Marcellus Shale is a geological formation that is found beneath approximately 60 percent of Pennsylvania’s land mass, buried at depths of up to 9,000 feet. So why is a rock formation so sought after, yet controversial at the same time?
Well, natural gas can be extracted and produced from this formation, leading to economic benefits for a region whose development is at a standstill, as well as take advantage of an abundant energy resource for the nation. Jeff Prowant of the Tiadaghton State Forest says, “The industry has created 80,000 jobs in Pennsylvania.” There is potential for even more jobs as the area, coined America’s next super giant in natural gas production, is twice the size of the Barnett Shale of Texas, whose total effects (based on year-end 2007 levels) were found to include $8.2 billion in annual output, $2.4 billion in annual retail sales, and 83,823 permanent jobs. The process begins when natural gas producers obtain gas and mineral rights from landowners in the region by leasing land for potential drilling activity. Once exploration is complete, seismic testing and geophone instruments are used to locate precise areas and drilling commences if the potential is there.
However, not everyone agrees that this is all a good thing. Opponents fear that the process of “fracking” is not safe for humans, animals or the environment. Hydraulic fracturing, or fracking, is when millions of gallons of water, sand and proprietary chemicals are injected, under high pressure, into a well. The pressure fractures the shale and props open fissures that enable natural gas to flow more freely out of the well. The concerns associated with hydraulic fracturing include the contamination of ground water, risks to air quality, the migration of gases and bi-product chemicals to the surface, and the potential mishandling of waste which may subsequently contaminate aquifers. However, Pennsylvania law requires drillers to case and grout wells through all fresh water aquifers before drilling through deeper zones known to contain oil or gas. This casing protects groundwater from pollutants inside the well, and keeps water from the surface and other geologic strata from mixing with and contaminating groundwater. Opponents are not confident that this is effective and say that drilling should not commence until safer alternatives are explored.
You decide. Are the unknown environmental and health risks worth the potential economic benefits in a time of financial turmoil?
-Tim Nalepka, Legal Intern
Friday, February 11, 2011
Wednesday, December 15, 2010
Public Trust Has Joined Good Shop
The Public Trust has joined Good Shop!
Good Shop is a website where you can shop online and a percentage of your purchase will automatically be donated to the Public Trust! Your item won't cost you any more than normal and it's really easy to do.
You may either
1) Log into www.goodsearch.com (note, NOT goodshop.com), then click on the Good Shop button, and start shopping. When it comes times to place your purchase, simply select the Public Trust Environmental Legal Institute as your charity, and that's it.
Or, even easier...
2) Install the goodsearch.com browser on your computer and select the Public Trust Environmental Legal Institute as your charity. Then, anytime you shop from an online store that subscribes to Good Shop, part of your purchase will AUTOMATICALLY be donated to the Public Trust, you don't even have to go through Good Shop's website each time!
Is there an easier way to help raise money for a worthy cause? And it doesn't cost YOU anything! The holidays are in full-swing but you can shop online anytime of year, and when you do, please use Good Shop to help the Public Trust too.
Good Shop is a website where you can shop online and a percentage of your purchase will automatically be donated to the Public Trust! Your item won't cost you any more than normal and it's really easy to do.
You may either
1) Log into www.goodsearch.com (note, NOT goodshop.com), then click on the Good Shop button, and start shopping. When it comes times to place your purchase, simply select the Public Trust Environmental Legal Institute as your charity, and that's it.
Or, even easier...
2) Install the goodsearch.com browser on your computer and select the Public Trust Environmental Legal Institute as your charity. Then, anytime you shop from an online store that subscribes to Good Shop, part of your purchase will AUTOMATICALLY be donated to the Public Trust, you don't even have to go through Good Shop's website each time!
Is there an easier way to help raise money for a worthy cause? And it doesn't cost YOU anything! The holidays are in full-swing but you can shop online anytime of year, and when you do, please use Good Shop to help the Public Trust too.
Monday, November 15, 2010
India's Environmental Tribunal
India is going to be the third country in the world to have a separate judiciary for trying environmental cases. The other two countries with a similar judiciary are Australia and New Zealand. The National Green Tribunal will have twenty members. Ten members will be from the judiciary and ten will be environmental experts. The Tribunal will have four circuits in an effort to hear cases in as much geographical territory of India as possible. Previously, India had a capped penalty of $564 dollars for polluters throughout the country. The National Green Tribunal will be able to order polluters to pay higher amounts.
