Immediately after reading about the new cervical cancer screening guidelines, which recommend delaying pap smears and having them less often, a friend sent me an e-mail reading: "I mean, should this month's headlines be summed up as, 'New medical guidelines recommend that women get a lot less healthcare than they used to?'" Indeed, this advice comes on the heels of the U.S. Preventive Services Task Force's controversial new guidelines that bump the suggested age for mammograms up to 50. The American College of Obstetricians and Gynecologists, which issued the new pap smear guidelines, says the proximity of both news items is strictly coincidental and that its new position has been in development for quite some time.
Some skepticism on women's part about these relaxed standards makes sense after years of repeatedly being pinned with pink ribbons, lectured about the importance of yearly paps and hit over the head with pamphlets about the lifesaving HPV vaccine. That's especially true for those of us who know women -- some in their 20s and 30s -- with breast or cervical cancer. As my friend wrote, it feels a bit like the overarching message is: "Chill out, chicks! It's just cancer!" Yeah, and it'll just kill you!
That these new guidelines come amid a contentious healthcare debate has also raised paranoia that this is part of an effort to lower healthcare costs -- at the expense of women's health. The impossible-to-avoid Sarah Palin took to Facebook late Thursday to air her worries about this shift in the wisdom about pap smears: "There are many questions unanswered for me, but one which immediately comes to mind is whether costs have anything to do with these recommendations," she wrote. "The current health care debate elicits great concern because of its introduction of socialized medicine in America and the inevitable rationed care." Many other Republicans have jumped on the "rationing" bandwagon as well. (Yeah, now they care about women's healthcare!) Judy Norsigian, executive director of the Boston Women's Health Book Collective (aka Our Bodies Ourselves), told me that "we have a discourse at the moment that is dominated by right-wing rhetoric that the Democrats are all about denying healthcare services."
The truth is that Kathleen Sebelius, secretary of health and human services, insists that the breast cancer screening guidelines will not change "what services are covered by the federal government." (Also, insurance companies claim they won't change mammogram coverage and, as David Dayen points out on FireDogLake, "the procedure is mandated at [age 40] in 49 of the 50 states.") The Obama administration has yet to address the new standards for cervical cancer screening -- but medical opinion on the benefits and risks of pap smears is far less contentious than when it comes to the mammogram debate (which has been going on for decades).
Cindy Pearson, executive director of the National Women's Health Network, an independent consumer-advocacy group, told me that the suggested pap smear routine "is not at all about cost-cutting," but instead "improving women's health." Most women's bodies are able to fight off the virus that causes cervical cancer -- but, when a doctor does detect infection through a test for the virus or the appearance of "disturbed cells" on the surface of the cervix, they typically provide treatment that very well might be unnecessary. This isn't just an issue of experiencing bothersome "cramping, discomfort and missing some work" after having the abnormal cells removed, she says -- "what's actually happening is it's weakening the cervix in some women so that they can't support a pregnancy full-term."
My question for her was why doctors haven't instead adjusted their response to the discovery of the virus' presence -- was it in the interest of avoiding malpractice suits? She explained that the medical community operates under the mantra of "if you see it, you treat it." Essentially, the new cervical cancer screening guidelines reduce the likelihood of a doctor seeing it, so as to avoid their treating something likely to clear up on it's own. "Sometimes there are cases when you say, 'Watch and wait,'" she says, "but almost no one does it."
It just goes to show that you have to be your own advocate when it comes to navigating the healthcare system. As Mary Elizabeth Williams wrote earlier this week about the new mammogram standards, "What’s optional for one woman may be the difference between life and death for another." She also added that "blanket guidelines are just that -- they're fine for covering the many, and they are not laws we have to follow." A woman and her doctor still have to take into account her individual history and particular risk factors. That has always been the case and continues to be so. As Norsigian from Our Bodies Ourselves said: "You give women the scientific evidence and let them make their own choices."
