Ohio Tries to Escape Fate as a Dumping Ground for Fracking Fluid

Bloomberg Businessweek
Feb 01, 2012

By Mark Niquette

Feb. 1 (Bloomberg) -- The millions of gallons of chemical- laced wastewater that fracking produces must flow somewhere, and Ohio is trying not to be that place.

The oil and natural-gas drilling boom spurred more permits for disposal wells there during the past two years than during the previous decade combined. The volume injected into them was on a near-record pace last year, according to the Department of Natural Resources, and more than half was from out of state. That included 92.6 percent of the water sent to a Youngstown well closed last year after 11 nearby earthquakes.

“We have become in Ohio the dumping ground for contaminated brine,”

state Representative Armond Budish, the House Democratic leader, said at a Jan. 26 forum in Columbus. “We didn’t prepare adequately for the potential for earthquakes and other environmental problems.”

Now, Ohio is considering tightening regulations governing wells in response to the temblors and seeking to stem out-of- state fluid shipments. It’s an example of the challenges U.S. states face as they try to enjoy hydraulic fracturing’s economic boost while avoiding its side effects.

Ohio’s situation highlights the tradeoff that may come with the technique of using chemical-laced water to bring forth natural gas and oil, said Glen Andersen, energy program director for the National Conference of State Legislatures in Denver. While states benefit from investment by companies including Chesapeake Energy Corp., Halliburton Co. and Vallourec SA, they also may contend with roads damaged by heavy equipment and concerns about polluted drinking water, he said.

Negotiating the Constitution

“It doesn’t necessarily mean there needs to be this tradeoff with environment versus energy extraction,”

Andersen said in a telephone interview. “It really comes down to the degree to which it’s regulated and whether those regulations are enforced.”

In Ohio, companies pay to operate disposal wells after they have been approved by the state, and brine haulers hired by drillers pay the companies to inject the fluid. The well owners pay a disposal fee to the state of 5 cents per barrel for brine originating in the state and 20 cents for out-of-state wastewater, according to the Ohio Natural Resources Department.

Republican Governor John Kasich said that while he’s not happy about the increasing volume of wastewater from neighboring states, the U.S. Constitution prohibits interference with shipments. He declined to speculate about what might be done.

Soaking It Up

“When people are using our things, and they could disrupt our ability to have progress here, we have to be concerned about it,” Kasich said in an interview in Columbus on Jan. 26. “We’re thinking about what we can do and not violate the interstate commerce clause.”

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Why did Cheney make gas drilling exempt from the Clean Air and Water Acts. This is why! (VIDEO)

Source: unknown

To White House January 28, 2012

Why did Cheney make gas drilling exempt from the Clean Air and Water Acts. This is why!

Carl Stiles of Bradford County, PA passed away yesterday. He had been fighting health issues ever since finding high levels of barium and arsenic in their well water, and fought hard and suffered much in the last 2 years, has lost the fight tonight. Stiles had intestinal cancer which he blames on Chesapeake’s gas drilling. He and his wife abandoned their home last November at the urging of a toxicologist who found barium, arsenic, and VOCs (volatile organic chemicals) in Carl’s blood. Strontium, uranium and radium were found in their water. They were told to expect to get leukemia within two years. Carl did not have that long.

Your inclusion of shale gas as a panacea for all our woes in the State of the Union speech was reckless and ignorant. You will cause the death of thousands soon and millions down the road if you do not immediately stop this insane process.

There is no reason for it except greed. With a bit of patience, common sense and true concern for the well being of our people, we can follow Germany's example and get off poisonous fuels- nuclear and fossil fossil - forever.

.....................

Some call it murder - What do you think?

.....................

Dear All,

Carl Stiles, who stayed with his fiance, Jude, at my house last year
after his home was contaminated, passed away yesterday. He had been
fighting health issues ever since finding high levels of barium and
arsenic in their well water, and fought hard and suffered much in the
last 2 years, has lost the fight tonight.

His widow, Jude, asked that memorial donations be made to GDAC.
I thought you would be touched.

- paula

Carl Stiles had intestinal cancer which he blames on Chesapeake's gas drilling. He and his wife abandoned their home last November at the urging of a toxicologist who found barium, arsenic, and VOCs (volatile organic chemicals) in Carl's blood. Strontium, uranium and radium were found in their water. They've been told to expect to get leukemia within two years."
http://waterandmoreblog.com/2011/06/21/gas-drilling-disrupts-lives-endangers-...
.......................................................

How many innocent people have to suffer for the greed of the industry? How many people's families have to be completely destroyed before anyone truly does anything about this 'horror' and 'catastrophe' called hydraulic fracturing?

We say BAN IT NOW!

