Fracking's Consequences Obscured by Legal Tactic
RDA - Responsible Drilling Alliance
Fracking's Consequences Obscured by Legal Tactic
by Anthony Robbins
Natural gas producers are battling public concerns over the health effects of their extraction techniques. Does injection of water and toxic chemicals deep into the ground to release methane gas contaminate ground water, and potentially drinking water? Now it appears that settled lawsuits and confidentiality agreements have prevented almost everyone from learning about the instances where serious contamination has been caused by gas drilling.
On August 4th, the New York Times reported on an EPA document that described contamination of drinking water. This EPA report has been kept secret by the strategy of settling lawsuits with an agreement that the plaintiff will not reveal the problem in return for a payoff.
Civil litigation uncovers a great deal of otherwise unavailable information about practices and products which may cause disease and injury. However, common practices in and related to lawsuits, trials, and courts, such as protective orders, sealing orders, and confidential settlements, can deprive public health authorities and the public itself of information that might be helpful to prevent disease, injury, disability, and death. In the United States, this conflict between public health and legal practice over the availability of information is nowhere more evident than in tort litigation.
The assumption that public health authorities need and should have information in order to protect the population seems at odds with the actions of parties in many lawsuits, particularly civil suits that seek compensation for alleged torts. When the information about the cause of disease or injury is sufficiently convincing to cause the parties to settle, it also might be sufficient to convince public health authorities to take actions to protect others similarly exposed, or at least to undertake research to learn about the consequences of similar exposures.
Lawyers acting for their clients often seek help from courts to enforce secrecy. They can ask for protective orders to conceal information uncovered in pretrial discovery. The defendant frequently asks the judge to order the plaintiff not to divulge this information to the public or even to government agencies authorized to protect the public. To protect records from public scrutiny, lawyers can also ask judges for sealing orders during or at the conclusion of litigation.
Similarly, after the parties have agreed to settle, and occasionally after a verdict, attorneys can ask the judge to enter an order for a confidential settlement, prohibiting, on pain of contempt, the parties or their lawyers from revealing information contained in the settlement. This prohibition might include talking with the press, cooperating with regulatory authorities (such as the Food and Drug Administration, the Environmental Protection Agency, or the National Highway Traffic Safety Administration, and sometimes prohibiting even an admission that there was a dispute in the first place.
It appears that wherever there has been litigation, those charged with protecting the public health should consider whether there is helpful information that is being hidden. In a new approach to preventing such problematic secrecy in the future, judges could refuse to enter protective orders that seal records relevant to public health, or refuse to enforce confidentiality agreements regarding such information.
This article was edited for the RDA newsletter from the original text written by Anthony Robbins, MD, MPA. Dr Robbins is a Professor of Public Health at Tufts University School of Medicine and co-editor of the Journal of Public Health Policy. He directed the Vermont, then the Colorado, state health departments and the National Institute for Occupational Safety and Health before serving as professional staff to the House Energy and Commerce Committee. The unedited article is available here:
http://scienceblogs.com/thepumphandle/2011/08/frackings_consequences_obscure.php
Gas Drilling Videos
Many amateur videographers have recorded various aspects of gas drilling. From truck traffic to well pads, from fracking to accidents to interviews with residents, business people and landowners; these short films give you first-hand accounts of what the gas industry's presence means for PA residents.
Pine Creek Valley
An exceptional value stream and gateway to the Pennsylvania Wilds, Pine Creek is loved by kayakers, anglers, and outdoor-loving folks of all ages. What has drilling brought to this beautiful valley?
http://www.youtube.com/watch?v=KZZQxe6FiGA
Marcellus Shale Bus Tour
Get on the bus with a group of Luzerne County residents as they travel to Bradford County to view the gas fields first hand.
http://www.youtube.com/watch?v=g5QqidiEEHw
18,000 Horsepower
Hydraulic fracturing of a gas well requires intense pressure of about 9,000 psi (pounds per square inch). To generate that pressure requires alot of horespower. This short video shows why the gas industry had to get an exemption from the federal Clean Air Act, and why we need tighter air quality regulations at both the federal and state level. http://www.youtube.com/watch?v=RMBFXzluFaY
Forest Lake
If asked what comes to mind when you hear the phrase "Forest Lake", this may not be the first images most people think of. The drilling site pictured here is in Forest Lake, Susquehanna County.
http://www.youtube.com/watch?v=mG6Uz7wciew
The Lighter Side
Gather the kids and grandkids, and watch this comedic gas drilling puppet show together.
http://www.youtube.com/watch?v=VPtwfHVp624
The End of Country
An important book for people interested in the pros & cons of gas drilling
Seamus McGraw, author of End of Country, will be in Williamsport this Friday, August 12 from 5 – 8 pm to discuss his book and the impact of the Marcellus Shale on the politics, economy and environment of Pennsylvania. McGraw's book, as readable as it is relevant, is an excellent choice for those who wish to see the bigger picture of gas drilling. Seamus McGraw will be at Otto's Book Store on 4th Street in downtown Williamsport to read excerpts, discuss relevant questions, and present insights into ways he believes can make things work out better for everyone.
Bus to Philadelphia?
RDA is considering a bus charter to the rally in Philadelphia on September 7. If you are interested in attending the event and traveling on an RDA-chartered bus, we need to hear from you. Please send an email with Sept 7 in the reference line. Include your name and phone number in the text of the message. Please contact RDA as soon as possible at: in...@responsibledrillingalliance.org Learn more here:
