Pennsylvania Politics Continues to Trump Health and the Environment

 

 

by WALTER BRASCH

 

Politics continues to threaten the health and welfare of Pennsylvanians.

The latest is how the Republican-dominated legislature and Gov. Tom Corbett separated one of the wealthiest and more high-tech/industrial areas of the state from the rural areas.

Less than a week before the 2011–2012 fiscal year budget was scheduled to expire, June 30, the majority party slipped an amendment into the 2012–2013 proposed budget, (SB1263), to ban natural gas drilling in a portion of southeastern Pennsylvania for up to six years. The South Newark Basin includes portions of Bucks, Montgomery, and Berks counties, and could provide at least 360 billion cubic feet of natural gas, according to estimates by the United States Geologic Survey.

Only an e-mail blast by anti-fracking activist Iris Marie Bloom and a short AP story the day before the budget was passed alerted Pennsylvanians to the amendment that gives special consideration to the suburban areas of Philadelphia.

High volume horizontal hydraulic fracturing, commonly known as fracking, is a process that injects under heavy pressure as much as 10 million gallons of water, sand, gases, and chemicals, many of them known carcinogens, into a rock formation as much as 10,000 feet below the earth’s surface to open channels and force out natural gas and fossil fuels. However, numerous studies have concluded that the process of fracking to extract natural gas poses significant problems to the health of citizens and their environment.

In his first budget address, Corbett declared he wanted to “make Pennsylvania the hub of this [drilling] boom. Just as the oil com­pa­nies decided to headquarter in one of a dozen states with oil, let’s make Penn­syl­va­nia the Texas of the nat­ural gas boom.”

The push by Corbett and the Republicans in the Legislature that led to the enactment of the highly-controversial Act 13 to open gas drilling was possibly not only because they favor corporate development but because it was also payback for extensive campaign contributions by the natural gas industry. Corbett had taken more than $1.6 million in contributions from persons and PACs associated with the natural gas industry, according to data compiled by Common Cause.

Rep. Brian L. Ellis (R-Butler County, Pa.), sponsor of the House bill, received $23,300. Sen. Joseph B. Scarnati (R- Warren, Pa.), the senate president pro-tempore who sponsored the companion Senate bill (SB 1100), received $293,334, according to Marcellus Money. Rep. Dave Reed (R-Indiana, Pa.), chair of the majority policy committee, received $105,732; Rep. Mike Turzai (R-McCandless, Pa.), majority floor leader, received $79,100. Of the 20 Pennsylvania legislators who received the most money from the industry in the past decade, 16 are Republicans, according to Common Cause.

The Republican legislators who enthusiastically supported Act 13 but then created an amendment to exempt a part of the state, claim the amendment was needed to give time to better study the effects of fracking. “We basically said we didn’t know [the South Newark Basin] was there before when we did Act 13,” said State Sen. Charles T. McIhnnerey (R- Doylestown), sponsor of the amendment. However, the presence of natural gas in southeastern Pennsylvania wasn’t exactly a secret; energy companies had been active for several years in the region. McIhnnerey told phillyburbs.com, “We need to slow this down until we can do a study on it—see what’s there, see where it is, see how deep it is, study the impact, get the local supervisor’s [sic] thoughts on it.”

“Where was our study?” demanded State Rep. Jesse White (D-Washington County), who actively opposes Act 13 and has been trying to get responsibility on the part of the Industry and the state Legislature regarding drilling in the Marcellus and Utica shales. “We were here four months ago [when Act 13 was passed] under the guise of, we had to have uniformity, we had to have consistency, we needed to be fair,” said Rep. White, “and now, four months later, we’re saying, ‘Maybe, for whatever reason, we’re going to give a few people a pass.’”

Karen Feridun, founder of Berks Gas Truth, and one of the state’s more active opponents of fracking, says, “Studies are not being conducted before drilling begins anywhere else in the state . . . nor are studies being conducted on the potential impacts of the pipeline operations already coming here [to Berks County].”

 David Meiser, chair of the Bucks County Sierra Club, said the Legislature “should either exempt all counties from Act 13 and not just try to get special treatment from Sen. McIlhinney’s core area, or repeal the law entirely.”

Sen. McIhnnerey proudly noted the last-minute legislation “makes good on my promise that Act 13 was not intended to apply to Bucks County.”

By his own words, it is time for the Republican majority, so willing to expose rural Pennsylvania to the effects of fracking, to now honestly answer two significant questions.

The first question to the Republicans is, “Why do you support a state law that discriminates against the rural counties, while you support a special exemption that protects the health and welfare of the urban and suburban counties that have many of the state’s most powerful and wealthiest constituents, including the head of the Department of Environmental Protection and the lieutenant governor?”

The second question is, simply, “How much more money will it take to continue to buy your loyalty to corporations, the powerful, and the affluent?”

[Walter Brasch, recipient of the Pennsylvania Press Club’s lifetime achievement award, is a syndicated columnist, author of 17 books, former newspaper and magazine reporter and editor, and professor emeritus of mass communications. His current book is the critically-acclaimed novel Before the First Snow, which discusses health and welfare issues in energy exploration. His next book is about health, environment, and political corruption associated with the natural gas industry.]

  

 

The Snipers of Jersey Shore

 

By WALTER BRASCH

 

Garder54 calls Kevin June “a real scum.”

LadyDawg4 calls him a “sleazeball.”

Proud2bMom calls him a “liar and a thief.”

Kevin June is the reluctant leader for the 37 families of the Riverdale Mobile Home Village in Jersey Shore, Pa., who were evicted from their homes, most of which they owned and paid a monthly lot fee. Some of the residents lived there for more than three decades. Most of the residents are elderly, disabled, or living slightly above the poverty line. Several are employed; all are struggling to survive in a bad economy.

In late February, Aqua–PVR, a joint operation of Aqua America and Penn Virginia Resource Partners, bought the 12-acre trailer park for $550,000. It plans to build a pumping station to withdraw up to three million gallons of water a day from the West Branch of the Susquehanna River, and send that water through a newly-constructed pipeline system to natural gas companies that use fracking. The controversial practice involves forcing as much as 10 million gallons of water, sand, toxic chemicals and potential carcinogens deep into the earth to withdraw natural gas. The Marcellus Shale, primarily in Pennsylvania and parts of four surrounding states, is one of the nation’s largest sources for natural gas.  Health and environmental pollution problems are widespread near the wells.

Aqua–PVR had originally ordered the residents to leave by May 1, but then extended it a month. It dangled a $2,500 relocation incentive in its eviction. However, the cost to move each trailer is between $6,000 and $11,000 plus any sheds and ramps.

Most regional trailer parks are either at capacity or won’t accept the older trailers. Getting an apartment is also difficult. Because of the natural gas boom, with thousands of out-of-state workers moving into the area, there are few vacancies, and rents have doubled and tripled. Senior citizen housing isn’t a viable option—waiting lists are as long as a year or two in most areas.

Some have been forced to sell or throw out many of their possessions and move into studio apartments or rooms with relatives. Seven families remain at the trailer park.

But the harpies who have written several hundred posts that appear on the online site of the Williamsport Sun-Gazette have been relentless in their condemnation of the residents. Hiding behind anonymous screen names, the writers, who sound like drunks in a bar fight or callers to an afternoon talk show, could be among the thousands of gas company employees who have moved into the area. They could be those who have leased part of their land to the oil companies. They could also be the business owners who have profited because of selling products to the workers. But almost all of them condemn the residents.

Linhk48, who posted several dozen times, believes “the new owner’s only obligation is to give you notice to vacate. He is under absolutely no obligation to subsidize your move, allow you to live rent free until you move, or hire professionals to help you with relocation. Anything he does is a generosity and SHOULD be appreciated!” Linhk48, like many, called them “rabble-rousers/troublemakers/trespassers.” Czkb217 thought the police or National Guard could move in, and advised the residents, “SO just pack your stuff and MOVE, you are now breaking the law.”

It’s doubtful any of the commentators know Pennsylvania state law, but there are legal processes that must be met to evict persons from their homes. One of the issues lawyers for Riverdale will be pursuing is whether those mandated processes were met.

