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Friday Trash Dump: Obama DOE Approves 2nd Fracked Gas LNG Export Terminal

8:41 am in Uncategorized by Steve Horn

Freeport LNG, Texas

Cross-Posted from DeSmogBlog

Friday is the proverbial “take out the trash day” for the release of bad news among public relations practitioners and this Friday was no different.

In that vein, yesterday the Obama Department of Energy (DOE) announced a conditional approval of the second-ever LNG (liquefied natural gas) export terminal.

LNG is the super-chilled final product of gas obtained – predominantly in today’s context – via the controversial hydraulic fracturing (“fracking”) process taking place within shale deposits located throughout the U.S. Fracked gas is shipped from the multitude of domestic shale basins in pipelines to various coastal LNG terminals, and then sent on LNG tankers to the global market.

The name of the terminal: Freeport LNG.

Freeport LNG is 50-percent owned by ConocoPhillips and located in Freeport, Texas, an hour-long car ride south of Houston. The export facility is the second one approved by the Obama DOE, with the first one – the Sabine Pass terminal, owned by Cheniereand located in Sabine Pass, Louisiana - approved in May 2011.

DOE gave its rubber stamp of approval to Freeport LNG to export up to 1.4 billion cubic feet of LNG per day from its terminal.

Moniz’s DOE is Dept. of LNG Exports

The announcement comes in the aftermath of an April DeSmogBlog investigation revealing that recently confirmed Energy Department Secretary Ernest Moniz - a former member of the Board of Directors of ICF International – has a binder full of conflicts-of-interest in any decision the DOE makes to export the U.S. shale gas bounty.

As we explained in that investigation, a Feb. 2013 “study” published by the American Petroleum Institute (API) and conducted on its behalf by ICF International concluded exporting shale gas was on the economically sound up-and-up.

ICF is a consulting firm that teams up with oil and gas industry corporations and was one of three firms that did the Supplemental Environmental Impact Statement on behalf of the U.S. State Department for the northern half of TransCanada’s Keystone XL pipeline. The SEIS was published in March 2013.

Furthermore, among the members of the Obama Administration’s industry-stacked DOE Fracking Subcommittee formed in May 2011 was Kathleen “Katie” McGinty. McGinty formerly served as Vice President Al Gore’s top climate aide during the Clinton Administration, segueing from that position into one as chair of the Clinton Council on Environmental Quality from 1993-1998. Her husband is Karl Hausker, the Vice President of ICF International.

In Dec. 2012, the DOE – like API/ICF - said exporting LNG was economically sound. The DOE’s LNG exports economics study itself was published by another industry-tied firm, NERA (National Economic Research Associates) Economic Consulting.

Given the myriad ties that bind, it’s tough to fathom any other decision being made by the DOE on Freeport or any other LNG export terminal from here on out. And the ecological consequences of that will be disastrous.

“Exporting LNG will lead to more drilling — and more drilling means more fracking, more air and water pollution, and more climate fueled weather disasters like last year’s record fires, droughts, and superstorms,” Deb Nardone, Director of the Sierra Club’s Beyond Natural Gas campaign said in a press release in response to the DOE announcement.

“Once environmental impacts are evaluated, it becomes clear that the additional fracking and gas production exports would induce is unacceptable.” Read the rest of this entry →

Faulkner County: ExxonMobil’s “Sacrifice Zone” for Tar Sands Pipelines, Fracking

7:00 am in Uncategorized by Steve Horn

Cross-Posted from DeSmogBlog

Swamp with trees

A swamp in Faulkner County, Arkansas -- an area despoiled by fracking and a recent Exxon tar sands spill.

There are few better examples of a “sacrifice zone” for ExxonMobil and the fossil fuel industry at-large than Faulkner County, Arkansas and the counties surrounding it.

Six weeks have passed since a 22-foot gash in ExxonMobil’s Pegasus tar sands Pipeline spilled over 500,000 gallons of heavy crude into the quaint neighborhood of Mayflower, AR, a township with apopulation of roughly 2,300 people. The air remains hazardous to breathe in, it emits a putrid strench, and the water in Lake Conway is still rife with tar sands crude.

