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Environmental Enforcement in Largest Drilling States is ‘Scant’ and ‘Puny,’ According to Greenwire Investigation

An investigation into enforcement in the nation’s largest oil and gas producing states finds that companies have “little to fear from the inspectors and agencies regulating” the industry.  This comes days after a panel of experts released a report warning that poor regulatory oversight of natural gas fracking could risk “serious environmental consequences and a loss of public confidence.”

The investigation of state-level data, conducted by Greenwire, shows that only a very small fraction of violations are enforced with fines. And when companies are fined, the penalties are “puny.”

In Texas, 96 percent of the 80,000 violations by oil and gas drillers in 2009 resulted in no enforcement action. West Virginia, a state with 56,000 wells, issued 19 penalties last year. And Wyoming, the center of Rocky Mountain energy, collected $15,500 in fines in 2010.

Pennsylvania, the most aggressive about fining violators, sought penalties for more than a quarter of the violations found last year. It levied fines for 4 percent of the violations, with the penalties totaling $3.7 million. The largest of those was a $900,000 fine against a drilling company that contaminated the water of 16 homes.

That was less than the profits the company makes in three hours.

Some states don’t even track key enforcement data, so regulators don’t know which companies have already been fined repeatedly.

This comes at a time of intense debate over how — or if — federal regulators should do more to monitor natural gas fracking. With the industry growing at around 50% a year, states are struggling to keep pace with the rate of expansion. A recent panel composed of industry professionals, put together by the Department of Energy, recently recommended that the Environmental Protection Agency finalize rules for regulating the practice:

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Climate and Energy Ignorati at New York Times Run Yet Another Error-Riddled Story Attacking Clean Energy

On an average yearly basis, renewables represent a small fraction of the total government investments in the energy sector (O&G is Oil & Gas)

Can you write a 2300-word article trashing clean energy subsidies that is so utterly devoid of crucial context for the readers that it

  • Ignores the vast, documented benefits of clean energy
  • Never discusses the large cost of dirty energy to human health
  • Never compares clean energy subsidies to dirty energy ones
  • Never compares U.S. clean energy subsidies to those of China, Germany and other countries.
  • Ignores climate change (yet again)
  • Utterly misunderstands the difference between a loan guarantee and a direct subsidy, among myriad other basic blunders?

You can if you are Eric Lipton and Clifford Krauss of the New York Times.  Their Friday piece “A Gold Rush of Subsidies in Clean Energy Search” joins the pantheon of recent one-sided, error-riddled, climate-free NYT pieces attacking clean energy or promoting dirty energy — see The NY Times Abandons the Story of the Century and Joins the Energy and Climate Ignorati.

The story is truly context free.  Again, you’d never know that the top U.S. economists (center-right non-environmentalists, just like the NYT editors appear to be) have provided a strong justification for clean energy subsidies — see Economics Stunner: “Oil and Coal-Fired Power Plants Have Air Pollution Damages Larger Than Their Value Added”; Natural Gas Damage Larger Than Its Value Added For Even Low CO2 Prices.  So have public health experts (see Life-cycle study : Accounting for total harm from coal would add “close to 17.8¢/kWh of electricity generated”).

NOTE:  The lead author of that last study was Dr. Paul Epstein, associate director of the Center for Health and the Global Environment at Harvard Medical School.  My old friend Hunter Lovins just tweeted, “Very sad loss: my friend Paul Epstein has died. World’s foremost expert on health impacts of global warming. Damn…. The world needed him.”  Paul was a compassionate visionary.  The world did need him, since his message about the health impacts of climate change obviously has not reached all the people who need to hear it.

You’d never know that China provides vastly more subsidies for clean energy (see “Solar Trade War?“).  Again, in late October, the Times published an article titled, “China Takes a Loss to Get Ahead in the Business of Fresh Water.”  But apparently the editors seem to think that only China should invest in emerging industries that are going to be massive job creators in the coming years.  For New York Times editors, China’s short-term losses to achieve long-term gains are smart business but America’s are boondoggles.

