Communities No relief from fracking industry on Colorado’s Front Range Advocates hope new laws will bring changes, but they aren’t seeing much yet.

This article was originally published by the Guardian and is reproduced here as part of the Climate Desk collaboration.

For Barb Binder, the bad news arrived with a knock on the door. That’s when she learned from a local activist that a patch of open public space across from her “forever home” in Broomfield County, the Denver suburb where she and her husband planned to retire, was about to become an industrial site.

Initially, she was comforted by the thought that state officials would not possibly allow residential hydraulic fracturing – or fracking, as it is known – to begin if it was not safe.

But two years on Binder feels naive for being so trusting. She believes her asthma has become worse since the construction near her home began, and blames the drilling mud that has been used on the site. And then there is the constant worry.

“I had to educate myself about exactly what’s involved in industrial-scale fracking,” she says. “It meant looking at the dangers – the fires, the explosions, the toxic releases, and recognizing: ‘Oh my God, I am going to be living right next to this.’”

Binder now spends most of her free time opposing the plans of Extraction Oil and Gas, the Denver-based company that has plans to construct 84 wells around her neighborhood, 16 of them “literally” – she says – in her backyard.

She is not alone. Since the advent of the fracking boom in oil-rich Colorado – where there has been a fivefold increase in oil and gas production since 2008 – new wells and production sites have sprung up around residential neighborhoods in the Front Range faster than environmental researchers can track them.

There are 40,000 active and inactive wells across the Denver basin, and new permits issued every month for more. They are built close to schools, playgrounds, and clusters of family homes.

The boom has coincided with anecdotal tales of ill-effects – from children’s nosebleeds to asthma – and a health study that shows more children being born with congenital heart defects in areas of Colorado with high-intensity oil and gas activity compared with areas where there is low or no activity.

Extraction Oil and Gas told the Guardian it had used new technologies to “minimize the impact of oil and gas development” in the Front Range, compared with the way oil was extracted in previous decades.

A spokesperson said the company had learned some lessons from an incident on its Livingston site, after it voluntarily switched a drilling fluid it had been using because residents complained about the odor. It said air monitoring results had found “no health impact” from the smell.

“To date, all published air-quality monitoring results have been stellar, and conclusively show that any effects of our development on the air we breathe are negligible,” the company said.

“We understand that there will always be those who oppose all oil and gas development whatsoever, or want to ‘leave it in the ground,’ but we will continue our endeavors to minimize impacts of developing the energy we all use each day – and we will never stop innovating for the betterment of Colorado and our state’s economy.”

Yet the conflicts – between industry and residents, and sometimes neighbor versus neighbor – have felt, in the words of the local reporter Chase Woodruff, like a “civil war” at times.

And there have been accidents. In 2017, two men were killed, and a woman and child injured, after a house in Firestone, Colorado, exploded because of a leak of “fugitive gas” from an uncapped pipeline that was connected to a gas well near the home.

Erin Martinez, who lost her husband and brother in the blast, has moved house again after a new well began construction across from her home.

Environmental researchers from the not-for-profit Earthworks group travel from site to site in what sometimes seems like a game of whack-a-mole, using a special gas-finding imaging camera to track, document, and report what they describe as plumes of pollution that are being emitted from the sites, in what they claim is evidence of dangerous releases of methane and other volatile organic compounds that are not visible to the naked eye.

Oil companies have claimed that the plumes are not evidence of toxic emissions. The industry has claimed the plumes are a “heat signature” caused by high temperature drilling mud.

Dozens of complaints have been filed to state authorities, but regulators have deemed that most of those emissions are in the allowable range.

One proposal that would have forced oil and gas wells to be located at least 2,500 ft – or half a mile – from homes and other buildings was voted down on a ballot initiative last year by a vote of 58% to 42%, in a significant blow to anti-fracking activists.

Oil and gas advocates argue the “setback” proposal would have decimated their operations in Colorado, in effect barring new drilling from the Denver suburbs where nine in 10 new wells are being constructed.

