Read how money is shaping the national fracking debate

From Money to Burn published in Earth Island Journal:

The American energy industry is at a pivotal moment. New technologies like horizontal drilling and hydraulic fracturing (or fracking) have opened vast deposits of petroleum and methane that were previously inaccessible. While the glut of natural gas has helped to drive coal’s share of US electricity generation to an all-time low (and, in the process, has flattened out the country’s carbon dioxide emissions), it has also put drilling companies in a financial squeeze. Caught between low gas prices and the high costs of shale gas extraction, many companies are looking for ways to either cut corners or increase prices via a rise in demand. Natural gas producers are pressing hard for gas exports, increased reliance on natural gas for electricity generation, and subsidies for trucks and buses that run on natural gas. Oil companies, meanwhile, are demanding more shale drilling on public lands. And environmentalists, of course, are pushing back against these efforts, arguing that the drilling rush is endangering water quality and wildlife habitat and reducing the market incentives for creating the kind of renewable energy system that will further reduce CO2 emissions.
The high stakes translate into a political battle royale as the fossil fuel industry commits to spending whatever it takes to influence voters and elect politicians who are sympathetic to its interests.
The oil and gas industry has been a political juggernaut since the days of John D. Rockefeller and Standard Oil, and few sectors of society can match the industry’s influence in Washington. Since the 1970’s, when the nation’s cornerstone environmental laws were set in place, the oil and gas industry has again and again won major exclusions from environmental laws like the Clean Air Act, the Clean Water Act, and the Safe Drinking Water Act. Drillers’ waste is exempt from many standards on handling hazardous waste, and the so-called “Halliburton loophole,” passed in 2005, ensured that fracking lay outside of the purview of federal rules designed to protect the nation’s aquifers. The industry’s political clout is perhaps best demonstrated by the largesse it continues to receive from taxpayers – more than $55 billion in federal subsidies between 2011 and 2015 – even in an era of austerity.
In recent years, oil and gas companies have put their political machine into an even higher gear. In 2009, the American Gas Association spent more than $1.1 million on federal lobbying, nearly double the $581,000 it spent in 2006. According to a report from Common Cause, federal campaign contributions from fracking industry employees and their political action committees (PACs) have skyrocketed since the drilling rush began. In 2006, the fracking industry made about $1.6 million in campaign contributions; by 2010 that figure had grown to $4.5 million. So far in this election cycle, the oil and gas industry as a whole has made more than $30 million in campaign contributions to members of Congress and to fossil fuel PACs, putting the industry on track to break the record $37 million it spent during the 2008 election.
By comparison, as of late July alternative energy companies had made less than $1.4 million in contributions to federal campaigns.
The industry is also focused on speaking directly to voters to try to sway the outcome of the fall election. Just two industry associations – America’s Natural Gas Alliance and the American Petroleum Institute – have poured well more than $125 million into multimedia ad campaigns over the past three years. In January, the American Petroleum Institute (API) launched a saturation-style ad campaign dubbed “Vote 4 Energy.” The campaign by API features mainstream-looking people proclaiming that they are “energy voters” who support American jobs and drilling for domestic oil and gas. Jack Gerard, president and CEO of API, said during a January 4 speech: “API worked to ensure that energy issues were prominent in policy discussions in several early primary states last year, and we will ensure they remain front-and-center in all states.”
As a result of such paid media campaigns, television viewers are far more likely to see commercials extolling the benefits of natural gas than they are to see news reports on the controversy, according to an analysis by the media watchdogs at Fairness and Accuracy in Reporting. Five broadcasters – ABC, CBS, NBC, CNN, and Fox – produced a total of nine news segments focused on fracking between January 2009 and November 2011, amounting to less than an hour of coverage. By contrast, 530 ads for “America’s oil and gas industry” or “America’s natural gas” aired on those stations during the same time period. Those 500-plus ads total four and a half hours of broadcasting.

