Legal Battles Over Oil and Gas Drilling

  • Oil drilling rigs similar to this one are popping up all over northeastern Ohio, and many residents and local governments are opposed to the drilling. (Photo by Tammy Sharp)

In some states, local governments have been able to stop developments they thought might be bad for the area or damaging to the environment. But across the nation, state governments have been taking some of those decision-making powers away from local governments. The latest battle is over drilling for oil and natural gas. The Great Lakes Radio Consortium’s Julie Grant reports:

Transcript

In some states, local governments have been able to stop developments they thought might be bad for the area or damaging to the environment. But, across the nation state governments have been taking some of those decision-making powers away from local governments. The latest battle is over drilling for oil and natural gas. The Great Lakes Radio Consortium’s Julie Grant reports:


A year ago Joel Rudicil, owner of Bass Energy Company, couldn’t drill an oil and gas well in Mayfield Heights, Ohio. He had a property owner with more than twenty acres who was willing to deal. But city officials would not permit it.


“I had met with city council here on many occasions dating back to 1998 and they simply did not want well-drilling to occur in their community. So we were really at a point of just walking away from this opportunity, or litigation.”


Instead, he joined the oil and gas industry to lobby for a bill that would take authority to regulate drilling away from local communities.


(Sound of pounding)


Today, his workers are placing piping down well number three on the Knollwood Cemetery property in Mayfield Heights. Once the oil and gas bill became law last fall, all local laws pertaining to oil and gas drilling were scrapped and the state took sole authority.


“In our case, we’ve drilled 28 wells since the bill was signed into law.”


Eight of the communities where Bass Energy dug those wells had had regulations or outright bans on oil and gas drilling.


“Of those 28 wells that I just mentioned, we would not have been able to drill 20 of those wells.”


Mayfield Heights has become the poster child for Ohio’s battle for control of oil and gas drilling. Margaret Egensperger is the city’s mayor.


“Our area’s all built up here. Anywhere you’re going to build a well, you’re going to hurt our residential areas.”


Northeast Ohio is the most densely populated part of the state, but also has much of the oil and gas companies want to extract. Mayor Egensperger says one of the wells Bass Energy dug at Knollwood Cemetery was next to townhouses, condominiums, and the street.


Egensperger: “And they are right up by the condos and the noise was absolutely awful. I believe they drilled for 5 or 7 days there. We have a noise ordinance. The city was told that if, once they start to drill, if we stop them, that we’d have to pay 5-thousand dollars a day. So, of course we didn’t enforce the noise ordinance. That’s a lot of money.”


Niehaus: “It is what’s called state pre-emption…”


Republican state senator Tom Niehaus sponsored the bill that gives the authority to the Ohio Division of Mineral Resources.


Niehaus: “The state has exercised its right to say that this is an important state resource. I personally feel, and my fellow legislators felt, that the state division was in the better position to evaluate whether or not drilling should be permitted in certain areas.”


Grant: “What to do you say when they say ‘we know our issues, we know our citizens, we know the land here and our planning better then the state could ever know it’?”


Niehaus: “I probably would agree that they know their local community better, but I would argue that they do not know the best way to tap the natural resources that exist underneath the land.”


Many local governments are like Mayfield Heights; they want to fight the state law in court, but worry it would cost too much money.
Some homeowners are also concerned that oil and gas wells will reduce their property values. But the oil and gas industry feels there are bigger issues at stake. Tom Stewart, Director of the Ohio Oil and Gas Association, says the nation needs energy.


“And you see how emotionalism is stifling what we need to do in this country to find the energy sources we need. And obviously we’re not doing the job, because you’re paying $2.30 for a gallon of gas. Right? We’re not doing the job. And we’re fighting wars. Meanwhile, we have this wonderful resource base in the United States, and every hole is a fight.”


It’s arguable whether the relatively small amount of natural gas or oil reserves left in the continental United States will make any real difference in the price of gasoline at the pump. Many city officials believe the trend tonward bigger government control will have much larger costs.


For the GLRC, I’m Julie Grant.

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Exploring a Great Lakes Salt Mine

  • Salt is an essential resource for all people, especially those who live in areas where the roads get icy. (Photo by Lucian Binder)

Ever wonder where road departments get the mountains of salt they use each winter? Here in the Midwest, the answer can be found deep under Lake Erie. The Great Lakes Radio Consortium’s Ann Murray has the
story:

Transcript

Ever wonder where road departments get the mountains of salt
they use each winter? Here in the Midwest, the
answer can be found deep under Lake Erie. The Great Lakes Radio
Consortium’s Ann Murray has the story:


Orvosh: “Step right in there.”


