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Gasland: Will New York Be the Next Casualty of the Halliburton Loophole?

Posted: 06/21/10 10:20 AM ET

When the Sundance award-winning film, Gasland, begins nationwide broadcast on HBO this Monday, the curtain will rise on Act II of the health tragedy wrought by the insurgent fossil fuel race to profit. This exquisitely crafted documentary feels like America's Nuremberg, as ordinary heartland citizens rise up to indict gas giants, who, they claim, have been on the loose since 2005, when former Vice-President Dick Cheney crafted the so-called Halliburton Loophole.

The Halliburton Loophole expressly exempts oil and gas companies, from customary safety measures, health safeguards, regulatory oversights, penalties and liabilities that most Americans assume are in place to protect citizens, health and resources. As the film depicts, since 2005, the companies have ratcheted into high gear around the country, using a fuel collection practice, called "fracking" linked to drinking water contamination and health harm. Now they have their sights set on New York, with Albany lawmakers currently meeting behind closed doors to either grant or withhold permission to drill in New York, until after the EPA completes safety studies. In the next few days, the Albany decision could effect the health and water supplies of people in New York City, Philadelphia, New York State, New Jersey and Eastern Pennsylvania where two weeks ago an exploding gas well spewed forth 35,000 gallons of toxins for 16 hours. Moreover, film-maker Josh Fox says that if New York just says: no, it could start a nation-wide trend to halt unsafe fuel prospecting.

Fracking drills deep into the earth to bring forth gas (and radiation) mixing nearly 600 toxic, proprietary chemicals with millions of gallons of public water. Though natural gas is marketed as the "safe" energy source compared with coal, according to an Environmental Working Group report, one single well contains chemicals sufficient to "contaminate more than 100 billion gallons of drinking water." When film-maker Josh Fox tracks the hundreds of truckloads used to convey the process into (and out of) a region, the numbers reveal that nearly half of these chemicals are left behind to evaporate into the air, and seep into wells, aquifers, streams, and creeks that flow into rivers. Due to the exemption from Superfund Cleanup, no remediation is required of drillers.

According to people Fox interviewed in Colorado, Texas, Wyoming, Utah, New Mexico and Pennsylvania (states which have already submitted), those seduced by a promised sliver of massive profits, wake up to find that this environmental equivalent of unprotected sex, can all too often contaminate household drinking water, with carcinogens and neurotoxins (found by lab tests.)

In scene after scene of Gasland, families (in rural areas with once pristine water) turn on the kitchen tap. What comes out is darkened, opaque, smelly, chemical-laden water--that explodes into flames when ignited by a match. Yard high flames shoot up from streams and rivers. Many adults and children report health problems, such as persistent headaches, asthma, chronic pain, neurological illnesses, brain tumors and leukemia, which they attribute to drinking and bathing in post-fracking water. Animals lose hair, waste away, and die. In exchange for non-disclosure agreements, the gas companies now truck in drinking water to many households with contaminated water.

Nevertheless, in Gasland, the companies declare before Congress that unprotected fracking is safe. They deny any connection to these widespread problems because there is no "proof." And they have a point. For example, when a gas drill was installed near a rancher's property, his well water turned black overnight. But beyond this circumstantial evidence, without government agencies charged with oversight, what proof can the average citizen provide?

Just as in the Gulf crisis, some contend that proofs of safety should be required prior from industries using unsafe practices. Many assume that government regulatory policies and inspectors are in place to enforce rules that protect public resources and health. But they aren't. For example, New York, where drillers poise to install over 500 gas wells, has 16 inspectors and an environmental oversight agency, which government officials admit is riddled with conflicts of interest.

The Halliburton Loophole exempts oil and gas companies from the Clean Water Act, the Clean Air Act, the Clean Drinking Water Act, and the Superfund Act. In Albany, the Abbabbo-Engelbright bill number S7592, being voted on this week, imposes a moratorium on gas drilling until after a slated EPA study is done. Environmental groups urge calls to Albany now to ask Senator Malcolm Smith, the Senator President, is at 518-455-2701 or 212-298-5585 and Senate Majority Conference Leader John. L. Sampson is at 518-455-2788 and 718-649-7653 to support a one and/or a two year moratorium.

Since New York City's water supply is unfiltered, New York is at a crossroads: Trust the drillers or use protection? City residents, lulled by promises that the upstate reservoir areas will be drilling-free, "have no real assurance that this promise will hold," says NRDC attorney, Kate Sindig. Unless the state-wide ban passes before Albany's immanent six-month recess, fracking will proceed. Sindig predicts that "they will begin drilling in areas outside the reservoir watershed, and then make their move into the watershed. Once they are here, it will be hard to contain them. New York City residents should be very worried."