These facts are well known.

Less known is the fact that Faulkner County – within which Mayflower sits – is a major “sacrifice zone” for ExxonMobil not only for its pipeline infrastructure, but also for the controversial hydraulic fracturing (“fracking”) process. The Fayetteville Shale basin sits underneath Faulkner County.

ExxonMobil purchased XTO Energy for $41 billion in Dec. 2009 as a wholly-owned subsidiary. XTO owns 704,000 acres of land in 15 counties in Arkansas. Among them: Faulkner.

Private Empire” ExxonMobil is now the defendant in a class action lawsuit filed by the citizens of Mayflower claiming damages caused in their community by the ruptured Pegasus Pipeline. ExxonMobil’s XTO subsidiary was also the subject of a class action lawsuit concerning damages caused by fracking in May 2011 and another regarding fracking waste injection wells in Oct. 2012.

This isn’t the naturalist novelist William Faulkner’s Faulkner County, that’s for certain.

A Fracking Class-Action Lawsuit

In May 2011, James and Mindy Tucker filed a class action lawsuit in the U.S. District Court for the Eastern District of Arkansas. Among the defendants was XTO.

“This action is being brought against the Defendants for the creation of a noxious and harmful nuissance, contamination, trespass and diminution of property values that the Gas Wells have caused and continue to cause,” explained the complaint. “This action seeks…injunctive relief in the form of monitoring of air quality, soil quality and water quality on Plaintiffs’ property…[and] to have their property monitored for the harmful effects of the Gas Wells owned and operated by the Defendants.”

Like many others, those living in the vicinity of the industry’s fracking wells saw their drinking water become contaminated and lost forever for consumption purposes. The complaint says the Plaintiffs noticed their water began to smell like “cotton poison.”

“After the water had acquired this smell, the Plaintiffs had to discontinue use of their water for normal household uses,” reads the complaint.

A subsequent well water test revealed massive levels of alpha-Methylstyrene, a flammable and poisonous chemical and a known component found within fracking fluid.

“Each of these suits asks for establishment of a fund for monitoring environmental contamination, a medical monitoring fund, $1 million in compensatory damages, and $5 million in punitive damages,” explains a press release from the law firm that brought the suit.

Epicenter of Fracking Wastewater Injection Earthquakes

Read the rest of this entry →

Interview: Energy Investor Bill Powers Discusses Looming Shale Gas Bubble

1:43 pm in Uncategorized by Steve Horn

Cross-Posted from DeSmogBlog

Cold Hungry and in the Dark cover

Bill Powers latest book looks at the mythology of the natural gas industry.

On Sat., April 27, I met up with energy investor Bill Powers at Prairie Moon Restaurant in Evanston, IL for a mid-afternoon lunch to discuss his forthcoming book set to hit bookstores on June 18.

The book’s title – Cold, Hungry and in the Dark: Exploding the Natural Gas Supply Myth - pokes fun at the statement made by former Chesapeake Energy CEO Aubrey McClendon at the 2011 Shale Gas Insight conference in Philadelphia, PA.

“What a glorious vision of the future: It’s cold, it’s dark and we’re all hungry,” Powers said in response to the fact that there were activists outside of the city’s convention center. ”I have no interest in turning the clock back to the dark ages like our opponents do.”

What Powers unpacks in his book, though, is that McClendon and his fellow “shale promoters,” as he puts it in his book, aren’t quite as “visionary” as they would lead us all to believe.

Indeed, the well production data that Powers picked through on a state-by-state basis demonstrates a “drilling treadmill.” That means each time an area is fracked, after the frackers find the “sweet spot,” that area yields diminishing returns on gas production on a monthly and annual basis.

It’s an argument regular readers of DeSmogBlog are familiar with because of our recent coverage of the Post Carbon Institute‘s “Drill Baby, Drill” report by J. David Hughes.

Powers posits this could lead to a domestic gas crisis akin to the one faced in the 1970′s.

We discuss these issues and far more in the interview below.

SH: Tell me more about the premise of your book, why you wrote it, and what you think some of the biggest findings were from your book.

