the fracking rebellion

November 13, 2014

wendy lynne lee photo of trio

Penni Laine, Maggie Henry, and Alex Lotorto from Pennsylvania help block FERC entrances to protest the agency’s approval of infrastructure for fracked gas. //photo by Wendy Lynne Lee

In Western Maryland last week, the Marcellus Shale advisory commission and state officials scrambled to finish reviewing three years of studies on whether to proceed with fracking in Maryland.

The election the night before, though, shifted the landscape utterly. The few commissioners who have consistently raised concerns about fracking in Maryland recognized that whatever safeguards were in the works, insufficient though they might be, could be dismissed by the newly elected governor, Republican Larry Hogan. What the science was starting to show about the health, economic and environmental hazards for the many could be ignored for quick profit for a few.

Meanwhile, at the other end of the state and in Washington, DC, a week of peaceful and bold protests was under way, showing what people will resort to when their fears are ignored, their lives disrupted, their communities shattered, and their remaining choices few.

As part of a week of actions called Beyond Extreme Energy (BXE), determined protesters headed for Cove Point and briefly took over a dirt hill where Dominion is building a pier for a fracked-gas export facility. Another protester locked herself to Dominion equipment at a predawn sit-in. In Washington, BXE activists blocked entrances at the Federal Energy Regulatory Commission (FERC), the mostly invisible and always intractable agency that rubberstamps pipelines, compressor stations and export facilities and is therefore the chief patron of the fracked-gas industry. The industry — and industry-bought politicians — have promoted fracked gas as clean energy and a solution to climate change when science and experience shows it is neither.

In all, about 80 people were arrested over five days in Washington and Cove Point. Some protesters had just finished walking across the country as part of the Great March for Climate Action. In addition, 15 people were arrested blocking a FERC-approved gas storage facility in salt caverns on Seneca Lake, NY.

blockadia by minister erik r mcgregor 2

Protesters used huge portraits of harmed families and a miniature town to block the front entrance to FERC’s offices.//photo by Erik R. McGregor

On Monday, protesters blocked the main entrance with giant photographs of Rachel Heinhorst and her family, who live across the street from Dominion’s Cove Point front gate, and the Baum family, who live near a giant compressor station for fracked gas in Minisink, NY. In front of the portraits was a small town of shops and homes, schools and parks. Homeland Security officers guarding FERC offices eventually pulled apart this little village, much as FERC destroys communities with its rulings.

On Friday, the final day of the protests, residents of the Pennsylvania shalefields told tearful yet angry stories to FERC staff who were blocked from their offices and who had gathered on the sidewalk to watch police cut out five activists linked by lockboxes. “You have no right to poison people,” said 61-year-old Maggie Henry, who was labeled an ecoterrorist in an FBI Joint Terrorism Task Force report. Her family’s 88-acre organic farm, mentioned in a 2009 New York Times article, is surrounded by the fracking industry. A mile away is a cryogenics plant; 4,100 feet away is a frack pad; a fracked-gas pipeline skirts the land, a gas-fired power plant is being built a few miles away. Four homes three miles away have replacement water tanks: “Water buffaloes dot the Pennsylvania landscape like lawn ornaments,” she said. An earthquake in March from nearby fracking damaged her home’s foundation and cracked the drywall. That farmhouse, which has been in her husband’s family for 100 years, sits empty and she is searching for land elsewhere. “I don’t have the nerve to tell people [the food] is organic,” she said, because of the nearby emissions of carcinogens, neurotoxins, endocrine-disrupters such as toluene, ethylene, butylethylene.

Penni Laine of Summit Township told a similar story: Her tap water can ignite, and she has an air monitor in her house. On a good day, she said, her daughter can say, “Yay, Mom, the air is ‘unhealthy’ today. It’s not ‘hazardous.’ ”

“We are living now in a war zone,” said Wendy Lynne Lee, a philosophy professor at Bloomsburg University of Pennsylvania who writes the impatient and scathing blog, The Wrench, about the fracking industry’s devastating occupation of her state. Trooper Mike Hutson with the Pennsylvania State Police/FBI Joint Ecoterrorism Task Force once showed up uninvited at her door. “FERC does not listen. FERC does not care. FERC needs to be disbanded. FERC needs to be dissolved,” she told the FERC crowd. “FERC exists to broker permits [for Chevron, Anadarko, Exco, Williams Partners and others]. FERC does not do anything but the bidding of big industry.”

swings by penn johnson

Protesters hold a photo of an empty swing with three frack towers nearby. //photo by Penn Johnson @ Spencerhjohnson.com

DEAR FERC photo

A protester holds up a poster with the abbreviated list of demands for FERC.//by John Abbe

A giant poster at the FERC action shows an empty swing with three frack towers rising in the background. Another showed a map of schools and frack sites and asked: “Our children are at risk. Would you send you kids to these schools?”

