The morning paper
It's the Democrat-Gazette's story, so I can understand a front-page spot for a $75,000 early retirement package for a Convention and Visitors Bureau employee who was on deck during years of sloppy financial practices. (The suggestion that there's a potential for prosecution in the penny ante acts, many of simple ignorance, is badly overstated, however.)
But never mind that. There was a fine story under a one-column headline on Page 1B that should have been on the front of the newspaper. The state's top environmental regulator concedes the obvious: the state isn't getting the job done in monitoring the widespread and growing environmental damage done by the companies exploiting the Fayetteville shale gas reserves. This is on top of the state's failure to reap even a tiny return for the removal of irreplaceable treaure in the form of a standard severance tax.
Blame Gov. Mike Beebe. Action could have been taken in the 2007 session on the severance tax, on new environmental controls, on a cleanup of the messy situation on property tax and ownership problems, among many other dilemmas presented by the gas find. Beebe declared all this off-limits because he wanted a triumphant session of tax-cutting and pork feasting. The last thing he wanted to do in his inaugural term was piss off major business lobbies. Still today, with disaster looming, you get industry-salving quotes from Beebe's chief regulator, even as she acknowledges the developing disaster.
CONWAY — State environmental regulators said Wednesday that they are struggling to keep up with an influx of drilling operations along the Fayetteville Shale and that existing regulations don’t have “teeth.”
“We know there’s a lot of drilling going on,” said Teresa Marks, director of the Arkansas Department of Environmental Quality, at a public meeting at Conway’s McGee Center to hear proposed rules for oil and gas drilling. “We wanted to be able to ensure industries we weren’t putting undue burdens on them, although we have to ensure the protection of the environment.”
Burden industry? Right. She goes on to say that state rules aimed at environmental protection are "not necessarily enforceable" and that she has 15 inspectors to police an industry digging 600 and more potentially hazardous waste pits a year, never mind water usage issues, erosion, road damage, etc.
Over the long haul, the state's admission that it can't oversee a giant industry tracking waste all over the state is a heckuva lot more important than Janet Charles' $75,000 early retirement. Seems to me.



Comments
Requiring companies extracting gas to clean up their own messes and to limit their pollution is an "undue burden?" I find it quite refreshing that our governor the Democrat, for whom so many liberals in this state pined so deeply, has installed a chief environmental regulator who employs stock right-wing phrases to describe regulations designed to protect the environment and the people of this state. For the uninitiated, "undue burden" translates to "anything that lobbyist tell us their masters don't want, regardless of its merit or necessity."
Mike Beebe is a terrible governor, and he's only been in office for eight months. Just wait until he's been around long enough to let his lobbyist buddies make most of the important state government decisions. In fact, other than pointing out that Mike Beebe is perhaps personally more acceptable than Mike Huckabee, can anyone explain how he's substantially any different? If anything, Beebe's worse because he's much more intwined with Arkansas's entrenched business and utility interests than Huckabee was. I'm a Democrat, but I would rather have a true Democrat in office than the current cronyist-in-chief.
Posted by: Gaddis
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August 17, 2007 09:22 AM
You're right, Gaddis...Beebe's way too friendly with his lobbyist buds; and he's responsible for letting our environment get raped by the gas gang (at least he could've demanded they pay for their destruction). But he's still a better choice than Asa. Perhaps one day we'll actually have a real choice.
Posted by: zelda
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August 17, 2007 09:41 AM
AMEN!, Now if we could just get Max to consider that public offical crime and abuse of funds is not "simply overstated". I wonder what would happed if any of us plead ignorance of the law as a defense to criminal charges. Especially in Judge Plegge's or Ellen's court.
ARK. BLOG: To elaborate by way of one example: It is a misdemeanor to "negligently violate" the FOI law. The violations by A&P were primarily failure to give notice of meetings where two commissioners gathered for one purpose or another. It was wrong. They understand the law now. I don't think it will happen again. The point is, I don't think this crime has been prosecuted a single time in the history of the FOI law -- prosecution for failure to send notice of a meeting. I think intention would come into play if somebody did swear out a warrant. I think the time that has passed since the violations, the change of personnel and the change of policy make this old news. Worthy of reporting, criticism and correction? Sure. Done, done and done. Belaboring it as if it's an open question still? No. The same for some of the other things cited.
Posted by: Sqwheel
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August 17, 2007 09:53 AM
ADEQ enforcement in general is extremely understaffed. Seems like collecting more fines and taxes from polluters could help fund greater enforcement. Not sure why this hasn't been done! I've heard there were less than a handful of employees statewide to go after illegal gravel miners. It is also my impression that fines are rarely collected and are too small to actually deter polluters when they are collected.
Posted by: JohnnieC
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August 17, 2007 10:08 AM
Can someone, anyone, point me to an example of an oil and gas operating company committing an environmental atrocity in the last 10 years in Arkansas with regard to reserve pits and land application of drilling mud? I'm talking about drillers and producers, not your end of line retailers with their out-of-date underground storage tanks and tipping tankers.
I ask the question of this board, because the same question asked of ADEQ recently received an answer of "we know of none".
Anyone? Bueller?
Posted by: hickintheheights
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August 17, 2007 10:23 AM
What should we expect in an era where giant oil companies can force the government of the United States to attack another country in the Middle East simply to steal their oil? These same giant oil companies jack up the price of a gallon of gas to record levels and ignore us when we scream about quarterly profits higher than any seen since Jesus was walking around.