Murray: “Ok, thanks.”


For Don Orvosh, an elevator ride nearly 2000 feet underground is just part of the daily grind.


(sound of clanking)


“It’s about a four and a half minute ride to the bottom. 1800… about 1800 feet.”


Orvosh supervises the Cleveland salt mine owned by Cargill Corporation. It’s one of only eleven active salt mines in the country. The mine lies beneath the northern edge of Cleveland and extends about four miles under Lake Erie.


Orvosh: “Most people in the city don’t even realize there’s a mine right here.”


Murray: “Are you all the way down?”


Orvosh: “We’re at the bottom right now. This is it.”


(sound of opening air-lock door)


A few feet from the elevator, Orvosh walks through a series of air-locked metal doors. They rotate to reveal a subterranean repair shop. Massive dump trucks and cranes are fixed here. The cavernous room is also the starting point for hundreds of miles of tunnels. These tunnels connect a honeycomb of old and active areas in the mine. Everyday, 150 workers travel this salt encrusted labyrinth by truck or tram.


“We’re going to get in this little buggy here now and in a couple minutes we’ll be under the lake.”


Lake Erie is a geological newcomer compared to the salt buried below it. This bed – extending from upper New York to Michigan – was formed 410 million years ago. That’s when an ancient sea retreated and left behind its brine. Oil drillers accidentally discovered the deposit in the 1860’s. As Orvosh drives north through the dark passageways, he says salt wasn’t extracted here until many years later.


“This shaft was sunk in the late fifties and the actual mining of salt occurred, started in the early sixties so it’s been here 40 plus years.”


In the last four decades, the mining process has stayed pretty much the same. Orvosh compares it to the room and pillar method used in underground coal extraction. He points up ahead to a brightly lit chamber. Machine generated light bounces off the room’s briny, white walls. Its 20 foot high ceiling is bolstered by pillars of salt the size of double-wide trailers.


Orvosh: “This is an active production section. This is where we are mining salt.”


Murray: “What’s happening here?”


Orvosh: “He’s drilling the face here.”


A miner sits atop a machine with a large needle nosed drill. It bores six holes into the seam. Later in the day, workers will load explosives in the holes and blow out big chunks of salt. Farther into the mine, the loose salt from last night’s blasting is being scooped up by front-end loaders and dumped into a crusher. All of the big chunks are broken into small pieces. Then the salt is loaded on conveyor belts and sent to the mine’s three-story-high underground mill. Salt is crushed, sized, screened and sent to the surface by elevator.


All told, the crews at the Cleveland mine produce two million tons of salt a year. A sizable chunk of the 15 million tons of salt used on icy US roads each winter. Demand for road salt has skyrocketed since it was introduced as a de-icer in the early 1950s. But Robert Springer, a 27- year veteran at this operation, says each mine fights for a market share.


Springer: “It is a competitive market. There’s another salt mine just in the Cleveland area, out there in Morton, Morton Salt.”


Murray: “We needed you today. The roads were really icy. Do you look forward to icy days to keep production up?”


Springer: “I guess you could say we look forward to bad weather. We enjoy the bad weather because we know there’s going to be salt used.”


(sound of radio and weather report)


Back on the surface, Bob Springer has gotten his wish… Cleveland has just been hit with a winter storm. At least a dozen trucks swing through the mine’s loading dock to pick up tons of salt. Later in the day, salt will be dumped onto barges and transported across the Great Lakes to places like Chicago and Toronto. This is high season for road salt. The crews here know that come March, they’ll start rousing salt from its ancient bed for the winter of 2006.


For the Great Lakes Radio Consortium, this is Ann Murray.

