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Obama Admin. Approves ALEC Model Bill for Fracking Chemical Fluid Disclosure on Public Lands

11:27 am in Uncategorized by Steve Horn

Natural gas drilling

On May 16, the Obama Interior Department announced its long-awaited rules governing hydraulic fracturing (“fracking”) on federal lands.

As part of its 171-page document of rules, the U.S. Bureau of Land Management (BLM), part of the U.S. Dept. of Interior (DOI), revealed it will adopt the American Legislative Exchange Council (ALEC) model bill written by ExxonMobil for fracking chemical fluid disclosure on U.S. public lands.

ALEC is a 98-percent corporate-funded bill mill and “dating service” that brings predominantly Republican state legislators and corporate lobbyists together at meetings to craft and vote on “model bills” behind closed doors. Many of these bills end up snaking their way into statehouses and become law in what Bill Moyers referred to as “The United States of ALEC.”

BLM will utilize an iteration of ALEC’s “Disclosure of Hydraulic Fracturing Fluid Composition Act” – a bill The New York Times revealed was written by ExxonMobil - for chemical fluid disclosure of fracking on public lands and will do so by utilizing FracFocus.org‘s voluntary online chemical disclosure database.

In a way, it’s all come full circle. As we covered here on DeSmogBlog, the original chemical disclosure standards and the decision to utilize FracFocus’ database came from the Obama Dept. of Energy’s (DOE) industry-stacked Fracking Subcommittee formed in May 2011. DOE gave a $1.5 million grant to FracFocus.

The Texas state legislature soon thereafter adopted the first bill making FracFocus the fracking chemical disclosure database at the state level in June 2011. Since then, it’s been off to the races, with the Council of State Governments adopting the TX bill as model bill in Aug. 2011, ALEC adopting it as a model bill in Oct. 2011, and the bill becoming state law in Colorado, Pennsylvania and other states.

Both the Illinois and Florida state legislatures have also tried to push through this model, but it died dead in its tracks.

FracFocus has been an anemic and failed effort by the Obama Admin. to alter the George W. Bush Admin. “Halliburton Loophole” standards for fracking chemical disclosure, which allowed the recipe of fracking chemicals to remain a “trade secret.” It’s amounted to nothing more than the same game by a different name, with a Harvard study recently giving FracFocus a “failing grade.”

The FracFocus Façade: “Truck-Sized” Disclosure Loopholes

Almost two years after FracFocus‘ debut, it is important to scrutinize its disastrous performance.

“Drilling companies in Texas, the biggest oil-and-natural gas producing state, claimed similar exemptions about 19,000 times this year through August,” explainedBloomberg in a Dec. 2012 investigation. “Trade-secret exemptions block information on more than five ingredients for every well in Texas, undermining the statute’s purpose of informing people about chemicals that are hauled through their communities and injected thousands of feet beneath their homes and farms.”

One representative from Texas – the original FracFocus state – said it allows “truck-sized” loopholes in chemical disclosure. An earlier investigative effort by Bloomberg explained just how big these 18-wheelers are.

“Energy companies failed to list more than two out of every five fracked wells in eight U.S. states from April 11, 2011, when FracFocus began operating, through the end of last year,” wrote Bloomberg. “The gaps reveal shortcomings in the voluntary approach to transparency on the site, which has received funding from oil and gas trade groups and $1.5 million from the U.S. Department of Energy.”

This moved U.S. Rep. Diane DeGette, author of the FRAC Act – which would mandate actual fracking chemical disclosure, although it’s never garnered more than a handful of co-sponsors - to say FracFocus offers nothing more than the mirage of transparency.

FracFocus is just a fig leaf for the industry to be able to say they’re doing something in terms of disclosure,” she said.

“Fig leaf” is a generous way of putting it. After all, FracFocus is merely a PR front for the oil and gas industry.

FracFocus‘ domain is registered by Brothers & Company, a public relations firm whose clients include industry lobbying tour de force America’s Natural Gas Alliance (ANGA), Chesapeake Energy, and American Clean Skies Foundation – a front group for Chesapeake Energy.

ALEC Model Bill Gone U.S. Public Lands in BLM Rules

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ALEC Sham Chemical Disclosure Model Tucked Into Illinois Fracking Bill

12:29 pm in Uncategorized by Steve Horn

Cross-Posted from DeSmogBlog

Illinois Capitol Dome

Illinois is the next target for ALEC's environmental tampering.

Illinois is the next state on the American Legislative Exchange Council (ALEC)‘s target list for putting the oil industry’s interests ahead of the public interest.

