“Taking” Wildlife in PA, OH, WV

By Karen Edelstein, Eastern Program Coordinator, FracTracker Alliance

 

In an apparent move to step around compliance with comprehensive regulations outlined in the Endangered Species Act (ESA), a coalition of nine oil and gas corporations has filed a draft plan entitled the Oil & Gas Coalition Multi-State Habitat Conservation Plan (O&G HCP). The proposed plan, which would relax regulations on five species of bats, is unprecedented in scope in the eastern United States, both temporally and spatially. If approved, it would be in effect for 50 years, and cover oil and gas operations throughout the states of Ohio, Pennsylvania, and West Virginia—covering over 110,000 square miles. The oil and gas companies see the plan as a means of “streamlining” the permit processes associated with oil and gas exploration, production, and maintenance activities. Others outside of industry may wonder whether the requested permit is a broad over-reach of an existing loophole in the ESA.

Habitat fragmentation, air, and noise pollution that comes with oil and gas extraction and fossil fuel delivery activities have the potential to incidentally injure or kill bat species in the three-State plan area that are currently protected by the Endangered Species Act (ESA) of 1973. In essence, the requested “incidental take permit”, or ITP, would acknowledge that these companies would not be held to the same comprehensive regulations that are designed to safeguard the environment, particularly the flora and fauna at most risk to extirpation. Rather, they would simply be asked to insure that their impacts are “minimized and mitigated to the maximum extent practicable.”

Section 10(a)(2)(B) of the ESA contains provisions for issuing an ITP to a non-Federal entity for the take of endangered and threatened species, provided the following criteria are met:

  • The taking will be incidental
  • The applicant will, to the maximum extent practicable, minimize and mitigate the impact of such taking
  • The applicant will develop an HCP and ensure that adequate funding for the plan will be provided
  • The taking will not appreciably reduce the likelihood of survival and recovery of the species in the wild
  • The applicant will carry out any other measures that the Secretary may require as being necessary or appropriate for the purposes of the HCP

What activities would be involved?

n_long-eared_bat

The Northern Long-eared Bat is a federally-listed threatened species, also included in the ITP

The proposed plan, which would seek to exempt both upstream development activities (oil & gas wells) and midstream development activities (pipelines). Upstream activities include the creation of access roads, staging areas, seismic operations, land clearing, explosives; the development and construction of well fields, including drilling, well pad construction, disposal wells, water impoundments, communication towers; and other operations, including gas flaring and soil disturbance; and decommissioning and reclamation activities, including more land moving and excavation.

Midstream activities include the construction of gathering, transmission, and distribution pipeline, including land grading and stream construction, construction of compressor stations, meter stations, electric substations, storage facilities, and processing plants, and installation of roads, culverts, and ditches, to name just a few.

Companies involved in the proposed “Conservation Plan” represent the major players in fossil fuel extraction, refinement, and delivery in the region, and include:

  • Antero Resources Corporation
  • Ascent Resources, LLC
  • Chesapeake Energy Corporation
  • EnLink Midstream L.P.
  • EQT Corporation
  • MarkWest Energy Partners, L.P., MPLX L.P., and Marathon Petroleum Corporation (all part of same corporate enterprise)
  • Rice Energy, Inc.
  • Southwestern Energy Company
  • The Williams Companies, Inc.

Focal species of the request

Populations of federally endangered Indiana Bats could be impacted by the proposed Incidental Take Permit (ITP)

Populations of federally-endangered Indiana Bats could be impacted by the proposed Incidental Take Permit (ITP)

The five species listed in the ITP include the Indiana Bat (a federally-listed endangered species) and Northern Long-eared Bat (a federally-listed threatened species), the Eastern Small-footed Bat (a threatened species protected under Pennsylvania’s Game and Wildlife Code), as well as the Little Brown Bat and Tri-colored Bat. Populations of all five species are already under dire threats due to white-nose syndrome, a devastating disease that, since 2008, has killed an estimated 5.7 million bats in North America. In some cases, entire local populations have succumbed to this deadly disease. Because bats already have a naturally low birthrate, bat populations that do survive this epidemic will be slow to rebound. Only recently, wildlife biologists have begun to see hope for a treatment in a beneficial bacterium that may save affected bats. However, production and deployment details of this treatment are still under development. Best summarized in a recent article in the Pittsburgh Post-Gazette:

This [ITP] would be a huge deal because we are dealing with species in a precipitous decline,” said Jared Margolis, an attorney with the Center for Biological Diversity, a national nonprofit conservation organization headquartered in Tucson, Ariz. “I don’t see how it could be biologically defensible. Even without the drilling and energy development we don’t know if these species will survive.

In 2012, Bat Conservation International produced a report for Delaware Riverkeeper, entitled Impacts of Shale Gas Development on Bat Populations in the Northeastern United States. The report focuses on landscape scale impacts that range from water quality threats, to disruption of winter hibernacula, the locations where bats hibernate during the winter, en masse. In addition, because bats have strong site fidelity to roosting trees or groups of trees, forest clearing for pipelines, well pads or other facilities may disproportionately impact local populations.

The below map, developed by FracTracker Alliance, shows the population ranges of all five bat species, as well as the current areas impacted by existing development by the oil and gas industry through well sites, pipelines, and other facilities.

View map fullscreenHow FracTracker maps work

 

To learn more details about the extensive oil and gas development in each of the impacted states, follow these links:

  • Oil and gas threat map for Pennsylvania. Currently, there are ~104,000 oil and gas wells, compressors, and other related facilities here.
  •  Oil and gas threat map for Ohio. Currently, there are ~90,000 oil and gas wells, compressors, and other related facilities here.
  • Oil and gas threat map for West Virginia. Currently, there are ~16,000 oil and gas wells, compressors, and other related facilities here.

Public input options

The U.S. Fish and Wildlife Service (USFWS) announced in the Federal Register in late November 2016 its intent to prepare an environmental impact statement (EIS) and hold five public scoping sessions about the permit, as well as an informational webinar.  In keeping with the parameters of an environmental impact statement, USFWS is particularly interested in input and information about:

  • Aspects of the human environment that warrant examination such as baseline information that could inform the analyses.
  • Information concerning the range, distribution, population size, and population trends concerning the covered species in the plan area.
  • Additional biological information concerning the covered species or other federally listed species that occur in the plan area.
  • Direct, indirect, and/or cumulative impacts that implementation of the proposed action (i.e., covered activities) will have on the covered species or other federally listed species.
  • Information about measures that can be implemented to avoid, minimize, and mitigate impacts to the covered species.
  • Other possible alternatives to the proposed action that the Service should consider.
  • Whether there are connected, similar, or reasonably foreseeable cumulative actions (i.e., current or planned activities) and their potential impacts on covered species or other federally listed species in the plan area.
  • The presence of archaeological sites, buildings and structures, historic events, sacred and traditional areas, and other historic preservation concerns within the plan area that are required to be considered in project planning by the National Historic Preservation Act.
  • Any other environmental issues that should be considered with regard to the proposed HCP and potential permit issuance.

The public comment period ends on December 27, 2016. Links to more information about locations of the public hearings, as well as instructions about how to sign up for the December 20, 2016 informational webinar can be found at this website. In addition, you can electronically submit comments about the “conservation plan” by following this link.

Woody Biomass & Waste-To-Energy

By Ted Auch, Great Lakes Program Coordinator, FracTracker Alliance

While solar and wind energy gets much of the attention in renewable energy debates, various states are also leaning more and more on burning biomass and waste to reach renewable energy targets and mandates. As is the case with all sources of energy, these so-called “renewable energy” projects present a unique set of environmental and socioeconomic justice issues, as well as environmental costs and benefits. In an effort to document the geography of these active and proposed future projects, this article offers some analysis and a new map of waste and woody biomass-to-energy infrastructure across the U.S. with the maximum capacities of each facility.

