Fracking and the loss of
habitat on public lands

2014

Mass fracking extractions occur at a time of the greatest species extinction since the disappearance of dinosaurs. Our human demands on the planet have exceeded what we can replenish. How can ordinary citizens protect genetic diversity still left on public lands against uncontrolled extractions by gas and oil companies? Susan Crowell

RENT-SEEKING: THE ATTEMPT TO EXTRACT WEALTH FROM OTHERS WITHOUT COMPENSATION AND WITHOUT MAKING ANY CONTRIBUTION TO PRODUCTIVITY. RENT SEEKING INVOLVES SOCIAL AND POLITICAL MANIPULATIONS WHERE ECONOMIC ACTIVITIES OCCUR AND NATURE HOLDS LITTLE VALUE.

Recently, harmful chemicals were injected beneath the Los Padres National Forest located in Ventura County. The wells were operating near the Corkscrew Swamp Sanctuary and Corkscrew Regional Ecosystem Watershed lands.

There was no environmental review or public scrutiny. The fracking was discovered by the Los Padres ForestWatch which pursued its investigation for over a year. 

In Florida, a Texas oil company, Dan A. Hughes Co., used a acid treatment alternative in the Everglades to create fractures. The company claimed it was not fracking because it used acid. The State permitted the company to do one acid treatment. The company then did a second treatment without approval. It also added a sand and chemical gel under pressure to “pop open the new fractures" (using a proppant).

Under Florida law, a company does not need a separate permit to perform hydraulic fracturing, but it must notify Florida's Department of Environmental Protection (DEP) and obtain permission.

The company's fine was $25,000. DEP required a groundwater study before the company continued using the acid treatment. This is half a loaf because legally the company did not have to disclose what it was putting into the ground during fracking operations.

The Texas-based oil company has also drilled next door to the Florida Panther National Wildlife Sanctuary and has a well site surrounded by the National Audubon Society’s Corkscrew Swamp.

Federal ownership of
public lands

Public land refers to unappropriated land belonging to the federal government that is subject to sale or other disposal under general laws and is not reserved for any particular governmental or public purpose.

The federal government owns and manages around 635-640 million acres of land .The Bureau of Land Management (BLM) manages 248 million acres. The National Park Service (NPS) manages 80 million acres, and the Fish and Wildlife service (FWS) manages 89 acres (plus 217 million acres of marine refuges and monuments). The forest Service (USFS) manages 193 million acres.

As reported in 2004, about 570 million acres of federal land in the continental U.S. and Alaska were open to oil and gas leasing . In 2004, the federal government had leased around 229 million acres of public and subsurface rights on private land.

Oil and gas leases can be continued and exemptions from environmental risk made if the lessee produces oil and gas in paying quantities. The bond a company will pay does not come close to cleanup costs. This includes fracking activities, which bring significant environmental risks to wildlife inhabiting public lands.

A Bloomberg report says about 11.3 million acres of federal land are currently being fracked. BLM estimates that 90 percent of new oil and gas wells on federal land (about 92,000 wells) are fracked. 13 percent of the nation's natural gas production comes from these wells. Because fracking is viable in lands inaccessible to traditional gas and oil mining, the percentage of fracking compared to traditional methods will continue to increase. Another 4 million acres are under exploration. Millions of acres on public lands are leased but have not been drilled yet and are open to fracking operations by either small time or billionaire wildcatters.

Oil and gas companies had leased 38.5 million acres of public land by of the end of 2011. In 2013, the BLM reported 5,450 wells on 629 leases, producing more than 27 billion barrels of oil and gas combined throughout the State. The federal agency sold an additional million acres in 2011.

The above figures do not include hundreds of oil and gas producers in the United States that also hold leases or seek to obtain leases on public land.

Fracking and Wildlife

Generally, leasing arrangements and sales are not subject to the purview of elected representatives. Companies violate leasing agreements and risk relatively little in terms of punitive damages.

