fracking | Cathy's Class Blog

BLM auctions off 750 acres of Wayne National Forest for fracking

December 20 2016June 29, 2017

Demonstrators gather at the entrance to the Wayne National Forest in Nelsonville, Ohio, on December 1, 2016, to protest a BLM auction of oil and gas leases on public land in the forest. Photo courtesy of Kimberly Dawley.

Over the objections of the Sierra Club and other environmental organizations, the Bureau of Land management on December 13 auctioned off leases for parcels in Wayne National Forest to oil and gas corporations for fracking.

Parcels in the Marietta unit of Wayne National Forest marked off for auction to oil and gas corporations for fracking.

More than 750 acres across 17 parcels in the forest’s Marietta unit were sold to 22 oil and gas companies for a total of about $1.7 million. Winning bids ranged from $2 per acre to $5,806.12 per acre.

Originally the BLM had posted 31 parcels in Wayne National Forest for lease, but pulled 17 at the last minute, finding that they already had existing oil and gas leases. A few of the pulled parcels even have operational wells.

Discussion of fracking in Wayne National Forest goes back to 2011, when the BLM proposed leasing parcels of the forest to oil and gas operations. At that time the Sierra Club joined with other groups such as Athens County Fracking Action Network and Buckeye Forest Council to successfully lobby Wayne Forest supervisor Anne Carey to withdraw consent for fracking.

But in late 2015 the BLM brought back plans to frack Wayne National Forest. The agency held information sessions near each of the forest’s three main units in Athens, Marietta, and Ironton. In Athens 200 citizens showed up to oppose fracking.

The sale came after BLM issued a draft Environmental Assessment, a “fast-track” assessment of the risk of oil and gas drilling in the Marietta unit, along with an unsigned Finding of No Significant Impact in April 2016. Their proposal was to lease fracking rights to 40,000 acres, including 18,000 acres in the first auction. More than 50 oil companies expressed interest.

Objections

In response, the Sierra Club with Center for Biological Diversity, Friends of the Earth, and Ohio Environmental Council submitted a 78-page letter demanding a full Environmental Impact Statement, a much more comprehensive examination of environmental risks.

Activists rallied against fracking in Wayne National Forest outside Sen. Rob Portman’s office in Columbus on November 3, 2016.

The groups said the draft assessment had not taken into account that:

Fracking poses a risk to water quality through contamination of rivers, streams, and water tables from fracking fluid and disposal wells.
Fracking harms air quality through pollutants such as nitrogen oxides, sulfur dioxide, particulate matter, carbon monoxide, and ozone.
Methane from fracking significantly increases greenhouse gas emissions, adding to climate change that increases the chances of extreme weather events, sea level rise, and impacts to infrastructure.
Fracking poses significant human health and safety risks such as increased risk of cancer, birth defects, and heart attacks.
Fracking poses a risk to wildlife species such as the northern long-eared bat and threatens loss of wildlife habitats.

BLM must end all new fossil fuel leasing and fracking on public lands in order to limit greenhouse gas emissions and keep fossil fuels in the ground required to meet the Paris Agreement on climate change, the environmental group’s letter said.

Activists rallied against fracking in Wayne National Forest outside Sen. Rob Portman’s office in Columbus on November 3, 2016.

Sierra Club also worked with Center for Biological Diversity and Ohio Environmental Council to ask the U.S. Forest Service to intervene to stop the sale of Wayne National Forest for fracking. Under federal rules, BLM oversees oil and gas operations, but the Forest Service must consent to these activities and can withdraw consent at any time.

“Public lands are for the people, not for the benefit of Big Oil and Gas,” Lena Moffitt, director of the Sierra Club’s Beyond Dirty Fuels campaign, said in a statement last month. “Drilling for oil and gas means more fracking, and fracking means poisoning our air and water, and threatening the health of our communities and our environment. At a time when clean energy like solar and wind is proving to be safest, healthiest and most cost-effective way to power our country, it’s high time we recognized that we need to leave dirty fuels like coal, oil and gas in the ground.”

Unfortunately, the BLM did not take concerns raised by Sierra Club and other groups into account and declined to do an in-depth Environmental Impact Statement. In October the BLM published its final Environmental Assessment and Finding of No Significant Impact, setting the auction date for December 13.