 

Map of U.S. Facilities Generating Energy from Biomass and Waste

View map full screen to see map legend, additional layers, and bookmarks
How FracTracker maps work

Woody Biomass-to-Energy

To illustrate the problems of woody biomass-to-energy projects, one only needs to look at Michigan. Michigan’s growing practice of generating energy from the wood biomass relies on ten facilities that currently produce roughly 209 Megawatts (an average of 21 MW per facility) from 1.86 million tons of wood biomass (an average of 309,167 tons per facility). Based on our initial analysis this is equivalent to 71% of the wood and paper waste produced in Michigan.

Making matters worse, these ten facilities rely disproportionately on clearcutting 60-120 years old late successional northern Michigan hardwood and red pine forests. These parcels are often replanted with red pine and grown in highly managed, homogeneous 20-30 year rotations. Reliance on this type of feedstock stands in sharp contrast to many biomass-to-energy facilities nationally, which tend to utilize woody waste from urban centers. Although, to provide context to their needs, the area of forest required to service Michigan’s 1.86 million-ton demand is roughly 920 mi2. This is 1.65 times the area of Chicago, Milwaukee, Detroit, Cleveland, Buffalo, and Toronto combined.

 

Panorama of the Sunset Trail Road 30 Acre Biomass Clearcut, Kalkaska Conty, Michigan

 

Based on an analysis of 128 U.S. facilities, the typical woody biomass energy facility produces 0.01-0.58 kW, or an average of 0.13 kW per ton of woody biomass. A few examples of facilities in Michigan include Grayling Generating Station, Grayling County (36.2 MW Capacity and 400,000 TPY), Viking Energy of McBain, Missaukee County (17 MW Capacity and 225,000 TPY), and Cadillac Renewable Energy, Wexford County (34 MW Capacity and 400,000 TPY).

 

The relationship between wood processed and energy generated across all U.S. landfill waste-to-energy operations is represented in the figure below (note: data was log transformed to generate this relationship).

 

Waste-To-Energy

Dr. Jim Stewart at the University of the West in Rosemead, California, recently summarized the Greenhouse Gas (GHG) costs of waste landfill energy projects and a recent collaboration between the Sierra Club and International Brotherhood of Teamsters explored the dangers of privatizing waste-to-energy given that two companies, Waste Management and Republic Services/Allied Waste, are now a duopoly controlling all remaining U.S. landfill capacity (an additional Landfill Gas Fact Sheet from Energy Justice can be found here).

Their combined analysis tells us that, by harnessing and combusting landfill methane, the current inventory of ninety-three U.S. waste-to-energy facilities generate 5.3 MW of electricity per facility. Expanded exploitation of existing landfills could bring an additional 500 MW online and alleviate 21.12 million metric tons of CO2 pollution (based on reduction in fugitive methane, a potent greenhouse gas). Looking at this capacity from a different angle, approximately 0.027 MW of electricity is generated per ton of waste processed, or 1.64 MW per acre. If we assume the average American produces 4.4 pounds of waste per day, we have the potential to produce roughly 6.9 million MW of energy from our annual waste outputs, or the equivalent energy demand created by 10.28 million Americans.

 

The relationship between waste processed per day and energy generated across all U.S. landfill waste-to-energy operations is represented in the figure below.

 

Conclusion

Waste burning and woody biomass-to-energy “renewable energy”projects come with their own sets of problems and benefits. FracTracker saw this firsthand when visiting Kalkaska County, Michigan, this past summer. There, the forestry industry has rebounded in response to several wood biomass-to-energy projects. While these projects may provide local economic opportunity, the industry has relied disproportionately on clearcutting, such as is seen in the below photograph of a 30-acre clearcut along Sunset Trail Road:

 

