A win for local activists: Carbon County passes county-wide oil and gas regulations

The Carbon County Commissioners today passed new regulations to protect citizens from the dangers of oil and gas drilling, a significant win for local activists. The Development Regulations update, the first since 1989, follows the County’s adoption of an updated Growth Policy last year.

Key provisions of the new regulations include:

  • Requires an approved site plan prior to the issuance of a conditional use permit, which would be a matter of public record before a permit is granted. This is not required today.
  • Provides landowners the right to receive baseline water testing, paid for by the driller before drilling begins. This is critical to determining the cause of any future contamination.
  • Establishes a 750-foot minimum distance, or setback, of oil and gas development from homes, and
  • Ensures dust control on roads used for hauling near drilling sites, with mitigation plans approved on a case by case basis.
Susann Beug, Chair, Carbon County Resource Council

Susann Beug, Chair, Carbon County Resource Council

Tireless activists
The regulations mark a rare Montana victory for the tireless activists in Carbon County who have worked on landowner protections for nearly three years since Energy Corporation of America announced plans to “bring a little bit of the Bakken” to the Beartooth Front. These activists, most members of the Carbon County Resource Council, an affiliate of Northern Plains Resource Council, have been relentless in pursuing change.

They attended meeting after meeting of the County Planning Board, working to adopt these regulations against opposition that gradually lost steam. They attended regular County Commissioner meetings, and testified before the Montana Board of Oil and Gas Conservation. These regulations simply would not have happened without them.

In addition, a group of local residents organized and obtained signatures to protect their rights by establishing a citizen initiated zoning district in the Silvertip area of Belfry. When the County rejected the landowners’ application, the landowners filed suit and eventually took the case all the way to the Montana Supreme Court.

In the end, the constant pressure has paid off, and the Commissioners relented. This is a real win for Carbon County citizens. The new regulations afford genuine protections that are not provided by other Montana laws, and they would not have happened without the dedicated work of these local activists, people like Susann Beug, Deb Muth, Becky Grey, Carol Nash, Julie Holzer and Bonnie Martinell, and Maggie Zaback of Northern Plains.

The Commissioners, who began the process adamantly opposed to regulation, deserve recognition for adapting to the will of County landowners. Brent Moore, who managed the planning process, also deserves credit for being open to regulation from the beginning.

Still much more to do
But it is important to recognize that protection against oil and gas drilling is an endless battle, and these rules are a small step in a long fight. Specifically,

This is why local activists need to keep working on local solutions to ensure broader protections, as is happening in Stillwater County, where residents continue to grapple with the County Commissioners over procedural issues related to their application with citizen initiated zoning.

But in the meantime, it is important to recognize that local activism bears fruit. It’s not easy, and requires commitment over the long haul. All credit goes to those who worked to make this happen. Local residents should thank them for their work.

As Susann Beug says, “We know that oil and gas developers will be back, and when that happens we want them to do it right.”

(I will provide a link to the new regulations when the County puts them on its web site, but you can read a final draft in Section 6 of this document.)

Note to readers: I’ve been on an extended leave from the site. Sometimes burnout happens. I’ll continue to write as events and the spirit move me. The fight remains important to me.

Thanks to those who have noted my absence and contacted me.


Posted in Community Organization, Politics and History | Tagged , , , , | 11 Comments

Tesla just killed the gasoline powered car

1920 Ford Model T

1920 Ford Model T

Tesla Motors killed the gasoline-powered car last week. The Silicon Valley company accomplished this feat without delivering a single automobile. But as sure as Henry Ford killed the horse and buggy by mass producing an affordable Model T a century ago, Tesla’s announcement of its Model 3 means we’re approaching the end of the internal combustion engine.

The proof is in the astonishing public reaction to the announcement of a car that will sell for $35,000, and won’t even enter into production until late 2017. In the first weekend after the announcement, 276,000 buyers put down a $1000 non-refundable deposit for a car they won’t be able to see for two years.

This is by far the fastest growing order book in the history of the auto industry. It’s more cars ordered in four days than General Motors delivers in a month. It’s not surprising — Tesla promises to deliver features that are obviously exciting to the mainstream market:

  • 215 miles of range per charge, a significant technological advance
  • acceleration from 0 to 60 in six seconds
  • seating for five people
  • autopilot features
  • an interior design that will “feel like a spaceship,” according to Tesla CEO Elon Musk.

To give an idea of how the numbers have blown past projections, Musk tweeted, “token of appreciation for those who lined up coming via mail. Thought maybe 20-30 people per store would line up, not 800. Gifts on order.”

Tesla Model 3

Tesla’s success is the clearest sign that the market wants to move quickly to electric cars, but there are other signs as well:

Doubters should recognize that what we’re talking about here is global market disruption, not excess government regulation, and the impact will be tremendous. Vehicle consumption currently accounts for about 70% of our oil usage in this country. The rise of the electric car and the death of the internal combustion engine will change our energy landscape forever.

