Running Head: WHAT THE FRACK?

What the Frack? How Hydraulic Fracturing is Affecting

People and the Environment

Brooke Habit

First Colonial High School

Legal Studies Academy

 WHAT THE FRACK? 2

Abstract

This paper explores the positive and negative effects of hydraulic fracturing and their subsequent

effect on the health of the environment and U.S. citizens. A brief history and description of the

process, in addition to an explanation as to where it occurs, will offer insight into fracking. In

addition, through the analysis of case law, enacted and proposed legislation, and public opinion,

the paper will examine the need for strict, federal regulation of fracking and disclosure of the

chemical mixture used during the process.

Keywords: fracking, hydraulic fracturing, environment, U.S.

 WHAT THE FRACK? 3

What the Frack? How Hydraulic Fracturing is Affecting

People and the Environment

The "more we experiment with underground drilling, the more we discover..." (Dobb,

2013). Hydraulic fracturing is a process developed to obtain natural gas from underground shale

formations. As it grows in use, controversy mounts and an increasing number of inimical effects

are connected to the fracking process. The lack of strict federal regulation and consideration of

ingredients in the chemical mixture used during hydraulic fracturing as proprietary information

are detrimental to the environment and people because it leaves U.S. citizens unknowingly

exposed to dangerous carcinogens and unable to effectively recover from the effects of fracking.

What is Hydraulic Fracturing?

Hydraulic fracturing is a process designed to recover natural gas from shale rock. It

involves drilling into the Earth's shale rock and injecting a mixture of water, sand, and chemicals

to release gas previously thought to be unreachable (Jain, 2015). This drilling process is

conducted both vertically and horizontally to reach the permeable rock layer (BBC, 2015).

Alternative Names

Hydraulic fracturing is more commonly referred to as fracking; however, an additional

name is hydro-fracking ("Fracking," 2015).

Start of Hydraulic Fracturing

Halliburton Corporation developed fracking in the 1940s; however, it did not become a

widely used technique of extracting natural gas until more recently ("Fracking," 2015). Since the

early 2000s, the use of fracking by energy recovery businesses has increased and the growing

desire for U.S. energy independence has expanded efforts to locate and use previously

unreachable natural gas. The U.S. Department of Energy projects shale gas production in the
 WHAT THE FRACK? 4

United States will rise to 12.3 trillion cubic feet by 2030, and fracking could eventually account

for 70% of natural gas development in North America (Jain, 2015).

Process

The exact process involves using a large drill pipe, encased in cement and steel, and

passing it through water aquifers. Once past water aquifers, the pipe is uncased and travels

downwards 4,000 to 8,500 feet to reach the shale rock. As the pipe reaches the shale, it changes

direction from vertical to horizontal and drilling occurs laterally 3,000 to 5,000 feet. Cement is

then pumped to the end of the drill pipe and a perforated gun is placed into the casing. A small

electrical charge is sent by wire to detonate a charge, blasting small holes through the casing and

cement into the shale. The fracturing occurs when the electrical charge is emitted through the

pipe. A chemical mixture is then pumped into the fractures, freeing natural gas. The natural gas

then collects in traps and folds in the porous, permeable rock layers (Burford, 2012).

Chemical Mixture

The chemical mixture pumped into the fractures created during the fracking process has

raised numerous concerns by several government officials, environmentalists, and citizens. From

the 2,500 fracturing additives, more than 650 are known or possible carcinogens, which means

they are a substance capable of causing cancer (Jain, 2015). In addition, the mixture is known to

contain volatile organic compounds, or VOCs. The entirety of the chemicals additives are

unknown due to a 2005 legislation that exempts industry from disclosing the names of chemicals

used in the hydraulic fracturing mixture. Energy companies have claimed the ingredients of

fracking fluid to proprietary information. This legislation is referred to as the "Halliburton

Loophole" and it also prevents the Environmental Protection Agency (EPA) from effectively

regulating fracking ("Fracking," 2015).

 WHAT THE FRACK? 5

Locations Where Fracking Occurs

Fracking occurs largely in an area referred to as the Marcellus Shale, which is located in

western mountains and valleys. This includes areas in Pennsylvania, Ohio, and West Virginia

("Fracking is Safe," 2016). In addition, Texas, New York, Oklahoma, Arkansas, Colorado, and

Wyoming have fracturing wells (Clary, 2015). Southwest Virginia and the Taylorsville Basin, an

area in Virginias coastal plain beneath the Northern Neck and Middle Peninsula, are also areas

of fracking ("Hydraulic Fracturing in Virginia," 2016).

Negative Effects

Environment

Numerous environmental problems are associated with hydraulic fracturing. Thorough

research confirms the connection between several detrimental environmental issues and fracking.

Air emissions. The chemicals in the mixture used for fracking are extremely potent. One

employee, Susan Connell, wears a H2S detector and gas mask when she pumps the fracking fluid

to avoid the smell. Once, the fracking fluid odor was so hazardous the detector sounded and

Connell was forced to immediately evacuate the area, although the limited exposure still left her

experiencing health problems of weeklong stomach pains and vomiting (Dobb, 2013). Methane

leaks also occur frequently (Jain, 2015). Methane is a more potent greenhouse gas than carbon

dioxide, and 3-8% of methane extracted from each fracking well is emitted into the atmosphere

through leaks or flow-back fluids ("Fracking," 2015).

Contamination of groundwater. The EPA has linked fracking to groundwater

contamination (Efstathiou, 2013). When the chemical mixture used for fracking is incorrectly

managed and chemicals breach the casing system, they can enter into the groundwater during

vertical or horizontal drilling (Clary, 2015). In addition, the release of natural gas can infiltrate
 WHAT THE FRACK? 6

groundwater. A 2011 research study conducted by Duke University confirmed this, discovering

dangerous levels of methane in water supplies located within one kilometer of natural gas wells

in which hydraulic fracturing has occurred. Homeowners near fracking wells have also

discovered the water in their faucets to be flammable, a product of natural gas migration into the

water supply as a result of leaking fracking mixture ("Gasland the Movie," n.d.). Also, well

water has become brown and undrinkable. This is not the first occurrence of groundwater

contamination due to fracking. In Dimock, Pennsylvania 2009, Cabot Oil and Gas had to agree to

provide clean water to more than a dozen families after fracking fluid contaminated groundwater

("Fracking," 2015). In addition, a 2011 blowout during fracking in a well near Killdeer, North

Dakota pierced the aquifer the entirety of the town relied on (Dobb, 2013). However, not all

companies are held accountable for groundwater contamination. Often times, citizens cannot

prove groundwater contamination resulted from fracking because the exact concentration of

chemicals used for fracking is unknown due to its classification as proprietary information. In the

rural areas where hydraulic fracturing occurs, there is little industry, so it is unreasonable to

conclude contamination came from another source (Burford, 2012).

In December 2010, New York Governor David Paterson signed an executive order halting

hydraulic fracturing until new regulations are enacted to protect water sources and provide better

oversight. New York City receives nearly half of its water from the Delaware River Basin, which

was named the country's most endangered river in 2010 because of the threat of natural gas

contamination from fracking (Hoye, 2010). The concern of hydraulic fracturing's impact on the

water supply is mounting and contamination continues to be a problem.

Radioactivity in wastewater. The process of hydraulic fracturing creates large amounts

of wastewater. This wastewater has been found to be radioactive because of naturally occurring
 WHAT THE FRACK? 7

uranium, radium, radon, and thorium being dislodged during fracking (Jain, 2015). This presents

yet another risk because disposal of wastewater involves either injecting it back underground or

trucking it away to be treated. In 2011, the New York Times reported that treatment plants in

Pennsylvania, overwhelmed by fracking wastewater that could not be fully treated, discharged

water containing radioactive waste into the Monongahela and Susquehanna rivers, which

together provide drinking water to nearly 7 million people ("Fracking," 2015).

Uses large quantities of water. Fracking also uses a significant amount of water. Per

application, two to nine million gallons of water are used ("Fracking," 2015). As the number of

hydraulic fracturing wells increases, more water is used. In 2000, there were 23,000 wells; in

2010, there were 300,000. Considering the extensive growth of fracking, the amount of water

being consumed is alarming (Hoye, 2010).

Seismicity. Ohio's state Department of Natural Resources verified in March 2012 that

fracking fluids disposed into a deep injection well were responsible for a series of earthquakes.

This area has only one fault line, meaning the likelihood of an earthquake occurring in the area,

especially a series of earthquakes, is highly improbable, further confirming fracking's

responsibility in their occurrence (Jain, 2015; "Fracking," 2015). Ohio is not the only state

experiencing increased seismicity. Arkansas and Texas have experienced a surge of earthquakes,

and four Oklahoma high-volume wastewater wells are linked to earthquake activity as far as 35

km away from the site. Specific to Oklahoma, in 2014, the state experienced more magnitude 3.0

or above earthquakes, 190, than California's 71 (Clary, 2015).