CitizenQ, who opposes helping the residents and who posted several times, claimed, “some of the residents have been seen stealing from others.” However, the facts are that residents who left the trailer park took what they could from their own trailers, many of which could not safely be moved or which would cost too much to move, and specifically told other residents they could take whatever was left.

Linhk48 thought Aqua–PVR should take the residents to court “for leaving the property with trailer shells and trash all over and ask for clean-up costs—and punitive damages after they were so generous.”

Several repeatedly questioned where the donations to Riverdale went. Some specifically accused Kevin June of theft and fraud, apparently not having the time or intelligence to learn about the controls and regulations to release money from a bank-held account that is a registered 501(c) charity. “The residents know exactly where the money went and why,” says June.

When those writing into the Sun-Gazette later learned some of the money was used to buy phone cards, a camera, lawnmower, and weed whacker, they increased their assault. Had they taken the time to think or ask questions—something those who type and pound “SEND” often don’t do—they would have learned that June used the phone cards to cover his expenses in numerous calls to and from attorneys, the media, and others who had an interest in the problems of the residents. They would have learned that the lawyers specifically required June to document the appearance of the village and the residents’ activities. They would have learned that both the previous and new owners had no intention of mowing the lawns or killing the weeds. With pride in their community, the residents took care of the grounds. Cutting grass and eliminating weeds also served to help protect their health; living near the river, with the warm seasons approaching, the residents knew there would be increased black fly and mosquito infestations.

Woolrich haughtily wants to know, “Why on earth would you not have saved money for when you eventually had to move your MOBILE home???” Perhaps, Woolrich, it’s because when you have poverty-level income, it’s hard to save anything.

Czkb217 thought the residents should have just gotten together and bought the park. Possibly, Czkb217, since most of the families live slightly above the poverty line, they didn’t have an extra $550,000 plus lawyer fees and closing costs laying around. Nevertheless, Czkb217 believes the residents should “Just man up and put your big boy panties on and MOVE.” He objects that his taxes are supporting some of the residents who are using Legal Aid, which receives state and federal funds to assist the impoverished. In addition to North Penn Legal Services, the Community Justice Project in Pittsburgh and the Williamsport law firm of Murphy, Butterfield and Holland are assisting pro bono.

Justin1 wants the residents to “Get out of the way of progress already.”  

On Friday, June 1, the final day of eviction and the day Aqua–PVR said it would start construction, about 50 persons showed up to blockade the entrance to the park. “We are here to fight against the exploitation and abandonment by a society of the economically vulnerable,” says Dr. Wendy Lee, one of the organizers. The protestors are often identified as “out-of-town activists” or, more specifically, “environmental activists.” Bobbie2 called the scene a “liberal zoo . . . a veritable microcosm of the liberal social system.” Joe123 called the protestors “unorganized morons,” and decided the residents “are on display by ‘Fame Seekers’, like trick-monkeys in a circus.” Proud2bMom, with no facts, something that never stymied any of the others who wrote into the online site, claimed “the residents left that are trying to get out are more or less being held prisoner in their own homes because of the few who feel they need to block the roads.”

Many of those who attacked the residents and defended corporations probably believe they are good Christians; they go to church regularly and, in one of the more conservative and highly Christian parts of the state, undoubtedly praise God publically.

However, the Rev. Leah Schade doesn’t see them as good Christians. “It is a craven, cowardly way to snipe at people,” she says. Those criticizing the residents “are profiting from the way things are or they are so insulated from the pain and suffering the people are undergoing that they are unable to respond with compassion,” says Schade, pastor of the United in Christ Lutheran Church in nearby Lewisburg. Schade has been to the trailer park several times to minister to the residents. “As a Christian,” she says, “I make a decision to do what Jesus calls us to do—to minister to those most vulnerable and resist the powers and the principalities that seek their own self perpetuation and their own profit.” Schade, who is completing a Ph.D. in theology, points out, “The church has a long history of offering a prophetic voice to persons who are oppressed and made vulnerable by powerful systems, and who need advocates to speak for and alongside of them in the public arena. The teachings of Jesus would tell us that what is happening to these families isn’t right. He would ask, ‘Who controls the resources; who does not?’ The residents and the surrounding ecosystem are the disempowered ones.”

A meeting between attorneys for residents at Riverdale and Aqua-PVR was held June 5 to discuss improving the incentives and settlement for the residents. Aqua-PVR, at that time, said it has no immediate intention to remove the residents.

            [To assist the residents, go to http://www.saveriverdale.com/

Walter Brasch is an award-winning social issues journalist/columnist and the author of 17 books, most fusing history with contemporary social issues. His current book is Before the First Snow: Tales From the Revolution.]

 

 

 

Collateral Damage in the Marcellus Shale

 

by Walter Brasch

 

There’s nothing to suggest that in his 51 years Kevin June should be a leader.

Not from his high school where he dropped out after his freshman year.

Not from his job, where he worked as an auto body technician for more than 35 years.

Both of his marriages ended in divorce, but did produce two children, a 31-year-old son and a 28-year-old daughter.

June readily admits that for most of his life, beginning about 14 when he began drinking heavily, he was a drunk. Always beer. Almost always to excess. But, he will quickly tell you how many weeks he has been sober. It’s now 56, he says proudly.

In October 2008 he was in an auto accident, when he swerved to miss a deer and hit an oak tree head on. That’s when he learned MRIs showed he had been suffering from degenerative arthritis. Between the accident and the arthritis, he was off work for three months. Then, in May 2009, he was laid off when the company moved.

The pain is now so severe that after about 10 minutes, he has to sit.

Unable to work, surviving on disability income that brings him $1,300 a month, just $392.50 above the poverty line, he lives in the 12-acre Riverdale Mobile Home Village, along the Susquehanna River near Jersey Shore in north-central Pennsylvania. The village has a large green area where families can picnic, relax, or play games, sharing the space with geese and all kinds of animals.

For most of the six years June lived in the village, he kept to himself—chatting with neighbors now and then, but nothing that would ever suggest he’d be a leader. The last time he led anything was almost two decades earlier when he was president of a 4-wheel club.

On Feb. 18, the residents found out their landlord had sold the park, only after reading a story in the Williamsport Sun-Gazette. The landlord, who the residents say did what he could to make their village safe and attractive, later came to each of the 37 families. He told the families he sold the park and they would have two months to leave. It was abrupt. Business-like. “We knew he was planning to sell,” says June, “but we all thought it would be to someone who would allow us to stay.”

Four days after the residents were ordered to move, certified letters made it official. The owner sold the park to Aqua PVR, a division of Aqua America, headquartered in Bryn Mawr. Sale price was $550,000. It may have been a bargain—land and industrial parks that have been vacant for years are going for premium sales prices as the natural gas boom in the Marcellus Shale consumes a large part of Pennsylvania and four surrounding states.

Aqua had received permission from the Susquehanna River Basin Commission (SRBC) to withdraw three million gallons of water a day from the Susquehanna; the 37 families of the mobile home village would just be in the way. The company intends to build a pump station and create a pipe system to provide water to natural gas companies that use hydraulic fracturing, the preferred method to extract natural gas from as deep as 10,000 feet beneath the earth. The process, known as fracking, requires a mixture of sand, chemicals, many of them toxins, and anywhere from one to nine million gallons of water per well, injected into the earth at high pressure. Jersey Shore sits in a northeastern part of the Marcellus Shale, which is believed to hold about 500 trillion cubic feet of natural gas.

Aqua isn’t the only company planning to take water in the area. Anadarko E & P Co. and Range Resources-Appalachia have each applied to withdraw up to three million gallons a day from the Susquehanna. While the Delaware River Basic Commission, and the states of New York and Maryland, have imposed moratoriums upon the use of fracking until full health and environmental impacts can be assessed, Pennsylvania and the SRBC have been handing out permits by the gross.

Most residents had only a vague knowledge of fracking and what it is doing to the earth. “They have a lot more knowledge now,” says June, as politically aware as any environmentalist.

Aqua had originally ordered the residents to leave by May 1, but then extended it to the end of the month. It dangled a $2,500 relocation allowance in its eviction.