Watch the video to take a test drive in the gas-powered car killer.


Posted in Clean energy | Tagged , | 6 Comments

How Montanans stopped the largest new coal mine in North America

This article, written by Nick Engelfried at wagingnonviolence.com, is reposted with permission of the author. While it does not directly deal with oil and gas issues, it is an inspiring story of Montana communities working together against seemingly-insurmountable odds to overcome an energy giant.

Protesters block a coal train from entering downtown Missoula in 2015. (Blue Skies Campaign)

Protesters block a coal train from entering downtown Missoula in 2015. (Blue Skies Campaign)

Montana communities won a victory against one of the world’s biggest coal companies earlier this month, when Arch Coal abandoned the Otter Creek mine – the largest proposed new coal strip mine in North America. The story of how the project imploded is one of people power triumphing over a company once thought to be nearly invincible.To many observers, the Otter Creek project once seemed unstoppable.

It certainly appeared that way in 2011, the year I moved to Missoula, Montana for graduate school. Then-Democratic Gov. Brian Schweitzer enthusiastically supported the mine, and coal more generally. Forrest Mars, Jr., the billionaire heir to the Mars candy fortune, had just joined Arch and BNSF Railways in backing a proposed railroad spur meant to service Otter Creek. Arch and politicians like Schweitzer predicted a boom in coal demand from economies in Asia.

But what they weren’t counting on was a vocal and active region-wide opposition. The coming together of ordinary people — first in southeast Montana, then an ever-growing number of communities throughout the Northwest —to oppose the Otter Creek mine says much about how land defenders and climate activists are learning to fight back against the planet’s biggest energy companies. The roots of this recent victory go back more than 30 years.

Origins of the Otter Creek mine
Eastern Montana is known for its arid climate, but the Tongue River Valley just north of the Wyoming border supports a lush landscape of willows, pines, sagebrush and grassy pastures. The river and underground aquifers make the valley ideal for agriculture. On the east side of the river, where the Otter Creek tracts are located, a mix of state and private land supports farms and cattle ranches. To the west is the Northern Cheyenne Reservation.

Decades before Arch proposed the Otter Creek mine, Southeast Montana was already ground zero in a fight over the nation’s energy future. In 1971, as the United States looked for alternatives to foreign oil, the Bureau of Land Management published a study calling for massively increased coal production in northern Plains states. It proposed building 21 new coal-fired power plants in Montana and opening vast new mines to feed them. Implicit was the assumption that energy developers would run into little resistance in the sparsely populated Plains.

Corporate representatives tried to persuade ranching families to sell their land for mines, then threatened them with eminent domain. However, many landowners didn’t back down. “I told that son-of-a-bitch with a briefcase that I knew he represented one of the biggest coal companies and he was backed by one of the richest industries in the world, but no matter how much money they came up with, they would always be $4.60 short of the price of my ranch,” said landowner Boyd Charter, according to Northern Plains Resource Council, an organization that formed in 1972 to oppose the mining. By the end of the decade only one major new coal plant had broken ground in Montana, and plans to turn the state into a large-scale coal sacrifice zone were in tatters.

Then, in the 1980s, the coal industry proposed a new Tongue River Railroad to link northern Wyoming coal fields to existing Montana rail lines. The plan floundered for decades amid local opposition, but in 2011 the Tongue River Company was bought up by Arch Coal, BNSF Railways and Forrest Mars, Jr. Mars, who owns a private ranch in area, formerly opposed the railroad but apparently bought in with the understanding that the preferred route would be shortened to not cross his property. Instead of hauling Wyoming coal, this new version of the Tongue River Railroad would service Arch’s Otter Creek mine. The coal industry would try again to turn Montana into a coal extraction colony.

Their plan was helped along the previous year, in March 2010, when the Montana State Land Board, chaired by Gov. Schweitzer, voted on whether to lease state lands at Otter Creek to Arch. Ranchers concerned about damage to aquifers, high school students worried about climate change and other concerned citizens at the meeting urged the board to vote no. Just before the vote, activists from Northern Rockies Rising Tide disrupted proceedings by chaining themselves to Land Board members’ desks. The protest drew attention to what was at stake. But Land Board members reconvened and voted 3-2 in favor of the lease.

Now all Arch needed to break ground was a mining permit from the state, and a permit to build the Tongue River Railroad from the U.S. Surface Transportation Board. The battle lines were drawn.

From Tongue River to the coast
What happened at Otter Creek would affect communities throughout the Pacific Northwest. Coal train traffic through the area was already up, hauling coal from existing Wyoming and Montana mines to British Columbia ports. If Otter Creek and a series of proposed new coal export terminals in the United States were built, the number of these trains would skyrocket.

