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Federal Court Reinstates Roadless Rule


Photo by Jeff Vanuga

The 10th U.S. Circuit Court of Appeals issued a long-awaited decision today that secures protections for nearly 50 million acres of beloved, backcountry National Forest lands in Wyoming and throughout the nation.

This landmark ruling reverses a lower court decision and it upholds the 2001 Roadless Area Conservation Rule, which prohibits new road construction in special backcountry landscapes on National Forests.

The rule had been challenged by the state of Wyoming and the Colorado Mining Association.

Today’s decision ends an injunction against the Roadless Rule’s enforcement that had been imposed by a Wyoming federal district court in 2008.

“The people of Wyoming love the outdoors — we’re hunters, anglers, hikers, and campers — and roadless areas give us some of the best backcountry recreation anywhere,” said Lisa McGee of the Wyoming Outdoor Council. “This decision ensures that some of our favorite backcountry places are going to stay the way they are.”

Media contact: Lisa McGee, National Forests and Parks program director, lisa@wyomingoutdoorcouncil.org or 307-413-2790

Winners of the Wyoming Outdoor Council calendar photo contest

Sinks Canyon Golden Eagle
This photo of a Golden Eagle in Sinks Canyon, by Scott Copeland, is among the winners and will appear in the our 2012 calendar.

 

Thirteen different photographers have had their images chosen for inclusion in the Wyoming Outdoor Council’s 2012 calendar.

Thanks to everyone who submitted photographs this year. The quality of the entries—from professional photographers and gifted amateur shooters alike—was spectacular.

We received a record number of stunning shots of Wyoming landscapes, wildlife, and people enjoying the great outdoors.

All Wyoming Outdoor Council members and winning photographers will be receiving the 2012 calendar in the mail in late November.

The winners are listed below. Two of the winning photographers had multiple images chosen.

Congratulations to all!

Winning photographers whose images were chosen for large featured photos:

Greg Aitkenhead
Julena Campbell
Scott Copeland (4)
Kate Fox
Jeff Martinelli
Chris Merrill
Charles Stirum/Carbon County Museum (2)
Jeff Vanuga

Winning photographers whose images were chosen for smaller inset photos:

Aileen Brew
Scott Copeland (5)
Julia Corbett
Shelley Ellis
Larry W Hazlett
Chris Merrill
Carolyn Schroth

Hydraulic fracturing: what we’d like to achieve

By Steve Jones

OVER THE PAST DECADE, HYDRAULIC FRACTURING, OR “FRACKING,” HAS BECOME PERVASIVE in Wyoming. These days virtually all new oil and gas wells are fracked.

The University of Wyoming hosted a forum in September on the practice of hydraulic fracturing in order to explore, in a public way, the technical and environmental issues related to this technology and its widespread use.

The two-day conference in Laramie featured industry representatives, state and federal agency regulatory officials, landowners, and representatives of environmental groups, among others. The Wyoming Outdoor Council was part of the steering committee that helped plan the forum and its agenda.

While the outcome of the forum is yet to be seen, one consensus conclusion did seem to emerge from the conference: certain best practices, such as baseline water testing, should be required of all drillers and operators.

In the spirit of furthering this conversation, I’d like to highlight some basic requirements that the Wyoming Outdoor Council would like to achieve in order to protect drinking water and surface water.

Making hydraulic fracturing safer and less likely to harm people and the environment should be the goal of industry, regulators, and environmentalists alike.

First, a little background.

What Is Hydraulic Fracturing?

Simply put, hydraulic fracturing is a drilling technique used to release oil and gas from hard rock formations.

It involves creating fissures in the rock by pumping large amounts of water and chemicals (known as “fracking fluids”) under very high pressure down a wellbore into the ground. This high-pressure liquid mix also includes what the industry calls a “proppant,” usually referred to as “sand,” which stays in the newly created fissures and “props” them open so the gas can flow.

Among the chemicals and additives that can be found in fracking fluids are biocides to kill bacteria; anti-corrosion agents; gelling additives; polymers, various alcohols; various acids; and many other things—some of them toxic and some that are known to be carcinogenic.

In 2010 the Wyoming Oil and Gas Conservation Commission approved a groundbreaking measure to require companies to disclose the chemicals they use in the fracking process.

