Posted in Air Quality, Good Government, natural gas, tagged Eminent Domain, fracking, keystone xl, Private property, Tar Sands, Texas, texas supreme court on February 27, 2011 |
The Texas Supreme Court, the state’s highest civil court, will hear a controversial case over whether a company that plans to build pipeline to carry carbon dioxide and natural gas from Louisiana to site south of Houston qualifies as a “common carrier,” giving it the power of eminent domain. That means if they want to come through your property and you don’t want to sign the offer they make on your property, they can begin condemnation procedures to just take your property for what they think it is worth. And that just ain’t right.
The case is scheduled for oral arguments before the Texas Supreme Court on April 19th. At issue is whether the Jefferson County trial court ruled incorrectly when it said Denbury was a common carrier (meaning besides the company’s private, for-profit use, the line would be available for public use as well) and therefore could force private landowners to sell right-of-way so the 320-mile stretch of pipe could be built.
The appeals court upheld the trial court.
The industry is watching the case closely, and so should you, as lawmakers this session are considering emergency legislation that would strengthen the position of private property owners in eminent domain cases. If the Supreme Court rules in the company’s favor and the legislation is passed, we could see a whole network of new pipelines snaking across areas of northeast and east Texas as natural gas companies expand their fracking projects and with a Canadian company pushing the tar sands pipeline from Western and Central Canada, down through the middle of the country on its way to crude refineries in the Houston area. And they’ll be singing:
So Lord help the sister, who comes between me and my pipeline terminus.
To see the court documents filed in the case, click here.
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By promoting cleaner energy, cleaner government, and cleaner air for all Texans, we hope to provide for a healthy place to live and prosper. We are Public Citizen Texas.
Posted in Air Quality, natural gas, tagged Barnett shale, hydraulic fracturing, Texas, United States Environmental Protection Agency on February 14, 2011 |
Even CSI is talking about fracking
According to the Fort Worth Star Telegram, the Barnett Shale natural gas fields of Denton and Wise counties are one of five finalists to be considered for a case study as part of the Environmental Protection Agency’s (EPA) examination of hydraulic fracturing.
That is not a competition I would want to win, but if I were facing possible contamination of drinking-water supplies from oil and gas industry operations in areas where drilling and hydraulic fracturing have already occurred, I’d want to know what the extent of that pollution was.
Nevertheless. a Texas organizer for the Earthworks Oil and Gas Accountability Project, expressed concern Wednesday about the study, stating she felt EPA would be using “people as guinea pigs.” She called for the leaders in those Texas communities to consider placing a moratorium on hydraulic fracturing until after the study is complete (like that is going to happen–sadly probably not) and use some other community for the study. (more…)
Posted in natural gas, tagged Diesel fuel, hydraulic fracturing, public citizen texas, safe drinking water act, Texas, United States Environmental Protection Agency on February 2, 2011 |
Drilling companies injected more than 32 million gallons of fluids containing diesel into the ground during hydraulic fracturing operations from 2005 to 2009, according to federal lawmakers. About a third of the 32 million gallons was straight diesel fuel, with 49.8% of the 32.2 million gallons of fluid containing diesel injected into Texas wells. Texas lead the 19 states using diesel as a fracking fluid, followed by Oklahoma at 10% of the 32.2 million gallons.
Hydraulic fracturing is a drilling technique that involves pumping millions of gallons of water mixed with sand and chemicals into underground formations to release greater quantities of gas and oil. The technique dates back several decades, but it has drawn new scrutiny from the public and regulators as its use has grown in recent years.
Concerns include the potential for the chemicals to get into drinking water or for natural gas to migrate into water wells. While the industry says that such an incident rarely happens and can easily be avoided, some homeowners near Fort Worth would probably wouldn’t buy that claim.
Most hydraulic fracturing fluid uses water as its primary component, but in formations where water is absorbed too easily – such as in certain kinds of clay – diesel is used as an additive.