“I noticed more and more coal trains rumbling past my home,” said Lowell Chandler, who was a senior at the University of Montana and lived next to the railroad in Missoula when I met him in 2011. “They were polluting my air with toxic diesel emissions and coal dust. Then I found out about the massive coal export proposals in my state and the Northwest region.”

In places like Missoula, disproportionately lower-income neighborhoods are directly across the street from the railroad. An industrial yard used to refuel trains and connect and reconnect train cars is a major source of pollution. Residents told of sounds like bombs going off in the middle of the night as rail cars were joined together, of coal dust on their windowsills, and of choking on diesel fumes from idling locomotives.

I joined Chandler and other UM students in starting a group called Blue Skies Campaign in 2011, to work in coordination with rail line neighborhood residents and push back against the coal trains. Blue Skies’ first action was a protest outside a Wells Fargo, at the time a major coal industry funder. Later we partnered with Northern Plains Resource Council and other groups on a coal trains forum that drew over 200 people. We organized to attend city council meetings, coordinated rallies, and held street theater and protests. But we knew we had to do more.

In August 2012, Blue Skies coordinated the largest energy-related nonviolent civil disobedience in Montana up to that time. The Coal Export Action, a five-day sit-in at the State Capitol, was a protest against leasing of state lands to coal companies. Twenty-three people were arrested and hundreds more attended to show support. “Before putting my body on the line during a sit-in, I had never participated in nonviolent civil disobedience,” said Corey Bressler, a UM student arrested on the second day. “This swelling of people sent a powerful message to decision makers that Montanans and Americans want to shift away from fossil fuels toward a greener future.”

 Activists protesting on the train tracks in April 2014. (Blue Skies Campaign)

Activists protesting on the train tracks in April 2014. (Blue Skies Campaign)

The next few years saw rail line communities turn to direct action repeatedly. Protests on the railroad tracks delayed coal trains, with a 2015 blockade preventing a train from entering downtown Missoula for almost an hour. In April 2014, 1,500 Montanans in more than a dozen communities rallied in a day of actions for clean energy. Other rallies and smaller protests occurred with increasing regularity. “There is personal power in a collaborative response to a shared threat,” said Cate Campbell, a retired railroad brakeman from Frenchtown, Montana who was arrested multiple times. “In taking direct action I found an inner feeling of purpose and commitment.”

Meanwhile, Montana had just experienced some of its worst-ever droughts and fire seasons, moving climate change to the forefront of the coal debate. In 2013 a new group, 350-Missoula (a grassroots affiliate of the climate group 350.org) made stopping the Otter Creek mine its priority.

350-Missoula – a group of retirees, teachers, nurses, educators and others – worked with Blue Skies to organize rallies and civil disobedience. They also pushed elected officials to take a side in the Otter Creek fight. In 2014, Missoula’s City Council formally asked that environmental reviews for Otter Creek and the Tongue River Railroad include public hearings in Missoula. Local state legislators supported this request. In Whitefish (along Montana’s northern rail line) groups like Glacier Climate Action persuaded their city council to take similar action.

In the summer of 2015, the Surface Transportation Board opened a public comment period on the Tongue River Railroad. Activists in Missoula tabled at public events and street corners, gathering more than 4,000 written comments. Groups throughout the Northwest sent alerts to their members. Legislators and local governments, including the city of Missoula and Missoula County, submitted concerns about coal trains.

Communities closest to the mine site mobilized. Public hearings in Ashland and Lame Deer, on the Northern Cheyenne Reservation, were attended by 100 and 300 people respectively (the total populations of Lame Deer and Ashland are about 1,000 and 800). Most attendees were Northern Cheyenne members opposed to the railroad. The coal industry had tried to win over residents with promises of jobs, but these efforts seemed to have failed miserably. Toward the end of the comment period, the Northern Cheyenne Tribal Council unanimously passed a resolution opposing the Tongue River Railroad.

More than 100,000 comments were submitted by groups opposed to the railroad before the comment period ended. That fall, over a hundred people representing most of Montana’s major towns gathered at the State Capitol for a “Keep It In The Ground” climate rally. Meanwhile, regional and global pressures on Arch Coal compounded local opposition to the mine, changing the equation in an approval process that had once seemed inevitable.

The decline of King Coal
In 2010, Arch Coal competitor Peabody announced “coal’s best days are ahead.” However, it was clear even then that a combination of grassroots organizing, new regulations for polluting power plants, and falling prices for cleaner energy was causing U.S. coal use to drop. What came as a surprise was that coal consumption in Asia, especially China, failed to make up for declining U.S. demand.

Some racism was implied in the coal industry’s assumption that residents of China and India would willingly tolerate pollution levels unacceptable to North Americans. In fact, public concern about pollution created a crisis for the Chinese government. Last April, 10,000 people in China’s Guangdong Province turned out to protest a recently-built coal plant. The government has begun closing mines, reducing coal imports and ramping up renewables. China’s coal consumption declined 3 percent in 2014, and 4 percent in 2015. India’s coal use is still growing, but new power plants have run into such fierce opposition that many will likely never be built.

