A new study has raised fresh concerns about the safety of gas drilling in the Marcellus Shale, concluding that fracking chemicals injected into the ground could migrate toward drinking water supplies far more quickly than experts have previously predicted.

More than 5,000 wells were drilled in the Marcellus between mid-2009 and mid-2010, according to the study, which was published in the journal Ground Water two weeks ago. Operators inject up to 4 million gallons of fluid, under more than 10,000 pounds of pressure, to drill and frack each well.

Scientists have theorized that impermeable layers of rock would keep the fluid, which contains benzene and other dangerous chemicals, safely locked nearly a mile below water supplies. This view of the earth’s underground geology is a cornerstone of the industry’s argument that fracking poses minimal threats to the environment.

But the study, using computer modeling, concluded that natural faults and fractures in the Marcellus, exacerbated by the effects of fracking itself, could allow chemicals to reach the surface in as little as “just a few years.”

“Simply put, [the rock layers] are not impermeable,” said the study’s author, Tom Myers, an independent hydrogeologist whose clients include the federal government and environmental groups.

“The Marcellus shale is being fracked into a very high permeability,” he said. “Fluids could move from most any injection process.”

The research for the study was paid for by Catskill Mountainkeeper and the Park Foundation, two upstate New York organizations that have opposed gas drilling and fracking in the Marcellus.

Much of the debate about the environmental risks of gas drilling has centered on the risk that spills could pollute surface water or that structural failures would cause wells to leak.

Though some scientists believed it was possible for fracking to contaminate underground water supplies, those risks have been considered secondary. The study in Ground Water is the first peer-reviewed research evaluating this possibility.

The study did not use sampling or case histories to assess contamination risks. Rather, it used software and computer modeling to predict how fracking fluids would move over time. The simulations sought to account for the natural fractures and faults in the underground rock formations and the effects of fracking.

The models predict that fracking will dramatically speed up the movement of chemicals injected into the ground. Fluids traveled distances within 100 years that would take tens of thousands of years under natural conditions. And when the models factored in the Marcellus’ natural faults and fractures, fluids could move 10 times as fast as that.

Where man-made fractures intersect with natural faults, or break out of the Marcellus layer into the stone layer above it, the study found, “contaminants could reach the surface areas in tens of years, or less.”

The study also concluded that the force that fracking exerts does not immediately let up when the process ends. It can take nearly a year to ease.

As a result, chemicals left underground are still being pushed away from the drill site long after drilling is finished. It can take five or six years before the natural balance of pressure in the underground system is fully restored, the study found.

Myers’ research focused exclusively on the Marcellus, but he said his findings may have broader relevance. Many regions where oil and gas is being drilled have more permeable underground environments than the one he analyzed, he said.

“One would have to say that the possible travel times for a similar thing in Arkansas or Northeast Texas is probably faster than what I’ve come up with,” Myers said.

Ground Water is the journal of the National Ground Water Association, a non-profit group that represents scientists, engineers and businesses in the groundwater industry.

Several scientists called Myers’ approach unsophisticated and said that the assumptions he used for his models didn’t reflect what they knew about the geology of the Marcellus Shale. If fluids could flow as quickly as Myers asserts, said Terry Engelder, a professor of geosciences at Penn State University who has been a proponent of shale development, fracking wouldn’t be necessary to open up the gas deposits.

“This would be a huge fracture porosity,” Engelder said. “So I read this and I say, ‘Golly, does this guy really understand anything about what these shales look like?’ The concern then arises from using a model rather than observations.”

Myers likened the shale to a cracked window, saying that samples showing it didn’t contain fractures were small in size and were akin to only examining an intact section of glass, while a broader, scaled out view would capture the faults and fractures that could leak.

Both scientists agreed that direct evidence of fluid migration is needed, but little sampling has been done to analyze where fracking fluids go after being injected underground.

Myers says monitoring systems could be installed around gas well sites to measure for changes in water quality, a measure required for some gold mines, for example. Until that happens, Myers said, theoretical modeling has to substitute for hard data.