Other than a couple of brief quotes by clean energy advocates, the only accurate part of the story is the analogy to gold rushClean energy is indeed gold.

Every NY Times reporter and editor should have this excerpt from the recent International Energy Agency report on their desk:

“… we are on an even more dangerous track to an increase of 6°C [11°F]….  Delaying action is a false economy: for every $1 of investment in cleaner technology that is avoided in the power sector before 2020, an additional $4.30 would need to be spent after 2020 to compensate for the increased emissions.”

Where on Earth can you get a return on investment like that?  Ideally we would have a price on global warming pollution, but failing that it’s obvious that our problem isn’t that subsidies for clean energy are too high, but that they are far, far too low.

As for debunking the myriad errors in this piece, NRG Energy, the major victim of the Times’ egregious reporting, has taken the unusual step of issuing a major rebuttal, which I repost below:

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Economy

Kasich Opens Ohio’s State Parks To Fracking While Oil And Gas Industry Gives Him Most Donations Of Any Ohio Politician

Taking office with the promise to create jobs, Ohio’s GOP Gov. John Kasich has achieved little but dismal poll numbers in pursuit of a deeply unpopular agenda. Indeed, his attempt to demolish workers’ rights recently earned him an unprecedented rejection of a governor’s signature legislation within the first year in office.

But Senate Bill 5 represented only one pillar his misguided plan. On top of allowing guns in bars and passing corporate-friendly budget blows to Ohio’s vulnerable populations, Kasich is opening Ohio’s state parks to fracking — a method of natural gas drilling that contaminates water supplies with radioactive material.

Seventy percent of Ohioans oppose Kasich’s plan to drill on public lands. And for good reason, as one home in Cleveland, Ohio actually exploded after gas seeped into its water well. But Kasich remains obstinate in his support: “Ohio is not going to walk away from a potential industry.”

According to new report from the nonpartisan Common Cause, however, the oil and gas industry may have provided Kasich with plenty of reasons not to walk away. Kasich has taken $213,519 in contributions from the oil and gas industry, “the most of any Ohio politician.” Kasich’s spokesman Rob Nichols insisted that the fracking policy is solely for jobs, and that the industry has been “warned” to follow Kasich’s “environmental rules and regulations”:

“Over the next four years, shale is expected to create more than 200,000 jobs in Ohio and bring in nearly half a billion dollars in additional revenue to the state,” [Nichols] said. “While the governor has warned the industry that they better play by our environmental rules and regulations, we are glad to have the support of an industry that is poised to reinvigorate Ohio’s economy and put a whole bunch of Ohioans back to work.”

It’s unclear what rules and regulations Kasich actually plans on enforcing. Because of then-Vice President Dick Cheney’s request in 2005, the federal EPA was stripped of its power to regulate fracking. What’s more, Kasich appointed a Dubai oil and gas executive to run the Ohio Department of Natural Resources (ODNR) — a move which will unlikely yield environmental regulation.

In naming his business-friendly directors for Ohio’s EPA and ODNR, Kasich said he wants to “exploit the wonders of our state.” And this willingness to exploit state lands and parks earned him the largest check in Ohio from the oil and gas industry. “We give campaign contributions to support those candidates who support good government and who support the development of reliable and plentiful energy supplies in Ohio,” said the Ohio Oil and Gas Association. “We do not support candidates who do not support those concepts.”