It turned out U.S. coal companies couldn’t even maintain export levels from a couple years ago. In 2015, Cloud Peak Energy announced it would stop exporting coal through British Columbia. In this environment, a series of announcements beginning late last year showed cracks forming in Arch’s Otter Creek plans.

Protesters march in Helena in September 2013. (Blue Skies Campaign)

Protesters march in Helena in September 2013. (Blue Skies Campaign)

In November, Arch announced it was asking the Surface Transportation Board to put the Tongue River Railroad permit review on hold. Companies rarely make requests like this when they are confident a review will go well for them. Statements from Arch claimed Otter Creek would still move forward, but an updated mining application Arch intended to file with the state in December never materialized. In January, Arch filed for bankruptcy.

Arch was just the latest (and biggest) U.S. coal company to go bankrupt in the last few years. The move was long anticipated, but now Montanans waited in suspense. Would this be the final blow to the Otter Creek mine, or would Arch find a way to salvage the project and turn the company’s troubles around?

On March 10, Arch announced it was suspending attempts to extract coal at Otter Creek. A statement released by Northern Plains Resource Council, from Otter Creek rancher Dawson Dunning, summed up the feelings of many locals: “Ranchers and irrigators in southeast Montana can sleep well knowing their water will be protected.”

A turning point?
“How many times have I read about projects that would increase carbon emissions, and felt helpless to stop them?” said Marta Meengs, a nurse who helped start 350-Missoula. “Otter Creek was different. People’s civil disobedience, tabling for public comments, and conversations with legislators actually showed results and helped stop what would have been one of the largest coal mines in North America.”

The defeat of the Otter Creek mine is one example of a larger, encouraging trend. Climate activists and land defenders are learning to take on the world’s biggest energy companies, fight huge fossil fuel projects, and win. Every industry loss strengthens the position of activists going into the next round, just as declining coal consumption in China contributed to the Otter Creek victory. And the fossil fuel industry is losing more and more often, from Shell and Arctic oil to TransCanada and the Keystone XL Pipeline to Arch Coal and Otter Creek.

The worldwide climate movement is driving down global carbon emissions in concrete, measurable ways. It’s a grassroots movement where people lead and government officials follow (when they show up at all). There’s still a long way to go before all remaining fossil fuels are left in the ground. But progress is undeniable, and we can expect more wins as the movement grows.

In the words of Lee Metzgar, a retired biologist and member of 350-Missoula who participated in the Otter Creek protests, “Our political system has demonstrated its inability to find adequate solutions to the climate crisis. It is time for everyone who wants to leave future generations a livable world to be in the streets.”

Posted in Community Organization | Tagged , , | 1 Comment

New study warns we’re not moving fast enough to avoid the worst effects of climate change

Regular readers know that I try not to be alarmist about the issues I write about. I have a point of view, but try to back up my assertions with factual information you can check for yourself. So when I tell you that there is a new credible study that warns of an impending climate disaster, you should take notice. The study argues that the serious effects of climate change — sea level rise of several feet, followed by increases so large they would force humanity to flee the coasts — will occur over the next 50 years, not over the course of centuries as climate scientists currently believe.

Dr. James Hansen

Dr. James Hansen

The source is highly credible. Lead author in the study is Dr. James Hansen, retired NASA scientist and director of the Columbia University Climate Center. The paper, published in the European journal Atmospheric Chemistry and Physics, was co-authored with 18 other scientists.

And when I say that Dr. Hansen is credible, you should know that he gained fame in 1988 when he  warned Congress that global warming had already begun. He was ahead of the scientific consensus at the time, but it became clear in retrospect that Earth had been in the midst of a period of rapid global warming at the time he testified.

Cataclysmic sea level rise
The study, released today, concludes that a 2° Celcius global temperature rise from pre-industrial levels will cause:

  1. Cooling of the Southern Ocean, especially in the Western Hemisphere;
  2. Slowing of the Southern Ocean overturning circulation, warming of the ice shelves, and growing ice sheet mass loss;
  3. Slowdown and eventual shutdown of the Atlantic overturning circulation with cooling of the North Atlantic region;
  4. Increasingly powerful storms; and
  5. Nonlinearly growing sea level rise, reaching several meters over a timescale of 50–150 years.

According to the study, these predictions, especially the cooling in the Southern Ocean and North Atlantic with markedly reduced warming or even cooling in Europe, differ fundamentally from existing climate change assessments.

Current efforts insufficient
This is extremely disturbing in light of the landmark climate agreement reached in Paris last December. In that agreement 195 countries agreed to reduce greenhouse gas emissions as soon as possible and to keep global temperature increases “well below” 2°C (3.6°F) and to pursue efforts to limit it to 1.5°C. If Hansen’s study is correct, that won’t be enough.

