Shale-Shocked: Fracking Gets Its Own Occupy Movement
This is a story about water, the land surrounding it, and the lives
it sustains. Clean water should be a right: there is no life without it.
New York is what you might call a “water state.” Its rivers and their
tributaries only start with the St. Lawrence, the Hudson, the Delaware,
and the Susquehanna. The best known of its lakes are Great Lakes Erie
and Ontario, Lake George, and the Finger Lakes. Its brooks, creeks, and
trout streams are fishermen’s lore.
Far below this rippling wealth there’s a vast, rocky netherworld
called the Marcellus Shale. Stretching through southern New York,
Pennsylvania, Ohio, and West Virginia, the shale contains bubbles of
methane, the remains of life that died 400 million years ago. Gas
corporations have lusted for the methane in the Marcellus since at least
1967 when one of them plotted with the Atomic Energy Agency to explode
a nuclear bomb
to unleash it. That idea died, but it’s been reborn in the form of a
technology invented by Halliburton Corporation: high-volume horizontal
hydraulic fracturing -- “fracking” for short.
Fracking uses prodigious amounts of water laced with sand and a startling menu of poisonous chemicals to
blast the methane out of the shale. At hyperbaric bomb-like pressures,
this technology propels five to seven million gallons of
sand-and-chemical-laced water a mile or so down a well bore into the
shale.
Up comes the methane -- along with about a million gallons of
wastewater containing the original fracking chemicals and other
substances that were also in the shale, among them
radioactive elements and carcinogens.
There are 400,000 such wells in the United States. Surrounded by
rumbling machinery, serviced by tens of thousands of diesel trucks, this
nightmare technology for energy release has turned rural areas in 34
U.S. states into toxic industrial zones.
Tomgram: Ellen Cantarow, An Environmental Occupy Fracks Corporate America
[Note for TomDispatch Readers: For a recent Foreign Policy in Focus review of my new book The United States of Fear, click here; for a recent interview that David Walsh of the website History News Network did with me based on the book, click here. If you buy a copy via this book link
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They say you can’t keep a good man down, but the “good” part of that
equation is often negotiable. If you thought you had seen the last of
the then-disgraced
Newt Gingrich in the 1990s, you know what I mean. The same goes for
corporations. Even scandals, swindles, and sanctions don’t seem to
matter -- at least when the company is valued in the tens of billions of
dollars.
Founded in 1919, Halliburton
-- a Houston-based oil services company -- always did well, but it
catapulted to fame and further fortune during the 2000s as it made a killing off the killing in Iraq. With former Chairman and Chief Executive Officer Dick Cheney in the White House, Halliburton, mostly through its subsidiary Kellogg, Brown & Root, or KBR, reaped billions in Iraq War contracts. As the money piled up, so did the scandals. As Politifact.com observed in 2010:
“Government officials have raised many questions about KBR's
fulfillment of its contracts, everything from billing for meals it
didn't serve to charging inflated prices for gas to excessive
administrative costs. Government auditors have noted that KBR refused to
turn over electronic data in its native format and stamped documents
as proprietary and secret when the documents would normally be
considered public records.
“Over the course of several years,
the Defense Contract Audit Agency found that $553 million in payments
should be disallowed to KBR, according to 2009 testimony by agency
director April Stephenson before the bipartisan Commission on Wartime
Contracting in Iraq and Afghanistan.”
In 2007, amid outrage over its actions, Halliburton sold off KBR.
But like a bad penny, the company continued to pop up in all the wrong
places for all the wrong reasons. In February 2009, KBR pled guilty to
violations of the Foreign Corrupt Practices Act for bribes paid out in
Nigeria while it was still part of Halliburton. In the spring of 2011,
the New York Times
reported, a lawyer “accused of helping steer bribe money" from KBR
(then still part of Halliburton) to Nigerian government officials in
exchange for "more than $6 billion in contracts for liquefied natural
gas facilities,” pled guilty to federal charges and was ordered to
forfeit almost $150 million.
And then there’s the Gulf of Mexico where, in 2010, an oil rig
explosion killed 11 people, injured dozens more, and resulted in the
worst offshore oil spill in U.S. history. This past fall, the
Department of the Interior cited Halliburton,
along with BP and another company, “for numerous safety and
environmental violations in the operation of the doomed Deepwater
Horizon well.”
It’s hardly surprising then that, as TomDispatch regular Ellen
Cantarow reveals in groundbreaking reporting from the front lines of the
latest grassroots uprising in America, Halliburton also has a down anddirty
history when it comes to the controversial natural gas drilling
technique known as hydraulic fracturing or “fracking.” This time,
however, Halliburton may have met its match in the towns and hamlets of
upstate New York. Nick Turse
Shale-Shocked:
Fracking Gets Its Own Occupy Movement
Shale gas isn’t the conventional kind that lit your grandmother’s stove. It’s one of those “extreme energy”
forms so difficult to produce that merely accessing them poses
unprecedented dangers to the planet. In every fracking state but New
York, where a moratorium against the process has been in effect since
2010, the gas industry has contaminated ground water, sickened people, poisoned livestock, and killed wildlife.