NEWS FLASH

Coast Guard Official To Lead Policing Of Offshore Drilling | Secretary of the Interior Ken Salazar named a Coast Guard official who played a key role in the response to the BP oil spill as director of the newly launched Bureau of Safety and Environmental Enforcement (BSEE). Rear Adm. James A. Watson IV will take over the agency that handles permitting, enforcement of environmental and safety rules, and other tasks, and he replaces Michael Bromwich, the former director who oversaw the restructuring of the agency after last year’s Gulf Coast oil spill. Watson worked as the federal on-scene coordinator during the BP oil disaster. “The safe and responsible production of oil and gas from our nation’s oceans is vital to our energy security,” Watson said. According to the Hill, Salazar previously had said the BSEE director needed to manage the intense politics that come with regulating oil drilling.

Henry Waxman on GOP Climate Denial: “Republicans Spread Fear and Deny Fact”

We cannot repeal the laws of nature. If we continue to do nothing, the floods, wildfires, heat waves and extreme weather that have wreaked havoc across our nation — at a cost of tens of billions of dollars annually — will increase and intensify. And future generations will never understand why we squandered our shrinking opportunity to protect the planet.

by Henry Waxman (D-CA), first published in the Politico

Last Congress, the Democratic-controlled House took dramatic action to protect American families and our economy from the immense challenges posed by global climate change. We enacted new programs to invest in America’s clean energy future, and we passed a comprehensive energy bill, which stalled in the Senate, to reduce weather-altering carbon pollution.

This Congress, the Republican-controlled House has reversed course. It has voted 21 times to block actions to address climate change, including a vote to deny that “climate change is occurring, is caused largely by human activities and poses significant risks for public health and welfare.”

History will look back on this U-turn with profound regret.

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Slow Business Is The Job-Killer, Not Government Regulations

Economists have debunked the myth that environment regulations stall job growth again and again. Even as Mitt Romney calls to “tear down the vast edifice of regulations the Obama administration has imposed,” data from the Bureau of Labor Statistics show regulations haven’t hurt the economy. In 2010, only 0.3 percent of layoffs were due to higher costs from government regulations/intervention. By comparison, lower business demand caused 25 percent of layoffs.

Past studies also confirm that regulations have virtually no impact on jobs. Richard Morgenstern’s landmark study found that over a decade of regulations on heavily polluting industries didn’t cause “a significant change” in employment:

According to the study, when jobs were lost, they were often made up elsewhere in the same industry. For every $1 million companies spent, as many as 11 / 2 net jobs were added to the economy.

Overall, the research shows that the GOP field’s hyperbolic calls to eliminate regulation would have minimal impact on the unemployment rate.

EPA Regulations Will Create New Jobs, Says American Electric Power CEO: “No Question About That”

“We have to hire plumbers, electricians, painters, folks who do that kind of work when you retrofit a plant. Jobs are created in the process — no question about that.” — Mike Morris, CEO, American Electric Power

What happens when the GOP mantra that environmental regulations kill jobs is proven false? In politics, that usually means doubling down on the original false argument.

Even after losing a bid to roll back EPA’s cross-state air pollution rule last week, Kentucky Senator Rand Paul vowed to keep fighting federal air pollution standards, saying that he would not “let this administration continue to pass job-killing regulations.”

But those regulations aren’t killing jobs. And as we’ve pointed out several times, strong, well-designed environmental regulations have never killed jobs. The entire anti-environmental regulation platform of the Republican party is based on a made up scenario that has somehow trumped reality.

In fact, data from the Bureau of Labor Statistics show that regulations are having virtually no impact on job losses. In 2010, only 0.3% of job losses occurred because of government regulation, according to the figures.

What about coming EPA regulation of mercury and carbon emissions? Won’t that cause a “train wreck” that will kill tens of thousands of jobs? Well, estimates vary on the precise jobs impact. One report from the University of Massachusetts estimates that more than 250,000 jobs will be created through installation of new equipment at existing power plants and construction of new clean energy facilities.

Net job creation is a bit harder to gauge, as there will be jobs lost in some areas of the industry in a shift away from coal to natural gas and renewables. But leading power providers are contradicting GOP “job-killing” talking points by explaining that new air-quality regulations will have an overall positive impact on job creation. The Washington Post just ran a piece on the impact of EPA rules:

AEP chief executive Mike Morris said that retrofitting plants would add jobs but that he needs more time from the EPA. [Note: These regulations have been in the works for a decade.]