The global speed and scope of fracking activities is unprecedented within the oil and gas industry compared to even the most dramatic production surges in the industry. To make matters worse, the federal government has streamlined the review process. Yet, if the outcome shows bad effects due to fracking activities, there is no law that allows the federal government to retract leases. For this and other reasons, impact assessments hold little weight. There is no time to do localized assessments.

There is not adequate oversight in relation to fracking partly because there are problems with the federal multi-agency system of stewardship. The infrastructure is deteriorating.

On a state and local level there is a patchwork of rules and regulations. States in general hold much power over local decisions with the mindset that oil and gas extractions are too technical for more local decision-making. In turn, the federal government commonly trumps state decisions.

IN 2005, The risk of a shrinking depository of this biodiversity grew with the exemption for hydraulic fracturing in the Energy Policy Act of 2005 by Congress which expressly excludes hydraulic fracturing from the definition of “underground injection’ meaning that the Safe Drinking Water Act does not apply to fracking.

This decision, along with the pre-existing Resource Conservation and Recovery Act (RCRA) exemption that exempts oil and gas waste from being designated as a hazardous waste, increases the threat to human and nonhuman species on public lands.

If the exemption for underground injection did not exist the Environmental Protection Agency (EPA) would have more regulatory power under Section 404 and could enforce disclosure requirements.


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Fracking has already contributed significantly to an unreasoned breakup of contiguous lands and violations of special habitats that contain smaller, more vulnerable populations.

Even as fracking expands, forest lands shrink around the world as scientific observers in different countries document the extinction of species.

One long-term study showed the disappearance (extinction) of small mammals with the development of a hydroelectric dam in Thailand. The fragmentation of contiguous land resulted in the invasion of species, e.g. rats and a number of mammals ceased to exist. The threats to mammals and amphibians vary in kind depending on the area or region. In the case of the Marcellus Shale area a high diversity of species that have adapted to narrow geographical ranges are particularly vulnerable (Gillen and Kiviat 2012).

It is impossible to ignore other factors that lead to a critical point. People are experiencing climate change in different ways. So is wildlife. Gas and oil companies compound this with their water usage in high drought areas as the chart shows on the right. Even without this taking the current drought conditions in the western and central parts of the United States that are significantly affecting species' habitats.

There are increased reports of distressed species losing their specialized geographical rang because of fracking. Fish and animal species experience forced migrations out of their natural habitats because of worsening of air and water quality, as well as water availability. In addition, the conduct of fracking activity, including noise, contributes to the advance of invasive species and diseases.

Frogs, for example, have narrow ranges and so they are frequently studied by ecologists to study the health of an environment because their permeable skin absorbs everything including toxic chemicals. Globally, an estimated third of our frogs are gone. Frogs continue to disappear at a fast rate and show gross abnormalities.

Gillen and Kiviat's 2012 study focused on the overlap of industrializing Marcellus and Utica shale-gas regions with relatively rare species that were particularly sensitive to forest fragmentation and the loss or degradation of water quality. This study included 1 mammal, 8 salamander types, 2 fish types, 1 butterfly, and 3 vascular plants .

How massive of an intrusion can be associated with fracking? A Princeton study found that a single gas well resulted in the clearance of 3.7 to 7.6 acres (1.5 to 3.1 hectares) of vegetation, and contributed to a collective mass of air, water, noise and light pollution interfering with wild animal health, habitats and reproduction.

There are typically, 16 horizontal fracking wells per square mile in the mostly rural area of the Marcellus shale creates toxic waste fluid equivalent to 1600 traditional vertical wells per square mile. A typical Marcellus well pad with 7 wells adds up to about about 9,000 ground trip truck trips. using local roads, more fresh water use from local streams, lakes, and aquifers and contaminated water return to be disposed of somewhere. More drill cuts containing radio active materials have to be disposed of. There are more toxic chemicals that require disposal.

The practice of multistage fracking further increases disturbances over larger areas. This means larger disturbed areas estimated to be 30 to 40 acres for each well pad which holds storage of more fluid, chemicals, drill cutting, drilling fluids, equipment, and multiple wells. Some fractures associated with these pads can extend for a horizontal mile.