At a time when the International Energy Agency
reports that we have five more years of fossil-fuel use at current
levels before the planet goes into irreversible climate change, fracking
has a greenhouse gas footprint larger than that of coal. And with the greatest water crisis
in human history underway, fracking injects mind-numbing quantities of
purposely-poisoned fresh water into the Earth. As for the trillions
(repeat: trillions) of gallons of wastewater generated by the industry,
getting rid of it is its own story. Fracking has also been linked to earthquakes: eleven in Ohio alone (normally not an earthquake zone) over the past year.
But for once, this story isn’t about tragedy. It’s about a resistance
movement that has arisen to challenge some of the most powerful
corporations in history. Here you will find no handsomely funded
national environmental organizations: some of them in fact have had a
cozy relationship
with the gas industry, embracing the industry’s line that natural gas
is a “bridge” to future alternative energies. (In fact, shale gas suppresses the development of renewable energies.)
New York’s “Little Revolution”
While most anti-fracking activists have been responding to harms
already done, New York State’s resistance has been waging a battle to
keep harm at bay. Jack Ossont, a former helicopter pilot, has been
active all his life in the state’s environmental and social battles. He
calls fracking “the tsunami issue of New York. It washes across the
entire landscape.”
Sandra Steingraber, a biologist and scholar-in-residence at Ithaca College, terms the movement “the
biggest since abolition and women’s rights in New York.” This past
November, when the Heinz Foundation awarded Steingraber $100,000 for her
environmental activism, she gave it to the anti-fracking community.
Arriving in the state last October, I discovered a sprawl of loosely
connected, grassroots groups whose names announce their counties and
their long-term vision: Sustainable Otsego, Committee to Preserve the
Finger Lakes, Chenango Community Action for Renewable Energy, Gas-Free
Seneca, Catskill Citizens for Safe Energy, Catskill Mountainkeeper. Of
these few (there are many more), only the last has a paid staff. All the others are run by volunteers.
“There are so many people working quietly behind the scenes. They’re
not in the news, they’re not doing it to get their names in the paper.
It’s just the right thing to do,” says Kelly Branigan, co-founder of the
group Middlefield Neighbors. Her organization helped spearhead one of
the movement’s central campaigns: using local zoning ordinances to ban
fracking. “In Middlefield, we’re nothing special. We’re just regular
people who got together and learned, and reached in our pockets to go to
work on this. It’s inspiring, it’s awesome, and it’s America -- its own
little revolution.”
Consider this, then, an environmental Occupy Wall Street. It knows no
divisions of social class or political affiliation. Everyone, after
all, needs clean water. Farmers and professors, journalists and
teachers, engineers, doctors, biologists, accountants, librarians,
innkeepers, brewery owners. Actors and Catskill residents Mark Ruffalo
and Debra Winger have joined the movement. Josh Fox, also of the
Catskills, has brought the fracking industry and its victims to
international audiences through his award-winning documentary film Gasland.
“Fracking is a pretty scary prospect,” says Wes Gillingham, planning
director for Catskill Mountainkeeper. “It’s created a community of
people that wouldn’t have existed before.”
Around four years ago, sheltered by Patterson's stay against
fracking, little discussion groups began in people’s kitchens, living
rooms, and home basements. At that time, only a few activists were
advocating outright bans on fracking: the rest of the fledgling movement
was more cautiously advocating temporary moratoria.
Since then a veritable ban cascade has washed across the state. And
in local elections last November, scores of anti-fracking candidates,
many of whom had never before run for office, displaced pro-gas
incumbents in positions as town councilors, town supervisors, and county
legislators. As the movement has grown in strength and influence, gas
corporations like ExxonMobil and Conoco Philips and Marcellus Shale
corporations like Chesapeake Energy have spent millions of dollars on advertising, lobbying, and political campaign contributions to counter it.
Shale Shock
Autumn Stoscheck, a young organic apple farmer from the village of
Van Etten just south of New York’s Finger Lakes, had none of this in
mind in 2008 when she invited a group of neighbors to her living room to
talk about fracking. She’d simply heard enough about the process to be
terrified. Like other informal fracking meetings that were being
launched that year, this was a “listening group.” Its ground rules:
listen, talk, but don’t criticize. “There was a combination of
landowners, farmers like us, and young anarchist-activists with
experience in other movements,” she told me. Stoscheck’s neighbors knew
nothing about fracking, but “they were really mistrustful of the
government and large gas corporations and felt they were in collusion.”
