Zachary Lees

October 15, 2010

Natural gas has been called the "bridge fuel" into a clean energy future; a mature and immediately available technology, more efficient and cleaner burning than coal that complements the intermittent renewable energy technology available now (wind, solar). However, slick water hydraulic fracturing or "fracking", the process by which natural gas is mined from unconventional geological formations in over 30 states, has come under attack by environmentalists who argue that this method of drilling is an environmental disaster in the making, especially without federal oversight and regulation.

The most recent controversies on the "fracking" front involve the disclosure by gas companies of the chemicals used in the drilling operation. The EPA is currently studying the risks of hydraulic fracturing for the second time. The first study was completed in 2004 and found no risk to water supplies. An EPA whistleblower came forth soon after the report was published and claimed that the study's findings were "unsupportable." He also alleged that evidence showing that benzene and other toxic chemicals in "fracking" fluid could migrate into ground water had been suppressed in the final report, and that five of the seven reviewers on the panel had conflicts of interest. In September, the EPA sent letters to 9 natural gas drilling companies requesting voluntary disclosure of the chemicals in the "fracking fluid" and given 30 days to comply. As of October 15, 2010, the EPA would not confirm whether it had received the requested information or not. Through a spokesperson, EPA said it was waiting for more information before issuing a public statement. There is also controversy over the "short list" for the EPA "fracking" panel, which includes the names of 81 people who could potentially serve on the review panel. The short list includes two former Halliburton executives as well as researchers who were previously employed by oil and gas companies and oil company officials. The new investigation is expected to be completed in 2012. Federal regulation is stalled with most congressmen taking a "wait and see" approach until the new study is released. States have stepped in to fill the vacuum.

The New York State Senate voted 48 to 9 in August to issue a temporary moratorium on "fracking" to ensure an adequate review of safety and environmental concerns. Pennsylvania lawmakers are mulling over the same moratorium. Surprisingly, Wyoming, the birthplace of Dick Cheney and one of the most drill friendly states in the union has made history as the first state to require a well-by-well accounting of chemicals along with the amounts of chemicals being used.

The EPA's slow progress and the continued "gas rush" in Appalachia, New York State and elsewhere ensure that "fracking" will continue to be a contentious issue as both federal and state governments try and balance the benefits of natural gas extraction with environmental concerns

Sources:

Kaitlin McAcvoy, Past Deadline, EPA Can't Confirm Companies Have Sent Fracking Info, Pinedale Roundup, October 14, 2010, available at http://www.pinedaleroundup.com/v2_news_articles.php?heading=0&page=72&story_id=1752

Mike Soraghan, Controversial Candidates on 'Short List' for EPA Fracking Panel, New York Times, September 20, 2010, available at http://www.nytimes.com/gwire/2010/09/20/20greenwire-controversial-candidates-on-short-list-for-epa-78157.html .

Mireya Navarro, N.Y. Senate Approves Fracking Moratorium, New York Times, August 4, 2010, available at http://green.blogs.nytimes.com/2010/08/04/n-y-senate-approves-fracking-moratorium/.

Andrew Maykuth, Fractious Crowd Urges EPA to be Scientific About Fracking, Greenwire, September 14, 2010, available at http://www.eenews.net/public/Greenwire/2010/09/14/14.

Jonathan Fahey, Natural Gas Elbows its Way to Center Stage, Bloomberg Businessweek, October 13, 2010, available at http://www.businessweek.com/ap/financialnews/D9IQV67G1.htm

David Sirota, Meet the Environmental Movement's Newest BFF: Wyoming, The Seattle Times, October 10, 2010, available at http://seattletimes.nwsource.com/html/opinion/2013112859_sirota11.html?prmid=op_ed

Manuel Quinones, Fracking Congress: Gas Industry Battles Against New Federal Rules, Capital News Connection, October 12, 2010, available at http://www.capitolnewsconnection.org/news/fracking-congress-gas-industry-battles-against-new-federal-rules

Marian Wang, EPA's Letters to Fracking Companies Request Information, With a Legal Threat, ProPublica, Septmember 10, 2010, available at http://www.propublica.org/blog/item/epas-letters-to-fracking-companies-request-information-with-a-legal-threat

Steve Hargreaves, Natural Gas: Fuel of the Future, CNNmoney.com, March 29, 2010, available at http://money.cnn.com/2010/03/29/news/economy/natural_gas/index.htm