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Mining vs. Old-Growth Forest

  • Dysart Woods in southeast Ohio is an old-growth forest. Many of the trees are more than 300 years old. (Photo courtesy of dysartwoods.org)

The need for cheap energy is coming into conflict
with efforts to preserve a forest. Coal mining companies are using a technique that causes the land to subside and sometimes changes natural underground water systems. Environmentalists say mining underneath a forest preserve could destroy the ecosystem. The Great Lakes Radio Consortium’s Lisa Ann Pinkerton reports on environmental activists who are defending the
forest:

Transcript

The need for cheap energy is coming into conflict with efforts to preserve a forest.
Coal mining companies are using a technique that causes the land to subside and sometimes
change natural underground water systems. Environmentalists say mining underneath a forest
preserve could destroy the ecosystem. The Great Lakes Radio Consortium’s Lisa Ann Pinkerton
reports on environmental activists who are defending the forest:


For decades, the coal mining industry has been using a technique of extraction called
long wall mining. Industry officials say it’s the most effective way to get the bituminous
coal out of the ground. In traditional room and pillar mining, the land above is not disturbed.
But the long wall machine leaves no support for the 1000-foot tunnel created in its wake. After
the coal is extracted, the ground caves in, causing the land to sink.


Dysart Woods, in southeastern Ohio, is slated for such a fate. The conservation group,
Buckeye Forest Council, wants to block the woods from mining. Its members believe long
wall mining will destroy the old-growth forest. The four hundred and fifty acres, fifty-five
acres of the trees are more than 300 years old. Fred Gittis is an attorney who has volunteered
his services to protect the woods.


“And these woods are precious, and they are among the last old-growth forest areas remaining,
not only in Ohio, but in this part of the country. Recently a documentary was filmed in Dysart Woods, because it has some of the conditions that would have existed at the time of George
Washington’s life.”


Gittis argues state should repeal the mining permit granted for Dysart Woods. Ohio Valley
Coal was granted the permit in 2001. As steward of the woods, Ohio University disputed the
permit for three years. But last November, it agreed to drop its appeal, in exchange for $10,000 from the state to study the forest’s water, as it is undermined. Ohio Valley
Coal Company would drill the wells needed. But the Buckeye Forest Council says a study doesn’t
solve the problem.


“First of all it is just a water monitoring project. It offers no protection to the woods.
Second of all, they don’t have the base line data right now to compare to what it normal.”


That’s Susan Heikler, Executive Director of the Buckeye Forest Council. When Ohio University
accepted the mining permit, her organization took up the fight. The group worked with lawyer
Fred Gittis and nationally known experts to review the science of the Coal Company’s mining
plan. Gittis says the Council’s experts were not impressed.


And, both hydrogeologists and mining experts have indicated that the basic science related
to this mining permit is, not to be insulting but, junk.”


The plan calls for long wall mining within 300 feet of the old-growth forest. However,
experts from the Buckeye Forest Council say a 1500 foot buffer around the woods
is the only way to insure the protection of the hydrology – the natural water system that
sustains the forest.


In a major concession two years ago, the Coal Company agreed not to long wall mine directly
under Dysart Woods. Instead, room and pillar mining is planned. The Company says that will
delay subsidence for centuries to come. Attorney Fred Gittis says without core samples from
directly under the woods, the company doesn’t have the data to back up this claim.


“If you don’t know what that rock is, if it’s soft like claystone or shale, it can collapse.
And so its pretty basic stuff.”


Attorneys for the company declined to be interviewed for this story. In statements, the
Company defends its lack of data by pointing to exemptions they were granted by the Department
of Mineral Resources. The Company stands by its assertion that, quote, “trees and other surface
vegetation will absolutely not be affected by mining.” But in September, the story changed. In
court, a mining consultant for the company, Hanjie Chen, testified that the forest floor would
sink 5 inches. Attorneys for Ohio Valley Coal abruptly stopped his testimony after this
statement. But Gittis says the damage to the coal company’s case is already done.


Although Buckeye Forest Council rested its case in July, the defendant, Ohio Valley Coal is
still adding witnesses and dragging out the case. Fred Gittis says the Company is trying to
exhaust the Buckeye Forest Council’s legal funding. He adds that this is why he volunteers his
expertise.


For the time being, mining under the old growth forest has been pushed back until the hearings
conclude in November.


For the Great Lakes Radio Consortium, this is Lisa Ann Pinkerton.

