WV is a good example where both sides have not found a perfect solution, but it seems they have found a workable one…
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    PA Supreme Court to PUC: Knock Off the Zoning Reviews (for Now)

    Yesterday, the Pennsylvania State Supreme Court issued a ruling quashing (stopping) the state Public Utility Commission from carrying out some of its duties as specified under PA’s 2012 Marcellus Shale Act 13 law–duties tied to Act 13’s zoning provisions. It is a small and perhaps short-lived victory for the towns who had sued the PUC asking for relief from the PUC’s reviews of their zoning laws. It is a short-lived victory for the towns because the Supreme Court is due to decide on Act 13’s zoning provisions soon, so this decision is in effect until that bigger (and final) decision is made.

    That’s the news. Now, to bring you up to speed on the background of this case and what yesterday’s decision means…
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    USGS: Consider Disposing Nuclear Waste in…Shale?!

    radiationThis is truly rich. While anti-drillers prattle on about how a few gallons of chemicals a mile down in the earth will magically defy gravity and climb uphill through a mile of solid rock to contaminate water supplies (yeah, it NEVER happens), the scientists at the U.S. Geological Survey have written a research paper that says shale is so secure, we ought to consider using it to dispose of spent nuclear waste–stuff that hangs around for millions of years!

    You read the above statement correctly. Scientists at the USGS have just published a paper titled “Can Shale Safely Host U.S. Nuclear Waste?” in EOS, a journal by the American Geophysical Union (full copy embedded below). The conclusion of their investigation into whether or not nuclear waste could be disposed of in shale: “Although shales and similar rocks have not been considered for hosting nuclear waste in the United States, recent research points to them as a very promising option.” Note to emergency rooms throughout the Southern Tier of NY: Prepare to receive large numbers of apoplectic anti-drillers when they read about this…
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    Speakers at JLCNY 5-Year Moratorium Event Take Aim at Gov Cuomo

    Yesterday marked the very sad and tragic five-year anniversary of no shale drilling in New York State. The moratorium, first instituted by then-Gov. David Paterson in 2008, has increasingly frustrated the 77,000 members of the Joint Landowners Coalition of New York (JLCNY). The JLCNY and New York elected representatives made their collective displeasure with the ongoing moratorium known at a rally yesterday in Binghamton, NY. Addressing a packed room of some 150 drilling supporters, the JLCNY’s attorney Scott Kurkoski gave a stirring speech, followed by a number of elected state and local officials. Each of them took direct aim at Gov. Andrew Cuomo, telling him “it’s been long enough” and “it’s time to move forward.” Watch a video of the speeches below (22 minutes long), courtesy WIVT/WBGH News Channel 34.

    The JLCNY also released the following statement yesterday:
    Read More “Speakers at JLCNY 5-Year Moratorium Event Take Aim at Gov Cuomo”

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    The One Fracking Poll Gov Cuomo *Should* Be Worried About

    MDN subscriber and friend Ken Kamlet, an attorney with one of Binghamton’s premier law firms–Hinman, Howard & Kattell (HHK), recently wrote an article for the HHK legal blog that takes a close look at public polling in New York State on the issue of shale drilling and fracking. It’s a marvelous article, both in depth and breadth, providing superb insights into what New Yorkers think about the drilling issue (we recommend you read the whole article).

    In Ken’s conclusion, he hits on the one public poll that should matter the most to NY Gov. Andrew Cuomo. And no, it’s not how many New Yorkers are for or against fracking and shale drilling. The poll that Cuomo should pay attention to is the one that shows a convincing majority of New Yorkers on both sides of the drilling issue believe Cuomo is “dragging his feet” on the drilling issue. Rather than being perceived as careful and deliberative on the drilling issue, he is instead perceived as weak and ineffective, lacking leadership–not good qualities for someone who seeks higher office…
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    Marbletown, NY Frack Ban Passes – 22 Page Manifesto

    Sometimes town leaders in New York State who vote to ban hydraulic fracturing are dullards–they don’t bother to research and understand the legal issues. It makes no difference to them that they’re trampling on the Constitutional property rights of their landowning constituents–the very people they’re sworn to protect (but don’t).

    Other times, town leaders in New York who vote to ban drilling–like those in Marbletown, NY (Ulster County, Middle Hudson Valley area)–are truly, stupendously stupid misguided. What takes most towns a paragraph or two to do, “Don’t drill and frack anywhere in the town,” has taken the brainiacs in Marbletown 22 pages of new regulations to accomplish in their recently enacted fracking ban. And the town supervisor brags about it!…
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    New Congressional Report: How Federal Laws Govern Fracking

    Three Congressional Research Service (CRS) researchers–two of them attorneys and one an environmental policy specialist–recently issued a new CRS report titled “Hydraulic Fracturing: Selected Legal Issues” (full copy embedded below). The 37-page report takes a close look at federal legislation and its governance of/relationship to regulation of hydraulic fracturing. Specifically, the report looks at the Safe Drinking Water Act, the Clean Water Act and the Clean Air Act, along with a number of other federal laws.

    The report also takes a look at state preemption of local zoning regulations when it comes to oil and gas drilling–a hot legal issue in many states, with pending court cases in Pennsylvania, Ohio and New York…
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