Saturday, October 26, 2013

Fracking in North Dakota: An Update

      There were three news reports during the week of October 14 emanating from the Bakken Oil fields of North Dakota.
 
     1. It was reported that the Environmental Health Section of the State Department of Health was investigating the leak of crude oil in a wheatfield in the northwestern part of the state. The pipeline company, Tesoro Corporation, first estimated the spill at 750 barrels, then increased it to 20,6000 barrels, making it one of the largest spills in North Dakota history. Tesoro, which did not share its test results with the state, said in a statement that it had inspected the pipeline two weeks before the spill and was awaiting results when the leak was reported.

     2. Landowners in North Dakota recently filed 10 class action lawsuits seeking millions of dollars in lost royalties from some of the nations’ largest oil companies. The oil companies that once rushed into the state to drill for oil do not yet have a viable method of transporting it out of the state and therefore there is no profit incentive to move the product. As a result, roughly 1,500 flare fires burn constantly above western North Dakota in which nearly 30 percent of the state’s output valued at $100 million a month is burned at the well site, producing emissions equivalent to more than two medium-size coal-fired power plants. The land owners are suing for the loss of royalties promised them by the oil companies.

     3. It was reported that North Dakota landowners had become increasingly concerned that waste from oil drilling operations was placing their croplands at risk. Oil companies in the state disposed of more than a million tons of drilling waste last year, 15 times the amount in 2006. Seven drilling landfills operate in North Dakota at this time, with 16 more under construction or seeking state approval. Most drilling waste, usually chunks of earth slathered in chemicals and petroleum, is disposed of at the drilling site. However, about a year and a half ago, the state passed a regulation requiring drillers to dry the waste before buying it on-site to address landowners’ concerns about runoff and leakage. But the companies don’t want to do that, so they have turned to landfills to dispose of the waste.

     It is well known that much of the oil in the Bakken field in North Dakota is produced by the process of horizontal hydraulic drilling, known as "fracking." Those groups that oppose fracking, such as "Ban Michigan Fracking" (of which I am a member), do not usually delight in saying "We told you so."

     These reports, however, justify an exception.

Friday, October 11, 2013

A New Constitutional Amendment

     There have been a multitude of interesting and provocative proposals to amend the United States Constitution over the past several years.  Here's another --
 
 
Amendment XXVII

1.     It shall be unlawful for any member of Congress, on a roll-call vote in either house of Congress, to cast a vote to prevent or obstruct the United States from completing the basic, non-optional requirements of funding the federal government or authorizing the borrowing required to finance the deficits created by Congress.

2.     Any member of Congress who violates Section 1 shall be deemed to have forfeited the right to serve as a member of Congress and shall be immediately terminated as a member thereof. Such terminations shall not be considered an impeachment and shall be effected solely by operation of this Amendment and shall not require any special or independent act of Congress or the President. There shall be no appeal from operation of this Amendment.

3.     Vacancies thus created in the House of Representatives and the Senate shall be filled pursuant to applicable provisions of the Constitution.* Members of Congress terminated under this Amendment shall not be eligible to run for Congress or to be appointed to any federal office for a period of six years from the date of termination.

4.     The vote of any member of Congress in violation of Section 1 shall be null and void ab initio.
 
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* By Article I, Section 2, for vacancies in the House of Representatives: "When vacancies happen in the Representation form any State, the Executive Authority thereof shall issue Writs of Election to fill such Vacancies."

By Amendment XXVII for vacancies in the Senate: "When vacancies happen in the representation of any State in the Senate, the executive authority of such State shall issue writs of election to fill such vacancies: Provided, That the legislature of any State may empower the executive thereof to make temporary appointments until the people fill the vacancies by election as the legislature may direct."