“We have to hire plumbers, electricians, painters, folks who do that kind of work when you retrofit a plant,” Morris said. “Jobs are created in the process — no question about that.”

Another AEP coal plant in nearby Conesville required more than 1,000 temporary workers to build a scrubber for one of its units. The plant then added 40 full-time employees to monitor the scrubber, which doubled the footprint of the unit. The device requires so much machinery it has its own control room.

Ralph Izzo, chief executive of the New Jersey utility PSE&G, said installing scrubbers at two of his company’s coal plants created 1,600 jobs for two years, plus 24 permanent ones.

This has been the story of how industry responds to regulations. Since the founding of the EPA in the 1970′s, aggregate emissions of ozone, particulates, carbon monoxide, nitrogen oxides, sulfur dioxide and lead have come down 63%. The economic impact? A tripling of Gross Domestic Product.

The Washington Post story points to a 1998 study on the net impact of EPA regulations on major industries:

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Wind Electricity To Be Fully Competitive With Natural Gas by 2016, Says Bloomberg New Energy Finance

The best wind farms in the world are already competitive with coal, gas and nuclear plants. But over the next five years, continued performance improvements and cost reductions will bring the average onshore wind plant in line with cheap natural gas, even without a price on carbon, according analysis from Bloomberg New Energy Finance.

After analyzing the cost curve for wind projects since the mind-1980′s, BNEF researchers showed that the cost of wind-generated electricity has fallen 14% for every doubling of installation capacity. These cost reductions are due to a number of factors: more sophisticated manufacturing, better materials, larger turbines, and more experience with plant operations and maintenance. Those improvements, combined with an oversupply of turbines on the global market, will bring the average cost of wind electricity down another 12% by 2016.

These two changes will drive the cost of wind energy down further, to parity with conventional energy sources. Assuming specific learning rates for these components, we expect wind to become fully competitive with energy produced from combined-cycle gas turbines by 2016 in most regions offering fair wind conditions. That would be the case with wind turbine prices at EUR 0.80m/MW by then. Any increase in the cost of gas, which will consequently raise the cost of energy of gas-fired turbines, would bring forward the timing of grid parity for wind.

The wind industry has a conflicted relationship with natural gas. As a “dancing partner” for wind projects, natural gas can offer firm back-up when the wind isn’t blowing. However, the boom in shale gas extraction has dropped natural gas prices substantially, nudging out wind developers in large markets like Texas.

But the industry is still moving on an experience curve that is bringing the wind farms at cost parity with historically low natural gas prices — even without a price on carbon:

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NEWS FLASH

Naomi Klein: The Climate Movement Needs ‘One Hell Of A Comeback’ | The climate movement “needs to have one hell of a comeback,” Naomi Klein writes in the Nation. “For this to happen, the left is going to have to learn from the right,” she says in an important essay with provocative ideas about the challenge of decarbonizing society. “Denialists gained traction by making climate about economics: action will destroy capitalism, they have claimed, killing jobs and sending prices soaring. But at a time when a growing number of people agree with the protesters at Occupy Wall Street, many of whom argue that capitalism-as-usual is itself the cause of lost jobs and debt slavery, there is a unique opportunity to seize the economic terrain from the right. This would require making a persuasive case that the real solutions to the climate crisis are also our best hope of building a much more enlightened economic system — one that closes deep inequalities, strengthens and transforms the public sphere, generates plentiful, dignified work and radically reins in corporate power. It would also require a shift away from the notion that climate action is just one issue on a laundry list of worthy causes vying for progressive attention. Just as climate denialism has become a core identity issue on the right, utterly entwined with defending current systems of power and wealth, the scientific reality of climate change must, for progressives, occupy a central place in a coherent narrative about the perils of unrestrained greed and the need for real alternatives.”

