How Natural Gas Drilling Contaminates Drinking Water Sources [Infographic]

How Natural Gas Drilling Contaminates Drinking Water Sources

How Natural Gas Drilling Contaminates Drinking Water Sources

New pro-fracking group lacks CRED-ibility

Executives at Anadarko and Noble Energy are the board members and the Western Energy Alliance’s communications manager is the spokesperson for a new natural gas group in Colorado. The Center for Western Priorities takes a look at this group and asks the obvious question – is it willing to break ranks with the oil and gas industry, or is it just another empty mouthpiece.

A new industry-backed oil and gas group has sprung up in Colorado, and it’s calling itself CRED (Coloradoans for Responsible Energy Development). According to profiles in the Denver Business Journal and Greenwire, the group was created by top executives at two of Colorado’s biggest oil and gas players. CRED says its purpose is to correct Coloradans’ misunderstandings about the oil and gas industry. But, clever acronyms aside, the group is going to have to prove its CRED-ibility as an impartial, legitimate information source, before anyone’s going to take it seriously. That means acknowledging facts and taking positions even if they conflict with industry talking points.
— (CWP blog post, 9/10/13)

Read the full post and judge this new group for yourself.

Ken Cuccinelli’s Conflict of Interest Problem: The CONSOL Energy Campaign Contributions Timeline

The unfolding controversy around Attorney General Ken Cuccinelli’s involvement with CONSOL Energy Inc., a Pittsburgh-based fossil fuel (oil, gas and coal) company, has focused on the widely criticized assistance his office provided the company. It also has focused on the total amount of money Cuccinelli has received from CONSOL.

When forced to respond to C&BP recently, Cuccinelli has asserted the company “gave me $100,000 after I opposed them.” A comparison of the timing of contributions and actions that favored CONSOL paint a very different picture.

Ken Cuccinelli and Consol Energy Campaign Contributions

In the first eight years of Mr. Cuccinelli’s political career (state senate), his campaigns received a total of $3,500 from CONSOL. However, once elected to Attorney General, his office began taking actions that favored CONSOL and disadvantaged southwestern Virginia landowners who hadn’t been paid by CONSOL. A comparison of the timelines of actions and money show a pattern of accelerating support as favorable actions increased, bringing a total of $140,000 to Cuccinelli after the actions favorable to CONSOL began.

In June 2010, Mr. Cuccinelli issued an advisory opinion that limited the jurisdiction of the Virginia Gas and Oil Board that forced Virginia landowners to go to court over royalty payments, a move clearly in CONSOL Energy’s favor.

Two months later, in August 2010, his office sided with CONSOL and against Virginians in a lawsuit to recover improperly withheld royalties, helping the out-of-state oil company defend against a claim by Virginia landowners.

From August 2010 through April 2012, Cuccinelli’s office (through a Senior Assistant Attorney General Sharon Pigeon) began secretly providing legal research and advice to CONSOL’s attorneys regarding the lawsuit, outside of the scope of the AG office’s official capacity. The Virginia Inspector General is now investigating to determine whether the AG’s office misused taxpayer funds.

Finally, Mr. Cuccinelli, helped CONSOL again earlier this year when he issued another advisory opinion that barred local jurisdictions from using zoning laws to establish fracking moratoriums.

Q&A: ALEC’s new tactics to weaken renewable laws

This Q&A originally appeared in Midwest Energy News. 

By 

ALEC40Though bills meant to revoke or undercut renewable standards in numerous states failed last session, clean energy advocates say the model Market Power Renewables Act and the Renewable Energy Credit Act proposed by ALEC’s energy task force during the conference pose a fresh threat.

The Market Power Renewables Act argues for a “voluntary market” that would allow people to invest in renewable energy if they choose without instituting mandates, and it claims that such an approach could lead to more renewable energy development overall.

The Renewable Energy Credit Act would expand the types of energy that would count toward credits. It would also remove caps on the proportion of an RPS that can be met through credits – a provision now enshrined in many states’ laws. And it would also allow the renewable standard’s full term – for example through 2025 – to be met in advance by bulk purchases of credits to meet future requirements.

The ALEC conference also included presentations by the American Petroleum Institute on local hydraulic fracturing bans; offshore energy as “good sense and good cents”; nuclear energy’s role in baseload electricity production; and the U.S. EPA’s “assault on state sovereignty,” hosted by a representative of the Competitive Enterprise Institute.