The EPA and industry agreed in 2003 that diesel wouldn’t be used in hydraulic fracturing jobs in coal bed methane formations, because drilling in those formations tends to be closer to drinking water sources. At this time, none of the companies that used diesel as a fracking fluid could provide data on whether they performed hydraulic fracturing in or near underground sources of drinking water.
Lawmakers are asking the EPA to look at diesel use in its study into the safety of hydraulic fracturing.
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By promoting cleaner energy, cleaner government, and cleaner air for all Texans, we hope to provide for a healthy place to live and prosper. We are Public Citizen Texas.
Posted in Air Quality, Coal, Global Warming, natural gas, tagged Coal, Dallas Morning News, david dewhurst, Texas, United States Environmental Protection Agency on January 24, 2011 |
After Lt. Gov. David Dewhurst‘s remarks, made during his session-opening luncheon just a week ago, about his plans to push for “regulatory and fiscal incentives” to phase out the heavy-polluting coal plants that were built back to the 1970s and replace them with natural gas plants, the Lt. Governor is now back pedalling saying he’s NOT pushing for fast shutdown of Texas’ aging or inefficient coal-fired power plants. Instead, he wants to gradually increasing the use of cleaner-burning, Texas natural gas through market-based incentives.
Dewhurst backed off his earlier stance after the Dallas Morning News suggested the plan would mean lights out for Texas, since those old plants account for some 8,300 megawatts.
Coal vs gas could be yet another controversy as the 2011 session heats up. There’s pressure from the EPA and elsewhere for Texas to lower its pollution levels, and the feds show little sign of backing away from their efforts to regulated greenhouse gas emissions.
One thing is obvious, Dewhurst doesn’t want to caught in crossfire of the coal vs. gas battle. Instead, he is falling back on standard industry language, meant to placate everyone. “In order to meet our current energy demands and fuel our economy, Texas will continue to rely on the use of coal, wind, nuclear and solar power, in addition to natural gas, as part of our diversified energy portfolio.”
Oh for the days when occasionally a politician would take a position – right or wrong, popular or unpopular – and stand by it.
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By promoting cleaner energy, cleaner government, and cleaner air for all Texans, we hope to provide for a healthy place to live and prosper. We are Public Citizen Texas.
Posted in Air Quality, Energy, natural gas, Toxics, tagged Barnett shale, Texas, Texas Railroad Commission, United States Environmental Protection Agency on December 10, 2010 |
Barnett Shale
The Texas Railroad Commission (RCC) will hold a special hearing January 10th to look into the complaints of methane in two Parker County drinking water wells that prompted the U.S. Environmental Protection Agency (EPA) this week to order a natural gas drilling company to take steps to remediate the problem. The RRC has not yet posted the starting time or place but we will let you know as we hear more.
Both the Railroad Commission and Range Resources, which drilled the Barnett Shale gas wells near the two homes affected by the methane-laden water, accused the EPA of acting in haste when they issued an order of remediation late Tuesday. Both the RRC and Range Resources claimed there was insufficient evidence to blame drilling operations for the situation. But critics of the drilling operations in North Texas suggested that the Railroad Commission was acting more as a booster than a regulator of the natural gas industry.
In its emergency order, the EPA said that its testing suggests that the gases found in the water and gases from Range’s wells “are likely to be from the same source.” The EPA also pointed out that there were no reports of methane in either of the two water wells that were drilled in 2002 and 2005 until after Range sunk its nearby gas wells in 2009.
In the Railroad Commission’s response to the EPA order, all three commissioners suggested the federal agency was needlessly overstepping its authority. And the commission included a detailed timeline showing the progress of its own investigation into the affected drinking water wells.
If you live in the Barnett Shale region and are concerned, we urge you to attend this hearing. We will post details about the hearing as soon as they are available.
If you are concerned that the RailRoad Commission is not being protective of the health and well-being of Texans, consider attending the Sunset Advisory Commission‘s hearing on the RRC and the Texas Commission on Environmental Quality next week, December 15th. See our earlier blog for details.
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By promoting cleaner energy, cleaner government, and cleaner air for all Texans, we hope to provide for a healthy place to live and prosper. We are Public Citizen Texas.