The U.S. Geological Survey, governed by the U.S. Department of Interior, also confirms

that fracking causes an increase in permeability of the shale, which can cause earthquakes.

Additionally, they affirm hydraulic fracturing wastewater injected into deep wells can cause
 WHAT THE FRACK? 8

earthquakes that are large enough to be felt and cause damage ("USGS FAQs: Earthquakes

Induced by Fluid Injection - Does the Production of Natural Gas from Shale Cause Earthquakes?

If So, How Are the Earthquakes Related to These Operations?," 2016). The increased seismicity

resulting from fracking is caused because drilling holes into the subsurface geology disturbs

tectonic plates.

Health

The impact of fracking on the environment also affects people's health. Birth defects,

cancer, and disorders involving the nervous system are linked to fracking ("Gasland the Movie,"

n.d.). Concerns are so significant that former Democratic Presidential Candidate, Bernie

Sanders, called for an outright ban of hydraulic fracturing in his campaign platform ("Hillary,

Bernie, Hydraulic Fracturing and the Future of US Oil and Gas Production," 2015). In addition,

US Energy Secretary Steven Chu asked the Secretary of Energy Advisory Board Natural Gas

Subcommittee in 2011 to make recommendations to "improve the safety and environmental

performance of natural gas hydraulic fracturing," due to the innumerable concerns arising

("Hydraulic Fracturing Technology," n.d.).

Positive Effects

U.S. Energy Independence

Currently, 84% of U.S. energy consumption is supported by oil, gas, and coal and

fracking contributes significantly to this (Jain, 2015). The Marcellus Shale in Pennsylvania,

Ohio, and West Virginia is believed to contain enough gas to supply the United States for the

next six years (Efstathiou, 2013). The amount of natural gas gained from hydraulic fracturing

increases United States energy independence. This leads to reduced reliance on unstable

countries for oil and gas, subsequently improving national security (Jain, 2015).
 WHAT THE FRACK? 9

Economy

Fracking has also been reported to reduce the trade deficit because it has increased the

U.S.'s role as an exporter of energy sources (Jain, 2015). However, further study by the Institute

for Sustainable Development and International Relations has concluded fracking only has a

short-term effect of a .4% increase in GDP. Due to natural gas being a nonrenewable resource, it

is highly unlikely fracking will make a substantial contribution to GDP growth in the future

(Jain, 2015).

Job Creation

In the areas where hydraulic fracking occurs, numerous jobs are created. People are hired

to work the natural gas wells and perform the extraction, transport, and cleaning of the area. In

one central area of fracking, unemployment is less than one percent. However, these jobs are

temporary and often times are a large boom market, accompanied by a subsequent crash (Dobb,

2013). In addition, landowners often enter into gas leases with energy companies, giving them

the right to extract natural gas from under the property. These contracts are frequently under

explained. Homeowners experience adverse effects from the fracking on their property, and

many have found the water supply to their homes contaminated. One family in Dimock,

Pennsylvania, discovered the water from their faucet is highly flammable, and investigation by

the Pennsylvania Department of Environmental Protection (DEP) revealed the cause to be from

gas drilling. They also found 18 drinking-water wells in the area to be affected by the operations

of Cabot Oil & Gas, a fracking company ("Gasland the Movie," n.d.).

One class action lawsuit questions the contracts between homeowners and energy

companies. In Tioga County, New York, numerous landowners leased drilling rights to Energy

Companies. A habendum clause was within the lease, establishing a five-year "primary term" and
 WHAT THE FRACK? 10

secondary term. In addition, a force majeure clause was included that argues a secondary term

may begin if there are ever any delays or interruptions of natural gas extraction. In 2008, New

York Governor David Paterson "ordered formal public environmental review to address the

impact of combined use of high-volume hydraulic fracturing and horizontal drilling," pausing the

energy companies' ability to drill. Inflection Energy agued this warranted enacting the force

majeure clause secondary term. The landowners did not want drilling to continue and countered

that the lease had simply expired and the force majeure clause was not applicable. This case

began in the District Court, ruling in favor of the landowners. Inflection Energy appealed to the

New York Court of Appeals had their motion denied, and appealed again to the United States

Court of Appeals (Beardslee v. Inflection Energy LLC, 2015).

According to the United States Court of Appeals, this case was of significance because it:

turns on significant and novel issues of New York law concerning the

interpretation of oil and gas leases, a legal field that is both relatively

undeveloped in the State and of potentially great commercial and environmental

significance to State residents and businesses.

