CLARIFICATION: CNX entered into an agreement with Apex Energy II, but that sale has not been completed. Also, the state's agreement with CNX is not mandatory. A previous draft of the story stated that CNX had acquired Apex Energy II. (11:04 a.m. MDT, Jan. 2, 2025)
A nonprofit group is challenging permits for the construction and operation of fracking wells in western Pennsylvania's Penn Township.
A hearing set for Jan. 15 will examine whether the Pennsylvania Department of Environmental Protection lawfully issued drilling permits to Apex Energy.
Lisa Johnson, attorney for the nonprofit Protect Penn-Trafford, said it's been a yearslong fight to block the Drakulic Well project, for its proximity to homes and an elementary school. Johnson argued the case underscores the importance of Pennsylvania's Environmental Rights Amendment, which protects citizens' rights to clean air and pure water.
"We certainly will be advancing the argument that the DEP violated the Environmental Rights Amendment when it issued the permit," Johnson explained. "In particular, given its proximity to residents and children."
In 2023, the state partnered with CNX Resources, which entered into an agreement with Apex Energy to boost transparency in fracking, including chemical disclosures and expanded no-drill zones near homes, schools and hospitals, to better address health and environmental concerns.
Johnson noted findings from the Department of Health and the University of Pittsburgh's three investigations into the impact of fracking operations on nearby residents revealed an increase in health risks for children and communities.
"They found that asthma was worsened, lower birthweight in the other study and then probably not surprising, but still shocking, is the increase in childhood lymphoma, childhood cancer, for children who live within five miles of an oil and gas site have a higher risk of cancer," Johnson outlined.
The group also pointed to a Harvard study, which found radioactive materials in the air within 10 miles of fracking sites. The Environmental Hearing Board meeting in Pittsburgh will involve the nonprofit group, the Department of Environmental Protection and Apex Energy. It will be open to the public.
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It's that time of year, when a strong winter storm might produce giant waves along Lake Superior shorelines that aren't frozen over.
Minnesota researchers are looking at how to harness those forces and turn them into usable energy. Superior's waves can sometimes top out at 10 to 15 feet in height before crashing into the shore.
University of Minnesota Duluth Assistant Professor of Mechanical and Industrial Engineering Craig Hill and his team have been looking into wave pattern data to learn just how powerful they can be.
Additional work will focus on deploying efficient devices that can convert wave energy into storable electrical energy. Hill said the Great Lakes region is a good "testing lab."
"We occasionally get these big storms," said Hill, "where we could, if the technologies were out there, we could power tens of thousands of homes from the waves in those storms."
Hill said one challenge is that Great Lakes waves are more intermittent compared to coastal areas on either side of the U.S.
He said those regions are seeing acceleration of this type of work, but noted that Superior can still be an ally in the movement, especially for testing.
He added that if the technology is perfected, waves could be one of many sources used in the transition away from fossil fuels.
Climate change is resulting in less ice cover on Lake Superior. Hill suggested that they can take that unfortunate impact and turn it into an opportunity.
"That has a big impact on the wave conditions," said Hill. "That has a big impact on the coastlines around the Great Lakes. And so, there might be opportunities to test out the devices year-round in the coming future here, on Lake Superior."
Hill said securing enough research funding is another challenge.
And before this technology is turned into a commercial-scale option, experts will have to ensure fish, aquatic mammals and shorelines aren't negativity impacted.
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This week, four tribal nations and environmental groups urged the Michigan Court of Appeals to overturn the state's approval of Enbridge's Line 5 tunnel project.
Attorneys for the groups argued the pipeline expansion threatens the Great Lakes and disregards tribal and ecological concerns. They are asking the state to consider a wider range of alternatives to the dual pipelines that carry crude oil and natural gas liquids beneath the Straits of Mackinac.
Carrie La Seur, legal director of the group For Love of Water in Traverse City, said the aging pipelines pose a real spill risk to lakes Michigan and Huron, citing Michigan's Environmental Protection Act for support.
"We argued that Michigan's Environmental Protection Act requires a really comprehensive look at feasible and prudent alternatives to any action that would create environmental damage," La Seur explained.
Enbridge released a statement saying in part the state's decision to approve the application for the Great Lakes Tunnel Project came after a tremendous investment of time and deliberation by the Michigan Public Service Commission and staff. For nearly four years they carefully examined the complex issue and considered many viewpoints, questions, concerns and ideas.
La Seur said the pipeline project is massive and unprecedented, involving drilling more than 300 feet beneath the land and extending more than four miles. She warned it could create even greater risks and complications.
"It would be transporting flammable product. It would require a lot of very challenging maintenance if there were ever a problem. Any type of spill cleanup would be extremely challenging," La Seur outlined. "There are all kinds of reasons why this tunnel presents some unique challenges."
The court has yet to make a decision in the case. Enbridge also needs a permit from the U.S. Army Corps of Engineers, which delayed its review of the project in 2023. The Corps plans to release its draft environmental report this spring.
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The U.S. Forest Service is facing a lawsuit from Montana conservation groups for authorizing a major logging project in a critical wildlife habitat. The Round Star logging project, located 13 miles west of Whitefish, would cover over 9,000 acres of forest land in an area inhabited by Canada lynx and grizzly bears. Both are federally protected under the Endangered Species Act, which means they should take priority in logging plans.
Steve Kelly, president of the Council of Wildlife and Fish, is one of the plaintiffs.
"It's already been logged heavily, so we're really talking about some of the last places that lynx can even survive locally, never mind connectivity from one place to another," he said.
According to Alliance for the Wild Rockies, the Round Star project doesn't properly take into account the cumulative effects of nearby projects, which total about 42,000 acres of logging and burning and 100 miles of new roads.
A federal court judge in 2023 ruled against the Forest Service on a project in the Kootenai National Forest that similarly threatened grizzly bear habitats. Kelly wonders why the agency continues to attempt passing projects without adequate analysis of their effects.
"The court now is quite adept at figuring out who's doing what and why and applying the law. So there's really not much wiggle room anymore for the agencies to slide one by," he continued.
Canada lynx require habitat with dense forests and deep snow that also support populations of snowshoe hare, which make up about 75% of the lynx diet.
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