Tag Archive for longmont

Encrypted Police Radio

American police departments have used two-way radios for 85
years to great advantage, and with no adverse effects. But recently the Times-Call
reported that without prior public notification, our Longmont Police Department
has begun encrypting previously open radio communications between dispatch and
officers so that the public cannot hear a single word. They call it a
“pilot program” but it has no end date. I find this entire action
extremely disturbing.

Longmont Police notice about encryption of dispatch radio.

The argument is that sometimes sensitive information is
broadcast that has the potential to compromise victim privacy and perhaps,
officer safety. The police spokesman insists that this move will not affect transparency,
but how could it not? No secondary distribution or publication of
police-filtered accounts could possibly replace the real-time radio narrative
of police and citizen interactions in our community. Other local municipalities
are also encrypting communications, but that is no reason for Longmont to get
on some imaginary bandwagon. There is a need to balance privacy against the
public’s right to know, but this is going too far.

What is the records retention policy for all these hours,
days and weeks of regular communications? Will every second of every police
communication be recorded and backed up forever in case it’s needed? We need to
know that. Attorneys will definitely need to know to prepare for defense or
prosecution of future cases.

What’s especially difficult to understand is that it was reported
that this was not done in response to a specific issue or complaint from any
quarter, just some vague “buildup of concerns.” Clearly this is a
solution in search of a problem. I normally don’t buy into slippery slope arguments,
but will make an exception this time, and here’s one reason why.

About a month ago, it was reported that the Long Beach,
California police department has adopted the use of a cell phone messaging app called
TigerText that automatically and permanently deletes messages a short time
after they are read. There is no possibility of data recall, and these
conversations cannot be “discovered” in subsequent legal actions
involving the police, especially in complaint proceedings against the department.

“I find it odd that we have a communication system that
circumvents everything that we are supposed to be doing,” one officer said.
How novel, an automatic electronic cover-up system that obliterates
transparency when it’s needed the most.

Long
Beach PD quickly suspended TigerText after civil liberties advocates and media
outlets raised concerns that the app could be used to hide evidence useful to
the other side in criminal and civil court cases. The city said the decision to
halt the use of TigerText came “pending further review of whether the use is
consistent with the city’s record retention policy and administrative
regulations for the use of mobile devices.”

Do we know if the Longmont PD is also using the TigerText or
Signal apps in their text communications? Please ask, Times-Call.

So I fail to see much difference between encrypted radio
communications and self-deleting texts. They all lead to the same bad end, a
severe compromise of the public’s right to know what their taxpayer funded police
are doing, and how they are doing it.

The City Council should request and receive regular detailed information about this pilot-program-with-no-end, and be part of the implementation decision going forward because it doesn’t sound like they are now. And I hope they decide that this pilot program should be ejected without a parachute.

Charlie Fellenbaum

The writer is a former news reporter and photographer, and a Longmont resident for 12 years.

2013 Longmont election big win for Progressives

Dennis Coombs, Mayor of Longmont

Dennis Coombs, Mayor of Longmont

Monday November 11th the City Council members for Longmont were sworn in – among them returning mayor Dennis Coombs. Here’s our photos.

Two new members were also sworn in –

Polly Christensen

Polly Christensen

Polly Christensen replaced Alex Sammoury and Jeff Moore replaced Katie Witt, both winning handily – no recounts this year.

Coombs sailed to victory with a 16% (Correction – 17.84%) margin over his opponent Bryan Baum, breaking out early with a large lead that Baum never managed to match, despite running scandal-free this time around. A push poll of unknown origin may actually have hurt the right-wing candidate by attempting to spread scurrilous rumors and deeply offending voters.

Jeff Moore

Jeff Moore

Sammoury and Witt were pleasant and appeared to be relieved at leaving City Council. Alex said he’d ‘…try and miss them…’ on Tuesday evenings, clearly being ironic. Witt pronounced ‘…you haven’t seen the last of me…’ and was greeting by laughter from the audience.

Well, I suppose we can hope

StephBaumTweets_111213Despite pronouncements from the right that Longmont is a ‘conservative’ town, the ‘left’ ran off two conservative candidates and defeated a tea party ex-mayor decisively. An obviously-planned kerfuffle over a months-old crabby note from Polly Christensen was clearly the Baum’s payback for being ‘pooched‘ in the last election. Super-classy for Abbondanza owner Bob Goff to not only save the note, but put it in the hands of Longmont’s First ‘Lady’ of muck-raking, who cackled gleefully about it. Love how she’s eager to see a fellow Longmonter in the ‘poor house’ – kinda clashes with her sweet, fundraiser persona…

Polly had this to say about her note to Goff:

“Usually Abondanza is my son’s and my favorite place for pizza, wine, and Parchesi. I was exhaused and was feeling a bit accosted by politics at a place where I was hoping to relax and NOT think about politics. I overreacted to the signs in the window and the political stickers on my leftover box. I wrote this cranky note on a scrap of paper. It was ill-considered, harsh, and unnecessary. I regret not just walking away and getting some sleep.”

Longmont's self-proclaimed 'First Lady'

Longmont’s self-proclaimed ‘First Lady’

Interesting tweet about the ‘Old Guard’… and the Pro-Tem vote was planned…? Really?

So, all in all a very interesting night and terrifically revealing of how deep the wounds of the last election were and how badly the right wanted revenge – any revenge.

Twin Peaks Mall (Village): not a true renaissance

Much has been made lately over the intent to build a new shopping district in Longmont. Its proponent wants one and all to believe this will be a new “mall,” and that the reincarnation of the mall property will generate a retail renaissance in northeastern Boulder County.

One has to wonder about property developers. I worked with them long enough to learn that “earning” a development fee comes first; supply and demand come later. In this case the property developer has even convinced or coerced the city of Longmont to become its financial partner, and that after the former basically “stole” the pre-existing, nearly shuttered improvements. One does not have to be a trained real estate analyst to see that the lead tenant in Longmont retail centers is “available.” Not so obvious is the underlying potential for demand for retail business.

Photo by M. Douglas Wray ©2011 FreeRangeLongmont.comAdd to the large empty spaces once occupied by Kmart, Sears (part of the old mall) and the original Walmart on a tract adjoining the mall, and a number of vacations by restaurants that chose to flee rather than fight unrealistic rent increases. Consider that when the economy seemed stronger (1990s), there were about 49 square feet of retail space in the country for every person. Now, with incomes and employment down, development activity has largely caved. Largely.

Allowing for a reasonable average of no less than $125 annual sales per square foot, Longmont’s 6.4 million (or so) square feet of retail space, owned or leased, need at least $800 million of disposable income. Assuming that the population is still 87,000, that means each man, woman and child must have more than $9,200 of income after taxes and rent (or mortgage), to support the existing retail base of 73 square feet per person. How many households do you know in Longmont pulling down that kind of dough (gross income would generally be two to three times the “disposable” sum)? Adding to the challenges, more than half of Longmont’s work force leaves town each morning. Many people shop near work as well as, or instead of, near home.

To be fair, the city hasn’t done everything wrong here. Its public tiff with Dillard’s came about in large part because a previous mall owner was desperate to keep Dillard’s when other anchors were moving out. By the way, Dillard’s right to veto improvement or redevelopment is worth something on its own; Dillard’s owns more than just a store. Perhaps Dillard’s wants no competition, or maybe the developer doesn’t want Dillard’s to stay. We may never know. What seems important is that a city so hungry for sales tax continues to ignore what might be its biggest asset: its historic downtown. Look around the country and see what I mean. The possible ambiance and amenities there can’t really be matched by a sterile, stainless-steel series of coffins parachuted onto a parking lot the size of some counties.

Longmont could take a page from London, where a 50-acre development will be designed as a “brand pavilion,” aimed at allowing global labels to set up interactive exhibitions linked to the growing online buying trend. To its credit London intends to include more than 1,500 homes within its new attraction.

The effective economic lifetime of Twin Peaks Mall was less than 20 years. In 2034 the tax incremental financing to be imposed for the new “mall” will not yet be retired. If malls per se are becoming extinct, wrecking ball operators in Longmont may want to keep their machinery well oiled.

Dangerously Exploitative

bad_idea_sign_crossbonesThe new mall plan looks DOA to me.  Basically, we are replacing Dillard’s with Sam’s Club, aka Walmart.  Why does Longmont need 3 Walmarts?

And what small businesses will want to be in the same mall as Walmart?  Why cozy up with people who will undercut small business prices?

And by the way, it’s not “at the peaks,” which are quite far away.  A confusing name that pretends to be something that it is not, but then the whole project could be seen in the same light.

The stores that Newmark Merrill has in mind are not bringing new kinds of business to Longmont.  On the contrary, they are aggressively overlapping with stores on Hover and Ken Pratt that have proven they can do business here.  The mall’s intent is to siphon off that business, not develop new business.

The TIF (tax incremental financing) is what the developer is looking to pocket, and reaping all these tax dollars will also give them the upper hand in undercutting the prices of the existing stores they seek to undermine.  That’s not a productive way to do business.  It is basically parasitic.  And very NON competitive.  It will use TIF to destroy what are now viable businesses, and will only replace them with a cheaper version.  If you think Twin Peaks Mall has succumbed to urban blight, wait ‘til you see what Hover and Ken Pratt will look like in 5-10 years.

Big box abandonment will be pervasive.  Or Longmont City Council will be dishing even more TIF money in an attempt to save them.

This is a poisonous project and NM should be kicked out of here.  It is self-destructive for Longmont to continue with this plan.

And don’t you look forward to 25 different versions of “Planet of the Apes” in stadium seating.  And then you can enjoy “patio dining” in the low-budget fast food court in 100 degree weather (or about 20 in winter) –cheaper by far since there’s no need for cooling or heating.

That the new mall will restore Longmont’s reputation as the armpit of Boulder  County is really the least of our problems.  This is a financially unsound plan, designed to benefit the developer and not the city or residents.  It will damage Longmont very seriously.  Longmont’s tax dollars would be far better spent in redeveloping Main Street, Kimbark, and Coffman.

“Be FrackSURE” Conference Announced by Our Longmont

Be FrackSURE logo -fracksure-sm

 

Longmont, CO…Our Health, Our Future, Our Longmont, the organization that sponsored the city charter amendment that banned hydraulic fracturing (fracking) in Longmont, will hold an educational conference on fracking (hydraulic fracturing) and its many perils.