“We were trying to use the basic concepts of groundwater and hydrology and geology and say can this happen?” he said. “And that had basically never been done.”

by Abrahm Lustgarten, ProPublica, May 1, 2012, 4:29 p.m.

Image Courtesy of    Adrian Kinloch

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Louisiana, U.S.A. - As much as Louisianans have worked to pass ethics reforms, clean up the Legislature and show the world that the days of political corruption and old-school politics are behind now, the tactics on display last week in the Louisiana Senate Natural Resources Committee demonstrate old-school political-boss politics are still very much alive.

At issue is Louisiana’s process for addressing onshore environmental conditions that may relate to oil drilling activity that occurred decades or even a century ago. A few plaintiffs’ lawyers file huge damage claims in rural parish courtrooms and extort large settlements.

The cases can drag on for years without any environmental clean-up taking place, where needed. Surprisingly state agency research on these lawsuits released this year found that three-quarters of the claims are filed with no significant evidence of any damage, and LSU economic research found the impact to be 30,000 jobs foregone because of these so-called “legacy” lawsuits.

In a direct response to the Louisiana House’s passage of the legacy lawsuit reform bill HB 618 on April 25, 2012, plaintiff-lawyer interests rammed through committee a substitute of another bill, SB 731. The substitute bill, which includes completely new language, was introduced for the first time that morning, and passed in less than an hour with very limited discussion about what the bill actually does. It had not been properly vetted, and the public was not given access to its effects. That’s one heck of a way to pass legislation…

This is the complete opposite of the open, transparent and deliberative committee process led by Rep. Neil Abramson on House-passed legacy reform bill HB 618.

In fact this is reminiscent of same bullying tactics the trial lawyers have used to try to intimidate Rep. Abramson with trumped-up ethics complaints and the ridiculous attempt to discredit the LSU economist who identified significant economic impacts on the state from legacy suits.

It is hoped that “good government” doesn’t evolve into “whatever’s good for a few powerful plaintiffs’ lawyers,” because the Senate committee-passed bill is bad legislation. It’s no wonder they wanted to rush it through committee.

Among the many issues with the substitute bill is that it creates a bureaucratic quagmire by forcing remediation plans to be reviewed and approved by not just the state’s Office of Conservation, but also by the Commissioner of Agriculture, the secretary of the Department of Natural Resources, the secretary of the Department of Wildlife and Fisheries, the secretary of the Department of Environmental Quality, the secretary of the Department of Health and Hospitals, and in some instances the Coastal Protection and Restoration Authority.

How could this agency merry-go-round possibly help to expedite the clean-up process?

Another major issue is tricky language in the bill which suggests the legislation is prospective, meaning it will do nothing to help resolve the backlog of hundreds of lawsuits that are currently stuck in the process.

If the goal is to prolong the process of developing a remediation plan as long as possible, for the purpose of dragging out litigation and forcing settlements to extract as much money from defendants as possible — which is the situation we already have in Louisiana today — it seems this Senate bill will certainly ensure that the legacy abuse will continue. If the goal is to expedite the process and get our land cleaned up more quickly — it is clear the Senate bill is not the solution.

Let Louisiana be a lesson that using old-school politics to bow to the greed of a few plaintiff lawyers does not make good policy.

Image Courtesy of   Gage Skidmore

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In a decision that could set a national precedent for how local governments can regulate gas drilling, a New York state court on Wednesday, February 22, ruled for the first time that towns have the right to ban drilling despite a state regulation asserting they cannot.

At issue was a zoning law in Dryden, a township adjacent to Ithaca and the Cornell University campus, where drilling companies have leased some 22,000 acres for drilling. In August, Dryden’s town board passed a zoning law that prohibits gas drilling within town limits. The next month, Denver-based Anschutz Exploration Corp. sued the town, saying the ban was illegal because state law trumped the municipal rules.