Posted in Air Quality, Coal, Energy, Global Warming, natural gas, Renewables, TCEQ, tagged clean air act, EPA, flex permits, fort worth star telegram, George W. Bush, greenhouse gas, greenhouse gases, Major stationary source, TCEQ, Texas, Texas Commission on Environmental Quality, United States Environmental Protection Agency on October 29, 2010 |
With states scrambling to align their own rules with U.S. EPA‘s new regulations, which are set to take effect on Jan. 2, 2011 and require regulators to start issuing Clean Air Act permits next year for large stationary sources of greenhouse gas emissions, Texas is now the lone holdout, according to an analysis by the National Association of Clean Air Agencies (NACAA). Click here to see a copy of the analysis. (more…)
Posted in Air Quality, Energy, Global Warming, green jobs, natural gas, Renewables, Tarsands, Toxics, tagged canada, climate change, dirty, Energy, Global Warming, Keystone Pipeline, oil, Oil sands, Oklahoma, pipeline, Public Citizen, public citizen texas, Tar Sands, tarsands, Texas, transcanada on September 24, 2010 |
Tar sands oil makes conventional oil look clean by comparison, as it produces 3.2-4.5 times more the carbon footprint than conventional fuel. If that weren’t bad enough cleaner fuels such as natural gas, which otherwise might be used to generate electricity, are wasted in the process of creating more dirty energy from tar sands. Tar sands oil is a type of bitumen deposited in a semi solid form whose extraction is an extremely energy intensive project. For every third barrel of oil extracted one has effectively been consumed by the process. The process of tar sands oil extraction has left vast tracts of land barren with little vegetation as it is strip mined; while only 10%, of what is excavated, is oil. While some water is recyclable, the remaining toxic water is diverted to the euphemistically named “tailing ponds”. There are 2.5-4 barrels of water dumped into these toxic lakes for every barrel of oil extracted. These toxic “ponds” are actually very large; some are even visible from space.
Needless to say these pools are quite harmful to surrounding ecosystems as well as ground water supplies. The land left behind from tar sands extraction is a barren wasteland lacking vegetation and dotted with these toxic waste pools. Not only is the devastation comprehensive, it is widespread. Tar sands extraction in Alberta, Canada is set to affect an area the size of Florida.
Pipelines bringing this dirty oil to the United States have already been built, but TransCanada, an extractor of tar sands oil, has proposed to expand the pipeline system. Part of the proposed expansion will link to a current pipeline in Oklahoma and extend it into East Texas and the Houston Bay Area so that it might be refined there. These refineries will require expensive additions to handle this heavy crude. The planned route crosses through Texas and Oklahoma over rivers, through national forests, and across private land. Landowners have been threatened with eminent domain if they do not comply with Keystone’s demands. Keystone XL clearly places finance over environmental safety as they applied for (then temporarily withdrew) an application for exemptions to the rules that would allow them to make the pipe thinner in rural areas and yet pump at above currently permissible levels. However, they may reapply for this “special permit” later as they seek lower costs at the expense of the public. We cannot allow this to happen. The social costs of tar sands oil production is far too high and the benefits far too small. The expansion of this extremely dirty energy undermines what progress has been made in cleaning America’s energy consumption. While we should be cultivating clean energy production, the dirtiest energy production is being expanded.
Keystone XL needs a presidential permit to build this international pipeline. This is a point of vulnerability. Throughout the summer Public Citizen has been organizing individuals and groups to attend various meetings, hearings, and conferences. The U.S. State Department has held public hearings on its Draft EIS and we have urged others to take the opportunity to raise their voice.
Our efforts at getting such groups together continue as we move further down the proposed pipeline into the Houston area, reactivating allies and making new ones as we work together to stop a pipeline that is proposed to travel near sensitive areas such as the Big Thicket National Preserve. This pipeline only adds to Texas’ clean air problems and by stopping it in Texas we can change the momentum on a rapidly growing dirty industry. Future infrastructure development should be dedicated to renewable, clean energy – not dirtier energy than what we already have.