“Be FrackSURE:  What you don’t know may WELL hurt you,” will be held on April 27, 2013, from 9 AM to 5 PM at the Plaza Conference Center (1850 Industrial Circle, Longmont) behind the Best Western Plus Plaza Hotel.  Tickets for the event are $38 to cover the costs of the event.  Pre-registration is necessary and tickets can be purchased at www.fracksure.org.

Dr. Anthony IngraffeaOur Longmont is thrilled to have Dr. Anthony Ingraffea as the Keynote Speaker at “Be FrackSURE.”  Dr. Ingraffea is the foremost engineering authority on fracture mechanics and holds the prestigious title of Dwight C. Baum Professor of Engineering in Cornell University’s Department of Civil and Environmental Engineering.   “With his partners in what has become known as the Cornell Study, Dr. Ingraffea revealed that, contrary to the never-ending mythology promulgated by the oil and gas industry, unconventional gas, procured by fracking likely emits more greenhouse gas pollution into the atmosphere during its life cycle than does coal,” said Our Longmont’s Kaye Fissinger.

In 2011, TIME Magazine named him one of its “People Who Mattered.”  Not only is Dr. Ingraffea among the “people who matter,” but he also recognizes that people matter in this battle with the oil and gas industry, politicians who embrace it, and regulators too closely tied to it.  When asked his position on the impacts of drilling for oil and gas using horizontal fracking, Dr. Ingraffea, with his vast knowledge in this area, unequivocally states, “Where shale gas development has not yet occurred, ban it.  Period. Where it is occurring, enact ironclad regulations, inspect for compliance with them with dogged diligence, and enforce them relentlessly with fines that really mean something.”

Dr. Geoffrey Thyne will be the featured speaker during the “Be FrackSURE” buffet luncheon.  Dr. Thyne, author or co-author of over 50 peer-reviewed scientific papers, will speak to the complexities of research and the influence of industry and government in academic settings.

Breakout sessions on the health ramifications of fracking on air and water and on the economic ramifications of fracking will include notable experts Phillip Doe, Wes Wilson, Shane Davis, Pete Morton and Jeanne Bassett.  Sam Schabacker, Mountain West Region Director for Food & Water Watch, will discuss ways for others to protect their communities from the dangers of fracking in urban areas where people live, work and play.

Said Michael Bellmont, spokesperson for Our Longmont, “No day would be complete without music and Our Longmont is proud to be able to present the acclaimed Hazel Miller, who has been called a ‘force of nature’ herself.  With her ‘stunning, moving, and powerful’ voice, Hazel has been a sought after performer in Colorado for the past 24 years. Whether she is singing blues, jazz, pop, or Gospel, her voice charges the songs with a primal dose of genuine soul.”

Our Longmont’s “Be FrackSURE” is proud to have Patagonia as its corporate sponsor.  Patagonia, a designer of outdoor clothing and gear, explains its sponsorship of Our Longmont’s “Be Frack SURE” conference, “We give at the grassroots level to innovative groups mobilizing their communities to take action.  This is our niche: supporting people working on the frontlines of the environmental crisis.”

Our Longmont encourages everyone who is concerned about fracking and who wants to be more fully informed by experts in their fields to join with them for this interactive, informative, day-long event.  Come celebrate the progress that has been made in Colorado to restrain and prohibit the dangerous practice of fracking, and to energize our continuing efforts to keep up the fight for our health, safety, property values and quality of life in Longmont, along the Front Range and throughout all of Colorado.

Detailed information can be found at www.ourlongmont.org/be-frac-sure/.

Our Longmont, others act to protect fracking ban

FOR IMMEDIATE RELEASE: March 11, 2013

CONTACTS:
Kaye Fissinger, 303-678-7267 (Our Longmont)
Michael Bellmont, 303-678-9470 (Our Longmont)
Bruce Baizel, 970-903-5326 (Earthworks)
Shane Davis, 303-717-4462 (Sierra Club)
Sam Schabacker, 720-295-1036 (Food & Water Watch)

Coalition Acts to Protect City of Longmont’s Ban on Dangerous Hydraulic Fracturing

LONGMONT, CO – Today, a coalition of community, public health, consumer and environmental organizations filed a motion in the Weld County District Court to intervene in the Colorado Oil and Gas Association’s lawsuit that seeks to invalidate Longmont’s ban of the oil and gas practice known as “fracking” and related surface activities, such as storage of toxic post-fracking fluids. This ban was instituted by the citizens of Longmont in an amendment to the City Charter, Article XVI , the Longmont Public Health, Safety and Wellness Act.

The people of Longmont by an overwhelming vote of 60% (more than 25,000 people), voted in the November, 2012 election to amend the City Charter to ban fracking, affirming their intention “to protect themselves from the harms associated with hydraulic fracturing, including threats to public health and safety, property damage and diminished property values, poor air quality, destruction of landscape, and pollution of drinking and surface water.” This historic ballot measure was spearheaded by Our Health, Our Future, Our Longmont (Our Longmont).

“We are taking this action because we hope to affirm the rights of citizens and communities to guarantee a safe and healthy environment for themselves and future generations,” said Michael Harris, Director of the University Of Denver Sturm College Of Law Environmental Law Clinic. He continued, “We are honored to represent Our Longmont, Food & Water Watch, the Sierra Club and Earthworks.”

The Colorado Constitution confers on all individuals certain inalienable rights. These rights are expressed in the Colorado Oil and Gas Act, which requires that oil and gas resources be extracted in a “manner consistent with the protection of public health, safety and welfare.”

“The extraction process of hydraulic fracturing has not been proven to be safe,” said Kaye Fissinger, managing member of Our Longmont. “Further, the State of Colorado has created a situation where the commission that oversees the oil and gas industry has an inherent conflict of interest. It cannot simultaneously foster the development of oil and gas and protect the health, safety and welfare of the citizens.”

“The dangerous, toxic practice of fracking has been a matter of grave importance to the people of Longmont since October of 2011,” said Michael Bellmont, spokesperson for Our Longmont. “To assure the protection of those in our community, Our Longmont undertook a petition drive to place the charter amendment on the ballot. In November, our citizens exercised their rights to self-determination, also guaranteed under Article XX of Colorado’s Constitution. In light of the Colorado Oil and Gas Association’s attack, it is necessary that citizens participate in the judicial process to guarantee our constitutionally protected rights. It is for this reason Our Longmont and others have moved to intervene,” Bellmont said.

Food & Water Watch provided invaluable assistance to Our Longmont throughout the effort to qualify and pass Longmont’s charter amendment. Sam Schabacker, Mountain West Regional Director for the organization, said, “We were delighted to be able to help the citizens of Longmont prohibit the dangerous industrial practice of hydraulic fracking and are pleased to be able to continue to support them. We have every confidence that the courts will reject the claims of the Colorado Oil and Gas Association and preserve Longmont’s constitutional and home rule rights.”

According to Eric E. Huber, Senor Managing Attorney for the Sierra Club Environmental Law Program, “This lawsuit could have a precedential effect throughout Colorado as other communities work to pass similar prohibitions on fracking and the disposal of its waste products within their boundaries.”

Bruce Baizel, Director of Earthworks’ Oil & Gas Accountability Project, said, “The citizens of Longmont took this action because they don’t trust state regulators to protect them. Rather than sue communities acting to protect their public health, industry and the state should be addressing legitimate community concerns by putting the public’s health before industry profits.”

Our Health, Our Future, Our Longmont, is a group of concerned citizens from throughout Longmont. We believe that Longmont has a constitutional right to protect the public health, safety, and welfare of our community. Our goal is to preserve the quality of life in our exceptional city. By so doing we will preserve our economic vitality, our home values, our water, parks, wildlife, lakes, trails, streams, open space, and recreational areas for ourselves and future generations. www.ourlongmont.org,

Food & Water Watch is a consumer organization that advocates for common sense policies that will result in healthy, safe food and access to safe and affordable drinking water. It’s essential that these shared resources be regulated in the public interest rather than for private gain. www.foodandwaterwater.org,

Sierra Club is America’s largest and most influential grassroots environmental organization with more than 2.1 million members and supporters nationwide, including 160 members in the City of Longmont. In addition to creating opportunities for people of all ages, levels and locations to have meaningful outdoor experiences, the Sierra Club works to safeguard the health of our communities, protect wildlife, and preserve our remaining wild places through grassroots activism, public education, lobbying and litigation. http://rmc.sierraclub.org

For 25 years, Earthworks has been dedicated to protecting communities and the environment from the impacts of irresponsible mineral and energy development while seeking sustainable solutions. http://www.earthworksaction.org.

Fracking: Colorado’s dystopian nightmare

Editor’s Note: Phillip Doe leaves no stone unturned in describing the dangers and destruction that arise from every aspect of horizontal fracking. It’s a must-read for anyone who truly wants to understand the devastation that the oil and gas industry is wreaking on the people and resources of Colorado with the collaboration and complicity of the state’s government.

I went to a meeting earlier this winter in the Colorado Governor’s Office. I’m not a regular. The Governor, John Hickenlooper, Hick to his friends, had called the meeting with Boulder County Commissioners to discuss the county’s draft regulations governing the recovery of oil and gas found in the county’s deep underground shale formations. The fact is that most of the state is underlain by these ancient and organically rich seabeds. All are ripe for exploitation through the use of the industry’s new mining technique called horizontal fracking.

Drilling activities along both sides of the Colorado River, Interstate 70, and the Amtrak rail lines in Garfield County, Colorado. Photo courtesy of TEDX The Endocrine Disruption Exchange

Drilling activities along both sides of the Colorado River, Interstate 70, and the Amtrak rail lines in Garfield County, Colorado. Photo courtesy of TEDX The Endocrine Disruption Exchange

In his haste, the governor had apparently forgotten that such meetings require the public be notified at least 24 hours in advance so they can listen in on the public’s business. This law has been on the books since 1972 and is widely used, but imperfectly understood, apparently, by the governor and his lieutenants. Hick was a long-term mayor of Denver before becoming governor. Its use is commonplace in city government.