We supported and worked to strengthen this measure because it is our position that citizens, medical professionals, and regulators need full disclosure of the chemicals used in hydraulic fracturing in order to make sound decisions about how to manage this potentially dangerous industrial activity.

How might water contamination happen?

If aquifers were to be contaminated by the hydraulic fracturing process it seems more likely that the contamination would occur as a result of a mishandling of the fluids on the surface or because of a problem with a well casing at or near the surface—rather than from a migration of the fracking fluids from deep underground.

Another potential way that aquifers could be contaminated by the hydraulic fracturing process is if new fissures or pathways are created for the methane (rather than the fracking fluids) to travel up to the aquifer.

If gas wells are not properly cased or if water wells in the vicinity are not properly cased—or if unused wells are not properly plugged and abandoned—drillers could unintentionally contaminate an aquifer with methane released during the hydraulic fracturing process.

Old technology, suddenly pervasive

Hydraulic fracturing has been around for decades. But there have been advances in the technology, the process, and the chemical formulae.

This—coupled with the fact that most, if not all, of the domestic oil and gas that was “easy” to get out of the ground has already been brought up and burned—has led to a scenario where virtually all of the new oil and gas wells drilled in Wyoming are fracked.

Water Contamination Is Not the Only Issue

Fracking poses both documented and potential risks to surface water and drinking water.

As recent scientific studies have linked hydraulic fracturing to water contamination, fracking has become a hot-button issue and a controversial practice in communities throughout the United States.

But it is also important to be aware that the process of hydraulic fracturing uses, and can permanently taint, enormous amounts of water. A “frack job” on a given oil and gas well in Wyoming, for example, usually consumes 1 to 2 million gallons of water per well.

So we are witnessing a new and significant use of Wyoming’s groundwater resources. A use that could reach into the hundreds of billions of gallons in the coming years.

What we’d like to achieve

Here are some basic best practices that the Wyoming Outdoor Council asserts should be the law of the land for drillers and operators in Wyoming:

    • Require that hydraulic fracturing operations are set back at least 1/2 mile to 1 mile from groundwater wells and houses.
    • Require what’s called “pitless fracking,” where all fracturing fluids must be stored in tanks, rather than in open pits on the surface. The fluids would then have to be removed from the site, recycled, or reused.
    • Require baseline water testing of streams, rivers, lakes, springs, and groundwater wells located within a mile radius of the drill pad site—prior to the drilling operation. And require follow-up testing after the frack job.
    • Require better well integrity standards for both the wells used to do the fracturing and—importantly—all other wells in the vicinity of the drilling operations.
    • Properly plug abandoned wells in the vicinity of the hydraulic fracturing job. Old wells and improperly abandoned wells can serve as unintended conduits for methane and fluids released during a frack job.
    • Regulate all injections of hydraulic fracturing fluids under the Safe Drinking Water Act, which is designed to protect underground sources of drinking water.

Steve Jones, watershed protection program attorney, Wyoming Outdoor Council, can be reached at 307-332-7031 x12 or steve@wyomingoutdoorcouncil.org

Our water quality program works to safeguard Wyoming’s clean rivers and streams, lakes, and underground aquifers. We believe a balanced approach to energy development and production must include basic protections for Wyoming’s waterways and drinking water.

Other posts you might want to see:

UW hydraulic fracturing forum benefited from public involvement

NYT: Fracking has contaminated drinking water

NPR: Worries over water as fracking becomes pervasive

Fracking linked to water contamination

Fracking not as safe as industry claims

‘I asked them for the data and they wouldn’t share it’

 

 

UW hydraulic fracturing forum benefited from public involvement


EPA whistleblower Wes Wilson asks a question during the University of Wyoming’s forum on hydraulic fracturing in September.

By Laurie Milford

The University of Wyoming hosted a forum in September with the purpose of exploring the technical and environmental issues related to hydraulic fracturing and its associated activities.

The two-day conference in Laramie was successful in that 400 people attended and exchanged ideas about how to manage this high-tech and high-risk drilling tool.