BP: What I really take a look at and show is that shale gas, while it’s an important resource, it’s importance has been vastly over-stated. We do not have a 100-year supply of shale gas.

The increasing demand, which has been brought about by the low prices of the last few years, is going to lead to another 1970’s-style gas crisis. That will happen sometime between 2013 and 2015. We are seeing gas – while there’s been a lot of promotion of the 100-year supply myth – the facts simply just do not support it. That’s the premise of the book.

SH: Why and how is gas such an important resource in the US to begin with that a crisis akin to that which happened in the 1970′s could happen here again?

BP: Well, the US produces over 60 billion cubic feet per day, which is the energy equivalent of 10 million barrels of oil per day.

We’ve already seen a major move away from coal-fired power plants towards increased reliance on gas, we’re seeing legislation come in such as MATS that would be implemented by 2015 and would shut down many coal-fired power plants. We’re seeing increased consumption not just from the electrical power industry but also from the industrial sector. We’re seeing a big fertilizer plant being built in Iowa right now that will consume huge amounts of natural gas. We’re seeing a pick-up of natural gas consumption in manufacturing after more than a decade of decline, and we’ve seen an increasing number of homes in the U.S. that are heated by natural gas.

SH: Increasingly so because of the increase in gas power plants and the switch-over, right?

BP: We’ve seen more homes in the Northeast switch away from heating oil to gas and we’ve seen many homes for decades in the Midwest heated with gas, so that is something that I think is going to have a very big impact on the rise of gas prices and a very big impact on a lot of Americans. That’s going to lead to higher electricity prices, higher home heating costs, as well as higher food costs, because the natural gas component of fertilizer is so significant.

SH: Do you think that there will be a switch back to coal then because of the gas crisis? Or is it a broader problem than just a simple switch-over?

Read the rest of this entry →

Ties That Bind: Ernest Moniz, Keystone XL Contractor, American Petroleum Institute and Fracked Gas Exports

9:53 am in Uncategorized by Steve Horn

Cross-Posted from DeSmogBlog

Ernest J Moniz

Ernest J Moniz, Obama's candidate for Secretary of Energy, has many conflicts of interest due to energy industry ties.

Congress will review the Obama Administration’s nomination of Ernest Moniz for Secretary of the Department of Energy (DOE) in hearings that start today, April 9.

Moniz has come under fire for his outspoken support of nuclear powerhydraulic fracturing (“fracking”) for shale gas and the overarching “all-of-the-above” energy policy advocated by both President Barack Obama and his Republican opponent in the last election, Mitt Romney.

Watchdogs have also discovered that Moniz has worked as a long-time corporate consultant for BP. He has also received the “frackademic” label for his time spent at Massachusetts Institute of Technology (MIT). At his MIT job, Moniz regularly accepted millions of dollars from the oil and gas industry to sponsor studies under the auspices of The MIT Energy Initiative, which has received over $145 million over its seven-year history from the oil and gas industry.

MIT’s “The Future of Natural Gas” report, covered by many mainstream media outlets without any effort to question who bankrolled it, was funded chiefly by the American Clean Skies Foundation, a front group for the shale gas industry’s number two domestic producer, Chesapeake Energy. That report concluded that gas is a “bridge fuel” for a renewable energy future and said that shale gas exports were in the best economic interests of the United States, which should “not erect barriers to natural gas imports and exports.”

As first revealed on DeSmogBlogMoniz is also on the Board of Directors of ICF International, one of the three corporate consulting firms tasked to perform the Supplemental Environmental Impact Study (SEIS) for TransCanada’s Keystone XL (KXL) tar sands pipeline. KXL is slated to bring tar sands – also known as “diluted bitumen,” or “dilbit” - from Alberta to Port Arthur, TX, where it will be sold to the highest bidder on the global export market.

Moniz earned over $300,000 in financial compensation in his two years sitting on the Board at ICF, plus whatever money his 10,000+ shares of ICF stock have earned him.

Moniz’s American Petroleum Institute Ties to Shale Gas Export Advocacy

Another controversial oil and gas industry export plan exists for fracking.

