Wolf's Fracking Moratorium is a Good First Step, but More is Needed

Reprinted from Penn Live.

Environmentalists were pleased to see Gov. Tom Wolf move quickly to overturn ex- Gov. Tom Corbett's plans to open up more state parks and forests to gas leasing. Wolf did this during his first full week in office, fulfilling a campaign pledge.

In the executive order banning new gas leasing on our public lands, Wolf invoked the Pennsylvania Constitution's Environmental Amendment (Section 27, Article 1) as part of the legal framework that supported his action. 

This section of our Constitution reads, in part, "the Constitution of Pennsylvania guarantees the Commonwealth's citizens the right to clean air, pure water and to the preservation of the natural, scenic, historic and aesthetic values of the environment." 

Wolf also invoked the law that created the Department of Conservation and Natural Resources, which says the agency has a duty to conserve and maintain state parks and state forests in the public trust for the benefit of all its citizens, including generations to come, as required under our state Constitution.

Drilling for natural gas has many harmful impacts. 

The state Department of Environmental Protection has determined that hundreds of families have had their drinking water contaminated by poorly constructed wells.  

Methane air pollution from leaking wells and pipeline infrastructure is a potent greenhouse gas, contributing to climate disruption. 

In the last five years, 10,000 acres of our publicly-owned state forests, have been converted from a wilderness-type experience to outings that have to negotiate drilling pads, pipelines, compressor stations and pipelines, large impoundments to store water for fracking, new roads and power lines. 

Wildlife habitat has been fragmented, with interior forest species being forced to find new nesting grounds.  Invasive species are moving into areas where gas drilling occurs, threatening the native species. 

Recreational enthusiasts such as hunters, hikers, anglers and bird watchers are finding their traditional and favorite forest destinations turned into industrial operations. 

A single well drilled in a forest location requires thousands of truck trips to deliver the needed water, chemicals, and equipment.  Accidents at well sites have killed workers, caused explosions and spills that have polluted streams and rivers, and contaminated farms, threatening livestock. 

These kinds of impacts have occurred in the early "build-out" of the gas drilling industry's efforts to exploit the Marcellus shale deposits. 

Based on existing leases approved by prior administrations, they have only drilled 20 percent of their anticipated wells on our public state forests. 

Both Corbett and former Gov. Ed Rendell used our public lands as "cash cows" to balance their budgets, while our forests, wildlife and citizens suffered the consequences.  

A much better approach would be to halt future leasing, and impose a natural gas extraction tax, similar to what other gas drilling states have had in place. 

Make the drillers pay their fair share, rather than allow them to maximize their profits at the expense of us all.  

 It's also time to tighten the rules on drilling across-the-board.

The state should  require drillers to capture their methane pollution, ban open fracking waste water pits, disclose the names of all chemicals using in fracking at each well, require drillers to provide a permanent replacement water supply when they pollute drinking water, expand set-back requirements, require compressor stations to comply with noise and pollution limits. 

Pennsylvania needs to create and fund a health registry for impacts from gas drilling and fracking. 

I hope our new administration will make these their goals, and not just focus on an extraction tax.                

When he took office on Jan. 20, Wolf swore an oath to uphold the Pennsylvania Constitution, and one of his first acts was to do just that. 

What a refreshing change from the prior administration, which ignored the Constitution's environmental requirements, and the findings of the professionals in the Department of Conservation and Natural Resources. 

Every poll taken has shown that an overwhelming majority of the public oppose more gas leasing of our public lands. 

Our 2.2 million-acre state forest system already has more than 650,000 acres available to the gas drillers, thanks to prior gas leasing and privately-held mineral rights under our public lands. 

Many citizens believe the gas drillers already have access to way too much of our public lands.  But Corbett and the drillers wanted even more. 

Wolf has now put those additional acres off-limits, and should be congratulated for taking this important first step.  

The new leasing moratorium is a reminder that elections have consequences.  And sometimes those consequences benefit all the people, not just wealthy campaign contributors. 

