Tag Archives: fracking

Fracking Moratorium Dies in the Senate

Moratorium was killed by moderate democrats and “jobs” talk

by Brian Leubitz

Despite the lack of actually attainable oil, the oil industry is still protecting its right to pump vast amounts of water into the ground to try to get at what little is available. In an all out press this week, the oil lobby killed the moratorium:

Sen. Holly Mitchell, D-Los Angeles, argued that her measure amounted to hitting “pause” on an oil extraction method that has raised concerns among environmentalists as it’s become more common in California and across the nation. …

Mitchell’s bill failed when four business-friendly Democrats voted against it and three more Democrats withheld their votes. Its defeat illustrates the influence big business has on moderate Democrats in the California Legislature. Some of the same lawmakers also cast swing votes in the Senate Wednesday that killed bills to limit evictions in San Francisco and require the labeling of genetically-modified foods.(SacBee CapAlert)

In a state where Democrats are increasingly ascendant, the fight ends up within the party. The state party is officially on the record supporting a moratorium, but the legislators (and the little well-heeled birdies whispering in their ears) haven’t quite gotten the memo.

Butte County Considers Fracking Ban

County concerned about water and seismic risk

by Brian Leubitz

Butte County doesn’t actually have any fracking operations right now, and isn’t likely to become a hotbed of fracking anytime soon. But the Board of Supervisors is making a preemptive statement this week:

Tuesday the Board of Supervisors voted to have county staff prepare an ordinance that bans fracking.

Documents prepared by county staff for Tuesday’s meeting described fracking as “a common term for hydraulic fracturing that is a technique of well stimulation used to increase petroleum production,”

At request from the county’s Water Commission, the supervisors were asked to adopt and ordinance that would require a conditional use permit before a fracking operation could take place within county jurisdiction. (Chico ER)

Even if there weren’t any fracking operations around the corner, at the very least this local action could send a statement to other areas and perhaps be a model.

Kashkari Thinks Fracking is His Best Shot

Troubled campaign looking for some sort of boost

by Brian Leubitz

The gubernatorial candidate from Wall Street, Neel Kashkari, is struggling in the polls and fundraising is running dry. So, where to turn? How about trying to get some cash from the petroleum industry with some timely shout outs to his corporate friends in the business:

Republican gubernatorial candidate Neel Kashkari toured a drilling technology company here Wednesday and promised to rebuild the state’s economy in part by improving the business climate for oil and gas.

In the last three years that Jerry Brown has been governor, California has increased its crude oil production 3 percent to 199 million barrels, he said. During the same three years, Texas has increased its production 77 percent to 941 million barrels, and North Dakota has hiked production 105 percent to 313 million barrels.

California’s economy is improving slowly, Kashkari said, but added that far too many Californians remain out of work because the state isn’t business-friendly.(Bakersfield Californian)

Well, that is all well and good, but the numbers that the Kashkari campaign passed off in a press release are not really relevant. Even petroleum executives would allow that each state has different petroleum reserves. Not all wells are created equal. Part of that is the regulatory environment, but fracking is a technology that aims to get at deposits with a wildly varying levels of accessibility. Monterey shale isn’t the same as the deposits in Texas or North Dakota, and there are many other considerations. Like, hey, the fact that we are in a big drought. KQED has a great report on that subject in both audio and text formats.

The potential for higher water use doesn’t sit well with some San Joaquin Valley farmers. “They’re competing for the same water that we’re using for our farms,” says Keith Gardiner. “That’s taken away from the farm fields.”

“It is an added pressure,” says Greg Wegis of Wegis and Young, a farming operation near Bakersfield. “From what I’ve seen, in some of the fracking wells, they’re using 3-to-4 acre-feet per well. That’s not helping the situation.”(KQED)

But Kashkari has very little to work with. Brown has a huge warchest, and Donnelly is still polling above him. Kashkari needs more cash and attention. He can claim to be addressing with an appearance on Squawk Box, but appearing on CNBC won’t make the kind of big shake up that he needs to this race. So, why not try pandering to petroleum interests. It won’t help him win the governor’s office, but maybe he can squeeze into the November top-2.

Sen Bernardino Looks at Chemical Mining and Processing Facilities

Fracking and waterConsidering the recent growth of “salt mining”

by Brian Leubitz

Even with recent rains, California is continuing to suffer from a historic drought. This lack of water has opened up a new front of attack on fracking technology, which suddenly is coming under scrutiny for the massive consumption of water it requires in order to break apart shale to release oil.

Anti-fracking activists are beginning to connect the dots between the drought and fracking. In addition to my own writing on the subject, a opinion piece in the community newspaper Oakland Local  shows how grassroots opposition to the fracking due to its effect on water supplies is gaining traction.