Out of such neighborhood groups came the first grassroots
anti-fracking organizations. Stoscheck and her colleagues called theirs Shaleshock. One of its first achievements was a PowerPoint presentation, “Drilling 101,” which introduces viewers to the Marcellus Shale and what hydraulic fracturing does to it.
When Helen Slottje, a 44-year-old lawyer, saw “Drilling 101” at a
Shaleshock forum in 2009, she was “horrified.” She and her husband David
had abandoned their corporate law careers to move to Ithaca in 2000.
“We traded corporate law practice in Boston for New York State and less
stressful work -- or so we thought. New York's beauty seemed worth it.”
When
news reports about fracking started appearing, the Slottjes thought
about leaving. “I kept saying, ‘What’ll happen if fracking comes to New
York? We’ll have to move.’” “Drilling 101” made her reconsider. Then she
visited Dimock, Pennsylvania, 70 miles southeast of Ithaca and that
sealed the deal.
By 2009, Dimock, a picturesque rural village, had become synonymous
with fracking hell. Houston-based Cabot Oil & Energy had started
drilling there the year before. Shortly after, people started to notice
that their drinking water
had darkened. Some began experiencing bouts of dizziness and
headaches; others developed sores after bathing in what had been their
once pure water.
For a while, Cabot trucked water
to Dimock’s residents, but stopped in November when a judge declined to
order the company to continue deliveries. The Environmental Protection
Agency was going to start water service to Dimock in the first week of
January, but withdrew the offer, claiming further water tests were needed. Outraged New Yorkers organized water caravans to help their besieged neighbors.
“When I went to Dimock,” says Slottje, “I saw well drilling, huge
trucks, muddy crisscrossing pipeline paths cutting through the woods,
disposal pits, sites of diesel spills, dusty coatings on plants, noisy
compressor stations -- you name it. So I decided to put my legal
background to work to prevent the same thing from happening where I
lived. We’d been corporate lawyers before. We know the sort of resources
the energy corporations have. The grassroots people have nothing. And
they have this behemoth coming at them.”
In May 2009, the Slottjes became full-time pro bono lawyers
for the movement. One of their first services was to reinterpret New
York’s constitutional home rule provision, which had allowed local
ordinances to trump state laws until 1981. In that year, the state’s
Department of Environmental Conservation Division of Mineral Resources
exempted gas corporations from local restrictions.
“I spent thousands of hours on the research,” says Slottje.
“And then last August we were brave enough to go public and say the
emperor has no clothes.” The Slottjes’ reinterpretation of the provision
was simple enough: the state regulates the gas industry; towns and
villages can’t regulate it, but what they can do is keep its operations
off their land through the use of zoning ordinances.
Zoning Out Fracking
The town of Ulysses is nestled in the heart of the state’s burgeoning
wine country in the Finger Lakes region. In 2010, a grassroots group,
Concerned Citizens of Ulysses (CCU), asked the Slottjes to speak with
members of the town board, which controls Ulysses’s planning and its
zoning laws.
The board members opposed fracking, but couldn’t see how to prevent
it. While the board talked with the Slottjes, CCU activists drafted a
petition. If enough registered Ulysses voters signed on, the board would
have the popular backing it needed for declaring a ban. Ann Furman, a
retired schoolteacher who helped found CCU and write the document,
recalls, “The petition was pretty specific: ‘We the
undersigned want to ban hydrofracking in the town of Ulysses.’” A
six-month-long door-to-door campaign followed.
“There was a lot of education going on in Ulysses at the town board
and at forums, as we were going house to house. Even people who would
sign the petition would say, ‘Tell me a little bit more about it.’ And
in that next 15 to 20 minutes you would do a whole lot more education.”
In the end, 1,500 out of 3,000 registered voters signed. This past
summer the Ulysses town board voted to ban fracking.
Middlefield, 119 miles east of Ulysses and home of the grassroots
group Middlefield Neighbors, enacted a similar ban. So did Dryden, 22
miles east of Ulysses. An out-of-state gas corporation that leased land
for drilling in Dryden is suing to get the zoning ban declared illegal. A Middlefield landowner is suing that town on the same basis. The cases are pending.
Meanwhile bans proliferate. Six upstate New York counties have zoned
out fracking, including Binghamton, which declared a ban in December. An
organic brewery in Cooperstown, the Ommegang, mobilized 300 other businesses, including Cooperstown’s Chamber of Commerce, to support more bans in the region.
Chefs for the Marcellus, a group headed by Food Network star Mario Batali, has urged Governor Andrew Cuomo to ban fracking at
the state level. “Call it home-rule democracy,” says Adrian Kuzminsky,
chair of the Cooperstown-based organization Sustainable Otsego. “If
local communities can seize control over their destinies, a giant step
will have been taken toward a sustainable future.”
