Category Archives: Uncategorized

Call on U.S. Coast Guard to require Environmental Impact Statement for frackwaste barging on Ohio River

Please write the U.S. Coast Guard to support the call for an Environmental Impact Statement (EIS) before approval of barging of liquid frack waste on the Ohio River. Attorney Terry Lodge, working with Elisa Young, has submitted a request for an EIS on behalf of Meigs Citizens Action Now. Please tell the Coast Guard that it does have legal authority to require an EIS and should do so due to the highly toxic, radioactive and vast (and unlimited) volumes of waste that will be transported and the potential impact of spills on the drinking water of millions of people. Because the contents of frack waste are highly toxic but are not regulated as hazardous due to the industry’s exemptions from regulation, the EIS is necessary so that actual potential harm can be evaluated before this potentially catastrophic decision is made.

If you write, you may wish to use the formal request and this letter for talking points.

Please address letters to Rear Admiral Roy Nash, Eighth Coast Guard District, Hale Boggs Federal Building, 500 Poydras Street, Suite 1240, New Orleans, LA 70130-3310. If e-mailing, please send to Mr. Nash’s secretary at Angela.H.Songy@uscg.mil. Please cc: Carlos Diaz <Carlos.A.Diaz@uscg.mil>, Cdr. Michael Roldan <Luis.M.Roldan@uscg.mil>, Cdr. Jeffrey Morgan <Jeffrey.R.Morgan@uscg.mil>, Richard Walter <Richard.W.Walter@uscg.mil>, Cdr. Christopher Woodle <Christopher.T.Woodle@uscg.mil>, and Cdr. Emily Saddler <Emily.C.Saddler@uscg.mil>.  

Also see Meigs CAN press release re Coast Guard and GreenHunter. Thanks to Terry and Elisa for this important work!

And more from Julie Weatherington-Rice, here, and Sasha White, here about the hazards of this waste, which is already coming into Ohio at tens of millions of gallons per year, more than is produced in Ohio itself.

US Climate Bomb is Ticking: What the Gas Industry Doesn’t Want You to Know

Truthout Wednesday, 06 March 2013 By Kevin Zeese and Margaret Flowers: 

“James Hansen’s eye-opening article, “Game Over for the Climate,” brought widespread attention to the Alberta Tar Sands in Canada as a source of carbon which, if tapped, would lead to irreversible global warming. There is another climate bomb in the United States, shale gas hydraulic fracking, which emits methane, more dangerous than CO2. While many rhetorically call natural gas a bridge to the clean energy future, new information is showing the opposite; natural gas will hasten climate change, poisons the air, land and water, and carries unacceptable risks to our health.

We spoke with experts – Cornell engineering professor Dr. Anthony Ingraffea and biologist and author Dr. Sandra Steingraber – to explore what the newest studies show and to bust common myths about gas shale hydraulic fracking. The path out of this situation is a combination of promoting sound science, ending the extraction economy and employing direct action to weaken the stranglehold of industry on the political process. It is time to end the “all of the above” energy strategy which ensures going over the climate tipping point and instead commit to a carbon-free, nuclear-free energy economy.” MORE..

Coverage of Legislator Accountability Day


 

photo credit: sandra.sleight.brennan.net

 

Akron Beacon Journal, 3-6-13:

Ohio anti-fracking activists rally today in Columbus

By BOB DOWNING Published: March 6, 2013

A press release received today from Ohio environmental groups:

Columbus, Ohio—Citizens from across the state converged on the Statehouse today to lobby for legislator support of proposed legislation that would protect Ohioans from the effects of hydraulic fracturing (fracking). Organized as part of Legislator Accountability Day, the action was sponsored by Buckeye Forest Council; Frack Free Ohio; Food & Water Watch; Center for Heath, Environment, and Justice; and Ohio Sierra Club. The groups called for a return of local municipal control over oil and gas activities, passage of emergency medical right-to-know legislation, and a ban on injection wells used for fracking waste.
The groups pressured Governor Kasich and lawmakers to act on key pieces of legislation related to fracking, including an upcoming bill that bans fracking waste from being injected underground. Ohio has quickly become a dumping ground for toxic fracking waste, which has been found to contain carcinogenic and radioactive ingredients. Ohio citizens are asking lawmakers to co-sponsor and move upcoming legislation that would ban oil and gas liquid waste from being injected underground, spread on Ohio roadways and discharged from treatment plants into Ohio’s waterways.
Food & Water Watch, Cinubluegreen and CREDO Action delivered over 5,000 petitions to Governor Kasich’s office asking for a ban on fracking and injection wells used for fracking waste.
Athens County resident and activist Madeline ffitch said, “With many new injection wells being permitted in our communities and a new large-scale frack waste transfer facility in New Matamoras poised to accept frack waste barged down the Ohio River, Appalachian Ohio is on the front lines of the oil and gas Industry’s assault on rural communities. State regulators ignore us, out-of-state industry seeks to prey on us. But we who live in the beautiful hills and valleys of Southeast Ohio are standing up and saying ‘no.’ We are building a strong coalition of farmers, landowners, nurses, business owners, teachers, families and other rural community members. Appalachian Ohio is proud to send a strong message to industry: We will use every available strategy, including direct action, to stop our communities from being turned into environmental sacrifice zones.”
Further, citizens are calling for amendments to Governor Kasich’s budget bill to cut language that would allow hazardous and radioactive waste to be disposed of in any landfill in the state. The changes to regulating radioactive waste from fracking proposed in the Governor’s budget represent an unprecedented increase in the allowance of radiation buried in landfills not equipped to handle the material.
“Just like last year’s energy bill was a handout to the oil and gas industry, the Governor is using this year’s budget bill to issue more handouts,” said Alison Auciello, of Food & Water Watch. “This time, it’s an unprecedented move to allow fracking’s radioactive waste to go into any landfill in the state. This is a dangerous prospect, sure to leave a toxic legacy, and should immediately be removed from the Governor’s budget bill.”
Last year, Ohio passed a law preventing doctors, nurses, firefighters, EMS, police and hazmat teams from quickly obtaining life-saving information in emergencies, limiting how they can use information if they do receive it. Senate Bill 17 and House Bill 42 would give medical professionals and emergency responders complete access to chemical information and make the oil and gas industry play by the same emergency planning rules as other industries in Ohio.
Ohio physician Deborah Cowden asserted, “If I don’t know all the chemicals on the pad, I can’t treat patients adequately. Emergency responders and firefighters are at severe risk unless we know what chemicals are on the pad and where on the pad each chemical is located.”
Several communities across Ohio have passed resolutions calling for a return of local control over oil and gas activities, as they currently have over other industries, restoring authority that was taken away with legislation passed in 2004. House Bill 41 would restore local control, allowing local municipalities to decide whether and where fracking would take place in their community.
“My hometown of Mansfield, Ohio was targeted by a Texas corporation and the Ohio Department of Natural Resources as a site for high volume, high pressure toxic fracking waste injection,” said Bill Baker of Frack Free Ohio. “Millions of gallons of toxic waste from fracking wells were to be forced into a hole in the ground with little accountability. The Ohio Department of Natural Resources is far from accountable, continually permitting wells near residential areas, watersheds, near other orphaned drill sites and on fault lines. If the residents of Mansfield had not spoken out and worked with our Law Director and City Council to stop the injection wells, we would now be receiving vast volumes of unregulated, ultra-hazardous waste at the expense of our community and for the profit of a Texas oil man.”
Echoing Baker’s sentiment that ODNR isn’t protecting Ohioans was Susie Beiersdorfer, geologist and co-founder of the Frackfree America National Coalition based in Youngstown, “The citizens of Youngstown have first-hand experience wanting local control over the oil and gas industry. We have endured earthquakes from toxic brine injection and more recently, the illegal dumping of toxic oil and gas waste into our Mahoning River, allegedly by a company owned by Ben Lupo, who also operated the injection well responsible for the earthquakes. Ben Lupo had a previous record of over 149 violations issued by the Pennsylvania Department of Environmental Protection, 16 of which stemmed from illegal discharges into waterways, according to the Youngstown VIndicator. We no longer trust the state to solely protect our public health and safety.”