What’s more, global temperatures seem to have begun a period of rapid rise. The year 2015, like 2014, was the warmest year on record. And both January and February have been the warmest in history. As shown in the chart below, we have blown past a 1°C increase, and global 12-month average temperature is now 1.177°C above pre-industrial levels.

Global temperatures are rising rapidly. Source:

Before you sell your beachfront home, you should be aware that there is not universal acceptance of Dr. Hansen’s findings. But the study is now public, and it will be the topic of a furious public debate among scientists. Dr. Hansen has a track record of being correct, and his work underscores that we need to take our heads out of the sand and address climate change as a critical public policy issue.

I recommend that you watch the 15 minute video below, in which Dr. Hansen discusses the study. It’s dense at times, but it is a good primer on his work and will help you understand the study. We ignore it at our peril.


Posted in Climate change, global warming | Tagged , , | 2 Comments

Two Pennsylvania families win $4.2 million water contamination judgment against Cabot Oil and Gas

In a huge victory for landowners over the oil and gas industry, two families in Dimock, Pennsylvania were awarded $4.2 million in a lawsuit over water contamination from shale gas drilling. Dimock is the town made famous for its flammable water in the film Gasland.

The Ely family outside federal court in Scranton, PA. Photo © 2016 Laura Evangelisto

The Ely family outside federal court in Scranton, PA. Photo © 2016 Laura Evangelisto

Houston-based Cabot Oil and Gas Corporation, the defendant in the suit, had denied that it was responsible for the contamination. They had settled a similar lawsuit in 2012 with 40 other residents on the same road, but, as is usually the case in this kind of lawsuit, the settlement had included a “non-disparagement” clause that prevents plaintiffs from speaking publicly about the case.

But two families who lived on the same road as those who settled held out from the settlement and continued to a jury trial, which was completed today.

Cabot Oil said it will appeal, accusing the jury of ignoring “overwhelming scientific and factual evidence that Cabot acted as a prudent operator in conducting its operations.” Cabot had contended that the methane occurring in families’ wells was naturally occurring.

The lawsuit was something of a David and Goliath affair. After their neighbors had settled, the two families were, for a time, forced to represent themselves because they couldn’t find an attorney willing to take on the suit. Ultimately they were represented by solo practitioner Leslie Lewis and attorney Elisabeth Radow against a team of litigators and attorneys from Norton Rose Fulbright, a London-based law firm which in 2014 was the seventh highest-grossing law firm in the world.

The Ely family will receive $2.75 million and the Hubert family $1.49 million. The judgment was limited by the court, which had previously ruled that the plaintiffs were not permitted to pursue Cabot for any harms done to their health, but only for damages to property and “personal nuisance.”

“This is a huge victory for the people of Dimock, but it’s also a sharp rebuke to the Obama administration for failing to fully investigate threats posed by fracking and dangerous drilling to water supplies in Pennsylvania and across the country,” said Kassie Siegel, director of the Center for Biological Diversity’s Climate Law Institute. “Because of the EPA’s disturbing history of delay and denial, it took a federal jury to set the record straight about the natural gas industry’s toxic threat to our water.”

Congrats to the Hubert and Ely families. Their courage moves the fight against irresponsible oil and gas companies to a new level, and paves the way for future homeowners to protect themselves.

A personal story: Bob and Lisa Parr, Wise County, Texas



Posted in Legal | Tagged , , , | 3 Comments

Carbon County letter writer misuses information to make false arguments

I want to call your attention to a letter to the editor published in last week’s Carbon County News. It’s a great example of how people can completely misuse information to make false arguments.

You can read the letter here. The author’s main point is that a person who advocated against fracking two years ago, and who later had to be rescued after he was injured on the Beartooth Plateau, owes his survival to the fossil fuel industry.

I’m not making this up. Read it yourself.

This is a frequent refuge for those who believe that communities should do the bidding of oil and gas operators. I get a lot of comments on this site that go something like this, “If you hate oil and gas so much, you should stop driving a car,” or, “If you really believe the things you write, you should stop using all petroleum products.”

The intent of these people is to point out what they feel is the hypocrisy of those who want to protect their property, health and livelihoods by regulating oil and gas drilling.

They see the proposition as all or nothing. Either accept what the oil and gas companies do, or, as this letter writer suggests, go back to the days of Hugh Glass, the protagonist in The Revenant. Again, not making this up.

An oil rig in Carbon County today. Click to enlarge

An oil rig in Carbon County today. Click to enlarge

This, of course, is a false choice, and this letter writer, who has been active in Carbon County government, knows better. Nobody along the Beartooth Front is advocating an outright ban on drilling in the area. However, many recognize the need to shift away from fossil fuels to clean energy as quickly as possible.

This is necessary to avoid the most catastrophic impacts of climate change, and it’s also a market reality. As solar, wind and other technologies take hold, coal, oil and gas will become less necessary. This won’t happen immediately, but those of you who are alive in 2050 will see a completely different energy landscape, with a proliferation of rooftop solar and electric cars, and high percentages of energy generated off the grid. The market has already spoken on this — two of the four Colstrip coal plants will be closed within ten years.