And it’s not just at the local level. Just a  few weeks ago, the Los Angeles Times examined how fracking is creating water supply issues in Colorado, and predicted the same may happen in California. And in Sacramento, Senators Mark Leno (D-San Francisco) and Sen. Holly Mitchell (D-Los Angeles) have introduced legislation to put a moratorium on fracking in California in part because of its potential impact on water supplies.

“A moratorium on fracking is especially critical as California faces a severe drought with water resources at an all-time low,” Leno told Reuters News Agency, “We are currently allowing fracking operations to expand despite the potential consequences on our water supply, including availability and price of water, the potential for drinking water contamination and the generation of billions of barrels of polluted water.”

Meanwhile, Assemblyman Marc Levine (D-Marin) has unveiled a fracking moratorium bill that he ties directly to the drought.

“We have to decide what our most precious commodity is – water or oil?,” Levine told Reuters. “This is the year to make the case that it’s water.”

Nationwide, the impact of fracking on water supplies has been staggering. The Environment America Research and Policy Center estimated last fall that at least 250 billion gallons of water has been used in fracking operations for 80,000 wells in 17 states.

That’s why a Tetra Technologies project in Southern California is beginning to attract attention. The Texas-based company has filed paperwork for a project in San Bernardino County with hopes of adding five additional production wells in order to expand its sodium chloride (aka salt) and calcium chloride mining production by 20 percent. (Both sodium chloride and calcium chloride are widely known to be chemicals used in fracking.)

The company’s January 2013 Mining Plan Amendment would seem to fit in with Tetra Technologies’ recent growth in the fracking industry. Earlier this month, it bought WIT Water Transfer, a firm that provides water services for fracking. Last year, it purchased Patterson-UTI Energy Inc.’s fracking services unit for $42.5 million in 2012. Yet the company has said little, billing itself as a “salt mining operation” to anyone who asks.

These moves haven’t gone unnoticed on Wall Street. Analyst Travis Holom of the popular Motley Fool financial column focused on Tetra’s recent stock gains by noting:

“Investors clearly like the growth opportunity the larger company has ahead. Texas is the big growth market right now in fracking, and TETRA’s services will be a key piece of that growth. It’ll take a while to see the financial impact, but given the growth expected next year, I think shares have room to run higher, especially as natural gas drilling picks up nationwide.”

Tetra clearly has high hopes for expanding its operations in San Bernardino. That’s why the potential environmental impacts, both locally and globally, of the proposed expansion may be cause for alarm.

Yet San Bernardino County hasn’t seemed to be taking the necessary steps to ensure full Tetra Tech’s full compliance with the California Environmental Quality Act. It’s unclear what, if any, mitigation be required. Hopefully, answers will emerge soon.

The Drought and Fracking

Fracking and waterFracking requires vast amounts of water, where it will come from in a parched state

by Brian Leubitz

I’ve been writing a lot about the drought, more than I’ve wanted to recently. But the hits just keep on coming. In recent news, there is word that up to two million acres may be apportioned no water at all, thereby made to lie fallow. Of course, some of this is simply mandated by mathematics. To give enough water to the best farmland, you must let some lie fallow. The Republicans argue that we can simply take from the water we release to the rivers and the Bay, but that simply pits other interests against each other, most notably fishermen, of both the sporting and commercial varieties. George Skelton has a good take on this:

Don’t blame the little fish. And don’t call it the Central Valley.

Both comments, repeated incessantly, were irritants during President Obama’s visit to parched California farm country last week.

The president was there-in the San Joaquin Valley-to cuddle with water hogs. The hogs are large growers who use lots of water, have just about run out and are angry because they’re being denied other people’s. And they keep complaining that the government is favoring a little “bait fish” over farmers.

*** **** ***

So water deliveries have been restricted not just for smelt, but also to protect salmon and the coastal fishing industry. It’s not about farmers vs. fish. It’s about farmers vs. fishermen. Or almonds vs. salmon. (LA Times / George Skelton)

Read the whole Skelton piece, it is a refreshingly honest take on the various interests that you don’t often see these days. Water interests are varied, and can’t simply be boiled down to farmers vs smelt. Skelton rephrases that debate as “almonds vs. salmon”, a far more apt analogy. But, there is another huge water hog wating to join the queue for our very limited trough: the fracking industry.