98 percent funded by multinational corporations, ALEC is described by its critics as a “corporate bill mill” and a lobbyist-legislator dating service. It brings together corporate lobbyists and right wing politicians to vote up or down on “model bills” written by lobbyists in service to their corporate clientele behind closed doors at its annual meetings.

These “models” snake their way into statehouses nationwide as proposed legislation and quite often become the law of the land.

Illinois, nicknamed the “Land of Lincoln,” has transformed into the “Land of ALEC” when it comes to a hydraulic fracturing (“fracking”) regulation bill - HB 2615, the Hydraulic Fracturing Regulation Act - currently under consideration by its House of Representatives. “Fracking” is the toxic horizontal drilling process via which unconventional gas and oil is obtained from shale rock basins across the country and the world.

HB 2615 - proposed on Feb. 21 with 26 co-sponsors - has an ALEC model bill roped within this lengthy piece of legislation: the loophole-ridden Disclosure of Hydraulic Fracturing Fluid Composition Act.

As covered here on DeSmogBlogthis model bill has been proposed and passed in numerous statehouses to date. If the bill passes, Illinois’ portion of the New Albany Shale basin will be opened up for unfettered fracking, costumed by its industry proponents as the “most comprehensive fracking legislation in the nation.”

“If At First You Don’t Succeed, Dust Yourself Off and Try Again”

This isn’t ALEC’s first fracking-related crack at getting a model bill passed in Illinois. In 2012, the Disclosure of Hydraulic Fracturing Fluid Composition Act – introduced as SB 3280 - passed unanimously by the Illinois Senate but never passed the House.

SB 3280 isn’t merely an ALEC model, but is a Council of State Government’s (CSG) model, too, as covered here on DeSmog.

The “disclosure” standards’ origins lay in the Obama Department of Energy’s (DOE) industry-stacked fracking subcomittee, formed in May 2011 ”to study the practice of hydraulic fracturing (fracking), and determine if there are ways, or even a necessity, to make it safer for the environment and public health.”

As exposed by The New York Times in April 2012, these ”disclosure” standards were originally written by ExxonMobil, first passed in Texas in June 2011, and now serve as both an ALEC and CSG model bill for the states. I say “disclosure” – as opposed to disclosure – because the bill includes loopholes for “trade secrets,” ala the “Halliburton Loophole” written into the industry-friendly federal Energy Policy Act of 2005.

Section 77 of HB 2615, titled “Chemical disclosure; trade secret protection,” also includes the same trade secrets exemption from the ALEC/CSG ExxonMobil-written model bill.

Ever persistent, ALEC has taken the late pop diva Aaliyah’s words to heart with regards to chemical fluids “disclosure,” at first not succeeding and dusting itself off and trying again.

The FracFocus Façade

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Ed Rendell Intervened For Fracking Giant Range Resources to Stop Texas EPA Water Contamination Case

7:06 am in Uncategorized by Steve Horn

Ed Rendell

Ed Rendell

A breaking investigation by EnergyWire appears to connect the dots between shadowy lobbying efforts by shale gas fracking company Range Resources, and the Obama EPA’s decision to shut down its high-profile lawsuit against Range for allegedly contaminating groundwater in Weatherford, TX.

At the center of the scandal sits former Pennsylvania Gov. Ed Rendell, the former Chairman of the Democratic National Committee and the National Governors’ Association.

Just weeks ago, the Associated Press (AP) broke news that the U.S. Environmental Protection Agency (EPA) shut down the high-profile Texas lawsuit and buried an accompanying scientific report obtained during the lawsuit’s discovery phase in March 2012.

That confidential report, contracted out to hydrogeologist Geoffrey Thyne by the Obama EPA, concluded that methane found in the drinking water of a nearby resident could have originated from Range Resources’ nearby shale gas fracking operation.

Range Resources – which admitted at an industry conference that it utilizes psychological warfare (PSYOPs) tacticson U.S. citizens – launched an aggressive defense against the EPA’s allegations that the company might be responsible for contaminating resident Steve Lipsky’s groundwater.

AP explained in its investigation that resident Steve Lipsky, who has a wife and three young children, had “reported his family’s drinking water had begun ‘bubbling’ like champagne” and that his “well…contains so much methane that the…water [is] pouring out of a garden hose [that] can be ignited.”

In response, the Obama EPA ordered Range to halt fracking. Range was non-cooperative every step of the way, refusing to comply with the legal dictates of the discovery phase and not complying with the censored water sample study implicating the company with groundwater contamination.