On Wednesday, Broadsheet's Mary Elizabeth Williams laid out some good reasons to be skeptical of The U.S. Preventive Services Task Force's new guidelines for breast cancer screening, which suggest mammograms every two years for women 50-74, as opposed to every year for women over 40. Although "the report does make a persuasive case that not all cancers are life-threatening, and that 'over detection' and 'over treatment' pose their own -- often considerable -- health risks," Williams says, "What's optional for one woman may be the difference between life and death for another." And sometimes, says Ashton Lattimore at NewsOne, race will be the factor that determines which woman is which. "Perhaps even more than others, one group has particular cause to be wary [of the new guidelines]: Black women."
Black women, writes Lattimore, "have the highest breast cancer death rate of any race, are at increased risk for developing the diseases at younger ages, and are disproportionately prone to an extremely aggressive form of breast cancer" known as "triple negative," which can move fast enough to progress beyond stage 1 in between annual screenings, let alone biannual ones. Additionally, African-American women "already receive fewer mammograms than white women," are more likely to be diagnosed at later stages and less likely to receive the appropriate follow-up care. Moreover, "the U.S. Department of Health reports that Black women ages 35 to 44 have a breast cancer death rate more than twice that of white women in the same age group."
According to Marisa Weiss, M.D., director of Breast Radiation Oncology and director of Breast Health Outreach at Pennsylvania's Lankenau Hospital, delaying screening until age 50 and extending the length of time between mammograms "could have a devastating effect on African-American women." Alexine Clement Jackson, writing in Essence, agrees. "As a breast cancer survivor myself, and chairman of the [Susan G. Komen for the Cure] Board of Directors, I urge all women, but especially African-American women under 50, to pay attention to their breast health."
Fortunately, Secretary of Health and Human Services Kathleen Sebelius has stated that Medicare will continue to cover breast cancer screening according to the old guidelines, and she "would be very surprised if any private insurance company changed its mammography coverage decisions as a result of this action." (That makes one of us.) The New York Times reports that in a statement, Sebelius "stressed that the task force 'is an outside independent panel of doctors and scientists who make recommendations' and who neither 'set federal policy' nor 'determine what services are covered by the federal government.'" That's good. What would be even better is if doctors and scientists -- and the journalists who report on their findings -- kept in mind that public health recommendations for women need to take more than just white women into account.
On a beautiful June Saturday last year, my friend, neighbor and comrade in motherhood Martha died of breast cancer at age 45. Summer dissolved into fall, and when our community returned in September, I noticed another friend, her head swaddled in a scarf, in the schoolyard. She was in her mid-40s, and in the midst of chemo for breast cancer. (And thankfully, she’s currently doing great.)
But my friends aren’t the only reason that I’m skeptical of the new U.S. Department of Health and Human Services guidelines that have raised the suggested age to start getting mammograms to 50. The recommendations, which went off like a bombshell earlier this week, not only up the screening age by a full decade, they go on to suggest mammograms only every two years for women 50-74, and to discourage self-exams, which have never been conclusively linked to mortality prevention.
Why the sudden change? The report, the department’s first in seven years, notes the high prevalence of false positives for mammograms, “which can cause anxiety and lead to additional imaging studies and invasive procedures (such as biopsy or fine-needle aspiration).” Frankly, given the choice between “anxiety” or not living to see my children grow up, I’d go for the first one. But the report does make a persuasive case that not all cancers are life-threatening, and that “over detection” and “over treatment” pose their own -- often considerable -- health risks. And at the heart of the new guidelines, which are similar to those from the World Health Organization, is the sobering fact that detection is not the same as curing anything.
