Federal Statutes and Environmental Justice in the Navajo Nation: The Case of Fracking in the Greater Chaco Region.

Arguing for the importance of robust public participation and meaningful Tribal consultation to address the cumulative impacts of federal projects, we bridge interdisciplinary perspectives across law, public health, and Indigenous studies. We focus on openings in existing federal law to involve Tribes and publics more meaningfully in resource management planning, while recognizing the limits of this involvement when only the federal government dictates the terms of participation and analysis. We first discuss challenges and opportunities for addressing cumulative impacts and environmental justice through 2 US federal statutes: the National Environmental Policy Act and the National Historic Preservation Act. Focusing on a major federal planning process involving fracking in the Greater Chaco region of northwestern New Mexico, we examine how the Department of the Interior attempted Tribal consultation during the COVID-19 pandemic. We also highlight local efforts to monitor Diné health and well-being. For Diné people, human health is inseparable from the health of the land. But in applying the primary legal tools for analyzing the effects of extraction across the Greater Chaco region, federal agencies fragment categories of impact that Diné people view holistically. (Am J Public Health. 2022;112(1):116-123. https://doi.org/10.2105/AJPH.2021.306562).

Inadequate Regulation of the Geological Aspects of Shale Exploitation in the UK.

Unconventional oil and gas exploitation, which has developed in the UK since 2009, is regulated by four main agencies: The Oil and Gas Authority, the Environment Agency, the Health and Safety Executive and local Mineral Planning Authorities (usually county councils). The British Geological Survey only has an advisory role, as have ad hoc expert committees. I firstly define terms, and summarise the remits of the regulators and background history. Fourteen case histories are then discussed, comprising most of the unconventional exploitation to date; these cases demonstrate the failure of regulation of the geological aspects of fracking operations in the UK. The regulators let inadequacies in geological understanding, and even mendacious geological interpretations by the hydrocarbon operators slip through the net. There are potentially severe implications for environmental safety-if and when permits are granted. Geological pathways, if not properly understood and mitigated, may lead to long-term pollution of groundwater and surface water; methane and H2S emissions. Induced earthquakes have not been well regulated. The case histories demonstrate a laissez-faire and frequently incompetent regulatory regime, devised for the pre-unconventional era, and which has no geological oversight or insight.

Human Rights and Fracking in England: The Role of the Oregon Permanent People's Tribunal.

The potential impacts of fracking on the environment and health, as well as impacts on local communities and their "quality of life," are well documented. This paper outlines the potential human rights impacts of fracking and argues for a human rights-based, participatory, and justice-based approach to regulation. In particular, it discusses the findings of the recent Permanent Peoples' Tribunal session on human rights, fracking, and climate change, held in Oregon, United States, and the potential impact of the tribunal's decision on other jurisdictions where fracking takes place, particularly England.

Variance in State Protection from Exposure to NORM and TENORM Wastes Generated During Unconventional Oil and Gas Operations: Where We Are and Where We Need to Go.

Radioactive materials for the medical, technological, and industrial sectors have been effectively regulated in the United States since as early as 1962. The steady increase in the exploration and production of shale gas in recent years has led to concerns about exposures to Naturally Occurring Radioactive Materials (NORM) and Technologically Enhanced Naturally Occurring Radioactive Materials (TENORM) in oil and gas waste streams. This study applied policy surveillance methods to conduct a cross-sectional fifty-state survey of law and regulations of NORM and TENORM waste from oil and gas operations. Results indicated that seventeen states drafted express regulations to reduce exposure to oil and gas NORM and TENORM waste. States with active oil and gas drilling that lack regulations controlling exposure to NORM and TENORM may leave the public and workers susceptible to adverse health effects from radiation. The study concludes with recommendations in regard to regulating oil and gas NORM and TENORM waste.

Comparison of chemical-use between hydraulic fracturing, acidizing, and routine oil and gas development.