Overall, it was a good discussion. Steve Jones and I from the staff of the Wyoming Outdoor Council were on the steering committee that planned this forum. Working with our colleague from the Natural Resources Defense Council, Amy Mall, we helped to secure these speakers:

Robert Field, associate research scientist with the UW Department of Atmospheric Science, who presented on ozone pollution in Pinedale;
Pat O’Toole, a rancher from Savory, Wyoming, who has oil and gas development on his property and BLM grazing allotments;
Deb Thomas, organizer for the Powder River Basin Resource Council, who presented on the ways drilling has affected people in Clark and Pavillion, Wyoming;
David Burnett, with the Department of Petroleum Engineering at Texas A&M University, who presented on best practices;
Ann Maest of Stratus Consulting, who presented on “flowback” and produced water; and
Brianna Mordick, science fellow and geologist at the Natural Resources Defense Council, with six years of experience working for Anadarko Petroleum Corp.

They were all excellent.

Our role in the forum

As the steering committee planned the event this summer, it fell to the environmental groups on the committee to ensure that discussions of water- and air-quality concerns, best management practices, the EPA investigation into water contamination in Pavillion, and landowner issues were included on the agenda.

This steering committee process was a clear example, for me, of the essential role nongovernmental organizations play in representing the interests of the public.

The university plans to publish a summary report in December. In the meantime, you can view videos of the proceedings and see the presenters’ slideshows on the website of the School of Energy Resources by clicking here. (If you have trouble viewing these videos you might need to install Microsoft Silverlight.)

Many thanks to both the University of Wyoming School of Energy Resources and the Ruckelshaus Institute of Environment and Natural Resources for hosting the forum and for including Steve and me on the steering committee.

Laurie Milford, executive director of the Wyoming Outdoor Council, can be reached at laurie@wyomingoutdoorcouncil.org, or at 307-721-7610

Other posts you might want to see:

NYT: Fracking has contaminated drinking water

NPR: Worries over water as fracking becomes pervasive

Fracking linked to water contamination

Fracking not as safe as industry claims

‘I asked them for the data and they wouldn’t share it’

 

 

WyoFile: Ozone Dilemma continues in Pinedale

Ozone Dilemma: Wyoming governor, industry won't promise an ozone-free Pinedale

Work to reduce ozone pollution has not hurt employment but has added jobs in Pinedale: Industry spokesman

Earlier this year, the ozone level in Wyoming’s once pristine Upper Green River Basin spiked beyond Los Angeles’ worst smog day. Thirteen high-ozone events this past winter from oil and gas activities in the region resulted in 10 state-issued warnings to remain indoors.

Yet Wyoming’s governor and the oil and gas industry welcomed President Barack Obama’s decision last week to abandon the U.S. Environmental Protection Agency’s proposed 60-70 parts per billion ozone standard (compared to the current 75 ppb standard) to protect human health. And they say they can’t guarantee they will cut emissions in the Upper Green River Basin far enough to result in zero wintertime ozone spikes.

“I don’t know that we can ever say, ‘no ozone spikes,’ because I don’t know that, based upon where we are, that everyone understands all that goes into an ozone spike,” Gov. Matt Mead said during a press conference in Casper on Thursday.

The Upper Green River Basin may be particularly prone to ozone spikes when industrial emissions are introduced. But human health and environmental advocates say that’s no excuse to not do everything it takes to prevent dangerous ozone spikes.

“NAAQS (National Ambient Air Quality Standards) are legally binding standards in all areas that are outdoors — ‘ambient’ air. That an area faces issues related to geography, weather patterns, etc., does not change the standard that is applicable and that must be achieved,” Wyoming Outdoor Council’s Bruce Pendery told WyoFile via email.

Wyoming’s O-Zone

When there’s a wintertime temperature inversion, volatile organic compounds (VOCs) from natural gas facilities and nitrogen oxides (NOx) from tailpipe emissions are suspended low in the Upper Green River Basin valley — along with smoke from wood-burning stoves and other background pollution. When the valley is blanketed in snow, the VOCs and NOx are exposed to direct sunlight and light reflected from snow, causing a photochemical reaction that creates ground-level ozone — a serious human health threat.

These wintertime ozone spikes began occurring in 2005, and continued in 2006 and 2008. The Wyoming Department of Environmental Quality began working closely with Jonah field operator EnCana Oil & Gas USA, and with Pinedale Anticline operators Shell, Ultra Petroleum and QEP Resources Co. Throughout Sublette County, VOC emissions were reduced 20 percent, and NOx decreased 25 percent, from 2008 levels.