The American Cancer Society promptly shot back that it’s sticking by its recommended guidelines to start mammograms at age 40, noting that “Our experts make this recommendation having reviewed virtually all the same data reviewed by the USPSTF, but also additional data that the USPSTF did not consider.” The American College of Radiology went even further, saying that the “cost-cutting” recommendations “will result in countless unnecessary breast cancer deaths each year.” Noting the steep decline in breast cancer rates in the last three decades, the ACR said that “At least forty percent of the patient years of life saved by mammographic screening are of women aged forty-49.” And Florida Rep. Debbie Wasserman Schultz, who detected who own breast cancer via self exam at age 41, lambasted the guidelines as “totally inappropriate.”
Yet there’s plenty in the new guidelines worth considering. The radiation from regular mammography poses a health risk of its own. And loathsome as the American College of Radiology may find the phrase “cost-cutting,” the truth is that mammograms are expensive. Want a potentially better healthcare system for everybody? Then we need to reconsider what’s necessary and what’s optional.
But what’s optional for one woman may be the difference between life and death for another. The U.S. National Institute of Health itself estimates that a woman aged 30-39 has a 1 in 233 chance of being diagnosed with breast cancer. For women 40-49, those odds leap to 1 in 69.
A birthday isn’t an automatic excuse for anything other than cake. I didn’t run out and get me a big old burst of breast-centric radiation the day I turned 40 (I must have been getting one of those abortions of which we feminists are so very fond), any more than I’m going to shrug my shoulders and figure I can worry about cancer when I hit the magic half-century mark.
I’m a healthy woman under the age of 50. There’s no history of breast cancer in my family. And I wouldn’t mind blowing off those cold, painful dates with the machines that squeezed me so hard I cried at my last appointment.
But not so fast. I grew up in New Jersey, which has one of the highest breast cancer rates in the country. I started menstruating young. I smoked. I had my first child in my mid-30s. All of which are risk factors. And, as I’ve learned from the mammograms I did start at age 41, I have dense breast tissue, which means that not only do I run an elevated chance of developing breast cancer, it could be harder to detect if I do get it.
I’m no believer in the word “routine,” whether applied to getting a procedure or skipping it. Healthcare is about active self-advocacy and not being shy about speaking up. Every woman with an opinion about breast cancer has to figure out her own risks -- and share them with her doctors. I’m not my age. I’m not my breasts. I’m not the 10:15 appointment being hustled out the door before the 10:20 appointment. Blanket guidelines are just that -- they're fine for covering the many, and they are not laws we have to follow. They don’t mean much to my little neighbor who lost her mother the day after she finished kindergarten. And they’re no substitute for the individual care the rest of us who plan on making it to 50 need and deserve.
What came between Jessie and her boyfriend of seven years was nipples. Or rather, the lack thereof.
Jessie (a pseudonym -- while she wouldn’t mind using her real name, her ex would be mortified, she says) is a 31-year-old schoolteacher from New York who underwent a preventive bilateral mastectomy two years ago. For her, the decision was simple.
She had six maternal relatives who’d had breast cancer, prior to menopause in all but one case. Her own mother had been diagnosed at 26 and was dead by age 30. When Jessie herself tested positive for BRCA1 (a gene mutation that raised her chance of developing breast cancer to 60 percent, as opposed to 12.5 percent for women in the general population) her immediate response was, Why wait to get sick?
Then she looked at her partner’s face and saw panic. So she put the procedure off … for a while.
Finally, though, she decided she couldn’t live with the odds any longer. She scheduled the mastectomy, along with plastic surgery to get implants. After discussing it with her doctor, Jessie opted against saving her nipples -- an option some women choose even though it carries a small risk.
In a so-called nipple-sparing procedure, surgeons would have carved out the breast tissue under and around while leaving the nipple and areola of each attached. Because nerves would be cut during the surgery, there’s little chance of actual nipple sensation. And in some cases, diminished blood supply causes the nipple to shrivel and become deformed over time. Of greater concern to Jessie and her surgeon: There’s a small chance that breast cancer lurks or will grow in the nipple itself.
“My attitude was, if I’m going to do this, I’m going to do it right,” she says.