With this major decision pending, Gasland is a cliff-hanger for everyone alarmed by the erosion of protections seen in the Gulf crisis. Will New Yorkers, (many of whom are unaware of the vote) be the next to succumb? or the first to put the brakes on the industries exempted by the Halliburton Loophole?

Wednesday Update: Concerned New Yorkers can call State Senate Rules Committee members to ask then support the Addabo Bill # S7592A which asks for a Moratorium on High Volume Horizontal Slick Water Hydrofracking until 120 days after the EPA (federal) study is complete. (See contact info in comments below)

Stay tuned. Watch Gasland preview.

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When the Sundance award-winning film, Gasland, begins nationwide broadcast on HBO this Monday, the curtain will rise on Act II of the health tragedy wrought by the insurgent fossil fuel race to profit...
When the Sundance award-winning film, Gasland, begins nationwide broadcast on HBO this Monday, the curtain will rise on Act II of the health tragedy wrought by the insurgent fossil fuel race to profit...
 
 
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10:49 AM on 07/13/2010
Great you draw attention to this issue, but alas the shallow film and the lack of indepth research plague this and most pieces on the issue. Firstly, most activists support a ban, not the industry friendly "moratorium". Here are 2 articles on that:

http://www.wbng.com/news/local/97517884.html

and

http://nyc.indymedia.org/or/2010/07/111582.html

Also, you quote NRDC, promoters of the film, and robert redford is on their board and behind the sundance film festival, but do you know NRDC supports natural gas? it is part of their official policy.
The study and moratorium angles are only pushed by greenwashers, naive or industry people. If you really ask and look into it, only a ban makes sense. Thanks.
Support a ban.
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salvy859
war is not the answer
07:12 AM on 06/24/2010
Sorry,they will side with big business, and no matter what or how many calls we make it will not make one bit of difference they stopped listening to us along time ago.
11:03 AM on 06/23/2010
Here are the NY State Senators on the Rules Committee that are not yet supporting the Addabo Bill # S7592A. This Bill asks for a Moratorium on High Volume Horizontal Slick Water Hydrofracking until 120 days after the EPA (federal) study is complete. Please take a few minutes and call their offices.

This is a public health issue, please ask your senators to wait until the science is in.

Thanks- because my water is your water.

R Encon & Rules Owen H. Johnson 518-455-3411 or 631-669-9200
ojohnson@senate.state.ny.us

R Rules William J. Larkin 518-455-2770 or 845-567-1270
larkin@senate.state.ny.us

D Encon & Conf & rules Kevin Parker 518-455-2580 or 718-629-6401
parker@senate.state.ny.us

R Rules James L. Seward 518-455-3131 or 607-432-5524
seward@senate.state.ny.us

R Rules Dean G. Skelos 518-455-3171 or 516-766-8383
skelos@senate.state.ny.us

D Conf Lead & Rules chair Malcolm Smith 518-455-2701 or 718-528-4290
masmith@senate.state.ny.us Conference reviewing impact of both bills

D Rules William T. Stachowski 518-455-2426 or 716-826-3344
stachows@senate.state.ny.us

D Conf & Rules David J. Valesky 518-455-2838 or 315-478-8745
valesky@senate.state.ny.us

D Conf Lead & Rules Pedro Espada Jr. 518-455-3395 or 718-652-4329
espada@senate.state.ny.us

R Rules Hugh T. Farley 518-455-2181 or 518-843-2188
farley@senate.state.ny.us
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PatLow
A karate man bruises on the inside
02:58 PM on 06/22/2010
I watched this last night. This is perhaps the best documentary I have seen since Food Inc.

I have to wonder what the O&G industry lobbyists will be saying 2 years from now when tap water in New York and Philly is capable of catching fire like the folks in Colorado demonstrated. By far the most damaging thing Cheney did was to exempt the O$G industry from the clean water/clean air acts.
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Alison Rose Levy
Connect the Dots www.healthjournalist.com
06:30 AM on 06/23/2010
What will New Yorkers and Philadelphians be saying? Most people are unaware of it, and when they learn about it, it's very hard for most of us to connect the dots that we should call legislators or vote for those whose stand on these issues we know. I wonder why?