This past October, activists were preparing to take on the state’s
Department of Environmental Conservation (DEC). That agency finds itself
caught in a perpetual conflict of interest: on the one hand, protecting
the environment; on the other, regulating the industries that exploit
it. In fact, the 1981 legislation exempting gas corporations from New
York’s home rule had been written by Greg Sovas, then head of DEC’s
Division of Mineral Resources.
Guidelines for the hydraulic fracturing industry were first issued by the department in late 2009 and rejected in 2010 under withering public criticism.
Then-Governor David Paterson declared a moratorium on fracking in the
state pending DEC revisions. Revised guidelines appeared this past
September in the form of 1,537 mind-numbing pages bearing the title,
“Supplemental Generic Environmental Impact Statement,” aka the “SGEIS.”
A World of Water
In study groups and online tutorials, activists prepared to write
letters of commentary and protest to the Department of Environmental
Conservation and Governor Cuomo, and to speak out in public hearings the
department was organizing around the state. Thousands attended these.
Pro-gas speakers predictably stuck to the twin themes of the jobs
fracking would produce and the economic renewal it would bring about.
Opponents included an impressive line up of scientists (among them Robert Howarth,
co-author of last year’s landmark Cornell University study, which
established the staggering greenhouse-gas footprint of fracking),
engineers, lawyers, and other professionals. A letter sent to Cuomo by
250 New York State physicians and medical professionals deplored the
DEC’s failure to attend to the public health impacts of fracking.
Part-time Cooperstown resident James “Chip” Northrup,
a retired manager for Atlantic Richfield (ARCO, America’s seventh
largest oil corporation), in one public agency hearing called the
performances of pro-gas speakers “disgraceful” and the SGEIS “junk
science.” Citing an industry study that shows 25% of frack wells leak
after five years and 40% after eight, he said, “Everybody in the
industry knows that gas drilling pollutes groundwater… It’s not...
whether they leak. It’s how much.”
As 2012 began, the movement was demanding that the department
withdraw the SGEIS. In mid-January, DEC spokesperson Lisa King said that
once all the comments are tallied, “We expect the total to be more than
40,000.” Earlier, agency officials had told the New York Times
they didn’t know of any other issue that had received even 1,000
comments. (Ten thousand letters were mailed from the Catskills’ Sullivan
County alone on January 11th, just before the commentary deadline.) Gannett’s Albany Bureau has reported that anti-drilling submissions outnumber those of drilling supporters by at least ten to one.
Sustainable Otsego’s website lists 52 serious and fatal flaws in the document. A letter posted at the website of Toxics Targeting,
an environmental database service in Ithaca, elaborately details 17
major SGEIS flaws. By January 10th, when the Toxics Targeting letter was
sent to the DEC and the Governor, it had more than 22,000 signatures
representing government officials, professional and civic organizations,
and individuals. (The DEC counts this letter with its signatures as
only one of the 40,000 comments.)
At a November 17th rally in Trenton, New Jersey, to celebrate the
postponement of a vote on allowing fracking in the Delaware River Basin,
Pennsylvania and New York activists pledged future civil disobedience.
“The broad coalition of anti-frackers has been operating on multi-levels
all at once,” says Sustainable Otsego’s chair, Adrian Kuzminsky. If the
governor approves the SGEIS “there will be massive disillusionment with
the state government and Cuomo, and from what I'm hearing there will be
‘direct action’ and civil disobedience in some quarters.”
At the moment, in fact, the anti-fracking movement in the state only
seems to be ramping up. Should the government approve the SGEIS in its
current form, lawsuits are planned against the Department of
Environmental Conservation. And a brief “Occupy DEC” event that took
place in the state capital, Albany, on January 12th may have set the
tone for the future. Meanwhile some activists, turning their backs on
established channels, are already working on legislation that would criminalize fracking.
This past November, Sandra Steingraber told a crowd of hundreds of
activists why she was donating her $100,000 Heinz Award to the movement.
The money, she said, “enables speech, emboldens activism, and
recognizes that true security for our children lies in preserving the...
ecology of our planet.”
She raised a jar of water. “This is what my kids are made of. They
are made of water. They are made of the food that is grown in the county
that I live in. And they are made of air. We inhale a pint of
atmosphere with every breath we take... And when you poison these
things, you poison us. That is a violation of our human rights, and that
is why this is the civil rights issue of our day.”
Ellen Cantarow’s work on Israel/Palestine has been widely
published for over 30 years. Her long-time concern with climate change
has led her to explore, at TomDispatch,
the global depredations of oil and gas corporations. Many thanks to
Robert Boyle, sometimes called “the father of environmentalism on the
Hudson,” for sharing his expertise for this article.
Copyright 2012 Ellen Cantarow