For two winters — 2009 and 2010 — the efforts seemed to work because there were no ozone spikes measured. But the emission reductions still were not enough to avoid 13 ozone spikes this past winter.

“We don’t want to hear, in Sublette County, that there’s ozone problems,” Mead said on Thursday. “And we saw this year, obviously, because of the conditions, we’re not where we want to be.”

Who’s To Blame? Industry Or Mother Nature?

The question now is, how far will the state go to remedy the ozone problem? Even if EnCana, Shell, Ultra Petroleum and QEP Energy Co. reduce their emissions to maintain an average ozone concentration below 75 ppb, or even 60 ppb, many believe ozone could still spike into the L.A.-levels of over 100 ppb on occasion.

“That could result in ozone spikes. Realistically, that’s true, based on the ozone standard,” Shell spokeswoman Darci Sinclair told WyoFile.

To determine whether a region is in “attainment” of the ozone standard, the fourth-highest daily ozone level from each year is averaged over three years. Based on continuous air quality data collected in 2009, 2010 and the first two quarters of 2011, Sublette County’s official ozone level is 79 ppb, according to Wyoming DEQ.

That’s four points above the 75 ppb standard which EPA administrator Lisa Jackson called legally “indefensible.”

What concerns some residents and human health advocates is that Gov. Mead often suggests there are sources other than oil and gas activities that contribute significantly to the ozone problem.

“To say there can be no ozone spikes suggests that the only thing contributing to emissions is oil and gas, and I don’t think that’s correct,” Mead said during the Thursday press conference. “Those that I’ve talked to at DEQ have said that there’s no question oil and gas contributes to that. But there’s other emitters of VOCs and NOx besides oil and gas. For example, a vehicle. Not everyone that drives a vehicle in Sublette County works for oil and gas.”

Others have suggested that smog and smog-causing pollution blows into the valley from Utah, Idaho and from Interstate 80 from the south. How much should the Upper Green River Basin’s topographic and atmospheric conditions factor in determining whether the industry is doing its fair share to prevent ozone spikes?

So far, there’s no proof that transient pollution contributes to the ozone events measured in the Upper Green River Basin.

In a March 2009 Technical Support Document, Wyoming DEQ wrote, “Section 7 demonstrates that sources outside the recommended non-attainment area would not have a significant impact on the Boulder monitor due to the presence of an inversion and very low wind speeds, which significantly limit precursor and ozone transport from sources located outside of the UGRB.”

The report goes on to say that Sublette County’s population density is only two people per square mile, and that Interstate 80 is located 80 miles south of the Boulder air quality monitoring station. The report states: “Analysis demonstrates that I-80 traffic is not considered to be a significant contributor of emissions that impact the Boulder monitor during ozone events.”

Richard Garrett of the Wyoming Outdoor Council said DEQ’s analysis is based on many years of air quality monitoring and a tremendous volume of data, and it hasn’t been openly challenged by other scientists.

“From our perspective, vague references to precursor occurrence from outside sources (like Salt Lake City) only serve to confuse the issue rather than solve it. People have legitimate concerns and those should not be minimized by widely held misperceptions,” Garrett told WyoFile via email.

How Far Must Regulation Go?

Just how far the state and federal government will go to resolve the region’s ozone pollution will play out in a new environmental impact statement (EIS) being prepared for EnCana’s proposed 3,500-well “Normally Pressured Lance” project, which will surround most of the Jonah field.

Industry remains adamant that it can continue to reduce ozone-causing emissions in the region, but still insists that federal approval is only required to disclose potential environmental quality impacts — not to fully avoid impacts, including ozone spikes.

“We are focused on reducing emissions. That is our goal, to reduce emissions. We’re pretty single-minded about that,” EnCana spokesman Randy Teeuwen told WyoFile earlier this week.

Meanwhile, human health and environmental advocates say that this time around government officials don’t have to guess at what the environmental impacts of large-scale natural gas development might be in the region. They now have years of solid evidence and measurable impacts. The Wyoming Outdoor Council’s Bruce Pendery said the U.S. Bureau of Land Management and other federal agencies involved in crafting a National Environmental Policy Act document (an EIS, in this case), by federal law, may not approve of an action known to lead to a violation of federal environmental standards.

“National Ambient Air Quality Standards are not set based on how hard or even impossible it might be to achieve them. They are set strictly based on what the science shows is necessary to protect public health,” said Pendery.