Colorado Rising, one of the leading activist groups in the state, reportedly raised about $1.2 million to support the initiative, but were outspent when – activists say – industry sources pumped $41 million into the race.

Opponents of fracking have, however, won one big victory since then. Last April, Colorado’s new Democratic governor, Jared Polis, signed a new mandate into law that forced one of the state’s most powerful institutions, the Colorado Oil and Gas Conservation Commission (COGCC), to completely upend its mission.

Instead of fostering the oil and gas industry, Senate Bill 181 (SB181) has forced the COGCC to regulate it, with a specific priority on public health and safety and focus on the environment.

The new law has raised questions: about whether a state with deep ties to the fossil fuel industry can ever really change, and whether fears about the climate crisis, and the ill-effects of fracking, will ever make a difference.

For years, the oil sector has argued that Colorado needs the multibillion-dollar industry and the hundreds of thousands of job it sustains.

Sara Loflin, the executive director of the League of Oil and Gas Impacted Coloradans, a campaigning group that helped get SB181 passed, says the legislation was a product of decades of Coloradans living with oil and gas in their communities, and seeing the effect of its pollution: the industrial waste, the bad air, the noise, and the constant low thumping vibrations that have made residents physically ill.

For years, Loflin told the Guardian, locals who were concerned about debris from abandoned sites, or the way soil at a local playground had changed color, would have to make more than a dozen calls to get answers from public officials, and still be treated with hostility.

Now her organization is seeking to remind local governments, who have also been given more power under SB181, that they have “the jurisdiction, the right, and the responsibility” to say no to new permits if health and safety is jeopardized.

But despite its legal firepower, there is no sign of rapid change within the Colorado market. At a recent meeting of the COGCC in Thornton, on an unseasonably hot autumn day, residents’ frustrations were aimed at Jeff Robbins, the director of the COGCC, who was appointed by Polis.

Since May, Robbins and the COGCC have approved 650 drilling permits and 82 location sites. Some permit applications have been delayed, but not a single one has been denied, despite the COGCC’s new mandate.

Pressed by The Guardian about whether he saw it as his job to say no to industry, Robbins said he believed it was his mission to take “a close look” at permit applications that were located close to homes.

“And that’s exactly what I’m doing,” he said. “What 181 says is that we don’t want to see all of the pending permits get a free pass. And we don’t want to see all pending permits be under a moratorium. It says we want you – director – using objective criteria to permit those that can be permitted, and potentially delay others that can’t be permitted, because they are not protected.”

When he was asked whether the climate crisis would affect the COGCC’s permit allocations under the new law, Robbins said climate could potentially be considered since SB181 required the commission to evaluate the cumulative effects of oil and gas operations on the environment.

But Robbins said he would look for “stakeholder input” for guidance. He meets once a month with environmental activists and residents, and twice a month with industry.

For residents like Connie Beach, who returned home from a vacation in November 2017 to a letter that said she would soon be living next to a 30-well mega-pad for drilling, and was told there was “nothing to do about it,” the promise of SB181 is losing its luster.

On a local Facebook group, people in her neighborhood post about favored local candidates who will fight industry. Most end up being challenged by opponents with deep pockets and ties to oil and gas.

Joe Salazar, a former Democratic state legislator and civil rights lawyer who recently became the head of Colorado Rising, is keeping his eye on a proposed fracking site called Acme, which has been described by environmental experts as one of the most problematic in the state of Colorado. Permits have not yet been approved, but if they are, the site will contain 36 wells within 500 feet of homes, and 100 feet from a small airport runway.

The COGCC recently reopened a public comment period, inviting residents to air their views before the commission makes a decision.

“This is going to be one hell of a test case,” Salazar said. “The community is fighting like hell to get the COGCC to deny that. It really is left to the whims and wishes of the director … that’s why there is so much pressure on him.”

Stephanie Kirchgaessner is the Guardian's US investigations correspondent, based in Washington DC. Twitter @skirchy.

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