Jeff Schmidt is the co-chairman of the Public Lands Committee for the Pennsylvania chapter of the Sierra Club. He writes from Shermansdale, Pa.

Sierra Club Testifies at House Democratic Policy Committee Hearing on 

Bill to Empower Citizens to Protect Public Lands

Contact:

Joanne Kilgour, Director, Sierra Club Pennsylvania Chapter, 717-232-0101, 412-965-9973 (c)

Williamsport, PA – At today’s House Democratic Policy Committee Hearing in Williamsport, Sierra Club Pennsylvania Chapter Director Joanne Kilgour testified in support of Rep. Mirabito’s HB 2318, legislation to empower citizens to protect the public lands of the Commonwealth. Co-sponsors of bill include Representatives Kotik, Thomas, McGeehan, Caltagirone, Painter, Carroll, Vitali, Murt, McCarter, Cohen, Pashinski, McNeill, and Dean.

“The public is an essential stakeholder in environmental decision-making regarding lands held in the public trust by the Commonwealth,” said Joanne Kilgour, Director of the Sierra Club PA Chapter. “It is refreshing to see legislation that will give weight to the public voice in protecting our state forests and which sets forth a framework for a meaningful, formal public participation process with through environmental review,” continued Kilgour.

Ms. Kilgour’s testimony follows.

HOUSE DEMOCRATIC POLICY COMMITTEE HEARING – JULY 28, 2014

TESTIMONY OF JOANNE KILGOUR, DIRECTOR OF THE SIERRA CLUB PENNSYLVANIA CHAPTER ON BEHALF OF OUR MORE THAN 24,500 MEMBERS

Good afternoon. First, I would like to thank Chairman Sturla, Chairman Vitali, and the members of this committee for the opportunity to participate in this important hearing. I would also like to thank Rep. Mirabito and the co-sponsors of HB 2318 for your leadership in sponsoring legislation that will empower citizens to protect the public lands of the Commonwealth.

My name is Joanne Kilgour and I am the Director of the Sierra Club Pennsylvania Chapter. Our Chapter has more than 24,500 members statewide, with 10 volunteer-led groups encompassing each region of the Commonwealth. Our members are avid, year-round users of Pennsylvania state lands, and on any given week you are likely to find several Sierra Club volunteer-guided outings in state parks, forests, or game lands. We are, as our mission suggests, exploring, enjoying, and protecting the wild places of Pennsylvania.

In this Commonwealth, our state parks host 38 million visitors each year and contribute $1.2 billion per year to the state economy, providing more than 13,000 quality jobs. Beyond state parks, the outdoor recreation industry in Pennsylvania represents $21.5 billion in annual consumer spending, 219,000 direct Pennsylvania jobs, $7.2 billion in wages and salaries, and $1.6 billion in state and local tax revenue. This significant benefit to the Commonwealth is a direct result of use by the public for fishing, hunting, camping, hiking, paddling, picnicking, sightseeing, and bird watching. The value to the state that is realized through public exploration, enjoyment, and protection of our shared lands demonstrates that we are key stakeholders who should have a voice in decisions made about the future of the natural places so integral to our way of life.

Last year, my predecessor Jeff Schmidt testified at a hearing similar to today’s, during which he and other witnesses spoke out with a formal request for legislation that would compel public agencies such as the Department of Conservation and Natural Resources to engage the public in decisions related to the management of our shared lands. Since that time, DCNR’s negotiations with Anadarko regarding natural gas development in the Loyalsock State Forest have proceeded without a formal commitment to allow public access to, and input on, a development plan or surface disturbance management agreement before those documents are finalized; DCNR has published a Shale-Gas Monitoring Report that included a survey of certain recreational users but did not enable formal public comment or information-sharing prior to publication; and the State Auditor General released a report highlighting the unpreparedness and inadequacy of the Department of Environmental Protection in documenting and responding to public complaints about natural gas development.

