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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Enviros Tracking Bush’s Environmental Actions

  • While many may be closely watching President Bush's foreign policy, environmental groups are still keeping an eye on actions the Administration is taking on the environment. (Photo by Eric Draper courtesy of whitehouse.gov)

The big environmental groups are assessing President George
W. Bush’s record on the environment. Mostly, they’re giving him poor marks. But after the Bush win in November, the real question is whether enough people care about the low rankings. The Great Lakes Radio Consortium’s Lester Graham
reports:

Transcript

The big environmental groups are assessing President George W. Bush’s record on the environment. Mostly, they’re giving him poor marks. But after the Bush win in November, the real question is whether enough people care about the low rankings. The Great Lakes Radio Consortium’s Lester Graham reports:


With the country at war, a lot of people note President Bush has bigger issues than the environment to address. Greg Wetstone is a spokesperson for the environmental group, Natural Resources Defense Council. He says the Bush administration has been dealing with environmental regulations – quietly dismantling them.


“I think there has been a very concerted effort by the Bush administration to make these changes happen in a way that does not receive much public scrutiny.”


Wetstone says the NRDC’s most recent report on the Bush administration might not cause policy changes right now, but it does serve a purpose.


“This report, which is really an effort to document what’s happening because, you know, the day will come when we’re going to need to go back and try to fix as much of this as possible.”


And the environmental group says once the people realize the damage that’s being done to the environment, they’ll want it fixed.


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

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David Orr Speaks Out About Oil Consumption

Many Americans don’t see a connection between the war in Iraq and the price of gas at the pump, but a leading environmentalist says they should. The Great Lakes Radio Consortium’s Julie Grant reports:

Transcript

Many Americans don’t see a connection between the war in Iraq and the price of gas at the pump, but a leading environmentalist says they should. The Great Lakes Radio Consortium’s Julie Grant reports:

Soon after George W. Bush took office, David Orr was asked to join a presidential committee aimed at improving environmental policies. They wanted the Oberlin environmental studies professor because he was considered a quote “sane environmentalist.” The group’s recommendations were supposed to be presented to Administration officials in September 2001, but after the 9-11 terrorist attacks, committee members felt their report was shelved.

“And the essential message of it was that this really is one world and what goes around comes around. And things are connected in pretty strange, ironic, and paradoxical ways and the long-term future isn’t that far off. So you really cannot make separations of things that you take to be climate, from economy, ecology, fairness, equity, justice, and ultimately security.”

But Orr says the Bush Administration and much of the nation weren’t ready for that message. People felt the need to retaliate against Osama bin Laden and Al Qaeda. Many political analysts also agreed with President Bush, that the United States had an important role to play in ousting Saddam Hussein in Iraq. But Orr believes the U.S. invasion of Iraq was less about terrorism than it was about America’s need for Middle East oil.

“If you remove the fact that Iraq has 10-percent of the oil reserves in the world and Saudi Arabia has about 25-percent, that’s about a third of the recoverable oil resource on the planet, take the oil out, would we be there? And that’s a major issue. We’re there, in large part, because we have not pursued energy efficiency.”

Orr says reducing U.S. dependence on foreign oil would make the nation more secure than spending billions of dollars in military costs to fight for those oil reserves.

Some lawmakers say reducing dependence on Middle East oil is one reason to drill for oil at home, in places such as the Arctic National Wildlife Refuge. But Orr says political leaders and citizens should instead find ways to use less oil and reduce the need for it. He says the federal energy bill should force automakers to build cars that get better gas mileage.

“If we bumped our energy efficiency up from 22 miles per gallon to 35 or 40, which is easily achievable, that’s not difficult. The technology already exists to do that. We wouldn’t have to fight wars for oil, we wouldn’t be tied to the politics of an unstable region.”

“But the car makers aren’t being forced to…”

“No – the CAFEs? no. If we had a decent energy policy, it would be a strategy not of fighting oil wars, but using in America what is our long suit: our ability with technology to begin to move us toward fuel efficiency, and that process is actually well under way. It just doesn’t get the support of the federal government.”

Instead of trying to encourage fuel efficiency, Orr says Congress is thinking about short-term answers. With the price of gas at the pump more than two dollars a gallon, the Senate recently approved a tax break package to encourage further domestic oil and gas production.