 As Anschutz noted, New York law promotes the development of oil and gas resources in the state. State Supreme Court Justice Phillip Rumsey addressed this point in his decision, writing: “Nowhere in legislative history provided to the court is there any suggestion that the Legislature intended — as argued by Anschutz — to encourage the maximum ultimate recovery of oil and gas regardless of other considerations, or to preempt local zoning authority.”

The Dryden case is merely the latest in a string of similar conflicts arising from Colorado to Pennsylvania that pit local communities against state oil and gas laws. It is common for local governments to zone industrial or commercial land, or to institute ordinances for noise or traffic. When it comes to the development of natural resources like oil and gas, the industry contends that local government shouldn’t make those decisions.

In New York, the controversy over state regulation of fracking has been brewing for years. In 2008, New York effectively put drilling on hold while it launched an environmental analysis of fracking, a process that uses a mix of highly pressurized water, sand and other chemicals to crack the earth deep underground. This is the first ruling on an industry effort to use the mineral extraction law to get around local bans.

In addition to the environmental and health concerns over fracking, which we’ve covered in depth, a fundamental issue has been the rights of localities against state or federal laws. According to Eric Goldstein, a senior attorney for the Natural Resources Defense Council in New York, the right of local governments to determine their own land use has been guaranteed by the Constitution for over a century.

“The argument is simple,” said Goldstein. “New York state laws shouldn’t override the authority of local governments to protect their constituents.”

In New York, two very similarly worded laws govern the regulation of mining and oil and gas drilling. The oil and gas provision gives the state the power to “regulate the development, production and utilization of natural resources of oil and gas.” The town of Dryden argued that it was not trying to regulate fracking but merely trying to protect its citizens and property.

It pointed out that courts have allowed towns to ban mining, and said Dryden should be allowed to do the same for fracking. The justice seemed to agree, concluding that the state’s oil and gas laws don’t prohibit localities from barring drilling.

Anschutz’s lawyer, Thomas West, said he was not sure whether the company would appeal the decision. Even if it does so, said Joseph Heath, an environmental attorney in New York, Tuesday’s win could help set a precedent for other communities. Despite the threat of similar lawsuits from a major corporation, local fracking bans and moratoriums have continued to grow in the last few years. ”People are now concentrating on local governments because that’s the best form of protection against fracking,” said Heath.

Such protection is unlikely to come from the states, as New York’s Department of Environmental Conservation has already deferred to the courts. When ProPublica interviewed the commissioner last year, asked him specifically about the potential for conflict between local municipalities and states. He said it was likely “that the courts will need to decide these issues in a lawsuit between the town and the drilling company, not the state.” Now, it looks as if at least one court has decided.

“[The Dryden case] is an important indicator of how those battles are likely to play out,” said the NRDC’s Goldstein, “although it’s not the final word.”

by Lena Groeger, ProPublica, Feb. 22, 2012, 5:51 p.m.

Image Courtesy of   http://www.flickr.com/photos/akinloch/

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The energy company CronocoPhillips and their Chinese section has not effectively stopped or cleaned up offshore spills in the Bohai Bay, according to China’s Oceanic Agency. The spills, which occurred on June 4 and June 17, releasing approximately 700 barrels of oil into Bohai Bay and 2,500 barrels of mineral oil-based drilling mud onto the seabed, have raised an outcry among environmentalists.

The State Oceanic Administration said its investigation discovered that the company had failed to completely clean up damage from the spills and to ensure leaks would not recur. The agency also ordered the company to halt all gas and oil production in the area off China’s eastern coast, until effective measures are taken to prevent further oil leaks as well as ensure that any remaining spills are completely removed.

It also called for a full environmental impact assessment before production can be resumed. CronocoPhillips said it was drawing up a compliance plan along with its partner in the Bohai Bay, China National Offshore Oil Corp (CNOOC). “Activities that are related to depressurizing the field will continue in a safe and environmentally responsible way,” it said in a statement released by CronocoPhillips at the beginning of September.

CronocoPhillips China holds a 49 percent stake in the venture in the Penglai 19-3 oil field, being its sole operator, with CNOOC holding 51 percent. Both companies have publicly apologized for the incident. Initially, CronocoPhillips reported that the spills have been entirely removed. The company also said the fault causing the leak was sealed and that the situation was basically under control.

