Articles Posted in Energy and the Environment

Published on:

Here is an excellent article by Michael Levy, senior fellow for energy and the environment at the Council on Foreign Relations: “Fracking and the Climate Debate,” published in the journal Democracy. A well-reasoned and balanced summary of the debates over the role of natural gas in our energy future and its potential impact on our climate. Lengthy, but well worth reading.

Levy gives a good history of recent remarkable changes in the roles of coal and natural gas in US energy:

Between 1999 and 2005, the United States had added the equivalent of 200 nuclear power plants’ worth of natural gas-fueled electricity plants, even as U.S. coal-fired capacity actually fell. But by 2007, with natural gas prices rising, the U.S. government predicted a reversal: Over the next two decades, coal-fired power plants would be built at a furious pace, while natural gas would stagnate. This would be disastrous for U.S. greenhouse gas emissions: By 2030, it was predicted, the fleet of coal-fired power plants would belch three billion tons of carbon dioxide into the atmosphere each year, massively raising U.S. greenhouse gas emissions. …

But the EIA’s predictions were proven false by the shale gas revolution:

Between 2005 and 2014, annual U.S. natural gas production increased by 36 percent, with shale gas production rising even more than total U.S. natural gas output did (other sources of U.S. gas continued to decline). In large part as a result, from 2008 to 2012, the price of natural gas dropped by a whopping 62 percent. Since the dawn of electric power, coal has been the largest source of U.S. electricity, with natural gas coming in a distant second beginning around 1960. But by April 2012, with natural gas prices at rock bottom, gas-fired power came within a hair of topping coal.

American carbon dioxide emissions simultaneously plummeted. U.S. emissions had risen nearly every year for decades, and few expected the pattern to change. But in 2007, emissions peaked. By 2012, U.S. emissions were 13 percent below their 2007 high, and at their lowest level since 1994. Emissions rebounded slightly through 2014 but remained 9 percent below their high-water mark. …

In 2014, coal provided 39 percent of total U.S. electricity to natural gas’s 27 percent. The U.S. Energy Information Administration, an independent agency of the U.S. government, projects that without new policies, it will take until 2035 for natural gas to pass coal as the top source of U.S. electricity. It also projects that U.S. energy-related carbon dioxide emissions, instead of decreasing, will edge up by nearly 2 percent over the next decade.

The New York Times reported yesterday that, in fact,

Natural gas overtook coal as the top source of United States electric power generation for the first time ever this spring, a milestone that has been in the making for years as the price of gas slides and new regulations make coal riskier for power generators. About 31 percent of electric power generation in April came from natural gas, and 30 percent from coal, according to a recently released report from the research company SNL Energy, which used data from the Energy Department. Nuclear power came in third at 20 percent. A drilling boom that started in 2008 has increased United States natural gas production by 30 percent and made the United States the world’s biggest combined producer of oil and natural gas. Federal data shows that in April, the amount of electricity generated with natural gas climbed 21 percent compared with April 2014, and the amount generated with coal fell 19 percent. In April 2010, 44 percent of electric power generation came from coal and 22 percent from gas, according to SNL Energy.

This is a remarkable statistic: In April 2015, US generation of electricity from gas increased 21%, and electricity from coal fell 19%.

The debate over fracking will continue, but the world’s insatiable appetite for energy will not abate, and natural gas will continue to increase as a share of our energy supply. The industry would do well to consider Levy’s caution that it act responsibly by reducing emissions and pay attention to the environmental impacts caused by its activities.

Published on:

Residents of DISH, Texas were awarded a victory by the Amarillo Court of Appeals in their long-running fight with pipeline companies. Sciscoe et al. v. Enbridge Gathering (North Texas), L.P., et al., No. 07-13-00391-CV. In an opinion issued on June 1, the court held that the plaintiffs are entitled to a trial on their claims that the pipelines’ gathering and compression facilities caused damages to their properties from noise and emissions that constituted trespass and nuisance.

DISH residents have fought the pipeline companies for years. The companies constructed several compressors and a metering station just outside the town between 2005 and 2009. Residents began to complain of excessive noise and offensive odors and said they suffered adverse health effects. In 2008, the residents complained to the Texas Commission on Environmental Quality, which conducted monitoring in 2009 and 2010 and concluded that emissions from the compressors “would not be expected to cause short-term adverse health effects, adverse vegetative effects, or odors.” The Texas Department of State Health Services performed medical tests on 28 DISH residents for exposure to chemicals, and tested tap water; it found no evidence of exposure to chemicals. Those findings were contradicted by tests conducted by Plaintiffs’ expert, Wolf Eagle Environmental, which found that Plaintiffs were exposed to harmful emissions of benzene, xylene, ethyl benzene, toluene and other harmful chemicals.