Citizens’ petition delivered to Ohio Attorney General to revoke Lupo business charters

A petition was delivered today by Greg Coleridge, of NE Ohio American Friends Service Committee, on behalf of close to 400 Ohio residents, to Ohio Attorney General Mike Dewine calling for revocation of corporate charters associated with Ben Lupo. Lupo has been indicted on charges of violating the federal Clean Water Act for intentionally dumping as much as 250,000 gallons of toxic radioactive frack waste into a storm drain accessing a tributary of the Mahoning River he was caught at the end of January.  An introductory letter written to several State Representatives states, “The attached petition calls on Attorney General DeWine to respond not with a fine or revocation of a permit, but a revocation of his corporate charter(s) — a common response used by our forebears in Ohio in response to corporations acting beyond their authority as defined in their corporate charters. Quo warranto proceedings were once used routinely  as a democratic tool by Ohio  legislatures and courts to affirm the sovereign power of We the People over  corporate, which are, after all, creations of government.  The petition to Attorney General Mike DeWine is offered in the spirit of affirming that We the People and our elected representatives possess and should utilize this democratic tool to ensure that corporations are ultimately subordinate to us. It is also a legal means for elected officials and the courts to protect the health, safety and welfare of citizens. Please consider urging the AG to initiate such proceedings.”

The petition reads:

Petitioning Ohio Attorney General Mike DeWine

Ohio Attorney General Mike DeWine: Revoke the Charters of Corporations Connected to Ben Lupo

Corporations should serve the public good. They receive their charter (or license to exist) from the government, which grants them certain privileges and powers. Corporations who break the law and do so with intent should not simply be fined, but have their charters revoked or terminated. Revoking corporate charters and dissolving corporations reinforces the reality that We the People are in charge of our own legal creations. It also will serve as a deterrent to others connected to corporations who feel they can act unlawfully, yet be protected by the corporate legal shield.

Whereas, quo warranto is a legal proceeding challenging the continued right of an individual or corporation to possess governmental privilege, be it an office in the case of an individual or charter in the case of a corporation; and

Whereas, the people of the state of Ohio possess the right and authority to call on the Ohio Attorney General to initiative a quo warranto action which would terminate a corporate charter if that corporation has broken the law and/or misused its corporate franchise, privilege or right conferred upon it by law; and

Whereas, initiating a quo warranto legal proceeding which may lead to the termination of a corporate charter represents the fundamental democratic principle that corporations are creations of the state through the corporate charter and beholden to serving the public interest; and

Whereas, Ben Lupo, d/b/a one or more of as many as 20 corporate fronts, apparently instructed his employees to dump as much as 250,000 gallons of waste materials from unconventional horizontal hydraulic fracturing into the City of Youngstown’s storm sewer system, knowing or having reason to know that the system was connected ultimately and directly to the Mahoning River; and Whereas, such fracking waste material likely contained measurable levels of benzene, heavy metals, radium-226 and -228, which are prohibited from such method of disposal; and

Whereas, the dumping was in no way an accident or merely negligent occurrence, but was deliberate and intentional; and

Whereas, the citation record of one or more of Lupo’s corporations indicates a deliberate and continuing intention to pollute with indifference to the consequences of polluting acts upon farmland, public water supplies and human health and well-being; and Whereas, a system of civil or criminal fines and sanctions is a piecemeal and unsatisfactory means of attempting to correct misbehavior by entities whose purpose for existing is to extract maximum profit by the quickest and dirtiest means available; and Whereas, that the act of intentional pollution by disposing of toxic materials into a public waterway, from whence the polluter knows or should know that drinking water supplies for human beings are drawn constitutes a felonious and dangerous assault on the public health and safety; and

Whereas, such misconduct is habitual and recurring through one or of Ben Lupo’s corporations.

NOW THEREFORE BE IT RESOLVED BY THE UNDERSIGNED PETITIONERS:

1) That it is in the public interest that the corporate existences of all corporate entities directly or indirectly under the control of Ben Lupo, which pose an imminent and continuing threat to the public health and safety of the citizens of Ohio, be permanently terminated; and

2) The undersigned Petitioners do instruct the Attorney-General of the State of Ohio to initiate and prosecute charges in quo warranto to cause the permanent termination of all entities controlled directly or indirectly by Ben Lupo which are incorporated under the laws of the State of Ohio, and to cause the permanent suspension registrations of any corporate entities controlled directly or indirectly by Ben Lupo which are incorporated outside of Ohio; and

3) That the assets of all of Ben Lupo’s corporations, and his personal assets all be attached and seized and applied to remedy his acts of intentional pollution and endangering the public health and safety. 

 

Citizen complaint filed with USEPA: Ohio in violation of federal law

March 5, Columbus, Ohio A petition to USEPA was filed by Teresa Mills of Grove City, Ohio, on behalf of herself and all residents across the State of Ohio. The petition requests that the United States Environmental Protection Agency take action to avoid imminent public harm and to protect the public right-to-know arising from actions taken by the State of Ohio that are clearly unconstitutional under the Federal Supremacy Clause for violating the Emergency Planning and Community Right-to-Know Act of 1986 (“EPCRA”), Pub. L. No. 99-499, Title III, 100 Stat. 1728 (1986).

According to the petition, Ohio has been in violation of EPCRA since 2001 without any response to date from the federal government. That violation was first created by the passage of House Bill 94, followed by the adoption of Ohio Revised Code (ORC) §3750.081 in September, 2001, which essentially exempts the oil and gas industry operating in this state from EPCRA requirements that facilities annually file emergency planning inventory forms with state and local emergency planning authorities. The violation was further compounded by passage of SB 315 in 2012, followed by the adoption of ORC Section §1509.10 (H) and (I), which divert trade secret determination authority from U.S. EPA and unduly restrict citizens’ ability to challenge trade secret claims.

The law establishes requirements for federal, state and local governments, Indian tribes, and industry for emergency planning and “Community Right-to-Know” reporting relating to hazardous and toxic chemicals and chemical spills.  The Community Right-to-Know provisions help increase the public’s knowledge and access to information on chemicals at individual facilities, their uses, and releases into the environment.[1]

Congress passed EPCRA in response to the Bhopal, India disaster, in which an industrial release exposed more than 500,000 people to toxic gas and killed thousands.

“EPCRA’s provisions do not grant authority to states to alter any EPCRA requirements,” said Mills, of the Center for Health, Environment and Justice and Buckeye Forest Council. “Citizens have asked for the right to know and have been ignored,” she stated.

Cheryl Johncox, Executive Director of Buckeye Forest Council, said, “The Council is in full support of the petition.  This is not a partisan issue; it is a citizen safety issue.  Laws were passed to strip notification requirements under both Democratic and Republican administrations.  First Responders need to know what they are dealing with in case of an emergency.”

Heather Cantino, member of Athens County Fracking Action Network, explained, “The Ohio legislature has given the oil and gas industry preemptions from laws that all other industries have to follow. By exempting this industry from the Emergency Planning and Community Right-to-Know Act, Ohio legislators have enabled information about hazardous chemicals to be withheld not only from emergency planners, firefighters and hazmat teams, but also from doctors, nurses and EMTs.” Cantino concluded, “Thanks to Teresa Mills, Center for Health, Environment, and Justice, and Buckeye Forest Council for taking action against our rogue state government. It must be held accountable for serving corporate oil and gas interests at the expense of Ohioans’ health and welfare. Our state government is not doing its duty to serve the public and safeguard the public’s welfare. We look to the federal government to act.”