Since that May 2013 hearing of this Committee, it has only become clearer that the General Assembly of Pennsylvania, guided by the leadership of this Committee, must pass legislation to empower its citizens to protect the shared public lands of the Commonwealth. We recognize that DCNR and other public agencies acting as the trustees of our shared public resources do not have the capacity to be in every corner of every state park or forest. We also recognize that the public – state forest and park users – can help to supplement agency staff and provide valuable insights into the appropriate management of these resources. Now more than ever the role of the Commonwealth and its agencies as a public trustee of these shared lands demands the inclusion of a formal role for the public in environmental decision-making.

The interrelation of the citizens of Pennsylvania and the public lands of the Commonwealth is not only reflected in the mission of environmental organizations like the Sierra Club, but is set forth in Article 1 Section 27 of the Constitution of the Commonwealth of Pennsylvania, which states that:

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.

The legislation at issue in today’s hearing, House Bill 2318, provides a mechanism for implementing citizen participation under the Environment Rights Amendment. Legally required public participation and clearly outlined standards for public input will enhance the likelihood that environmental rights and public trust issues will be considered before a decision is made regarding natural gas development on public lands.  Therefore, HB 2318 will enhance the probability that the amendment will actually be followed and that the on-the-ground decisions of our public agencies will be in line with the guarantees of our constitution.  Formal public input into decisions made about natural gas development on state lands will also reduce the likelihood of expensive and time consuming litigation. Finally, HB 2318 would codify processes to give equal weight to public perspectives in decision-making about the future of

public lands, creating an opportunity to creatively resolve differences in approach before parties get locked into positions that can only be resolved through litigation.

For example, in 2002 DCNR under the Ridge Administration announced a plan to lease more than half a million acres of state forest land for natural gas development with drilling into the Trenton Black River formation, a reserve two to three miles below the surface. The proposal was met with strong opposition from the public, a reaction so significant that Secretary Oliver agreed to open the process to formal public participation. DCNR held six public hearings and accepted a total of nearly 5,000 comments. After consideration of public input and concern, the Department reduced the lease sale to less than half of what it originally proposed and strengthened lease requirements such as setbacks and waiver provisions. Without this formal process, the Department could have hastily leased hundreds of thousands of acres that were unsuitable for such development and engaged in contracts more permissive than appropriate to adequately protect public lands. We support a meaningful, formal public participation process, which includes a thorough environmental review.

In conclusion, HB 2318 will provide a necessary framework for inclusion of the public in decision-making regarding natural gas development on state lands.  Requiring public participation through legislation will help to ensure that our agencies are upholding their responsibility as public trustees and aid in the avoidance of hasty decisions that may not be in the public interest as well as costly litigation. I applaud the effort of Representative Mirabito and look forward to working with you all to ensure the passage of a strong HB 2318, for my future and for generations of public lands explorers to come. Thank you.”

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State Lands: Drivers of the PA Economy

Problem:

Governor Corbett issued an executive order reopening our state forests to leasing for natural gas drilling to fill in a one-time budget gap.

• All of the un-leased forest land is in ecologically sensitive areas. Incidents, including spills of diesel fuel and brine, have occurred in state forests.ⁱ
• Nearly 1,500 acres of forest had been converted for well pads and infrastructure, including some areas of once-contiguous forest that have been fragmented by new development.ⁱ
• Pipeline crossings impacted Exceptional Value, High Quality, or Cold Water Fisheries designated streams at 35 different locations.ⁱ
• New development makes areas vulnerable to the spread of invasive species. Researchers found 11 invasive plant species at 14 of the 18 well pads they looked at. ⁱ
• There are fewer opportunities for remote recreational experiences in forests with gas development and three designated state forest hiking trails have been affected by gas development.[i]

The Governor believes his proposal will not result in any additional disturbances. 

There is no such thing as a non-surface impact gas lease.