Some American environmentalists are skeptical of the benefit that the Tribunal will provide. India has had two similar tribunals and both have been widely criticized. In 1995, a hazardous waste tribunal was established, and in 1997, the Nation Environmental Appellate Authority, which the National Green Tribunal will be replacing. Business is growing rapidly in India, and the government is facing pressure to make sure that any environmental regulation will not slow the growth of this business.
India has 5,000 environmental cases currently on file that the National Green Tribunal will be responsible for hearing once it is up and running. One of these cases involves the government’s disposal of toxic waste in 2008 from a chemical spill disaster in 1984. Approximately 350 tons of waste was released from a chemical plant owned by Union Carbide, and 3,800 people were killed as a result. Residual gas from the spill killed an additional 15,000 people and left about 50,000 injured. There are allegations that the 2008 disposal of the waste was done in an improper and secretive manner. With such questionable governmental practices in India, one has to wonder if the National Green Tribunal will do its part to change the situation.
-Evan Aronson, Legal Intern
Some American environmentalists are skeptical of the benefit that the Tribunal will provide. India has had two similar tribunals and both have been widely criticized. In 1995, a hazardous waste tribunal was established, and in 1997, the Nation Environmental Appellate Authority, which the National Green Tribunal will be replacing. Business is growing rapidly in India, and the government is facing pressure to make sure that any environmental regulation will not slow the growth of this business.
India has 5,000 environmental cases currently on file that the National Green Tribunal will be responsible for hearing once it is up and running. One of these cases involves the government’s disposal of toxic waste in 2008 from a chemical spill disaster in 1984. Approximately 350 tons of waste was released from a chemical plant owned by Union Carbide, and 3,800 people were killed as a result. Residual gas from the spill killed an additional 15,000 people and left about 50,000 injured. There are allegations that the 2008 disposal of the waste was done in an improper and secretive manner. With such questionable governmental practices in India, one has to wonder if the National Green Tribunal will do its part to change the situation.
-Evan Aronson, Legal Intern
Friday, November 12, 2010
Turtle Harvesting in Madagascar
A recent study has revealed that villages in the southwestern region of Madagascar are responsible for harvesting up to 16,000 of the world’s rarest turtles. The turtles being harvested are marine turtles. All species of marine turtles are on the IUCN Red List of endangered species, which is arguably the most well-known and comprehensive list of endangered species. The majority of the turtles caught in this region of Madagascar are green turtles, which are the most common of the marine turtles. However, a good percentage of the turtles being caught are the hawksbill, which are much more endangered than the green.
The government of Madagascar has banned the harvesting of marine turtles, but the ban is hardly enforced because of tradition and practical reasons. For example, the coastal villagers of Madagascar rely on turtle meat as a staple of their diet. A conservation group called Blue Ventures has established a partnership with this region of Madagascar in order to address this issue as well as other conservation issues. Blue Ventures claims that it is difficult to get the villagers to understand that the marine turtles are a resource that is being depleted rapidly. Eating the turtles is a historical practice for the villagers, and this practice even has a spiritual component to it.
However, there is a great deal of progress being made. Blue Ventures partnership with Madagascar has been considered so successful that the partnership won several awards from the United Nations. Other conservation efforts by Blue Ventures in the region have showed the villagers the importance of protecting the environment in other ways, and hopefully this awareness will apply to the marine turtle population as well.
-Evan Aronson, Legal Intern
The government of Madagascar has banned the harvesting of marine turtles, but the ban is hardly enforced because of tradition and practical reasons. For example, the coastal villagers of Madagascar rely on turtle meat as a staple of their diet. A conservation group called Blue Ventures has established a partnership with this region of Madagascar in order to address this issue as well as other conservation issues. Blue Ventures claims that it is difficult to get the villagers to understand that the marine turtles are a resource that is being depleted rapidly. Eating the turtles is a historical practice for the villagers, and this practice even has a spiritual component to it.
However, there is a great deal of progress being made. Blue Ventures partnership with Madagascar has been considered so successful that the partnership won several awards from the United Nations. Other conservation efforts by Blue Ventures in the region have showed the villagers the importance of protecting the environment in other ways, and hopefully this awareness will apply to the marine turtle population as well.