BXE protesters called on FERC to repeal permits for the Cove Point export plant, the Myersville and Minisink compressor stations, and the Seneca Lake salt-cavern storage facility; to halt future permits for fracked-gas infrastructure; and to consider as a priority the rights of human beings and all life on Earth.

Back at the Eastern Garrett Volunteer fire hall in Finzel, members of the shale advisory commission were reviewing the last three studies, all done by the staff at the state Departments of the Environment (MDE) and Natural Resources: a 241-page risk analysis, a 7-page traffic study and a climate study that barely runs over onto a fourth page.

Notable about the risk study is what it doesn’t cover: risks from downstream infrastructure (such as export plants and gas lines). The risk study doesn’t say one way or the other whether fracking can be done without “unacceptable” risks, the benchmark Gov. Martin O’Malley set in the executive order that put the commission and studies in motion. And the study says more monitoring and modeling would be needed to understand the cumulative and synergistic effects of fracking on air quality in Garrett County and the rest of the state. The overall probability of air emissions is high, the report says, while the “consequences cannot be determined at this time” because of a lot of unknowns. (Appendix B, p. 44) (Comments on the risk study, due Nov. 17, should be sent to marcellus.advisory@maryland.gov with the words “Risk Assessment” in the subject line.)

The greatest risks to humans, the report concludes, would be from truck traffic and accidents, noise, and methane migration to water wells. The last of those perils, the report says, could be reduced to a low risk if fracking operations are at least 1 kilometer (3,280 feet) from drinking water sources. (The state’s best practices propose a 2,000-foot setback from drinking water sources, with reductions allowed under some circumstances.) The greatest threats to the environment are from fragmenting forests and farms, and “subsurface releases or migration” — underground leaks — of frack fluid and frack waste. All the risk levels assigned assume that the state’s best management practices will be in place and enforced.

“We don’t know what the level of enforcement is going to be, we don’t know how many staff are going to be hired,” said Matthew Rowe, the MDE deputy director of the Science Services Administration who led the study.

“There’s no way you can verify and enforce some of these [best practices],” Commissioner Ann Bristow said, “but you use them to reduce the risk.” She called this one of the Catch-22s of the study.

The other, she said, is that the study ranks risks as lower only because few people in any one location would be affected. “You are studying risk analysis in an area that you know is sparsely populated and now you are using sparse population as a reason not to assess risk as severe.”

She held up a paper titled “LOCALIZED, AND DISENFRANCHISED: Who Endures Fracking Risks?” that lists numerous occasions when the study reduced the risk from high to moderate or moderate to low because the risks were “localized.” She had worked on the paper with Nadine Grabania, who co-owns a winery and farm outside Friendsville with her husband, Paul Roberts, the citizen representative on the shale advisory panel. For example: “The consequence of the release of drilling fluid is classified as moderate because, although it could cause considerable adverse impact on people or the environment, the damage would be localized.” (Appendix, p. 15)

“What I hear you saying is that because it’s occurring to a very small number of people, the risk isn’t that great,” Roberts said.

“We are talking about human beings who are living close to these facilities … where there is going to be considerable adverse effect,” Bristow said. Then ensued a brief discussion about how many people harmed is too many. Three? 500? Bristow said they would be “sacrificed.” Commissioner Harry Weiss objected, but Bristow said, “I am going to use some superlative language here” when so much is a stake.

Also troubling was that the risk study labeled many threats as “moderate,” which at first glance sounds downright reasonable and benign. All things in moderation, as they say. But, Bristow and Roberts said, the study defines moderate as: “Considerable adverse impact on people or the environment. Could affect the health of persons in the immediate vicinity; localized or temporary environmental damage.” Suddenly, moderate is sounding rather grim. And keep in mind that all but four counties in Maryland lie on top of shale basins.

