Do ‘Environmental Extremists’ Pose Criminal Threat to Gas Drilling?

by Abrahm Lustgarten Sept 8th, 2010

As debate over natural gas drilling in the Marcellus shale reaches a fever pitch, state and federal authorities are warning Pennsylvania law enforcement that “environmental extremists” pose an increasing threat to security and to the energy sector. A confidential intelligence bulletin sent from the Pennsylvania Department of Homeland Security to law enforcement professionals in late August says drilling opponents have been targeting the energy industry with increasing frequency and that the severity of crimes has increased.

A pro-drilling group, the Marcellus Shale Coalition, characterized the vandalism in Pennsylvania as “directed at preventing our industry from safely delivering these resources to Pennsylvanians.” The group’s president, Kathryn Klaber, said she supported civil debate over drilling, “but to the extent they go in the other direction, and potentially devolve in a manner that undermines our ability to keep our folks safe, then we will have a problem,” she said.

 
It warns of “the use of tactics to try to intimidate companies into making policy decisions deemed appropriate by extremists,” and states that the FBI — the source of some of the language in the Pennsylvania bulletin — has “medium confidence” in the assessment. A spokesman for the FBI did not immediately respond to a request for comment. The advisory, a copy of which was obtained by ProPublica, doesn’t cite the specific incidents causing concern. It is also unclear from accounts from state law enforcement officials whether the incidents in Pennsylvania posed a substantial threat, or what effect the advisory might have on public gathering and the debate over drilling in the state. Pennsylvania State Police said there have been only a few isolated crimes involving drilling facilities.

“We haven’t had any incidents of any significance to date where we have identified a problem, or any environmental extremists,” said Joseph Elias, a captain with the Pennsylvania State Police Domestic Security Division, which was not involved in issuing the bulletin.

An aide to Gov. Ed Rendell — speaking on behalf of the state’s Homeland Security Office — said the advisory was based on five recent vandalism incidents at drilling facilities, including two in which a shotgun was reportedly fired at a gas facility. “All this security bulletin does is raise awareness of local officials. It doesn’t accuse anyone of local activity,” said the spokesman, Gary Tuma. “Where the professionals detect a pattern that may pose a threat to public safety, they have a responsibility to alert local law enforcement authorities and potential victims.”

Anti-drilling activists in the state say that public hearings and other events have been peaceful and that they see no evidence of violent opposition. Given the lack of evidence about “extremist” crimes, they say, the bulletin casts drilling opponents as criminals and threatens to stifle open debate.

“It may very well be designed to chill peoples’ very legitimate participation in public decision making,” said Deborah Goldberg, an attorney with Earthjustice, a national group pressing for stronger environmental protections. “If people who have concerns fear that they are going to be treated as a security threat they may very well be afraid to go and express their views.”

The advisory lists a series of public hearings on drilling permit issues across the state as potential flash points. It also mentions a Sept. 3 screening of the anti-drilling film “Gasland” in Philadelphia that went off without incident. Language describes “environmental activists and militants” on one side of the debate and “property owners, mining and drilling companies” on the other.

Finally, the bulletin groups the public hearings and film screening with protest rallies for anarchist clubs focused on “evading law enforcement,” and with a Muslim advocacy group’s rally for the release of suspects in an alleged terror plot at Fort Dix, N.J.

The advisory was sent to state law enforcement and local government groups, as well as businesses with a specific concern addressed in the bulletin. It was not intended to be distributed to the public.

To read the full ProPublica article cited above, with all its active hyperlinks,  click here:
To read the report cited in this article that wan’t supposed to be made public  (PENNSYLVANIA INTELLIGENCE BULLETIN NO. 131 PENNSYLVANIA INTELLIGENCE BULLETIN NO. 131

In issuing such an advisory, the government has to walk a fine line between the need to respect the fundamental rights of freedom of speech and the need to keep the public safe, said Nathan Sales, an assistant law professor at George Mason University and a former policy development staffer at the U.S. Department of Homeland Security. “The question is how to accomplish the one with minimal consequences to the other,” he said.

Marcellus Shale Coalition Releases the Facts on Flowback Water Treatment

CANONSBURG, Pa., Feb. 4 /PRNewswire/ — The Marcellus Shale Coalition today issued the following statement to provide the facts regarding water use and flowback water management in the development of natural gas from the Marcellus formation: “Pennsylvanians deserve to get the facts about water management for Marcellus Shale development.  We need to put an end to the suppositions that could threaten our state’s ability to create jobs and investment here at home. “Regulations governing the use and management of water needed to drill a Marcellus Shale well in Pennsylvania are among the most stringent in the nation, and ensure the protection of the Commonwealth’s water resources.  Water withdrawals from streams and rivers must be approved, including the withdrawal location and amount of water required for each well, as well as detailed storage and treatment plans. …

Some might ask how stringent are the regulations, and are they stringent enough. One of the regulatory agency representatives at a recent Marcellus Shale public meeting, said federal regulations are stronger than those in PA, but the feds only regulate a small portion of gas industry activities.

“The industry currently treats or recycles all of its flowback water. Recycling accounts for approximately 60 percent of the water used to complete Marcellus Shale wells, with greater percentages predicted for the future.  There are more than a dozen approved water treatment facilities available to treat flowback water, with plans for additional capacity in the future …

Some might ask what the nature of the treated or recycled end product actually is. How much of the original toxic materials and total dissolved solids (TDS) are removed by the treatment, and are ALL the permitted treatment facilities producing the same end product before discharge? Are some discharging only partly treated – or even untreated – fluid?  Is discharging any of the treated fluid into a waterway, injecting it deep into an abandoned well or burying it in a landfill environmentally benign and of no risk to public health? Also, given the number of wells currently producing flowback fluid, is a dozen treatment facilities adequate to protect the environment and public health?

“Claims about elevated levels of Total Dissolved Solids (TDS) in the Monongahela River from natural gas development have been refuted by studies that attribute a minimal amount of the total TDS levels to Marcellus Shale drilling activity. In fact, historical monitoring shows the variability of TDS levels in the Monongahela and other rivers to be a cyclical phenomenon over the past 30 years. …
Some might say that TDS is a scientifically-established environmental pollutant, known to damage freshwater aquatic organisms, endanger public health, interfere with potable water supplier’s services and with industries using water. They might ask whether adding more TDS to the Monongahela – or to any waterway – makes sense, regardless of whether the TDS comes from gas drilling activities or from some other source.
To read the entire press release, click here:

http://www.prnewswire.com/news-releases/marcellus-shale-coalition-releases-the-facts-on-flowback-water-treatment-83561557.html

For those unfamiliar with what the Marcellus Shale Coalition is, click here: http://www.pamarcellus.com/