Coverage on NBC4, Columbus


[1] US EPA – Emergency Planning and Community Right- to- Know Act Overview.- epa.gov/osweroe1/content/lawsregs/epcraover.htm

Legislator Accountability Day March 6: Ohio is Not for S(h)ale

Citizens call for local control, Emergency Medical Right-to-know, and ban of toxic radioactive liquid waste disposal

Madeline ffitch, of Athens County and Appalachia Resist!, will be among speakers Wednesday, March 6, when citizens from Athens County and across the state converge on the Statehouse to lobby legislators on proposed fracking legislation. Members of Athens County Fracking Action Network will also attend Legislator Accountability Day, sponsored by Buckeye Forest Council; Frack Free Ohio; Food & Water Watch; Center for Heath, Environment, and Justice; Ohio Citizen Action and Ohio Sierra Club. The groups are calling for a return of local municipal control over oil and gas activities, emergency medical right-to-know and a ban on liquid waste resulting from fracking.  Meetings have been scheduled with Lou Gentile and other representatives.

The lobby day begins at the Ohio Theater at 10:00 a.m., with lawmaker meetings scheduled throughout the day.  Citizens will rally on the Statehouse lawn at 1:00 p.m., where speakers will address the most pressing issues related to fracking in Ohio. Speakers will include rally Susie Beiersdorfer, geologist, Youngstown State University; Madeline ffitch, Athens area activist; and Carolyn Harding of Cinublue Productions. The day will culminate with a petition delivery to Governor Kasich’s office at 2:30 p.m.

WHO: Citizen groups; Buckeye Forest Council; Frack Free Ohio; Food & Water Watch; Center for Heath, Environment, and Justice; Ohio Citizen Action; Ohio Sierra Club

WHAT: Legislator Accountability Day, lobby meetings, rally, petition delivery

WHEN:

10:00 a.m.-1:00 p.m.: lobbying workshop and lawmaker meetings

1:00 p.m.: rally

2:30 p.m.: petition delivery

WHERE: Galbreath Pavilion, Room #1, Ohio Theater, 39 E. State St. (http://bit.ly/YwoDSB) for training; Ohio Statehouse for lawmaker meetings and rally; Governor Kasich’s office at Riffe Center (http://bit.ly/15NET6Z) for petition delivery

WHY: Citizens and environmental groups are calling on state lawmakers and the Governor to act on key pieces of fracking legislation:

  • Ohio has quickly become a dumping ground for toxic fracking waste, which has been found to be carcinogenic and radioactive. Injection wells are known to leak. A ProPublica review of well records, case histories and government summaries of more than 220,000 well inspections found that structural failures inside injection wells are routine. From late 2007 to late 2010, one well integrity violation was issued for every six deep injection wells examined. Ohio citizens are asking lawmakers to co-sponsor and move upcoming legislation that would ban oil and gas liquid waste from being injected underground, spread on Ohio roadways, and discharged from treatment plants into Ohio’s waterways.
  • Ohio law prevents doctors, nurses, firefighters, EMS, police and hazmat teams from getting life-saving information quickly in emergencies and limits how they can use information if they do receive it. Senate Bill 17 and House Bill 42 would give medical professionals and emergency responders complete access to chemical information and make the oil and gas industry play by the same emergency planning rules as other industries in Ohio.
  • Communities across Ohio have been calling for a return of local control over oil and gas activities, restoring the authority that was taken away in 2004. House Bill 41 would restore local control, allowing local municipalities to decide whether and where fracking could be in their community. 

JOIN US!