Orr wants consumers to push for energy alternatives, rather than finding more places to drill, but Americans like their big SUVs, and Orr says few politicians would risk asking them to forgo the comfort, luxury, and perceived safety of big trucks as a way to preserve energy for future generations.

“Everybody knows gas prices have to go up, everybody knows that. The question is whether we have somebody who is say a combination of Ross Perot and Franklin Roosevelt who would sit down and level with the American public. We have got to pay more.”

Orr says even if you don’t mind paying the price at the gas station, there are higher costs we’re paying for oil consumption.

“You pay for energy whatever form you get it, but you pay for efficiency whether you get it or not. You pay by fighting oil wars. You pay with dirty air and you pay at the doctor’s office or the hospital or the morgue, but you’re gonna pay one way or the other, and the lie is that somehow you don’t have to pay. And sometimes you don’t have to if you’re willing to offload the costs on your grandchildren or on other people’s lives, but somebody is gonna pay.”

And Orr says that payment is going to be either in blood, money, or public health. He outlines his thoughts on the motivations for the war in Iraq in his new book “The Last Refuge: Patriotism, Politics, and the Environment in an Age of Terror.”


For the Great Lakes Radio
Consortium, I’m Julie Grant.

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War’s Lasting Harvest

President Bush has declared that the war in Iraq is over. But from the vantage point of his garden, recent National Guard retiree and Great Lakes Radio Consortium commentator, Tom Springer, wonders what the lasting harvest of this conflict will be:

Transcript

President Bush has declared that the war in Iraq is over. But from the vantage point of his
garden, recent National Guard retiree and Great Lakes Radio Consortium commentator, Tom
Springer, wonders what the lasting harvest of this conflict will be:


When I retired from the Army National Guard last December, I was looking forward to having
more free time. To commemorate my 22 years of service, I decided to plant my biggest vegetable
garden ever.


But even with more leisure time, I still hate to pull weeds. So I’ve covered my garden with
newspapers and straw. After the fall rains, I’ll till this organic matter back into the soil to prepare
for another growing season.


However, my usually peaceful garden conceals a litany of troubles. That’s because the
newspapers I’m using for a weed barrier read like an almanac of the recent war. Beneath my
cherry tomatoes, there’s breaking news of the early fights for Umm Qasr and Basra. Under the
green peppers, I can follow the 7th Marines on their river campaign up the Tigris and Euphrates.
Near my Spanish onions – and I’m sure the Spanish prime minister would approve – Saddam’s
statue falls to a cheering crowd in Baghdad.


Yet this guns-and-butter irony is a bit unsettling. Like many Americans, I am still ambivalent
about the war. Initially, I was against it. Then once it began, I believed the best course was to
win decisively. And as a veteran, I deeply respect the American men and women who so ably
proved themselves in Iraq.


Regardless of your viewpoint, on this much we can agree: Those who fought the war have seen
horrors and faced dangers that we civilians can scarcely imagine. Here, at home, the war may
already be old news. But for our returning veterans, its impact will last a lifetime.


I think about that as I read my garden newspapers. I think about how the sun and rain will
transform this violent news into food for the plants and nourishment for my body. And I think
about the life-changing nature of war – how it leaves some people broken, but gives others a new
sense of purpose and vocation.


Without question, our veterans deserve all the parades, yellow ribbons and happy homecomings
we can give them. But after the brass bands die down, I hope our newest heroes find something
equally valuable. I hope they find quiet, blissful places where they can heal their jangled nerves.
I hope they find a peaceful garden, where the fears and angers of war will melt away beneath the
cloudless skies of summer.


Tom Springer is a freelance writer from Three Rivers, Michigan.