Of course, water usage isn’t probably the first concern of most environmentalists, myself included, with respect to fracking. The issues are deep and pervasive, there are many questions that remain unanswered. Issues of safety, water quality, and seismic stability are far from fully researched and should give the state pause. This is especially true in the days after a major fracking accident in Pennsylvania. (But don’t worry, they’ll give you a free pizza)

In places like Pennsylvania, where there is plenty of water for the moment, this isn’t that big of an issue. But, the Times looks to Greeley, Colorado, itself in the midst of a drought. While it is not as severe as our own right now, water is always precious in the West. It takes a lot of water to operate hydraulic fracturing (thus the hydraulic part of that phrase):

Last fall the Environment America Research and Policy Center estimated that at least 250 billion gallons of water had been used since 2005 in the estimated 80,000 wells in 17 states. Drought-prone Texas led the way with at least 110 billion gallons.(LA Times / Jenny Deam)

As we move forward with hydraulic fracturing in what is expected to be a large reserve of natural gas in our Monterey shale, perhaps Alex Prud’homme asks the right question, will it be a boom or a boondoggle. It is imperative that we consider all the costs, both internal and external, before we move forward with any plan to aggressively tap our shale.

What Becomes of Fracking Now?

Legislative Compromise leads environmentalists to call for moratorium

by Brian Leubitz

I’ve already discussed the compromises made on the fracking legislation, SB 4, and the fact that environmental groups are now calling for a moratorium. Here’s an NRDC letter requesting the moratorium.

“Governor Brown let a good bill go bad,” said Annie Notthoff, NRDC director of California advocacy. “Our leaders should put Californians’ health and safety first.  But these last-minute amendments to the fracking bill undercut critical safety measures. Governor Brown needs to right this wrong by heeding the call of a majority of Californians – impose a moratorium on fracking now until the risks are fully evaluated.”

With all that being said, an unusual alliance between environmentalists and powerful ag interests is growing to oppose fracking. Fracking presents a whole raft of concerns to agriculture, big and small. Besides the obvious sheer amount of water required, the risks of chemical pollution to groundwater could be disastrous to farmers. Back in June, the New York Times took a look at that relationship

By all accounts, oilmen and farmers – often shortened to “oil and ag” here – have coexisted peacefully for decades in this conservative, business friendly part of California about 110 miles northwest of Los Angeles. But oil’s push into new areas and its increasing reliance on fracking, which uses vast amounts of water and chemicals that critics say could contaminate groundwater, are testing that relationship and complicating the continuing debate over how to regulate fracking in California.

“As farmers, we’re very aware of the first 1,000 feet beneath us and the groundwater that is our lifeblood,” said Tom Frantz, a fourth-generation farmer here and a retired high school math teacher who now cultivates almonds. “We look to the future, and we really do want to keep our land and soil and water in good condition.”(NYT)

So, where does the Governor go from here. In the past, he has sounded optimistic about fracking for economic reasons, but always given a caveat of environmental safety.  As of yet, it would be hard to say that the caveat can really be answered yet. So, will he issue a temporary moratorium, or will he trust that the regulations under the weakened SB 4 will be enough?  I’m afraid I don’t have that answer, but a lot rides on the governor’s response.

Split No More: Environmentalists Say No to Brown Supported Fracking Bill, Call for Moratorium.

Fracking map photo California-fracking-map-791x1024_zps4f0a6586.jpegEnvironmentalists balk at Assembly amendments to Fran Pavley’s SB 4

by Brian Leubitz

Once there was a real split in the environmental community over fracking legislation. The National Resources Defense Council, CLCV and a number of other organizations were supporting Sen. Fran Pavley’s SB 4 to regulate the process. Others were calling for a complete moratorium to gather sufficient data to ensure safety.

It seems that bifurcation has ended upon the oil and gas friendly amendments made to the bill in the Assembly. The only remaining California bill this term to address fracking (SB 4) passed through the Assembly yesterday morning with new amendments by the oil and gas industry that undermine the bill’s original intent. The Natural Resources Defense Council, California League of Conservation Voters, Clean Water Action and Environmental Working Group no longer support SB4 due to these amendments.

“Californians deserve to have their health and drinking water sources protected from oil and gas development. Last-minute amendments, added due to oil industry pressure, threaten to weaken the environmental review required by CEQA,” said Miriam Gordon, California Director of Clean Water Action.

“This unfortunate turn of events should give Governor Brown even more reason to immediately put in place a moratorium on fracking and well stimulation while the state evaluates the risks,” said Damon Nagami, senior attorney for NRDC.

Prior to the introduction of the new amendments that compromise the bill, NRDC, CLCV, CWA and EWG had been working to put the critical safeguards that SB4 contains – new permit requirements, groundwater monitoring, public notification, inter agency management and independent hazards study – in place to protect Californians from risky fracking activities.

The bill has now passed the Senate concurrence as well, and is as good as on the Governor’s desk. For better or worse, it looks like he is leaning toward signing it:

“The administration has worked collaboratively with the Legislature to craft a bill that comprehensively addresses potential impacts from fracking, including water and air quality, seismic activity and other potential risks,” Brown spokesman Evan Westrup said in an email.(Bee)

GreenGov???