However, the cost to move a trailer to another park is $6,000–$11,000, plus extra for skirting, sheds, and any handicap-accessible external ramps. But, most trailers can’t be moved. “These are older trailers,” says June. His is a 12-by-70, built in 1974, with a tin roof and tin siding (“tin-on-tin”); like others, it isn’t sturdy enough to survive a move. But even if it did, there would be no place to put it. The parks want the newer trailers, but most parks are full.

So, the residents began looking in the classified ads for rentals. Because the natural gas companies are bringing in thousands of employees to frack the land, there is a shortage of apartments, most with inflated prices to take advantage of the well-paid roustabouts, drivers, and technicians who moved into the area, and spend their money on local businesses eager to improve their own profits. During the past two years, rents have doubled and tripled. “None of us can pay a thousand or more a month,” says June. The current mobile home owners paid $200 a month for their lot.  

Not long after he was served his own eviction notice, June had a dream. Some might call it a nightmare; some might see it as he did, a religious experience. “It was Jesus coming to me, telling me I had to do something,” he says.

June is constantly on the move, going from trailer to trailer to help the families who were abruptly evicted. Whatever their needs, Kevin June tries to provide it, constantly on the phone, running up phone bills he knows he can’t afford but does so anyhow because the lives of his neighbors matter.

There’s Betty and William Whyne. Betty, 82, began working as a waitress at the age of 13 and now, in retirement, makes artificial Christmas trees. She has a cancerous tumor in the same place where a breast was removed in 1991. William, 72, who was an electrician, carpenter, and plumber before he retired after a heart attack, goes to a dialysis center three times a week, four hours each time. They brought their 12-wide 1965 Fleetwoood trailer to the village shortly after the 1972 flood. Like the other residents, they can’t afford to move; they can’t find adequate housing. “We’ve looked at everything in about a 30 mile radius,” they say. They earn $1,478 a month from retirement, only $252.17 above the federal poverty line. One son is in New Jersey; one is in Texas, and the Whynes don’t want to leave the area; they shouldn’t have to.

There’s April and Eric Daniels. She’s a stay-at-home mom for their two children; he’s a truck driver whose hours have been reduced. Their 14-by-70 trailer is valued at $13,200; she and her husband were in the process of remodeling it, had already paid $5,000 for improvements, and were about to start building a second bathroom. April Daniels had grown up living in a series of foster houses, “so I know what it’s like to move around, but this was my first home, and it’s harder for me to leave.” Their trailer provides a good home, but can’t be moved. “We’re pretty much on the verge of just tearing down the trailer and living in a camper,” she says. They don’t know what will happen. They do know that because of what they see as Aqua’s insensitivity, they will lose a lot of money no matter what they do.

Doris Fravel, 82, a widow on a fixed income of $1,326 a month, has lived in the village 38 years. She’s proud of her 1974 12-wide trailer with the tin roof. “I painted it every year,” she says. In June, she paid $3,580 for a new air conditioner; she recently paid $3,000 for new insulated skirting. The trailer has new carpeting. Unlike most of the residents, she found housing—a $450 a month efficiency. But it’s far smaller than her current home. So she’s sold or given away most of what she owns. She may have a buyer for the trailer, and will take $2,500 for it, considerably less than it’s worth. “I can’t do anything else,” she says. “I just can’t move my furnishings into the new apartment,” she says.  Like the other residents, she has family who are helping, but there’s only so much help any family can provide. “I never knew I would ever have to leave,” she says, but she does want to “see one of those gas men come to my door—and I’d like to punch him in the shoulder.”

Not only are there few lots available and apartments are too expensive, but most residents don’t qualify for a house mortgage; and there are waiting lists for senior citizen and low-income housing. The stories are the same.

No one from Aqua has been in touch with any resident. But, the company did hire a local real estate agency. The agency claims it has made extraordinary efforts to help the residents find other housing. The residents disagree. April Daniels says “some of the Realtors have gotten real nasty with the people in the park—they just don’t understand that we are all in a hardship, so we get mad and frustrated and take it out on them.” But there really isn’t much anyone can do. The natural gas boom has made affordable housing as obsolete as the anthracite coal that once drove the region’s energy economy.

The residents, with limited incomes, have lived good lives; they are good people. They paid their rents and fees on time; they kept up the appearances of their trailers and the land around it. They worked their jobs; they survived. Until they were evicted

And now it’s up to the residents to try to survive. They have become closer; they listen to each other; they hug each other; and, the tough men aren’t afraid to let others see them cry. “The pain in this park is almost too much at times,” says June.

If something goes wrong, the residents have to fix it; Kevin June is the one they call. If he can’t fix a problem, he finds someone who can. In this trailer park, as in most communities, there is a lot of talent—“we help each other,” says June. His job is to make sure the residents survive. I’ve had the Holy Spirit running through my veins a long time, but it’s running real deep right now,” he says.

A half-dozen families have already moved, but most say they will stay and fight what they see as a politically-based corporate takeover.

During the week Aqua PVR issued eviction notices, its parent company issued a news release, boasting that its revenue for 2011 was $712 million, a 4.2 percent increase from the year before; its net income was $143.1 million, up 15.4 percent from the previous year. But, for some reason, the company just couldn’t find enough money to give the residents a fair moving settlement. “They just expect us to throw our homes into the street and live in tents,” says June.

“I went to see a state representative to ask what he could do to help,” he says, “but his secretary just coldly told me there was nothing that could be done because whoever owns a property can do with it what he wants to do.” He never saw the state representative.

The Commonwealth of Pennsylvania—armed with an industry-favorable law recently rammed through by the Republican-controlled legislature and eagerly signed by a first-term Republican governor who received more than $1.6 million in campaign contributions from the energy industry—has decided that fracking the earth, threatening health and the environment, is far better for business than taking care of the people.

Kevin June and 36 families are just collateral damage.

[Tax-deductible donations may be made to the Riverdale Fund, c/o Sovereign Bank, 222 Allegheny St., Jersey Shore, Pa. 17740; 570-398-1540. Dr. Brasch is an award-winning syndicated columnist and author of 17 books. His current book is Before the First Snow, available in hardcover and ebook editions from Greeley & Stone, Publishers; amazon; and other book stores.]

 

 

FRACKING: Corruption a Part of Pennsylvania’s Heritage

 

by WALTER BRASCH

 

(part 3 of 3)

           

The history of energy exploration, mining, and delivery is best understood in a range from benevolent exploitation to worker and public oppression. A company comes into an area, leases land in rural and agricultural areas for mineral rights, increases employment, usually in a depressed economy, strips the land of its resources, creates health problems for its workers and those in the immediate area, and then leaves.

It makes no difference if it’s timber, oil, or coal. In the 1970s and 1980s, the nuclear energy industry promised well-paying jobs, clean energy, and a safe health and work environment. Chernobyl, Three Mile Island, Fukushima Daiichi, and thousands of violations issued by the Nuclear Regulatory Agency, have shown that even with strict operating guidelines, nuclear energy isn’t as clean and safe as claimed. Like all other energy industries, nuclear power isn’t infinite. Most plants have a 40–50 year life cycle. After that, the plant becomes so radioactive hot that it must be sealed.

In the early 21st century, the natural gas industry follows the model of the other energy corporations, and uses the same rhetoric. James M. Taylor, senior fellow at the Heartland Institute, claims on the Institute’s website, “The newfound abundance of domestic gas reserves promises unprecedented energy prosperity and security.”

The energy policy during the eight years of the George W. Bush–Dick Cheney administration was to give favored status to the industry, often at the expense of the environment. In addition to negating Bill Clinton’s strong support for the Kyoto Protocol, signed by 191 countries, to reduce greenhouse-gas emissions, former oil company executives Bush and Cheney pushed to open significant federal land, including the 19 million acre Arctic National Wildlife Refuge (ANWR), to drilling that would disrupt the ecological balance in one of the nation’s most pristine areas.

A study by the Environmental Protection Agency (EPA), published in 2004 concluded that fracking was of little or no risk to human health. However, Wes Wilson, a 30-year EPA environmental engineer, in a letter to members of Congress and the EPA inspector general, called that study “scientifically unsound,” and questioned the bias of the panel, noting that five of the seven members had significant ties to the industry. “EPA’s failure to regulate [fracking] appears to be improper under the Safe Water Drinking Act and may result in danger to public health and safety.”