Finally, 18  DISH residents sued the pipelines in 2001 for damages, alleging nuisance and trespass. The town of DISH also filed suit, seeking damages for the loss of tax revenue resulting from reduced property values caused by the compressor station.

The Plaintiffs’ suits were consolidated into one suit and the case was transferred from Denton to Fort Worth. The trial court then granted the pipelines’ motions for summary judgment and dismissed all claims. The Plaintiffs’ appeal was transferred to the Amarillo Court of Appeals.

The court of appeals held that the Plaintiffs had properly pleaded claims for nuisance and trespass and remanded the case to the trial court for trial.

The pipelines first argued that the migration of airborne chemicals from their facilities across Plaintiffs’ properties cannot constitute a nuisance, because nothing was “deposited” on Plaintiffs’ properties. The court of appeals disagreed: “the migration of airborne particulates can constitute an actionable trespass.” At trial, Plaintiffs “must establish causation, i.e., that the particulates emanated from the activities of Appellees and that Appellants sustained some compensable injury as a result thereof.”

The pipelines argued that their activities cannot constitute trespass or nuisance because they were conducted within governmental regulations, and imposing liability for lawful activities would allow judicial regulation of activities sanctioned by statute and regulation. The court disagreed. Plaintiffs are not seeking to alter or change emission standards, or to prohibit the plaintiffs’ conduct, but only damages caused by that conduct. “Just because Appellees are operating their natural gas compression facilities within the applicable regulatory guidelines does not mean that Appellants have not suffered compensable injuries as a result of those operations.” The court held, however, that Plaintiffs’ efforts to recover damages for any future diminution in the value of their properties or “damages” of $1,000 per day for trespass would be barred, because those claims “look more like a penalty than a claim for recovery of existing actual damages.

Finally, the pipelines argued that Plaintiffs’ claims were barred by limitations, because they knew or should have known of their claims more than two years prior to filing suit. Without any real analysis, the court held that the pipelines had failed to carry their burden of showing that Plaintiffs’ claims were barred by limitations.

Last year, two juries awarded damages against two operators based on nuisance claims. With more drilling and producing activities in populated areas, such claims are bound to continue.

Calvin Tillman, former mayor of DISH, has since set up his own environmental company, ShaleTest, www.shaletest.org, described on its website as “the only organization that provides free and certified environmental testing to those negatively impacted by natural gas development.” Tillman lists Josh Fox as one of the company’s “advisors.” Fox is infamous for his film Gasland, a much-criticized anti-industry documentary.

Published on:

Two recent articles brought to mind the trade-offs in the debate over hydraulic fracturing.

First, the Department of Environmental Conservation of New York State issued its Final Supplemental Generic Environmental Impact Statement, on the environmental impacts of allowing hydraulic fracturing in New York. New York has had a moratorium on fracking for the last several years, even though a substantial portion of the Marcellus formation underlies the state. It appears that New York is headed for a permanent ban on the practice.

I haven’t studied the EIS, which runs to several hundred pages. But it is a thorough catalogue and discussion of the environmental impacts of the drilling boom from fracking and horizontal drilling, most of which we know well by now: water use, surface spills, groundwater impacts, waste disposal, air quality, greenhouse gas emissions, health risks, visual impacts on the landscape, truck traffic, seismicity — all are discussed in great detail.

Continue reading →

Published on:

Google has teamed up with the Environmental Defense Fund to detect leaks in gas lines in the Los Angeles Area, Boston, Indianapolis, Staten Island, Syracuse, and Burlington, Vermont. Google attached methane detectors to the cars it uses to create its street map images and has mapped the locations where it found levels of methane high enough to indicate pipeline methane leaks. A great use of new technology for a public purpose. View Google’s maps here.  EDF has teamed up with industry and scientists to attack methane emissions, part of EDF’s efforts to combat global warming.

Published on:

Christi Craddick, Chairman of the Texas Railroad Commission, testified in Washington yesterday before the House Science and Technology Committee, chaired by Lamar Smith, as part of a panel addressing environmental effects of hydraulic fracturing and wastewater disposal.  Introductory remarks and testimony can be viewed here.  The testimony reflects, I think, the political polarization in Washington. Because of recent reports about earthquakes in North Texas and Oklahoma, a lot of the testimony related to those issues, as well as the ability of local municipalities to regulate drilling in their jurisdictions – an issue now before the Texas Legislature.

Published on:

The Colorado Oil and Gas Conservation Commission now allows landowners with complaints against operators to file their complaint online. Go to http://cogcc.state.co.us/ and click on “Complaints” in the left-hand column.If you’re a surface owner with no mineral rights and you have objections to a proposed well location, you can also get the COGCC to inspect the site and consider your objections and require the operator to accommodate your concerns.