The new twist exposed by EnergyWire‘s Mike Soraghan is that Ed Rendell, acting “as a spokesman for Range” Resources, “proposed certain terms” to EPA Administrator Lisa Jackson. Exactly what was said remains unclear, but the EPA ultimately dropped its case against Range.

Over a thousand pages of emails obtained by EnergyWire “offer behind-the-scenes insights in a case that has come to be seen as a major retreat by the agency amid aggressive industry push-back and support for natural gas drilling by President Obama.”

Rendell: Range’s Chosen One or Rogue Lobbyist?

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Three States Pushing ALEC Bill To Require Teaching Climate Change Denial In Schools

7:23 am in Uncategorized by Steve Horn

Cross-Posted from DeSmogBlog

The American Legislative Exchange Council (ALEC) - known by its critics as a “corporate bill mill” – has hit the ground running in 2013, pushing “models bills” mandating the teaching of climate change denial in public school systems.

January hasn’t even ended, yet ALEC has already planted its ”Environmental Literacy Improvement Act“ - which mandates a “balanced” teaching of climate science in K-12 classrooms - in the state legislatures of Oklahoma, Colorado, and Arizona so far this year.

In the past five years since 2008, among the hottest years in U.S. history, ALEC has introduced its “Environmental Literacy Improvement Act“ in 11 states, or over one-fifth of the statehouses nationwide. The bill has passed in four states, an undeniable form of “big government” this “free market” organization decries in its own literature.

ALEC’s ”model bills” are written by and for corporate lobbyists alongside conservative legislators at its annual meetings. ALEC raises much of its corporate funding from the fossil fuel industry, which in turn utilizes ALEC as a key - though far from the only - vehicle to ram through its legislative agenda through in the states.

A Frankenstein Co-Created with Heartland Institute

DeSmogBlog investigation last year found that the Environmental Literacy Improvement Act’s origins date back to 2000.

The Act’s creation is directly connected to the ongoing efforts of another corporate-funded group, the Heartland Institute – of “Heartland Institute Exposed” fame – a group well plugged into the climate change denial machine.

ALEC’s Natural Resources Task Force, now known as its Energy, Environment and Agriculture Task Force, adopted this model at a time when the Task Force was headed by Sandy Liddy Bourne. Bourne, who served in this capacity from 1999-2004, would eventually ascend to the role of Director of Legislation and Policy for ALEC in 2004.

Upon leaving ALEC in 2006, Bourne become Heartland’s Vice President for Policy Strategy. Today she serves as Executive Director of the American Energy Freedom Center, an outfit she co-heads with Arthur G. Randol. Randol is a longtime lobbyist and PR flack for ExxonMobil, a corporation which endowed the climate change denial machine for years.

Heartland’s website still lists Bourne as one of its “experts,” stating that ”Under her leadership, 20 percent of ALEC model bills were enacted by one state or more, up from 11 percent.”

Importantly, Heartland is still a member of ALEC’s Energy, Environment and Agriculture Task Force that originally passed the Environmental Literacy Improvement Act.

According to internal documents leaked to and published by DeSmogBlog in Feb. 2012, Heartland obtained funding for a “Global Warming Curriculum for K-12 Classrooms” project beginning in 2012. This curriculum aims to teach that there “is a major controversy over whether or not humans are changing the weather.”

If this sounds similar to ALEC’s model bill, it should, given the fact that the two outfits share funding from the same honey pot. In fact, Heartland actively promotes the ALEC model on its website.

Model Bill Introduced in OK, CO, and AZ
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ALEC, CSG, ExxonMobil Fracking Fluid “Disclosure” Model Bill Failing By Design

11:02 am in Uncategorized by Steve Horn

Cross-Posted from DeSmogBlog

Official portrait of Representative DeGette

Representative Diana DeGette says fracking bills make a mockery of disclosure.

Last year, a hydraulic fracturing (“fracking”) chemical fluid disclosure “model bill” was passed by both the Council of State Governments (CSG) and the American Legislative Exchange Council (ALEC). It proceeded to pass in multiple states across the country soon thereafter, but as Bloomberg recently reported, the bill has been an abject failure with regards to “disclosure.”

That was by design, thanks to the bill’s chief author, ExxonMobil.

Originating as a Texas bill with disclosure standards drawn up under the auspices of the Obama Administration’s Department of Energy Fracking Subcommittee rife with oil and gas industry insiders, the model is now codified as law in Colorado, Pennsylvania, and Illinois.

Bloomberg reported that the public is being kept “clueless” as to what chemicals are injected into the ground during the fracking process by the oil and gas industry.