Solar installation at Red Lodge Ales

Solar installation at Red Lodge Ales

What people and organizations along the Beartooth Front are advocating is not a ban, but local regulations that protect their properties in ways that federal and state law do not, such as:

  • Mandated minimum distances, or setbacks, of wellheads from occupied residences, schools and hospitals.
  • Regular testing of fresh water near wells to determine if contamination has occurred.
  • Regular testing of air near wells to determine if there are high levels of methane or other chemicals that create health risks for humans and animals.
  • Well design specifications to make sure that concrete casings do not leak, and so that produced water is disposed of safely.

That’s very different from a drilling ban. This is just people wanting to protect themselves from the frequent and well-documented potential damage from drilling. The reason that this is so critical now is that  improvements in fracking and horizontal drilling technologies are bringing drilling closer to where people live.

Nowhere is this clearer than in the area near Belfry. Oil companies have been drilling in the Elk Basin field on the Wyoming border south of Belfry for a century. But the well recently proposed in the Silvertip area was miles from Elk Basin and down the hill in an untouched community of small farms and ranches. Again, the letter writer knows better, yet pretends that companies are “look(ing) for oil in a place oil had been found and utilized for over 100 years.” It’s not the same place, and the impacts would be far different.

Elk Basin Gusher, 1917. Photo: American Heritage Center

Elk Basin Gusher, 1917. Photo: American Heritage Center

Oil prices will go up again, and that will likely make it profitable to drill in previously undisturbed areas along the Beartooth Front. It is the responsible thing for local communities to make regulations to protect themselves when that happens.

Reasonable people don’t waste time making false arguments and belittling their neighbors. They work together as community to do the right thing.

The long history of oil drilling in Elk Basin explains why local zoning is necessary
Third edition of fracking compendium includes over 100 new studies on the risks of fracking
Frequently Asked Questions about the Silvertip citizen-initiated zone
A visit to the front in the war on rural America
We’ve reached a tipping point: there are now more solar jobs than oil jobs

View Preserve the Beartooth Front video:

Posted in Shared Letters and Posts | Tagged , , , , , | Leave a comment

A new study says drilling is happening too close to homes; the Montana Board of Oil and Gas doesn’t care

Download the study

Click to download the study

A new peer-reviewed study published in the journal Environmental Health Perspectives found that setbacks — the minimum allowable distance between a well and occupied residences, schools, or hospitals — are too close to where people live. According to the study, the current setbacks in Pennsylvania, Colorado and Texas leave residents vulnerable to explosions from well blowouts and to air pollution generated at wells “above health-based risk levels.”

Montana has no setback rules at all. The Montana Board of Oil and Gas Conservation (BOGC) recently considered this issue, and has decided not to put setbacks in place. Pennsylvania’s minimum setback is 500 feet from any occupied building. Texas’ is 200 feet; Colorado’s is 500 to 1,000 feet.

“Five hundred feet, we know, is not sufficient,” says Marsha Haley, assistant professor of radiation oncology at the University of Pittsburgh and the study’s lead author. “Unfortunately, there’s no defined safe setback distance.” The University of Maryland’s School of Public Health recommends that states set a distance of 2,000 feet from any well (see p. 91 at link) “I’d probably say that’s a good minimum distance,” Haley said. “We know there are studies that show increased hospitalization rates, decreased birth weights and increased cancer risks in those that live that close to a well.”

Montana has no setback requirements
Meanwhile, Montana remains one of the few oil and gas states with no setback requirements. That means that there is no minimum distance between a wellhead and residences, schools and hospitals.

The map below shows setback requirements by state as of June 2013. Since the map was created Wyoming has extended its setback requirement to 500 feet, and Colorado has extended to 1000 feet in some circumstances.

Source: Resources for the Future, "The State of State Shale Gas Regulations," June 2013

Source: Resources for the Future, “The State of State Shale Gas Regulations,” June 2013

Last summer the BOGC, at the urging of Northern Plains Resource Council and others, took up the issue of rulemaking for setbacks. After hearing from many residents regarding the need for minimum setbacks, the BOGC decided not to take up rulemaking, but to form a subcommittee to consider the issue.

Subcommittee recommendation
The subcommittee has now done its work, and has recommended the following, according to minutes from the BOGC’s December meeting:

“The subcommittee made the recommendation to amend the permit process to require notification to owners of occupied residences within a ¼ mile of the proposed drilling location. Operators would be required to offer proof that notice was given to an occupied resident owner. This process would allow time to file a protest and appear at a hearing.”

You read that right — no minimum setbacks, just a required notification to tell you they’re about to put a well next to your kitchen window or the lunchroom at your local elementary school. According to board member Ronald Efta, “This rule would be similar to neighboring states.” That’s true only if you don’t consider North Dakota and Wyoming neighboring states.