Proximity of drilling activities to our forests and parks alone puts them at risk. Pollution respects no boundaries. Additional drilling will result in noise and light disturbance from heavy machinery, seismic exploration, construction of new roads and pipelines, and increased truck traffic. 

These potential dangers and activities increase the risk of:

• Threatening the health of nearby families who have few safeguards to protect them from accidents and leaks.
• Upsetting the natural habitat of animals
• Proliferating invasive species
• Increasing forest fragmentation
• Disrupting the peace that is associated with enjoying nature
• When the parks can no longer be enjoyed, people go elsewhere to experience the outdoors and take their tourism money with them

WHAT YOU CAN DO TO PROTECT THE PARKS

Oppose Governor Corbett’s order reopening our state forests natural gas leasing and exposing state parks to unconventional leasing for the first time.

Call or write to your Senator or Representative.

Not sure who they are or how to reach them? Click here. 

Ask your legislators to:

Ø  Vote against any budget that includes leasing our state forests and parks to raise money

Ø  Tell their leadership that they plan to vote against any budget that includes leasing state parks and forests

For more information on natural gas drilling, visit: sierraclub.org/naturalgas or call 717.232.0101 

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[i] http://www.dcnr.state.pa.us/cs/groups/public/documents/document/dcnr_20029147.pdf

Statement on Governor Corbett's Plans to Lease More State Forests and State Parks for New Drilling

Delivered by Chapter Director, Joanne Kilgour, June 17, 2014

Over the past several years, the landscape of Pennsylvania has been permanently altered by natural gas development. Now, Governor Corbett plans to open up state forest and parklands to additional gas leases. The Corbett Administration claims that these new leases will create no additional long-term surface disturbance – but we will not be deceived by this misleading rhetoric.

We KNOW that the impacts of natural gas development do not respect the artificial boundary between public and private land. We KNOW that previously leased lands are likely to see new wells, well pads, compressor stations, access road, and pipelines. We KNOW that not a SINGLE well pad in state forest land has been fully reclaimed.

Joanne Kilgour speaking at the Capitol

We - like the thousands of Pennsylvanians who have been struggling with the on-the-ground realities of natural gas development - KNOW that there is no such thing as non-surface impact drilling. To suggest otherwise is a misrepresentation of reality, and an insult to those who have lived with wells on or near their property.

The Environmental Rights Amendment to the PA Constitution states: “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.”

The Governor’s plan for our state lands is out of step with the very constitution he is sworn to uphold. Additional leasing will only extend the harm to our valued state forests and parks, turning land held in the public trust into an industrial zone held in trust for the gas companies. Please stand with us and call on the legislature to say no to new leasing of our land.

Correct Your Course on Natural Gas, Mr. President

By Deb Nardone, Beyond Natural Gas Campaign Director
Reblogged from Sierra Club Currents

Today President Obama took several important steps down the trail towards addressing climate disruption. But when it comes to natural gas, the president is taking the wrong path.

The president was exactly right when he said no single step can reverse the impacts of climate change. The scale of the challenge, and the duty to our children and grandchildren, will require multiple steps, all at the same time, to urgently address the problem.

We must take these steps immediately, for our own health and for the sake of future generations. Coordinating our steps to reduce greenhouse gas pollution will require great political will and must include reductions in the use of all fossil fuels. 

The president’s comments today about the dirty Keystone XL pipeline show that he is serious about using climate impact as his yardstick for making high-profile energy decisions. We know that natural gas is a dirty, dangerous fuel that is bad for the climate. Every day the evidence of this becomes clearer. We look forward to a day when the administration sees fracked gas for what it is: a dirty, dangerous fossil fuel of the past and a threat to public health. The same yardstick for KXL must also be used with fracked gas.  

A Presidential Climate Action Plan that doubles down on clean energy cannot also continue our reliance on natural gas. Deepening investments in natural gas will hamper, not assist, transforming our energy system and tackling the daunting climate task ahead. 