Region Deals With Deadly Nerve Agent

The Army wants to get rid of its stockpiles of chemical weapons because they fear terrorists might get to them. There are eight Army sites across the U.S. that store those kinds of chemicals. At one site in the Midwest, the military is planning to dispose of Nerve Agent VX. To destroy the stockpiles, the Army must first “water-down” the nerve agent. Then it has to be shipped to a company that disposes of industrial wastes. But while the Army says it’s making neighborhoods safer near where the chemical weapons are stored … some people fear having the watered-down nerve agent trucked into their neighborhoods. The Great Lakes Radio Consortium’s Natalie Walston reports:

Transcript

The Army wants to get rid of its stockpiles of chemical weapons because they fear terrorists might get to them. There are eight Army sites across the U.S. that store those kinds of chemicals. At one site in the Midwest, the military is planning to dispose of Nerve Agent VX. To destroy the stockpiles, the Army must first “water-down” the nerve agent. Then it has to be shipped to a company that disposes of industrial wastes. But while the Army says it’s making neighborhoods safer near where the chemical weapons are stored, some people fear having the watered-down nerve agent trucked into their neighborhoods. The Great Lakes Radio Consortium’s Natalie Walston reports:


Nerve Agent VX is a clear, odorless liquid with the consistency of motor oil. It was
accidentally created during the Korean War, when British chemists were experimenting
with various concoctions meant to kill lice on North Korean POW’s and refugees. Nerve
Agent VX kills within minutes after contact with the skin. It has never been used in
combat by the United States. Instead, most of the country’s supply sits in a highly-
guarded tank at the Newport Chemical Depot in west-central Indiana. In 1985, Congress
ordered the chemical weapons destroyed because many seemed obsolete. In 1997, the
United States joined the Chemical Weapons Convention, which prohibits countries from
developing, producing, stockpiling or using chemical weapons.


Then, as U.S. Army spokesperson Terry Arthur explains, terrorists slammed planes into
the World Trade Center towers:


“After September 11th, 2001, because the public suddenly became aware of the possibility
for terrorism here in the United States, folks living near the stockpiles became acutely
aware of that. And the army began to look at ways to accelerate destruction of the
stockpiles.”


The Army is planning to burn some of its chemical weapons in incinerators. The Nerve
Agent VX that’s stored in Newport, Indiana will be destroyed through a neutralization
process. That’s a process that makes the nerve agent no more harmful than a household
drain cleaner.


(Ambient sound fade up)


The watered-down version of the nerve agent is called hydrolysate. It will be shipped by
tanker truck to Perma-Fix Environmental Services, a company in Dayton, Ohio. It’s a
company that usually handles industrial wastes and used oils.


“If you get your oil changed anywhere at a service station near the Dayton, Ohio area,
chances are, the used oil from your vehicle ends up here.”


That’s company Vice President Tom Trebonik. He says the hydrolysate will, simply put,
be broken down by a natural process. It will be eaten by microscopic bugs. And then it
breaks down even more into a form that will be pumped into the sewer system.


But, once word of a “nerve agent” coming to town spread around the small, poor
neighborhood near the plant, environmentalists began working with residents to voice
opposition to its disposal. They tacked up signs in the local supermarket and carry-out
that read “Deadly VX Nerve Agent” is coming to the neighborhood.


(Nat sound)


Martha Chatterton is a young mother of one with another child on the way. She lives in a
small house in a decaying area. Her husband fixes cars in the garage out back. They’re
glued to the news on CNN about heightened terror alerts. They know terrorist attacks are
a possibility. But they don’t want a problem from Indiana shipped to their backyard.


Chatterton is worried about the health effects of living near a plant that deals with such
industrial wastes. She says some days the air is orange and smells of a chemical stew.


“Well, last year we did the whole yard with roses and different flowers, and about a week
after we planted them, all of them died. So there’s got… there’s something wrong with
the ground here, because when I dug the hole for the rose tree, it smelled like gas fumes.”


Chatterton fears Perma-Fix won’t be able to properly handle the hydrolysate. The
company was cited in 2001 for odor violation but has since installed equipment to solve
the problem. Beyond that, the U.S. EPA and the Army see no reason why the treated
nerve agent can’t be trucked into town. Again, Army spokesperson Terry Arthur:


“We understand the concern of the public because it’s derived from a chemical agent.
What we want them to understand is that we have truckers who will be dedicated and
trained specifically for hauling this product and getting it across the state line to the Ohio
facility, where experts have been working with this kind of material for years.”


With the threat of terrorism, there’s little that’s likely to slow the pace of the destruction
of the nerve agent. The risks of leaving it intact seem greater than the risks associated
with destroying it.


For the Great Lakes Radio Consortium, I’m Natalie Walston.