Online auction

The auction was conducted entirely online. To bid, interested parties had to sign up through the auction portal, declare they intended to use the land for oil and gas exploration, and provide their bank account information to receive a maximum bid allowance.

Activists made plans for how to counter fracking in Wayne National Forest at a meeting on October 27, 2016.

Several environmental groups ran campaigns against fracking in Wayne National Forest. More than 4,000 people sent letters to the U.S. Forest Service through an action alert posted by Ohio Sierra Club. An Action Sprout petition posted by Ohio Environmental Council got over 8,000 signatures, and a Change.org petition posted by Athens County Frack Action Network netted over 99,000 signatures.

In addition, protests were organized at the offices of Sens. Rob Portman and Sherrod Brown, as well as at U.S. Forest Service offices in the Athens unit.

Coincidentally, also on December 13, the Environmental Protection Agency released its final report showing that fracking has indeed contaminated drinking water. This was a change from the draft report that found such contamination only in isolated cases.

The EPA updated the report after a virtually unanimous outcry from environmental protection organizations across the country as well as its own Science Advisory Board.

Activists rallied against fracking in Wayne National Forest outside Sen. Rob Portman’s office in Columbus on November 3, 2016.

BLM has 60 days to issue the fracking leases sold on December 13. Companies then must apply for a permit to drill, a process that takes at least six months.

Parties interested in opposing fracking in Wayne National Forest will meet on Thursday, January 26, at 6 p.m. in Room 100 of the Northwood-High Building, 2231 N. High St., Columbus, OH 43201, to discuss options following the December auction.

This story appeared in the January 2017 newsletter for Sierra Club Central Ohio Group.

Wednesday, December 9 – Fracking action, Exxon trial

December 9 2015December 25, 2015

Now that the conference is starting to wind down, I am trying to get the most out of every day I have left. Today I decided to spend the day back at the Climate Generations space to see a few panels that looked especially interesting. After a nice breakfast at a little cafe near Place to B (I’ve given up on the hostel breakfast), I got on the train to Le Bourget at about 10 a.m., hoping to arrive by 11 a.m. for an 11:15 panel with Christiana Figueres, executive secretary of the UNFCCC, and Laurent Fabius, French foreign minister who was functioning as president of COP 21. Since this was the first panel of the day, security lines were out the door, and I almost didn’t make it there in time.

Panelists for “Beyond 2015: Transforming NAZCA Commitments into Action”

The subject of the panel was “Beyond 2015: Transforming NAZCA Commitments into Action” – NAZCA being Non-State Actor Zone for Climate Action – in other words, city and state governments, corporations, and the like. This was the only time I had seen when Figueres and Fabius might be out of the Blue Zone. Unfortunately neither of them made it out. I’m not sure what was going on with negotiations, but apparently they were busy. Instead we heard briefly from Ségolène Royal, French minister for ecology, sustainable development and energy, and two officials from the United Nations. Then was the main part of the panel: Katherine Neebe, director of sustainability at Walmart’ Jeanett Bergan, of the Noway investment fund KLP; and Ralph Becker, mayor of Salt Lake City.

The mayor was the best of the three, declaring openly that we need a new Congress before the Senate will do what needs to be done regarding climate change. He also discussed everything Salt Lake City is doing regarding climate. Neebe said Walmart has set goals for zero emissions and zero waste, which is great – but when asked during Q and A she dodged questions on whether Walmart would commit to supporting the COP21 agreement with conservative senators and whether Walmart would commit to phasing out plastic bags. The KPL representative was equally disappointing. She said the fund has divested from coal but decided not to divest from other fossil fuels due to financial concerns. I don’t know what those could be: Research shows that 80 percent of known fossil fuel reserves must stay in the ground, which will result in a lot of stranded assets.

Art in Section C of the Green Zone.

Once the panel got out, I needed to get lunch. Lines at the restaurants were not as long as the first day, but still long. I got into the line for crepes and waited. By the time I got my food, all tables were occupied. I ended up sitting next to a woman from a nonprofit called Population Media Center, which works on the issue of overpopulation – but has a very creative way to getting their message out. They work with the producers of TV shows, specifically soap operas and shows aimed at teenagers, to get messages about birth control and not having children into the script. Apparently this effort to lower birth rates has been done since the 1970s — and there’s lots of evidence that it works.