Instead of looking below our feet for more oil, coal, and natural gas, it is time to set our sights above ground for wind, solar, and energy efficiency. This is the only way to keep climate-changing gases out of our atmosphere. Protecting our health and environment must be a higher priority than the profit-seeking interests of the natural gas industry.

Obama’s climate legacy is taking shape and is building momentum. Science and research clearly show that natural gas is a threat to our climate, our water and air, and our health. Yet the drilling boom has brought drilling and fracking into the backyards of too many communities that are not equipped to handle this dangerous industrial gas development and its consequences.

We urge President Obama to rethink the role of natural gas. It’s a fuel of the past, a threat to our communities and our health. It’s clearly not a climate solution. 

The President’s Climate Plan

Natural Gas is Not a Climate Solution
The president’s plan to promote fuel-switching from coal to gas for electricity production is a no-win situation for our communities being fracked or for our climate. Greenhouse gas levels are at record highs. Merely slowing the rate at which we emit greenhouse gases will not meaningfully stabilize our climate.  

Best available science shows that even with complete control and capture of methane during production and transmission, continued reliance on natural gas puts us on a trajectory towards climate disaster. The IEA’s “Golden Age” report shows that coal-to-gas switching through to 2035 puts us on an untenable climate path with a mean increase of 3.5 degree Celsius by 2060.   It’s clear that natural gas is not a climate solution; it is a trail that leads us on a path to climate destruction. It’s not a transition fuel or a bridge –- it’s a gangplank to a much warmer planet. 

Export Clean Energy Innovation, Not More Fossil Fuels
The export of liquefied natural gas (LNG) would pose even greater risk to our climate. Even if just a few of the 24 proposed LNG export terminals were authorized, we would see a significant expansion of fracking, causing substantial increases in greenhouse gas emissions. Fortunately, the administration can still prevent this harm by rejecting those LNG export proposals. If it makes this decision using climate impact as a yardstick, that is exactly what it will do.

Significant amounts of methane leak during production and transmission of natural gas. Methane is a much more potent greenhouse gas -- 72 times more potent than CO2 over a 20-year period, significantly adding to our climate crisis. In addition, the massive amount of energy required to liquefy and transport natural gas makes LNG the most carbon-intensive form of natural gas on a life-cycle basis. LNG exports thus risk worsening climate change. For all these reasons, exporting even a fraction of the gas proposed for export could seriously harm American communities and the environment.

Economically as well, exporting LNG comes with significant risks. Natural gas prices are expected to rise as demand increases, hitting record levels right as LNG export terminals come online, pushing the price up even further. Those price hikes harm tens of millions of Americans. We call on the Obama administration to thoroughly study the economic and environmental aspects of these exports. 

Developing a global market for U.S. gas is premature. We must have an open and informed national conversation to determine whether exports are truly in the public interest. We must fully understand the economic, environmental, and health impacts that increased fracking will have on our communities and our economy. Deciding whether and how to move forward with LNG exports is among the most pressing environmental and energy policy decisions facing the nation. Let’s not do this blindly.

Unfortunately, a set of free trade pacts the Obama administration is actively promoting -- the Trans-Pacific Partnership agreement and the US-EU free trade pact -- could require the United States to automatically approve all exports of U.S. fracked gas to countries in the European Union and the Asia Pacific. It is critical that our trade policy support strong climate action -- not multinational corporations who want to ship natural gas overseas, threatening our climate in the process.

* * * * *

The President’s commitment to tackling climate change is essential, yet there’s so much more to do. We must join together and demand that the oil and gas industry be held accountable for their pollution. We must close the federal exemptions the industry enjoys. We must prevent the exporting of LNG, whose climate footprint will significantly add to climate disruption. We must not allow free trade agreements drive rampant gas production in communities already affected by water and air contamination. 

We must usher in truly clean, renewable energy. We must  demand reduction of global consumptions of dirty dangerous fossil fuels including natural gas. Lace up your boots Mr. President, we must start now.