Read the rest of this entry →

“Frackademia” Strikes Again at USC with “Powering California” Study Release

7:35 pm in Uncategorized by Steve Horn

Cross-Posted from DeSmogBlog

Frackademia” – shorthand for bogus science, economics and other research results paid for by the oil and gas industry and often conducted by “frackademics” with direct ties to the oil and gas industry – has struck again in California.

It comes in the form of a major University of Southern California (USC) report on the potential economic impacts of a hydraulic fracturing (“fracking”) boom in California’sMonterey Shale basin that’s hot off the presses, “Powering California: The Monterey Shale and California’s Economic Future.”

California Democratic Gov. Jerry Brown recently gave his cautious support to fracking, the toxic process via which oil and gas embedded deep within shale rock basins made famous by the documentary film “Gasland,” currently a topic of contention in California. The new report gleefully says we could be witnessing 1849 all over again, the second-coming of a “Gold Rush,” a term the co-authors utilize 9 times in the Preface.

The report, co-authored by a Los Angeles-based public relations firm, The Communications Institute (TCI), concludes that “development of the 1,750-square-mile formation in central California could generate half a million new jobs by 2015 and 2.8 million by 2020,” as reported by The Los Angeles Times, which blared the headline, “Tapping California shale oil could add millions of jobs, study says.”

Given California’s population of 37,683,933 people, this would mean 7.4 percent of the state’s citizens can gain employment and economic uplift from the industry. It would also shrink the 20.3-percent unemployment rate in the Golden State down drastically, to 12.9 percent.

“The Monterey shale would help stimulate the California economy to a significant extent,” USC professor and co-author Adam Rose told The Times. “It’s not just a benefit to the oil industry. These impacts ripple throughout the economy.”

While a nice sentiment, the age-old questions quickly arise: who are the authors and who funded this study?

The answers to these questions, a DeSmogBlog investigation has revealed, paints an entirely different picture of the report’s findings and how it came to such rosy conclusions.

Study Funded by Big Oil, Co-Author’s Industry Connections Tell the Story

Off the bat, the report acknowledges financial support – though failing to disclose how much funding - from the Western States Petroleum Asssociation (WSPA). WSPA, “the oldest petroleum industry trade association in the United States,” has a membership list that includes Chevron, ExxonMobil, Occidental Oil and Gas Corporation and Shell, to name several. All of these corporations are actively involved in exploration and prospective production of the Monterey Shale.

Just as importantly, one of the co-authors of the “study” - Fred Aminzadeh - is currently an oil and gas industry employee.

Aminzadeh serves as a Research Professor and Executive Director at USC’s Global Energy Network (GEN) and Executive Director of USC’s Reservoir Monitoring Consortium (RMC) and worked in various technical and management positions at Unocal – purchased by Chevron in 2005 - for 17 years.

GEN, credited as one of the report’s lead conductors, does not list its funders, but given the steep membership fee - ranging between $25,000-$500,000 per year - one can safely guess that at least some of its funding comes from the deep pockets of the oil and gas industry. In fact, BP America, ExxonMobil, Chevron, Anadarko and General Electric all have members sitting on GEN’s Advisory Board.

GEN, according to its website, pays The Communications Institute to do PR work on its behalf, and TCI registered the website the report was originally set to be published on, poweringcalifornia.org. In essence, this piece of the puzzle serves as Exhibit A of this study serving moreso as industry PR salesmanship than as legitimate scholarship.

RMC also does not list its funders, but its personnel, like GEN, are also directly tied to the oil and gas industry. All three members of its Technical Advisory Board have industry jobs. Andrei Popa works for Chevron; Kurt Strack is the President of KMS Technologies, an oil services corporation whose clients include BP, Chevron, ConocoPhillips, Shell and Saudi Aramco; and Wang Shangxu is a professor at the China University of Petroleum.

Prior to coming to USC and after his Unocal stint, Aminzadeh was the CEO of dGB Earth Sciences USA, self-described as a firm that offers ”innovative seismic interpretation solutions to the oil and gas industry.”