But her boyfriend disagreed. He was angry and felt she hadn’t taken his feelings into account. He grew increasingly uncomfortable and remote throughout the procedure: double mastectomy, reconstruction of the breasts using cadaver tissue, and a messy, gory aftermath involving lymphatic drains.
At the time, Jessie was entirely focused on her own body and its recovery. She didn’t want to die. And how, exactly, was she supposed to negotiate this decision with her lover when no expert she consulted ever mentioned sex?
Looking back, she says she wishes she had handled it differently. Her boyfriend really tried. He stayed. He helped her to the bathroom and brought her Vicodin at 4 a.m.
“If I could talk to women, I’d tell them do not let your man drain you,” Jessie says, referring to the process of emptying and measuring the bloody lymphatic fluid siphoned off by her surgical drains. “That whole area is just a mess. I think my partner couldn’t deal with the act of being a caregiver. And a lot is written about the women’s side of it, but I don’t think men get due credit for what it does to him.”
Jessie’s new breasts, for instance. They looked great under clothing, but artificial -- smooth but for scars running like lightning along the surface of the skin -- and her partner didn’t want to touch them. Or her.
The couple tried counseling, but Jessie’s boyfriend was reluctant to share his true feelings. He admitted that he felt guilty, yet he couldn’t help being totally turned off. For her part, Jessie was just as capable of orgasm and inclined to be as sexual as before. And she’d developed new hot spots to make up for the ones that were gone: Her cleavage and the region under her collarbone suddenly had become erogenous. She asked her boyfriend to kiss her there when they made love. But he couldn’t do it. There was something too disturbing about her nipple-less breasts.
“I will never forget turning around in the kitchen one night,” says Jessie. “I was doing dishes and I slammed them down and was crying and said, ‘Honey, these things may be plastic, but the rest of me is not. I need you to start touching me again.’”
A few months later, they broke up.
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The chance that a man will be diagnosed with prostate cancer in his lifetime is 17 percent -- roughly 4.5 percent greater than a woman's risk of getting breast cancer. One could argue that there is inequality in the way society treats the sexes when it comes to cancer: Do we celebrate prostate cancer awareness month? Stage walks for prostate cancer research? Wear purple ribbons?
No, although that may have much to do with other statistics as well: The survival rate with early detection and good quality treatment is nearly 100 percent for prostate cancer, while the cumulative rate for breast cancer is about 90 percent. According to the National Cancer Institute, the average death from breast cancer occurs at 68, while the median age for death from prostate cancer is 80. All of which means that an increasing number of young women, even famous ones, are opting for genetic testing and preventive mastectomies. (Anyone wanting to learn more about preventive surgeries should go to the Bright Pink website.)
And in terms of medical strategies to cope with the sexual aftereffects of cancer treatment, men are literally decades ahead of women. Surgeons long ago developed nerve-sparing procedures and radioactive seed therapies to reduce the risk of impotence. For men who do have difficulty getting erect after undergoing prostatectomies, doctors respond with therapies, drugs, mechanical devices and support groups.
For women, virtually none of this exists.
“It’s sexism, ageism, paternalism,” says Dr. Michael Krychman, medical director of the Southern California Center for Sexual Health and Survivorship. “Sexual health is the No. 1 quality-of-health complaint women have after breast cancer treatment. Men are studs -- we’ll talk to them about sex. But we still have the attitude that a woman who survives should forget about all that and be grateful she’s still alive.”
I've seen this imbalance play out among people I know.
About a year ago, I had lunch with a much older male colleague whom I’d always thought to be genteel and discreet. After we ordered, he confided that he’d recently been treated for prostate cancer. I said I was sorry. Our salads arrived. And he began to talk.
For the next hour, I heard about penis pumps and Viagra. He told me his urologist had given him orders to masturbate at least once a day — twice, if possible. Then he described how odd it was to have an orgasm without ejaculation. Excising the prostate eliminated semen, he explained. But he was learning that even without the thick spray he was used to, coming could still feel good.