Write State Senator Lou Gentile today

Please write to State Senator Lou Gentile and tell him that you as a citizen want Class II injection wells, which receive hazardous waste from fracking wells, to be banned in Ohio. Your letter will be hand delivered to the Senator on Wed., March 6, when a group of Athens County folks meet with him. Individuals and groups from around the state are meeting in Columbus to protest injection wells, lack of local control regarding fracking and injection wells, and medical right to know. Check out nofrackohio.com and buckeyeforestcouncil.org for more info on March 6 event: Ohio is Not for S(h)ale Legislator Accountability Day rally and march. Please write a short letter for us to take to Sen. Gentile if you can’t join us. Send to acfanohio@gmail.com by 9 a.m. Wed. or send on your own but let us know you have. Thanks!

Some points to choose from or write your own:

• Waste from fracked wells, commonly called “brine,” is actually toxic waste laden with radioactivity and carcinogens.

• Many hundreds of chemicals that would be considered hazardous waste when used by any other industry are not disclosed to the public due to exemptions from federal and state laws (the Halliburton Loophole exempting the industry from the Safe Drinking Water Act and Community Right-to-Know laws, among others).

• Ohio accepts tens of millions of gallons of waste from fracked wells in Pennsylvania and West Virginia each year. It is hauled on our county roads by drivers who don’t even know they’re carrying highly toxic radioactive waste. Truck accidents and consequent spills are common in the oil and gas industry. We do not get to know what is in this waste!

• Injection wells are basically tubes of concrete and steel with openings at the bottom (and who knows where else). Concrete and steel deteriorate in a matter of decades, especially under highly corrosive conditions. There are no monitoring wells around Class II wells to determine migration of waste. (Class I wells are Hazardous Waste injection wells with stricter regulation, including monitoring wells to find waste migration.)

• Injection wells are known to leak. A ProPublica review of well records, case histories and government summaries of more than 220,000 well inspections found that structural failures inside injection wells are routine. From late 2007 to late 2010, one well integrity violation was issued for every six deep injection wells examined

• Citizens have NO input on the injection well permit process. It is often a challenge to even know if there is a permit application submitted to ODNR. We are denied the right of a public hearing to express concerns.

• Injection Wells have caused earthquakes (Youngstown, Marietta, Oklahoma—the largest earthquake ever recorded in OK has been linked to injection wells.)

• Mechanical Integrity tests are only required to be done every 5 years on Class II Injection Wells. If a leak is discovered it may have been leaking for some time. Operators with long histories of serious violations are allowed to continue operating in Ohio with infrequent and insignificant penalties.

Please address letter to Sen. Lou Gentile, Senate Building, 1 Capitol Square, Ground Floor, Columbus, OH 43215 (614) 466-6508 Web e-mail form if you’d prefer to e-mail directly.  Please let us know you have: acfanohio@gmail.com. Thank you!

Three powerful perspectives on fracking

Were it an experiment, fracking would be rejectedan essay by Nicolas Cohen, professor emeritus of Immunology and Microbiology and of Psychiatry, U. of Rochester Medical Center 

Gorgeous photos of a backyard wilderness worth savingTed Talk by Wade Davis

Book Review by Reverend Leah Schade of Fracking Pennsylvania, Flirting with Disasterwhich sounds relevant to all of us.  From the review:

“The whole fracking-game reminds me of taking my children to a carnival where the bright lights and games of chance beckon them to spend their allowance to win a fabulous prize. They see a handful of people walking around with big stuffed animals and rationalize that they, too, can enjoy such rewards. But the grown-ups know that it’s all a racket. For every ‘winner,’ there are hundreds of people who were duped, who spent great sums of money and received no prize. And those who do walk away with the big stuffed bunny get home to find the seams loose and limbs falling off—proof of how cheaply made and worthless the prize truly was. In the same way, for every ‘winner’ in the frack-racket, there are hundreds who were duped, who received no big pay-off from the industry, whose well-paying job dissolved when the company pulled out and moved, and who found their well poisoned, their health destroyed and their communities ruined. Brasch is one of the grown-ups who is trying to tell us the truth about this racket and reveal the ugly underside of fracking-roulette.” More…