Lawmakers Finally Ready to Crack Down on Hydraulic Fracturing

Hydraulic fracturing or "fracking," a controversial natural gas drilling practice that involves the use of large quantities of a toxic fluid mixture to facilitate gas extraction, has enjoyed exemption from environmental laws for too long. On Tuesday Democratic representitives Dianna DeGette, Maurice Hinchey, and Jarred Polis introduced legislation aiming to reverse Bush era measures that had exempted fracking from regulation under the Safe Drinking Water Act and other environmental laws in 2005. In the Senate, Democrat Bob Casey introduced similar legislation.

"Families, communities, and local governments are upset that the safety of their water has been compromised by a special interest exemption, and we join them in that frustration," Rep Polis Dem/Co.

The above exemption stemmed from a controversial 2004 EPA study which stated that hydraulic fracturing posed "no threat to drinking water." Although the report took considerable fire from independent researchers, and government whistleblowers, it was a major factor in influencing congress to exempt hydraulic fracturing from the Safe Drinking Water act.

The new legislation would also repeal the natural gas drilling industry's Bush era exemption from the Federal Emergency Planning and Community Right To Know acts. Currently the exact compositions of these fluids are largely unknown to the public, though benzene and many other known carcinogens are known to be present in the fracking mixture. Environmental experts believe that up to 90% of the chemicals used are toxic to humans

The Hydraulic Fracturing process, invented by Haliburton, is especially useful in squeezing a bit more gas from older wells, and extracting natural gas from shale formations. Fracking involves injecting huge volumes of water laced with benzene and hundreds of other toxic chemicals, deep into the earth. Although the chemicals are injected well below the water table, as much as 60% of the fluid is later recovered and sometimes stored above ground in open pits. In recent years many groundwater contamination incidents have occurred damaging groundwater, and human health, while raising serious questions regarding the validity of the 2004 EPA study.

Fracking critics, myself included, widely speculate that then VP Dick Cheney, a former Haliburton exec, was behind the 2005 exemptions.

"It's time to fix an unfortunate chapter in the Bush administration's energy policy and close the 'Halliburton loophole' that has enabled energy companies to pump enormous amounts of toxins, such as benzene and toluene, into the ground that then jeopardize the quality of our drinking water," Rep. Hinchey Dem/NY

 

 

 

 

 

Jury rejects cancer claim in Texas Lawsuit

Jurors rejected a cancer survivor's claim Monday that toxic chemicals from a Texas railroad tie plant where her husband worked caused the disease that required the removal of her stomach.

This is not a benzene case, but I found it interesting because:
  • It involves indirect exposure
  • it alleges exposure to an industrial product
  • it involves an allegation that the stomach cancer was caused by the product
In this case the plaintiff claimed that her cancer was caused by exposure to creosote that came home on her husband's clothes. 

Faust washed her husband's stained clothes daily for nearly two decades. They were covered with coal-tar creosote, used to treat railroad ties to withstand weather and termites for up to 30 years. After her 1998 diagnosis, doctors removed her stomach, and now food moves directly to her intestines.

This is similar to Mesothelioma cases.  In many of those cases exposure through a spouse (secondary exposure) is sufficient to prove a claim.  Indirect exposure is not something that we see in benzene cases.  Most of the cases we review involve workers directly exposed to benzene or other petroleum products containing it.

Faust said she was not in court Monday because she was not feeling well. Her attorney, Jared Woodfill, said the verdict in the case likely hinged on Faust's history of smoking.

"We knew that was the biggest hurdle we were facing," he said.

Smoking is also a factor in benzene cases.
HoustonChronicle.com