Fracking and Associated Legislature
Fracking companies have developed a system in the lawmaking process that allows for the continuation of policies that clearly degrade the environment. James Madison states in Federalist 51 that “…society itself will be broken into so many parts, interests, and classes of citizens, that the rights of individuals, or of the minority, will be in little danger from interested combinations of the majority” (Madison par. 10). The argument that no ‘faction,’ as Madison describes, will ever become too powerful to undermine the safety of citizens has proven to be outdated and false time and time again. However, no example is more troubling than how fracking corporations have been given free rein to act in any way they please, while at the same time blatantly ignoring the safety and wellbeing of citizens. They have taken advantage of the startling amount of loopholes in environmental policy to exploit the environment; these loopholes often limit the regulation, or in some cases, offer no way to regulate fracking at all. In Madison’s idea of American government, factions will exist; however, their interests will be so diverse and independent from one another, that no single faction will ever overtake the ideals that the constitution was founded on. In actuality, fracking companies, through extensive lobbying and with the help of policymakers turning a blind eye, have compromised both the environment and the wellbeing of individuals through the obviously detrimental practice of hydraulic fracturing. Furthermore, they continue to profit from the systemic incompetence that allows for this kind of corruption to exist.
Within the government, the natural gas industries have initiated and benefitted from the institutionalized corruption surrounding the legislature that concerns environmental conservation. In 2005, the Safe Drinking Water Act was subjected to an amendment called the Energy Policy Act, commonly referred to as the Halliburton loophole, which is “…an exemption for gas drilling and extraction from requirements in the underground injection control…” (“Fracking: Laws and Loopholes” par. 2). This loophole has effectively made drilling for natural gas impossible to regulate. In fact, “in Texas, 96% of the 80,000 violations by oil and gas drillers in 2009 resulted in no enforcement action.” (“Fracking: Predatory Companies” par. 8). In addition, in the instances that saw prosecution, the fines were so small that the guilty companies had little incentive to change their actions. However, it is not the companies alone that have created this kind of corruption. Lobbying in Congress has aided in the sort of amendments like the Halliburton loophole. In 2010 the natural gas extraction and transportation companies spent nearly $20 million on lobbying, ensuring that their continued degradation of the environment remains legal and regulation-free. Moreover, in 2015, the Energy Transfer Equity, a corporation devoted to the transportation and storage of natural gas, spent well over 1 million dollars on lobbying (Natural Gas Pipeline par. 3). Not only does this process demonstrate the degree to which the lawmaking system is held captive by major corporations, but this process directly allows for the exploitation of the environment, which, in turn, compromises the wellbeing of individual Americans.
From the extensive lobbying, one can observe the degree of environmental declination that has resulted from unregulated fracking. There are many aspects of fracking that are harmful, namely the amount of methane they release. Newly fracked wells released “2.4 million metric tons of methane in 2014 — equivalent to the annual greenhouse gas emissions of 22 coal-fired power plants.” This extremely detrimental since methane “…traps heat 86 times more effectively than CO2 [carbon dioxide] over a 20-year period” (Page par. 5). Methane emissions directly influence the greenhouse effect that plays an important role in global climate change. In addition, the continuous injection of water laced with toxic materials has proven to be particularly adverse as it leaches into local fresh water sources. “In 2014 alone, fracking created 15 billion gallons of wastewater… The chemicals can include formaldehyde, benzene, and hydrochloric acid” (Page par. 4). Furthermore, fracking has negatively affected the biodiversity in some areas. A county in Wyoming reported “the mule deer population has fallen by 40 percent in the past 15 years,” the stark downfall coinciding with the beginning of extensive fracking in the area (Page par. 9). However, these dire problems show no signs of improvement. Both through the corrupted lobbying in the lawmaking process and a general sense of ‘out of sight, out of mind’ have contributed to the increase of fracking’s presence. As of April 14, 2016 more than a thousand square miles of the continental United States has been devoted to fracking, which includes the 137,000 fracking wells across 20 states (Page par. 7). Not only has fracking affected the environment undesirably, but the effects of fracking have demonstrated the harm they can cause to human life, as well.
In Madison’s argument, he states that the wellbeing of individuals would not be undermined; however, as a direct result of fracking, many people have faced negative effects. Specifically, the exponential increase in seismic activity in a location that is not close to any plate boundaries offers the best look at how fracking has undermined the wellbeing of individuals. In the years between 1973 and 2008, “there was an average of 21 earthquakes of magnitude three and larger” in the Midwestern United States. “The rate jumped to an average of 99 M3+ earthquakes per year in 2009–2013…In 2014, alone, there were 659 M3 and larger earthquakes” (Induced Earthquakes par. 1). Magnitude 3 is a relatively small earthquake — large enough to be felt by the majority of people, but not necessarily large enough to cause any significant damage. However, there have been cases of larger earthquakes as a result of fracking; for example, people in Prague, Oklahoma have learned to deal with earthquakes after the state’s largest recorded earthquake occurred in 2011. “The magnitude-5.6 convulsion injured at least two people and damaged as many as 200 homes and businesses” (Soraghan par. 3). Clearly, the welfare of individuals has been compromised as a direct result of the fracking industries’ predatory attempts at creating a larger profit.
Through the process of extensive lobbying, the fracking companies have been able to implement and sustain the corruption of the regulatory process, and secure legality of said corruption in their blatantly damaging practices. Additionally, it’s these practices that endanger the environment, the atmosphere, and the global ecosystem, as well as endangering human life. Madison argues that no single faction will ever become strong enough to compromise the security of individuals; however fracking companies offer a myriad of evidence undermining this basic principle. Continued ignorance and blindness toward the problem has created the environment that these companies have profited within. Without change in the laws and attitudes, they will continue to profit by defiling both the government and the environment.
Works Cited
“Fracking: Laws and Loopholes.” Clean Water Action. Clean Water Action, n.d. Web. 16 Apr. 2016.
“Fracking: Predatory Companies.” Greenpeace. Greenpeace Fund USA, n.d. Web. 16 Apr. 2016.
“Induced Earthquakes.” Earthquake Hazard Program. United State Geological Survey, n.d. Web. 16 Apr. 2016.
Madison, James. “The Federalist #51.” Constitution Society. Constitution Society, n.d. Web. 16 Apr. 2016.
“Natural Gas Pipelines.” Opensecrets RSS. Combined Federal Campaigns, n.d. Web. 16 Apr. 2016.
Page, Samantha. “Fracking’s Total Environmental Impact Is Staggering, Report Finds.” Think Progress. Climate Progress, 14 Apr. 2016. Web. 16 Apr. 2016.
Soraghan, Mike. “EARTHQUAKES: Okla. Officials Ignore Advice about Injecting into Faults.” Deep Underground. E&E Publishing, 25 July 2012. Web. 16 Apr. 2016.