The Board of Oil and Gas deciding to do nothing. Photo: Casey Page, Billings GazetteThe Board of Oil and Gas deciding to do nothing. Photo: Casey Page, Billings Gazette

Local governments need to protect themselves
It is important to understand that the BOGC is an arm of the oil and gas industry. The word “Conservation” in the organization’s name refers to conservation of oil and gas for profit, not of environmental resources.

There is no statewide agency in Montana that protects citizens from potential damage from oil and gas drilling. That is why it is critical for local residents and county governments enact regulations to protect their communities. That is why Carbon County residents have gone to the Montana Supreme Court to establish a special district, and why Stillwater County landowners have submitted petitions to set up a similar district.

There is no other way for Montana landowners to protect themselves.

What’s wrong with the Montana Board of Oil and Gas Conservation
Action alert: Your voice is needed to put strong Montana setback rules in place
Beartooth Front landowners present hundreds of petitions to Stillwater County Commissioners to set up oil and gas zoning district
All briefs filed in Silvertip Zone case; Montana Supreme Court decision is next


Posted in Health impacts | Tagged , | 5 Comments

McClendon’s death leaves legacy of profit at the expense of landowners

A shocking story out of Oklahoma tells of the death of oil executive Aubrey McClendon, who was killed in a violent car crash yesterday, just one day after he was indicted in federal court for violations of anti-trust laws.

Aubrey McClendon. Photo: Sean Gardner, Reuters

Aubrey McClendon. Photo: Sean Gardner, Reuters

While no cause of death has been declared, it appears McClendon drove his SUV at a high rate of speed directly into a wall. According to police, “There was plenty of opportunity for him to correct and get back on the roadway, and that didn’t occur.” McClendon was not wearing a seatbelt at the time of the crash.

McClendon was accused of orchestrating a scheme between two large oil and gas companies to not bid against each other for leases in northwest Oklahoma from December 2007 to March 2012, the Justice Department said Tuesday in a statement.  His “actions put company profits ahead of the interests of leaseholders entitled to competitive bids for oil and gas rights on their land”.

McClendon is a legendary figure in the fracking boom over the last decade, and we’ve written about him several times on this site. He made billions in fracking at the expense of property owners, pushing to drill every possible well with little regard for environmental impact.

Illegal deductions from royalty payments
In March of 2014, we described a scheme in which McClendon overcharged for payments to his pipeline company for the transport of gas to market, and deducted the charges from royalties due to landowners, including Pennsylvania farmer Joe Drake,

“I got the check out of the mail… I saw what the gross was,” said Drake, a third-generation Pennsylvania farmer whose monthly royalty payments for the same amount of gas plummeted from $5,300 in July 2012 to $541 last February.  This sort of precipitous drop can reflect gyrations in the  price of gas. But in this case, Drake’s shrinking check resulted from a corporate decision by Chesapeake to radically reinterpret the terms of the deal it had struck to drill on his land. “If you or I did that we’d be in jail,” Drake said.

McClendon’s death came just as jail was about to become a reality for him.

This practice has generated a flood of lawsuits across several states. Hundreds drag on in North Texas alone. One Fort Worth law firm alone filed 435 lawsuits on behalf of 22,443 plaintiffs after rounding up clients through a media blitz, the Fort Worth Star-Telegram reported last month.

Illegal price fixing of leases
In May of 2014, we described a scheme in which McClendon directed executives at Chesapeake Oil to collude with Encana Corporation to drive the price of oil leases in Michigan from $1413 per acre to just $13 per acre by reaching an agreement in which the two companies would never bid against each other for the same lease. While McClendon was never indicted for this scheme, it appears similar to the Oklahoma scheme for which he was indicted this week.

An object lesson in community preservation
The point here is not to drag a dead man through the mud. McClendon’s apparent decision to end his life rather than face the consequences of his actions is sad and requires no embellishment from me.

The point is to caution landowners that the circumstances of McClendon’s death should remind us all that oil companies care about profits, not the rights of landowners. If you want to protect your rights, it is critical to set the terms upon which drilling occurs on your property. Mechanisms exist in the law to do that, but you have to be vigilant and act together as community to make it happen.

Landowners in Carbon and Stillwater counties along the Beartooth Front are currently engaged in battles to do this. The fight is long, but the goal — long-term preservation of a way of life — is worth the effort.

Announcing the first Rex Tillerson Fracking Hypocrite Award
Announcing the second Rex Tillerson Fracking Hypocrite Award
Beartooth Front landowners present hundreds of petitions to Stillwater County Commissioners to set up oil and gas zoning district
All briefs filed in Silvertip Zone case; Montana Supreme Court decision is next
Citizen initiated zoning: a way to restore fairness to oil and gas drilling in Montana

: NPR interview with Russell Gold of Wall Street Journal on Aubrey McClendon


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Documentary film on Bakken life debuts Sunday in Billings

The documentary film “Makoshika,” about life in the Bakken oil fields, will have its Billings premiere this Sunday at 7pm at the Babcock Theater, and will also be shown at the Art House Pub and Theater on March 4-6 and 9-10.