The Koch-Funded Scientist Who Came In From The Cold: Muller Warns We’re in “Dangerous Realm” of “Very Steep Warming”

data analysis graph

The decadal land-surface average temperature (relative to the 1950 – 1979 mean) using a 10-year moving average.  The grey band indicates 95% uncertainty interval.

The news release for today’s briefing, which will be webcast (here) at 2 pm DC time, explains:

Congressional Climate Briefing to Push “End of Climate Change Skepticism”

Dr. Richard Muller, Author of Berkeley Temperature Study, Makes First Appearance on Hill After Releasing Results; Drs. Ben Santer, William Chameides to Present Latest Research on Global Warming

WASHINGTON – Three prominent scientists will present the best case yet for the end of climate skepticism in Washington and the world over the fact that the world is warming at a congressional briefing held by Rep. Ed Markey (D-Mass.) and Henry A. Waxman (D-Calif.).

It remains to be seen whether Muller will flip flop for the umpteenth time on whether he is pushing the “end to skepticism … over the fact that the world is warming.”

He has already returned to form as a confusionist.  On the one hand, today he told MSNBC’s Morning Joe today that “we’re getting very steep warming” and that because “we are dumping enough carbon dioxide into the atmosphere that we’re working in a dangerous realm, I realm where I think, we may really have trouble in the next coming decades.”

But in a just-published interview he claimed absurdly:

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Jerry Brown Celebrates CODA Electric Car HQ In Los Angeles: California Is ‘The State Of Innovation’

Speaking at a ceremony celebrating a new electric car company headquartered in Los Angeles, Gov. Jerry Brown (D-CA) said investments in the future must be made even in times of austerity. On Thursday, Brown, Los Angeles mayor Antonio Villaraigosa, and other top city officials celebrated the opening of the 100,000-square-foot global headquarters of electric carmaker CODA Automotive. The company this year has expanded from 75 to 225 employees, and will be offering a full-electric sedan that gets up to 150 miles per charge, on proprietary battery technology. CODA is also selling its batteries to electric utilities to help manage storage for renewable electricity, and will offer a home product to help maximize charging of their vehicles.

“A lot of people say California is a failed state,” Brown said. “Well, they’re wrong, and here’s another example of how California is on the move.” Brown also explained how government regulations, so often pilloried by the right, are what created the markets for this job-creating industry:

This is the state of innovation. It’s the place where things happen, from the gold rush, to those oil wells in . Lots of new stuff happens. Yes, we’ve got regulations. Some of these regulations are why car companies and the solar industry is expanding here in California. So you need some rules.

Watch Brown’s speech, recorded by ThinkProgress Green:

Brown praised the former Republican governor, Arnold Schwarzenegger, for pushing clean energy. The state’s success doesn’t depend on one party, Brown said, but on “the creativity of the people that come to California.”

Brown cautioned that the state budget is going to be harsh, as he tries to rein in the state’s deficits, but that key investments in the future must be made. “In the midst of austerity, we also need dynamic innovation,” he said. “Even as we tuck in our belts, we’ll expand our imagination.”

NEWS FLASH

Koch-Funded Scientist On Morning Joe: ‘We’re Getting Very Steep Warming’ | Dr. Richard Muller, a contrarian physicist funded by the Koch brothers to investigate the temperature record smeared by the “Climategate” campaign, told MSNBC’s Morning Joe today that “we’re getting very steep warming.” He confirmed that the disturbing warming found by the scientific community “two years ago” was correct, even though at the time he “was not convinced that global warming was real, or that it existed.” Muller cautioned that “we may really have trouble in the next coming decades.” Muller is testifying at a congressional briefing organized by House Democrats this afternoon.

Ten Tips on Choosing Sustainable Sushi

Irasshaimase!