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By promoting cleaner energy, cleaner government, and cleaner air for all Texans, we hope to provide for a healthy place to live and prosper. We are Public Citizen Texas.
Posted in Efficiency, Energy, natural gas, Renewables, tagged compressed air energy storage, Energy, Energy Efficiency, energy storage, flywheel energy storage, public citizen texas, renewable energy, Renewables, solar power, Texas, Texas Commission on Environmental Quality on August 28, 2010 |
Long thought to be the last commodity that can’t be saved for later use, large scale electrical energy storage is finally looking like a technology who’s time might have come.
Recently introduced the “Storage Technology of Renewable and Green Energy Act of 2010” Act (S. 3617) introduced by U.S. Senators Jeff Bingaman (D-N.M.), Ron Wyden (D-Ore.) and Jeanne Shaheen (D-N.H.) stands to finally get things moving in the energy storage development space.
To go along with that, the Texas Commission on Environmental Quality announced that they are taking applications for a Texas Emissions Reduction Program (TERP) new technology implementation grant (NTIG) on energy storage based on a bill that got passed last session (yes they did pass a few bills last session). Anyone that needs a cool 3 mil to get a project off the ground should consider applying as applications are due by September 17 and, if congress can get their act together, there might be a 20% tax credit to sweeten the pot.
Energy storage has been called the holy grail of renewable’s by members of the Leg and could potentially solve a bunch of technical issues on the Texas electrical grid depending on the technology implemented. Compressed air storage, fast acting flywheels, super conducting magnetic loops and all sort of different batteries each provide a different solution to various problems.
Grid stabilization is one that needs to be looked at in the near future. Using solid state electronics these storage solutions can react in fractions of a second (and less then one of the 60 cycles per second our electrical system runs on) to smooth the flow of electrons from the generator to your home and business and reducing the speed that a gas generator needs to react to an increase or decrease in load on the electrical grid.
Large scale storage will allow wind (which blows mostly at night in Texas) and solar to be stored and used when the energy is most needed (all though solar produces most of its energy at peak load already). Batteries, suitably placed like the one EET built in Presidio can reduce the need to build new transmission lines and substations. Lets hope our Legislators (both in Texas and at the federal level) can do something to move this new technology along. It can support the increasing amount of renewable’s we need to build, stabilize our electrical system and reduce emissions by making renewable energy available when we need it, and providing fast acting response when the grid needs a little extra juice, rather than firing up another gas turbine, or help us, a coal plant.
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By promoting cleaner energy, cleaner government, and cleaner air for all Texans, we hope to provide for a healthy place to live and prosper. We are Public Citizen Texas.
Posted in Air Quality, Energy, natural gas, tagged Air Quality, Barnett shale, dallas, dfw, environment, environmental quality, fort worth, natural gas, TCEQ, Texas, Texas Commission on Environmental Quality on August 27, 2010 |
Live downwind from the Barnett Shale ?
The Texas Commission on Environmental Quality posted an interactive map of the Barnett Shale on its website that allows you to see the latest data from the various air quality monitoring sites near natural gas drilling and pipeline facilities.
Barnett Shale Air Sampling Map Viewer
Be forwarned however that the information contained on this website is not for the faint of heart or the casual internet surfer. Those who venture through the maze that is the TCEQ website, without much beyond a basic familiarity of the terms associated with measuring the sundry compounds that can escape from gas operation facilities, might find themselves challenged to understand what the map offers.
TCEQ has been under pressure from North Texas lawmakers and from various interest groups to provide the public with as much information as possible about how gas operations in the urbanized Barnett Shale might be affecting air quality. And the introduction of the map comes just four days after the chairmen of the House and Senate committees that oversee environmental regulations prompted the agency to more than double the number of air monitoring sites in the Barnett Shale.
TCEQ also announced today that it plans to hold an open house in the Barnett Shale area in October that will feature interactive displays and presentations where residents can learn about specific regulatory activities in the area. Details about when and where the open house will take place are not yet available but we will let you know as soon as we know.
TCEQ has said that the U.S. Environmental Protection Agency evaluated its monitoring operations in the tiny town of Dish and found no reason to doubt the validity of the test results.