Those assertions are mostly correct, said Steve Dietrich, Wyoming DEQ air quality administrator. But, “The way they (federal agencies) try to address that is through mitigation efforts.”

In other words, even if an action — a proposed drilling expansion, for example — is likely to lead to a violation of the NAAQS, it won’t necessarily prevent the BLM from approving the action. But, Dietrich said, it does require a “mitigation” plan based on some very detailed modeling, and must attempt to avoid a violation of the NAAQS.

So, whether or not Pinedale area residents can expect occasional ozone warnings for the next 15-20 years is a question still blowing in the wind.

Pendery agreed there has to be some flexibility. “But the ‘target’ should be based on what the science shows is necessary for the protection of the public health,” he said.

Ultra Petroleum spokeswoman Cally McKee told WyoFile that any federal environmental impact statement (EIS) and record of decision (ROD) that guide oil and gas activities are disclosure documents — not a contract stating there will be no negative environmental impacts.

“You don’t develop a natural gas field without having some level of impact,” said McKee.

Kathleen Sgamma of the oil and gas lobbing group, Western Energy Alliance, told WyoFile, “If at sometime the ozone standard is reduced in the future, then it is encumbent upon the state and EPA to be in compliance with the new standard. … It’s not like an EIS has so solve all problems today and into the future.”

Teeuwen said the industry has spent millions of dollars to lower emissions in the region, by consolidating facilities, using low-emission engines and other technologies. He said the success of the industry should be measured in those emission reductions.

“What we’re looking for is total overall reductions,” Teeuwen said. “You have to look at total overall reductions.”

Teeuwen has also said companies should get some kind of credit in the regulatory realm for those emission reductions, but he objected to WyoFile’s past description of the idea as “cap-and-trade.”

“We are not trying to buy time for a cap-and-trade (program),” Teeuwen said. “This is important stuff. We’re trying to get it right. There’s too much at stake to get it wrong.”

Costs/Benefits of Cleaner Air

When he punted on the new ozone standard earlier this month, President Barack Obama (Democrat) said he did it for fear that meeting the lower threshold would further dampen the nation’s struggling economy. The estimated $90 billion cost to implement the recommended 60-70 ppb ozone standard could be a drag on the economy despite an estimated annual $37 billion in benefits from avoided health care costs in the short- and long-term, according to the president.

In response to the president’s decision, Wyoming Rep. Cynthia Lummis (Republican) issued this statement: “President Obama’s move to withdraw the EPA’s proposed ozone regulations prevented the loss of millions of American jobs and saved job creators all over the country from taking a significant financial hit.”

Some Wyoming leaders have suggested the lower ozone standard would also be a “job killer” in Wyoming where the oil and gas industry isn’t even meeting the old standard in the Upper Green River Basin.

But that’s not necessarily the case in Wyoming.

Asked whether any jobs have been lost in its efforts to lower ozone-causing emissions in the Jonah gas field, EnCana Oil & Gas spokesman Randy Teeuwen said, “This one is easy. No jobs lost. We added five people in (J)onah over the past three years to do inspection and maintenance at all locations. Their jobs are to find leaks and fix them. One benefit is that it keeps gas in the pipeline for market where it belongs.”

Other Wyoming operators admit they’ve seen a financial advantage to cleaning up their emissions. Devon Energy, for example, hired Verdeo Group, Inc., of Casper to install low-bleed pneumatic valves on some of its Wyoming production facilities, keeping more gas in the pipeline for sale.

Click here to read the Wyoming Department of Environmental Quality’s March 2009 report on ozone in the Upper Green River Basin.

— Contact Dustin Bleizeffer at 307-577-6069 or dustin@wyofile.com.

REPUBLISH THIS STORY: For details on how you can republish this story or other WyoFile content for free, click here.

Related stories of interest:

Media Release: Obama abandons stronger air pollution rules

A must-read series: ‘Pristine to Polluted’

Proposal would more than quadruple the size of the Jonah Field

Meet the new boom

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Media Release: Obama abandons stronger air pollution rules

Smoggy Denver
Smog in the Denver area

 

FOR IMMEDIATE RELEASE
September 2, 2011

Contact:
Bruce Pendery, Wyoming Outdoor Council, 435-752-2111; 435-760-6217; bruce@wyomingoutdoorcouncil.org

Wyoming Outdoor Council calls the decision ‘distressing’

Lander, Wyo. — President Barack Obama announced on Friday that the Environmental Protection Agency will abandon its plan to strengthen air-quality rules — as had been unanimously recommended by an expert advisory group of air quality scientists and medical professionals.