“Truck-Sized” Loopholes: Fracking Chemical Fluid Non-Disclosure by Design

“Drilling companies in Texas, the biggest oil-and-natural gas producing state, claimed similar exemptions about 19,000 times this year through August,” explained Bloomberg. “Trade-secret exemptions block information on more than five ingredients for every well in Texas, undermining the statute’s purpose of informing people about chemicals that are hauled through their communities and injected thousands of feet beneath their homes and farms.”

For close observers of this issue, it’s no surprise that the model bills contain “truck-sized” loopholes.

“A close reading of the bill…reveals loopholes that would allow energy companies to withhold the names of certain fluid contents, for reasons including that they have been deemed trade secrets,” The New York Times explained back in April.

Disclosure Goes Through FracFocus, PR Front For Oil and Gas Industry

The model bill that’s passed in four states so far mandates that fracking chemical fluid disclosure be conducted by FracFocus, which recently celebrated its one-year anniversary, claiming it has produced chemical data on over 15,000 fracked wells in a promotional video.

The reality is far more messy, as reported in an August investigation by Bloomberg.

“Energy companies failed to list more than two out of every five fracked wells in eight U.S. states from April 11, 2011, when FracFocus began operating, through the end of last year,” wrote Bloomberg. “The gaps reveal shortcomings in the voluntary approach to transparency on the site, which has received funding from oil and gas trade groups and $1.5 million from the U.S. Department of Energy.”

This moved U.S. Representative Diana DeGette (D-CO) to say that FracFocus and the model bills it would soon be a part of make a mockery of the term “disclosure.”

“FracFocus is just a fig leaf for the industry to be able to say they’re doing something in terms of disclosure,” she said.

“Fig leaf” is one way of putting it.

Another way of putting it is “public relations ploy.” As Dory Hippauf of ShaleShock Media recently revealed in an article titled “FracUNfocusED,” FracFocus is actually a PR front for the oil and gas industry.

Hippauf revealed that FracFocus‘ domain is registered by Brothers & Company, a public relations firm whose clients include America’s Natural Gas Alliance, Chesapeake Energy, and American Clean Skies Foundation – a front group for Chesapeake Energy.

Given the situation, it’s not surprising then that “companies claimed trade secrets or otherwise failed to identify the chemicals they used about 22 percent of the time,” according to Bloomberg‘s analysis of FracFocus data for 18 states.

Put another way, the ExxonMobil’s bill has done exactly what it set out to do: business as usual for the oil and gas industry. Read the rest of this entry →

Shale Gas Bubble About to Burst: Art Berman, Bill Powers

4:55 pm in Uncategorized by Steve Horn

Cross-Posted from DeSmogBlog

Food and Water Watch recently demonstrated that the dominant narrative, “100 years” of unconventional oil and gas in the United States, is false. At most, some 50 years of this dirty energy resource may exist beneath our feet.

Bill Powers, editor of Powers Energy Investor, has a new book set for publication in May 2013 titled, “Cold, Hungry and in the Dark: Exploding the Natural Gas Supply Myth.”

Powers’ book will reveal that production rates in all of the shale basins are far lower than the oil and gas industry is claiming and are actually in alarmingly steep decline. In short, the “shale gas bubble” is about to burst.

In a recent interview, Powers said the “bubble” will end up looking a lot like the housing bubble that burst in 2008-2009, and that U.S. shale gas will last no longer than ten years. He told The Energy Report:

My thesis is that the importance of shale gas has been grossly overstated; the U.S. has nowhere close to a 100-year supply. This myth has been perpetuated by self-interested industry, media and politicians…In the book, I take a very hard look at the facts. And I conclude that the U.S. has between a five- to seven-year supply of shale gas, and not 100 years.

The hotly-anticipated book may explain why shale gas industry giants like Chesapeake Energy have behaved more like real estate companies, making more money flipping over land leases than they do producing actual gas.

Powers told The Energy Report:

Put simply: There is production decline in the Haynesville and Barnett shales. Output is declining in the Woodford Shale in Oklahoma. Some of the older shale plays, such as the Fayetteville Shale, are starting to roll over. As these shale plays reverse direction and the Marcellus Shale slows down its production growth, overall U.S. production will fall.

Powers believes we are quickly approaching a gas crisis akin to what occured in the 1970′s and because of that, prices will soon skyrocket.