Later, the man phoned me to apologize. He’d been terribly inappropriate, he said. But I had to understand: From the moment his cancer was diagnosed, healthcare professionals had been talking to him nonstop about sex.
A few weeks later my friend Becky was diagnosed with a hormone-receptive breast tumor. She was in her late 40s -- an outspoken woman working in a male-dominated field. The oncologist told Becky she’d need a sizable lumpectomy, chemotherapy, radiation and treatment with Tamoxifen, a combination that often triggers immediate menopause in women over 40.
"Could any of this affect you sexually?" I asked, flashing back to the conversation with my 70-year-old colleague. "Will you lose sensation? Will your libido drop as a result of the drugs?"
Becky had no idea. No one had talked to her about any of this. The one time she’d asked a sexual question of her surgeon -- about whether she could leave intact the nerve endings leading to her nipple -- the woman shrugged, telling Becky she would do what was necessary to eliminate the cancer. Period.
“We find there is a real difference in the way physicians treat the genders,” confirms Dr. Dixie Mills, medical director for the Dr. Susan Love Research Foundation, one of the nation’s leading nonprofit organizations devoted to the study of breast cancer and women’s health. “Maybe it goes back to unconscious, ingrained stereotypes. A lot of male doctors won’t talk to their mothers about sexuality, but they’ll talk to their fathers. So they’ll talk to their male patients but not their female patients. Yet we’ve found even some women doctors aren’t comfortable talking to their female patients about sex.”
This is particularly true, it seems, when the topic is nipples. Virtually none of the literature or education around the topic of breast cancer covers the sudden disappearance of erotic sensation in the breast. There is no attempt, as there is in a prostatectomy, to preserve the nerves. Modern mastectomy simply hacks off the offending tissue and creates a blank area where there once was tingling current.
“It’s a really huge loss sexually, and also in ways you don’t anticipate,” says Meg, a 35-year-old Ohio woman who, like Jessie, underwent a preventive double mastectomy. “For instance, I have no warning when I’m going to get my period. I used to know exactly because my breasts would get sore. For the first couple months after the surgery, I’d be just floored every month.”
Even less-invasive lumpectomies often damage the nerves so nipple stimulation is no longer helpful in achieving orgasm. My friend Becky, who had her surgery in early January, now reports her left breast and armpit are entirely "dead."
“This happens mostly when the incision is near the nipple,” Mills says. “But rather than talking about this with their patients or cutting into a different area, surgeons just go ahead and consider it necessary. Everyone is so focused on getting the cancer out that sexual issues fall to the bottom.”
One organization is trying to correct that. The Young Survival Coalition, a New York-based nonprofit that supports women under 40 who have been diagnosed with breast cancer, runs seminars and support groups whose focus is on relationships and sexuality. And the offerings have become so popular that older women are asking to join the organization.
”We have sex therapists and counselors who can help them deal with things like vaginal dryness -- which occurs in most women after chemotherapy,” says Stacy Lewis, vice-president of programming for the Young Survival Coalition. “For a lot of women, we find it’s simply pain that’s preventing them from having sex.”
In fact, both chemotherapy and many of the drugs used to treat hormone-receptive breast tumors can cause the abrupt onset of menopausal symptoms: hot flashes, mood swings, loss of libido, and vaginal dryness, which leads to painful intercourse. But women at risk for reproductive cancers -- particularly young women -- cannot use many of the fixes available to the general population, such as HRT (hormone replacement therapy) or topical hormone creams.
There is a non-hormonal drug for female sexual dysfunction in Stage 3 FDA clinical trials. But it could be years before it’s brought to market; at this point, there is no effective Viagra-style therapy for women. Nor have any of the dozen or so women I interviewed been advised by their doctors to masturbate in order to increase blood flow to the area -- though it makes sense it might help. Only KY seems to be sensing the growing need for solutions, with its ever-expanding line of female-targeted lubricants.