The online portal is very user-friendly and a real effort to make it easier for the public to participate in the process. The Texas Railroad Commission should take note.  The COGCC has also significantly increased its oversight staff, increased its collaboration with local governmental entities, sponsored studies on air and water impacts, and adopted policies on health and safety issues.

Published on:

A recent “swarm” of small quakes in Irving has caused a stir and ignited a series of articles about the relation between oil and gas activity and seismic events. The quakes in Irving were strong enough to knock some books off of shelves.

After residents of the town of Azle experienced a series of quakes in 2013, residents protested in Austin before the Texas Railroad Commission, and as a result the RRC hired its own seismologist to study the problem. Most scientists have linked quakes in Texas and Oklahoma to injection of large volumes of produced water. Recently one study in Ohio linked quakes there to recent fracking of wells in the area.

Most if not all of the actual studies of recent quake activity are being done by Southern Methodist University. It has studied the quakes around Azle, and a report of its study is expected soon. After the quakes in Irving, SMU is installing seismic monitors in that area.

Stories about the quakes:

Dallas Morning News

Dallas Morning News

Dallas Morning News

CBS News

Columbus Ohio Dispatch

Fort Worth Star Telegram

New York Times

Washington Post

Published on:

In a letter to the Texas Railroad Commission commenting on the RRC’s proposed rules on curbing earthquakes caused by high-pressure injection of waste fluids, the Environmental Protection Agency “applauded the RRC’s efforts to ensure it has sufficient regulatory authority to respond to any event of the type where concerns may arise.” Maybe the agencies will kiss and make up? Not likely. But the EPA agrees with proposed rules published by the RRC that would require applicants for disposal well permits to submit information about the area’s risk for earthquakes as part of their application. The rules also strengthen the RRC’s authority to limit or halt injection from existing wells where earthquake events occur.

Initially the RRC was slow to respond to complaints about earthquakes. At one point, citizens from the town of Azle, particularly affected by earthquakes, staged a protest before the RRC at which Azle citizens serenaded the commission with their own composition based on Elvis Presley’s All Shook Up.  The RRC has now hired its own seismologist, and although Commissioners are cautious about connecting earthquakes to oil and gas activity, the proposed rules are a step in the right direction.

Texas now has more than 3,600 active commercial injection wells; it granted 668 permits last year alone. Earthquakes strong enough to damage homes have occurred in the Barnett Shale region. Similar problems have occurred in Oklahoma and other regions. 

The proposed rule can be found here.  Other comments on the proposed rule can be found here. Texas Tribune article on the proposed rules is here. SMU is conducting a study of the quakes around Azle and has installed seismic stations in the area to monitor seismic activity.

Published on:

The Atlantic Council, a Washington-based think tank, has published a draft white paper on the exploration industry’s use of water in Texas. The draft paper, “Sustainable Water Management in the Texas Oil and Gas Industry,” was written by John Tintera, of the Austin firm Sebree & Tintera. Tintera, formerly executive director of the Texas Railroad Commission, is now president of the Texas Water Recycling Association.  The draft paper can be viewed here: DID264_1_073014.pdf. The Atlantic Council also has a white paper, “Produced Water: Asset or Waste?“, on its website.

Published on:

Investigations continue in response to complaints of alleged contamination of water wells from drilling activity in the Barnett Shale.

In May, the Texas Railroad Commission issued a report of its investigation of complaints of well contamination by methane in Parker County. It concluded that “the evidence is insufficient to conclude that Barnett Shale production activities have caused or contributed to methane contamination in the aquifer beneath the neighborhood.”

But Parker County resident Steve Lipsky, who’s complaint at the RRC caused it to conduct its new study, continues his battle with Range Resources, arguing that its wells are responsible for the methane in his water well.  Two other scientists who have reviewed the RRC test data concluded that the gas in Lipsky’s water is definitely the result of fracking operations.

Lipsky’s battle with Range continues in the Texas Supreme Court, where Lipsky and Range have both filed petitions for writs of mandamus. Lipsky has asked the court to dismiss Range’s claims against Lipsky for defamation and business disparagement. Range accused Lipsky and his expert Alisa Rich of fabricating evidence in Lipsky’s suit for damages for contaminating his well.  Range asks the court to reinstate its claims that Lipsky and his wife and Rich conspired to fabricate evidence to defame the company. The court has not yet ruled on the petitions.

Meanwhile, the University of Texas at Arlington, along with UT’s Bureau of Economic Geology, are conducting a study of 550 water wells in North and West Texas, including baseline testing of wells in Nolan County using samples taken before commencement of drilling in that county, to investigate the impact of drilling and disposal operations over time. Some states, including Pennsylvania — but not Texas — require drillers to test nearby water wells before drilling to provide baseline data on groundwater.

Contact Information