To an outsider this meeting might sound like a tempest in a teapot, but as in most states with oil and gas reservoirs made recoverable through fracking, the state government of Colorado has said that it, and it alone, has the authority to regulate the oil and gas industry . The counties and cities may write their own regulations, but they must be in “harmony” with the state’s, and can not add conditions or requirements that would harm the industry’s bottom line. They are “preempted” from doing so.

 One of several 400-bed housing complexes (man-camps) for gas field workers. This one is located on the top of Colorado’s Roan Plateau. Photo courtesy of TEDX The Endocrine Disruption Exchange

One of several 400-bed housing complexes (man-camps) for gas field workers. This one is located on the top of Colorado’s Roan Plateau. Photo courtesy of TEDX The Endocrine Disruption Exchange

With the Boulder contingent, Hick started out by telling them that as a businessman and brewpub owner he’d never been sued; that he’d always been able to broker a deal, that he hoped a deal could be made with Boulder County government.

He went on to say, obligatorily, that he thought public health had to be protected, but added quickly that the oil industry’s property rights must also be protected. To this observer most of what he asserted concerning protecting the public’s rights and investigating their concerns is contradicted by the facts.

For example, he said nothing about the fact that he had already sued the city of Longmont , a city of 86,000 within Boulder County, over its regulations. Longmont’s regulations, labored over by a cautious oil lawyer, but eminently decent man, did not ban fracking within the city, as many wanted, but did make residential neighborhoods, schoolyards and the city’s open spaces off-limits to drilling by the industry.

Hick had sued over these regulations for not being in harmony with the state’s, whose only spacing restriction is that wells must be at least 350 feet from any residence or building in urban areas. Rural restrictions are even more favorable to the industry. There, only a 150 feet setback is required. Some wag has observed that under state planning guidelines a rural folk is worth less than half a city folk, less even than the three-fifths slaves were worth in the “original” Constitution.

Fracturing operation on top of Colorado’s Roan Plateau. The green tanks (nearly 100 in this photo) hold the fluids for fracturing and then the fluids that return to the surface after fracturing. Note the tunnel in the upper left, built as a shortcut to a highway. Photo courtesy of TEDX The Endocrine Disruption Exchange

Fracturing operation on top of Colorado’s Roan Plateau. The green tanks (nearly 100 in this photo) hold the fluids for fracturing and then the fluids that return to the surface after fracturing. Note the tunnel in the upper left, built as a shortcut to a highway. Photo courtesy of TEDX The Endocrine Disruption Exchange

In the old days, an oil rig stood 150 feet high, thus the rural setback of 150 feet might protect a house or barn if the rig were to topple. New rigs used in horizontal fracking are sometimes taller according to one retired oil field worker and bitter critic of the industry. The critics are legion. Still, many large, rent seeking ranchers and farmers support the looser rural restrictions.

In reaction to the state’s lawsuit against Longmont, citizens launched an initiative to ban fracking altogether within the city. Operating on a shoestring, and laboring against $500,000 the industry dumped on the city to defeat the initiative, the ban vote carried by a remarkable 60/40 margin, demonstrating, perhaps, the power of a well-organized citizenry over big money, even big-oil money.

On the day of this meeting, Hick had not sued over the ban, though he had threatened to do so. In the end, the industry did it for him, with his blessings and encouragement. Indeed as guest speaker at an oil and gas convention in Denver subsequent to the Boulder commissioners’ meeting, he told the assembled oil men that he would bring the full might of the state to bear on their behalf if the industry were to sue over Longmont’s ban. Some find this bully pulpit cheerleading incredible.

Still, on this day he was most keenly interested in seeing that Boulder County did not also author another ban on fracking or enact something more stringent than the state’s rules. He was not openly threatening, but everyone knew the Longmont background.

One of the county commissioners, Will Toor, told the governor that in his judgment a countywide ballot initiative banning fracking, if there were to be one, would pass on a 60/40 basis, just like in Longmont.

U.S. Rep. Jared Polis (D-CO), a smart politician, added that he thought the state rules should be a floor, not a ceiling, that the local governments should have that prerogative under their charters. Hick, somewhat surprised if not openly flustered, shot back that they weren’t ready to talk about that. Polis said that he thought that was what they were there to talk about. Clearly, deal making was not really on the agenda.

Later, in the hallway outside the governor’s office, Polis told one of the mothers who had attended the meeting that if an oil well were to be drilled in his backyard he would move. Many would agree, but not many are multi-millionaires like Polis. The mass of humanity, if Hick has his way, will have to endure the toxic fume garden the industry is building in neighborhoods across the state.

Two drill rigs working on a pad where ten wells have been previously completed. In the bottom right you can see ten recovery water tanks. Note also the reserve pit by the drill rigs. Photo courtesy of TEDX The Endocrine Disruption Exchange

Two drill rigs working on a pad where ten wells have been previously completed. In the bottom right you can see ten recovery water tanks. Note also the reserve pit by the drill rigs. Photo courtesy of TEDX The Endocrine Disruption Exchange

So what about the contentions of citizens that fracking is unsafe, despite the industry’s bemused denials to the contrary?

The 2005 Energy Act is a good starting point for this discussion. Written only two years after the first horizontally fracked well was successfully drilled, the act was widely reported to have been written by the industry in the comfort of Vice President Dick Cheney’s office, himself the former head of Halliburton Industries, one of the major providers of fracking fluids, an immensely profitable product according to industry observers.

The Act of 2005 is the culmination of a 40-year oil industry lobbying effort in Washington to exempt the industry from practically every foundational health and environmental law on the books. Not even the casino players on Wall Street have been as successful in creating a regulatory world to their liking. The bilking and mayhem are easy thereafter, as we’ve all seen.

Only one reasonable conclusion can be drawn from this sustained lobbying effort, the practice of horizontal fracking is most assuredly not safe. Otherwise there would have been no need to rip out more than 40 years of public health and environmental law from the pages of our civic history.

Drill rig working near Divide Creek in Western Colorado where methane bubbled into the creek during previous drilling activity. You can see two smaller reserve pits and a larger evaporation pit. Photo courtesy of TEDX The Endocrine Disruption Exchange

Drill rig working near Divide Creek in Western Colorado where methane bubbled into the creek during previous drilling activity. You can see two smaller reserve pits and a larger evaporation pit. Photo courtesy of TEDX The Endocrine Disruption Exchange

Notes on the air we breathe, and other acts of faith

Air and water quality issues are so ubiquitous in areas invaded by the industry that summarizing is difficult. Most astonishing, however, is that neither Colorado nor the U.S. has undertaken a systematic examination of the thousands of citizen complaints. With regards to air quality, these complaints run from skin rashes, to open sores, to nose bleeds, to stomach cramps, to loss of smell, to swollen and itching eyes, to despondency and depression, even death.

In this federal vacuum, several smaller-scale studies have been undertaken in Colorado.

The first in time was a health assessment commissioned by Garfield County, a west slope county home to roughly 10,000 oil and gas wells. The Colorado School of Public Health (CSPH) conducted it at the invitation of the county government. That same government curtailed it when the results were thought to be too alarming. Among the findings were high levels of benzene, a known carcinogen, at and near well sites. In fact, the assessment states that even at distances of 2,700 feet from a well site, toxic chemicals were still detectable at levels that would increase the chance of developing cancer by 66 percent based on published health standards.

I asked the authors of this study if the governor or any members of his staff had contacted them to discuss the assessment. Remarkably, they said, no. Strange indeed, since this study figured prominently in Governor Cuomo’s announcement that New York State was placing an indefinite moratorium on fracking until the health and environmental impacts of fracking were better understood.

Only weeks old, a first-of-its-kind study from The Endocrine Disruption Exchange , TEDX, measured more than 44 hazardous pollutants at operating well sites, again in Garfield County. Many of them are known to impact the brain and nervous systems; some are even known to harm the hormonal system of unborn babies. The study found prevalence of the pollutants up to .7 of a mile from the well site.

The lead scientist and head of TEDX, Dr. Theo Colborn , an environmental health analyst, who happens to live in Paonia, Colorado, at the doorstep of drilling in Garfield County to the north, has called for the U.S. to make further studies of these chemicals and their impact on all life, right down to the molecular level. Dr. Colborn even sent a letter to the President Obama and First Lady. Here is a video of Dr. Colborn reading the letter she sent to the President Obama and First Lady:

Another peer reviewed 2012 study out of Cornell’s College of Veterinary Medicine supports Dr Colborn’s results. That study headed by a professor of molecular medicine, Robert Oswald, and veterinarian Michelle Bamberger found significant health links between fracking and livestock exposed to fracking’s air and water byproducts. These animals suffered neurological, reproductive and gastrointestinal disabilities.

The National Oceanic and Atmospheric Administration (NOAA) has one of its high tech air monitoring towers located outside the small town of Erie, Colorado. There are five nationally. It recently released the results of long-term monitoring of air quality at Erie. The results are alarming and consistent with the TEDX and CSPH studies.

Perhaps the study’s most damning finding was that Erie, a bucolic town of roughly 18,000 folk, has air quality spikes, particularly methane and butane spikes, that exceed by 4 to 9 times those of Pasadena, CA, a suburb of Los Angeles, and Dallas, Texas, two cities with some of the worst, health threatening air in America.

NOAA reported that fully 4 percent of the methane gas produced in the Wattenberg field is leaked to the atmosphere and therefore never brought to market. The same NOAA team last year found that 9 percent of the produced gas was being leaked to the atmosphere in a large gas field on mostly Indian land in north central Utah. These percentages do not include gas that is intentionally burned off, called flared by the industry, as an operational prerogative open to the industry without regulatory penalty.

Natural gas processing plant in Ignacio, Colorado. Photo courtesy of TEDX The Endocrine Disruption Exchange

Natural gas processing plant in Ignacio, Colorado. Photo courtesy of TEDX The Endocrine Disruption Exchange

That Erie should share this dubious unhealthy air honor with the likes of Pasadena and Ft Worth can only be explained by the fact that it sits at the western extreme of one of the largest gas fields in the U.S., the Wattenberg Field.

The industry has tried to finesse the NOAA findings by claiming the high readings are from auto emissions along the interstate west of the city. NOAA has correctly pointed out that methane and propane are not auto exhaust products. They are clearly indicators of the massive volume of volatile organic gases escaping from oil wells and pipelines in the Wattenberg.

Adding to the science, a recent article in the journal Environmental Science and Technology , concluded from examining the NOAA data that oil and gas activity in the Wattenberg field “contributed about 55 percent of the volatile organic compounds linked to unhealthy ground-level ozone.”

This field, home to about 20,000 wells, is in Weld County, which Erie straddles. It and Garfield County are the epicenters of drilling in Colorado, but the industry sensing Croesus-like riches is branching ever southward and westward from Weld toward Colorado’s population centers. Like Croesus, the industry may have crossed a river of growing discontent that will eventually prove its undoing.

Glycol dehydrators for five wells. These separation units remove water and noxious gases, such as benzene, toluene, ethylbenzene and xylene (BTEX) from the natural gas. The tall pipe is for flaring the BTEX and other unwanted gaseous material. The water is then stored in tanks until it can be trucked to evaporation pits. Some dehydrators are connected to pipelines that carry the water directly to waste processing pits. Photo courtesy of TEDX The Endocrine Disruption Exchange

Glycol dehydrators for five wells. These separation units remove water and noxious gases, such as benzene, toluene, ethylbenzene and xylene (BTEX) from the natural gas. The tall pipe is for flaring the BTEX and other unwanted gaseous material. The water is then stored in tanks until it can be trucked to evaporation pits. Some dehydrators are connected to pipelines that carry the water directly to waste processing pits. Photo courtesy of TEDX The Endocrine Disruption Exchange

Too little noted in the Colorado fracking saga is what the NOAA study underscores. Methane, a gas with 105 times the heat capturing capacity of CO2 over a 20-year time horizon, is escaping at alarming rates from oil and gas drilling sites and pipelines.

To even consider methane recovered through fracking as an effective transition fuel in the fight against climate change , natural gas releases would have to be at less than two percent of volume. Presently, scientists at Cornell University estimated releases of methane to be at 4 to 7 percent of product recovered, making it worse, over the critical short term, than coal for climate change. This is of course without regard to the huge quantity of gas that is flared to the atmosphere as CO2.

An effective zero emission standard for health threatening and climate warming volatile gasses such as methane is technologically reachable, but don’t expect it to be part of Colorado oil and gas rule making. Here, the “little guys” in the drilling business are sometimes given exemptions from even the most rudimentary health considerations such as requiring enclosed holding tanks for fracking return water, deceptively called, green completion. The state’s position is that these “small guys” are not technologically equipped to install these tanks, which, in reality, are only a halfway measure, but better than open pits. Such a requirement would put them out of business says the state’s regulatory agency, the Colorado Oil and Gas Conservation Commission (COGCC). This agency has a dual charge. It is also charged with protecting public health.

One activist mother from Erie told me that the COGCC’s environmental exceptions for technologically challenged drillers is like arguing that a person who flunks out of medical school should still be allowed to perform brain surgery because that was his expectation and his monetary well being depends on it. Clearly, public health does not lead the list of governmental concerns at fracking discussions.

Compression station with separation unit. The separation units remove water from the gas as it comes into the facility and before it goes into the pipeline. For safety purposes, the gas must enter the pipeline at a pressure greater than that of the existing natural gas supply line. Huge diesel-driven fans cool the generators that create the pressure. Photo courtesy of TEDX The Endocrine Disruption Exchange

Compression station with separation unit. The separation units remove water from the gas as it comes into the facility and before it goes into the pipeline. For safety purposes, the gas must enter the pipeline at a pressure greater than that of the existing natural gas supply line. Huge diesel-driven fans cool the generators that create the pressure. Photo courtesy of TEDX The Endocrine Disruption Exchange

So, despite all the compelling evidence to the contrary, we are still assured by the industry that all is well. Our air is safe. Hick, like them, is confident in the wisdom of not knowing, though just recently he did make a bow toward sanity by asking for a little over one million dollars for air quality studies. Dr. Colborn, operating on a very tight budget, spent more than $400,000 monitoring the air emissions from just one well in Garfield County.

The governor, however, is not alone in singing the virtues of ignorance. Last year, the U.S. Environmental Protection Agency (EPA) inexplicably eliminated air quality impacts from its long awaited environmental study of fracking. A draft of this study will be released in 2014, with a final promised in 2015 after it has been peer reviewed by industry soldiers, sans air.

Insider review by the industry of its own operations has led my friend Wes Wilson, a retired EPA environmental engineer, to simply shake his head in disbelief. Undue industry influence is what caused him to blow the whistle on EPA’s Bush era white wash of fracking’s potential impact on public health back in 2004.

“We didn’t ask BP to participate in the evaluation of the DeepWater Horizon disaster in the Gulf. That would have caused howls of outrage from the public,” says Wilson. “We should feel the same outrage here, for, in truth, the impacts of fracking, as presently practiced, will have a much greater impact on public health and the environment than DeepWater.”

Three-tiered evaporation pit complex near Interstate 70 and the Colorado River. Photo courtesy of TEDX The Endocrine Disruption Exchange

Three-tiered evaporation pit complex near Interstate 70 and the Colorado River. Photo courtesy of TEDX The Endocrine Disruption Exchange

Notes on the water we drink, and some we shouldn’t

Water use has received more attention, perhaps, than air quality in the Colorado debate over fracking, for after all, you can see it, but still it is in the not-to-worry register of state politics. Water is said to be king in the west, but from a regulatory standpoint it is a true pauper.

In Colorado, water is owned by the public, so says the state’s constitution, but it is treated as private property, most of it controlled by big agriculture and ranching, many of the same rent seekers who champion the irrational 150 foot setback.

Some background information is necessary to understand the potential impact of fracking on Colorado’s water, which, as many know, is projected to be a dwindling resource in the West as a result of climate change.

A grassroots organization, Be the Change , of which I am a board member, has aggregated information from state and federal websites on land leased to the oil industry. Be the Change did this because neither the state nor feds would, though they’ve been asked to do so, repeatedly.

Their calculation shows that at the start of 2012 approximately 9,000 square miles of public land in Colorado had been leased to the industry. This is roughly 10 percent of the state. Private land leases are thought to be greater, realistically much greater since most of the land in the Wattenberg field and on Colorado’s eastern plains is private. Thus, conservatively, 20 percent of the state is effectively owned by the oil and gas industry. Mineral rights overwhelm the rights of surface owners. This, too, is a source of concern and outrage by urban dwellers who never, until now, thought they would have to deal with an oil well as a fire-belching, air-choking neighbor.

The public/private leases combined constitute a landmass greater than that of nine states and rivals the size of West Virginia, a truly unfortunate arithmetic coincidence. But West Virginia will soon be left in Colorado’s exhaust since approximately 70 percent of Colorado is underlain by these deep oil bearing shale formations, and new leasing is continual, perhaps in the 1,000 square mile range annually.

Three-tiered evaporation pit complex for processing water from gas wells. Trucks unload water at the upper tier, allowing it to evaporate as it falls. The white dots in the pits are ‘misters’ to enhance evaporation. Photo courtesy of TEDX The Endocrine Disruption Exchange

Three-tiered evaporation pit complex for processing water from gas wells. Trucks unload water at the upper tier, allowing it to evaporate as it falls. The white dots in the pits are ‘misters’ to enhance evaporation. Photo courtesy of TEDX The Endocrine Disruption Exchange

The Bureau of Land Management (BLM), for example, sold off about 69,000 acres on Feb. 14 of this year. About 25 percent of the parcels went for $2 an acre, a minimum rate established in 1922 and that hasn’t been adjusted since. A quarterly event, dependent primarily on the interest expressed by industry speculators who nominate the land, this sale was originally scheduled for roughly double the acreage, but objections were great from the public, with the result that considerable land was withdrawn, at least temporarily. The BLM, when assessing suitability for oil and gas leasing, is often operating from environmental documents that are more than 30 years old, well before horizontal fracking with its huge water requirements was even dreamt of. These leases are for 10 years. The state has a similar minimum, but its leases are for a shorter five years, with a one year option.

Surely, someone, maybe even the governor, should want to know how this staggering transfer of ownership, for that is effectively what an oil lease is, will impact the state’s land, water, wildlife and recreation base. This knowledge is particularly important if one is interested in the potential water demand of thousand of fracked wells on these ever growing 20,000 square miles of oil leases. By comparison, the Bakken oil field in North Dakota , the new darling of the industry, is thought to measure only about 15,000 square miles.

Governor Hickenlooper at a recent meeting of the big water users and developers in the state said, unremarkably, that water is our most important resource. One could hope he was channeling W.H. Auden who observed, “Thousands of people have lived without love, but no one has lived without water.”

Unfortunately, the evidence suggests that Hick’s recitation was one of those made-for-the-audience statements, containing not even the least notion of what it was going to take to protect Colorado’s water in the face of massive new industrial demands from fracking.

The estimates for the number of new wells in the state over the long term are dicey, at best. The state has made none and apparently has no plans to do so. Thus, a swipe-at-the-sky estimate using industry statements made in public forums must serve as the basis for an estimate. An industry hydrologist said at a public meeting in Castle Rock, CO, a couple of years ago that they expected 60,000 new wells in the state over the next 20 years. More recently an industry spokesperson said that there could be 100,000 new wells in the state in 30 years. These would be in addition to the industry’s 50,000 presently producing wells in the state. These projections are not out of line with the estimated acreage under lease to the industry.

The 100,000 new well projection also jibes with recent drilling permit data. Last year 3,770 drilling permits were approved. If this number were to be repeated annually over the next 30 years, we might expect at least 100,000 new wells. In 2007, before natural gas prices tumbled from the production glut, 8,000 new well permits were approved. So, a projection of 3,300 new wells a year, where oil is the prize, not gas, is well within historical bounds.

Private evaporation pit for a complex of wells owned by a single company. Notice the white water truck with a red cab, emptying into the pit. Photo courtesy of TEDX The Endocrine Disruption Exchange

Private evaporation pit for a complex of wells owned by a single company. Notice the white water truck with a red cab, emptying into the pit. Photo courtesy of TEDX The Endocrine Disruption Exchange

A wild card factor in the estimate game is the rarely discussed possibility that many of these wells will be refitted to tap different shale formations both above and below the Niobrara formation which is currently the big play—apparently an ersatz gambling term the industry likes to use to describe its development activities. These formations number as many as eight in some parts of the state. Development of these other shale formations would also increase well and water demand numbers.

As a general rule a vertically fracked well, which almost all of the 50,000 presently producing wells are, requires about 250,000 gallons of water in the initial frack. They can be and often are fracked multiple times to keep the oil and gas moving to the surface.

The new horizontally fracked wells take much more water, approximately five million gallons per well for the initial frack. They, too, it is thought, will be refracked, but the frequency is unknown given the activity’s infancy. The head of technical development for Halliburton has said, however, that refracking will require marginally more water with each refrack to be affective.

For purposes of attempting to estimate the overall water demand from fracking over a 30 year planning horizon, we can posit that by the year 2043 about 80 percent of the 100,000 new wells would be horizontally drilled and that the remaining 20 percent would be vertically drilled. This extremely conservative configuration would result in a water demand of 13.4 billion gallons for new wells in that year, or in the language of water planning, 41,000 acre feet. (An acre-foot, af, is 326,000 gallons, the amount of water required to cover an acre of land to a depth of one foot).

It is extremely important to note that water use by the industry is like no other. When they use water, they destroy it for any other use. When cities and agriculture use it, about 50 percent of it is returned to sustain streams and be reused by those downstream. So, while 41,000 af would be enough water for the domestic needs of about 410,000 people only half of it is actually consumed, with the other half being available for, in this example, another 410,000 people downstream.

By comparison, when the industry uses 41,000 af of water it consumes it all; thus, in reality, it is using enough water for the domestic needs of more than 800 thousand people. This consumption calculation is usually overlooked or ignored by industry apologist, both inside and outside government.

And remember something approaching the 41,000 af of annual demand in the 30th year would have been necessary to the industry for many years prior. Indeed, such demand might continue on indefinitely into the future, depending on the industry’s level of success in mining the multiple shale formations that underlie much of the state.

Still, it’s when one attempts to add in the potential water demand from refracking existing wells that the gallons begin to resemble something even Henry Paulson would recognize as really big.

For example, if one fifth of all wells needed to be refracked every year to sustain some level of production in a population consisting of 80 thousand horizontally fracked wells and 70 thousand vertically fracked wells, the annual water requirement, in the 30th year, could exceed 270,000 af annually, or enough water for the domestic needs of over five million people since fracking’s demand is based on 100 percent consumption or destruction as explained above. And here again something resembling this water requirement for refracking would have been required for many years previous and many years following. By comparison Denver’s present annual water demand, both residential and industrial, is approximately 240,000 af, only half of which is actually consumed.

And even if only one tenth of all wells needed to be refracked annually, the demand, based on 100 percent consumption, when added to what is projected for new wells is still staggering. This is particularly so in light of the fact that all of Colorado’s rivers on the front range, generally the rivers draining the east side of the continental divide, are already over appropriated; that is, there are more people with water rights than there is water to satisfy those rights. In fact, the taxpayers of this state have paid hundreds of millions of dollars to neighboring states, either through cash penalties or other forms of compensation, for water the state’s agricultural users have stolen.

Cannons shooting water to increase evaporation at the Ignacio natural gas processing plant. Note the cracks in the dirt berm in the foreground. Photo courtesy of TEDX The Endocrine Disruption Exchange

Cannons shooting water to increase evaporation at the Ignacio natural gas processing plant. Note the cracks in the dirt berm in the foreground. Photo courtesy of TEDX The Endocrine Disruption Exchange

A few years back, the U.S. Supreme Court in ruling against Colorado in the Arkansas River case said, condemningly, that Colorado knew or should have known that it was stealing water that belonged to Kansas. The taxpayers have always paid the costs of reparation, not the farmers who stole the water, but that is old news.

Add to this mix that climate change is predicted to reduce snow pack and runoff in the southern Rockies. In fact, the U.S. Bureau of Reclamation in a new study predicts the annual flow of the Colorado River will be reduced by nine percent because of future temperature increases caused by climate change. It did not look at additional decreases that might result if the snow pack were also diminished. But NOAA has added to the grimness of our water future in a new report that projects a 10 percent to 20 percent reduction in Colorado’s snow pack by 2100 if CO2 emissions continue to grow at a modest rate. Thus further diminishing spring runoff to the Colorado and other rivers heading in the state, as well. Always, the Colorado River has been the river the water tycoons have targeted when more is needed, and more is always needed as long as the public can be gulled into paying for development.

One could argue that using some portion of the public’s water for fracking couldn’t possibly be any worse than using it to raise corn which is then turned into ethanol. Ethanol is probably a net energy loser. Some may recall that Cornell’s Professor Pimentel, among others, argued back in 2003 that it took more energy to produce ethanol than it generated. In Colorado, about 86 percent of the public’s water is used by agriculture, much of it to grow corn. Nationally, about 40 percent of all corn is converted to ethanol.

Alas, science-based assertions that ethanol was just another chimera did not stop the U.S. from adding requirements that some portion of every gallon of gas sold in this country has to contain the stuff. This came to be in that glory of American law making, the aforementioned Energy Policy Act of 2005. The virtue of ethanol in our gas tanks was a favorite nostrum of then Senator Ken Salazar. He, advertising himself as the senator for rural America, said ethanol would save the country. Colorado, incidentally, is one of the most urbanized states in the union. Salazar will soon be returning to the state since his resignation as Interior Secretary. The Denver Post is already touting him as a gubernatorial candidate in 2016, presumably after Hick leaves to run for President, an idea floated most recently in a New York Times editorial. He should have the oil industry’s financial backing.

Still if the oil industry wants the public’s water in what, by any reasonable yardstick, will be significant quantities, there should be a wide ranging public discussion of our water dilemma and how best to guarantee a future that protects the public’s water resources and the natural splendors of the state. That discussion does not seem to be on the Governor’s radar. He, in fact, has said repeatedly that he hopes the concept of self-regulation can continue to form the underpinnings for the state’s relationship to the industry.

In Colorado, trucks haul fluids more than 100 miles one-way into Utah on Interstate 70 (where the speed limit is 75 mph) to a large open pit facility. Photo courtesy of TEDX The Endocrine Disruption Exchange

In Colorado, trucks haul fluids more than 100 miles one-way into Utah on Interstate 70 (where the speed limit is 75 mph) to a large open pit facility. Photo courtesy of TEDX The Endocrine Disruption Exchange

Industry self-regulation is self-fulfilling in this instance since Colorado only has 16 inspectors to oversee the states 50,000 operating wells. These inspectors have responsibility over the state’s 80,000 non-operating wells, as well. Further complicating enforcement is the fact the state regulations disallow local environmental, health, and law enforcement staff any independent inspection or enforcement powers. It would seem that we have self-regulation by design.

The potential demands on Colorado’s fresh water should alarm every sentient being in the state. It’s too bad most of them have no recognized rights.

Equally disturbing is the way the industry is allowed to dispose of the polluted water that returns to the surface as part of the initial oil and gas production phase. Most of this flow-back water, as it is termed, is trucked off and reinjected into old wells that have been authorized for the purpose. Called Class II wells, about 200 of them are being used for fracking wastewater disposal , though the COGCC, recognizing the huge long-term demand, has recently drafted new regulations that would allow all nonproducing wells to become disposal wells. As I stated earlier, roughly 80,000 of these wells pock the state.

Some of course probably won’t be tapped, for some are within yards of schools and playgrounds and some others will be reopened given the new technology. Some others as Shane Davis of Fractivist has shown in his invaluable study of wells in Weld County actually are shallowly buried beneath new housing. Their reuse might prove difficult. Some sense of the magnitude of the potential waste-water disposal problem is gained by looking at the situation in Texas. There, according to state data, more than 50,000 disposal wells are used to service 216,000 active drilling wells.

It would be folly to deny, as one bobs down the vast river of deregulation big money and political mendacity have created under the guise of job creation, that the greed heads don’t rule the regulatory world in Colorado, if not the nation. In this regard Colorado looks a lot like Nigeria.

How much frack water is disposed of through the above described process? Well, from information gained from state studies done in North Dakota—there are no comparable studies available in Colorado—early returns of water from a newly fracked well vary from 11 percent to more than 50 percent of the injected water.

In addition to the early flow-back water, other water, called produced water, continues to be carried back to the surface over the operative life of the well, though in much reduced quantities. It too is destined for the reinjection graveyard. Information gathered in Texas, where disposal tracking is valued, suggests as much as 70 percent of the initial frack water volume, eventually, may have to be reinjected into disposal wells.

Although there is some reuse of frack water in the field, whatever is left is ultimately reinjected. Many alarms are being sounded about this practice. The former chief scientist in EPA’s Class II well permitting program has become suspicious of how the program is metastasizing well beyond its rather modest beginnings and has warned that all of these supposedly safe disposal wells will ultimately leak and, therefore, hold the fearful potential of infecting surrounding groundwater.

Mark Williams, a University of Colorado hydrologist studying western energy development is quoted in a recent ProPublica article as saying, “You are sacrificing these aquifers … By definition, you are putting pollution into them. … If you are looking 50 to 100 years down the road, this is not a good way to go.”

The seriousness of his assessment is given new meaning by the fact that in Mexico City deep aquifers, more than a mile deep, are being considered as a new long-term water supply as traditional sources dry up or become overtaxed.

Many other physical scientists have sounded the same alarm about production wells. Perhaps chief among them is Cornell Professor Anthony Ingraffea , himself a former industry scientist. It is his estimation that about seven percent of wells will leak almost immediately, 60 percent will leak in 30 years, and all will eventually leak. His concerns are more than borne out by a Duke University study in the Pennsylvania Marcellus showing remarkably high incidences of groundwater contamination associated with relatively new fracked wells. The industry has rolled up into its traditional pill-bug denial configuration, deflecting all charges.

Despite the industry’s trademark see-no-evil stance, some of the industry’s own studies relate the danger and substantiate Professor Ingraffea’s research. Schlumberger the industry’s clear leaders in fracking technology, along with Haliburton, said early on that under sustained well head pressure five percent of wells would fail within a year, 26 percent of wells at age four and 60 percent would fail at maturity, 32 years.