The following year, the Energy Policy Act of 2005—on a 249–183 vote in the House and an 85–12 vote in the Senate—exempted the oil and natural gas industry from the Safe Water Drinking Act. That exemption applied to the “construction of new well pads and the accompanying new roads and pipelines.” The National Defense Resource Council noted that the EPA interpreted the exemption “as allowing unlimited discharges of sediment into the nation’s streams, even where those discharges contribute to a violation of state water quality standards.” The exemption became known derisively as the Halliburton Loophole, named for one of the nation’s major energy companies, of which Cheney, whose promotion of Big Business and opposition to environmental policies is well-documented, had once been the CEO.

Bills introduced in the U.S. House (H.R. 2766) and U.S. Senate (S. 1215) in June 2009 to give federal regulatory oversight under the Safe Water Drinking Act to hydraulic fracturing languished. New bills (H.R. 1084 and S. 587), introduced in March 2011 in the 112th Congress, are also expected to die without a vote.

The natural gas industry has a long history of effective lobbying at the state and national level. America’s Natural Gas Alliance has four former Congressmen as lobbyists, according to research by the Center for Responsive Politics (CRP). Through various political action committees (PACs), the industry has contributed about $238.7 million in campaign contributions, about three-fourths of it to Republican candidates, since 1990, according to the CRP. For the 2008 election, the gas and oil industry contributed $27.4 million, including contributions from individuals, PACs, and soft money, according to CRP data. Total contributions for the current election cycle, as of mid-March, are $20.6 million, with almost 90 percent of it going to Republicans.

At the federal level, the top recipients of oil and gas contributions during the current election cycle, according to the CRP, are former presidential hopeful Gov. Rick Perry of Texas ($833,674), Lt. Gov. David Dewhurst of Texas ($650,850), presidential hopeful Mitt Romney ($597,950), Senate Majority Leader Mitch McConnell ($264,700), and Sen. John Barasso of Wyoming ($225,400), a member of the Energy and Natural Resources Committee. Every one of the top 20 recipients is a Republican.

Barack Obama, although significantly more environmental friendly than his predecessor, had opened up off-shore drilling just prior to the BP oil spill in the Gulf Coast in April 2010. He has repeatedly spoken against the heavy use and dependence upon fossil fuels, and sees the expanded use of natural gas as a transition fuel to expanded use of wind and solar energy. Nevertheless, he has still received funding from the natural gas industry. During the 2008 presidential campaign, he received $920,922 from the oil and gas industry, according to data compiled by the CRP. His opponent, Sen. John McCain, according to CRP, accepted $2,543,154.

In contrast, the 1.4 million member Sierra Club, since August 2010, has refused to accept any donations from the natural gas industry. The Sierra Club, which has actively opposed the development of coal as an energy source, had received $27 million since 2007 from Chesapeake Energy. By 2010, “our view of natural gas [and fracking] had changed [and we] stopped the funding relationship between the Club and the gas industry, and all fossil fuel companies or executives,” says Michael Brune, Sierra’s executive director.

 

Mixed into Pennsylvania’s energy production is not only a symbiotic relationship of business and government, but a history of corruption and influence-peddling. Between 1859, when an economical method to drill for oil was developed near Titusville, Pa., and 1933, the beginning of Franklin D. Roosevelt’s “New Deal,” Pennsylvania, under almost continual Republican administration, was among the nation’s most corrupt states. The robber barons of the timber, oil, coal, steel, and transportation industries essentially bought their right to be unregulated. In addition to widespread bribery, the energy industries, especially coal, assured the election of preferred candidates by giving pre-marked ballots to workers, many of whom didn’t read English.

In a letter to the editor of The New York Times in March 2011, John Wilmer, a former attorney for the Pennsylvania Department of Environmental Protection (DEP), explained that “Pennsylvania’s shameful legacy of corruption and mismanagement caused 2,500 miles of streams to be totally dead from acid mine drainage; left many miles of scarred landscape; enriched the coal barons; and impoverished the local citizens.” His words serve as a warning about what is happening in the natural gas fields.

Pennsylvania’s new law that regulates and gives favorable treatment to the natural gas industry was initiated and passed by the Republican-controlled General Assembly and signed by Republican Gov. Tom Corbett. The House voted 101–90 for passage; the Senate voted, 31–19. Both votes were mostly along party lines.

In addition to forbidding physicians and health care professionals from disclosing what the industry believes are “trade secrets” in what it uses in fracking that may cause air and water pollution, there are other industry-favorable provisions. The new law guts local governments’ rights of zoning and long-term planning, doesn’t allow for local health and environmental regulation, forbids municipalities to appeal state decisions about well permits, and provides subsidies to the natural gas industry and payments for out-of-state workers to get housing but provides for no incentives or tax credits to companies to hire Pennsylvania workers. It also requires companies to provide fresh water, which can be bottled water, to areas in which they contaminate the water supply, but doesn’t require the companies to clean up the pollution or even to track transportation and deposit of contaminated wastewater. The law allows companies to place wells 300 feet from houses, streams and wetlands. The law also allows compressor stations to be placed 750 feet from houses, and gives natural gas companies authority to operate these stations continuously at up to 60 decibels, the equivalent of continuous conversation in restaurants. The noise level and constant artificial lighting has adverse effects upon wildlife. As a result of all the concessions, the natural gas industry is given special considerations not given any other business or industry in Pennsylvania.

Each well is expected to generate about $16 million during its lifetime, which can be as few as ten years, according to the Pennsylvania Budget and Policy Center (PBPC). The effective tax and impact fee is about 2 percent. Corbett had originally wanted no tax or impact fees placed upon natural gas drilling; as public discontent increased, he suggested a 1 percent tax, which was in the original House bill. In contrast, other states that allow natural gas fracking have tax rates as high as 7.5 percent of market value (Texas) and 25–50 percent of net income (Alaska). The Pennsylvania rate can vary, based upon the price of natural gas and inflation, but will still be among the five lowest of the 32 states that allow natural gas drilling. Over the lifetime of a well, Pennsylvania will collect about $190,000–$350,000, while West Virginia will collect about $993,700, Texas will collect about $878,500, and Arkansas will collect about $555,700, according to PBPC data and analyses.

State Sen. Daylin Leach, a Democrat from suburban Philadelphia, says he opposed the bill because, “At a time when we are closing our schools and eliminating vital human services, to leave billions on the table as a gift to industry that is already going to be making billions is obscene.” State Rep. Mark Cohen, a Democrat from Philadelphia, like most of the Democrats in the General Assembly, agrees. The legislation, he says, “produces far too little revenue for local communities, gives the local communities local taxing power which most of them do not want, because it pits one community against the other, and gives no revenue at all to other areas of the state.”

The new law is generally believed to be “payback” by Corbett and the Republican legislators for campaign contributions. The industry contributed about $7.2 million to Pennsylvania candidates and their PACs between 2000 and the end of 2010, including $860,825 to the Republican party and $129,100 to the Democratic party, according to data compiled by Common Cause. In addition, the natural gas industry contributed about $1.6 million to Corbett’s political campaigns during the past 10 years, about $1.1 million of that for his campaign for governor, according to Common Cause. Rep. Brian L. Ellis (R-Butler County), sponsor of the House bill, received $23,300. Sen. Joseph B. Scarnati (R- Warren, Pa.), the senate president pro-tempore who sponsored the companion Senate bill (SB 1100), received $293,334. Of the 20 Pennsylvania legislators who received the most money from the industry since 2001, 16 are Republicans, according to Common Cause.

Rep. H. William DeWeese (D-Waynesburg, Pa.), received $58,750, the most of the four Democrats. DeWeese, first elected in 1976, had been Speaker of the House and Democratic leader.

It’s possible that the significant campaign contributions didn’t influence Pennsylvania’s politicians to rush to embrace the natural gas industry and its controversial use of hydraulic fracking. It’s possible that these politicians had always believed in fracking, and the natural gas industry was merely contributing to the campaigns of those who believed as they do. However, with the heavy amount of money spent by the natural gas lobby and, apparently, willingly accepted by certain politicians, there is no way to know how they might have voted had no money or lobbying occurred.