The only real medical advances for women have been made in the area of cosmetic surgery -- making the areas look more normal and functional even if they’re completely numb. Still, design options are far from perfect.
The fake nipples offered to Jessie were perpetually hard and looked terrible under clothing. “I couldn’t see putting a pair of Tic-Tacs on top of these perfectly formed new breasts,” she says.
Despite a modicum of risk, Meg elected to have areola-sparing surgery -- meaning the dark, round circles from around her own nipples were retained and reapplied -- because her plastic surgeon said it would create a “visual cue.” Breasts without nipples or areolae are like faces without eyebrows. They disconcert, making viewers subconsciously uncomfortable.
A sexual partner -- even a devoted husband -- might respond negatively on a visceral level, without really understanding why.
In a voluntary study of 300 women, conducted by the Young Survival Coalition, 49 percent said their breast cancer experience reinforced or strengthened an existing romantic relationship.
Happily, this was the outcome for Meg, whose marriage thrived as she recovered from surgery. Her husband attended every one of her doctor appointments, met her as she came out of the operating room, and had dozens of flowers waiting for her upon her return home. In the year since her surgery, Meg found she prefers to wear lacy camisoles during sex, but this is because her breasts no long feel erotic to her. It is not because she feels the need to hide them from her partner.
“My husband was there for me across the board,” she says. “He was 100 percent loving and accommodating and has never indicated any dissatisfaction with my body. I am keenly aware of how fortunate I am in terms of the person I’m with. The story of having a guy who just can’t deal is not atypical. I know so many women who’ve had that experience, and my heart goes out to them.”
But of those breast cancer patients who’ve remained married or coupled, Mills says anecdotal evidence collected by the Dr. Susan Love Research Foundation indicates many of them are simply living without satisfying -- or any -- sex.
“We hear a lot of women say it just isn’t important to them anymore,” says Mills. “But we hear other women say their marriage is suffering, or they’re in a bad relationship but terrified of separating from their current partner because that means they’ll have to get out there and date.”
And what about those women who happen to be single already? In addition to the physical changes -- the lack of nerve endings and nipples, the vaginal dryness, the low libido -- there’s the sometimes crippling issue of body image. Men are notoriously visual creatures. Jessie is acutely aware of this.
“It's really hard to seek out new partners because, to me at least, there's a certain spontaneity lost in the heat of the moment,” she says. “I mean, you're making out and all of the sudden you have to say, ‘Oh, by the way, don't want to surprise you, but I don't have any nipples.’ Talk about a mood killer! You just cross your fingers and pray you have a nice moment at dinner when the topic gets brought up so you can 'warn him' ahead of time.”
She pauses, then goes on. “But if you don’t, there’s this black cloud following you around while you're talking about music, food and politics … When will I tell him? And how will he react?”
You've seen this ad a million times before: There's a massive pool party going on, but one poor, timid dude is floating, alone and forlorn, on an inflatable raft. Suddenly, a bikini-clad hot chick makes a grand entrance, her ample breasts jiggling with every step she takes. Everyone -- men, women, a perplexing group of guys in sailor costumes who seem to fit a particularly offensive gay stereotype -- pause, mid-conversation, to gawk as she passes. The words "You know you like them" flash across the screen. Finally, the girl stops in front of the lonely guy, leans over, and shakes her boobs in his general direction. "Now," we learn, "it's time to save them."
That's when we realize that this isn't a Budweiser commercial, after all. It's a PSA called "Save the Boobs" (posted below) for Canada's Rethink Breast Cancer charity. The clip ends with the words, "Breast cancer is the leading cause of cancer death in young women ages 20-49" and then a quick, wet T-shirt contest-inspired shot advertising an event called "Boobyball."