Those in the sushi cognoscenti already know that the only appropriate way to open a column about the now-ubiquitous Japanese cuisine is with the equally ubiquitous greeting shouted by restaurant employees to customers as they enter. Literally translated, it means “come in” or “welcome.” So welcome to our take on sushi.

The term “sushi” actually refers to the deftly seasoned pillows of rice that support the main attraction at any sushi bar—the fish. Think of it like “Seinfeld” with eponymous Jerry serving as the solid base, while the real flavor and variety is supplied by George, Elaine, Kramer, Newman, Crazy Joe Davola, Jackie Chiles, Uncle Leo, and the rest of the transient cast of characters such as Jerry’s rhyme-time ex-girlfriend, Dolores.

But how sustainable is your sushi? In many cases there are nuances, so take the descriptions below with a big grain of salt (or dollop of wasabi). We’ve based these assessments on the most common traits of the most frequently used fish in each category. For more in-depth info on specific species, the best resource I have found is Casson Trenor’s book Sustainable Sushi. And as always, remember that the simplest rule is always: Buy American.

Now, here are our 10 tickets to a spectacular, sustainable sushi experience.

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NEWS FLASH

Chevron And Shell Fight Oil Spills In Brazil And Nigeria | Oil giants Chevron and Shell are fighting oil spills around the world as they look to expand drilling in the United States. “Chevron halted drilling of a well off the coast of Brazil as it looks into the possible causes of an oil spill in the region,” Reuters reports. “Shell said on Sunday it was containing a new oil spill in Nigeria’s onshore delta, the latest in a string of leaks from the company’s pipelines, which it has blamed on sabotage attacks and oil theft.”

Clean Start: November 14, 2011

Welcome to Clean Start, ThinkProgress Green’s morning round-up of the latest in climate and clean energy. Here is what we’re reading. What are you?

An Iowan photographer has seen first hand the dramatic changes in the Arctic Ocean and glaciers around the world due to rapid global warming. [Des Moines Register]

UN Secretary General Ban Ki-moon will open a forum in Bangladesh on Monday at which countries most vulnerable to climate change will try to unite ahead of global talks in South Africa in December. [AFP]

Knowing that aid from the government or insurance will fall short, Vermonters have been raising money through benefit concerts, fundraising campaigns and events like barbecues and pie sales to help those whose homes were damaged or lost in the flooding from the remnants of Hurricane Irene. [AP]

Policies to protect the global climate and limit global temperature rise offer the most effective entry point for achieving energy sustainability, reducing air pollution, and improving energy security, according to an article published in the latest issue of Nature Climate Change. [Sicence Daily]

A string of climate disasters and earthquakes has exposed a vulnerability in global supply chains: How do you set up a network that is compact enough to be efficient but spread widely enough that no single unexpected event can knock it out? [Reuters]

Residents of remote Alaska towns and tiny Native villages were working on Friday to tally up damages from a near-record storm that lashed the state’s west coast, officials said. [Reuters]

An execeptionally warm October has brought a freakish, false spring to Great Britain, disrupting the natural cycle of flowers, birds, and bees. [Guardian]

The United States expects Asia Pacific leaders on Sunday to take a “significant step” toward reducing tariffs and other barriers that block trade in environmentally-friendly goods and services, a senior administration official said on Sunday. [Reuters]

Canadian Prime Minister Stephen Harper said he will step up efforts to supply oil to Asia after Washington delayed a decision on whether to approve the Keystone XL tar sands pipeline from Canada to the United States. [Reuters]

November 14th News: Eurozone Crisis May Hinder Durban Climate Talks; EPA to be GOP target in 2012

Other stories below: Africa’s Nile at Risk from Climate Change

Eurozone Crisis May Cloud Durban Climate Talks

Ahead of the Durban climate change talks beginning Nov 28, experts are worried that Eurozone crisis may curtail the billions of dollars of funding from industrialised countries to their poorer counterparts to adapt to climate change.

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