Tom Corbett’s first major political appointment after his election in November 2010 was to name C. Alan Walker, an energy company executive, to head the Department of Community and Economic Development. The Pennsylvania Progressive identified Walker as “an ardent anti-environmentalist and someone who hates regulation of his industry.” A ProPublica investigation revealed that Walker had given $184,000 to Corbett’s political campaign.

Shortly after taking office, Corbett repealed environmental assessments of gas wells in state parks. The result could be as many as 2,200 well pads on almost 90 percent of all public lands, according to Nature Conservancy of Pennsylvania.

Corbett’s public announcements in March 2011, two months after his inauguration, established the direction for gas drilling in Pennsylvania.

In his first budget address, Corbett boldly declared he wanted to “make Penn­syl­va­nia the hub of this [drilling] boom. Just as the oil com­pa­nies decided to head­quar­ter in one of a dozen states with oil, let’s make Penn­syl­va­nia the Texas of the nat­ural gas boom. I’m deter­mined that Penn­syl­va­nia not lose this moment.” Lt. Gov. Jim Cawley would later boast, “The Marcellus [Shale] is revitalizing our main streets in downtowns.”

Within the budget bill, Corbett authorized Walker to “expedite any permit or action pending in any agency where the creation of jobs may be impacted.” This unprecedented reach apparently applied to all energy industries. That same month, Corbett created an Advisory Commission, loaded with persons from business and industry. Not one member was from the health professions; of the seven state agencies represented, not one member was from the Department of Health. 

Between 2007 and the end of 2010, the Pennsylvania Department of Environmental Protection (DEP) issued 1,435 violations to natural gas companies; 952 of those violations related to potential harm to the environment. In March, Michael Krancer, the new DEP secretary, also a political appointee, took personal control over his department’s issuance of any violations. By Krancer’s decree, every inspector could no longer cite any well owner in the Marcellus Shale development without first getting the approval of Krancer and his executive deputy secretary.

“It’s an extraordinary directive [that] represents a break from how business has been done” and politicizes the process, John Hanger told ProPublica. Hanger, DEP secretary under the Ed Rendell administration, said the new rules “will cause the public to lose confidence entirely in the inspection process.” He told the Scranton Times-Tribune the new policy was the equivalent of every trooper having to get permission from the state police commissioner before issuing a traffic citation.  Because the new policy is so unusual and broad “it’s impossible for something like this to be issued without the direction and knowledge of the governor’s office,” said Hanger. Corbett denied he was responsible for the decision. Five weeks after the Krancer decision was leaked to the media, and following a strong negative response from the public, environmental groups, and the state’s media, the DEP rescinded the policy—which Krancer claimed was only a three-month “pilot program.”

“When state agencies say they will ‘regulate’ or ‘monitor’ hydraulic fracturing to reduce known threats, we should not accept this as a guarantee of any kind,” says Eileen Fay, an animal rights/environmental writer. Fay argues that because of legislative corruption, it is a responsibility of citizens to protect their own health and environment by “putting pressure on our legislators.”

In February 2012, Corbett proudly signed Act 13, a merger of the House and Senate bills.

HB 1950 had initially included a provision to provide up to $2 million a year in funding to the Department of Health for “collecting and disseminating information, preparing and conducting  health care provider outreach and education and investigating health related complaints and other uses associated with unconventional natural gas production activity.” That provision, strongly supported by numerous public health and environmental groups, was deleted in the final bill.

The Pennsylvania Constitution (Article I, section 27) declares: “The people have a right to clean air, pure water, and to the preservation of the natural, scenic, historic and esthetic values of the environment. Pennsylvania’s public natural resources are the common property of all the people, including generations yet to come. As trustee of these resources, the Commonwealth shall conserve and maintain them for the benefit of all the people.”

However, unlike New York state, which placed a moratorium on well permits while it is evaluating the health and environmental risks, Pennsylvania has rushed to embrace the natural gas industry and its use of fracking, apparently disregarding its own Constitution. The Susquehanna River Basin Commission has routinely approved requests from drillers to remove millions of gallons of water each day from the river, although the commissioners have not requested any health impact statements or undertaken a complete cumulative impact study, according to Iris Marie Bloom, an environmental writer and activist. Because of the nature of the Marcellus Shale deposit in Pennsylvania, as opposed to neighboring states, natural gas companies have to transport the wastewater to other states for re-use or disposal or take it to sewage treatment plants. The plants then discharge the treated wastewater into the state’s rivers. However, present methods can’t remove the salt and some other chemicals and radioactive elements. Currently, about 11 million gallons of wastewater a day are taken from the Susquehanna for fracking operations; about three times that amount is anticipated when fracking reaches its peak in the state, according to Paul Swartz, Commission executive director. In contrast, the Delaware River Basic Commission has put a moratorium on taking water from that river until studies have been completed.

Pennsylvania is “handing out permits almost like popcorn in a theater,” says Diane Siegmund, a psychologist from Towanda. Between Jan. 1, 2005 and March 2, 2012, the Pennsylvania Department of Environmental Protection issued 10,232 permits, and denied only 36 requests.

Siegmund is frustrated by what she sees not only as state government’s acceptance of fracking but of numerous local governments in the Marcellus Shale region from speaking out on behalf of the preservation of health and the environment. When she went to the Bradford County commissioners with stacks of research about problems with fracking, “all they did was to thank me and claim it’s not their problem.” She says residents are beginning to believe that local governments are operating in collusion with the energy companies.

But it isn’t just governments. The issue of fracking has divided towns like Dimock, Pa. In November 2009, 15 residents sued Cabot Oil and Gas, charging that the company contaminated their drinking water. Tests conducted by the DEP during the last years of the Ed Rendell administration had revealed there was higher than expected methane gas in 18 water wells that provided drinking water to 13 homes near the drills. The build-up of methane gas had also led to well explosions and DEP warnings to citizens to keep their windows open. Among the provisions of a consent order, the state required Cabot to provide fresh water to families whose water had been affected by the excess methane gas. Cabot denied its fracking operation was responsible for the elevated levels. On Nov. 30, 2011, after the DEP, now under the Tom Corbett administration, declared the water to be safe to drink, Cabot stopped delivering water.

And then something strange happened. The town of Binghamton, N.Y., about 35 miles north, said it would provide a tanker of fresh water. However, the supervisors of Dimock Twp., supported by most of the 140 residents who attended the meeting, most of them with some economic ties to the natural gas industry, refused the offer. According to reporting in the Scranton Times-Tribune, when Binghamton mayor Matthew T. Ryan asked “Why not let people help?” he was rebuffed by one of the township’s three supervisors who snapped, “Why should we haul them water? They got themselves into this. You keep your nose in Binghamton.”

In January 2012, after declaring that the water “contains levels of contaminants that pose a health concern,” the EPA decided it would bring water to residents in Dimock. The response by Cabot was that the EPA was wasting taxpayer money in its investigation of Cabot environmental and health practices. The response by Pennsylvania’s DEP was almost as inflammatory as the water in the taps. Michael Krancer, DEP’s head, not only disagreed with the EPA findings, he called the agency’s knowledge of fracking to be “rudimentary.”

In mid-March, following preliminary tests on several of the wells serving Dimock residents, the EPA found that the water “did not show levels of contamination that could present a health concern.” However, it acknowledged arsenic, some metals, and potentially explosive methane gas remained in the water. A ProPublica investigation revealed that four of the five water samples it obtained showed methane levels exceeding Pennsylvania standards.

“We are deeply troubled by Region 3’s rush to judge the science before testing is even complete, and by their apparent disregard for established standards of drinking water safety,” said Claire Sandberg, executive director of Water Defense. She questioned why EPA Region 3’s handling of the Dimock case differed from how other EPA regional offices handled similar cases in Texas and Wyoming when it didn’t release the information until all testing was completed. Dr. Ron Bishop, professor of biochemistry at SUNY/Oneonta, told ProPublica, “Any suggestion that water from these wells is safe for domestic use would be preliminary or inappropriate.”