"The goal is to get men to care about breast cancer," says Alina Cho at CNN (video) of the ad, before confidently editorializing: "This certainly will be effective in that realm." She reports that Rethink Breast Cancer's founder hopes the ad will reach younger men. "Young people," she says, "are picking up pamphlets with a 65-year-old woman on them, probably tossing them out." (Because, hey, no one gives a shit when some old hag gets cancer, am I right?) "She says this is a bold and fun way to communicate the message that will 'stop them in their tracks.'" According to Cho, the group's founder believes the PSA will encourage men to help their wives and girlfriends check for breast cancer -- despite the fact that the ad never includes such a suggestion, even though it would have been easy to build in. ("Like boobs? Why not spend more time touching them? Help your girlfriend check for breast cancer.")
But what really bothers me about the PSA, aside from the obvious -- how problematic it is to sexualize cancer, the implication that only hot girls with nice racks are worth caring about -- is its cynicism toward young men. Does Rethink Breast Cancer really believe that the only way to make guys care is to slap together a sexy ad with a boobs-to-information ratio that's downright offensive? Is it impossible to believe that men's interest in breast cancer research might go beyond the selfish desire to "Save the boobs"? I'm all for reaching out to get as many people involved in the fight against breast cancer as possible. I just don't think insulting men's intelligence is the way to do it.
Under intense lobbying pressure and after a personal request from Colorado's Democratic governor, members of Congress who've been pushing a bill to regulate a controversial natural-gas drilling process are now calling for further scientific study, a change in tack that means the bill is unlikely to pass any time soon.
The process, known as hydraulic fracturing, or "fracking" for short, involves the injection of a mix of water, sand and chemicals into gas wells to break up rock and ease the gas to the surface. Environmental groups have long said that fracking -- especially common in the mountain West -- causes chemicals to leach into drinking water, and exposes people living nearby to health risks. But Rep. Diana DeGette, D-Colo., and Rep. Maurice Hinchey, D-N.Y., two of the sponsors of the FRAC Act, a House bill that would establish federal environmental controls over the process of hydraulic fracturing, are now calling for committee hearings and renewed research into the environmental impacts of the drilling method. Last month Hinchey attached a provision to the House Appropriations bill authorizing funding for such a study.
In an interview last week, Hinchey told ProPublica he is not backing off the bill, and that he is concerned about new reports of water contamination from drilling and thinks a study could bring those incidents to the forefront of the debate.
"What we want to do is make it clear what is going on," Hinchey said. "The appropriations bill is an incremental step. It will continue to focus attention on this."
Asked whether the FRAC Act is losing momentum, Hinchey pointed out that the bill now has 13 sponsors, 10 more than it had in June. But he acknowledged that the energy industry's opposition to the bill has swayed some members of Congress. "It's not moving forward with the rapidity that I would like to see it move forward," he said.
That may be in part because of the difficulties of bringing diverse perspectives together on energy and economic issues, even within the Democratic Party.
In a speech Thursday before the Colorado Oil and Gas Association, a prominent industry trade group, Colorado's Democratic Gov. Bill Ritter assured the group of his support for the natural gas businesses and said he had asked DeGette not to pursue the legislation.
"I encouraged Congresswoman DeGette to consider authorizing a comprehensive study of this issue instead of going directly to a new and potentially intrusive regulatory program," the governor said. "She agreed at that time to go instead to something that would be more in the way of a study instead of an amendment that would prescribe a certain way of every state having to put in place these rules. I thank the congresswoman for having done that."
DeGette, who has been trying to pass fracturing legislation since 2005, confirmed through a spokesman that she and the governor had spoken sometime last month, but said that she had not agreed to abandon the legislation.
"She understands [Ritter's] concerns," said DeGette spokesman Kristofer Eisenla, "but all options remain on the table. She is moving forward with a potential hearing, and with a study which she would welcome the industry to be a part of."
In an earlier interview, Eisenla said that the information campaign undertaken by the bill's opponents had surprised legislators and slowed their progress.