As states diversify their energy sources away from fossil fuels and seek to increase energy efficiency per unit of economic productivity, we will likely see more and more reliance on the above practices as “bridge fuel” energy sources. However, the term “renewable” needs parameterization in order to understand the true costs and benefits of the varying energy sources it presently encompasses. The sustainability of clearcutting practices in rural areas—and the analogous waste-to-energy projects in largely urban areas—deserves further scrutiny by forest health and other environmental experts. This will require additional mapping similar to what is offered in this article, as well as land-use analysis and the quantification of how these energy generation industries enhance or degrade ecosystem services. Of equal importance will be providing a better picture of whether or not these practices actually produce sustainable and well-paid jobs, as well as their water, waste, and land-use footprints relative to fossil fuels unconventional or otherwise.

 

Relevant Data

All US Waste-to-Energy Operations along with waste processed and energy produced (MW)

All US Woody Biomass-to-Energy Operations along with waste processed and energy produced (MW)

The Mississippi Fracking Fight: Saving Forests, Woodpeckers, and the Climate

By Wendy Park, senior attorney with the Center for Biological Diversity

 

If the Bureau of Land Management (BLM) gets its way, large areas of Mississippi’s Bienville and Homochitto national forests will be opened up to destructive fracking. This would harm one of the last strongholds for the rare and beautiful red-cockaded woodpecker, create a new source of climate pollution, and fragment our public forests with roads, drilling pads and industrial equipment. That’s why we’re fighting back.

My colleagues and I at the Center for Biological Diversity believe that all species, great and small, must be preserved to ensure a healthy and diverse planet. Through science, law and media, we defend endangered animals and plants, and the land air, water, and climate they need. As an attorney with the Center’s Public Lands Program, I am helping to grow the “Keep It in the Ground” movement, calling on President Obama to halt new leases on federal lands for fracking, mining, and drilling that only benefit private corporations.

That step, which the president can take without congressional approval, would align U.S. energy policies with its climate goals and keep up to 450 billion tons of greenhouse gas pollution from entering the atmosphere. Already leased federal fossil fuels will last far beyond the point when the world will exceed the carbon pollution limits set out in the Paris Agreement, which seeks to limit warming to 1.5 °C above pre-industrial levels. That limit is expected to be exceeded in a little over four years. We simply cannot afford any more new leases.

Fracking Will Threaten Prime Woodpecker Habitat

In Mississippi, our concerns over the impact of fracking on the rare red-cockaded woodpecker and other species led us to administratively protest the proposed BLM auction of more than 4,200 acres of public land for oil and gas leases the Homochitto and Bienville national forests. The red-cockaded woodpecker is already in trouble. Loss of habitat and other pressures have shrunk its population to about 1% of its historic levels, or roughly 12,000 birds. In approving the auction of leases to oil and gas companies, BLM failed to meet its obligation to protect these and other species by relying on outdated forest plans, ignoring the impact of habitat fragmentation, not considering the effects of fracking on the woodpecker, and ignoring the potential greenhouse gas emissions from oil and gas taken from these public lands. The public was also not adequately notified of BLM’s plans.

 

Mississippi National Forests, Potential BLM Oil & Gas Leasing Parcels, and Red Cockaded Woodpecker Sightings


View map fullscreenHow FracTracker maps work

Fracking Consequences Ignored

According to the National Forest Service’s 2014 Forest Plan Environmental Impact Statement, core populations of the red-cockaded woodpecker live in both the Bienville and Homochitto national forests, which provide some of the most important habitat for the species in the state. The Bienville district contains the state’s largest population of these birds and is largely untouched by oil and gas development. The current woodpecker population is far below the target set by the U.S. Fish and Wildlife Service’s recovery plan. A healthy and fully recovered population will require large areas of mature forest. But the destruction of habitat caused by clearing land for drilling pads, roads, and pipelines will fragment the forest, undermining the species’ survival and recovery.