Can anyone point to any area where Big Oil doesn't have free rein to do exactly as it pleases? We should be thankful that Exxon hasn't invented a way to turn human flesh into a petroleum product. If they ever do, so many people will come up missing that the Christians will think the Rapture has happened and they missed the boat.
I'd like to see Beebe smack Big Oil on the nose like a bad puppy, but it's not happening anywhere else in the world, why expect the Governor of the tiny pip-squeak 49th state to grow balls big enough to take on people the Mafia runs from?
Ain't no Taliban charged me double for anything. Homegrown enemies are killing us. But because most of us are used to driving to the end of our driveways to check the mail, we're powerless to stop Big Oil from becoming an even bigger monster in the future. Remember the top 2 criminals in the White House ARE oil and gas guys.
If this trend continues and Hillary is elected should there be elections next year, expect legal fees to skyrocket as her buddies in the legal profession mirror Big Oil and go for profits never before seen by the human race. Big Business is out of control and the only ones made to follow the laws are you and me. That smell you smell is your goose cooking.
Posted by: Deathbyinches
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August 17, 2007 10:27 AM
"...I'd like to see Beebe smack Big Oil on the nose like a bad puppy, but it's not happening anywhere else in the world, why expect the Governor of the tiny pip-squeak 49th state to grow balls big enough to take on people the Mafia runs from?.."
Because we have a right to expect such behavior and because 'local' is the only arena that local people have a chance of enacting change and/or stopping crap.
Hubby's uncle (Pangburn) has two drilling rigs on either side of his house/land; and he asked this question about the diesel in the water that's hauled off from those rigs (after talking with the gas people and watching the goings on): How does that water magically sit in those tankers and suddenly become fit for our environment (which is what happens)...become un-dieseled? He wasn't aware that anyone had developed the technology to 'safely' rid the water of its petroleum products. Perhaps technology has come further than I thought.
Then there's the road impact...and the rural roads around Conway are being chewed up by the gas gang...already.
Posted by: zelda
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August 17, 2007 10:54 AM
You said Severance Tax - your fate in the hereafter is now sealed. You will continue to fight the extreme heat and fire.
I thought I would come here to comment on the Fayetteville Shale Symposium at UCA on August 29; but I see that the oil and gas flunkies have jumped straight to criticizing the governor and his administration.
I remember when they went before the legislature last session (in their tattered clothing) claiming poverty and claiming that they don't suck all of the natural resources out of the state. The damage they have left in their wake (Fayetteville, Camden, Helena) is turned into pudding by the oil/gas spin-doctors.
The governor and a few legislators tried to nail the poor put upon oil/gas barons with increased taxes; but their deep pockets prevailed.
Posted by: Raven
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August 17, 2007 11:06 AM
While the waste ponds from gas drilling in the Fayetteville Shale is a fairly new industry, Arkansas has a long history of problems from similar ponds created by the oil drilling industry throughout south Arkansas. EPA estimated in 1998 that, nationwide, some two million migratory birds die each
year when they become trapped in oil and mining wastewater ponds. Pits and open tanks used to store oil and associated water are fatal attractions to migratory birds, bats and other wildlife which often cannot distinguish oil pits from pristine wetlands.
Petroleum and petroleum by-products, even those arising from drilling and exploration, are considered hazardous substances under Arkansas law (it's exempt from the federal CERCLA, or "Superfund" laws, btw) and if caught, you can get penalized up to $25,000 per day as well as bear all the costs of cleaning the stuff up.
Posted by: Up The Road
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August 17, 2007 11:08 AM
imprecatory prayer is our only hope.
Posted by: The Original Roland
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August 17, 2007 12:27 PM
"the oil and gas flunkies have jumped straight to criticizing the governor and his administration"--Raven
How is that so? If you read the excerpt from the Democrat-Gazette article posted above, it's rather clear that Teresa Marks, a part of "the governor and his administration," is running interference for "the oil and gas flunkies." If anything, the governor's administration help compose "the oil and gas flunkies" by putting those interests far in front of the interests of people who have chemicals dumped, deposited, or abandoned on and near their property.
I "jumped straight to criticizing" Governor Beebe because this sort of situation was foreseeable before he even declared his run for governor because of his overly friendly ties to lobbyists and corporate interests. I would bet you right now that his term in office will never feature a time when Beebe stood up against corporate interests in favor of the interests of people on any major issues. Sure, there might be times when those interests don't get everything they want, but they will always get most of it.
Posted by: Gaddis
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August 17, 2007 01:11 PM
Wasn't it just a couple of weeks ago Beebe addressed Governor's School attendees and said words to the effect "We've got a handle on the drilling, to ensure all environmental protections [say WHAT?!!] are being observed."
Yeah, RIGHT!!! IF he should step up on the severance issue, he will be a folk hero for all time - and watch out for the low-flying cows! I am up here in the middle of this "action" and it's wild, but it ain't pretty...
Posted by: Larry
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August 17, 2007 03:31 PM
Gaddis, could you or anyone else list the elected officials who are not friendly, overly or underly to lobbyists and corporate interests? Off the top of my head I can think of one, Jim Trimble. But it's only because he's dead.
Posted by: Deathbyinches
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August 17, 2007 03:32 PM