Gabriel Elsner, director of the pro-clean energy watchdog Checks and Balances Project, was among the advocates banned from ALEC’s meeting in Oklahoma City in May. Elsner was in Chicago for the recent conference, in an effort to learn more about state legislators’ and corporate executives’ ties with ALEC. The Checks and Balances Project also collaborated with the Center for Media and Democracy and Greenpeace to publicize ALEC’s confidential agenda and proposed model bills.

Midwest Energy News spoke with Elsner during his visit.

Midwest Energy News: Given that ALEC was unable to pass its bills last year, how serious a threat do these model bills pose to RPS standards and to renewable energy development as a whole?

Elsner: ALEC completely failed in 2013 to weaken or eliminate RPS laws. We’ve seen that because there’s bipartisan support for clean energy. Businesses and communities are seeing local economic development and job creation because of these laws.

ALEC’s new model legislation is a stealth attack on RPS’s. They are framed in a way that makes them seem pro-clean energy, but would open up RPS’s to allow sources of electricity – from large hydropower to landfill gas — to be included in state laws that are supposed to incentivize clean energy sources like wind, solar and geothermal. The net effect would be reduced incentives for local, clean energy development in states that adopted this new bill.

ALEC’s proposed “Market-Power Renewables Act” doesn’t mention hydropower or landfill gas – how do you figure it would allow such energy to be counted toward RPS compliance?

This bill as written would open up the market to the different registries that regulate renewable energy credits. For example, in Kansas, your renewable energy credits are regulated by a different entity than in California. But if Kansas passes this law, they could buy RECs from hydropower plants in California or Oregon to fulfill the entire RPS.

That’s already allowed in some states, how would this law be different?

I looked at the regional registries for RECs listed in the model bill. REC registries define renewable energy differently – some include hydropower plants as large as hundreds of megawatts. Others include landfills gas and biomass projects.

ALEC’s new model bills would create a lowest common denominator that would weaken the traditional RPS’s by allowing out-of-state RECs to fulfill the entire RPS. If building a wind turbine in Kansas cost a dollar and five cents but you could go out and buy an REC for a dollar from a hydropower plant in Maine, the utilities would go out and buy a credit and not build the local clean energy project. It would eliminate the economic benefit and jobs in the state.

Palmer-House-Phillip-CantorWhat exactly is an ALEC model bill and where does it go from here?

The bills were discussed by the ALEC Energy, Environment and Agriculture Task Force on Friday and voted on by a combination of corporate representatives like AEP and Exxon Mobil and legislators who sit on the task force. Once it passes the task force, a bill goes to the executive board of ALEC. [If the board approves,] it becomes a model bill and is sent out to ALEC legislators across the country.

Who are ALEC legislators?

ALEC doesn’t publish a list of which legislators are members. The Center for Media and Democracy has compiled a list at ALECExposed.org. Right now, we know that about 25 percent of all state legislators are members of ALEC. Legislators who attacked RPS’s last year were in Chicago for the conference.

At the conference ALEC also discussed a model resolution supporting grid modernization. This would appear to put ALEC on the same page as clean energy groups. Is their support really a way to introduce curbs on improving the grid or promoting renewables on the grid?

It would be great if utilities were for grid modernization because it could lead to more clean energy development, smart meters, net metering. But more likely is that members of the ALEC energy task force are supporting grid modernization to maximize the benefits to the utilities at the expense of ordinary consumers.

It’s also a model resolution – not model legislation – so it lacks any details on what pieces of grid modernization they would actually support. The model resolution supports cost recovery by utilities, but would they support the increased use of smart meters and net metering?

If model bills don’t benefit the utilities and other fossil fuel interests funding ALEC, it’s probably not going to pass the task force.

ALEC calls for the possibility of buying renewable energy credits from businesses and private citizens. Might this in a sense further the goal of distributed energy and create incentives for people or businesses to generate their own renewable energy?

In theory this could lead to increased use of clean energy by opening up a voluntary market for RECs. But it’s more likely that opening the RPS to large existing hydro and other sources of electricity would water down the market and undermine in-state clean energy development.

It’s important to point out that RPS’s are already driving clean energy investment. In Kansas alone, it resulted in $3 billion of private sector investment in clean energy last year. These policies are working – if the members of ALEC really want to support clean energy they should work to increase the RPS standards.