Though he conveniently leaves it out of the biography he included in the report, Aminzadeh, alongside the paycheck he earns at USC, also serves as Founderand President of FACT-Corp. FACT is a global oil and gas industry consultancy firm whose technology partners include dGB Earth Sciences, where he used to be the CEO, as well as clients such as Chevron, BP, Saudi Aramco and Eni.

Aminzadeh is also Chairman of the Advisory Board of both Western Standard Energy Corp. and is also on the Advisory Board of Saratoga Resources and formely served on the DOE Unconventional Resources Technology Advisory Committee from 2007-2008, right as the fracking boom was beginning in the U.S.

The latter committee was created under the dictates of the Energy Policy Act of 2005in Sec. 999, which calls for the DOE to work with oil and gas industry stakeholders to “carry out a program of research, development, demonstration, and commercial application of technologies for…onshore unconventional natural gas.”

John Martin – former head of the now-shuttered SUNY Buffalo Shale Resources and Society Institute (SRSI), peer reviewer of the Inglewood Oil Field environmental impact assessment (done by the same contractor the Obama State Department used for the first TransCanada Keystone XL environmental review, Cardno Entrix) that concluded fracking in Los Angeles would have no negative ecological impacts, and head of his oil and gas consultancy firm JP Martin Energy Strategy - currently serves on the DOE Unconventional Resources Technology Advisory Committee.

Outside Reviewers Tied to Big Oil

The non-peer-reviewed “study” wasn’t published in an academic journal, but rather was published “in association with” TCI – a PR firm - on its website. Though not peer-reviewed in accordance to conventional legitimate academic standards, the co-authors did thank three people for “taking the time to review this study.”

Two of those three people, it turns out, also have direct ties to the oil and gas industry.

One of them is Harvard’s Henry Lee. His CV details his past work as a consultant for General Electric, Gulf Oil and Texaco, the latter of which Chevron purchased as a wholly-owned subsidiary in 2002.

The other: Hillard Huntington, Executive Director of Stanford’s Energy Modeling Forum (EMF), is one of 200 members of the National Petroleum Council (NPC). The NPC is a federally-chartered, corporate-funded advisory committee started by President Harry Truman in 1946, now overseen by the DOE under the dictates of the Federal Advisory Committee Act of 1972. Its purpose is “to advise, inform and make recommendations to the [DOE] with respect to any matter relating to oil and natural gas, or to the oil and gas industries.”

NPC’s membership includes former Chesapeake Energy CEO Aubrey McClendon, Chevron CEO John Watson, ExxonMobil former CEO Lee Raymond and current CEO Rex Tillerson, former Shell North America CEO John Hoffmeister, and TransCanada (of contentious Keystone XL fame) CEO Russ Girling, among many others.

Huntington’s EMF is funded by the oil and gas industry as well, with partners including the likes of Saudi Aramco, American Petroleum Institute, BP America, Chevron, ExxonMobil and others.

Public Relations and Advocacy Costumed as Scholarship

USC’s report is now the second case of “frackademia” in the state of California in the past half-year and another example of the oil and gas industry’s public relations strategy espoused at the Nov. 2011 “Media & Stakeholder Relations: Hydraulic Fracturing Initiative” conference held in Houston, TX.

At that same Houston conference in which Range Resources PR flack Matt Pitzarella admitted his company utilizes psychogical warfare personnel and techniques in the communities in which Range operates, New York Independent Oil and Gas Association’s S. Dennis Holbrook stated that it’s crucial for industry to “seek out academic studies and champion with universities—because that again provides tremendous credibility to the overall process” because the gas industry is viewed “very skeptically” by the public.

SUNY Buffalo came under fire in the second half of 2012 for partaking in the industry’s shady PR game made public at that Houston conference, ending its SRSI after months of outside agitation from critics. With time we’ll see if the same endgame is in-store at USC.

Florida Pushing ALEC, CSG Sham Fracking Chemical Disclosure Model Bill

7:09 am in Uncategorized by Steve Horn

Cross-Posted from DeSmogBlog

Florida may soon become the fourth state with a law on the books enforcing hydraulic fracturing (“fracking”) chemical disclosure. The Florida House of Representatives’ Agriculture and Natural Resources Subcommittee voted unanimously (11-0) on March 7 to require chemical disclosure from the fracking industry. For many, that is cause for celebration and applause.