red-cockaded_woodpecker_insertNew leasing will likely result in hydraulic fracturing and horizontal drilling. In their environmental reviews, BLM and the Forest Service entirely ignore the potential for hydraulic fracturing and horizontal drilling to be used in the Bienville and Homochitto national forests and their effects on the red-cockaded woodpecker. Fracking would have far worse environmental consequences than conventional drilling. Effects include increased pollution from larger rigs; risks of spills and contamination from transporting fracking chemicals and storing at the well pad; concentrated air pollution from housing multiple wells on a single well pad; greater waste generation; increased risks of endocrine disruption, birth defects, and cardiology hospitalization; and the risk of earthquakes caused by wastewater injection and the hydraulic fracturing process (as is evident in recent earthquakes in Oklahoma and other heavily fracked areas).

Greenhouse Gas Emissions and Climate Change

Oil and gas development also results in significant greenhouse gas emissions from construction, operating fossil-fuel powered equipment during production, reclamation, transportation, processing and refining, and combustion of the extracted product. But BLM and the Forest Service have refused to analyze potential emissions or climate change effects from new leasing. Climate change is expected to worsen conditions for the woodpecker, compounding the harms of destructive drilling practices. Extreme weather events will become more frequent in the Southeast U.S. as temperatures rise. Hurricane Katrina resulted in significant losses of woodpecker habitat and birds in the Mississippi national forests. The Forest Service should be redoubling its efforts to restore and preserve habitat, but instead it is turning a blind eye to climate change threats.

At a time when world leaders are meeting in Morocco to discuss the climate crisis and scientists tell us we already have enough oil and gas fields operating to push us past dangerous warming thresholds, it’s deeply disturbing that the Obama administration continues to push for even more oil and gas leases on America’s public lands. The BLM’s refusal to acknowledge and analyze the effects of fracking on the climate, at-risk species, and their habitat, is not only inexcusable it is illegal. The science is clear: The best way to address catastrophic warming — and protect wildlife — is to keep fossil fuels in the ground.

Photographs for this article were sourced from the U.S. Department of Agriculture fair-use photostream.

FracTracker Alliance’s *NEW* California Shale Viewer

By Kyle Ferrar, CA Program Coordinator, FracTracker Alliance

The FracTracker Alliance has just recently opened a new office based out of Berkeley, California. As a first step in addressing the unique issues of oil and gas extraction in the Golden State, FracTracker has queried the data that is published by the state’s regulatory agencies, and has translated those datasets into various maps that highlight specific issues. As a first step in this process, FracTracker transcribed the well-site data that is publicly available from the California Department of Conservation’s (DOC) Division of Oil, Gas and Geothermal Resources (DOGGR).

This first phase of analysis is presented in FracMapper on the California page, here. FracTracker has translated the entire DOGGR database into a map layer that can be viewed on the California Shale Viewer map, here. The California Shale Viewer will be continuously updated to map the expanding oil and gas development as it occurs. Featured map layers on the California Shale Viewer focus on hydraulic fracturing in the state of California. The hydraulic fracturing well-site data comes from two sources. First, the layer “CA Hydraulically Fractured Wells Identified by DOGGR” portrays the maps identified by regulatory agency as having been hydraulically fractured. The DOGGR is aware that their dataset is not complete in terms of identifying all wells that have been hydraulically fractured. The second source of data is from our friends at SkyTruth, and provided in the layer “CA Hydraulically Fractured Wells Identified by SkyTruth”. Using a crowd-source platform, SkyTruth has generated a dataset based on the information reported to FracFocus.org. FracFocus.org refuses to provide aggregated datasets of their well-site data. These hydraulically fractured well-sites can be viewed as a individual datasets in the California Shale Viewer, or as a combined layer in the map “California Hydraulically Fractured and Conventional Oil and Gas Wells” map, where you are also able to view the dataset of wells FracFocus identifies as hydraulically fractured, but DOGGR does not.

More information concerning the many different types of wells drilled in California and the status of these wells (whether they are planned, active, idle or plugged) can be found in the “Well Type” map and “Well Status” map, also available on the FracTracker California page.