Observers had expected the EPA to issue the new regulations sometime this summer, in an effort to reduce industrial emissions of the chemicals that cause smog and dangerous ground-level ozone pollution, which can be especially harmful to children, the elderly, and those with respiratory difficulties, such as asthma.

The New York Times reported that this decision by Obama came “after an intense lobbying campaign by industry, which said the new rule would cost billions of dollars and hundreds of thousands of jobs.”

“This decision is distressing,” said Bruce Pendery with the Wyoming Outdoor Council.

The Wyoming Outdoor Council has worked for years, along with citizens in the Pinedale area, to raise awareness about dangerous levels of ozone pollution there, and about the need to strengthen protections for the people who live and work in the area.

“You’ll hear people try to make the argument that these regulations will hurt the economy and cost jobs, etc.” Pendery said. “Industry lobbyists have made these same arguments about every commonsense pollution control since the Nixon administration — and the sky has never fallen like they claimed it would. And we’ve all benefited from cleaner air and water.”

“But more importantly — and our members remind us of this all the time — it’s not enough just to have jobs,” Pendery said. “We also have to make sure those workers, their families, and their communities are safe and they’re not being harmed by the industrial development.”

###

Reminder: Enter our photo contest by Sept. 15

Wyoming Outdoor Council Photo Contest

Send us your best shots!

Submission deadline is September 15, 2011

DO YOU HAVE GREAT SHOTS OF WYOMING’S spectacular landscapes, wildlife, and people enjoying the great outdoors? If so, get them published in the Wyoming Outdoor Council’s annual calendar.

Previous calendars have included photographs by some of Wyoming’s best professional photographers, as well as some of its most gifted amateur shooters.

Contest Rules

  • Photographs must be taken in Wyoming and can include landscapes, lifestyles, wildlife, and people.
  • All photos must be submitted in digital form by email or online file sharing tool, mailed on a CD or DVD, or hand delivered on a CD, DVD, or flash drive.
  • Photos can only be published if available in a high-quality, relatively high-resolution, digital format.
  • Photograph entries constitute permission to use the images with credit to the photographer without monetary compensation.
  • Please include your name, address, city, state, zip code, daytime phone number, email address, and description of your photo including where the photo was taken.

 

TO SUBMIT PHOTOS, PLEASE EMAIL OR MAIL TO CHRIS MERRILL:

chris@wyomingoutdoorcouncil.org

 

 

Wyoming Outdoor Council
121 Grand Avenue, Suite 200
Laramie, WY 82070

Don’t miss Ride the Red, August 27

By Jamie Wolf

THIS YEAR THE WYOMING OUTDOOR COUNCIL’S POPULAR RIDE THE RED BIKE TOUR WILL TAKE US THROUGH THE NORTHERN PORTION OF THE RED DESERT IN THE JACK MORROW HILLS, which is home to outstanding scenery, pronghorn, the Steamboat desert elk herd, sand dunes, and various other treasures.

The mountain-bike ride will begin at 9 a.m. on Saturday, August 27, about 20 miles north of Farson, between Farson and Lander.

As always, this year’s Ride the Red will be a fun, casual, and family-friendly event—with something for riders of all skill levels.

We hope you can join us!

Click the map below to see a PDF of the two route options:

 

Click for a PDF

Details

  • We will meet at 9 a.m. on Saturday, August 27 at our trailhead, located on County Road 21, 5.8 miles southeast of its junction with Wyoming Highway 28.
  • This access road will be marked for your convenience. The meeting spot will serve as the parking area, and low-clearance vehicles (so long as the roads are dry) can safely make it to this point.
  • Routes will consist of a 25-mile option and a 42-mile option. Both routes start and end at the same point. Please feel free to come and do a shorter out-and-back route if you want.
  • Riders who have RSVP’d will receive more details, so please watch your email inboxes.

 

Please RSVP to Jamie at jamie@wyomingoutdoorcouncil.org, or 307.721.7610.