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FRACKING: Corruption a Part of Pennsylvania's Heritage (page 2)

State Sen. Daylin Leach, a Democrat from suburban Philadelphia, says he opposed the bill because, "At a time when we are closing our schools and eliminating vital human services, to leave billions on the table as a gift to industry that is already going to be making billions is obscene." State Rep. Mark Cohen, a Democrat from Philadelphia, like most of the Democrats in the General Assembly, agrees. The legislation, he says, "produces far too little revenue for local communities, gives the local communities local taxing power which most of them do not want, because it pits one community against the other, and gives no revenue at all to other areas of the state."

The new law is generally believed to be "payback" by Corbett and the Republican legislators for campaign contributions. The industry contributed about $7.2 million to Pennsylvania candidates and their PACs between 2000 and the end of 2010, including $860,825 to the Republican party and $129,100 to the Democratic party, according to data compiled by Common Cause. In addition, the natural gas industry contributed about $1.6 million to Corbetts political campaigns during the past 10 years, about $1.1 million of that for his campaign for governor, according to Common Cause. Rep. Brian L. Ellis (R-Butler County), sponsor of the House bill, received $23,300. Sen. Joseph B. Scarnati (R- Warren, Pa.), the senate president pro-tempore who sponsored the companion Senate bill (SB 1100), received $293,334. Of the 20 Pennsylvania legislators who received the most money from the industry since 2001, 16 are Republicans, according to Common Cause.

Rep. H. William DeWeese (D-Waynesburg, Pa.), received $58,750, the most of the four Democrats. DeWeese, first elected in 1976, had been Speaker of the House and Democratic leader.

It's possible that the significant campaign contributions didn't influence Pennsylvania's politicians to rush to embrace the natural gas industry and its controversial use of hydraulic fracking. It's possible that these politicians had always believed in fracking, and the natural gas industry was merely contributing to the campaigns of those who believed as they do. However, with the heavy amount of money spent by the natural gas lobby and, apparently, willingly accepted by certain politicians, there is no way to know how they might have voted had no money or lobbying occurred.

Tom Corbett's first major political appointment after his election in November 2010 was to name C. Alan Walker, an energy company executive, to head the Department of Community and Economic Development. The Pennsylvania Progressive identified Walker as "an ardent anti-environmentalist and someone who hates regulation of his industry." A ProPublica investigation revealed that Walker had given $184,000 to Corbett's political campaign.

Shortly after taking office, Corbett repealed environmental assessments of gas wells in state parks. The result could be as many as 2,200 well pads on almost 90 percent of all public lands, according to Nature Conservancy of Pennsylvania.

Corbett's public announcements in March 2011, two months after his inauguration, established the direction for gas drilling in Pennsylvania.

In his first budget address, Corbett boldly declared he wanted to "make Pennsylvania the hub of this [drilling] boom. Just as the oil companies decided to headquarter in one of a dozen states with oil, let's make Pennsylvania the Texas of the natural gas boom. I'm determined that Pennsylvania not lose this moment." Lt. Gov. Jim Cawley would later boast, "The Marcellus [Shale] is revitalizing our main streets in downtowns."

Within the budget bill, Corbett authorized Walker to "expedite any permit or action pending in any agency where the creation of jobs may be impacted." This unprecedented reach apparently applied to all energy industries. That same month, Corbett created an Advisory Commission, loaded with persons from business and industry. Not one member was from the health professions; of the seven state agencies represented, not one member was from the Department of Health.

Between 2007 and the end of 2010, the Pennsylvania Department of Environmental Protection (DEP) issued 1,435 violations to natural gas companies; 952 of those violations related to potential harm to the environment. In March, Michael Krancer, the new DEP secretary, also a political appointee, took personal control over his department's issuance of any violations. By Krancer's decree, every inspector could no longer cite any well owner in the Marcellus Shale development without first getting the approval of Krancer and his executive deputy secretary.

"It's an extraordinary directive [that] represents a break from how business has been done" and politicizes the process, John Hanger told ProPublica. Hanger, DEP secretary under the Ed Rendell administration, said the new rules "will cause the public to lose confidence entirely in the inspection process." He told the Scranton Times-Tribune the new policy was the equivalent of every trooper having to get permission from the state police commissioner before issuing a traffic citation. Because the new policy is so unusual and broad "it's impossible for something like this to be issued without the direction and knowledge of the governor’s office," said Hanger. Corbett denied he was responsible for the decision. Five weeks after the Krancer decision was leaked to the media, and following a strong negative response from the public, environmental groups, and the state’s media, the DEP rescinded the policy-which Krancer claimed was only a three-month "pilot program."