The extraction of natural gas has also led to the development of other industries—and the exploitation of the people. In Jersey Shore, Pa., about 20 miles west of Williamsport, Aqua PVR bought a 37-unit mobile home village, with plans to build a water withdrawal plant to provide up to three million gallons a day to the natural gas industry. The day the purchase was completed on Feb. 23, 2012, Aqua told the residents their leases were terminated “immediately,” according to reporting in the Sun-Gazette. The company gave residents until May 1 to leave. To sweeten what may be seen as a callous corporate action, Aqua said it would give $2,500 to each resident who moved by April 1, and $1,500 if they moved by May 1. However, as the Sun-Gazette reported, the cost to move each mobile home ranged from $5,000 to $12,000. Many of the residents lived in the village more than a decade; one was there 38 years. The newspaper reported that most trailer parks in the area were already at maximum occupancy, and others would not accept the older trailers.

“Residents are afraid to speak up,” says Diane Siegmund, who points out there is “a lot of fear” among the residents, those whose lives are being uprooted, those whose health is being compromised, and those whose economic benefits may be compromised if fracking operations are reduced.

“As long as the powers can keep the people isolated and fragmented,” says Siegmund, “the momentum for change can never be gained.” The experience in Dimock and Jersey Shore is seen throughout the Marcellus Shale region.

It’s not unreasonable to expect people who are unemployed or underemployed to grasp for anything to help themselves and their families, nor is it unreasonable to expect that persons—roustabouts, clerks, truck drivers, helicopter pilots, among several hundred thousand in dozens of job classifications—will take better paid jobs, even if it often means 60 hour work weeks under hazardous conditions. It’s also not unreasonable to expect that families living in agricultural and rural areas, who are struggling to survive, will snap at the lure of several thousand dollars to lease mineral rights and some of their land to an energy company, which will also pay royalties. But what is unreasonable is that government allows corporations to flourish at the expense of the people and their environment.

The Sierra Club urges that the country needs “to leapfrog over gas whenever possible in favor of truly clean energy. Instead of rushing to see how quickly we can extract natural gas, we should be focusing on how to be sure we are using less—and safeguarding our health and environment in the meantime.”

Christopher Portier, director of the National Center for Environmental Health, calls for more research studies that “include all the ways people can be exposed [to health hazards], such as through air, water, soil, plants and animals.”

In November 2011, the Advisory Board of the U.S. Department of Energy concluded: “The public deserves assurance that the full economic, environmental and energy security benefits of shale gas development will be realized without sacrificing public health, environmental protection and safety.”

When the history of natural gas exploration in Pennsylvania is finally written, the story will be that it was a cheaper, cleaner energy source, and that it temporarily helped some people in rural areas, and brought some well-paying jobs into the state. But history will probably also record that the lure of immediate gratification led Pennsylvania’s politicians to willingly accept political donations that led them to sacrifice their citizens’ health and the state’s environment.

 [Assisting on this series, in addition to those quoted within the articles, were Rosemary R. Brasch, Eileen Fay, and Dr. Wendy Lynne Lee. Dr. Walter Brasch is an award-winning social issues journalist. His current book is Before the First Snow, a critically-acclaimed novel that looks at what happens when government and energy companies form a symbiotic relationship, using ‘cheaper, cleaner’ fuel and the lure of jobs in a depressed economy but at the expense of significant health and environmental impact. The book is available at amazon.com and from the publisher, Greeley & Stone.]

 

 

 

FRACKING: Corruption a Part of Pennsylvania’s Heritage

 

by WALTER BRASCH

 

(part 3 of 3)

           

The history of energy exploration, mining, and delivery is best understood in a range from benevolent exploitation to worker and public oppression. A company comes into an area, leases land in rural and agricultural areas for mineral rights, increases employment, usually in a depressed economy, strips the land of its resources, creates health problems for its workers and those in the immediate area, and then leaves.

It makes no difference if it’s timber, oil, or coal. In the 1970s and 1980s, the nuclear energy industry promised well-paying jobs, clean energy, and a safe health and work environment. Chernobyl, Three Mile Island, Fukushima Daiichi, and thousands of violations issued by the Nuclear Regulatory Agency, have shown that even with strict operating guidelines, nuclear energy isn’t as clean and safe as claimed. Like all other energy industries, nuclear power isn’t infinite. Most plants have a 40–50 year life cycle. After that, the plant becomes so radioactive hot that it must be sealed.

In the early 21st century, the natural gas industry follows the model of the other energy corporations, and uses the same rhetoric. James M. Taylor, senior fellow at the Heartland Institute, claims on the Institute’s website, “The newfound abundance of domestic gas reserves promises unprecedented energy prosperity and security.”

The energy policy during the eight years of the George W. Bush–Dick Cheney administration was to give favored status to the industry, often at the expense of the environment. In addition to negating Bill Clinton’s strong support for the Kyoto Protocol, signed by 191 countries, to reduce greenhouse-gas emissions, former oil company executives Bush and Cheney pushed to open significant federal land, including the 19 million acre Arctic National Wildlife Refuge (ANWR), to drilling that would disrupt the ecological balance in one of the nation’s most pristine areas.

A study by the Environmental Protection Agency (EPA), published in 2004 concluded that fracking was of little or no risk to human health. However, Wes Wilson, a 30-year EPA environmental engineer, in a letter to members of Congress and the EPA inspector general, called that study “scientifically unsound,” and questioned the bias of the panel, noting that five of the seven members had significant ties to the industry. “EPA’s failure to regulate [fracking] appears to be improper under the Safe Water Drinking Act and may result in danger to public health and safety.”

The following year, the Energy Policy Act of 2005—on a 249–183 vote in the House and an 85–12 vote in the Senate—exempted the oil and natural gas industry from the Safe Water Drinking Act. That exemption applied to the “construction of new well pads and the accompanying new roads and pipelines.” The National Defense Resource Council noted that the EPA interpreted the exemption “as allowing unlimited discharges of sediment into the nation’s streams, even where those discharges contribute to a violation of state water quality standards.” The exemption became known derisively as the Halliburton Loophole, named for one of the nation’s major energy companies, of which Cheney, whose promotion of Big Business and opposition to environmental policies is well-documented, had once been the CEO.

Bills introduced in the U.S. House (H.R. 2766) and U.S. Senate (S. 1215) in June 2009 to give federal regulatory oversight under the Safe Water Drinking Act to hydraulic fracturing languished. New bills (H.R. 1084 and S. 587), introduced in March 2011 in the 112th Congress, are also expected to die without a vote.

The natural gas industry has a long history of effective lobbying at the state and national level. America’s Natural Gas Alliance has four former Congressmen as lobbyists, according to research by the Center for Responsive Politics (CRP). Through various political action committees (PACs), the industry has contributed about $238.7 million in campaign contributions, about three-fourths of it to Republican candidates, since 1990, according to the CRP. For the 2008 election, the gas and oil industry contributed $27.4 million, including contributions from individuals, PACs, and soft money, according to CRP data. Total contributions for the current election cycle, as of mid-March, are $20.6 million, with almost 90 percent of it going to Republicans.

At the federal level, the top recipients of oil and gas contributions during the current election cycle, according to the CRP, are former presidential hopeful Gov. Rick Perry of Texas ($833,674), Lt. Gov. David Dewhurst of Texas ($650,850), presidential hopeful Mitt Romney ($597,950), Senate Majority Leader Mitch McConnell ($264,700), and Sen. John Barasso of Wyoming ($225,400), a member of the Energy and Natural Resources Committee. Every one of the top 20 recipients is a Republican.

Barack Obama, although significantly more environmental friendly than his predecessor, had opened up off-shore drilling just prior to the BP oil spill in the Gulf Coast in April 2010. He has repeatedly spoken against the heavy use and dependence upon fossil fuels, and sees the expanded use of natural gas as a transition fuel to expanded use of wind and solar energy. Nevertheless, he has still received funding from the natural gas industry. During the 2008 presidential campaign, he received $920,922 from the oil and gas industry, according to data compiled by the CRP. His opponent, Sen. John McCain, according to CRP, accepted $2,543,154.

In contrast, the 1.4 million member Sierra Club, since August 2010, has refused to accept any donations from the natural gas industry. The Sierra Club, which has actively opposed the development of coal as an energy source, had received $27 million since 2007 from Chesapeake Energy. By 2010, “our view of natural gas [and fracking] had changed [and we] stopped the funding relationship between the Club and the gas industry, and all fossil fuel companies or executives,” says Michael Brune, Sierra’s executive director.