Ultimately, the United States Court of Appeals affirmed the judgment of the District Court

(Beardslee v. Inflection Energy LLC, 2015).

Clean Burning Fossil Fuel

Some sources have concluded fracking to have dramatically lowered greenhouse gas

emissions in the United States because natural gas is the cleanest burning fossil fuels ("Fracking

is Safe," 2015; Burford, 2012). Although, a 2011 study led by Robert Howard of Cornell

University concluded the carbon footprint of shale gas will be greater than those of oil, coal, and

conventional gas over a 20 year time period ("Fracking," 2015).

 WHAT THE FRACK? 11

Chemical Mixture as Proprietary Information

The chemical mixture used during the fracking process, often referred to as the fracking

fluid, is considered proprietary information. Corporations are not required to release any

ingredients contained in the mixture. This has sparked controversy due to the effects associated

with exposure to the mixture ("Fracking," 2015).

Dr. Alfonso Rodriguez, M.D. v. Secretary of Pennsylvania Department of Environmental

Protection of Pennsylvania; Chairman of The Public Utility Commission; Attorney General

Of The Commonwealth Of Pennsylvania

In this case, the appellant has sued the Pennsylvania Attorney General and the Secretary

of the Pennsylvania Department of Environmental Protection. He asserts that Pennsylvania Act

13 of 2012 is unconstitutional. The District Court dismissed his case and the US Court of

Appeals affirms. Rodriguez is a nephrologist in Dallas, Pennsylvania, where hydraulic fracturing

occurs and various wastewater ponds of fracking fluids are easy to find. He asserts that direct or

indirect contact with fracking fluid is detrimental to health and proper treatment for exposure

requires knowing the environmental toxins contained in the fracking fluid. This information is

currently considered proprietary information. So, under Article 13, in medical emergencies,

medical professionals must verbally agree to keep the information confidential and use the

information only for the specific medical emergency. In non-emergency situations, fracking

companies only have to provide proprietary information when a confidentially agreement is

signed and a written statement of need is submitted. Rodriguez asserts that the public must be

made aware of the toxins contained in fracking fluid to protect themselves, and that the "Medical

Gag Rules" threaten his ability to properly diagnose and treat his patients. Rodriguez's case was

dismissed because he did not allege any specific situation where he needed this information to
 WHAT THE FRACK? 12

treat his patients (Dr. Alfonso Rodriguez M.D. v. Secretary Of Pennsylvania Department Of

Environmental Protection Of Pennsylvania; Chairman Of The Public Utility Commission;

Attorney General Of The Commonwealth Of Pennsylvania, 2015). However, there is a reported

case in Colorado of an ER nurse treating a worker who was splashed in the face by hydraulic

fracturing fluid and a week later was suffering from multiple organ failure and in critical

condition after being exposed to same fracturing fluid that was on the worker she treated. The

nurse's doctors could not help her because they did not know what chemicals were in the fluid

soon enough (Burford, 2012).

Registry

A web-based registry, funded by the U.S. Department of Energy, was initiated in 2014 for

the voluntary reporting of chemicals used in fracking mixtures. It was created to encourage

companies to release the controversial ingredients used in fracking that are considered

proprietary information and have previously gone unshared with the public. The Ground Water

Protection Council and the IOGCC partnered to create this registry ("Hydraulic Fracturing in

Virginia," 2015).

Law and Regulation

Hydraulic Fracturing is currently governed solely by state law. States submit regulatory

plans to the federal government specific to the individual state and are processed and approved.

The Interstate Oil and Gas Compact Commission (IOGCC) represent "the state gas and oil

agencies" and argue that laws are already in place to protect citizens from the harmful effects of

fracking (Burford, 2012). Specifically, the IOGCC maintains that any regulation of hydraulic

fracturing under the Underground Injection Control portion of the Safe Drinking Water Act

(SDWA) would be duplicative (Burford, 2012).

 WHAT THE FRACK? 13

State Regulators

The regulators who inspect fracking wells supervise management and ensure state plans

are followed and maintained. However, due to the exponential growth of fracking, a large

number of wells are left unchecked for years, and prioritization of inspection can prevent various

wells from being effectively regulated (Burford, 2012). In Texas, there are 273,660 fracking

wells and only 106 regulators to supervise their management and safety. Then, in West Virginia,

there are 52,222 active wells and only 17 inspectors, meaning regulators would have to inspect 9

wells per day without taking off weekends or vacations to inspect each one. The limited number

of regulators provided by the state government creates the possibility of increased risk from

fracking operations (Burford, 2012).