Here's a draft of our law to criminalize hydrofracking: New York Public Law #1

Source
FrackBustersNY.org

DRAFT — AUGUST 2011 — DRAFT
This bill was conceived and drafted by SPAN (Sovereign People’s Action Network of Ulster and Greene Counties) — Mark DeNat, Mary Finneran, Richard Grossman, Linda Leeds, Mary MacArthur, Joan Walker-Wasylyk, Jay Wenk with Carl Arnold, Kate Bartholomew, Gusti Bogok, Suzannah Glidden, Jack Ossont and Maura Stephens, representing themselves and several groups from around New York State









SUMMARY: Amends the penal code to criminalize hydraulic fracturing, or fracking, and related activity, and to subject all persons, corporations and government entities that engage in fracking and related activity to criminal penalties.

Sponsors:

_____________________________________________________________________

BILL TEXT:
STATE OF NEW YORK
2011–2012 Regular Sessions
IN ASSEMBLY/SENATE
September __, 2011
________________

Multi-Sponsored by:
Introduced by:
The People of the State of New York, represented in Senate and Assembly, do enact as follows:

Section 1. The People of the State of New York declare that use of fracking technology for the purpose of extracting “natural” gas, oil or water, or for any other purpose is destructive to public health; is destructive to the environment, community, economic stability and jobs; is destructive to representative government; and is destructive to the fundamental integrity of the body politic.

Section 2. Definitions

§2a. The term “hydraulic fracturing,” or “fracking,” means all the processes involved in mapping, exploring, developing, drilling, extracting, disposing, processing, storing and distributing fossil fuels via hydraulic-fracture drilling. Fracking shall also include any water extraction used for these processes, and all shipping or disposing of solid or fluid wastes or residues from these processes.

§2b. The term “corporation” means a legal fiction, an artificial entity created under the laws of New York State or another state of the United States, or under the laws of another nation, that is operating in New York State. This term includes any limited partnership, limited liability partnership, business trust or limited liability company organized under the laws of this State or any state of the United States or under the laws of any other nation, and any other business entity that possesses New York State-conferred limited liability attributes for its shareholders.

“Corporation” also applies to any business entity in which one or more owners or partners is a corporation or other artificial entity in law that limits shareholder liability for corporate debt, harm and culpability.

“Corporation” also applies to all categories of nonprofit, not-for-profit and municipal corporations as well as all authorities and commissions.

Section 3. Declaration. The people of New York State, to protect the health, safety and welfare of all species, including humans, along with the lands, waters, communities and economies of New York; to protect existing industry, businesses and jobs; and to ensure the viability of industry, businesses and jobs in the future, declare fracking, and all activities that enable or are related to fracking, to be criminal offenses.

Section 4. Statement of Law. A human person, a legal-fiction corporation or other entity is guilty of the crime of fracking if he, she or it

§4a. spends money or arrays technical equipment to locate, study or extract oil, gas or water through fracking from anywhere in New York State.

§4b. imports fracking-related materials, including fracking wastes, into the State.

§4c. withdraws water from New York State surface water or groundwater for use with fracking in New York State, or for use with fracking in any other state, territory or country.

§4d. owns, possesses or transports fracking paraphernalia anywhere in New York State.

§4e. advertises, markets or disseminates fracking-related information to the public or to public officials by print, electronic or oral means, or pays others to do so.

Section 5. Application of law to entities other than human persons and legal-fiction corporations. This law also applies to any New York State or local government entity, agency, instrumentality or official (elected or appointed), including members of the State judiciary.

Section 6. Penalties

§6a. It shall be a Class C felony for any person, corporation or syndicate, State entity or State employee (elected or appointed) to engage in fracking. Any person found guilty of fracking shall be sentenced to imprisonment and made to pay a monetary fine. The prison term shall be fixed by the court and shall not be less than five years or greater than twenty years. The minimum period must be fixed by the court and specified in the sentence. Any corporation found guilty of fracking shall be subject to penalty as described in Section 7. In no instance shall the monetary fine be less than one million US dollars per violation of this law.

§6b. Article 80 of the penal code (“Fines”), Section 80.00 “Fine for felony,” shall be added to as follows:

“1.c.(v) for Class C felony convictions of ‘Fracking’ and ‘Fracking-related activity,’ the minimum fine for individuals is one million dollars for each offense.” Section 80.10 “Fines for corporations” shall be added to as follows: “4. Corporate officers and board members convicted of felony ‘Fracking’ and ‘Fracking-related activity’ shall be fined a minimum of one million dollars each for each offense.”

§6c. A separate offense shall arise for each day or portion thereof in which any violation of this law occurs, and for each section of this law that is found to be violated.

Section 7. Culpability of corporate officers and directors

§7a. If a corporation of any classification is found guilty of fracking and/or related activity, a court shall assume that all members of the corporation’s board of directors (or otherwise-labeled governing board) and the CEO, CFO, president and all vice presidents possessed full knowledge of the crime and are guilty of willful intent. Therefore all members of the board of directors and the abovementioned officers must be found guilty of complicity and of criminal negligence, sentenced to imprisonment and fined at least the minimum amount of one million US dollars each for each offense as specified in this law.

§7b. New York State corporations. If any corporation of any description that has been chartered in New York State is found guilty of fracking or any fracking-related activity, the New York State Attorney General shall immediately begin proceedings to revoke that corporation’s charter.

§7c. Corporations chartered outside New York State. If any corporation of any description that has been chartered in another state or nation is found guilty of fracking or fracking-related activity in New York State, the New York State Attorney General shall immediately begin proceedings to revoke said corporation’s authority to do business within New York State and to seize all assets this corporation may have within New York State, which will be sold at auction, with proceeds going to the New York State treasury.

§7d. Government employees, agents or representatives. Any employee, agent or representative of any State entity, agency or instrumentality, or any municipality, town, city, or county entity, agency, instrumentality, authority or commission, or official (elected or appointed) that is found guilty of enabling, assisting or encouraging fracking or related activity anywhere within the State of New York shall be liable to the party or parties injured and shall be responsible for paying compensatory and punitive damages, and all costs of litigation.

Section 8. Severability

The provisions of this law are severable. If any section, sentence, part or provision shall be held illegal, invalid or unconstitutional, such a holding shall not affect, impair or invalidate other sections, clauses, sentences, parts or provisions of this law.

Section 9. Charge to New York State officials

Should this law be challenged in New York State or United States courts, New York State elected and appointed officials shall defend this law with diligence, vigor, persistence and determination on behalf of the people of New York State. In such defense, they shall draw upon New York State’s financial resources and reserves, and upon the people of New York State’s deep human expertise in law, history, jurisprudence and trial defense. The State shall appeal all trial losses to the next highest court, and persist in appeals up to the highest court in the land. The Attorney General of New York State shall consult with grassroots fracking-opposition groups on strategy, tactics and crucial decisions in execution of the defense of this law.

Democrats Frack The Vote - (VIDEO)

CapitalTonight.com

For the hardcore political junkies out there — and really, you’re the ones reading this blog — here’s a look at the voting for the resolution backing a ban on hydrofracking at the fall meeting of the Democratic Party this afternoon. And it’s also an added bonus for the Robert’s Rules Of Order aficionados (you know who you are).

The vote for both the hydrofracking resolution and another measure backing a tax on those making $1 million and more were laid aside.

The scene below was in stark contrast to less than a hour earlier when Gov. Andrew Cuomo spoke and drew a standing ovation when he walked in the door.

CLICK HERE TO VIEW VIDEO

What the hell is wrong with these people? Why the hell is a vote count denied? The process has NOT worked the way it is supposed to work.

'Fracking' protesters say drilling jobs not worth environmental risks

September 20, 2011|By Sarah Hoye, CNN

Charlotte Bevins' long blond hair blows in the wind as she stands amid protesters, her eyes red and puffy from crying.

Just four months ago, Bevins' brother, Charles, lost his life in a drilling accident in central New York. He was 23, a father of two small children.

Gazing at the ground, Bevins tightens her grip on the handles of the baby stroller that cradles her young niece while hundreds of protesters lining the nearby streets wave signs and yell around her.

No fracking way. No fracking way. No fracking way, the crowd chants.

Bevins recently made the trek from West Virginia to Philadelphia, with her mother and her late brother's son and daughter, to join up with other protesters calling for a moratorium on hydraulic fracturing, or "fracking."

The "Shale Outrage" rally took place outside a gas industry conference at the city's convention center this month.

Inside, industry lobbyists and gas company executives were touting the natural gas boom in northeastern Pennsylvania and networking with officials, including Tom Ridge, the former Pennsylvania governor and former U.S. homeland security secretary.

Outside, the angry mob continues to chant and wave signs before marching to Gov. Tom Corbett's office near City Hall.

Ban fracking now. Ban fracking now. Ban fracking now, the crowd chants.

The rally not only targeted the shale gas conference attendees, but also served to drum up support and awareness for a critical public hearing on the issue on October 21.

It is the last public hearing before the Delaware River Basin Commission will vote on whether or not to open the Delaware River watershed to hydraulic fracturing.

Underneath the river basin is the mighty Marcellus Shale, one of the largest natural gas deposits in the nation, found in parts of Kentucky, Maryland, New York, Ohio, Pennsylvania, Tennessee, Virginia and West Virginia.

Fracking opponents received a boost last month when the U.S. Geological Survey estimated that the Marcellus Shale contains about 84 trillion cubic feet of undiscovered, technically recoverable natural gas.

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