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DEBUNKING GasLand THE MOVIE

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Josh Fox makes his mainstream debut with his fictional rant film targeting natural gas – but how much of it is actually true?"

One glaring error in the film is the suggestion that gas drilling led to the September fish kill at Dunkard Creek in Greene County. That was determined to have been caused by a golden algae bloom from coal mine drainage, (from CONSOL Energy discharge), NOT natural gas drilling.

Attached below are 2 reports from the Colorado Oil and Gas Conservation Commission. The Commission investigated the Markham and McClure water wells, each referenced in the movie Gasland. Sample results showed that the water wells contained naturally occurring biogenic methane gas. In each case, the Commission found that the complaints were unrelated to oil and gas activities.

For an avant-garde filmmaker and stage director whose previous work has been recognized by the “Fringe Festival” of New York City, HBO’s decision to air the GasLand documentary nationwide later this month represents Josh Fox’s first real foray into the mainstream – and, with the potential to reach even a portion of the network’s 30 million U.S. subscribers, a potentially significant one at that.

But with larger audiences and greater fanfare come the expectation of a few basic things: accuracy, attention to detail, and original reporting among them. Unfortunately, in the case of this film, accuracy is too often pushed aside for simplicity, evidence too often sacrificed for exaggeration, and the same old cast of characters and anecdotes – previously debunked – simply lifted from prior incarnations of the film and given a new home in this one.

“I’m sorry,” Josh Fox once told a New York City magazine, “but art is more important than politics. … Politics is people lying to you and simplifying everything; art is about contradictions.” And so it is with GasLand: politics at its worst, art at its most contrived, and contradictions of fact found around every bend of the river. Against that backdrop, we attempt below to identify and correct some of the most egregious inaccuracies upon which the film is based (all quotes are from Josh Fox, unless otherwise noted):

Misstating the Law

(6:05) “What I didn’t know was that the 2005 energy bill pushed through Congress by Dick Cheney exempts the oil and natural gas industries from Clean Water Act, the Clean Air Act, the Safe Drinking Water Act, the Superfund law, and about a dozen other environmental and Democratic regulations.”

This assertion, every part of it, is false. The oil and natural gas industry is regulated under every single one of these laws — under provisions of each that are relevant to its operations. See this fact sheet for a fuller explanation of that.

The process of hydraulic fracturing, to which Fox appears to be making reference here, has never in its 60-year history been regulated under the Safe Drinking Water Act (SDWA). It has, however, been regulated ably and aggressively by the states, which have compiled an impressive record of enforcement and oversight in the many decades in which they have been engaged in the practice.

Far from being “pushed through Congress by Dick Cheney,” the Energy Policy Act of 2005 earned the support of nearly three-quarters of the U.S. Senate (74 “yea” votes), including the top Democrat on the Energy Committee; current Interior secretary Ken Salazar, then a senator from Colorado; and a former junior senator from Illinois named Barack Obama. In the U.S. House, 75 Democrats joined 200 Republicans in supporting the final bill, including the top Democratic members on both the Energy & Commerce and Resources Committees.

(6:24) “But when the 2005 energy bill cleared away all the restrictions, companies … began to lease Halliburton technology and to begin the largest and most extensive domestic gas drilling campaign in history – now occupying 34 states.”

Once again, hydraulic fracturing has never been regulated under SDWA – not in the 60-year history of the technology, the 36-year history of the law, or the 40-year history of EPA. Given that, it’s not entirely clear which “restrictions” in the law Mr. Fox believes were “cleared away” by the 2005 energy bill. All the bill sought to do was clarify the existing and established intent of Congress as it related to the scope of SDWA.

Interest in developing clean-burning natural gas resources from America’s shale formations began to manifest itself well before 2005. The first test well in the Marcellus Shale in Pennsylvania, for example, was drilled in 2004. In Texas, the first wells in the prolific Barnett Shale formation were spudded in the late 1990s. But even before natural gas from shale was considered a viable business model, energy producers had been relying on hydraulic fracturing for decades to stimulate millions of wells across the country. The technology was first deployed in 1948.

The contention that current energy development activity represents the “largest … drilling campaign in history” is also incorrect. According to EIA, more natural gas wells were developed in 1982 than today. And more than two times the number of petroleum wells were drilled back then as well, relative to the numbers we have today. Also, while it may (or may not) be technically true that fracturing activities take place in 34 states, it’s also true that 99.9 percent of all oil and gas activity is found in only 27 U.S. states (page 9, Ground Water Protection Council report)

(32:34) “The energy task force, and $100 million lobbying effort on behalf of the industry, were significant in the passage of the ‘Halliburton Loophole’ to the Safe Drinking Water Act, which authorizes oil and gas drillers exclusively to inject known hazardous materials, unchecked, directly into or adjacent to underground drinking water supplies. It passed as part of the Bush administration’s Energy Policy Act of 2005.”

Not content with simply mischaracterizing the nature of existing law, here Fox attempts to assert that the law actually allows energy producers to inject hazardous chemicals “directly into” underground drinking water. This is a blatant falsehood. Of course, if such an outrageous thing were actually true, one assumes it wouldn’t have taken five years and a purveyor of the avant-garde to bring it to light.

The subsurface formations that undergo fracture stimulation reside thousands and thousands of feet below formations that carry potable water. These strata are separated by millions of tons of impermeable rock, and in some cases, more than two miles of it.

Once again, to characterize the bipartisan 2005 energy bill as having a “loophole” for hydraulic fracturing requires one to believe that, prior to 2005, hydraulic fracturing was regulated by EPA under federal law. But that belief is mistaken. And so is the notion that the 2005 act contains a loophole for oil and natural gas. As stated, hydraulic fracturing has been regulated ably and aggressively by the states.

(1:32:34) “Diana DeGette and Maurice Hinchey’s FRAC Act [is] a piece of legislation that’s one paragraph long that simply takes out the exemption for hydraulic fracturing to the Safe Drinking Water Act.”

Here Fox is referring to the 2008 iteration of the FRAC Act, not the slightly longer (though equally harmful) 2009 version of the bill. The legislation does not, as its authors suggest, “restore” the Safe Drinking Water Act to the way it was in 2004. It calls for a wholesale re-writing of it.

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