Frac waste injection, seismic activity, and agency subpoenas
September 3rd, 2016
BIG earthquake in Oklahoma today, and are we surprised? Naaaaah… Here’s the info, including location, economic impacts, etc., from USGS:
CLICK HERE: USGS Pawnee, OK Earthquake Page
In the news, and they’re making the link between gas wells and earthquakes:
Earthquake Rattles Oklahoma; One Of Strongest Recorded In State
Earthquake Shakes Swath of Country Where Wells Have Drawn Scrutiny
IMPORTANT: The Oklahoma Corporation Commission takes action!
Oklahoma Corporation Commission orders disposal wells shut down near quake epicenter
Consider why fracking and injection of frac waste is allowed… Why is a pipeline route through earthquake prone area considered? The impacts of fracking and waste injection is one thing they do NOT want to acknowledge. From KOTV in June 2014 — USGS should know better:
And when searching, look at this — can you believe:
OGS: Earthquake risk low for proposed disposal wells in Yukon
When the topic of earthquakes and other seismic activity comes up, I always recommend the “bible” of injection into the earth, because this is not a new phenomenon and we’re making this happen, putting people and our water supply at risk:
When I got this book, it was an older edition, though pricey, but with patience, it could be had for $20. For about a decade now I’ve been recommending this book, and look at the price now. Out of bounds for most of us… funny how that works. I’d guess a library could find a copy, and here it is on google books, “only” $224.00 (GRRRRRRRRRR):
Gas migration: events preceding earthquakes
Elisa Young, a cohort in Ohio, has lived in the epicenter of frack injection triggered earthquakes around Youngstown. There, after so many earthquakes, the causal connection was acknowledged, but it took too long. Here’s a Legalectric post from four years ago:
Ohio Earthquakes & Fracking
And now for a complicated sidebar. Elisa Young asked today how to get the state and federal agencies to communicate about this problem and take action. How? Damned if I know — impacts of injecting gas and liquids into the earth are well known. Yet federal and state agencies are in serious state of denial. And it’s very difficult at times to get the agencies to show up, to do their job. It’s even difficult to get their analysis, their own reports, into project permit dockets. I get really tired of this…
How to get them to weigh in? In Public Utilities Commission dockets in Minnesota, I’ve had a hard time with state agencies, initially. For example, in Excelsior Energy’s Mesaba Project docket, there was a claim that coal gasification was “clean” yet the Minnesota Pollution Agency had not, and would not, weigh in on the emissions projected for this coal gasification power plant. WHAT? We pushed and pushed, threatened to subpoena, raised this at a PUC meeting, and finally, the PUC issued an Order and wrote a letter to the PCA Commissioner requesting the MPCA lend its expertise to the Commission and show up!
And a Legalectric post about later subpoena requests on the Mesaba Project:
And subpoena and Data Practices Act requests in that same docket for financial information:
I’ve had similar issues in transmission dockets, where the DOT and DNR would file Comments on environmental scoping, and/or the Draft Environmental Impact Statement, but those Comments would only be sent to the Dept. of Commerce, and were not posted in the PUC docket, so parties and the public had no idea the concerns the agencies may have. NOT OK. During the first CapX 2020 routing docket, Brookings 08-1474, it was so egregious, I asked the DOT General Counsel who was present to make comments at the public hearing, and to submit a copy for the routing docket record (the route ultimately turned on DOT easements and that DOT would not allow the transmission line to be built over those easements). The matter was remanded by the Commission for rehearing based on their routing quandry. Shortly after, on behalf of No CapX 2020, I subpoenaed testimony and Comments.
Subpoena requests sent! (DOT & DNR)
Subpoena plot thickens (Agreement to testify)
Subpoena request for US Fish & Wildlife
Subpoena Denied(tried to get USFWS, didn’t work. USFWS Comments had been hidden in EIS Comments)
Notes from Friday
In the Goodhue Wind docket (permit granted, and then much later revoked!):
Goodhue Wind Truth – Subpoena Requests for Bjorklund and Bull
ALJ Sheehy’s Letter to Overland – Denial of Subpoena Requests
When this was attempted in the Sandpiper Pipeline docket, the ALJ denied the Subpoena request. WHAT?
And an interesting back and forth with a hearing officer about getting information into the record and whether it would take a subpoena to get it, where ultimately, the ALJ agreed that the primary documents would be entered in the record:
And here’s an aside, use of subpoena regarding Xcel’s plans for coal, served by NY’s A.G.:
New York A.G. serves Xcel with subpoena
Enbridge files to withdraw Sandpiper applications!
September 1st, 2016
YES! It took them a month from their announcement, but finally, Enbridge has filed to withdraw the Sandpiper pipeline Certificate of Need and Route applications, and has asked to suspend the contested case and EIS process in the meantime.
There is a 14 day window to “object” to this Certificate of Need withdrawal, and a 10 day window to address the Motion to suspend contested case.
Now’s the time to say “WITHDRAW, WITHDRAW WITH PREJUDICE!” Now’s the time to say “WITHDRAW ALL RELATED APPLICATIONS” because there are so many applications for transmission lines for pumping stations, i.e., the Clearbrook Transmission Line!
And then sometime after the Comment period ends, PUC staff will issue “Briefing Papers” and then the Commission will schedule a meeting to address this, with at least 10 days notice. Expect, then, at least a month before the PUC acts.
Now, about that Line 3 replacement project…
Dept. of Health & 3M’s PFC/PFOA contamination
August 23rd, 2016
(click for larger version)
3M has gotten away with poisoning the water of Minnesota, and the Dept. of Health has taken some protective and/or remedial measures, but it’s not nearly enough. Isn’t it a wake-up call that we need a “Drinking Water Health Advisory” in this Land of 10,000 Lakes? Minnesota’s “Pollution Control Agency” has not been proactive on this, and we’ve known about 3M’s contamination for how long? This is why we need the EPA! The EPA is leading the charge, and Minnesota’s Department of Health (MDH), as above, has “responded” to the EPA Advisories.
80 Washington County homes will get bottled water as state reviews new pollution rules
In part:
The Dept. of Health page:
MDH Response to EPA Health Advisory for PFOS and PFOA
From the EPA’s page:
Basic Information
- Fact Sheet on PFOA and PFOS Drinking Water Health Advisories (May 2016)
- BLOG: Science Guides Public Health Protection for Drinking Water by Joel Beauvais
Technical Information
- FR Notice on the Health Advisories for PFOA and PFOS (May 25, 2016)
- 2016 PFOA Health Advisory
- 2016 PFOA Health Effects Support Document
- 2016 PFOS Health Advisory
- 2016 PFOS Health Effects Support Document
- 2016 EPA Response to Peer Review Comments
Provisional Health Advisories and Draft Health Effects Documents
Technical documents
- 2009 Provisional Health Advisory
- 2014 Draft Health Effects Document for Perfluorooctanoic Acid (PFOA)
- 2014 Draft Health Effects Document for Perfluorooctane Sulfonate (PFOS)
- Peer Reviewer Summary Report: External Peer Review of EPA’s Draft Health Effects Documents for Perfluorooctanoic Acid (PFOA) and Perfluorooctane Sulfonate (PFOS)
Peer Review
Protesting, defending 2nd Amendment rights?
August 22nd, 2016
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White Lives Matter group protests outside NAACP in Houston’s Third Ward
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White Lives Matter protest staged outside Houston NAACP office
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Armed ‘White Lives Matter’ Group Protests Outside Houston NAACP
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‘White Lives Matter’ Stages Armed Protest Outside NAACP
Can’t make this stuff up. I wish they’d read their “pocket Constitution” and amendments. How is NAACP related to their 2nd Amendment rights? Let’s see a 1,000 word essay, due tomorrow!
Yesterday there are armed white folks in Houston, Texas, sporting guns and waving Confederate flags:
Really… It’s a crucial distinction that they’re talking about “2nd Amendment rights” and not “1st Amendment rights” here, that their focus is on guns, and not speech. At what point is inflammatory “speech” of flags and open carry in front of NAACP headquarters criminal incitement or terroristic threats?
Notice the “14 WORDS” sign. Those “14 WORDS” are a fundamental slogan of white supremacists, originally from David Lane, The Order, The Silent Brotherhood, Bruders Schweigen: “We must secure the existence of our people and a future for White children.” He also authored the “88 Precepts” while in jail serving his 190 year sentence. Words like this should not be taken lightly. The actions of Lane’s group included the machine-gun mowing down of Alan Berg, Jewish radio talk show host, armored car robberies and counterfeiting, racketeering, and conspiracy. He died in jail.
Incitement is a difficult concept, much is allowed, and in reviewing Constitutional law on incitement, the key is to be vague, to use inference, to speak of possibilities, and that’s OK. Urges to action NOW is another matter. So thus far, these “protesters” (again, what exactly are they “protesting?”) seem to be within bounds, unlike Drumpf (one protester yesterday was wearing a Trump hat), who has gone over the edge with direct, targeted incitement:
Is Donald Trump inciting violence? He might be. – Slate
Texas Penal Code § 22.07. Terroristic Threat
I’d be afraid to go to work that day if I worked at NAACP HQ, but likely they’re closed on Sunday, so that threat charge is then likely dodged.
Are the many people in the U.S. killed lately by white supremacists being considered, is it being taken into account?
How is the NAACP related to the protesters 2nd Amendment rights? Houston, we have a problem…
Transmission…
August 21st, 2016
In the inbox today from an activist cohort, a poem by Thomas Lux:
Cucumber Fields Crossed by High Tension Wires
The high-tension spires spike the sky
beneath which boys bend
to pick from prickly vines
the deep-sopped fruit, the rind’s green
a green sunk
in green. They part the plants’ leaves,
reach into the nest,
and pull out mother, father, fat Uncle Phil.
The smaller yellow-green children stay,
for now. The fruit goes
in baskets by the side of the row,
every thirty feet or so. By these bushels
the boys get paid, in cash,
at day’s end, this summer
of the last days of the empire
that will become known as
the past, adios, then,
the ragged-edged beautiful blink.
What surprises me is when someone notices transmission, and in this case, Lux is jarred enough to think and write about it. It’s such a common part of our landscape that most people don’t notice it… that is, most people don’t notice it until they’re affected, and suddenly wake up to the reality of transmission, criss-crossing our country with its insidious web, noticing that it’s EVERYWHERE! Once your eyes are opened to transmission, it’s impossible to disregard.