Art Berman Also Sounds the “Shale Gas Bubble” Alarm

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Locking in Dirty Energy Demand: GE Signs Deal with Clean Energy Fuels for Gas-Powered Vehicles

1:31 pm in Uncategorized by Steve Horn

Cross-Posted from DeSmogBlog

On November 13, Clean Energy Fuels (CEF) signed a deal with General Electric (GE) to purchase its natural gas vehicle fueling assets in an effort to expand what it describes as “America’s Natural Gas Highway.”

CEF is owned on a 20.8 percent basis by T. Boone Pickens, energy magnate and owner of the hedge fund, BP Capital. Andrew Littlefair, President and CEO of CEF, described the deal as one of the “most significant milestones in Clean Energy’s history.”

The deal, “will enable trucks to operate [on natural gas] coast to coast and border to border.”

Forbes dug into the nuts-and-bolts of the deal:

In particular, Clean Energy has agreed to buy two MicroLNG plants from GE Oil and Gas (with up to $200 million in GE financing), to be operational by 2015. These modular units can quickly liquefy natural gas off of any pipeline, producing up to 250,000 gallons per day – enough to fuel 28,000 trucks – while minimizing the associated physical footprint.

In summer 2011, CEF signed another big deal with Chesapeake Energy it coined the “Declaration of Energy Independence,” with Chesapeake giving $150 million in capital to CEF to bolster its natural gas vehicle infrastructure.

Natural gas vehicles are an underexamined side of the battle brewing over the future of hydraulic fracturing (“fracking”) in the North America, but a key niche market controlled by the likes of CEF and Chesapeake Energy.

Locking in Demand for Shale Gas, Fracking the Future

According to a recent report published by Food and Water Watch, only 3-percent of vehicles currently on the road in the United States are fueled by natural gas. Though 3-percent may seem trivial, Food and Water Watch believes it’s a key mechanism to ensure the “shale gas bubble” doesn’t pop, writing,

Locking-in future increases in demand for U.S. natural gas — through increased consumption in the transportation and electricity sectors and through increased exports to foreign markets — appears to be part of the industry’s long-term strategy for ensuring that natural gas prices are high enough to make shale gas development profitable.

CEF has big plans for natural gas vehicles and says it hopes to have 150 filling stations by the end of 2013. Shell Oil also has its sights on building 100 stations as well, according to Forbes.

“America’s Natural Gas Highway,” given the climate and ecosystem impacts of fracking the future, looks much more like what the legendary band AC/DC would describe as a “Highway to Hell.”

Photo by lawrence’s lenses under Creative Commons license.

Shale Gas Bubble Bursting: Report Debunks “100 Years” Claim for Domestic Unconventional Oil and Gas

1:56 pm in Uncategorized by Steve Horn

Cross-Posted from DeSmogBlog

Food and Water Watch (FWW) released a report today titled “U.S. Energy Security: Why Fracking for Oil and Natural Gas Is a False Solution.”

Rows of gas tanks

Gas from a shale deposit in Pennsylvania

It shows, contrary to industry claims, there aren’t 100 years of unconventional oil and gas sitting below our feet, even if President Barack Obama said so in his 2012 State of the Union Address. Far from it, in fact.

The report begs the disconcerting question: is the shale gas bubble on its way to bursting?

FWW crunched the numbers, estimating that there are, at most, half of the industry line, some 50 years of natural gas and much less of shale gas. This assumes the industry will be allowed to perform fracking in every desired crevice of the country. These are the same basins that advocates of hydraulic fracturing (“fracking”) claim would make the U.S. the “next Saudi Arabia.”

“The popular claim of a 100-year supply of natural gas is based on the oil and gas industry’s dream of unrestricted access to drill and frack, and it presumes that highly uncertain resource estimates prove accurate,” wrote FWW. “Further, the claim of a century’s worth of natural gas ignores plans to export large amounts of it overseas and plans for more domestic use of natural gas to fuel transportation and generate electricity.”

The race is on for the gas industry to export unconventional gas on the global market, implement a gas-powered utilities sector, and create a gas-powered vehicle market. Due to these races, FWW says that the resource is being depleted at a rate far more quickly than the industry would like to admit to the mass public, writing,

The oil and gas industry’s plans to export shale gas, America’s supposed ticket to energy security, reveal that the only thing the industry seeks to secure is its bottom line. But the oil and gas industry’s push to increase U.S. dependence on natural gas in the transportation and electricity sectors is perhaps even more insidious.