A 2009 study by members of the Society of Petroleum Engineers reached similar conclusions. Neither of these last two studies could be confused for the ranting of fire-breathing Jacobins.

In Colorado roughly 60 percent of the state’s water is groundwater. Much of it may be at risk if the production and injection free-for-all continues. And if that weren’t enough we can add that we don’t really understand the nature of the risk since we don’t know the chemistry of the water being injected. Yes, this water is largely unmeasured as to it constituents because it is exempt from the requirements of federal environmental law.

But consider this, in Douglas County south of Denver, one of the richest counties in the nation, ground water overdrafting is of epidemic proportions, having fallen more than 300 feet as a result thereof. It may be that in the future, a significant part of the supply for those inhabitants will have to come from even deeper aquifers. Will those aquifers be polluted and rendered unusable by our present shortsightedness?

The governor would do well to recognize that in storytelling the fellow who poisons the well is always the villain. Even the greater villain, in the modern day story, perhaps, is the overlord who accommodates it.

End Notes: Down a very deep rabbit hole

Not long ago a New York Times editorialist asked, given our plodding indifference to climate change, if we were going to be able to “avoid the greatest intergenerational environmental injustice of all time?” The fellow asking the question was Thomas Lovejoy, a professor of science at George Mason University and chairman at the H. John Heinz III Center for Science, Economics and the Environment.

His answer was muffled in doubt. In particular he wondered if we could act soon enough to limit heat-trapping gasses from exceeding the critical threshold of a 2 degrees C increase by 2100. True, many of us will be dead by 2100, I for sure. But my grandchildren and yours might not be if we act quickly to embrace a concept Nathaniel Hawthorne called the magnetic chain of humanity, but, of course, any variation on the notion that we-are-all-in-this-together will do.

Our link in this magnetic chain would be to simply insist that all venting and flaring of gasses at wellheads must cease except in the case of emergency.

As stated earlier, the technology is already developed to accomplish this. In addition, state law forbids waste in the production of natural resources. But that prohibition has probably gone the way of the constitutional prohibition against subsidizing private corporations. They have been overturned by the courts in whack-a-do rulings or simply ignored by the political ruling class armed with internal memos undoing the done.

All wells could not be converted at once, of course. So closures would have to be instituted until they could be. After all, waste of a natural resource, remember, has long been forbidden by our state law, and as the politicians are fond of saying, this is a nation of laws.

This prohibition would also apply to any new wells in that production could only commence once pipelines were in place to capture both the oil and gas. Oil can be stored on site, but gas cannot, at least not without substantial costs to the industry. This is the reason that in North Dakota the natural gas is simply flared and vented. The waste there was recently described as being great enough to power all the homes in Chicago and Washington, D.C. combined.

Norway, for instance, employees the waste-limiting regimen described above. They allow no production until the infrastructure is in place to capture both the oil and gas produced. Another big difference between Norway and the U.S. is that the resource is treated as a national resource, not one to be exploited by every character with an appetite for riches and who happens to own a checkbook, a drill bit, and a pickup. Denmark’s production is regulated as well to serve the national needs and accounts for over 25 percent of national revenues annually, though most goes into a rainy day trust fund for when the oil peters out.

Unlike Norway we continue down a path laid out by the industry. Waste, while illegal, is acceptable as long as it serves the industry’s bottom line. The true extent is unknown because it is unmeasured by the state. Thus, we are reduced once again to making our own calculations. So, if from four to seven percent of the 1,500 billion cubic feet of gas produced in Colorado in 2011 were lost through a leaky process as documented by NOAA and calculated by Ingraffea and others, we, in Colorado, would have wasted between 60 billion and 105 billion cubic feet of methane gas to the atmosphere. This is enough gas to heat between 750 thousand and 1.3 million Colorado homes. According to the census there are 2.2 million housing units in the state.

If we add in the amount of gas that is flared, which is almost certainly a greater amount, we can see that what is wasted in Colorado might not heat all the homes in Chicago and Washington D.C. combined, but is certainly enough to heat all the homes in Colorado.

For the public to regain control of the water it owns, several things need to be done? First, and most importantly, a serious water demand study with projections extending out at least 30 years must be conducted. Factored into these projections of demand must be a realistic examination of the sensitivity of our future water supply to climate change.

The reality of climate change has simply been ignored as the water buffaloes continue to look at the worn out solution of more dams financed by the public for the enrichment of the few, most recently the developers, but now, too, the oil industry. In this regard, know that we already have more than 2,000 reservoirs in this state, over half of them on the Front Range. Many often will not fill if climate change hits hard the southern Rockies as many climate scientists predict.

Water conservation, particularly in the agricultural sector which, as stated earlier, uses about 86 percent of the water, will almost certainly have to become more than a politician’s palliative if we are to realize a rational water future. Future conservation might even include the curtailment of corn-ethanol production, with its high demand for water and petrochemical fertilizers—but only if sanity reigns.

The result of the study will indicate where and how much water might be available to the industry. It is quite possible the study under certain climate change futures might indicate no safe availability. In which case, the industry would have to seek more expensive fracking mediums. In British Columbia, propane is reportedly being used successfully instead of water for fracking. Its use has the beauty of simplicity: gas in, gas out, thus, greatly reducing the wastewater disposal factor, though not the groundwater contamination threat.

Clearly, this sort of analysis needs to be done before more land is leased to the industry or more water destroyed. In a rational world, one in which the planet’s and public’s well being came first, this analysis would have been done already and the consequences understood.

Remember, too, that when the climate-change-denying, job-whores start their whine that jobs come before fustian concerns over our constitutional rights to “public peace, health, or safety,” remind them there will be a host of new jobs available in the oil patch. It will take a lot of people to install the controls needed to curb the huge waste of methane into the atmosphere at wellheads and along aging pipelines.

Because we really have no understanding of what we are doing in this dystopian nightmare of our own making, a moratorium on new leasing and horizontal fracking must be instituted. If Hick and his cohorts in the legislature cannot be made to understand our mutual responsibility in the climate change battle, or more personally our responsibility to the health of our fellows, human and otherwise, the folk will have to invoke its right to direct democracy through the initiative process, which our constitution describes as the “first power … reserved by the people.”

Commercial evaporation pits that accept fluids from independent truckers for a fee. Photo courtesy of TEDX The Endocrine Disruption Exchange

Commercial evaporation pits that accept fluids from independent truckers for a fee. Photo courtesy of TEDX The Endocrine Disruption Exchange

The initiative process is hated by the political elite, but it is the grand gift to us from the writers of our constitution who understood the corrupting power concentrated wealth had in the 19th century over federal and state legislatures, particularly as used by the railroad barons. The oil industry is more than a worthy modern-day replacement.

If we assume that, in the near term, some water might be available to the industry as a result of the comprehensive water supply study, the present free-for-all, in which every petty water provider can sell to the industry on the spot market for a tidy profit, must be eliminated

First, speculation in water as a commodity is forbidden by our constitution. If anyone is to receive the benefit of a market sale it should be the public to which the water belongs constitutionally and, in many cases, has paid for through federal and state subsidized water development programs.

Perhaps no one would be surprised, given the lay of the land in Colorado, that even though the public owns the water, it has never received any monetary consideration for the “beneficial use” of that water. On the other hand, if the public ever needs its water back to satisfy a growing population or to restore a river or stream, it must pay a market rate to reacquire it. The state’s constitution says the right for the beneficial use of water shall never be denied, but it does not say that reasonable compensation cannot be built into the transaction.

Secondly, the oil industry, like every other developer in the state, must be made to demonstrate they have a reliable water supply and identify the source of that supply as part of the leasing and permitting process. Evasion of this requirement, as the BLM and the state have allowed, by pretending that there is no relationship between land leasing for oil development and cumulative water demand is nothing short of idiocy. If they lease, we must assume they intend to drill, at least exploratorily, and that water will be the fracking medium.

Moreover, saving any short-term, fresh-water surpluses by injecting them into our rapidly receding Front Range groundwater reservoirs should always be considered. This water-reserving approach would help provide a long-term insurance policy against an uncertain water future, particularly since underground reservoirs tend to collapse once stripped of the structural equilibrium the mined water provided.

A complication in reclaiming the public’s right to protect its water supply from destruction whether by fracking or any other use is contained in a law the legislature passed in 1979. This legislation took deep ground water out of the public estate and gave it to the state water engineer for his administration. This was done so that developers in Douglas County could continue to over appropriate the groundwater that was otherwise threatened by the constitutional requirement to appropriation, that is, you can’t appropriate something that is already used.

To accomplish this slight of hand, they created a new class of water, calling it non-tributary groundwater. Apparently, they would have us believe it came from the center of the earth, not from slow surface percolation into deep aquifers. The result of this misbegotten assault on the public’s estate is a 300-foot decline in the groundwater table, as mentioned earlier. Unwittingly their malfeasance has set the stage for a inevitable fight between the oil industry and the developers over who gets the rest, the stuff the legislature apparently thinks came from the center of the Earth.

In this regard, it should not go unnoticed that in the writing of the state’s constitution considerable debate surrounded who should be the owner of the water in Colorado, the state or the public. The Populists won the day, arguing that if they gave it to the state, the state would let the wealthy and the corporations steal it.

We need to take back what is ours, and, despite the framer’s best efforts, perhaps they knew, someday, we might have to seek our own remedies. Perhaps that’s why they reserved for us the “first right” of legislation, the right of direct democracy, the right of the initiative.

As for Hick, he probably doesn’t agree with any of this. Why only last week he was back in Washington regaling Senators with stories of his derring-do in drinking fracking fluid . If it didn’t hurt him, it must be ok, reasoned he. What he didn’t say was that the fracking fluid he was drinking is quite expensive and is not known to have been used anywhere in Colorado. Equally unclear is whether Hick shows any of the signs Dr. Colborn’s studies indicate are associated with breathing fracking chemicals. Among them are a loss of empathy, smaller head size, and reduced cognitive powers.

As an activist told me at a rally against fracking at the state capitol, he wanted Hick to drive up near Longmont, where a spill of more than 80,000 gallons of green fracking fluid occurred last week, and drink a dram or two of that stuff. He said to those gathered, “now folks, that would be an acid test.”