FL Rep. Ray Rodrigues didn’t mention the law still contains the “trade secrets” loophole.

Fracking for oil and gas embedded in shale rock basins across the country and world involves the injection of a 99.5-percent cocktail of water and fine-grained sillica sand into a well that drops under the groundwater table 6,000-10,000 feet and then another 6,000-10,000 feet horizontally. The other .5 percent consists of a mixture of chemicals injected into the well, proprietary information and a “trade secret” under the Energy Policy Act of 2005, which current President Barack Obama voted “yes” on as a Senator.

That loophole is referred to by many as the “Halliburton Loophole” because Dick Cheney had left his position as CEO of Halliburton - one of the largest oil and gas services corporations in the world – to become Vice President and convene the Energy Task Force. That Task Force consisted of the Secretaries of State, Treasury, Interior, Agriculture, Commerce, Transportation and Energy. One of its key actions was opening the floodgates for unfettered fracking nationwide.

Between 2001 and the bill’s passage in 2005, the Task Force held over 300 meetings with oil and gas industry lobbyists and upper-level executives. The result was a slew of give-aways to the industry in this omnibus piece of legislation. On top of the “Halliburton Loophole,” the bill also contains an exemption for fracking from Environmental Protection Agency (EPA) enforcement of the Clean Water Act and the Safe Drinking Water Act.

The federal-level response to closing the ”Halliburton Loophole” is the Fracturing Responsibility and Awareness of Chemicals (FRAC) Act, a bill that never garnered more than a handful of co-sponsors.

The state-level response, the story goes, is versions of the bill that recently passed onan 11-0 bipartisan basis in a Florida state house subcommittee.

Introduced as the “Fracturing Chemical Usage Disclosure Act” on Feb. 13, bill sponsor Rep. Ray Rodrigues (R-76) told The Palm Beach Post the day the bill passed in Subcommittee that there is ”every indication … at some point in the future” that fracking will proceed in the Sunniland Shale basin and that being “proactive” is the way to go. A senate companion bill was also introduced as SB 1028 by Sen. Jeff Clemons (D-27) and if the bill passes in both chambers, it will be labeled SB 1776.

What Rodrigues didn’t mention: the law was written by what investigative journalist Steve Coll referred to as a “private empire,” ExxonMobil.

Like its federal-level predecessor, it still contains the “trade secrets” loophole. It’s also a model bill distributed both by the American Legislative Exchange Council (ALEC), asfirst revealed by The New York Times in April 2012, and the Council of State Governments (CSG), as first revealed here on DeSmogBlog.

FracFocus Façade: Sunshine State’s Copy-Paste and Disaster-in-the-Make

Read the rest of this entry →

State Department Keystone XL Study Done by Oil Industry-Connected Firm with Big Tobacco, Fracking Ties

7:42 am in Uncategorized by Steve Horn

Cross-Posted from DeSmogBlog

Tobacco

Transcanada and the oil industry are borrowing from the Big Tobacco playbook to spin their bad publicity.

On March 1, the U.S. State Department published its long-awaited Environmental Impact Statement (EIS) on the TransCanada Keystone XL (KXL) tar sands pipeline.

The KXL is slated to bring tar sands crude – also known as diluted bitumen or “dilbit” - from Alberta, Canada to Port Arthur, TX. From Port Arthur, it will be refined andexported to the global market.

Flying in the face of the slew of scientific studies both on the harms of burning tar sands and on the KXL itself, State determined that laying down the pipeline is environmentally sound.

Unmentioned by State: the study was contracted out to firms with tar sands extraction clientele, as revealed by InsideClimate News.

“EnSys Energy has worked with ExxonMobil, BP and Koch Industries, which own oil sands production facilities and refineries in the Midwest that process heavy Canadian crude oil. Imperial Oil, one of Canada’s largest oil sands producers, is a subsidiary of Exxon,” InsideClimate News explained. “ICF International works with pipeline and oil companies but doesn’t list specific clients on its website.”