The potential hazards and risks associated with well-stimulation in unconventional oil and gas development (hydraulic fracturing, acid fracturing, and matrix acidizing) have been investigated and evaluated and federal and state regulations requiring chemical disclosure for well-stimulation have been implemented as part of an overall risk management strategy for unconventional oil and gas development. Similar evaluations for chemicals used in other routine oil and gas development activities, such as maintenance acidizing, gravel packing, and well drilling, have not been previously conducted, in part due to a lack of reliable information concerning on-field chemical-use. In this study, we compare chemical-use between routine activities and the more closely regulated well-stimulation activities using data collected by the South Coast Air Quality Monitoring District (SCAQMD), which mandates the reporting of both unconventional and routine on-field chemical-use for parts of Southern California. Analysis of this data shows that there is significant overlap in chemical-use between so-called unconventional activities and routine activities conducted for well maintenance, well-completion, or rework. A comparison within the SCAQMD shows a significant overlap between both types and amounts of chemicals used for well-stimulation treatments included under State mandatory-disclosure regulations and routine treatments that are not included under State regulations. A comparison between SCAQMD chemical-use for routine treatments and state-wide chemical-use for hydraulic fracturing also showed close similarity in chemical-use between activities covered under chemical disclosure requirements (e.g. hydraulic fracturing) and many other oil and gas field activities. The results of this study indicate regulations and risk assessments focused exclusively on chemicals used in well-stimulation activities may underestimate potential hazard or risk from overall oil field chemical-use.

Modeling potential occupational inhalation exposures and associated risks of toxic organics from chemical storage tanks used in hydraulic fracturing using AERMOD.

Various toxic chemicals used in hydraulic fracturing fluids may influence the inherent health risks associated with these operations. This study investigated the possible occupational inhalation exposures and potential risks related to the volatile organic compounds (VOCs) from chemical storage tanks and flowback pits used in hydraulic fracturing. Potential risks were evaluated based on radial distances between 5 m and 180 m from the wells for 23 contaminants with known inhalation reference concentration (RfC) or inhalation unit risks (IUR). Results show that chemicals used in 12.4% of the wells posed a potential acute non-cancer risks for exposure and 0.11% of the wells with may provide chronic non-cancer risks for exposure. Chemicals used in 7.5% of the wells were associated with potential acute cancer risks for exposure. Those chemicals used in 5.8% of the wells may be linked to chronic cancer risks for exposure. While eight organic compounds were associated with acute non-cancer risks for exposure (>1), methanol the major compound in the chemical storage tanks (1.00-45.49) in 7,282 hydraulic fracturing wells. Wells with chemicals additives containing formaldehyde exhibited both acute and chronic cancer risks for exposure with IUR greater than 10-6, suggesting formaldehyde was the dominant contributor to both types of risks for exposure in hydraulic fracturing. This study also found that due to other existing on-site emission sources of VOCs and the geographically compounded air concentrations from other surrounding wells, chemical emissions data from storage tanks and flowback pits used in this study were lower than reported concentrations from field measurements where higher occupational inhalation risks for exposure may be expected.

Adequacy of Current State Setbacks for Directional High-Volume Hydraulic Fracturing in the Marcellus, Barnett, and Niobrara Shale Plays.

BACKGROUND: There is an increasing awareness of the multiple potential pathways leading to human health risks from hydraulic fracturing. Setback distances are a legislative method to mitigate potential risks. OBJECTIVES: We attempted to determine whether legal setback distances between well-pad sites and the public are adequate in three shale plays. METHODS: We reviewed geography, current statutes and regulations, evacuations, thermal modeling, air pollution studies, and vapor cloud modeling within the Marcellus, Barnett, and Niobrara Shale Plays. DISCUSSION: The evidence suggests that presently utilized setbacks may leave the public vulnerable to explosions, radiant heat, toxic gas clouds, and air pollution from hydraulic fracturing activities. CONCLUSIONS: Our results suggest that setbacks may not be sufficient to reduce potential threats to human health in areas where hydraulic fracturing occurs. It is more likely that a combination of reasonable setbacks with controls for other sources of pollution associated with the process will be required. CITATION: Haley M, McCawley M, Epstein AC, Arrington B, Bjerke EF. 2016. Adequacy of current state setbacks for directional high-volume hydraulic fracturing in the Marcellus, Barnett, and Niobrara Shale Plays. Environ Health Perspect 124:1323-1333; http://dx.doi.org/10.1289/ehp.1510547.