The unfortunate reality is that peak domestic production may have passed, and over the coming years, production rates will likely decline. This means short-term, profit-oriented thinking will lead to contaminated air, polluted water, human health impacts, and even the industrialization of university campuses. Most importantly of all, it means a continued assault on the global climate, which makes for deadly and expensive extreme weather events. Think Hurricane Sandy.All for a few decades of further fossil fuel addiction that doesn’t solve any of the problems that future generations will face.

FWW explained,

The United States consumed about 18.8 million barrels of oil per day in 2011, yet it produced only an estimated 0.55 million barrels of tight oil per day. The EIA does project that tight oil production will increase, but to only about 1.2 million barrels per day between now and 2020, peaking at 1.33 million barrels per day in 2029 before starting to decline. This peak would amount to only about 7 percent of the 18.8 million barrels per day consumed in the United States in 2011.

It’s these numbers that have moved analysts to discover that the unconventional oil and gas craze is a potential economic crisis rather than a blessing, not to mention the accompanying climate and ecosystem costs and consequences of fracking the future.

Chesapeake Energy Tied to Mansfield, OH Bill of Rights Astroturf Attack

1:10 pm in Uncategorized by Steve Horn

Cross-Posted from DeSmogBlog

The oil and gas industry is waging an 11th hour astroturf campaign in Mansfield, OH in an attempt to defeat the “Community Bill of Rights“ referendum.

A “yes” vote would, in effect, prohibit hydraulic fracturing (“fracking”) injection wells in Mansfield, a city of 48,000 located in the heart of the Utica Shale basin between Cleveland and Columbus.

In March 2012, the Ohio Department of Natural Resources (ODNR) conducted a study linking the 12 earthquakes that have occurred in Youngstown, OH to injection wells located in the city. Further, recent investigative reports by ProPublica show that these new dumping grounds – with a staggering 150,000 injection wells in 33 states and 10 trillion gallons of toxic fluid underground - are a public health hazard in the making.

And yet, for the most part, hardly anyone is talking about it.

Preferred Fluids Management LLC is the upstart business that received two well injection permits from the ODNR in the spring of 2011 that motivated the “Bill of Rights” initiative. Industry front groups ranging from Energy in Depth (EID), Energy CitizensOhio Energy Resource Alliance and “Mansfielders for Jobs” are leading the charge in the astroturf campaign to defeat it.

Why, though, has the fracking industry put so much time and effort into the placement of a measly two injection wells in Mansfield for this relatively unheard of LLC? Michael Chadsey of EID Ohio explained the importance of the waste dumping grounds at a forum on Jan. 30, 2012, stating,

If for some reason they just said, you know, we’re going to stop this process, eventually the tanks that are on-site are going to get filled up. And then all the drilling pads are going to have to shut down and all of the truck drivers will have to stop.

So…this is the part of the process that is the end part of the process. When you shut down the end, you can’t even start or continue because you have to have all the pieces of the puzzle to make this thing move. Everything is interconnected.

There’s that and then there’s the fact that Preferred Fluids Management LLC isn’t merely a “new kid on the block.” Owned and founded by Steven Mobley, the business has a story of its own worthy of sharing, as it’s closely connected to gas industry powerhouse, Chesapeake Energy.

Preferred Fluids Management LLC: A Quick Primer

According to documents on the Ohio Secretary of State’s Division of Corporations website, Preferred Fluids Management was originally incorporated in February 2010. Since then, fracking waste injection wells have been in the eye of the backlash storm from grassroots activists, environmental NGOs, lawyers, and both federal- and state-level regulators nationwide.

In Ohio, this ongoing backlash motivated Preferred Fluids to withdraw its Mansfield well permits on June 26, 2012.

“While this withdrawal appears to be a city victory over a company that sought to injection toxic poison into our soil, the city must remain vigilant against other companies,” Mansfield Mayor Tim Theaker and Law Director John Spon declared.

Roughly three weeks later, Preferred Fluids responded by filing a federal lawsuit in the Northern District Court of Ohio, stating that Mansfield “has no right under Ohio law to regulate the injection wells,” according to the Cleveland Plain Dealer. In response to the lawsuit, on Sept. 9 the Mansfield City Council voted to put the “Community Bill of Rights” referendum on the ballot for the Nov. 6 election.

The crazy set of twists and turns continued, when on Oct. 19, perhaps seeing that it’d been one-upped by the citizens of Mansfield, Preferred Fluids decided to drop its federal lawsuit.

“The need to adopt the charter amendment is even greater because it’s very possible that this industry is just regrouping to commence another assault,” Mansfield Law Director John Spon told the Mansfield News Journal, foreshadowing the astroturf battle citizens and grassroots activists are facing in Mansfield.