Writing for Grist, Brad Johnson also revealed the name of a third contractor – Environmental Resources Management (ERM) Group - which TransCanada hired on behalf of the State Department to do the EIS.

“(ERM) was paid an undisclosed amount under contract to TransCanada to write the statement, which is now an official government document,” Johnson explained. “The statement estimates, and then dismisses, the pipeline’s massive carbon footprint and other environmental impacts, because, it asserts, the mining and burning of the tar sands is unstoppable.”

ERM, a probe into the University of California-San Francisco (UCSF) Tobacco Archives reveals, has deep historical ties to Big Tobacco. Further, a key employee at ICF International – via familial ties – is tied to the future of whether hydraulic fracturing (“fracking”) for shale oil and gas becomes a reality in New York’s portion of the Marcellus Shale.

TransCanada Utilizes Tobacco Playbook in Hiring ERM Group

ERM Group - headquarted in the City of London - a square mile sub-section of London infamous for its role in serving as a tax shelter for multinational corporations - has aided the tobacco industry in pushing the “Tobacco Playbook.”

Many fossil fuel industry public relations flacks learned the tactics of mass manipulation by reading the “tobacco playbook,” meticulously documented in Naomi Oreskes’ and Erik Conway’s classic book, “Merchants of Doubt.”

Doubt is our product,” a tobacco industry document once laid out the playbook, “since it is the best means of competing with the ‘body of fact’ that exists in the minds of the general public. It is also the means of establishing a controversy.”

ERM has done studies on behalf of both R.J. Reynolds and Philip Morris, penning a report titled “Fundamentals of Environmental Management” for the latter.

It was also a former member of the American Tort Reform Association, a group that fights to limit the tort law rights of citizens to sue for damages inflicted upon them by corporations and featured in the documentary film, “Hot Coffee.”

ERM: In-Service to Big Oil, like Big Tobacco

Read the rest of this entry →

Breaking: NY Assembly Passes Two Year Fracking Moratorium, Senate Expected to Follow

5:17 pm in Uncategorized by Steve Horn

Cross-Posted from DeSmogBlog

New York Sate Capitol, Albany

In a roll call vote of 95-40, the New York State Assembly has passed a two-year moratorium on hydraulic fracturing (“fracking”), the toxic horizontal drilling process through which oil and gas is procured that’s found within shale rock basins across the country and the world.

The bill, if passed by the Senate and signed off by Democratic Gov. Andrew Cuomo, would close the state’s doors to the oil and gas industry’s desire to begin operating in New York’s portion of the Marcellus Shale basin until May 2015. New York has had a moratorium on the books since 2008.

This is the third time the Assembly has passed such a bill, with similar moratorium bills passing in 2010 and 2011, but then dying a slow death in the Senate and never reaching the Governor’s desk, meaning the de facto moratorium has remained in place.

Could the third time be a charm in 2013 in the Empire State?

Signs point to “quite possibly,” because the bipartisan Independent Democratic Conference (IDC) bloc of the Senate - which shares control of the Senate with the Republicans – has come out in support of the bill’s passage, according to the Associated Press (AP).

“We have to put science first. We have to put the health of New Yorkers first,” Sen. David Carlucci (D-38) and an IDC member told the AP.

Activists see it as a temporary reprieve and a victory for now. Alex Beauchamp of Food and Water Watch told the Albany Times-Union:

Hundreds of New York health professionals agree with the State Assembly that we should not move forward without a full, comprehensive examination of the health impacts of fracking…Moving forward would simply enrich oil and gas companies that want to ship their gas overseas and their profits to Texas at the expense of New York’s public health and environment.