Back in 2010, the California League of Conservation Voters put up a GreenGov 2010 supporting Jerry Brown.  It is still up: http://greengov2010.org/

Given Brown’s lack of performance on the issues of water and fracking, I wonder how happy CLCV is with their candidate now.  From my vantage, the most recent problems surround the Brown Administration’s being hell bent for leather to find one way or another to put a couple of tunnels under the Sacrament Delta.  That trades saving about a dozen homes for a 5 year disruption to the Sandhill Crane reserve and nesting grounds.  It still means that 19 homes will be lost.  

Brown’s lackey, Jerry Meral, wants to paint this as an improvement?  What does CLCV think?  I know the Restore the Delta position.  

The Fracking Fracking Debate

 photo battlestar-fracking_zps16978822.jpgPavley Bill splits environmental community

by Brian Leubitz

Yes, I went with the Battelstar Galactica reference, but with the melee that is currently surrounding fracking legislation in the California legislature, battle is a good term. So, let’s start with the baseline: SB 4, Sen. Pavley’s legislation does not currenty include a moratorium on the environmentally questionable (!) practice of hydraulic fracturing (fracking).

The next four weeks will determine how aggressively California regulates the controversial oil-drilling technique known as hydraulic fracturing. And as state Sen. Fran Pavley points out, “four weeks is a long time, legislatively.”

The energy industry is watching these developments closely and with a degree of apprehension.

Pavley, D-Agoura Hills, has spent the summer engaged in negotiations with the governor’s office, energy industry and environmental groups. She’s the prime sponsor of SB 4, a bill that would tighten how California regulates hydraulic fracturing and how much public information drillers would have to provide about their activities. (Scott Detrow / KQED)

The debate over the moratorium has meant that there are environmentalists on both sides of the bill. However, in many ways it boils down to an issue of tactics, but I welcome any opinions that differ with me about this. Pavley’s bill is better than the status quo, but it doesn’t get the state to the total ban where it should be in the short term until it is totally clear that this process is safe. That data just isn’t there at this point, and with the data connecting fracking and earthquakes, safety seems to be in the background for the frackers.

So if SB 4 passes, and puts a few limits and regulations on hydraulic fracturing, the big question is whether there will be momentum for another major piece of legislation in the future. It is the ongoing legislative conundrum of wait for the perfect or take what you can get. Clean Water Action supports the measure (PDF), but Credo, MoveOn and other groups are looking to kill the bill unless it includes a moratorium. In related news, the California Democratic Party are on the record as supporting a moratorium. However, the party hasn’t specifically said anything about the current debate.

The bill will likely move forward within the next few weeks, but CREDO and others are calling for the bill to be shelved if there is no moratorium. We’ll know pretty soon which way this fight will go.

UPDATE: Lauren Steiner has an excellent post at CommonDreams about why SB 4 is worse than no regulation at all. Here is an emotionally powerful quote on her reasoning:

Instead, the flawed bill sets up a process for notification, disclosure, monitoring and permitting and simply calls for future regulations by other agencies and a scientific study.

Telling someone when you’re going to frack, where you’re going to frack and what chemicals you will use, is like a murderer telling you he’s going to shoot you on your front porch at noon tomorrow using an AK-47.

At the end of the day, you’re still dead.

Read the full post for a more full perspective from the perspective of environmentalists seeking to block SB 4.

As Assembly Returns, Legislators Call for Federal Fracking Regulation

Das Williams and other coastal legislators call for federal protection of sensitive ecosystems

by Brian Leubitz

The Assembly is back in session, but sometimes the important part of the job isn’t actually legislation. In a letter to the EPA and Dept. of Interior, several legislators are calling for more regulation on offshore fracking:

Assemblyman Das Williams (D-Santa Barbara) wrote the letter signed by seven other state legislators and sent to the the Department of Interior and the Environmental Protection Agency.

The lawmakers call for federal officials to consider new regulations for fracking under the seabed.

“Hydraulic fracturing poses great potential dangers to our sea life and all California residents,” Williams said. “This controversial well-stimulation technique needs greater scrutiny, particularly when it potentially jeopardizes our coastal way of life.” (LAT)

The letter was also signed by Sens. Pavley, Evans, and Jackson, and Asms. Stone, Levine, Bloom, Nazarian and Wieckowski.

Now, this isn’t the same thing as doing the important work of actually getting some solid legislation on fracking passed. That needs to happen ASAP, and while Sen. Pavley and other have had a bit of a rocky time of that, it is still yet possible to happen before the next election.