Commissioner George Edwards, re-elected state senator in the Republican rout of the night before, was getting impatient. Worried about trucking? A distribution center brings traffic, too, but no one would ask for a risk study on that, he said. Forest fragmentation? Wildlife and hunters like it, he said. You can’t get 100 percent guarantee on anything, he also said. And, mocking Trout Unlimited’s push for a ban on fracking in the Savage River watershed, Edwards said, “Maybe we need to do a study on the fishermen to see if they might get hurt if they slip on a rock.” One of the commissioners, Nick Weber, who had long pushed for the risk study, is a past chairman of the Mid-Atlantic Council of Trout Unlimited.

“You are going to see a big change in Annapolis this year,” Edwards said. “We had an election. … People went and voted, and they elected people that publicly said they supported drilling but they want it done right.” He also mentioned that he had not read the risk analysis.

And on Friday, the day Pennsylvanians told their stories of despair outside FERC’s offices, the day protesters were shouting “The people are rising. No more compromising,” and signs said “Protect Our Children. Stop Drilling Near Our Schools,” and “Climate Can’t Wait,” The Cumberland Times-News published reactions from Edwards and Del. Wendell Beitzel about the election. Beitzel called the election a “game-changer.” The commission’s onerous proposals would squash drilling in Maryland, he said, and he hoped the new administration would moderate regulations, “more like what other states have done.”

Indeed, during the campaign, Hogan accused the state of “studying [fracking] to death.” As an “all-of-the-above kind of guy” on energy, Hogan called natural gas a “clean energy” and fracking “critical to our state economy.”

Protests continued Monday at Cove Point, where Lusby resident Leslie Garcia was arrested while trying to deliver an eviction notice to Dominion. About 50 residents and other supporters picketed at the entrance of the construction site. “I have nothing to lose by protesting, because I have everything to lose if this project continues,” Garcia said.

–elisabeth hoffman

ferc face the families

FERC: Face families you hurt.//photo by Erik R. McGregor

 

 

 

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7 Responses to “the fracking rebellion”

  1. impeachemall said

    We and the global ecosystem are FERCed.

  2. Dan Helfrich said

    This is an excellent piece, thanks.

    Hogan thinks fracking is “critical” to Maryland’s economy. Really? Who else besides him says so? Dominion? The US Chamber of Commerce? Geez, he better get a clue, or Maryland is going down the tubes right behind Pennsylvania.

    • V Appalachia said

      The Garrett County Chamber of Commerce consistently parrots the US Chamber of Commerce’s mindless, greedy support for fracking, despite receiving county funding to function as a tourism promotion entity.

      The local chamber’s director has chosen to ignore evidence from places like Tioga County, PA that show that fracking and rural tourism do not mix. People come to Garrett County to escape traffic and industrialization, not be surrounded by it.

      This fall, an economic analysis done by county staff found (in 3 of 4 scenarios studied) that fracking would cause greater deficits to the area’s property tax revenues than it would generate through the county’s 5.5% severance tax. Will the governor elect care about such warnings?

  3. Anne Meador said

    Reblogged this on Cetology and commented:
    There is currently a fragile moratorium on fracking in Maryland. Although the Democratic candidate for governor, Anthony Brown, expressed his support for fracking and would have followed his party in this regard, he likely would have obtained some political cover before abolishing the moratorium. With the new governor, however, we’ll see the moratorium swept away as soon as he can manage it.

  4. My heart breaks for the people who are being sacrificed in the name of profit for a few. And my heart is filled with gratitude for all who took part in the BXE week of protests, and the ongoing protests. It is going to take great courage and patience to stand up against such a pro-fracking tide. And with Logan coming into office, fracking is on its way to Maryland. Deeply discouraging. Yet, we must continue to stand for what is just, to stand for the basic premise that no one deserves to be sacrificed. Poisoning people and our environment makes absolutely no sense! It’s beyond comprehension and yet happening at lightening speed, with so many more people soon to be profoundly, negatively affected by the surge in fracking now that the Dominion Cove Point export facility is approved. I don’t know how the people who have decided fracking is safe can sleep at night. They must know somewhere in their subconscious they’ve got blood on their hands.

  5. pat said

    Is anyone doing anything about this in PA and legit organizations?

    • Many organizations, such as Marcellus Outreach Butler (residents in northwest PA) and Southwest Pennsylvania Environmental Health Project (helps people in their homes)…and so many others.

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