• Monthly
  • $25
  • $50
  • $100
  • $other
  • use PayPal

Spring Donation Drive

CounterPunch is a lifeboat piggybank-icon of sanity in today’s turbulent political seas. Please make a tax-deductible donation and help us continue to fight.
FacebookTwitterRedditEmail

ALEC, CSG, ExxonMobil Fracking Fluid “Disclosure” Model Bill Failing By Design

Last year, a hydraulic fracturing (“fracking”) chemical fluid disclosure “model bill” was passed by both the Council of State Governments (CSG) and the American Legislative Exchange Council (ALEC). It proceeded to pass in multiple states across the country soon thereafter, but as Bloomberg recently reported, the bill has been an abject failure with regards to “disclosure.”

That was by design, thanks to the bill’s chief author, ExxonMobil.

Originating as a Texas bill with disclosure standards drawn up under the auspices of the Obama Administration’s Department of Energy Fracking Subcommittee rife with oil and gas industry insiders, the model is now codified as law in Colorado, Pennsylvania, and Illinois.

Bloomberg reported that the public is being kept “clueless” as to what chemicals are injected into the ground during the fracking process by the oil and gas industry.

“Truck-Sized” Loopholes: Fracking Chemical Fluid Non-Disclosure by Design

“Drilling companies in Texas, the biggest oil-and-natural gas producing state, claimed similar exemptions about 19,000 times this year through August,” explained Bloomberg. “Trade-secret exemptions block information on more than five ingredients for every well in Texas, undermining the statute’s purpose of informing people about chemicals that are hauled through their communities and injected thousands of feet beneath their homes and farms.”

For close observers of this issue, it’s no surprise that the model bills contain “truck-sized” loopholes.

“A close reading of the bill…reveals loopholes that would allow energy companies to withhold the names of certain fluid contents, for reasons including that they have been deemed trade secrets,” The New York Times explained back in April.

Disclosure Goes Through FracFocus, PR Front For Oil and Gas Industry

The model bill that’s passed in four states so far mandates that fracking chemical fluid disclosure be conducted by FracFocus, which recently celebrated its one-year anniversary, claiming it has produced chemical data on over 15,000 fracked wells in a promotional video.

The reality is far more messy, as reported in an August investigation by Bloomberg.

“Energy companies failed to list more than two out of every five fracked wells in eight U.S. states from April 11, 2011, when FracFocus began operating, through the end of last year,” wrote Bloomberg. “The gaps reveal shortcomings in the voluntary approach to transparency on the site, which has received funding from oil and gas trade groups and $1.5 million from the U.S. Department of Energy.”

This moved U.S. Representative Diana DeGette (D-CO) to say that FracFocus and the model bills it would soon be a part of make a mockery of the term “disclosure.”

“FracFocus is just a fig leaf for the industry to be able to say they’re doing something in terms of disclosure,” she said.

“Fig leaf” is one way of putting it.

Another way of putting it is “public relations ploy.” As Dory Hippauf of ShaleShock Media recently revealed in an article titled “FracUNfocusED,” FracFocus is actually a PR front for the oil and gas industry.

Hippauf revealed that FracFocus‘ domain is registered by Brothers & Company, a public relations firm whose clients include America’s Natural Gas Alliance, Chesapeake Energy, and American Clean Skies Foundation – a front group for Chesapeake Energy.

Given the situation, it’s not surprising then that “companies claimed trade secrets or otherwise failed to identify the chemicals they used about 22 percent of the time,” according to Bloomberg‘s analysis of FracFocus data for 18 states.

Put another way, the ExxonMobil’s bill has done exactly what it set out to do: business as usual for the oil and gas industry.

Steve Horn is a Research Fellow at DeSmogBlog and a freelance investigative journalist based out of Madison, Wisconsin.

More articles by:

Steve Horn is a freelance investigative journalist and Research Fellow at DeSmogBlog, where this piece first appeared.

bernie-the-sandernistas-cover-344x550

Weekend Edition
May 17, 2019
Friday - Sunday
Melvin Goodman
Trump and the Middle East: a Long Record of Personal Failure
Joan Roelofs
“Get Your Endangered Species Off My Bombing Range!”
Jeffrey St. Clair
Roaming Charges: Slouching Towards Tehran
Paul Street
It’s Even More Terrible Than You Thought
Rob Urie
Grabby Joe and the Problem of Environmental Decline
Ajamu Baraka
2020 Elections: It’s Militarism and the Military Budget Stupid!
Andrew Levine
Springtime for Biden and Democrats
Richard Moser
The Interlocking Crises: War and Climate Chaos
Ron Jacobs
Uncle Sam Needs Our Help Again?
Eric Draitser
Elizabeth Warren Was Smart to Tell FOX to Go to Hell
Peter Bolton
The Washington Post’s “Cartel of the Suns” Theory is the Latest Desperate Excuse for Why the Coup Attempt in Venezuela has Failed
Doug Johnson Hatlem
Analysis of Undecideds Suggests Biden’s Support May be Exaggerated
Peter Lackowski
Eyewitness in Venezuela: a 14-year Perspective
Karl Grossman
Can Jerry Nadler Take Down Trump?
Howie Hawkins
Does the Climate Movement Really Mean What It Says?
Gary Leupp
Bolton and the Road to the War He Wants
Jill Richardson
Climate Change was No Accident
Josh Hoxie
Debunking Myths About Wealth and Race
David Barsamian
Iran Notes
David Mattson
Social Carrying Capacity Politspeak Bamboozle
Christopher Brauchli
The Pompeo Smirk
Louis Proyect
Trotsky, Bukharin and the Eco-Modernists
Martha Burk
Will Burning at the Stake Come Next?
John W. Whitehead
The Deadly Perils of Traffic Stops in America
Binoy Kampmark
The Christchurch Pledge and a Regulated Internet
David Rosen
Florida’s Sex Wars: the Battle to Decriminalize Sex Work
Ralph Nader
Trump: Importing Dangerous Medicines and Food and Keeping Consumers in the Dark
Brett Haverstick
America’s Roadless Rules are Not Protecting Public Wildlands From Development
Alan Macleod
Purity Tests Can be a Good Thing
Binoy Kampmark
Modern Merchants of Death: the NSO Group, Spyware and Human Rights
Kim C. Domenico
Anarchism & Reconciliation, Part II
Peter LaVenia
Game of Thrones and the Truth About Class (Spoiler Warning)
Manuel E. Yepe
The Options Trump Puts on the Table
Renee Parsons
The Pompeo/Bolton Tag Team
David Swanson
Where Lyme Disease Came From and Why It Eludes Treatment
Cesar Chelala
Lowering Your Risk of Alzheimer’s Disease
Kollibri terre Sonnenblume
Our Problems are Deeper than “Capitalism” (and “Socialism” Alone Can’t Solve Them)
Chris Zinda
Delegislating Wilderness
Robert Koehler
War’s Unanswered Questions
Robert P. Alvarez
Let Prison Inmates Vote
Barbara Nimri Aziz
A Novel We Can All Relate To
David Yearsley
Carmen’s Mother’s Day Lessons
Charles R. Larson
Review: Ziya Tong’s “The Reality Bubble”
Elliot Sperber
Pharaoh’s Dream
Elizabeth Keyes
Somewhere Beyond Corporate Media Yemenis Die
FacebookTwitterRedditEmail