Federal Law

Fracking is currently ungoverned by federal legislation. Critics of hydraulic fracturing

argue the federal government is best to regulate because it would provide uniformity to the

industry and "eliminate any lobbying that forces states to compromise public health" (Burford,

2012). To avoid the process of having an entirely new piece of legislation passed, many

environmentalists argue fracking should be governed under pre-existing federal law. This would

include the Safe Drinking Water Act, which sets "requirements for proper well siting,

construction, and operation to minimize risks to underground sources of drinking water"

("Natural Gas Extraction: Hydraulic Fracturing," 2016). Currently, the Energy Policy Act of

2005, referred to as the Halliburton Loophole, excludes fracking from the SDWA. In addition,

the Clean Water Act sets national standards for wastewater discharge; fracking is excluded from

this regulation too. To add on, the Clean Air Act monitors and regulates greenhouse gas
 WHAT THE FRACK? 14

emissions, but it does not include fracking ("Natural Gas Extraction: Hydraulic Fracturing,"

2016).

FRAC Act. This bill was introduced to the House of Representatives on March 17, 2015.

It was proposed to amend the Energy Policy Act of 2005 to include hydraulic fracturing under

the Safe Water Drinking Act ("FRAC Act," 2015). The bill is sponsored by democratic Senator,

Robert Casey of Pennsylvania, an area where the fracking industry is present. Neither the House

nor the Senate have voted on this proposed legislation.

Fracturing Regulations are Effective in State Hands Act. As there is a large group of

people lobbying for federal, more stringent regulations on fracking, there are those who believe it

should remain governed by state law. The Fracturing Regulations are Effective in State Hands

Act was introduced March 18, 2015 "to clarify that a State has the sole authority to regulate

hydraulic fracturing on Federal land within the boundaries of the State" ("Fracturing Regulations

Are Effective in State Hands Act," 2015). Neither the House nor the Senate has voted on this bill.

Hydraulic Fracturing Conference

A hydraulic fracturing conference was scheduled for March 7-10, 2016, at Hilton

Houston North in Houston, Texas. It was to be part of a series of Unconventional Resources

Technology Conferences sponsored by ASME. The conference was created "to offer innovative

solutions for the construction, delivery and production of unconventional wells" for fracking. It

would also offer insight and discussion on the developments in regulation and technology for

hydraulic fracturing. Unfortunately, the conference was canceled due to market conditions

("Hydraulic Fracturing Conference," 2016).

Public Opinion
 WHAT THE FRACK? 15

Americans who are aware and informed of hydraulic fracturing favor stricter regulation.

A national poll by Bloomberg News in 2012 found that more than three times as many people

said more regulations are needed as opposed to fewer for fracking ("Americans Favor Stricter

Regulations for Fracking," 2015). Mark Boling, executive Vice President for Houston-based

Southwestern Energy, reacted to the poll results in an interview. He stated:

We have been so focused as an industry on figuring out how to crack the code and

get these huge volumes of gas trapped in shale formations. We haven't focused on

the things we have to do differently above ground. ("Americans Favor Stricter

Regulations for Fracking," 2015)

In addition, reputable surveyor Gallup reported in 2015 that opposition to fracking in the U.S.

was 40%. In 2016, opposition raised 15% to 51% opposition to fracking in the U.S (Gallup,

2016). Gallup has concluded with only a 4% margin of error that "opposition to hydraulic

fracturing...has increased significantly in the past year...even though the procedure has helped

keep oil prices low" (Gallup, 2015).

Conclusion

Hydraulic Fracturing jeopardizes the safety of the environment and of United States

citizens because it is not well regulated, and the dangerous chemicals used in the process are

considered proprietary information and go undisclosed to the public. People need to be better

informed of the risks associated with fracking and the federal government needs to govern it,

rather than the state. The Energy Policy Act of 2005 is hindering the ability of the federal

government to effectively do this ("Natural Gas Extraction: Hydraulic Fracturing," 2016). The

negative effects of fracking outweigh its potentially positive effects and present a clear danger to

the public. As additional risks associated with fracking are discovered, it is crucial the public is
 WHAT THE FRACK? 16

cognizant of the exact chemicals used in the fracking process so medical professionals have

access to the information in emergency situations (Burford, 2012).

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 WHAT THE FRACK? 17

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 WHAT THE FRACK? 21

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