The ALEC energy task force also passed a resolution to oppose a carbon tax. How much political significance does this have, especially given that ALEC works on the state level, and a carbon tax would be federal?

[The resolution] is a problem because it is a message to our national representatives in Congress. If state legislatures start passing resolutions against a carbon tax, it would send a strong message to people in Washington, D.C. that a carbon tax is not politically feasible.

What do groups hope to accomplish by publicizing ALEC’s agenda and model bills?

Transparency is always a good thing. ALEC for far too long has operated behind closed doors – lobbying our state legislators on behalf of their corporate members. The Checks and Balances Project is trying to bring accountability to that process by showing the public that major fossil fuel interests are working to impact our energy policy through ALEC.

Have these efforts had an impact already, such as with the failure of the bills in the past year?

I think that they have certainly mobilized people who are in favor of clean energy. ALEC’s attacks on clean energy mobilized businesses and other allies to defend these important policies. I think these attacks on something as popular as clean energy is also having an impact on ALEC itself, with many corporations deciding to leave ALEC because of the controversy surrounding the organization.

In regards to ALEC’s energy work, it’s no surprise that they are launching the next attack on clean energy policies. ALEC is a front group representing major fossil fuel interests, that see the growth of the clean energy industry as a long-term competitive threat.

Fossil Fuel Interests Continue Attacks on Clean Energy Policies

This response was originally posted at National Journal’s Energy Insiders blog, which asked energy experts this week, “How Bright Is Renewable Energy’s Future?”

The outlook for clean energy remains strong because smart investments like state Renewable Portfolio Standards (RPS) are combining with technological innovation to produce tremendous growth for the industry and tens of thousands of good-paying American jobs. These policies have successfully stood up to forceful attacks from entrenched fossil fuel interests in more than a dozen states in the past year. Washington should take note that the public supports and wants more energy from renewable sources.

At the state level, fossil fuel interests have worked through the American Legislative Exchange Council (ALEC) to weaken or eliminate RPS, because the clean energy industry poses a competitive threat to their market share. State renewable energy standards are projected to add enough new renewable power capacity by 2025 to power 47 million homes.

So, it’s no surprise that fossil fuel interests like American Electric Power, Peabody Coal, ExxonMobil and others are working to rollback renewable energy laws. These corporations that sell electricity produced from coal and natural gas are in direct competition with electricity generated from clean energy sources. This year, ALEC members and fossil fuel-funded front groups worked to rollback RPS laws in at least 13 states. But, a bipartisan coalition of business leaders, farmers and clean energy advocates stopped them in their tracks. Of all the bills proposed by ALEC members to weaken or eliminate RPS, 0 out of 13 passed, including in key target states like Kansas, Missouri and North Carolina.

Despite failing completely in 2013, ALEC’s energy task force met last week to propose new model bills that would effectively gut RPS laws by allowing large, existing hydro and landfill gas and other electricity sources from out-of-state to count towards the Renewable Portfolio Standards. The Market-Power Renewables Act and the Renewable Energy Credit Act would let utilities meet the clean energy standards by purchasing credits from out-of-state companies instead of generating or buying their own clean energy. In effect, the new model bills would eliminate incentives for in-state clean energy investment that are creating jobs and economic opportunities. Since their inception 10 years ago, RPS laws have leveraged over $100 billion in private sector investment in clean energy in 29 states.

ALEC and fossil fuel-front groups are lobbying our state representatives and spreading disinformation behind closed doors to attack pro-clean energy laws. With energy policy mostly stalled at the federal level, fossil fuel-funded attacks on the state level will continue and likely ramp up in the future, posing a major threat to the clean energy industry and the policies that support its growth.

Hickenlooper’s Fifth Misdeed: Recording a misleading radio ad for oil & gas lobbyists

In 2012, Gov. John Hickenlooper recorded a misleading radio ad paid for by the Colorado Oil & Gas Association. In the ad, the governor parses his words to make the claim that Colorado has not had a single instance of drilling and fracking contaminating groundwater, since 2008.

“In 2008, Colorado passed tough oil and gas rules. Since then, we have not had once instance of groundwater contamination associated with drilling and hydraulic fracturing.” – Gov. John Hickenlooper

The records show that Gov. Hickenlooper’s claim is a nice, industry-friendly talking point. But, it’s entirely misleading when it comes to the facts about spills in the Centennial State.