"When state agencies say they will 'regulate' or 'monitor' hydraulic fracturing to reduce known threats, we should not accept this as a guarantee of any kind," says Eileen Fay, an animal rights/environmental writer. Fay argues that because of legislative corruption, it is a responsibility of citizens to protect their own health and environment by "putting pressure on our legislators."

In February 2012, Corbett proudly signed Act 13, a merger of the House and Senate bills.

HB 1950 had initially included a provision to provide up to $2 million a year in funding to the Department of Health for "collecting and disseminating information, preparing and conducting health care provider outreach and education and investigating health related complaints and other uses associated with unconventional natural gas production activity." That provision, strongly supported by numerous public health and environmental groups, was deleted in the final bill.

The Pennsylvania Constitution (Article I, section 27) declares: "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."

However, unlike New York state, which placed a moratorium on well permits while it is evaluating the health and environmental risks, Pennsylvania has rushed to embrace the natural gas industry and its use of fracking, apparently disregarding its own Constitution. The Susquehanna River Basin Commission has routinely approved requests from drillers to remove millions of gallons of water each day from the river, although the commissioners have not requested any health impact statements or undertaken a complete cumulative impact study, according to Iris Marie Bloom, an environmental writer and activist. Because of the nature of the Marcellus Shale deposit in Pennsylvania, as opposed to neighboring states, natural gas companies have to transport the wastewater to other states for re-use or disposal or take it to sewage treatment plants. The plants then discharge the treated wastewater into the state's rivers. However, present methods can't remove the salt and some other chemicals and radioactive elements. Currently, about 11 million gallons of wastewater a day are taken from the Susquehanna for fracking operations; about three times that amount is anticipated when fracking reaches its peak in the state, according to Paul Swartz, Commission executive director. In contrast, the Delaware River Basic Commission has put a moratorium on taking water from that river until studies have been completed.

Pennsylvania is "handing out permits almost like popcorn in a theater," says Diane Siegmund, a psychologist from Towanda. Between Jan. 1, 2005 and March 2, 2012, the Pennsylvania Department of Environmental Protection issued 10,232 permits, and denied only 36 requests.

Siegmund is frustrated by what she sees not only as state government's acceptance of fracking but of numerous local governments in the Marcellus Shale region from speaking out on behalf of the preservation of health and the environment. When she went to the Bradford County commissioners with stacks of research about problems with fracking, "all they did was to thank me and claim it's not their problem." She says residents are beginning to believe that local governments are operating in collusion with the energy companies.

But it isn't just governments. The issue of fracking has divided towns like Dimock, Pa. In November 2009, 15 residents sued Cabot Oil and Gas, charging that the company contaminated their drinking water. Tests conducted by the DEP during the last years of the Ed Rendell administration had revealed there was higher than expected methane gas in 18 water wells that provided drinking water to 13 homes near the drills. The build-up of methane gas had also led to well explosions and DEP warnings to citizens to keep their windows open. Among the provisions of a consent order, the state required Cabot to provide fresh water to families whose water had been affected by the excess methane gas. Cabot denied its fracking operation was responsible for the elevated levels. On Nov. 30, 2011, after the DEP, now under the Tom Corbett administration, declared the water to be safe to drink, Cabot stopped delivering water.

And then something strange happened. The town of Binghamton, N.Y., about 35 miles north, said it would provide a tanker of fresh water. However, the supervisors of Dimock Twp., supported by most of the 140 residents who attended the meeting, most of them with some economic ties to the natural gas industry, refused the offer. According to reporting in the Scranton Times-Tribune, when Binghamton mayor Matthew T. Ryan asked "Why not let people help?" he was rebuffed by one of the township's three supervisors who snapped, "Why should we haul them water? They got themselves into this. You keep your nose in Binghamton."

In January 2012, after declaring that the water "contains levels of contaminants that pose a health concern," the EPA decided it would bring water to residents in Dimock. The response by Cabot was that the EPA was wasting taxpayer money in its investigation of Cabot environmental and health practices. The response by Pennsylvania's DEP was almost as inflammatory as the water in the taps. Michael Krancer, DEP’s head, not only disagreed with the EPA findings, he called the agency's knowledge of fracking to be "rudimentary."

