CHARLESTON, W.Va. - Landowners, citizen groups and environmentalists are concerned about legislation now before the House of Delegates that would allow drilling companies to keep secret the chemicals used in hydraulic fracturing (fracking). Outreach coordinator Chuck Wyrostok, West Virginia Sierra Club, said the industry, led by the huge oilfield service company, Halliburton Corp., has convinced lawmakers in several states to treat the chemical formulas as trade secrets.

The drilling service company wants to do the same thing is West Virginia, Wyrostok warned. That is acting with contempt for the people living around Marcellus natural gas drilling, he said.

"It's pretty ludicrous to say, 'We're gonna pump secret chemicals into the ground, and we're gonna transport them through your towns, past your schools. And I'm sorry, you just can't know what they are,'" Wyrostok said.

Senate Bill 243 inserts what Wyrostok and others call the "Halliburton dirty-secrets amendment" into a bundle of rules proposed by the Department of Environmental Protection. It has passed the Senate and is now before the House Judiciary Committee.

Drillers use hundreds of chemicals to help break up the rock deep underground and get the gas out. Halliburton spokesmen have said the company wants to keep competitors from learning its formulas. But critics say it is more likely they don't want landowners and residents to know.

There are practical reasons for not treating the fracking formulas like CIA secrets, Wyrostok pointed out.

"Say a truck going through a town in West Virginia crashes or ruptures, and no one knows what the chemicals are. How do the first responders react to that? They don't know what's in that truck."

Landowners have a hard time testing their well water for contaminates if they don't know what they're looking for, he said, noting that doctors would have to ask the companies what chemicals might be making their patients sick. No one knows how long the company might take to respond, Wyrostok said, or even if it would. Plus, if the doctors find out what the chemicals are, the new rule would forbid them from telling anyone, he added.

"Basically, it's a gag order," he said. "I don't think the medical community is gonna go along with that. Doctors in Pennsylvania are suing the state over it."

Information about the status of SB 243 is available at http://www.legis.state.wv.us.




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MACKINAW CITY, Mich. - Environmental groups and tribal communities are asking the Biden administration to stand with Gov. Gretchen Whitmer in her call to shut down the Line 5 dual pipelines, which run under the Straits of Mackinac.

Canada recently invoked a 1977 treaty to get the United States to allow Enbridge Energy to continue using the pipelines, and has said shutting them down would disrupt Canada's natural-gas supply. But Beth Wallace, manager of the National Wildlife Federation's Great Lakes Freshwater campaigns, pointed out that Line 5 has spilled more than 1 million gallons of oil into the Straits of Mackinac during its nearly 70-year history.

"They're ignoring the pipeline has dozens of locations where protective coating has failed," she said. "The pipeline is bent in at least two locations. It continues to be hit by bow anchors undetected."

On Tuesday, groups delivered a petition with more than 33,000 signatures to the office of U.S. Sen. Gary Peters, D-Mich., hoping he'll pass it along to the White House. The petition noted that Indigenous treaty rights precede the 1977 treaty between the United States and Canada.

Whitney Gravelle, president of Bay Mills Indian Community, said that in 1836, when tribal nations ceded the lands that became the State of Michigan, they were promised the right to fish, hunt and gather.

"And those treaties include solemn promises that the Anishnaabe, my people, would be able to continue to use the water, the land, within that ceded territory to sustain our way of life," she said.

Gravelle said the 1836 treaty rights are still in place today, and will remain so as future generations continue to exercise them.

Line 5 detractors have cited a recent oil spill off the California coast, where an underwater pipeline rupture went undetected until tens of thousands of gallons already had entered the ocean. If a similar leak occurred with Line 5, said Sean McBrearty, an Oil and Water Don't Mix Coalition campaign coordinator, it could be orders of magnitude worse.

"This pipeline was much newer than Line 5, built in an era when pipeline technology was better than it was in 1953," he said, "and yet the operators in California were not able to shut the line down immediately."

BELLINGHAM, Wash. -- Last month's deadly heat wave in the Northwest underscored the need to reduce carbon emissions, but advocates want to ensure low-income communities aren't left behind.

Rose Lathrop, program director for Sustainable Connections, based in Bellingham, said electrifying buildings is key, since they are the fastest-growing source of carbon pollution in Washington state.

"That's up 50% from 1990, and that's due to gas and oil appliances like furnaces, hot-water heaters and stoves," Lathrop outlined. "So the more of this infrastructure that we place inside of homes, the more likely we're going to see internal gas leaks."

Lathrop noted appliances like gas stoves also negatively affect indoor air quality, which is an even greater concern during heat waves when people need to spend more time inside. A recent study found communities of color are disproportionately exposed to heat in cities across the country.

She added replacing gas infrastructure is difficult in older residential buildings, and will become a growing issue for low-income communities.

"How do we electrify those in a way that doesn't harm our low-income communities, and in fact should support them and help them through a positive transition?" Lathrop asked. "And at the end of the day, it's going to take funding."

Lathrop pointed out local governments and Washington state are moving to reduce pollution from buildings, but believes policy without funding will not be effective. She argued the transition away from the use of fuels such as natural gas in buildings needs to be under way now.

"All of our new construction should already be zero-carbon construction," Lathrop asserted. "It's easy enough to do. We have the technology, and we have the capacity to do it."

PARK RAPIDS, Minn. -- The Minnesota Court of Appeals has upheld approvals of permits for the Line 3 oil pipeline.

The move is seen as a win for Enbridge Energy, the company behind the project, but tribal activists opposed to the effort say they'll keep fighting.

In a 2-to-1 decision, the court said state regulators acted properly when giving their consent to Line 3, which is being built to replace an aging oil pipeline that runs across northern Minnesota.

Winona LaDuke is one of the leading tribal advocates speaking out against Line 3. She said the state, including Gov. Tim Walz, has let them down.

"I am so dismayed by the Court of Appeals, and we will stand in resistance with thousands of others," LaDuke vowed. "This summer is young."

She contended the ruling will result in more people arrested or hurt, with opposition surfacing along the construction route. Last week, protesters held their largest gathering yet, resulting in arrests after people locked themselves to equipment.

Meanwhile, LaDuke emphasized they are pleading with the Biden administration to intervene. Canada-based Enbridge said Line 3 creates thousands of jobs, and that high degrees of safety are being applied to construction and maintenance.

Installation of Line 3 is nearly 60% complete, and the court noted its presence, while troublesome to many groups and tribal members, is less of an environmental risk than the current line. But LaDuke said it's a direct threat to natural resources tribes rely on.

"All of our wild-rice watersheds are now subject to Enbridge's aggression and destruction," LaDuke asserted.

Even if this decision is appealed to the Minnesota Supreme Court, opponents worry it would take a long time before a ruling is issued, which is why they want President Joe Biden to take action with construction moving forward.