Cross-Posted from DeSmogBlog
On December 20, both chambers of the U.S. Congress passed a little-noticed bill to expedite permitting for hydraulic fracturing (“fracking”) on public lands in the Bakken Shale basin, located predominantly in North Dakota. And on December 26, President Obama signed the bill into law.
Days later, on December 30, a Burlington Northern Santa Fe (BNSF) freight train owned by Warren Buffett carrying Bakken fracked oil exploded in Casselton, North Dakota. Locals breathed a smoky sigh of relief that the disaster happened outside the town center. In July 2013, a “bomb train” carrying Bakken oil exploded in Lac-Mégantic, Quebec, killing 47 people.
Dubbed the “Bureau of Land Management (BLM) Streamlining Act,” the bill passed unanimously in the Senate as S.244 and 415-1 in the House as H.R. 767, with Rep. Justin Amash (R-MI) serving as the sole “nay” vote and 16 representatives abstaining. Among the abstentions were representatives Peter Defazio (D-OR), Henry Waxman (D-CA) and John Campbell (R-CA).
H.R. 767′s sponsor is North Dakota Republican Rep. Kevin Cramer, who received $213,150 from the oil and gas industry prior to the 2012 election, and an additional $29,000 for the forthcoming 2014 elections.
Cosponsors include Wyoming Republican Rep. Cynthia Lummis ($109,050 from the oil and gas industry pre-2012 election, $28,500 in the 2014 election cycle), South Dakota Republican Rep. Kristi Noem ($95,501 from the industry pre-2012 election, $20,400 pre-2014) and Montana Republican Rep. Steve Daines ($124,620 pre-2012 election and $87,412 pre-2014).
S.244 is sponsored by Sen. John Hoeven (R-ND), who has taken $291,237 from the oil and gas industry since his 2010 election to Congress. Cosponsor Sen. Heidi Heitkamp (D-ND) received $111,050 from the oil and gas industry since her 2012 electoral victory.
Sen. Hoeven visited BNSF’s Fort Worth, Texas, corporate headquarters on January 3 to meet with the company’s CEO, Matt Rose, “to get an update on the Casselton derailment and measures that can be taken to enhance railroad safety.”
“While it’s a blessing that no one was hurt in this accident, we must now work with the National Transportation Safety Board (NTSB), industry and leaders on all levels to get to the root cause of this week’s derailment,” Hoeven said in a press statement, not mentioning the bill he sponsored will create additional oil-by-rail markets.
“We also need to rigorously review ways that shipping petroleum products by rail can be improved for safety.”
Energy Policy Act of 2005 Amendment
The BLM Streamlining Act passed into law by the Obama administration is actually an amendment to Section 365 of the Bush-era 2005 Energy Policy Act. It creates offices in North Dakota and Montana to rubber stamp fracking permits on public lands in those states.
Section 365 created a “Pilot Project to Improve Federal Permit Coordination” on public lands “to improve coordination of oil and gas permitting…as a means of meeting the Nation’s need for dependable, affordable, environmentally responsible energy,” explains the BLM website.
This compelled BLM to set up field offices to more efficiently fast track oil and gas drilling permits in Rawlins and Buffalo, Wyoming; Miles City, Montana; Farmington and Carlsbad, New Mexico; Grand Junction/Glenwood Springs, Colorado; and Vernal, Utah.
Left out of the original Section 365: North Dakota, the new darling of the U.S. domestic oil fracking scene. The BLM Streamlining Act ”[r]eplaces the Miles City, Montana field office with the Montana/Dakotas State Office,” creating an open season for fracking North Dakota’s public lands.
The Energy Policy Act of 2005 is perhaps most famous for the “Halliburton Loophole,” which exempted the fracking industry from the legal dictates of the Safe Drinking Water Act and other laws. The loophole also made the chemicals contained in “fracking fluid” a trade secret, meaning the industry doesn’t have to disclose the recipe of chemicals injected into the ground in fracking operations.
Obama Executive Order: Fast-Track Bakken Permits
In March 2012, President Obama issued Executive Order 13604, lending an explanation to his signing off on the BLM Streamlining Act.
Obama announced the Order while standing in front of the sections of pipe that would soon become the southern half of TransCanada’s Keystone XL pipeline (now rebranded the “Gulf Coast Pipeline“) in Cushing, Oklahoma (the “pipeline crossroads of the world“) — a pipeline that will be fast-tracked by the Order.