In mid-March, following preliminary tests on several of the wells serving Dimock residents, the EPA found that the water "did not show levels of contamination that could present a health concern." However, it acknowledged arsenic, some metals, and potentially explosive methane gas remained in the water. A ProPublica investigation revealed that four of the five water samples it obtained showed methane levels exceeding Pennsylvania standards.

"We are deeply troubled by Region 3’s rush to judge the science before testing is even complete, and by their apparent disregard for established standards of drinking water safety," said Claire Sandberg, executive director of Water Defense. She questioned why EPA Region 3's handling of the Dimock case differed from how other EPA regional offices handled similar cases in Texas and Wyoming when it didn't release the information until all testing was completed. Dr. Ron Bishop, professor of biochemistry at SUNY/Oneonta, told ProPublica, "Any suggestion that water from these wells is safe for domestic use would be preliminary or inappropriate."

The extraction of natural gas has also led to the development of other industries-and the exploitation of the people. In Jersey Shore, Pa., about 20 miles west of Williamsport, Aqua PVR bought a 37-unit mobile home village, with plans to build a water withdrawal plant to provide up to three million gallons a day to the natural gas industry. The day the purchase was completed on Feb. 23, 2012, Aqua told the residents their leases were terminated "immediately," according to reporting in the Sun-Gazette. The company gave residents until May 1 to leave. To sweeten what may be seen as a callous corporate action, Aqua said it would give $2,500 to each resident that moved by April 1, and $1,500 if they moved by May 1. However, as the Sun-Gazette reported, the cost to move each mobile home ranged from $5,000 to $12,000. Many of the residents lived in the village more than a decade; one was there 38 years. The newspaper reported that most trailer parks in the area were already at maximum occupancy, and others would not accept the older trailers.

"Residents are afraid to speak up," says Diane Siegmund, who points out there is "a lot of fear" among the residents, those whose lives are being uprooted, those whose health is being compromised, and those whose economic benefits may be compromised if fracking operations are reduced.

"As long as the powers can keep the people isolated and fragmented," says Siegmund, "the momentum for change can never be gained." The experience in Dimock is seen throughout the Marcellus Shale region.

It's not unreasonable to expect people who are unemployed or underemployed to grasp for anything to help themselves and their families, nor is it unreasonable to expect that persons-roustabouts, clerks, truck drivers, helicopter pilots, among several hundred thousand in dozens of job classifications-will take better paid jobs, even if it often means 60 hour work weeks under hazardous conditions. It’s also not unreasonable to expect that families living in agricultural and rural areas, who are struggling to survive, will snap at the lure of several thousand dollars to lease mineral rights and some of their land to an energy company, which will also pay royalties. But what is unreasonable is that government allows corporations to flourish at the expense of the people and their environment.

The Sierra Club urges that the country needs "to leapfrog over gas whenever possible in favor of truly clean energy. Instead of rushing to see how quickly we can extract natural gas, we should be focusing on how to be sure we are using less-and safeguarding our health and environment in the meantime."

Christopher Portier, director of the National Center for Environmental Health, calls for more research studies that "include all the ways people can be exposed [to health hazards], such as through air, water, soil, plants and animals."

In November 2011, the Advisory Board of the U.S. Department of Energy concluded: "The public deserves assurance that the full economic, environmental and energy security benefits of shale gas development will be realized without sacrificing public health, environmental protection and safety."

When the history of natural gas exploration in Pennsylvania is finally written, the story will be that it was a cheaper, cleaner energy source, and that it temporarily helped some people in rural areas, and brought some well-paying jobs into the state. But history will probably also record that the lure of immediate gratification led Pennsylvania's politicians to willingly accept political donations that led them to sacrifice their citizens’ health and the state's environment.

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[Assisting on this series, in addition to those quoted within the articles, were Rosemary R. Brasch, Eileen Fay, Dr. Bernard Goldstein, and Dr. Wendy Lynne Lee. Dr. Walter Braschz is an award-winning social issues journalist. His current book is Before the First Snow, a critically-acclaimed novel that looks at what happens when government and energy companies form a symbiotic relationship, using "cheaper, cleaner" fuel and the lure of jobs in a depressed economy but at the expense of significant health and environmental impact. The book is available at amazon.com and from the publisher, Greeley & Stone.]