-Evan Aronson, Legal Intern
Thursday, October 21, 2010
Restoration of Iraqi Wetlands
Recently, on National Public Radio, a correspondent interviewed an ambitious Iraqi-American engineer. This engineer, Dr. Azzam Alwash, is the founder of a program called Nature Iraqi. One of Dr. Alwash’s ambitions is to restore a region in southern Iraq, near the Tigris and Euphrates Rivers, that was once home to thriving wetlands. Some biblical scholars believed that this area was the home of the Garden of Eden. To provide some idea of its scope, it was larger than the Florida Everglades.
Under the regime of Sadam Hussein, these wetlands were completely drained and destroyed after the people living in the surrounding areas took part in an uprising against Hussein in 1991. Several environmental groups have referred to Hussein’s endeavor to drain these wetlands as the worst human-engineered environmental disaster of the twentieth-century. After Hussein stopped the uprising, he decided to have Iraqi engineers construct six artificial rivers along the Tigris and Euphrates that diverted water away from the wetlands. After this happened, the region became a barren desert, and nearly all of the animal life in the region vanished.
Now, Dr. Alwash has become the head of the effort to restore this region to its former Garden of Eden glory. However, he claims that the people of Iraqi deserve just as much credit as he does in beginning the restoration process. When he traveled to the country in 2003, he noticed that ordinary citizens were digging holes in the embankments of the artificial rivers in order to get water flowing back to the wetland areas. As of now about thirty-five percent of the wetlands are restored, and there would have been a continuing upward trend if not for recent droughts during the past two years.
Dr. Alwash faces political difficulties in that the Iraqi as well as Turkish governments need water for things such as the irrigation of fields, but he is slowly reaching the agreements that he needs to provide enough water to these wetlands. Time will tell if Dr. Alwash will succeed.
-Evan Aronson, Legal Intern
Under the regime of Sadam Hussein, these wetlands were completely drained and destroyed after the people living in the surrounding areas took part in an uprising against Hussein in 1991. Several environmental groups have referred to Hussein’s endeavor to drain these wetlands as the worst human-engineered environmental disaster of the twentieth-century. After Hussein stopped the uprising, he decided to have Iraqi engineers construct six artificial rivers along the Tigris and Euphrates that diverted water away from the wetlands. After this happened, the region became a barren desert, and nearly all of the animal life in the region vanished.
Now, Dr. Alwash has become the head of the effort to restore this region to its former Garden of Eden glory. However, he claims that the people of Iraqi deserve just as much credit as he does in beginning the restoration process. When he traveled to the country in 2003, he noticed that ordinary citizens were digging holes in the embankments of the artificial rivers in order to get water flowing back to the wetland areas. As of now about thirty-five percent of the wetlands are restored, and there would have been a continuing upward trend if not for recent droughts during the past two years.
Dr. Alwash faces political difficulties in that the Iraqi as well as Turkish governments need water for things such as the irrigation of fields, but he is slowly reaching the agreements that he needs to provide enough water to these wetlands. Time will tell if Dr. Alwash will succeed.
-Evan Aronson, Legal Intern
A Not So Green Greenland
Recent turmoil in Greenland has brought a wide array of environmental issues, such as offshore drilling and global climate change, to the surface of the political arena. Diana Wallis, the vice-president of the European Union, has been a frequent participant in the Artic Council, which is an intergovernmental forum for Artic governments and people. Wallis claims Greenland in particular is already feeling the effects of global climate change. The ice caps in the northern region have melted significantly, and Wallis wants the EU to take a stronger role in safeguarding the country against further detrimental effects.
What is rather interesting, however, is that Greenland’s deputy foreign minister, Inuuteq Holm Olsen, seems to stand in opposition to Wallis. It appears as if the melting of the ice caps has yielded an unexpected benefit to the country in the form of newly discovered oil reserves. A Scottish oil producing company known as Cairn Energy claims that there is proof of an active working petroleum system in the region due to the presence of both oil and natural gas.
Olsen believes that Wallis’s plan to safeguard the region will be at the expense of the economic development that the oil reserves might bring. With the recent Gulf oil spill, and the subsequent moratorium on drilling, Olsen is against formidable odds in pursuing these interests. In addition to a general political climate that stands in opposition to the drilling, members of Greenpeace recently scaled an oilrig owned by Cairn Energy. Greenpeace has lodged numerous complaints that an oil spill in this region would be disastrous to the local environment.
Olsen, Wallis, and environmental groups such as Greenpeace all have valid points on this issue, but is there a course of action that is objectively right for Greenland?
-Evan Aronson, Legal Intern
What is rather interesting, however, is that Greenland’s deputy foreign minister, Inuuteq Holm Olsen, seems to stand in opposition to Wallis. It appears as if the melting of the ice caps has yielded an unexpected benefit to the country in the form of newly discovered oil reserves. A Scottish oil producing company known as Cairn Energy claims that there is proof of an active working petroleum system in the region due to the presence of both oil and natural gas.
Olsen believes that Wallis’s plan to safeguard the region will be at the expense of the economic development that the oil reserves might bring. With the recent Gulf oil spill, and the subsequent moratorium on drilling, Olsen is against formidable odds in pursuing these interests. In addition to a general political climate that stands in opposition to the drilling, members of Greenpeace recently scaled an oilrig owned by Cairn Energy. Greenpeace has lodged numerous complaints that an oil spill in this region would be disastrous to the local environment.
Olsen, Wallis, and environmental groups such as Greenpeace all have valid points on this issue, but is there a course of action that is objectively right for Greenland?
-Evan Aronson, Legal Intern
Friday, October 8, 2010
BP May No Longer Bask In the Robbins Dry Dock Rule
The BP oil spill has left many businessmen in coastal areas out of work for an extended period of time. These businessmen are seeking compensation for the loss in business they have incurred as a result of this disaster. However, federal maritime law presents them with a big problem. A rule known as the Robins Dry Dock Rule, named after the legal case that established it, may prevent some of these people from recovering.
Under this rule, a party cannot seek recovery for pure economic losses, which as an example, would be the loss in revenue of a fisherman for his or her inability to fish off the coast. The Robins Dry Dock Rule requires that this economic loss be accompanied by a physical damage to a person or his property. This would mean that the fisherman was not only unable to fish during the spill, but that the oil itself damaged property such as a dock or a ship. Because the BP oil rig was offshore, many of the businessmen affected by the disaster have not incurred any physical damage to their property in that manner. Under the Robins Dry Dock Rule, they would not be able to recover their damages.
However, the promise of recovery for these unfortunate businessmen might not be that bleak. Another law, the Oil Pollution Act of 1990, has established much broader criteria under which parties may recover. This act provides for recovery for purely economic loss to real or personal property that is owned or leased, or to natural resources. These means that fisherman with an interest in the natural resources of the ocean, namely fish, may be able to recover for their loss in revenue.
Although this seems like good news, the Oil Pollution Act has set up a great deal of red tape that might make these businessmen’s hopes of recovery slightly less feasible. In this instance, the party seeking to recover must present their claims directly to BP, and if the claim is denied or it is not settled within 90 days, then the party must seek recovery from a trust fund that was set up as a result of the spill. Time will tell whether BP will be cooperative on these suits, and whether this trust fund will be easily accessible.
-Evan Aronson, Legal Intern
Under this rule, a party cannot seek recovery for pure economic losses, which as an example, would be the loss in revenue of a fisherman for his or her inability to fish off the coast. The Robins Dry Dock Rule requires that this economic loss be accompanied by a physical damage to a person or his property. This would mean that the fisherman was not only unable to fish during the spill, but that the oil itself damaged property such as a dock or a ship. Because the BP oil rig was offshore, many of the businessmen affected by the disaster have not incurred any physical damage to their property in that manner. Under the Robins Dry Dock Rule, they would not be able to recover their damages.
However, the promise of recovery for these unfortunate businessmen might not be that bleak. Another law, the Oil Pollution Act of 1990, has established much broader criteria under which parties may recover. This act provides for recovery for purely economic loss to real or personal property that is owned or leased, or to natural resources. These means that fisherman with an interest in the natural resources of the ocean, namely fish, may be able to recover for their loss in revenue.
Although this seems like good news, the Oil Pollution Act has set up a great deal of red tape that might make these businessmen’s hopes of recovery slightly less feasible. In this instance, the party seeking to recover must present their claims directly to BP, and if the claim is denied or it is not settled within 90 days, then the party must seek recovery from a trust fund that was set up as a result of the spill. Time will tell whether BP will be cooperative on these suits, and whether this trust fund will be easily accessible.
-Evan Aronson, Legal Intern
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