Feeling adventurous? Want to to spend part of your weekend wandering around virtually through the new interactive map? Click here.
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By promoting cleaner energy, cleaner government, and cleaner air for all Texans, we hope to provide for a healthy place to live and prosper. We are Public Citizen Texas.
Posted in Coal, Efficiency, Energy, Global Warming, green jobs, natural gas, Renewables, solar, Uncategorized, tagged Clean Energy, climate change, Energy Efficiency, ercot, Nikola Tesla, public citizen texas, Texas on August 10, 2010 |
Come close together, cats and kitties, and gather ’round, while the Powerman gets his story-telling hat- the one with the fine white brim- slips it on and talks about what’s going down with a happening riff:, with a tip o’ the hat to Lord Buckley for those yet to be hip to the flip, we are not talking bout sound. 60.000 cycles per second 60 hertz or one sixtieth of a second, precisely, exactly, over and over, up and down, positive to negative and back again, round and around. You- over in the corner, the group that seems in tune, go ahead and hit an Ohm- I know that you want to. Now don’t that sound mighty fine, but take it down real low, just a hum, the cats might have to carry this tune ’cause it’s down kinda a low, around 60 cycles or so. Now there’s a Ohm that’s fine to hear and hum that travels, it’s nice and it’s clear, and kitties don’t worry if the tone hunts around, that’s fine, it’s how it works, now I’ll tell you what’s going down.
Back in the day, not so long ago, there were wizards walked the earth mighty and proud. They worked with lightning, electricity we say, with sparks and bolts that could knock you down, pick you up and smack you around and kill a cat if you didn’t know the rules, it wasn’t nothing to play round with now, can you dig it? I knew that you could. (more…)
Posted in Coal, Consumers, Efficiency, Energy, Global Warming, natural gas, Nuclear, Renewables, tagged Burt Solomons, david power, Energy Efficiency, Jim Keffer, Kate Robertson, matt johnson, PUC, Railroad Commission, Rick Perry, seco, TDHCA, Texas, troy fraser, Water Development Board on August 4, 2010 |
Public Citizen, Environmental Defense Fund Call for Independent State Agency to Coordinate State’s Energy Efficiency Efforts
AUSTIN – In response to the Public Utility Commission’s (PUC) planned adoption of new energy efficiency goals, Public Citizen and Environmental Defense Fund today called for sweeping changes to the way Texas runs its energy efficiency programs. The groups said that a single independent state agency would better serve Texas because it could coordinate programs currently regulated by multiple agencies and reduce agency overlap.
“We have no confidence in the Public Utility Commission process,” said David Power, deputy director of Public Citizen’s Texas office. “The time has come to change the way Texas saves energy because the current setup is ineffective. It is time for the Legislature to take control and create a new state agency that can put consumers first and save more money.”
The groups plan to send a letter to state Sen. Troy Fraser, chair of the Senate Natural Resources Committee, and state Reps. Jim Keffer and Burt Solomons, chairs of the House Energy Resources and State Affairs Committees, asking them to support legislation in the upcoming session to create an independent efficiency agency.
Under current law, the PUC, the agency in charge of regulating most of the state’s “poles and wires” companies, is supposed to review and approve the energy efficiency programs of the utilities. But other state agencies oversee efficiency programs too, including the Department of Housing and Community Affairs and State Energy Conservation Office. Housing the coordination of these efforts under one roof would help streamline state regulation and create more savings potential for Texans, the groups said.
“Several agencies either run or oversee similar programs,” said Kate Robertson, energy efficiency specialist with Environmental Defense Fund. “In some instances, like market outreach, a single state agency could coordinate the activities of all efficiency programs instead of multiple people doing the same thing for their own programs.”
The groups also criticized the PUC’s negative attitude toward energy efficiency. Over the past year and a half, agency staff had been developing plans to increase the state’s goal for energy efficiency. On Friday, however, the three commissioners appointed by Gov. Rick Perry slashed the proposal dramatically, ostensibly for cost reasons, reducing the efficiency goal from 1 percent of peak demand by 2014 to a third of the growth in demand by 2013 – a much smaller increase. The PUC even has proposed curtailing the amount utilities can spend on efficiency measures.
