EPA to citizens: Frack you

Congress' enactment of the energy-policy bill last summer gave Amos, Haire and their neighbors even less protection. Following the EPA's recommendation, Congress amended the Safe Drinking Water Act so that gas companies can hydraulically fracture without any regulation or oversight by the EPA. That means that the toxic components of fracking fluids aren't reported to any regulatory authority or to the public. There is no monitoring of the process; the public's only assurance that companies aren't contaminating their water or air will come from industry.

Congress concluded from a 2004 EPA study that the industry exemption would pose no threat to underground sources of drinking water. Agency engineer Wilson described the report as "scientifically unsound," "contrary to the purposes of the law," and "unsupportable," in a letter written to a House member and the two senators from Colorado. The EPA determined fracking was safe after a survey of state oil and gas commissions, which all reported they had never found a definitive example of fracking's effect on human health -- even though none of the agencies had ever directly studied the connection.

"Absence of proof is not proof of absence -- that's not good science," says Geoffrey Thyne, a geology professor at the Colorado School of Mines, based in Golden. As Garfield County's geological expert, he speaks in steadied tones. "There's a real dearth of baseline information. I don't think any fracking expert would tell you that we are 100 percent sure where the fractures go. No one has studied how often there are lateral leaks into nearby aquifers. People out here kind of figure that the government is looking out for them, and if there was a real problem, some expert would come forward and say so. Unfortunately, because no one's studying this, it might be a while."

The outlook for any policy that would offer local citizens peace of mind is about as hopeful as a forecast of drought in the high country. While Amos and Haire plan to file lawsuits against the gas companies they blame for their illnesses, proving such cases is tremendously difficult without basic studies that prove a connection between gas emissions and disease, explains lawyer Astrella. A compact bulldog of a man, Astrella's wide windowed office looks out on downtown Denver.

"Really, there's just not enough data, so it's been a real uphill battle to show a causal connection," he says. "If EPA had baseline data, that would make a huge difference. It's easier to recover damages for damaged property than to recover for sick people. It's a travesty."

Even so, he says, the courts are a citizen's best hope, since they're reasonably free of political influence. "The energy lobby is just so strong," he says. "They have so much money and they're horribly well organized."

Indeed. In the past three election cycles, gas companies gave federal Republican political candidates more than $60.3 million and federal Democratic candidates about $14.6 million. Approximately 50 of the Bush campaign's premier fundraisers are energy executives. Nearly 60 percent of the top contributors hold leases on Western public lands, according to a 2004 report by the Environmental Working Group. This political clout was obvious in last year's energy bill, says Astrella, as it didn't include any protections for landowners.

"To get a feel for the extent of the bowing and scraping the industry enjoys in the nation's Capitol, the oil and gas industry received massive public subsidies in the 2005 energy bill they didn't even ask for," says Sen. Ron Wyden (D-Ore.), the only member of the conference committee who voted against the bill, in part because of the massive public subsidies for industry. "The president said last year that with the price of oil at $55 per barrel, the industry didn't need incentives to explore, but Congress shoveled new tax breaks and royalty relief to them anyway. "

Under this climate, staffers at the EPA report that they're unable to do their job of protecting human health and the environment. "People are being penalized just for asking questions," says an EPA staffer who spoke on a condition of anonymity. "I've heard a bunch of people say they're keeping their heads down and basically focusing on their kids or personal interests and trying to keep their jobs. There doesn't seem to be attention whatsoever to health and the environment. They're ignoring all of their own standards and regulations left and right. It's just about corporate power to get the gas out."

In the meantime, some residents of Garfield County continue to live in fear of what awaits them from the chemicals they may have ingested. "I've read the studies. I know what could happen," says Haire, as she shakes her head and looks at the floor. She's been trying to sell her property in Colorado and says she can't stand waiting anymore. She's rented a house near Tombstone, Ariz., and plans to move there within the month. "Man, it makes me mad," she says. "I would ask the people in charge, how do they sleep at night, knowing that people out here are sick and dying? If they think this is such a safe environment, would they dare come live in my house? If you think your government protects you, you're wrong. Government protects the dollar and the people who have all the dollars. It doesn't protect regular people."

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