By the time I finished lunch, the next panel I wanted to see had already started. It was on “Keeping fossil fuels in the ground: the international movement to ban fracking,” featuring Bill McKibben of 350.org. I headed over after hearing from my CCL colleague Michael Holm on Facebook that McKibben was speaking, and managed to catch the last 10 minutes of his talk. I haven’t followed the anti-fracking movement closely, so I didn’t know most of the other panelists, but they were all good: Kassie Siegel, Center for Biological Diversity; John Fenton, farmer from Wyoming; Sandra Steingraber, New York biologist who writes about fracking; Wenonah Hauter, Food and Water Watch; Liesbeth von Tongeren, Greenpeace Netherlands; and Joaquin Turco, fracking activist from Argentina.

$Panel on "Keeping fossil fuels in the ground: the international movement to ban fracking"$

Panel on “Keeping fossil fuels in the ground: the international movement to ban fracking”

After the panel was a 3 p.m. protest against fracking near the columns outside the main venue for COP 21. Rally organizers had managed to get a 30-minute permit for the event from the French government, and the rally took place under the watchful eye of the police. Speakers included several people from the indigenous community, including Kandi Mossett of Indigenous Environmental Network, and Casey Camp Horinek of Global Alliance for the Rights of Nature. There were also speakers from the Netherlands, Scotland, and Argentina, and for the first time I realized that the movement against fracking is truly global. The rally ended with a beautiful women’s warrior song led by Horinek.

Once the rally dispersed, I found the Sierra Club table in Climate Generations and traded stories of the panels I had been to with people there. Steven Sondheim had gone to a panel that touted nuclear power as the solution to climate change. This is a matter of hot debate among climate activists. James Hansen and three colleagues say nuclear power is essential to transitioning off fossil fuels because it provides a lot of energy with no carbon emissions. Others point out that nuclear plants take a long time to site and build, partly because no one wants to live near them; that while accidents are unlikely, they can be catastrophic; and that no one wants to accept the radioactive waste which must be stored forever. The Sierra Club and most environmental organizations have long been anti-nuclear. Citizens Climate Lobby does not take a position.

Title slide for “What Exxon Knew and What It Did Anyway”

At the Sierra Club booth I also met another national board member, Michael Dorsey, who teaches environmental policy at Dartmouth. Michael told me has been “going to COPs since before they were COPs,” and has made climate justice a central part of his research. Michael, Larry Fahn, and I were all headed to the same evening event, so we took the train together to Gare du Nord, then caught a cab to the event: a legal panel on “What Exxon Knew and What It Did Anyway,” discussing the prospects of a RICO case against Exxon and other fossil fuel corporations similar to the case brought by the Department of Justice against the tobacco industry.

Matt Pawa presented a RICO case against Exxon.

Matt Pawa (right) presented a RICO case against Exxon.

I was not allowed to videotape the event, probably because the attorneys who presented understandably do not want details to get out to the opposition. But I can post some basic information. The event was introduced by Antonio Oposa, an environmental lawyer from the Philippines who has won several landmark cases to protect topical forests and clean up Manila Bay. Then U.S. environmental attorney Matthew Pawa presented a case against Exxon for violations of the RICO statutes based on documents that have recently been made public through blockbuster reporting by Inside Climate News and Los Angeles Times. Pawa has already won cases against Exxon over groundwater pollution in New Hampshire, and against AEP over greenhouse gas pollution. Finally a panel of experts responded to the case and took questions from the audience. These included Naomi Ages of Greenpeace; Richard Harvey, British human rights attorney; Ken Kimmel of Union of Concerned Scientists; Michael Gerrard, director of the Sabin Center for Climate Change Law at the Earth Institute, Columbia University; and Carroll Muffett, president of the Center for International Environmental Law, which organized the event.

Michael Gerrard (standing) and other panelists at the Exxon Knew event.

Having missed a similar event with Naomi Klein and Bill McKibben on Saturday — Bill McKibben was in the audience for this — I was especially glad to catch this event, which featured some of the very people who will likely be involved in an actual case against Exxon if it ever goes to trial. But by the time the event got out, I was past ready for dinner. I walked back to Place to B with the idea of dropping off my heavy backpack, then finding a nearby restaurant. However, upon arrival, I was beckoned into the bar area and offered a free vegan dinner. I don’t know which group was responsible, but there was a huge spread of vegan food, and it was all free.