On Oct 5, 2011 Preferred Fluids Management owner Steven Mobley also incorporated a new company, Buckeye Brine LLC, according to the Ohio Department of State’s Division of Corporations. “It seeks to be a positive force in the communities in which it operates, buying and hiring locally whenever possible, with a strong commitment to local community causes,” according to Buckeye Brine’s website.

The Coshocton Tribune explained that, like Mobley’s Preferred Fluids Management proposal in Mansfield, the plan is to place two injection wells in Coshocton, a city of just over 11,000 southeast of Mansfield.

Buckeye Brine says it will only bring five jobs to Coshocton and has the capacity to process 4,000 to 5,000 barrels of waste fluids a day, according to the Tribune.

Mobley Family Connection to Chesapeake, Injection Wells, Earthquakes

The unanswered question remains on the table: who is Steven Mobley?

Steven Mobley’s brother is David Mobley, who currently serve as Chief Adminstrative Officer and formerly served as Land Manager of Chesapeake Operating Inc., a subsidiary of Chesapeake Energy.

Steven and David were both formerly partial co-owners of their family business, Mobley Environmental Services, according to Securities and Exchange Commission (SEC) forms. Businessweek‘s profile for Mobley Environmental Services reads,

In May 1997, Mobley Environmental Services, Inc. sold its only operating division, waste management services, to United States Filter Corporation…It also provided oilfield services, including transporting, marketing, storing, and disposing of various liquid materials used or produced as waste throughout the lifecycle of oil and gas wells.

In 1999, Vivendi Environnement aquired United States Filter Corporation for $6.2 billion. Vivendi Environnement is now known as Veolia Environnement and remains in the oil and gas industry wastewater treatment sector. Facing hard financial times in 2004, Veolia sold US Filter for $1 billion to the German corporation, Siemens, which is also in the oil and gas industry wastewater treatment business.

The frightening and growing nexus between the water privatization industry, the shale gas industry, and the wastewater treatment industry has been pointed out in reports authored by both the Colorado Independent and Food and Water Watch.

Like Mobley Environmental Services and its predecessors – and like Preferred Fluids Management and Buckeye Brine – Chesapeake Operating is also in the fracking wastewater injection business, notorious for its activity in Arkansas.

Paralleling Ohio, Arkansas, home of the Fayetteville Shale basin, has seen over 1,200 waste injection well-related earthquakes, leading the Arkansas Oil and Gas Commission to place a ban on injection wells in July 2011 in the area where the earthquakes were most prevalent, though there are still wells in other areas across the state. A February 2011 magnitude 4.7 earthquake near Greenbrier, “was the most powerful to hit the state in 35 years,” according to the Associated Press.

AP further explained that Chesapeake Energy was one of the main well injection operating culprits:

The two injection wells are used to dispose of wastewater from natural-gas production. One is owned by Chesapeake Energy, and the other by Clarita Operating. They agreed March 4 to temporarily cease injection operations at the request of the Arkansas Oil and Gas Commission.

The barrage of earthquakes served as a motivation for an ongoing class action lawsuit filed by Emerson Poynter LLP in May 2011 at the federal-level Faulkner County Circuit Court in Conway, AR against Chesapeake Operating, as well as BHP Billiton, Petroleum Americas Inc., and Clarita Operating LLC.

In a press release, Emerson Poynter explained it is suing for “millions of dollars in damages for property damage, loss of fair market value in real estate, emotional distress, and damages related to the purchase of earthquake insurance.”

Since the closure of the two injection wells, the number of earthquakes occuring in the area has fallen dramatically, according to the Arkansas Geological Survey.

Chesapeake is closely tethered to or is a member of all of the front groups waging the gas industry’s astroturf campaign in Mansfield, except for the shadowy “Mansfielders for Jobs,” including Energy in DepthAmerican Petroleum Institute, the Buckeye Energy Forum (API front group), and the Ohio Energy Resource Alliance (OERA).

OERA is an API front group led by the former head of the Koch-funded Americans for Prosperity Ohio, Rebecca Heimlich, who now also serves as Campaign Manager for API Ohio. OERA’s members include EID Ohio, API, the Ohio Oil & Gas Association (OOGA), and America’s Natural Gas Alliance, among others. Chesapeake is also a member of OOGA and ANGA.

Big Picture: Chesapeake’s Big Plans in the Utica Shale

Cheseapeake, a company currently in deep financial straits, sees the Utica Shale basin as a potential saving grace, with Forbes saying that the Utica is “crucial for Cheseapeake’s future” in a July article.