In the end, if Hick and his administration can’t be turned toward defending the public interest, the public will have to go it alone with the support of a growing number of legislators who know their political future may depend on joining this fight against unregulated fracking. In fact, many are beginning to realize it is not so much a question of political well being as being on the right side of history.

In the short term that means every like-minded community, grassroots and public interest group in the state should sign on to help Longmont in defending its right to ban, either materially, with amicus briefs, or simply in letters of open support.

Last month, the city council of Fort Collins , the state’s fourth most populous city, passed a preliminary ban on all drilling within city limits. It also issued a letter of support to the people of Longmont. Can other cities be far behind?

Visit EcoWatch’s FRACKING page for more related news on this topic.

Wes Wilson contributed to this article.

This article has been reposted from EcoWatch.org with permission of Phillip Doe. – FRL

Fort Collins Bans Fracking as Democracy Comes Alive in Colorado

We the PeopleAlmost exactly nine months ago on May 22, 2012, I wrote an editorial in the Fort Collins Coloradoan newspaper, Fort Collins Should Ban Fracking. And yesterday, on Feb. 19, a sharply divided Fort Collins City Council voted 5-2 to ban fracking in the City of Fort Collins.

Nine months ago the conversation around fracking was relatively new in Colorado and few people and environmental groups were directly addressing it. Now, nine months later, very much has changed—fracking is in the news constantly, many environmental groups are engaged in the fight to stop fracking and the issue is escalating wildly throughout the public across the state.

What has changed in a mere nine months?

First, the threat of fracking has increased dramatically across the residential areas of the Front Range of Colorado. The Niobrara Shale geological formation underlies much of the landscape from Fort Collins all the way around suburban Denver and 150 miles south to Colorado Springs. The advent of horizontal drilling and horizontal hydraulic fracturing technology has allowed hundreds of thousands of acres of land to be leased and eventually fracked. Much of this land is squeezing up against suburban homes, neighborhoods and even schools, and those residents are speaking out in an increasingly feverish pitch. In fact, one of the biggest segments of the population speaking out as “fracktivists” is suburban mothers. And as we see in many types of politics in a purple state like Colorado, when suburban moms take up an issue, elected officials really start to pay attention.

Second, a few activists—in part let by retired U.S. Environment Protection Agency “whistleblower” and Gasland movie star Wes Wilson—started touring the state giving dozens and dozens of presentations to local government officials, local homeowners groups and local activists about the threat of fracking. These activists spent hundreds of hours (and miles) pressing the case that fracking is a serious concern, and left unregulated, fracking could turn many suburban communities into mirrors of Weld County, Colorado (in the northern part of the state) which has more active oil and gas wells (more than 18,000) than any county in the U.S. With those wells has come health problems, air quality problems, water pollution problems, water supply problems, social problems, real estate problems and financial problems. No surprise, but this exploitative extractive industry tends to take the oil and gas—as well as all of the money—and leaves local governments and people with pollution and financial trouble in its wake.

logo_our_longmontThird, a small band of fracktivists in Longmont, Colorado, in part led by a very small contingent of activists from the environmental group Food & Water Watch, made national news when they led a successful ballot initiative to ban fracking in the November 2012 election. This ban occurred with almost no financial backing (less than $20,000), with almost no support from other environmental groups, and through the sheer grit and moxy of its leaders. Further, the Big Oil and Gas Industry spent more than a half million dollars trying to defeat this ballot initiative in a town that cast only 42,773 votes—that’s more than $10/vote. And when the vote was final, the result sent shock waves around the state. Longmont is not a raging environmental hotbed—if a ban could pass in Longmont while being outspent 25 to 1, it could likely pass in nearly any city in the state.

Follow the money will billsFinally, Colorado’s Governor, John Hickenlooper (a former oilman), has become a lightning rod who has rapidly escalated the tension around fracking and infuriated local residents and environmental activists. His anti-environmental, pro-fracking actions—too numerous to count and catalogued elsewhere—include starring in a radio ad for the natural gas industry and recently boasting to a U.S. Senate committee that he drank fracking fluid because it is safe and risk free. Every time he speaks about the issue, he just makes it worse both for him and for the issue—his disrespectful and demeaning attitude towards environmentalists seems to be closely matched by his reckless deception of the public. It’s gotten to the point where the best way to fight fracking in Colorado is to just give the Governor the microphone and wait for him to say something inappropriate and further infuriating.

Nine months ago there was little support for banning fracking in Colorado, and there were hardly any organized groups willing to take it on. Nine months later, the situation has completely changed. Cities like Fort Collins are making clear that it makes no sense to put a ban to a vote when it is almost assured to pass, and so therefore a smart and progressive council has the obligation to pass a ban with a simple ordinance. Further, more than a dozen small ad-hoc “fracktivist” groups have sprouted up around the state pushing their local governments hard and publicly. The group that led much of the fight in Fort Collins is Frack Free Fort Collins, while some of the names of other groups around the state have been more creative like Erie Rising (in Erie, Colorado) and The Rio Grande Watchdogs (in the Rio Grande valley).

With fracking, threat has bred opportunity, and democracy has come alive in Colorado. While it’s profoundly unfortunate that thousands of homeowners are now threatened with the impacts of fracking, it’s also deeply important and powerful that these same homeowners and suburban moms and dads learn how to be active and informed citizens in our democracy. Not only the promise of democracy—but the responsibility of democracy—is becoming real to thousands of people who just a year earlier were likely focused on normal suburban activities.

The Big Oil and Gas Industry doesn’t care and will say and do absolutely anything to anyone in order to increase their short-term profits. But the citizens of Colorado—at least in Longmont and Fort Collins, so far—do care and are learning that they don’t deserve what they’re getting, so they’re fighting for what they want.

Stay tuned and keep watching: Democracy in Colorado is coming alive. And it’s beautiful.

Visit EcoWatch’s FRACKING page for more related news on this topic.

Gary Wockner, PhD, represents Clean Water Action and Waterkeeper Alliance in Colorado. He lives in Fort Collins—Gary@GaryWockner.com.

Reprinted from EcoWatch with permission from the author.

Tell the truth, Wendy.

As a native of Boulder County, and as the son of a man who worked in the oil and gas industry for 35 years, I feel compelled to respond to the hyperbole and melodrama of Encana Oil and Gas’s Wendy Wiedenbeck’s guest editorial (“Anti-fracking activism,” Op/ed Dec. 29). And, as the Colorado director of the national group Food and Water Watch that Wiedenbeck smears, I feel compelled to set the record straight about my organization and the community members that Wiedenbeck depicts as “extremists.”

Being almost completely devoid of facts, Wiedenbeck’s article uses emotional pleas and exaggeration. But what about the peaceful, earnest community members who she derides as “fringe activists?” These are mothers, fathers, teachers and small business people who have, until now, had no say to whether or not the oil and gas industry can put our air, water, soil and property values at risk by dangerous drilling practices like fracking.

Wiedenbeck wants sympathy, but it’s our health, our families’ safety and our communities that are threatened. Let’s examine the factual record.

There are 45,000 fracked wells in Colorado. Increasingly, the oil and gas industry — with the blessing of Governor Hickenlooper — is drilling merely a stone’s throw from our homes, schools, public parks, rivers and streams.

Warning sign on oil and gas condensate tank near homes in Evans COFracking and its associated activities threaten our health. Nearly 25 percent of the chemicals used in fracking could cause cancer; 40 to 50 percent could affect the nervous, immune and cardiovascular system; and more than 75 percent could affect the skin, eyes and respiratory system. With these scientifically documented dangers, why is Governor Hickenlooper’s state regulatory agency permitting companies like Encana to drill wells next to elementary schools in Erie, where data from a recent NOAA study found levels of propane ten times higher than in Los Angeles?

Fracking contaminates groundwater. According to an analysis done by the Denver Post of the state’s own regulator agency’s data, oil and gas has contaminated groundwater over 350 times in the past 5 years. On average, there is more than one spill a day across the state.

It takes 1-5 million gallons of water to frack a well. Each well can be fracked multiple times. Multiply that across the 45,000 wells in Colorado and you get a sense of the sheer volume of water that is being laced with thousands of gallons of toxic chemicals and pumped into the ground. In effect, this water is removed from the hydrological cycle forever. Having just experienced one of our state’s most severe droughts, when 62 out of 64 counties were declared in a state of disaster, it seems unconscionable to continue such wanton destruction of our precious water resources.

Fracking drives down property values. There have been reported cases of home values dropping up to 75 percent due to nearby fracking activity. Increasingly, banks are not granting mortgages to property owners whose land carry oil and gas leases.

Ban Fracking NowSadly, it’s not just Wiedenbeck who’s obedient to the business objectives of the oil and gas industry — Governor Hickenlooper is astonishingly out of touch with Coloradans on this issue too. He has refused multiple requests to meet with Coloradans who are concerned about fracking taking place near their homes and children’s elementary schools. He has locked citizens out of “public meetings” that he has convened to discuss the issue while gladly keynoting at the oil and gas industry’s annual summit, starring in pro-fracking advertisements, and to suing the citizens of Longmont for attempting to protect their health, safety and property from fracking.

Wiedenbeck’s attack should be seen for what it is: A desperate attempt to cover up the fact that Coloradans don’t want fracking. This was made clear when citizens in Longmont voted overwhelmingly to ban this dangerous, industrial activity next to their homes and schools last November. The vote was a resounding mandate. It was especially notable because the oil and gas industry raised over half-a-million dollars to defeat the measure, including $30,000 from Wiedenbeck’s employer.

It’s unfortunate that Wiedenbeck finds it necessary to defame Colorado citizens, but it’s understandable. It’s less understandable — deplorable actually — that Governor Hickenlooper continues to dismiss, discredit and even sue mothers, fathers, teachers, farmers, nurses, retirees and business owners in Colorado who do not want fracking next to their homes and schools. These are the voices of reason and common sense.

Sam Schabacker is the Mountain West Region Director for Food and Water Watch.

The Worth of Water

We never know the worth of water till the well is dry. ~Thomas Fuller, Gnomologia, 1732

On Sunday Jan. 9 the Longmont Republican Women held an event called “New Year New GOP” at the Well and indicated it was ‘Open to the Public.’ Well, I could hardly turn that down!