A much-needed vegan dinner

I gratefully accepted, filled a plate, and headed to the back room for a seat. As soon as I opened the door, I ran into Steven Sondheim, the Sierra Club volunteer from Tennessee, who invited me to join his table. I felt as if I had run into an old friend and was happy to find a place. One of Steven’s tablemates was an anti-fracking activist from Scotland named Maria Montinaro, and we talked for a long time. She told me that she had previously held a low-level job at the Bank of Scotland but had been fired for her fracking activism. Although there is an official moratorium on fracking in Scotland, the government is allowing test drilling ro be conducted near major cities, which has led to a series of protests and resistance actions among citizens. The government is supposed to decide in 2017 whether to lift the moratorium or make it a full ban.

As the evening wound down, we all agreed to meet up again Thursday night for a showing of Groundswell Rising at Generator Hostel. Naomi Klein would be speaking at the same time, but the plan was to show the movie once, then hold a discussion, then show it again for those at the Klein event. With that I wished everyone good night and headed to bed.

Friday, December 4 – Rights of nature, terrorist memorials and a Paris swim

December 4 2015December 26, 2015

This morning was yet another headache, but gradually they were getting better, so hopefully they will go away completely soon. Part of the problem is that I never got over the long and difficult plane ride here, especially the overnight flight when I couldn’t easily get up to walk around due to a large sleeping person in the aisle seat. If I were traveling in the United States, I would look for a YMCA to swim at — I’m a member in Columbus, and you can swim at Ys all over the country. But I tried googling it in Paris, and the only two facilities seemed to be shelters for homeless men, not workout facilities. So I tried asking the hostel staff at the front desk. They recommended a pool that had lap swimming hours all the way until midnight. That was a new one on me – I’ve never heard of a pool staying open past 10 p.m. But I got the information and figured I’d give it a try.

Tweet from the United Nations about the Climate Summit for Local Leaders

Today saw two major events and some good news. One, the Climate Summit for Local Leaders, was only open to mayors, city leaders, and their staff, so I could not go. But this meeting would bring some excellent news: After a rousing speech by Leonardo DiCaprio in he told them “Do not wait another day” to move to renewable energy, 1000 mayors from around the world signed a pledge to take their cities to 100 percent renewable by 2050. This is hugely important because cities are responsible for an estimated 75 percent of global carbon emissions, with transport and buildings being among the largest contributors. Climate action truly starts on the local level.

Another piece of good news also broke: Germany and France became the first developed nations to join the new Climate Vulnerable Forum, a group of mostly island and African nations highly vulnerable to climate change, in calling on COP 21 to lower the target for warming from 2 degrees C to 1.5 degrees C. (Canada, the United States, China, and the European Union would later join them.) Half a degree does not sound like much, but on a global scale it is a lot. It is the difference between whether the Greenland and Antarctic ice sheets completely melt, and whether island nations such as the Marshall Islands continue to exist.

The other major event today was the International Rights of Nature Tribunal, a two-day simulated court hearing that explored the rights of nature as a legal concept and how they might be defended in a series of cases in which various violators of those rights were prosecuted. The first day was today, but the event was one in a series of events in the history of the movement for the rights of nature. The movement was first galvanized in 1972 with the publication of Should Trees Have Standing? by Christopher Stone, which I learned about this semester in my environmental law class.

For a long time the concept was discussed only in academic circles, but in 2008 Ecuador adopted a new constitution that granted rights to nature. According to Article 71, “Nature or Pachamama, where life is reproduced and exists, has the right to exist, persist, maintain and regenerate its vital cycles, structure, functions and evolutionary processes.” Then, in the wake of the failed Copenhagen climate conference of 2009, President Evo Morales of Bolivia hosted the People’s Conference on Climate Change and the Rights of Mother Earth, which crafted and endorsed the Universal Declaration of the Rights of Mother Earth. Designed to complement the Universal Declaration of Human Rights, this declaration was meant to drive home the point that without a habitable environment including clean air, water, and land, human rights cannot exist.