The Scent of Peace

Struggle is the very essence of nature. As long as humans have lived, there has been war, and today there is no single issue looming larger in the American psyche than the matter of war with Iraq. After the “expert” opinions, national surveys, and grainy surveillance photos, ultimately – Great Lakes Radio Consortium commentator Julia King believes – the heart must respond. Here, she lets hers speak:

Transcript

Struggle is the very essence of nature. As long as humans have lived, there has been war. And
today there is no single issue looming larger in the American psyche than the matter of war with
Iraq. After the “expert” opinions, national surveys, and grainy surveillance photos, ultimately –
Great Lakes Radio Consortium commentator Julia King believes – the heart must respond. Here, she lets hers
speak:


I am a woman who wants peace. It was stitched into the fabric of my soul some 400,000 years
ago when first we walked the planet. It was written in the stars and in the rolling oceans and in
the crickets’ song and on the soft, sweet-smelling skin of my daughter’s cheek. It’s not a whim,
this longing, this weight in my bones; it’s of design.


Women know these truths, not because we are better or smarter, but because we are different
from men, especially men who would launch horror into the lives of mothers and sons,
grandfathers and daughters, friends and strangers.


Yes, women have been loud and angry and strong; we have dominated and bullied, we have
fought and attacked, but we have not made war. Because we have grown humans in our bodies
and labored to help them into the world and then cradled them at our breasts to nourish them, we
take personally their orchestrated, surgical destruction.


I know, some will shout “stereotype!” They’ll say it’s not that simple – and they’ll be right: it
isn’t. “Margaret Thatcher,” they’ll say. But I won’t be convinced. And that’s okay – every
certainty is an imperfect expression of the human condition.


One can persuade the mind of almost anything. But women have learned to listen just as
carefully to a different kind of honesty – to joy, to pain.


Do not misunderstand these words: feeling is not the subjugation of intellect. Women are smart;
we are knowledgeable; we deal in fact and information. We simply understand that love, that
loss, that death, that anguish is also information – that it is not incidental that the sound of
children’s laughter warms, or that a husbands’ touch comforts, or that the frailty of a parent
saddens. These are factors to be added to every equation. And only once in a very blue moon do
they add up to war.


Women know early in life the joy of friendship, the richness of human connectedness. We grasp,
as if by magic, the evanescence of life. It is why we worry, why we cry, why we celebrate so
fiercely the things, the people we know to be important. There has never been a new mother who
didn’t lose herself in her baby’s eyes… and who wasn’t also terrified at the prospect of one so
small and delicate holding so much in that tiny, beating heart.


“What if…?” Mothers have whispered for all these thousands of years, “What if something were
to happen…?”

War ignores all of these things. But they’re true. Go look at the stars; watch the ocean; hear the
crickets. Smell the soft skin of your son’s cheek. Peace is true.


And I am a woman who wants peace. It’s not a whim; it’s of design.


Host Tag: Julia King lives and writes in Goshen, Indiana. She comes to us by way of the Great Lakes Radio Consortium.

No Such Thing as a Just War

Americans, often independent and splintered, learned on September 11th that – like it or not – we are tethered to our neighbors in ways we never imagined. As the world awaits the next phase of the U.S. response to the terrorist attack, Great Lakes Radio Consortium commentator Julia King examines the ethical paradox of a just war:

Transcript

Americans, often independent and splintered, learned on September 11th that – like it or not, we are tethered to our neighbors in ways we never imagined. As the world awaits the next phase of the U.S. response to the terrorist attack, Great Lakes Radio Consortium commentator Julia King examines the ethical paradox of a just war.


On one side of my home, there lives a jovial, white-haired grandpa who likes feeding birds and playing soccer with his granddaughters. A retired cop and staunch patriot, he plans to cheer out loud when the United States retaliates for the World Trade Center attack.


On the other side of my home, there lives a quiet, soft-spoken Mennonite couple. Thin, gentle people, they spend their time tending an organic garden and often share their tomatoes and flowers with my young daughter. They are pacifists, bracing themselves for the coming horrors of American warfare.


Sandwiched between committed Hawks and Doves, I’m lonely with my ambivalence.


Americans overwhelmingly say they support a military response. But how many of us answered the question with true contemplation, instead of simple reflex?