Here’s the photos I took:

[flickr-gallery mode=”photoset” photoset=”72157632455665455″]

There was a lovely spaghetti & meatball dinner provided by Mark Price of Aunt Alice’s Kitchen. I love Aunt Alice’s so I know it was great food. There was also a very tasty looking dessert from the folks at the Well. I didn’t partake, just didn’t feel right mooching a meal, being a lefty and all. Besides, there was a respectable crowd (in all senses of the word of course!) gathered in the Well’s cavernous industrial space and they were hungry – not just for food either.

Joel Champion announced the formation of the Private Property Council, a non-partisan group with open membership. The mission is education and the setting up of teams ‘to do monitoring of our public officials who are elected and help move our ideas forward in legislation at all levels of the city, county and state.’

At one point Joel mentioned ‘our Democratic friends in the audience’ which prompted Peg Cage to ask him to introduce Kaye Fissinger and myself. Thank you Joel! Thank you Peg! We appreciated being allowed to attend.

Here’s all the rest of the details of those speaking.

Derrick Wilburn, Founder, Rocky Mountain Black Conservatives gave a well-polished and aggressive lecture about what the GOP needed to do to get the votes of conservatives of color. Solomon Martinez gave a report about the Northern Colorado Hispanic Relations group as well as his views on outreach. The featured speaker, Tom Tancredo – confessed to suffering from ‘Post Election Stress Syndrome’ and said it had been ‘debilitating.’ CO GOP Chair Ryan Call laid out the wreckage of the campaign like an FAA crash inspector. It was some hard talk.

I left before the question and answer period but I’d be delighted to link to any audio files from that.

New Year New GOP speaker audio files

Brought to you by: Longmont Republican Women, The Well Outreach and Worship Center, The Longmont 9-12 Tea Party

Encana propaganda as toxic as fracking

skull-crossbonesIn “Guest Opinion” pieces of corporate propaganda, such as Wendy Wiedenbeck’s the recent post in the Boulder Daily Camera, reality gets buried by twisting the facts with half truths, misrepresentations, innuendos, and claims of innocence and victimization, that in the end amount to lies. Let’s get real about this. Wendy Wiedenbeck’s job as “community relations adviser” is to create a positive image for one of the most ruthless industries on the planet, whose only consideration is maximum profit, regardless of any ill effects to local citizens.

The laws and “”regulations” have gradually evolved to allow corporations to “legally” degrade the health of our families and our ecosystem. We have tried in vain to be heard by our elected officials at all levels of government, yet the assault on our quality of life worsens by the hour. We have tried Wiedenbeck’s “civil discourse” and figured out that it is a sham. The public forums are almost all we have left, because we are not being represented in the back rooms and the boardrooms. Now grassroots groups around the U.S. and the world are finding creative ways to fight back.

And as for Wiedenbeck’s “silent majority”, they recently spoke loud and clear in Longmont, 60% to 40%, and said “NO”, you will not be allowed to wreak havoc on the health and welfare of our community with your fracking and waste.

Wiedenbeck’s Opinion is filled with half-truths.

Example:

“I’m also guessing that they don’t know that hydraulic fracturing has been taking place in Boulder since the 1950s.”

Current fracking methods have little or no resemblance to previous methods. When Dick Cheney exempted fracking from parts of the Clean Air and Water Acts the industry took pollution and contamination to new levels.

“But there have been no signs of regret from the activists, or from the out-of-state pressure groups — such as Food & Water Watch in Washington, D.C. — that encourage their behavior, train and fund them.”

Food & Water Watch did not “encourage” the behavior at the Commissioners meetings. The only “training” they have done is to show local concerned citizens how to best coordinate outreach to the community. And the only “funding” has been on an “in kind” basis. Wiedenbeck’s allegation is a thinly veiled attempt to discredit all of these concerned groups into one group, to make corporate thugs, like Encana, look good by contrast.

We’re on to you and your industry’s dirty tricks, Wendy. And that is your real concern. The citizenry has finally figured it out, and we are fighting back. Our only goal is to protect our families and communities.

Oil and gas industry attacks democratic process

Lady Justice

Longmont is fighting back

Thanks to City Council for committing to a vigorous defense of the Longmont Public Health, Wellness and Safety Act.

This act was placed in the city charter by the will of Longmont voters who have a constitutional right to protect their health, safety and property values. Colorado oil and gas is attacking our democratic process by challenging the people’s vote and the Longmont charter in court. Their process is not safe and responsible. Their promises of revenue have not materialized in fracked communities. Roads have been damaged by heavy trucks, property values and municipal revenues have diminished, and the prospect for long-term, well-paying jobs has been lost.

There is much evidence of the horrors suffered in other communities subjected to today’s unconventional fracking. People are exposed to carcinogenic and other dangerous chemicals; methane gas is released into the air and water; water is poisoned by toxic chemicals; millions of gallons of water are used at each site and turned into toxic waste.

If you care about children or any human beings, pets and livestock, schools, your church, recreational facilities, the value of homes, parks, streets, our precious aquifer and long-term job growth, you will fight this attack by the Colorado Oil and Gas Association.

A vigorous legal defense of the Longmont Public Health, Wellness and Safety Act will ensure long-term economic growth and a viable future for all who live in Longmont.

Our Longmont Condemns the Oil and Gas Industry’s Lawsuit

FOR IMMEDIATE RELEASE
December 18, 2012
Contact:  Michael Bellmont
(303) 678-9470

 

Our Health, Our Future, Our Longmont Condemns the Oil and Gas Industry’s Lawsuit against Longmont’s Charter Amendment

 

Before the ink was barely dry on the Longmont Charter Amendment, Article XVI, the Longmont Public Health, Safety and Wellness Act, that prohibits hydraulic fracturing next to homes and schools in Longmont, the oil and gas industry has filed a vicious lawsuit against the People of Longmont.  This suit was brought by the Colorado Oil and Gas Association—with brazen support from Governor Hickenlooper—to force the citizens of Longmont to allow a dangerous, industrial activity that threatens the health, safety and property of citizens in Longmont.

On November 6, 2012, over 25,000 people, 60 percent of Longmont voters, representing all demographics and all political philosophies spoke loud and clear that it is their intention to prohibit hydraulic fracturing (fracking) and the disposal of attendant wastes within the city limits of Longmont.  The citizens’ constitutionally-guaranteed rights to health, safety, and property shall not be infringed.

The legal assault by COGA is a blatant attempt to undermine the democratic process.  “It is unconscionable that the oil and gas industry has decided to sue the people of Longmont to recklessly endanger our health, safety and property,” said Michael Bellmont, a spokesperson for Our Health, Our Future, Our Longmont (Our Longmont).

Our Longmont has assembled a legal team that will assist in a vigorous and unwavering defense of the charter amendment that it placed on the ballot with the concurrence of over 8200 Longmont voters who signed the petition to qualify the measure (nearly 45% more than required).   “We will not be bullied.  We will not permit Governor Hickenlooper, who has publicly stated he will support a lawsuit and the oil and gas industry to put this dangerous, industrial activity next to our homes, schools and public parks,” said Kaye Fissinger of Our Longmont.

Colorado’s Governor John Hickenlooper is equally culpable in this decision to sue the people of Longmont after publicly declaring he will support any oil and gas company that seeks to sue citizens who want to protect their health, safety and property from fracking.  Any action that he directs the State of Colorado to take against the City of Longmont and the citizens of Longmont will be received with immense animosity and will carry a heavy political price.  Hickenlooper took an oath to represent the people, NOT the oil and gas industry.

Don’t frack me, bro

“Colorado is over 100,000 square miles in area. Longmont is 22 square miles in area. Now ask yourselves why this tiny 22 square mile city is so important to frackers that they can’t simply go elsewhere in the 100,000 available square miles and frack to their heart’s content. The answer is (of course) the infrastructure that is already in place here: roads, power, water – it’s all here. So drilling here is cheaper than other places where these fracking essentials would otherwise need to be developed. But frankly, nobody wants to look out their windows and see the wells, pumps and tanks; hear, see and smell the equipment and trucks; watch nearby property values erode due to proximity to fracking operations; and generally have the quality of our lives eroded. Especially so since quality of life is what we are here for.

So when you stop to think about it, this fight is really between quality of life and profit motive, and haven’t we had enough of that? Haven’t we already seen what big money always seems to want to do, without concern for what kind of place our children grow up in, or the kind of place we call home? Enough already with the greed motive. Isn’t it about time that simple quality of our lives is seen as a higher priority than the profits of others that don’t even live here? Let’s be honest: Hickenlooper wouldn’t let them drill in his backyard. Why should we let him allow them to drill in ours? Go drill on the rest of the 100,000 miles and leave us alone. If you had planned to vote “no”, I invite you to reconsider your position and vote “Yes” on 300. The quality of your family’s lives depend on it. And what’s that worth to you?

“Tens”, “Hundreds”, how far will they go?

Snake oil salesmen haven’t changed one bit.

When desperation rises, strange things happen. It’s just a hop, skip and a jump from the rational to the irrational. And those who are part of the “let’s frack the heck” out of Longmont team are doing a whole lot a-hoppin’ and a-skippin’ and a-jumpin’ these days.

Not satisfied with the full-page ads telling the gullible that if Ballot Measure 300 passes, it will cost Longmont “tens of millions of dollars,” the frackers on Longmont City Council have upped the ante to “hundreds of millions.” Dang, if the campaign season lasts much longer the hyperbole will get to the billions of dollars.

I laughed when it was “tens.” I rolled on the floor laughing when it became “hundreds.” Lord knows what I’ll do when they go higher. It’s probably best that I stay away from a stairwell if that happens. I wouldn’t want to bruise myself by falling down laughing.

Seriously, folks, these guys are grasping at anything to try to get you to vote against your own health and safety and that of your family and friends. They’ve already plowed over a half-million dollars against you and we’re still counting. What are they so afraid of? If oil and gas is spending so much money to try to defeat 300, then they must believe that supporters of Question 300 are not only correct about “health, safety and well-being,” but that oil and gas will lose money and nobody will have to pay them. Why would they spend all this dough if they believed that one way or the other they would make their profits?

Vote “yes” on 300 to ban fracking and its waste in Longmont. I know I will!