“It is baffling to us that the commission thinks energy efficiency is not worth the cost,” said Matthew Johnson, a policy analyst with Public Citizen’s Texas office. “Ratepayers’ utility bills pay primarily for fuel like natural gas and coal, power plants and the grid infrastructure. Energy efficiency costs around a dollar per month on a typical $100 electric bill and it pays for itself by reducing the need for new, costly power plants.” (more…)
Posted in Air Quality, Coal, Consumers, Diesel, Efficiency, Energy, Global Warming, Good Government, green jobs, natural gas, Renewables, tagged Barry Smitherman, Donna Nelson, EEIP, Efficiency, Energy Efficiency, Ken Anderson, public citizen texas, PUC, Rick Perry, SB546, Texas on July 30, 2010 |
Perry Appointees Smitherman, Nelson, Anderson protect consumers from energy efficiency
There is a disturbing trend emerging in Texas. A once successful consumer-oriented program is floundering because of a deficit of perspective behind the dais at the PUC.
The Public Utility Commission of Texas proposed adopting an update to the state’s energy efficiency program that would cap the amount of money utilities could spend on programs that reduce the energy bills for homes and businesses.
Under the rule, utility expenditures on energy efficiency would be limited to one tenth of one cent per kilowatt-hour. That’s $0.001, which would amount to around a dollar a month for the average home. It’s worth pointing out that there are no cost caps for other energy resources, just the cheapest one.
This bears repeating: the PUC does not want utilities to spend more money to fund programs that make Texas homes more energy efficient and reduce their utility bills.
During today’s hearing, it was abundantly clear that Governor Perry’s appointees to the commission have folded to industry pressure and adopted the bizarre world view that energy efficiency costs consumers too much money. As evidence, in addition to only considering utility industry estimates on the cost of future efficiency resources, they frequently alluded to a report released this week by the conservative and industry-friendly Texas Public Policy Foundation which made unsubstantiated claims that the consumer benefits of energy efficiency programs could not only be less than currently estimated, but actually negative (page 3). (A more detailed critique of their report is coming).
At a workshop earlier this month, the commissioners only allowed industry representatives to present information. No consumer advocates, environmental groups, no academics were allowed to present and even the comments by ACEEE seem to have been ignored.
It’s now time for the Legislature to be the grownups in the room (more…)
Posted in Air Quality, Coal, Efficiency, Energy, natural gas, Nuclear, Renewables, solar, tagged Air Quality, Clean Energy, Energy Efficiency, Nuclear, renewable energy, Texas on July 22, 2010 |
Headlining the event is Dallas native Ray Johnston with the Ray Johnston Band, a groovy, rock soul act with plenty of attitude. Rounding out the event are Los Pistoleros de Texas, bluesman Mrs. Glass, and country western singer songwriter Robert Ellis.
Expect keynote speaker State Senator Rodney Ellis of Houston to give a rip-roaring speech, flanked by the impassioned Ana Hernandez, three term representative from district 143 of Houston.
About a dozen Houston-based artists are expected to showcase, including Lizbeth Ortiz, who created this piece, “Nurturing Hands”.
There will be a Kids’ Corner and plenty of political activism.
Check them out at www.cleanuptexasnow.org
Hope to see ya’ll there!
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By promoting cleaner energy, cleaner government, and cleaner air for all Texans, we hope to provide for a healthy place to live and prosper. We are Public Citizen Texas.
Posted in Coal, Efficiency, Energy, Global Warming, green jobs, natural gas, Renewables, solar, TCEQ, tagged Air Quality, cap and trade, drilling, drilling moratorium, EPA, TCEQ, Texas on July 7, 2010 |
It is frustrating that our local and federal governments are strained from taking action to ameliorate our air and water quality because once they try to do so, the other side recites loss in jobs as the result– but never do they mention any public health concerns and the effect that has on the economy. (more…)
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