Hello everyone! My name is Sam and I
am the Secretary of DePaul’s Environmental Law Society. I will be
one of the contributors for this blog. Don’t fear my Footnotes.1
I have a strong interest in how human
interaction with the environment impacts the health of communities.
Thus, I want to post about a pressing environmental health topic that
gets a lot of attention nationally,2
but needs immediate attention locally.
The issue: regulation of Hydraulic
Fracturing (“fracking”) in Illinois. The problem: it doesn’t
exist! There are no laws in the Land of Lincoln about fracking.
There are proposals and there is legislative activity, but so far, we
got nothin’.
“Fracking” in its most basic, is
the process of injecting a mixture of water, sand and chemicals deep
into the ground to release natural gas from geologic formations.
This natural gas can then be captured and used to create energy.
Fracking operations are rapidly sweeping across the nation due to low
pricing and increased restrictions on conventional coal power
plants.3
Industrial giants currently have landmen4
surveying the country to find lucrative spots to drill, including
Illinois. About half of Illinois is located above the New Albany
Shale formation and oil companies are eager to test the state’s
geologic potential.
The health scares associated with
fracking are dramatic. In 2008, the EPA performed a study to
determine the health effects of fracking in Wyoming. The Agency
discovered levels of benzene (a known carcinogen) at 246 micrograms
per liter. That mark is well above the maximum permitted level of 5
micrograms per liter and a major cause for concern. Additionally,
in Pennsylvania, methane gas, ammonia, arsenic, chloromethane, iron,
manganese, t-butyl alcohol, and toluene were all discovered in well
water surrounding a fracking operation.
If you look only at the potential
health effects, strict regulation seems like a no-brainer. However,
there are two sides to every story, and like most environmental
issues, Big Industry has a tale to tell about job creation. Even
President Obama recognizes the “60,000 job” potential of natural
gas.5
This back-and-forth between community health and economic vitality
in down-state Illinois recently resulted in interesting activity in
Springfield.
Rep. Naomi D. Jakobsson, D-Urbana, amended a bill which previously had
support from both environmental groups and industry. The amendments
proposed a two year moratorium on fracking in Illinois. As a result,
industry-friendly lawmakers blocked the bill from voting and Illinois
remains lawless. Beyond the moratorium, the proposed amendments were
a bit extreme. If the bill had passed, only Alaska would have
regulated fracking more tightly. Perhaps worried lawmakers were
justified. Would this bill not only prevent future jobs for
constituents, but force current companies to pack up and ship out of
Illinois?
It is clear that fracking is here to
stay. The U.S. EPA is involved6,
but the issues of community health and safety are traditionally left
to the States to regulate. Therefore, Illinois needs to step up and
speak about the elephant-in-the-room: its lack of laws. Any proposed
regulation should not be taken hastily, as the dangers (both health
and economic) could be devastating. Take your time Illinois, but
please do something!7
-----------------------------
1
Taking a queue from Bill Simmons of ESPN’s Grantland, I will
sporadically add footnotes to my posts. They may not be as witty as
his, but hopefully they are better than Bluebook cites.
2
Documentary film lover? Watch this:
http://www.imdb.com/title/tt1558250/
3
Are we left with a Hobbesian Choice of coal/Climate Change or
natural gas/fracking contamination? But see wind and
solar power.
4
Fun fact: Our oil connected former President George W. Bush got his
start as a landman in Texas.
5
When did he say that?! 2012 State of the Union,
http://www.whitehouse.gov/the-press-office/2012/01/24/remarks-president-state-union-address
6
EPA draft guidance for permitting of hydro-fracturing operations is
open for public comment until Aug. 23. Act now!
7
Spin-off Legal Issue: Fracking chemicals as trade-secrets and the
resulting “doctor gag rule.”
http://www.npr.org/2012/05/17/152268501/pennsylvania-doctors-worry-over-fracking-gag-rule
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