Oil and Gas at Your Door? (2005 Edition) - Earthworks

OTHER ACTIVITIES TO CONSIDER
Push for Reform of Oil and Gas Regulations
There are different ways to attempt to change the way governments regulate the oil and gas
industry. Legal battles have been waged to try to get governments to enact regulations that are
more protective of the environment and human health. And citizens have put pressure on government
officials through organizing efforts and being vocal about their concerns. Below are
some examples of regulatory changes that have resulted from the efforts of surface owners and
others.
Litigation Has Led to Changes in State and Federal Government Regulations.
In 1989, a family living in the Black Warrior Basin of Alabama experienced contamination of
their water well. Long, oily strings and a strong sulfur smell emanated from their tap water. The
family believed the contamination resulted from the hydraulic fracturing occurring at nearby
coalbed methane operations. 467 At that time, however, there were no regulations governing
hydraulic fracturing. The family enlisted the help of the Legal Environmental Assistance
Foundation (LEAF). In hopes that improvements to regulations could be made, LEAF petitioned
the federal Environmental Protection Agency (EPA), asking the agency to assume responsibility
for Alabama’s underground injection control (UIC) program. EPA had delegated this responsibility
to the State of Alabama. In 1995, when EPA refused to take responsibility, LEAF took them
to court. After years of court battles, the 11th Circuit Court decided that in order for the state
to maintain the ability to regulate UIC, the state must regulate hydraulic fracturing. 468 In 1999,
Alabama adopted hydraulic fracturing regulations. Some positive aspects of the regulations
include that:
• fracturing fluids cannot exceed applicable primary drinking water regulations or otherwise
adversely affect the health of persons
• fracturing is prohibited from ground surface to 299 feet below ground surface (bgs)
• for fracturing performed between 300 feet and 749 feet bgs, the company must monitor
fresh-water wells within ¼ mile of the well to be fractured, submit a fracturing program to
the state, and perform a cement bond log analysis.
(See Peggy Hocutt’s story in Chapter IV, to learn more about the potential effects of
hydraulic fracturing.)
Citizen Pressure Has Influenced State Regulations.
If you want to help protect yourself and others from industry practices that affect surface owners’
property, water quality, air quality, health and safety; or if you want to protest unfair leasing
practices used by industry, one way is to let your voice be heard. Public officials and legislators
need to hear from people who have been mistreated by industry representatives, or who have
had their quality of life and livelihood affected by the oil and gas industry. If you believe that the
laws and regulations need to be reformed, then contact your state legislators, the state
Governor, and the directors of the various state agencies that regulate oil and gas.
• In a “smashing breakthrough for citizen advocacy,” Michigan citizens were able to get five
new oil- and gas-related bills passed in 1999. The positive changes included: protections
for state-owned lands; increased funding for state oil and gas oversight;
allowing some private landowners to buy back mineral rights from the
state; and making health and safety a priority when considering new
well permits. 469
• In eastern Colorado, the drilling of more than 3,000 new wells in the
early 1990s caused a protest among farmers so fierce that the
Colorado Oil and Gas Conservation Commission established new
policies for notifying landowners about drilling before it occurs. 470
FIGURE III-5.
LANDOWNER’S
BUTTON FROM
ALASKA
III-29