Segments of well bores placed at as little as 300 feet can extend a mile or more. “Fracking a dozen or more segments one at a time results in a substantially longer period of invasive activity and requires millions more gallons of contaminated water.” (Robbins).

Public lands play host to a boom and bust economy operating with large interests and smaller unknown players scrabbling for profits.

Consequently, large tracts of rural landscapes in the U.S. have drastically changed with viable evidence of serious disturbances to habitat, particularly in association with increased forest fragmentation which many of the most vulnerable species depend on.

One Nature Conservancy study looked at 250 hydraulic fracturing drilling sites to see the spatial footprint and concluded that each well pad could disturb up to 30 acres of habitat. Another study estimated 1 well pad per 40 acres.

The spotted owl (an indicator species), is designated  as a threatened species by the U.S. Fish and Wildlife Service.  It lives in a narrow geographical range. Currently, its status is further threatened by massive logging that has been approved covering a large burn area. The expected return for logging what is now substandard timber is $5 million. Sadly, the few remaining spotted owls had found a friendlier habitat in the burn area, which might have save them.

  Meantime, on the science side, a Environmental Protection Agency  (EPA) program for species recovery, working with diverse interests, shows the loss of the few remaining spotted owls at 3% per year.

The scientists' toolkit includes HexSim simulations (available as free download software)  to model scenarios of the movements of some of the most vulnerable species, including the spotted owl. It has potential value toward understanding the impact of fracking with the help of other tools if the EPA is inclined to ask the question. There are concerns that, in general, the EPA has not addressed critical issues such as water quality.

Endangered Species Act

Section 9 of the Endangered Species Act prohibits any person, public or private, from “taking” a listed species of fish or wildlife.

“Take” is a term of art— and a relatively broad one that encompasses both direct harm to individual members of a protected species and indirect harm through habitat alterations that injure any such individual.

“Section 9 imposes extraordinarily broad liability, particularly in comparison to laws that preceded it.

The ESA directly entitles endangered species to this protection, while threatened species can only obtain section 9 protection via regulations. All threatened species (with limited exceptions) governed by the FWS have this coverage and the NMFS provides it case by case to individual species.

 

Water sustains life more than gas and oil

Water, of course, is essential to all life. And as we’ve seen with the 2014 drought, it is not an infinite resource.

In a review of the impact of climate change on water availability, the U.S. Environmental Protection Agency (EPA) warns that there will be changes in water supply. This will be exacerbated by water demands. Water will have to carefully balance the needs of ecosystems with critical infrastructure in terms of human habitation.

It is going to take some areas of U.S. many years of recovery from the current drought. The map below  provided by Ceres shows that almost half of all U.S. wells are being developed in regions with high to extremely high water stress. Queally (2014) writing for Common Dreams says, "This means that more than 80% of the annual available water is already allocated to municipal, industrial, and agricultural users in these regions."

With the current high volume hydraulic fracturing (HVHF) A fracking well needs 3.5-6 million gallons of freshwater at a minimum to frack one well over one cycle. Each well can be fracked 7–8 times before exhausting the available methane. This means that up to 50 million gallons of freshwater are needed per well.

At its peak, the fracking industry is projected to use up to 68 million gallons per day of freshwater in North Carolina (NCDENR final fracking report 2012, page 77). This represents the average daily water use of 83,000 people (e.g., the population of Asheville, North Carolina. If conservatively 3.5 million gallons of fresh water were removed with one well, it would be more than the City of Ithaca in New York uses each day to supply over 35,000 customers.

links

Bureau of Land Management (BLM) oil and gas leasing statistics

Environmental Protection Agency regulatory laws

OUTMODED PUBLIC LAND LAWS?

Federal Land Ownership: Overview and Data, CRS Report for Congress(2012)

Endangered or Threatened Species found on Public Lands, US Fish and Wildlife Service

Feds Set To Open Fracking Floodgates In California Based On One Flawed Study, August 30, 2014

The Tongass national forest in Alaska is under assault because the roadless rule is being challenged, mostly to benefit the oil and timber industries

See also: EPA's section 404.

Download the full World Wildlife Fund report.(2018)


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