A review of the Colorado Oil and Gas Information System shows that approximately 20 percent of all spills in 2012 resulted in water contamination; 22 of those spills impacted surface water, while 63 impacted groundwater. Fifty-seven percent of spills during the year occurred within 1,500 feet of surface water, and 28 percent of the spills occurred within 500 feet of surface water. Thirty-seven percent of spills – 147 of 402 – occurred less than 50 feet from the shallowest ground water, eight percent occurred between 50 and 100 feet from groundwater, and 9 percent occurred more than 100 feet from groundwater.

In June of this year, Bruce Finley at the Denver Post reported that, according to Colorado Oil and Gas Commission records, 179 oil and gas industry spills occurred in the state, just during the first half of 2013. In 26 of those spills, groundwater was contaminated, and 15 of them directly polluted ponds and creeks.

In one of the highest profile spills, people living near Parachute Creek learned in March that an ongoing hydrocarbon spill near Williams Midstream’s Parachute Gas Plant dumped more than 10,000 gallons of hydrocarbons into the ground.

Today, the Parachute Creek spill has been ongoing for more than six months, and testing in July shows that levels of benzene – a carcinogen – are elevated, again. Parachute Creek is a tributary to the Colorado River, a main water source for the region, and the benzene levels in the creek exceed state water quality standards.

In a second well-known spill that occurred in June, WPX Energy reported the release of 2,100 gallons of water that had been polluted by the drilling and fracking process. The spill occurred two miles south of the Colorado River, and most of the contaminated water was absorbed into the soil.

When Gov. Hickenlooper plays word games, like he did in COGA’s radio ad, he’s following industry’s lead. They like to parse the term fracking and then claim it’s never hurt water supplies. This is the sort of wordplay usually heard from teenagers explaining why they didn’t actually break curfew. The entire drilling and fracking process contaminates water – groundwater and otherwise – removing millions of gallons from the water cycle, in addition to what it pollutes on the surface.

Gov. Hickenlooper is being dangerously dishonest with Coloradoans when he says that fracking has never contaminated groundwater. He needs to stop prioritizing oil and gas companies over the safety of the people who elected him.

This is the fifth installment in our blog series “Hickenlooper’s Misdeeds” which shines a spotlight on how Colorado Gov. John Hickenlooper has put the interests of oil and gas companies ahead of the health of Colorado families and local communities.

Hickenlooper’s Misdeed #4 – Opposing local efforts to protect residents from oil & gas drilling pollution

Gov. John Hickenlooper continues to oppose local efforts to protect residents from oil and gas drilling pollution, going so far as to sue local governments and taxpayers.

In his most recent action, the Hickenlooper-appointed Colorado Oil and Gas Conservation Commission openly joined the Colorado Oil and Gas Association, an industry lobby-group headed-up by CEO Tisha Schuller, in the administration’s second lawsuit against the city of Longmont.

As drilling operations encroach more and more on suburban and urban residential neighborhoods, Colorado communities have taken steps to protect residents while the Hickenlooper administration has actively opposed stronger health and safety protections.

In a February interview for CBS affiliate 4 News, Gov. Hickenlooper said that he would, “have to” sue every city and county that passes a fracking ban.

However, local elected officials aren’t taking the governor’s attacks lying down. In June, after Gov. Hickenlooper helped kill bills in the legislature to improve drilling and fracking regulations, 100 current and former local electeds signed a letter to Gov. Hickenlooper that read, “We would like to work with you in crafting an improved approach to addressing oil and gas development in Colorado.”

The letter went on to read, “We are concerned that the State’s positions do not adequately address the growing outcry from our citizens who are concerned about the health and safety of their families, the livability of neighborhoods, and the long-term economic vitality of our communities.”

As far as we know, that meeting hasn’t happened. As a former mayor of the City of Denver, one would think Gov. Hickenlooper would support local control and the right of municipalities to protect residents from dangerous oil and gas operations.

Ironically, he recently admitted that “oil and gas is an industrial process that none of us want in our backyard.”

As long as he insists on making oil and gas companies a priority over the health of Colorado families, he should expect local officials and residents to get involved. The least he could do is stop wasting taxpayer money on lawsuits fighting communities from doing the job he’s failed to do, protect Colorado.

This is the fourth installment in our blog series “Hickenlooper’s Misdeeds,” which shines a spotlight on how Colorado Gov. John Hickenlooper has put the interests of oil and gas companies ahead of the health of Colorado families and local communities.