Alison
www.healthjournalist.com
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PatLow
A karate man bruises on the inside
11:26 AM on 06/24/2010
Unfortunately most people do not take action until it is too late. There is a perception across the US that someone else will put forth the effort so why bother. The other truth in the US is that most will take the quick buck without thinking of the unintended consequences

To me the answer lies in requiring (by law) full disclosure as a part of the leasing process, and repealing the exemptions currently provided to the O&G industries. If land owners realized that they were potentially contaminating the water supply and thereby putting their lives at risk I would have a hard time believing that they would sign the agreements.
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Otaku1031
I used to be disgusted, now I'm just amused...
02:26 PM on 06/22/2010
I watched "Gasland" last night. It's frightening. The complete disregard for anything but the bottom line (profit) is rampant in the energy business. The industry hacks that testified before Congress in the film were either ignorant of the health effects of the chemicals that are to be injected into the watershed, or they're lying. As a Chem Engineer, I have a great deal of respect for the materials I work with, even the most innocuous substances. To listen to a so-called "expert" deny the toxic effects of pumping formaldehyde compounds into the drinking water is beyond my comprehension.
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Alison Rose Levy
Connect the Dots www.healthjournalist.com
06:40 AM on 06/23/2010
The bottom line is that if the companies maintain that fracking fluid is safe, they should be no hesitation or resistance to allowing it to be regulated by the Clean Water Act.

Alison
04:00 PM on 06/21/2010
Thank you, Alison, for the lucidity of this informative post, and especially for its call to action to protect our lands from irresponsible gas drilling. The Halliburton Loophole is perhaps the most blatant of the atrocities committed under this name, which has become synonymous with a lack of conscience regarding human health and sustainability. Keep raising your voice! We all need to hear you and take action until we're heard.
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Alison Rose Levy
Connect the Dots www.healthjournalist.com
04:25 PM on 06/21/2010
Thanks, Ceci, and I just want to say that I would love to hear from folks in this comment section tomorrow on your responses to the film if you will be seeing it for the first time-- and also to comment about Josh Fox's appearance on Jon Stewart. Alison
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kristaS
03:24 PM on 06/21/2010
Why isn't this article on the front page instead of in the "living" section?

Everyone needs to know about this besides people like me who read "mediation" and "nutrition articles in the "living" section
03:19 PM on 06/21/2010
there are safer ways to mine "natural" gas, but hydrofracturing is not one of them. yes, vertical drilling with mere water and sand takes place in this country, but not in the marcellus, which, based on its multiple layers of dense shale, must be blasted with millions of gallons of OUR drinking water, plus 300+ chemicals the industry refuses to identify based on claims that it's a privileged recipe.

land owners have taken the industry bait, desperate for more income from their properties. until they take responsibility for those who would have to live with the scorched earth landscape, polluted water and air, and rural roads crowded with tanker trucks, then they're no different than BP, Exxon, Encana, Chesapeake, or other gas companies who want to make a quick buck by using migrant workers of their choosing, and being the sole entities to profit off of this.

if this is so safe, why not wait until the US EPA completes its promised assessment of hydrofracturing? what's the hurry when the welfare of many people who cannot afford land to lease (and the water they drink) hangs in the balance? drill first, ask questions later? tell that to those whose lives and livelihoods depend upon clean waters in the Gulf.

communities all over new york are not allowing industry to dictate their rights. see nyh2o.org for what you can do to stand up for the SUSTAINABLE economy that new york state can provide without spoiling its beauty or ecologic viability.
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02:39 PM on 06/21/2010
yes....cashed strapped states are suckers for the promises of drill baby drill......
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Alison Rose Levy
Connect the Dots www.healthjournalist.com
03:07 PM on 06/21/2010
Right now, I am in the midst of researching another article on organic vs. minimally treated produce. And in other areas of concern in the world of health which I cover, doctors are urging people to eat less processed foods and more produce; food advocates are urging government regulators to support healthy foods and local farms, rather than subsidize products used to mass produce junk food, and young people are becoming interested in the environment and sustainable farming.

It's beyond unfortunate that at a time like this, that the farmers and ranchers from the western parts of our country, filmed in Gasland, should be abandoning and polluting farm land and making it unusable for who knows how long? It's because of misplaced supports for agri-businesses that they are driven to this. Once the harm is done, it can't be reversed.

We need to change governmental priorities.

Alison
get my free health, science, and action ezine at www.healthjournalist.com
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paxatman
Do no harm, Help others.
12:31 PM on 06/21/2010
The crossroad we now approach though the dust, is this our country or is it the corporation's/Cheney's of the world? To remain docile and blatantly ignorant of this, 'our time in history', will be a terrible legacy to leave for our children and their's. This is OUR country to give to them. We carry no greater responsibility.
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Alison Rose Levy
Connect the Dots www.healthjournalist.com
12:43 PM on 06/21/2010
Beautifully said!

Alison
www.healthournalist.com
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right Alice
11:42 AM on 06/21/2010
One of these days, it will be "My kingdom for a pint of water."
03:40 PM on 06/21/2010
amen!
11:24 AM on 06/21/2010
I do live in NY and have tried to see both sides of the issue after seeing Gasland. I cant understand how there can be so little truth to this film, yet everyone falls so head over heels for it without checking out the other side.....there seems to be a lot of misinformation circulating the web. Many NY landowners have recognized this, for example this article completely debunks the film for its mistaken statements http://www.jlcny.org/site/index.php/news/latest-news-articles/192-debunking-gasland-the-movie
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Luigi53102
12:28 PM on 06/21/2010
"Debunking Gasland" is the product of Energy in Depth. From SourceWatch: "Energy in Depth (EID) is a pro-oil-and-gas drilling industry front group formed by the American Petroleum Institute, the Petroleum ..."
Surely we can all count on such an objective source to "completely debunk" assertions about the risks of fracking. Snort.
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Alison Rose Levy
Connect the Dots www.healthjournalist.com
05:18 PM on 06/21/2010
For those who are interested, Public Citizen currently is proposing that people take action to assure that front groups contributing to election campaigns are required to disclose their top funders. This assures that the people can be informed of where sponsored information comes from, rather than listening to an innocuous name and not understanding the reality of its source.
http://www.citizen.org/Page.aspx?pid=3543
02:41 PM on 06/21/2010
Then why did Halliburton make sure that they are exempt from the Clean Water Act, the Clean Air Act, the Clean Drinking Water Act, and the Superfund Act.
11:04 AM on 06/21/2010
There is another side to this story. And unquestionably, everything you see in this film isn't accurate, but often it's half truths and innuendos. At the very least, people should fully inform themselves before drawing a conclusion based on a film intended to entertain! So, I'd encourage everyone to check out Gasland Debunked after they watch the film!

http://www.energyindepth.org/2010/06/debunking-gasland/

In openness, I work with cngnow.com - a movement to get more natural gas cars on the streets!
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Alison Rose Levy
Connect the Dots www.healthjournalist.com
11:34 AM on 06/21/2010
Thank you, Chad, for writing in, as well as for sharing your views and affiliations. I really appreciate your honesty since so many people hide their affiliations when offering differing opinions.

It's not my area of expertise to speak to how to transition from fossil fuels to renewable sources. But the objection to the novel practice of fracking is because it's not regulated and monitored to assure safety for people, water, air, and other life. Nor are the large companies who undertake this process accountable for the problems they cause. Instead they deny it. Nor are public oriented safety monitoring systems in place. Nor are there agencies to whom communities can turn when there is a problem.

The gas companies have had a field day thanks to the Halliburton Loophole. They have not demonstrated any integrity around self-monitoring, To the contrary. They've demonstrated a lack of concern. Nor do they by taxation contribute to the public for the use of public commons, such as road use, use of millions of gallons of public water supplies, etc. They are exempted from Super Fund contributions to clean up. And they resist a return to accountability.

I'm not an expert but if there was a safe way to obtain gas, they aren't doing it, they don't want to do it, and they resist every attempt to restore regulations requiring them to do it.

They want a free ride. So it's not about the gas-- it's about the getting of it.

Alison
03:23 PM on 06/21/2010
but natural gas is finite--not sustainable. why not work on behalf of an energy source that doesn't require so much ecological sacrifice? or are you willing to put a drill next to your house, because you believe so much in this "resource"?
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tacevad
American SS Card Carrying Socialist
11:00 AM on 06/21/2010
the point at which a "right" (whether granted by law or purchased by deed,lease, etc) to plunder the earth for a resource ends at pollution and should be treated as a crime with penaties that promise every bit as much loss as the profits promised in the first place.
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mtview
10:49 AM on 06/21/2010
In these tough economic times, it's difficult for people to resist the offers of money from these gas companies (about $100,000 for a lease of the land and a promise of future royalties). Apparently, the royalty part doesn't always pan out.

Medical bills being what they are, many of these people can expect to end up using that money to pay for treatments from the illness caused by the pollution of the drilling.
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Alison Rose Levy
Connect the Dots www.healthjournalist.com
11:19 AM on 06/21/2010
Sadly, MTview, you are so right.

As a health reporter, I find the health aspects of great concern. Our bodies are made of at least 65% water. Our produce is made up of water. All waterways are interconnected-- so the more we damage water, the more we hurt ourselves. As Theo Colburn mentions in the film, most of the chemicals used are proprietary. However, when outside researchers have tested contaminated water, they are able to identify a number of chemicals harmful to human health. Many more have never been researched. So this is playing Russian roulette with people's health.

Alison
Get my free health, environmental, and action ezine at www.healthjournalist.com