The two-day proceeding this year featured several themes, explained by Cormac Cullinan, author of Wild Law: A Manifesto for Earth Justice and Osprey Orielle Lake, founder of Women’s Earth and Climate Action Network. First, in current legal frameworks across the world, everything other than humans and corporations is considered property, including all rivers, trees, mountains, and animals, Cullinan said. When something is property, it has no voice, and cannot defend itself; it will necessarily be exploited. Current law is based not on the concept that humans are part of nature, but that we can dominate and exploit nature with no consideration for other members of the earth community. However, with climate change and a host of other environmental disasters looming, it has become clear that in operating under this paradigm, we are destroying our own habitat. To address this, Cullinan argues, we must shift away from an anthropocentric point of view to seeing our role not as dominators but caretakers of the earth.

To do this, Lake argued, Western cultures should look to how indigenous peoples live in harmony with nature. Currently 80 percent of biodiversity on earth is in the care of indigenous peoples, and we should understand how they maintain it. We must stop the financialization and commodification of nature and reconnect with the earth as a solution to the current climate and environmental crisis. Lake also condemned market mechanisms such as cap and trade for carbon emissions and the United Nation’s Reducing Emissions from Deforestation and Forest Degradation (REDD) program as simply giving out permits to pollute, which causes the problem in the first place.

The tribunal consisted of eight presentations before a panel of judges:

Climate crimes against nature, including fossil fuels, deforestation, water and climate, market mechanisms, climate smart agriculture, land use, carbon capture and storage, free trade agreements, geoengineering and nuclear energy.
Financialization of nature, including compensation mechanisms linked to biodiversity conservation, EU biodiversity offsets, REDD+, and economic valuation of nature in general.
Agro-food industry and GMOs
Defenders of Mother Earth, referring to the criminalization of environmental activism and the sharp increase in murders of environmental activists, especially in the Global South.
Shale fracking operations, which speakers argued was akin to rape of the earth, resulting in earthquakes and entailing man camps that raised crime and violence.
Megadams in Brazil, which destroy ecosystems and displace tens of thousands of indigenous people.
Recognizing ecocide as a crime at the International Criminal Court through two cases: oil exploration and removal in Ecuador’s Yasuni National Park, and oil spills and toxic and hazardous waste left behind by Texaco/Chevron.

You can find an agenda for the tribunal here, a press release describing it here, a full overview and report here, and news coverage from the Guardian, National Catholic Reporter, and Indigenous Rising. You can also see the tribunal’s press conference in the Blue Zone here.

That evening at Place to B, many of the presenters, witnesses, and judges from the tribunal appeared at the two-hour Place to Brief. In the video above, most of the French and Spanish speakers were not translated, but you can hear speakers in English including Natalia Greene, who was instrumental in getting the new constitution passed in Ecuador; Cormac Cullinan, who gave an overview of the tribunal; Shannon Biggs, founder of Movement Rights who led the panel on norms; Osprey Orielle Lake, who talked about the rights of nature; and Roger Cox, lead attorney for a citizens group that won a landmark ruling ordering the Dutch government to lower carbon emissions 25 percent in five years to protect its citizens. Vandana Shiva gave closing remarks in a separate video. I did not attend this, so I am very happy that Place to B posted the recording.

I spent the late afternoon and early evening visiting memorials for the victims of the Paris terrorist attacks three weeks ago. The memorials are still quite fresh. I got more detailed photos at Place de la Republique, then went to the Bataclan club where the worst occurred and took a number of photos there. The club is still closed, but the entire sidewalk in front and to the side is filled with flowers, messages, candles, and the like. Across the street up and down for several blocks are more memorials. I took a ton of photos in an attempt to capture the scale of the items left, as well as what some items, especially those paying tribute to specific victims, looked like. My Paris Memorials album is posted on Flickr. Page through at whatever pace you like, but you might want to have some some tissues handy.

After that I found some dinner with the idea of getting in a a late swim at Piscine Pontoise, the pool the staff at the hostel had told me about. Dinner in France is never a hurried affair, and it was after 9 p.m. before I got done and after 10 p.m. before I made it to the pool. The journey was worth it. The pool was about half-again as long as the standard 25-meter pool used for lap swimming in the United States, so even with three people in the lane I could still get in a good workout. But best was the ambience. The whole place was flooded with low blue lights and jazzy music. You had to take your shoes off to get to the dressing rooms, but you got your own room that was kept locked by the attendant. I managed to get in a mile, which was sorely needed and helped change my outlook for the upcoming week.