Despite the companys reassuring statements, the State Oceanic Administration and the Chinese press clearly expressed its dissatisfaction towards the manner in which the oil giant has handled the problem. The People’s Daily severely criticized the company, saying that CronocoPhillips issued misleading statements over the spills while displaying “indifference” over the harm caused to the environment.

According to the publication, CronocoPhillips strove more to protect its image and did not put enough effort into safeguarding the environment after the spill was made public in early June. “There is a sharp contrast between the company’s sensitivity regarding its image and its indifference to the pollution,” People’s Daily commentator Jiang Hongbing said in unambiguous terms.

“After repeated delays and a series of cover-ups and deceptions, production at the Penglai 19-3 oil field has finally been ordered to stop.” The government also says that the spills spread up to 5,5000 square kilometers(2,124 miles) and may have killed scallops.

CronocoPhillips declared that damage to the marine environment was minimized and that oil traces discovered onshore were not related to the spills but were from fuel in the water. The comments made by the oceanic administration at the beginning of September suggest a clash of opinions over how to handle the seeps.

It is believed that pressure had built up underground due to injections used to help force oil from the wells. The notice issued by China’s Oceanic Agency ordered CronocoPhillips to accept CNOOC’S “strict supervision” in preventing further spills and recently has also threatened to sue the company.

Environmental groups complained about the slow pace of the cleaning operations, while fishermen in Shandong, Hebei and Liaoning provinces claim that oil has killed off most marine life. Another consequence of the incident was a drop in CNOOC’s shares in early September, which fell 8.8 percent in Hong Kong.
Lorraine Kourafas / Shutterstock.com

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When even an extreme congressman is starting to call you out, you are in trouble.  Rep. Allen West called Rep. Michele Bachmann’s suggestion for drilling oil in the Florida Everglades “an incredible faux pas.”

Over the weekend, Bachmann spoke at a campaign stop in Florida. “The United States needs to be less dependent on foreign sources of energy and more dependent upon American resourcefulness,” Bachmann said. “Whether that is in the Everglades, or whether that is in the eastern Gulf region, or whether that’s in North Dakota, we need to go where the energy is.”

The Republican presidential candidate added, “Of course it needs to be done responsibly. If we can’t responsibly access energy in the Everglades then we shouldn’t do it.”

Rep. Allen West, a strange tea partier known for making his own outlandish statements, pounced on Bachmann’s statement almost instantly. West said during a town hall event in Florida, his home state, “When I see her next week, I’ll straighten her out about that.”

West is not the only person pointing out the potential environmental disaster in Bachmann’s statement. Florida Senator Bill Nelson, a Democrat, said, “To go in the middle of the Everglades and to spoil the river of grass just because somebody wants to, that’s not a wise thing to do.”

Bachmann, who has previously stated she would abolish the Environmental Protection Agency, said she would rely on experts to determine where to drill. The same experts who thought deepwater drilling in the Gulf of Mexico was a good idea? “No one wants to hurt or contaminate the earth. … We don’t want to harm our water, our ecosystems or the air.

That is a minimum bar,” she said, according to the Associated Press. “From there, though, that doesn’t mean that the two have to be mutually exclusive. We can protect the environment and do so responsibly, but we can also protect the environment and not kill jobs in America and not deny ourselves access to the energy resources that America’s been so blessed with.”

A CBS reporter in Miami asked Bachmann about her call for drilling, asking, “Why would you invade that natural resource with gas and oil drilling?” Bachmann responded, “Let’s access this wonderful treasure trove of energy that God has given us in this country. Let’s access it responsibly.”

However, many experts do not know if there is any oil beneath the Everglades. A geologist from University of South Florida told CBS News that it doesn’t seem to harbor any “treasure trove.”

“There is no known evidence that there is a significant hydrocarbon deposit beneath the Everglades,” Dr. Albert Hine said.

Image Courtesy of  http://www.flickr.com/photos/gageskidmore/

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