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How you can track FOIA requests pending at the EPA
Hess wins key air permit for gas power plant in Newark

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Read how money is shaping the national fracking debate Read More »

Pa charities spending millions to keep an eye on fracking

“Citizens groups and nonprofits around the nation are asking questions about environmental and health impacts of natural gas hydraulic fracturing, or fracking, and Pennsylvania charities are funding much of the debate, here and in other states.
“Foundations from Philadelphia to Pittsburgh have provided more than $19 million for gas-drilling-related grants since 2009, according to an Associated Press review of charity data. The money has paid for scientific studies, films, radio programs, websites and even trout fishing groups that monitor water quality.
“That’s led to expressions of gratitude from those who say state and federal governments aren’t doing enough on the issue, but also protests from some in the gas drilling industry, who claim there’s bias in the campaigns.
Read the full Associated Press story here.

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How you can track FOIA requests pending at the EPA
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Pa charities spending millions to keep an eye on fracking Read More »

How you can track FOIA requests pending at the EPA

Starting today, anyone filing requests with the Environmental Protection Agency under the Freedom of Information Act (FOIA) should find it easier to track the status of requests and receive agency correspondence and documents.

The new system, called FOIA Online, allows anyone to search pending FOIA requests and documents already released as the result of previous FOIA requests, submit a new FOIA request to an agency, track requests, see the status of any request and receive agency correspondence and documents all within the new system.

The Sunshine in Government Blog calls it a:

"
watershed moment in FOIA processing because it is a serious effort by the federal government to create a friendlier way for the public to exercise our right to information held by the government – and it’s a more efficient way for agencies to respond to FOIA requests."
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For thorough coverage of environmental news, issues, legislation and regulation in New Jersey and Pennsylvania, try a FREE subscription to EnviroPolitics, our daily newsletter that also tracks environment/energy bills–from introduction to enactment 

***********************************************************************************************************
 

Related:
FOIA Online goes live; new tool to track FOIA requests, responses 

Our most recent posts:
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Judge tosses NY Delaware River Basin fracking suit 
Decision signals death of ‘public nuisance’ climate cases
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RGGI sees fewer bidders but still raising tens of millions 

How you can track FOIA requests pending at the EPA Read More »

Hess wins key air permit for gas power plant in Newark

Hess Corp logo 

New Jersey environmental regulators have approved a key air pollution control permit
that will enable the Hess Corp. to build a 655-megawatt, natural gas-fired power plant
in Newark, NJ’s Ironbound section.


Construction is targeted to begin before the end of the year, following a 45-day EPA
air operating permit review.

Opposed by environmental groups


In May, the city’s planning board voted 7-1 to approve construction of the facility over
the objections of some neighbors and environmental groups like the Sierra Club who
argued  that the Ironbound already had more than its share of industrial facilities.


"You’re taking a community that has had more impact of pollution than almost any
other place in the United States and now you’re going to put up a power plant," Sierra
Club director Jeff Tittel said. "Instead of helping a community overcome its industrial
past and move forward, you’re throwing it backward."  

But Adam Zipkin, Newark’s deputy mayor of economic development, said that the city’s independent experts had "scrutinized the potential impact of this proposed plant on
Newark’s air quality"  and found the project “ is
likely to result in a net improvement to air quality by allowing the more polluting generators in our area — the coal and peaker plants — to run less often." 

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Questions about impact on taxpayers

NJBIZ
reports that “Under New Jersey’s Long-Term Capacity Agreement pilot program, or LCAPP, the Hess plant is one of three natural gas-fueled projects
eligible for payments from the state to make up the difference between price guarantees offered by the Board of Public Utilities and what utilities will pay the firms for electricity generation.


The price guarantees are meant to be incentives for the companies that build new power plants in the state, helping to lower electricity rates for residents. But critics of LCAPP are taking aim at the newly released Board of Public Utility contracts.


"It skews the marketplace significantly and will have lasting implications for decades," said Glen Thomas, president of PJM Power Providers Group. The organization aims to promote competitive wholesale electricity markets in the served PJM Interconnection Inc.‘s 13-state regional power grid.

In 2015, when a 15-year contract with CPV would begin, the state would pay the company nearly $30 million as a result of the subsidy program. That could potentially pave the way for more payments in subsequent years, as long as the market price for capacity stays below the state’s price guarantees.

For Hess, which has a contract starting in 2016, the first payout could be around $12 million, according to calculations based on data provided by the BPU. In the cases of both generators, Thomas said, "New Jersey ratepayers are now on the hook for the next 15 years to be paying what’s likely to be a very substantial premium." 