In a recent call with investors, controversial CEO Aubrey McClendon said he’s “thrilled” with its potential. He also said that Chesapeake is particularly focused on production in Columbiana, Carroll and Harrison counties.

These counties are all within 50-100 miles of Richland and Coshocton counties, the two counties where Preferred Fluid Management LLC’s and Buckeye Brine LLC’s operations are both set to be located, respectively. That makes Richland and Coshocton easily accessible dumping grounds for Chesapeake’s toxic waste.

The fracking waste injection business is a burgeoning and lucrative one, but with it comes huge costs that go above and beyond earthquakes alone.

“In 10 to 100 years we are going to find out that most of our groundwater is polluted,” Mario Salazar, an engineer who worked for 25 years at the EPA’s underground injection program told ProPublica. “A lot of people are going to get sick, and a lot of people may die.”

Grassroots activists have pledged to fight this one tooth and nail as the high stakes battle goes down to the wire.

“The battle lines are being drawn between the greed of the oil and gas industry and the rights of individuals at the local level, Bill Baker, an organizer for Frack Free Ohio told DeSmogBlog in an interview. ”Powerful organizations with no vested interest in the Mansfield community, other than to turn it into a toxic waste dump, are spending millions in advertising to convince citizens to vote ‘no’ on the Bill of Rights.”

Whitewash: SUNY Buffalo Defends Controversial Shale Gas Institute

3:41 pm in Uncategorized by Steve Horn

Cross-Posted from DeSmogBlog

SUNY Buffalo

On Friday, SUNY Buffalo’s President’s Office released a lengthy and long-awaited 162-page report upon request of the SUNY System Board of Trustees that delved into the substantive facts surrounding the creation of its increasingly controversial Shale Resources and Society Institute (SRSI). The report was published in response to concern among journalists, advocacy groups, “fracktivists,” and SUNY Buffalo professors and faculty that the university is transforming itself from a center of academia to a center for “frackademia.”

In the spirit of “best practices” of politicially-astute public relations professionals, the report came out late on a Friday afternoon, when few people pay close attention to news and reporters have left the office for the weekend. This tactic is known as the “document dump” or “Take Out the Trash Day,” in reference to a title of an episode of The West Wing.

Buck Quigley of ArtVoice noticed the report is actually dated Sept. 27, meaning SUNY Buffalo’s been sitting on it for roughly two weeks, giving the public relations office plenty of time to craft a response narrative to offer to the press.

In actuality, the report is only 13 pages. The rest is Appendices.

The Meat and Potatoes of the Report

Writing with regards to SUNY Buffalo’s Academic Freedom and Conflict of Interest Policy, the President’s Office stated,

To ensure transparency and adherence to rigorous standards of academic integrity, we focus on identifying and managing potential conflicts of interest. If the conflicts are determined to be unmanageable, UB will not accept the funding.

As with all research at UB, regardless of the source of the funding, it is [not] the role…of the funding source to dictate the conclusions drawn by faculty investigators. This core principle is critical to the preservation of academic freedom. UB recognizes that conflicts – both actual and perceived - can arise between sources of research funding and expectations of independence when reporting research results.

The report fails to discuss the Institute’s long history of courting oil and gas industry funding. As we recently reported, the gas industry explicitly acknowledged that it targets universities as a key front for legitimacy in the eyes of the public in the ongoing shale gas PR battle within the Marcellus Shale basin. This was revealed at the same conference in which the industry acknowledged it was utilizing psychological warfare tactics on citizens.

Later in the report, the President’s Office stated that it has “every expectation that the faculty will conduct their public and policy-related activities as professionals, basing their conclusions on rigourous evidence and methodology.” Yet, the President’s Office has little ground to stand on here, given the flawed methodology of the Institute’s first report, ruthlessly picked apart in May by the Public Accountability Initiative (PAI).

Responding to PAI’s report, the President’s Office said, “No concerns were raised by the relevant scientific community about the data used in developing the report’s conclusion.” Given that the scientific community generally doesn’t do rapid-fire responses to reports, it’s not surprising that this is the case.

On the flip side of the coin, given that four of the five peer reviewers for that report were on the payroll of the oil and gas industry, it’s also obvious SRSI had its conclusions made before the “study” was ever conducted to begin with. In other words, it was an exercise in propaganda for the oil and gas industry, rather than science.

In page seven of the report, the President’s Office offers a revelatory nugget: SRSI has been in the works since 2007, predating what was then the looming rapid ascendancy of the North American shale gas boom. The Office wrote [PDF],

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