"The oil and gas guys came out of the barnstorming," he said. "I think that opposition has been throwing out scare tactics and mischaracterizations of what she is trying to do."
At least five reports have been issued since January arguing that the proposed legislation -- which would give the Environmental Protection Agency authority to investigate fracturing accidents and to dictate how the process is done -- would hamper exploration, raise fuel prices, and cost Americans jobs and energy.
The industry maintains that state regulations already sufficiently protect drinking water from hydraulic fracturing. In Thursday's speech Ritter touted Colorado's new rules as a success and in a follow-up news release the industry underscored Ritter's statement as testimony to a shining example. What neither mentioned at the time: The Colorado Oil and Gas Association is suing Colorado to block those rules.
The reports supporting the industry's arguments were examined in a recent article by ProPublica, which found that the economic assessments were exaggerated and based in part on 10-year-old data. Three of the reports were paid for by the Department of Energy, but produced by consulting firms that also work for the oil and gas industry. One of the DOE reports was written by the same person who produced a study for the Independent Petroleum Association of America -- and bore a nearly identical cover.
The oil and gas industry has spent millions of dollars lobbying against fracturing regulation over the last two years. In May it launched a Web site that disputes criticism of the industry and argues against regulation.
As a result, Eisenla said, the true content of the FRAC Act and its implications for the oil and gas industry have become muddled in a thicket of rhetoric and misleading data.
The FRAC Act proposes to remove an exemption that was written into the Safe Drinking Water Act (SDWA) in 2005 that says hydraulic fracturing is not subject to regulation. It would also require drilling companies to disclose the names of the chemicals they pump underground, information that is currently a protected trade secret. If the act is passed, hydraulic fracturing would be governed by the portion of the SDWA that controls what is injected into underground wells and how it is done.
Officials with the Environmental Protection Agency in Washington have said that the exemption for fracturing is unique, and that the oil and gas industry is the only industry to be exempted from oversight under one of the nation's landmark laws to protect drinking water.
But representatives of the energy industry maintain that the Safe Drinking Water Act didn't explicitly apply to hydraulic fracturing until 2001, when the 11th Circuit Court of Appeals forced the EPA to oversee the process in Alabama. At the time the EPA wasn't using the SDWA rules to monitor hydraulic fracturing, then an emerging technology. Thus, industry spokespeople say, the 2005 legislation wasn't an exemption as much as a clarification of the law.
Whether the EPA applied the SDWA to fracturing or not, prior to 2005 it had the authority to do so, according to the agency's former water director, Benjamin Grumbles. Now it does not.
Industry analysts, including at the American Petroleum Institute, maintain that in hydraulic fracturing drilling fluids aren't disposed of underground, so the process shouldn't be subject to Safe Drinking Water Act regulations about injection disposal. But these industry sources also acknowledge that 30 to 70 percent of fracturing fluids can be left underground after the process is completed, and that hydraulic fracturing with chemicals is far more prevalent today than when the Safe Drinking Water Act was written or when courts were examining the issue in Alabama.
The language of the SDWA explicitly gives states authority to enforce the law as long as they meet basic federal criteria. So if federal authority is restored, state regulations would be superseded only if the EPA deemed them insufficient.
The proposed bill would not ban hydraulic fracturing. Nor does the bill, or the Safe Drinking Water Act, require the expensive processes that one industry report said it does.
"Because there has never been any federal regulation of hydraulic fracturing, we have to make some assumptions based on what could be done," said Lee Fuller, vice-president of government relations at the Independent Petroleum Association of America. "It's an educated guess based on what the history of regulation has been and the kinds of requirements they would plausibly think that the EPA might require."
Several industry representatives have told ProPublica that what is really driving their opposition to the FRAC Act is their worst fear: that if EPA authority is restored, a suite of lawsuits from environmental organizations will follow, forcing the agency to institute tougher regulations -- possibly even creating a new class of laws for fracturing -- and grinding business to a halt while the issues play out in court.