 

Mixed into Pennsylvania’s energy production is not only a symbiotic relationship of business and government, but a history of corruption and influence-peddling. Between 1859, when an economical method to drill for oil was developed near Titusville, Pa., and 1933, the beginning of Franklin D. Roosevelt’s “New Deal,” Pennsylvania, under almost continual Republican administration, was among the nation’s most corrupt states. The robber barons of the timber, oil, coal, steel, and transportation industries essentially bought their right to be unregulated. In addition to widespread bribery, the energy industries, especially coal, assured the election of preferred candidates by giving pre-marked ballots to workers, many of whom didn’t read English.

In a letter to the editor of The New York Times in March 2011, John Wilmer, a former attorney for the Pennsylvania Department of Environmental Protection (DEP), explained that “Pennsylvania’s shameful legacy of corruption and mismanagement caused 2,500 miles of streams to be totally dead from acid mine drainage; left many miles of scarred landscape; enriched the coal barons; and impoverished the local citizens.” His words serve as a warning about what is happening in the natural gas fields.

Pennsylvania’s new law that regulates and gives favorable treatment to the natural gas industry was initiated and passed by the Republican-controlled General Assembly and signed by Republican Gov. Tom Corbett. The House voted 101–90 for passage; the Senate voted, 31–19. Both votes were mostly along party lines.

In addition to forbidding physicians and health care professionals from disclosing what the industry believes are “trade secrets” in what it uses in fracking that may cause air and water pollution, there are other industry-favorable provisions. The new law guts local governments’ rights of zoning and long-term planning, doesn’t allow for local health and environmental regulation, forbids municipalities to appeal state decisions about well permits, and provides subsidies to the natural gas industry and payments for out-of-state workers to get housing but provides for no incentives or tax credits to companies to hire Pennsylvania workers. It also requires companies to provide fresh water, which can be bottled water, to areas in which they contaminate the water supply, but doesn’t require the companies to clean up the pollution or even to track transportation and deposit of contaminated wastewater. The law allows companies to place wells 300 feet from houses, streams and wetlands. The law also allows compressor stations to be placed 750 feet from houses, and gives natural gas companies authority to operate these stations continuously at up to 60 decibels, the equivalent of continuous conversation in restaurants. The noise level and constant artificial lighting has adverse effects upon wildlife. As a result of all the concessions, the natural gas industry is given special considerations not given any other business or industry in Pennsylvania.

Each well is expected to generate about $16 million during its lifetime, which can be as few as ten years, according to the Pennsylvania Budget and Policy Center (PBPC). The effective tax and impact fee is about 2 percent. Corbett had originally wanted no tax or impact fees placed upon natural gas drilling; as public discontent increased, he suggested a 1 percent tax, which was in the original House bill. In contrast, other states that allow natural gas fracking have tax rates as high as 7.5 percent of market value (Texas) and 25–50 percent of net income (Alaska). The Pennsylvania rate can vary, based upon the price of natural gas and inflation, but will still be among the five lowest of the 32 states that allow natural gas drilling. Over the lifetime of a well, Pennsylvania will collect about $190,000–$350,000, while West Virginia will collect about $993,700, Texas will collect about $878,500, and Arkansas will collect about $555,700, according to PBPC data and analyses.

State Sen. Daylin Leach, a Democrat from suburban Philadelphia, says he opposed the bill because, “At a time when we are closing our schools and eliminating vital human services, to leave billions on the table as a gift to industry that is already going to be making billions is obscene.” State Rep. Mark Cohen, a Democrat from Philadelphia, like most of the Democrats in the General Assembly, agrees. The legislation, he says, “produces far too little revenue for local communities, gives the local communities local taxing power which most of them do not want, because it pits one community against the other, and gives no revenue at all to other areas of the state.”

The new law is generally believed to be “payback” by Corbett and the Republican legislators for campaign contributions. The industry contributed about $7.2 million to Pennsylvania candidates and their PACs between 2000 and the end of 2010, including $860,825 to the Republican party and $129,100 to the Democratic party, according to data compiled by Common Cause. In addition, the natural gas industry contributed about $1.6 million to Corbett’s political campaigns during the past 10 years, about $1.1 million of that for his campaign for governor, according to Common Cause. Rep. Brian L. Ellis (R-Butler County), sponsor of the House bill, received $23,300. Sen. Joseph B. Scarnati (R- Warren, Pa.), the senate president pro-tempore who sponsored the companion Senate bill (SB 1100), received $293,334. Of the 20 Pennsylvania legislators who received the most money from the industry since 2001, 16 are Republicans, according to Common Cause.

Rep. H. William DeWeese (D-Waynesburg, Pa.), received $58,750, the most of the four Democrats. DeWeese, first elected in 1976, had been Speaker of the House and Democratic leader.

It’s possible that the significant campaign contributions didn’t influence Pennsylvania’s politicians to rush to embrace the natural gas industry and its controversial use of hydraulic fracking. It’s possible that these politicians had always believed in fracking, and the natural gas industry was merely contributing to the campaigns of those who believed as they do. However, with the heavy amount of money spent by the natural gas lobby and, apparently, willingly accepted by certain politicians, there is no way to know how they might have voted had no money or lobbying occurred.

Tom Corbett’s first major political appointment after his election in November 2010 was to name C. Alan Walker, an energy company executive, to head the Department of Community and Economic Development. The Pennsylvania Progressive identified Walker as “an ardent anti-environmentalist and someone who hates regulation of his industry.” A ProPublica investigation revealed that Walker had given $184,000 to Corbett’s political campaign.

Shortly after taking office, Corbett repealed environmental assessments of gas wells in state parks. The result could be as many as 2,200 well pads on almost 90 percent of all public lands, according to Nature Conservancy of Pennsylvania.

Corbett’s public announcements in March 2011, two months after his inauguration, established the direction for gas drilling in Pennsylvania.

In his first budget address, Corbett boldly declared he wanted to “make Penn­syl­va­nia the hub of this [drilling] boom. Just as the oil com­pa­nies decided to head­quar­ter in one of a dozen states with oil, let’s make Penn­syl­va­nia the Texas of the nat­ural gas boom. I’m deter­mined that Penn­syl­va­nia not lose this moment.” Lt. Gov. Jim Cawley would later boast, “The Marcellus [Shale] is revitalizing our main streets in downtowns.”

Within the budget bill, Corbett authorized Walker to “expedite any permit or action pending in any agency where the creation of jobs may be impacted.” This unprecedented reach apparently applied to all energy industries. That same month, Corbett created an Advisory Commission, loaded with persons from business and industry. Not one member was from the health professions; of the seven state agencies represented, not one member was from the Department of Health. 

Between 2007 and the end of 2010, the Pennsylvania Department of Environmental Protection (DEP) issued 1,435 violations to natural gas companies; 952 of those violations related to potential harm to the environment. In March, Michael Krancer, the new DEP secretary, also a political appointee, took personal control over his department’s issuance of any violations. By Krancer’s decree, every inspector could no longer cite any well owner in the Marcellus Shale development without first getting the approval of Krancer and his executive deputy secretary.

“It’s an extraordinary directive [that] represents a break from how business has been done” and politicizes the process, John Hanger told ProPublica. Hanger, DEP secretary under the Ed Rendell administration, said the new rules “will cause the public to lose confidence entirely in the inspection process.” He told the Scranton Times-Tribune the new policy was the equivalent of every trooper having to get permission from the state police commissioner before issuing a traffic citation.  Because the new policy is so unusual and broad “it’s impossible for something like this to be issued without the direction and knowledge of the governor’s office,” said Hanger. Corbett denied he was responsible for the decision. Five weeks after the Krancer decision was leaked to the media, and following a strong negative response from the public, environmental groups, and the state’s media, the DEP rescinded the policy—which Krancer claimed was only a three-month “pilot program.”

“When state agencies say they will ‘regulate’ or ‘monitor’ hydraulic fracturing to reduce known threats, we should not accept this as a guarantee of any kind,” says Eileen Fay, an animal rights/environmental writer. Fay argues that because of legislative corruption, it is a responsibility of citizens to protect their own health and environment by “putting pressure on our legislators.”

In February 2012, Corbett proudly signed Act 13, a merger of the House and Senate bills.

HB 1950 had initially included a provision to provide up to $2 million a year in funding to the Department of Health for “collecting and disseminating information, preparing and conducting  health care provider outreach and education and investigating health related complaints and other uses associated with unconventional natural gas production activity.” That provision, strongly supported by numerous public health and environmental groups, was deleted in the final bill.

The Pennsylvania Constitution (Article I, section 27) declares: “The people have a right to clean air, pure water, and to the preservation of the natural, scenic, historic and esthetic values of the environment. Pennsylvania’s public natural resources are the common property of all the people, including generations yet to come. As trustee of these resources, the Commonwealth shall conserve and maintain them for the benefit of all the people.”

However, unlike New York state, which placed a moratorium on well permits while it is evaluating the health and environmental risks, Pennsylvania has rushed to embrace the natural gas industry and its use of fracking, apparently disregarding its own Constitution. The Susquehanna River Basin Commission has routinely approved requests from drillers to remove millions of gallons of water each day from the river, although the commissioners have not requested any health impact statements or undertaken a complete cumulative impact study, according to Iris Marie Bloom, an environmental writer and activist. Because of the nature of the Marcellus Shale deposit in Pennsylvania, as opposed to neighboring states, natural gas companies have to transport the wastewater to other states for re-use or disposal or take it to sewage treatment plants. The plants then discharge the treated wastewater into the state’s rivers. However, present methods can’t remove the salt and some other chemicals and radioactive elements. Currently, about 11 million gallons of wastewater a day are taken from the Susquehanna for fracking operations; about three times that amount is anticipated when fracking reaches its peak in the state, according to Paul Swartz, Commission executive director. In contrast, the Delaware River Basic Commission has put a moratorium on taking water from that river until studies have been completed.

Pennsylvania is “handing out permits almost like popcorn in a theater,” says Diane Siegmund, a psychologist from Towanda. Between Jan. 1, 2005 and March 2, 2012, the Pennsylvania Department of Environmental Protection issued 10,232 permits, and denied only 36 requests.

Siegmund is frustrated by what she sees not only as state government’s acceptance of fracking but of numerous local governments in the Marcellus Shale region from speaking out on behalf of the preservation of health and the environment. When she went to the Bradford County commissioners with stacks of research about problems with fracking, “all they did was to thank me and claim it’s not their problem.” She says residents are beginning to believe that local governments are operating in collusion with the energy companies.

But it isn’t just governments. The issue of fracking has divided towns like Dimock, Pa. In November 2009, 15 residents sued Cabot Oil and Gas, charging that the company contaminated their drinking water. Tests conducted by the DEP during the last years of the Ed Rendell administration had revealed there was higher than expected methane gas in 18 water wells that provided drinking water to 13 homes near the drills. The build-up of methane gas had also led to well explosions and DEP warnings to citizens to keep their windows open. Among the provisions of a consent order, the state required Cabot to provide fresh water to families whose water had been affected by the excess methane gas. Cabot denied its fracking operation was responsible for the elevated levels. On Nov. 30, 2011, after the DEP, now under the Tom Corbett administration, declared the water to be safe to drink, Cabot stopped delivering water.

And then something strange happened. The town of Binghamton, N.Y., about 35 miles north, said it would provide a tanker of fresh water. However, the supervisors of Dimock Twp., supported by most of the 140 residents who attended the meeting, most of them with some economic ties to the natural gas industry, refused the offer. According to reporting in the Scranton Times-Tribune, when Binghamton mayor Matthew T. Ryan asked “Why not let people help?” he was rebuffed by one of the township’s three supervisors who snapped, “Why should we haul them water? They got themselves into this. You keep your nose in Binghamton.”

In January 2012, after declaring that the water “contains levels of contaminants that pose a health concern,” the EPA decided it would bring water to residents in Dimock. The response by Cabot was that the EPA was wasting taxpayer money in its investigation of Cabot environmental and health practices. The response by Pennsylvania’s DEP was almost as inflammatory as the water in the taps. Michael Krancer, DEP’s head, not only disagreed with the EPA findings, he called the agency’s knowledge of fracking to be “rudimentary.”

In mid-March, following preliminary tests on several of the wells serving Dimock residents, the EPA found that the water “did not show levels of contamination that could present a health concern.” However, it acknowledged arsenic, some metals, and potentially explosive methane gas remained in the water. A ProPublica investigation revealed that four of the five water samples it obtained showed methane levels exceeding Pennsylvania standards.

“We are deeply troubled by Region 3’s rush to judge the science before testing is even complete, and by their apparent disregard for established standards of drinking water safety,” said Claire Sandberg, executive director of Water Defense. She questioned why EPA Region 3’s handling of the Dimock case differed from how other EPA regional offices handled similar cases in Texas and Wyoming when it didn’t release the information until all testing was completed. Dr. Ron Bishop, professor of biochemistry at SUNY/Oneonta, told ProPublica, “Any suggestion that water from these wells is safe for domestic use would be preliminary or inappropriate.”

The extraction of natural gas has also led to the development of other industries—and the exploitation of the people. In Jersey Shore, Pa., about 20 miles west of Williamsport, Aqua PVR bought a 37-unit mobile home village, with plans to build a water withdrawal plant to provide up to three million gallons a day to the natural gas industry. The day the purchase was completed on Feb. 23, 2012, Aqua told the residents their leases were terminated “immediately,” according to reporting in the Sun-Gazette. The company gave residents until May 1 to leave. To sweeten what may be seen as a callous corporate action, Aqua said it would give $2,500 to each resident who moved by April 1, and $1,500 if they moved by May 1. However, as the Sun-Gazette reported, the cost to move each mobile home ranged from $5,000 to $12,000. Many of the residents lived in the village more than a decade; one was there 38 years. The newspaper reported that most trailer parks in the area were already at maximum occupancy, and others would not accept the older trailers.

“Residents are afraid to speak up,” says Diane Siegmund, who points out there is “a lot of fear” among the residents, those whose lives are being uprooted, those whose health is being compromised, and those whose economic benefits may be compromised if fracking operations are reduced.

“As long as the powers can keep the people isolated and fragmented,” says Siegmund, “the momentum for change can never be gained.” The experience in Dimock and Jersey Shore is seen throughout the Marcellus Shale region.

It’s not unreasonable to expect people who are unemployed or underemployed to grasp for anything to help themselves and their families, nor is it unreasonable to expect that persons—roustabouts, clerks, truck drivers, helicopter pilots, among several hundred thousand in dozens of job classifications—will take better paid jobs, even if it often means 60 hour work weeks under hazardous conditions. It’s also not unreasonable to expect that families living in agricultural and rural areas, who are struggling to survive, will snap at the lure of several thousand dollars to lease mineral rights and some of their land to an energy company, which will also pay royalties. But what is unreasonable is that government allows corporations to flourish at the expense of the people and their environment.

The Sierra Club urges that the country needs “to leapfrog over gas whenever possible in favor of truly clean energy. Instead of rushing to see how quickly we can extract natural gas, we should be focusing on how to be sure we are using less—and safeguarding our health and environment in the meantime.”

Christopher Portier, director of the National Center for Environmental Health, calls for more research studies that “include all the ways people can be exposed [to health hazards], such as through air, water, soil, plants and animals.”

In November 2011, the Advisory Board of the U.S. Department of Energy concluded: “The public deserves assurance that the full economic, environmental and energy security benefits of shale gas development will be realized without sacrificing public health, environmental protection and safety.”

When the history of natural gas exploration in Pennsylvania is finally written, the story will be that it was a cheaper, cleaner energy source, and that it temporarily helped some people in rural areas, and brought some well-paying jobs into the state. But history will probably also record that the lure of immediate gratification led Pennsylvania’s politicians to willingly accept political donations that led them to sacrifice their citizens’ health and the state’s environment.

 [Assisting on this series, in addition to those quoted within the articles, were Rosemary R. Brasch, Eileen Fay, and Dr. Wendy Lynne Lee. Dr. Walter Brasch is an award-winning social issues journalist. His current book is Before the First Snow, a critically-acclaimed novel that looks at what happens when government and energy companies form a symbiotic relationship, using ‘cheaper, cleaner’ fuel and the lure of jobs in a depressed economy but at the expense of significant health and environmental impact. The book is available at amazon.com and from the publisher, Greeley & Stone.]

 

 

 

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