The oil and gas industry, unsurprisingly, is up in arms. New York Petroleum Council Executive Director Karen Moreau told the Times-Union:

Today’s vote by the State Assembly to further delay natural gas development is tantamount to telling the people of the Southern Tier to ‘Drop Dead.’ Once again, Albany politicians are putting politics before science, and the special interests before the people. The people of New York deserve better, to say the least

Given New York’s ability to fend off the industry’s desires to enter the state for going on five years, all eyes in the fracking stratosphere will be on the Senate and Cuomo – a potential 2016 Democratic Party presidential candidate - in the coming days and weeks. Read the rest of this entry →

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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Sand Land: Minnesota Mayor and Frac Sand Lobbyist Resigns

5:36 pm in Uncategorized by Steve Horn

Cross-Posted from DeSmogBlog

Red Wing Mayor Dennis Egan

Usually “revolving door” connotes a transition from a stint as a public official into one as a corporate lobbyist or vice versa.

In the case of Red Wing, MN - a southeastern Minnesota town of 16,459 located along the Mississippi River - its Mayor Dennis Egan actually obtained a gig as head lobbyist for the frac sand industry trade group Minnesota Industrial Sand Council while serving as the city’s Mayor. The controversy that unfolded after this was exposed has motivated Egan to resign as Red Wing’s Mayor, effective April 1.

Without the fine-grained silica frac sand found within “Sand Land” (or manufactured ceramnic proppants resembling it), there is no hydraulic fracturing (“fracking”) for the oil and gas embedded within shale rock deposits. In other words, frac sand mining is the “cradle” while burning gas for home-heating and other purposes is the “grave.”

Egan is also the former head of Red Wing’s Chamber of Commerce and the public relations firm he runs, Egan Public Affairs, is a Chamber member both at the Red Wing- and state-level. One of his other lobbying clients is Altria, which Big Tobacco’s Phillip Morris renamed itself in Feb. 2003 during its rebranding process with the help of PR powerhouse, Burson-Marsteller.

Many citizens living within the conflines of ”Sand Land” in MinnesotaWisconsinIowa,Texas, and Arkansas are deeply concerned about the ecological impacts of frac sand mining and the fracking at-large the sand enables.

Direct respiratory exposure to silica sand can lead to development of silicosis, a lung disease that can lead to lung cancer, akin to exposure to the tobacco smoke that Egan lobbies on behalf of. Exposure to silica sand was deemed a workplace hazard by the Occupational Safety and Health Administration (OSHA) in a June 2012 report.

Egan’s Frac Sand Ties Engender Citizen, City Council Backlash

Given this “price of sand,” residents reacted with outrage about the conflict-of-interest and started circulating a recall petition to send Egan packing as Mayor.

So too did Red Wing’s City Council, with three of its members demanding Egan resign at a Feb. 11 meeting and the City Council at-large voting unanimously at that same meeting to hire an outside investigator to dig deeper into the entirety of Egan’s conflicts-of-interest.

The brewing dramatic three-week-old scandal has come to a close, though, as Egan announced he will step down from his mayoral post.

“I believe that a mayor must live to a higher standard than just avoiding conflicts of interest,” he told the Minneapolis Star-Tribune. “If a mayor’s activities serve as a distraction or roadblock for the city, the public is not well-served.”

Red Wing’s City Council, in turn, decided to drop the investigation on Egan and the recall petition is now null-and-void.

“We understand his decision and wish him well in his new position,” Red Wing City Council President Lisa Bayley told Minnesota Public Radio. “I think he had to make that decision — what we wanted to do. I just don’t think the two positions were compatible and he needed to pick something.”

Red Wing resident and recall petitioner Dale Hanson told the Star-Tribune that he believes this investigation should proceed regardless of Egan’s choice to step down as Mayor “to ensure that if there was corruption, ethics violations, or other vital issues that we have an accurate sense of how much damage may have been done.”

The announcement comes in the aftermath of a major Feb. 20 MN state Senate hearing on frac sand mining. Another one is slated for Feb. 26.

“Heads in the Sand”: Egan Not Alone in Cashing in on Frac Sand Boom

As it turns out, the sordid truth is that corruption and ethics violations with regards to frac sand mining and local governments go far above and beyond Egan and Red Wing. In a Dec. 26 story, the Star-Tribune explained that “at least five public officials in three counties are trying to make money from frac sand.”

Despite this reality and the enormous cradle-to-grave ecological costs and consequences of fracking, public officials have their “heads in the sand” – both literally and figuratively - with regards to the frac sand mining boom.