Photo: High Plains Heritage Project

Photo: High Plains Heritage Project

The 50-minute documentary is a culmination of the High Plains Heritage Project, which we first wrote about 18 months ago, when four Montana jour- nalists set off for the Bakken to do in depth coverage of the past, present and future of the region.

According to David Crisp at Last Best News,

“Makoshika” is a beautifully shot film, moving at a relaxed pace from interviews with longtime residents of the area, to the impacts of the boom, to the bitter winter of concern.” (Director Jessica Jane) Hart said the goal was to examine the economic boom-and-bust cycles of the Western economy without taking a stand for or against oil production.

“I’m not pro- or anti-oil at all,” she said in Billings last week. Rather, she sees the film as a portrait of humanity.

For residents along the Beartooth Front considering how to prepare for a future oil boom, the film offers much to consider. From Makoshika’s web site:

Our story begins in summer 2014, when unprecedented development was in full swing, and concludes the following winter, as falling oil prices foretell a possible end to the boom. In this setting, small towns where residents once left their doors unlocked are overrun with workers vying for jobs in the oil fields, camper trailers sprawl across rural landscapes, and tight-knit farming communities inflate into boom towns. Competing interests and contrasting lifestyles of the characters weave together as they cope with the challenges and hopes of their environment.

Examining both the present boom and those since passed, Makoshika alternates between intimate first person narratives and historical commentary, asking viewers to look at the present through the lens of history. The film is a dialogue on the delicate balance between economic development and environmental and social justice from a diverse range of voices, and a portrait of a fascinating American region in transition.

With mild spring weather forecast for Billings this weekend, we recommend the journey.


Last Best News
High Plains Heritage web site
Makoshika web site
Tickets for the Sunday showing are $7.00, and are available online and at the door.
Makoshika comes from the Lakota “Ma-ko-shi-ka,” meaning “bad land.”

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Study: Native trout populations endangered by global warming

Stillwater River bounty

Stillwater River bounty

We’re about a month away from the first mayfly hatch, and it’s getting to be time for a fisherman’s thoughts to turn to casting a fly on one of the magnificent wild trout streams along the Beartooth Front.

It’s something we take for granted, but a recent study by a team of researchers from the US Geological Survey (USGS), including two based in Montana, found that changes in climate directly and consistently influence trout populations worldwide.

In the study, titled “Impacts of Climatic Variation on Trout: A Global Synthesis and Path Forward,” lead author Ryan Kovach and his colleagues provide the first global literature review of trout responses to climate change over time.

Ryan Kovach

Ryan Kovach

Key patterns emerged from the existing data. In particular, lower summer streamflows were associated with reduced growth, survival, and abundance across trout species, locations, age classes, and even continents. As global warming brings diminished winter snowpack, lower summer streamflows and increased temperatures, the impact on local trout populations will be significant.

Measuring surface water
Summer streamflow is a matter of significant concern along the Beartooth Front.

The Surface Water Supply Index (SWSI) is a complex measure that incorporates both hydrological and climatological features into a single index value for river basins. It includes snowpack, streamflow, precipitation, and reservoir storage into a single number centered on zero, with a range between -4.2 and +4.2. The map below, from the state of Montana web site last summer, depicts the SWSI for all river basins in the state as of August 1, 2015.

Surface Water Supply Index_Aug 15As you can see, both the Stillwater and Clarks Fork Yellowstone basins are extremely dry, with SWSI indexes of -3.8 and -3.6 respectively. (To see this, click on map to enlarge, and look at legend on left. Stillwater is 44, Clarks Fork Yellowstone is 46.)

Prospects for next summer are not particularly good, as current snowpack is about 90% of normal. Today, at the peak of winter snowpack, the SWSI for the Stillwater is -1.7, and for the Clarks Fork Yellowstone -1.2.

Continued low streamflows and increased temperature due to climate change will have a sustained impact on the viability of trout populations in our rivers.

Natural resource management is critical
“The key message is that climate does have a strong influence on trout populations, and this is something we have observed over time,” said Kovach in a recent interview with the Flathead Beacon. “We’ve seen that year-to-year variations in streamflow and temperature can have an impact on trout populations. This highlights that climate and climate change is not speculative, it is realized. It is something that we need to confront now in terms of natural resource management, but also from a societal perspective.”

With regard to climate change, there are many things we can’t control and some we can. Our rivers are going to be lower and water temperatures will be warmer over time. This will inevitably impact the rainbows, browns and cutthroats in our rivers. It is essential that we do everything we can to protect those waters from negative outside influences, including mineral extraction.

You can read the USGS study by clicking here.

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