Job creation and economic benefits to Newark

The plant is expected to bring 400 new jobs during the three years of construction and 26 when it becomes operative, according to John Schultz, vice president of Energy Operations for Hess.

Hess promises to pay the city about $100 million over the next 30 years.

The Star-Ledger reports that the first $25 million will come right away in easements, environmental programs, a boiler replacement program and rehabilitation of the Ironbound Stadium.  The rest will come in payments in lieu of taxes — $2.6 million a year over the course of 30 years.

The $750 million plant would be erected near Newark Bay on a site, near a police firing range and the Essex County Correctional Facility, where Hess currently has maintains storage tanks. The property is a mile from the nearest private residence. 

Related stories
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Newark power plant secures environmental approval
If Newark gets new power plant, do residents get shaft?

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Hess wins key air permit for gas power plant in Newark Read More »

Judge tosses NY Delaware River Basin fracking suit

 

** Updated at 7 p.m. to add related stories and reaction from enviro groups** A federal judge has rejected New York State Attorney General Eric Schneiderman’s lawsuit seeking to force a full environmental review before the Delaware River Basin Commission allows natural gas drilling in a watershed that provides drinking water for millions of New Yorkers (and millions more in New Jersey, Pennsylvania and Delaware). The Associated Press reported this afternoon that:. "U.S. District Court Judge Nicholas Garaufis in Brooklyn ruled Monday in favor of the Army Corps of Engineers, the Environmental Protection Agency and other federal agencies. He said the lawsuit filed last year by Schneiderman was speculative, because the commission hasn’t adopted final regulations yet.  Garaufis noted that there will be plenty of time to file lawsuits after the regulations are adopted. See the full AP story here.  Environmental organizations react to the ruling “The judge’s decision recognized and validated the tremendous concerns over threatened gas drilling for the Delaware River, our organizations and communities — that he found he could not render a final judicial opinion at this time does not diminish his acknowledgement that gas drilling is a major threat to this region, and that the actions of the agencies involved should be the subject of judicial review,” said Maya van Rossum, the Delaware Riverkeeper. ”Of great importance, the judge did not side with agency efforts to simply and cavalierly set aside the role of the courts or the public in reviewing what the agencies are up to on this precedent setting matter.

“Riverkeeper is disappointed that the court concluded it was premature to decide whether DRBC and the Army Corps are required to conduct an environmental review of its proposed gas drilling regulations before finalizing them,” said Kate Hudson, Hudson Riverkeeper Watershed Program Director. “However, we are pleased that the court’s decision allows Riverkeeper to challenge these regulations if and when DRBC ends the moratorium and votes to put the regulations in place. The court emphasized that it is available and more than capable of stopping well development before any fracking wastewater is created if DRBC proceeds in a manner contrary to the law. Riverkeeper fully intends to sue again and ask the court to take such action if DRBC puts at risk the drinking water for millions of New Yorkers by opening the Delaware River Basin to drilling without completing a full environmental review.”
Related news stories:
Fracking Lawsuit In New York Dismissed By US Judge
Federal judge throws out NY AG’s lawsuit against DRBC

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Judge tosses NY Delaware River Basin fracking suit Read More »

Decision signals death of ‘public nuisance’ climate cases

Intensified storm and sea-surge damage is steadily eroding the Alaskan fishing village
of Kivalina, threatening its very existence. The villagers blame climate change and sued ExxonMobil and more than 20 other oil companies and utilities whose production of greenhouse gases, they contend, is responsible.

But it’s not only Mother Nature that’s giving the villagers a pounding.

Their lawsuit, based on the common law theory of nuisance, was dismissed by a federal district court in 2009 on the grounds that regulating greenhouse emissions was a political rather than a legal issue and one that needed to be resolved by Congress and the Administration rather than by courts.

On Friday, the Ninth Circuit Court of Appeals upheld the earlier ruling.

Foley Hoag attorney attorney Seth Jaffe writes today in Law & The Environment that the decision “may have sounded the death knell for public nuisance litigation concerning the impacts of climate change.”

Read Mr. Jaffe’s piece here and the full decision: Native Village of Kivalina v. ExxonMobil 


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Some big corporations cut emissions as Congress fiddles 


Decision signals death of ‘public nuisance’ climate cases Read More »