“My God,” we said as the buildings smoldered, “do something!” Our minds were made up before we even had time to think.


I both envy and mistrust such certainty. Some of my neighbors are as unyielding in their pacifism as others are in their wish to fight. Both sides are unwilling to consider that the answer might lie somewhere beyond the confines of their own firm beliefs. (Or maybe that there’s no answer at all.)


There are Americans who believe we can bomb Evil from the earth, while others believe that if we are just kind enough; Evil will wander off on its own, like a child without a playmate. And if we believe that our path — whether it be military action or inaction — offers the final solution, we seem to think we have no moral culpability, no blood on our own hands.


And yet we all must know by now, especially now, that with our convictions come ethical burdens. All we can do is follow the paths of our ideals to their logical ends and hope against all odds that they remain intact.


But they won’t, and that is the true horror of war. To fight means that innocent, precious human life will be lost. To refuse to fight means that innocent, precious human life will be lost. And either way, Evil will remain standing. Guilt clings to us all — like original sin — because none of us has been able to end hate.


This is why Americans weep. It’s why our nights are sleepless and our days are clouded with sadness. It’s why we hold to one another and light candles and why we have flooded our places of worship.


We know now what we never wanted to know: there is no such thing as innocence.

Sadness on the Peace Train

The terrible events in New York City and Washington have left a legacy of personal tragedies. For Great Lakes Radio Consortium commentator Suzanne Elston, the story of September 11th began as a journey of peace:

Transcript

The terrible events in New York City and Washington D.C. have left a legacy of personal tragedies. For Great Lakes Radio Consortium commentator, Suzanne Elston, the story of September 11th, began as a journey of peace.


I’ve never been to New York City. So when we got an invitation to visit the Big Apple and participate in a children’s peace festival, we jumped at the chance. My husband Brian and two of our kids, Peter and Sarah, were going to be part of a church service marking the opening of the 56th session of the United Nations General Assembly.
Sarah was going to carry the Canadian flag and Peter was going to give a reading. The kids were wired and so were we.


Our plan was to leave Toronto Tuesday morning by train. The daylong trip would take us to New York City. We’d have all day Wednesday to do touristy things before the service on Thursday. We’d even managed to get tickets to a Broadway play. It all sounded so exciting that I couldn’t believe that it was actually going to happen.


We’d been on the train for about an hour when we first heard the news. Our traveling companions were 18 members of the Toronto Children’s Peace Theatre, also en route to the peace festival. The director of the company received a cell phone call that gave us sketchy details of the initial attack on the World Trade Center.


At first I refused to believe it. Here we were heading for an international children’s peace festival.


It felt like we were on the voyage of the damned. We continued on our journey, barreling down the tracks to a destination that we knew we would never reach. We heard rumors – the border was closed, there was shooting in the streets. People with cell phones were frantically trying to get a hold of somebody they knew who could give us an update.


The children from the theatre group were particularly upset. For most of them it was their first time away from home, and they were scared. As we discussed the latest details that we’d heard, one of the kids started to throw-up.


We moved to another car and tried to explain to a group of university students from England that they wouldn’t be flying home the next day from New York. As the news continued to filter in, we soon realized that they wouldn’t be flying home from anywhere. An elderly couple at the back of the car sat in stony silence. Their daughter worked at the World Trade Center and they were frozen in fear.


The conductor was stuck like a moose in headlights. Most of the passengers still didn’t know what was going on. My husband finally took him aside and explained that he had to make an announcement. People needed to make arrangements, to talk to their families. But he was just a kid and as scared as the rest of us. He wanted to wait until he had something official from Amtrak’s head office.


Finally, at 11:00 a.m., he made a formal announcement. The border was closed and we all would be disembarking at Niagara Falls. It was Tuesday evening by the time we got home and saw the horrific images of what had happened.


It wasn’t until then, when we were safe and home and together that we had a shocking revelation. The first stop on our sightseeing trip was going to be the World Trade Center. For the sake of a mere 24 hours we could have been buried at the bottom of that rubble like so many others.


Our great journey of peace ended with many prayers. We prayed for the victims and their families, we prayed for peace. Finally, we gave a prayer of thanks that we’d all made it home safely. After witnessing Tuesday’s horror – that was a gift beyond measure.