Related Links

Vice Presidential Profile: John Edwards

  • Many environmental groups say that Edwards is doing a great job of supporting environmental issues, but some are arguing that his voting record says otherwise. (Photo by Dave Scull, courtesy of johnkerry.com)

With concerns about the economy, the war on terror and the war in Iraq, politicians have not spent a lot of time on topics such as the environment. As part of a series of profiles on the presidential and vice presidential candidates, the Great Lakes Radio Consortium’s Lester Graham reports that the candidate with the shortest record of public service is the candidate who talks the most about the environment on the campaign trail. Here’s a look at Democratic vice presidential candidate John Edwards:

Transcript

With concerns about the economy, the war on terror and the war in Iraq, politicians have not
spent a lot of time on topics such as the environment. As part of a series of profiles on the
presidential and vice presidential candidates, the Great Lakes Radio Consortium’s Lester Graham
reports that the candidate with the shortest record of public service is the candidate who talks
the most about the environment on the campaign trail. Heres’a look at Democratic vice presidential
candidate John Edwards:


Senator Edwards thinks the Bush campaign is vulnerable on environmental issues. When asked about
his positions on the environment, he often begins by talking about the things he feels are at risk
under Bush administration.


“Over and over and over, whether it has to do with protecting our air, protecting our water,
whether we’re going to become energy independent in this country, protecting our natural
resources, making sure that we protect our lands, our national forests – all these issues
that are so important – making sure we don’t drill in the Arctic Wildlife Refuge, all these
things are important because we have a responsibility to our children and our grandchildren
to leave this planet better than the way we found it. And that’s what we’ll do when John Kerry’s
our President.”


Although John Kerry has not spent a lot of time talking about the environment himself, Senator
Edwards knows that over 20 years in the U.S. Senate Kerry has a lifetime approval rating from the
League of Conservation Voters of 92 percent. The average Democrat has an approval rating of 70
percent… the average Republican an approval rating of 13 percent.”


Betsey Loyless is the League of Conservation Voters vice president of policy. She says
Edwards’ own record on the environment is not nearly as extensive.


“Senator Edwards has a short record on the environment because he’s been in the Senate only
one term, but his record has been, I think, has been quite good for a one-term senator. And,
he has been a leader on clean air issues. This administration, the Bush administration, had
pushed to weaken Clean Air Act standards as they apply to these old grandfathered power plants
that are the biggest of polluters. Senator Edwards led the charge to tell the Bush administration
to stop that policy on behalf of power plant operators and utilities.”


Senator Edwards did not get that job done. The Bush policy to allow power plants to make
improvements without updating pollution control equipment was put into place.


John Edwards talks about that losing battle while he’s on the campaign trail. He says he –
at least – wanted studies to see if the experts thought the changes in the regulations on the
old coal-fired power plants would affect human health.


“I mean, the laws had been there for 25 years. Can’t we take six months to figure out if you
change them what it’s going to do to people? And they refused to do it. Here’s why: they know
the answer. They know exactly. They were for it because the big energy companies are for it.
It’s just no more complicated than that. And so, that’s one example of the fight.”


Senator Edwards’ fight hasn’t been going on very long. Before his election to the U.S. Senate,
he held no legislative seat.


Jack Betts is an editorial writer and columnist for the Charlotte Observer. He’s followed
Edwards’ political career for the last few years. Betts says the environmental groups in
Edwards’ home state of North Carolina seem to approve of the senator’s positions.


“John Edwards in his Senate campaign six years ago was identified as the more likely
to be a strong advocate for the environment. And I think that helped him to election then.
And I don’t think he’s done anything to reverse those expectations about how he would stand
on the environment in the future.”


Senator Edwards’ critics say really it’s hard to say how he’d stand on any issue. They point to
his voting record for the last couple of years, noting that he was often absent. He’s missed
votes while on the road campaigning to be the Democrats’ presidential nominee… and now
campaigning as vice presidential candidate. But the environmental groups seem confident
that as vice president, John Edwards would fully support what they would expect to be a
pro-environment Kerry administration.


For the Great Lakes Radio Consortium, this is Lester Graham.

Related Links

Injection Wells Blamed for Earthquakes

Seismologists are blaming a deep-injection well once used for disposal of liquid waste for recent earthquakes in Northeastern Ohio. They say the area had no history of earthquakes before the well was drilled. The Great Lakes Radio Consortium’s Christina Shockley reports:

Pipeline to Go Under Lake Michigan

Two energy companies are proposing a natural gas pipeline under
Lake Michigan. Peoples energy services corporation and coastal
corporation want to lay more than a hundred miles of pipe under the
western shore of the lake. As the Great Lakes Radio Consortium’s Wendy
Nelson reports, the project has environmentalists wondering what might
be next: