Showing posts with label state safety rules. Show all posts
Showing posts with label state safety rules. Show all posts

Tuesday, June 30, 2015

It’s Official: New York State Bans Fracking

It’s Official: New York Bans Fracking

      June 29, 2015

See additional coverage in Bloomberg and the FuelFix.    h/t Roger Straw

New York State officially banned fracking today by issuing its formal Findings Statement, which completed the state’s seven-year review of fracking.

“After years of exhaustive research and examination of the science and facts, prohibiting high-volume hydraulic fracturing is the only reasonable alternative,” said New York’s Department of Environmental Conservation Commissioner Joe Martens in a statement. “High-volume hydraulic fracturing poses significant adverse impacts to land, air, water, natural resources and potential significant public health impacts that cannot be adequately mitigated. This decision is consistent with DEC’s mission to conserve, improve and protect our state’s natural resources, and to enhance the health, safety and welfare of the people of the state.”
Today representatives of New Yorkers Against Fracking, Frack Action and the Sierra Club delivered this giant “Thank You” scroll signed by hundreds of state residents to the 2nd floor of the Capitol Executive Chamber.
Today, representatives of New Yorkers Against Fracking, Frack Action and the Sierra Club delivered this giant “Thank You” scroll signed by hundreds of state residents to the 2nd floor of the Capitol Executive Chamber.
The Findings Statement concludes that “there are no feasible or prudent alternatives that adequately avoid or minimize adverse environmental impacts and address risks to public health from this activity.” Two groups heavily involved in the campaign, New Yorkers Against Fracking and Americans Against Fracking, praised the decision.

Mark Ruffalo, an advisory board member of Americans Against Fracking, worked diligently to ban fracking in his home state and recently made an appearance on The Daily Show with Jon Stewart to encourage the U.S. to go 100 percent renewable by 2050. In a statement on the finalization of New York’s ban on fracking, Ruffalo said:

I applaud the Cuomo Administration for protecting the public health and safety of New Yorkers by finalizing the ban on high volume fracking. Governor Cuomo has set a precedent for the nation by carefully considering the science, which shows a range of public health and environmental harms, and doing what’s best for the people, not the special interests of Big Oil and Gas. Already, other states and countries are following New York’s lead, with prohibitions including Maryland, Scotland, Wales and just today a crucial county in England. Along with many New Yorkers, I look forward to working on advancing renewable energy and efficiency, showing the world that a cleaner, healthier, renewable energy future is possible. Today I’m proud and thankful to be a New Yorker.

Industry groups have, of course, threatened to sue but the attorneys at Earthjustice are confident that the state Department of Environmental Conservation’s exhaustive review “will withstand legal challenge” and Earthjustice pledges “to stand alongside the state in any legal challenge.”

“Today, nearly a year to the day after communities won the right to ban fracking, New York’s historic statewide ban on fracking is now the law of the land,” says Earthjustice Managing Attorney Deborah Goldberg, who represented the town of Dryden, New York, which won its precedent-setting fracking ban case one year ago tomorrow. “We salute Governor Andrew Cuomo’s refusal to bow to industry pressure. He had the courage to do what no other state or federal leader has had the courage to do: let the available scientific evidence dictate whether fracking should proceed in New York.”

New York now joins Vermont in outlawing the practice altogether, which has been banned in the Green Mountain state since 2012. As Ruffalo mentioned, this spring Maryland approved a moratorium on fracking in the state until October 2017. Scotland and Wales have also instituted moratoriums. And today a county in England rejected applications for fracking permits, which the Wall Street Journal says “effectively extends the moratorium on fracking in the U.K.” Meanwhile, Texas and Oklahoma both passed legislation this spring, barring local municipalities from instituting fracking bans.

“New Yorkers can celebrate the fact that we won’t be subjected to the toxic pollution and health risks fracking inevitably brings,” said Alex Beauchamp, northeast region director for Food & Water Watch. “By banning fracking, Governor Cuomo stood up to the oil and gas industry, and in so doing became a national leader on health and the environment. He set a standard for human health and safety that President Obama and other state leaders should be striving for.”

Sunday, June 28, 2015

Fed Judge: Railroads Responsible for Costs of Oil Spills, Disaster Planning



CA Fed Judge: Train Companies Must Prepare for Oil Spills


 
 PHOTO: Companies running oil trains in California will be required to have a spill-response plan. Photo credit: vladyslav-danilin/shutterstock

June 26, 2015

Railroad companies soon won't be able to carry oil in California unless they have a safety plan - and put aside lots of money to cover any future spills. That's because a federal judge in San Francisco dismissed an industry lawsuit last week against California's new railroad safety law.

Patti Goldman, managing attorney for Earthjustice, said the precautions required are common sense.

"All other industries, like the tankers that carry the oil, the refiners, the pipelines, all of them prepare these oil-spill response plans," she aaid. "It's time for the railroads to do the same."

Railroad companies had argued that federal law pre-empts states' regulation of the railroads.

Goldman said the companies now will have more incentive to get the training, equipment and communications systems in place to prevent the worst-case scenario.

"They improve their practices. They can't get financial assurances if they're being really risky," she said. "And they figure out how to handle the oil better so that they won't have a spill."

California's railroad safety law will go into effect once regulations are finalized.
Suzanne Potter, Public News Service - CA


Victory: Railroads must show financial responsibility, safety plans for hazardous fuels they transport in California 

EarthJustice   June 19, 2015
San Francisco, CA —Yesterday, a federal judge dismissed a legal challenge to a California law that requires railroads to commit to oil spill response plans and demonstrate financial solvency in state efforts to reasonably prepare for the risk of oil car derailments and disasters such as those seen this year in West Virginia, Ontario and Illinois.

Reacting to a dramatic surge in crude oil trains coming into the state and threatening state waters, California passed a law last year requiring that railroads and other entities that transport oil across the state prepare comprehensive oil spill response plans and demonstrate financial responsibility to clean up a worst-case oil spill. The railroad industry sued the state, seeking to prohibit enforcement of the law, arguing that federal rail laws preempt any state regulation of the railroads. Earthjustice, representing a coalition of concerned citizen groups, sportfishermen, and environmental organizations, joined in the State of California’s defense of the law.

The ruling allows the state to implement regulations requiring increased accountability from railroads in light of the exponential expansion of crude-by-rail shipments across the nation and the resulting risks and incidents of derailments, spills and explosions. In his ruling, Judge Troy Nunley of the Eastern District of California dismissed the railroads’ challenge as premature, since the law they challenged has not yet been implemented.

“States have the authority—a duty even—to demand that railroads have plans in place to respond to disasters and protect waterways from oil spills,” said Earthjustice attorney Tamara Zakim.  “California’s law is a sensible response to the flood of Bakken crude and Canadian tar sands oil entering the state by rail and the threat those shipments pose, and the Court has done the right thing by dismissing railroads’ baseless challenge.”

Earthjustice represented San Francisco Baykeeper, Communities for a Better Environment, the Sierra Club, California Sportfishing Protection Alliance, Center for Biological Diversity, Association of Irritated Residents and the Asian Pacific Environmental Network in defense of the law.

Read the legal document.




Thursday, April 2, 2015

Vapor Pressure Spikes in Full Oil Tank Cars: Experts

North Dakota's New Oil Train Safety Checks Miss Risks, Experts Warn

By Patrick Rucker      Reuters  03/31/15


WASHINGTON, March 31 (Reuters) - New regulations to cap vapor pressure of North Dakota crude fail to account for how it behaves in transit, according to industry experts, raising doubts about whether the state's much-anticipated rules will make oil train shipments safer.

High vapor pressure has been identified as a possible factor in the fireball explosions witnessed after oil train derailments in Illinois and West Virginia in recent weeks.....

.... It is "well-understood, basic physics" that crude oil will exert more pressure in a full container than in the test conditions North Dakota will use, said Dennis Sutton, executive director of the Crude Oil Quality Association, which studies how to safely handle fossil fuels.

Ametek Inc, a leading manufacturer of testing equipment, has detected vapor pressure climbing from about 9 psi to over 30 psi - more than twice the new limit - while an oil tank is filled to near-capacity. (Graphic: http://reut.rs/1EHChG4)

About 70 percent of the roughly 1.2 million barrels of oil produced in North Dakota every day moves by rail to distant refineries and passes through hundreds of cities and towns along the way.

The state controls matter to those communities because there is no federal standard to curb explosive gases in oil trains.....    more here