University of Hawai‘i at Hilo · Hawai‘i Community College HOHONU 2013 Vol. 11

frack. Fox explains: “the 2005 energy bill pushed The Discourse of Keeping through Congress by Dick Cheney exempts the oil and out of natural gas industries from Clean Water Act, the Clean Air Act, the Safe Act, the Superfund law, Legislation and about a dozen other environmental and Democratic Evelyn Moos, [email protected] regulations.” Cheney, who was once the head of LING 412 Gas Land Analysis, UH Hilo Halliburton, and other politicians, such as Dan Boren (former Senator (R)) from Oklahoma, are unapologetic Abstract. Hydraulic fracturing, or “fracking,” is a process regarding their confict-of-interest. Boren says in the that is potentially detrimental to the environment and documentary, “I am proud that I am supported by the oil hazardous to humans’ health. Companies that engage and gas industry.” John Hanger of the Pennsylvania EPA, in this process and politicians who stand to beneft when interviewed by Fox, justifes the EPA’s policy not from these companies’ success keep themselves free of to investigate fracking as a business decision. “I have to legal scrutiny through a number of tactics. This paper make trade-offs,” he explains when asked about fracking will explore and discuss mainly the tactics employed in affecting the health of Pennsylvania’s residents, and discourse that dismiss claims and defect responsibility endangering the public water supply. When a resident regarding the negative effects of fracking, especially those who leased her land to a natural gas company asked the presented in ’s documentary, Gas Land, and its EPA for help, she was told there is no government agency response from the natural gas industry on EnergyInDepth. to represent the needs of the public, and was advised to org (EID). “get a lawyer.” Most recently, the University of Texas commissioned a study on the effects of natural gas, and Introduction. found that claims made by the public were largely based Josh Fox’s documentary, Gas Land, explores the on media fear-mongering rather than fact. However, the environmental and health effects of hydraulic fracturing, main author of this report received $1.5 million from the the process of drilling into layers of rock to release and natural gas industry, and a review of the study revealed harness natural gas as an energy source. An article in the that the data used was “inappropriately selective,” its New York Times explains this process: results “tentative,” and that “the term ‘fact-based’ would not apply to such an analysis” (Henry 2012). The review “millions of gallons of water, chemicals and tiny goes on to say that the study “seemed to suggest that particles of sand, quartz or ceramics are pumped public concerns were without scientifc basis,” that is, into buried shale rock formations. The high- that the general public lacks the expertise or knowledge pressure liquids crack apart the rock, and the sand to make observations about what they are experiencing. holds open the fractures. This allows trapped gas The public, then, is rendered powerless to fght to fow into the well and up to the surface. Gas against these corporations, not only because they have companies add several chemicals to the fracking no assistance from the government, or because they water, including biocides to kill bacteria from deep lack scientifc training, but also because of the way underground, scale inhibitors to reduce minerals corporations acquire land rights and deal with fallout. that clog pipes and lubricants for the smooth In order to drill on private property, these companies operation of pumps and other machinery” (Gies, solicit leases from individual property owners, offering 2012). large sums of money per acre. This way, homeowners make the decision to lease their land based on their own According to EarthWorksAction.org, anywhere from individual needs and responsibilities, instead of based 20-85% of these chemicals remain in the ground. Fox on the community’s needs. The homeowner probably visits residents in several towns across the country who doesn’t know what the consequences of leasing his experience these effects, including contaminated and land to the company will be. Likewise, when residents undrinkable water supplies, neurological disorders, hair complain about contaminated water and natural gas loss and nausea, frst-hand. How do companies that leaks, the problems are addressed on an individual employ this process avoid legal recourse for poisoning basis. The company might grant the resident a monetary citizens and destroying natural resources? By employing settlement, or provide an alternative water supply, and a number of tactics, including fnancial incentives then pressure the resident to sign a non-disclosure for legislators, targeting individuals as opposed to agreement. By dealing with residents on an individual communities, and using careful language to represent basis, communities are prevented from banding together their processes, these companies have escaped the to fght the company, and as individuals, they have no responsibility of addressing the consequences of their power against large corporations. Granting the residents actions. settlements or supplying them with an alternate source In the beginning of the documentary, Fox gets to of water might be construed as admissions of fault; the heart of the controversy of why legislation regarding however, the company never explicitly states they were environmental protections, such as the Safe Drinking responsible for or even involved in contaminating the Water Act (SDWA), do not apply to companies that community’s natural resources. Instead, they portray the 49 University of Hawai‘i at Hilo · Hawai‘i Community College HOHONU 2013 Vol. 11 settlements not as reparations, but as gifts of goodwill. claims is not the same as addressing and disproving The strongest weapon these corporations have claims. to protect their processes and justify the effects of The following quote is from an article entitled fracking is the language they use. In response to Fox’s “Facts, Not Fear, Needed in Fracking Debate”: “It’s flm, the natural gas industry has created a website, understandable why some folks could be fooled into EnergyInDepth.org, to “dispel the myths” issued by the thinking hydraulic fracturing . . . is unsafe. They’re claims of independent citizens and promulgated by inundated daily with scary headlines . . .” (Legner, 2012.) the media. This website is a prime source of discourse Starting with the second sentence, “scary headlines” tactics designed to defect responsibility for the possible seems to be saying that people writing the headlines effects of fracking. These strategies include: using value hype over objective reporting. That is quite a large logical-sounding hypotheticals to refute real outcomes, generalization, without room for the possibility that discrediting claims by questioning the authority or there are published fndings or real evidence to support expertise of the claimants, equating the success of the that fracking is not safe. The frst sentence is much more natural gas industry to freedom for America, framing the offensive. First of all, the author hopes to gain the trust of problem as a business decision instead of addressing the audience by sympathizing with the people who are the issues raised, and trying to appear impartial or more confused about the effects of hydraulic fracturing. Using scientifc as a basis for denying the need of further the words “understandable,” and “folks,” she attempts to research. sound like she is “on the side of” the reader. However, with the addition of “fooled,” the sentence’s tone turns Discourse. from sympathetic to condescending. Again, the author presupposes that the public does not have the scientifc 1. Discrediting Claimants, Establishing Credibility. knowledge or the authority to make observations or conclusions about the effects of fracking. The most common discourse strategy in In order for these tactics to be effective, pro-fracking defecting the claims of the public is to discredit them discourse must also present arguments that sound by questioning the claimants’ authority or expertise. In scientifc and authoritative. One contention of the anti- the documentary, Fox attends a hearing to determine fracking side is that the legislation requiring disclosure if legislation will be added to the SDWA that would of chemicals injected into the ground does not apply to require that companies release a list of the chemicals hydraulic fracturing chemicals. The pro-fracking side, that they inject into the ground. A representative of one in response, has created a website containing a list of company says, “Press reports and websites have alleged the most frequently used chemicals, and their fracking- that 6 states have documented over 1,000 incidences of related purposes (fracfocus.com). They can feel relatively groundwater contamination resulting from the practice safe disclosing this list because most people don’t know of hydraulic fracturing. Such reports are not accurate.” what “quaternary ammonium chloride,” or other such He chooses to limit this statement to “press reports and names on the list are. A long list of big words like this websites” because he wants to imply that the claims are can make a concerned citizen feel overwhelmed and from people who have no knowledge or authority on the powerless. subject. His confdence in this tactic is such that he is Another tactic that adds scientifc authority is the willing to admit that there are numerous allegations of use of quantitative words, such as “99% of the chemicals contamination. However his statement presupposes that used in fracking are water and sand,” or “the amount those making the allegations do not have the authority of water used is only 0.5% of the demand in the state.” to legitimize these claims, but he has the authority to These statements make it sound as if quantitative analysis deem them “not accurate.” Choosing the words “not has been done, and that according to this data, the accurate” could possibly support his self-depiction of effects of the processes should be negligible. However, being scientifc and unbiased, because it seems to lack these percentages do not reveal the actual net quantity emotion or judgment, and is a phrase that we think of as of chemicals put into the ground, nor the total amount being often used in the arena of science. of water used, nor the over-time drain on the water The media, too, is discredited as being unscientifc, supply, and these data are not provided. Legner states “artsy” and fear-mongering. EID’s article “Debunking that the annual use of water is much less than that of a Gas Land” cites Josh Fox as saying, “I’m sorry, but art golf course. This comparison is compelling, except that is more important than politics.” This quote is given she intentionally refrains from mentioning that the water without context or explanation. It could be damning used in fracking creates “produced” or contaminated un- if the reader is willing to jump to the conclusion that reusable water. someone who values art more than politics is willing to A third way they attempt to gain scientifc notoriety spread mistruths for the sake of art, or that someone with is by name-dropping, as in EID’s “Hydraulic Fracturing in an artistic temperament is given to be emotional and Illinois: Myth vs. Fact” article: “there are zero confrmed less grounded in fact. The reader could make a similar cases of groundwater contamination from hydraulic judgment about politicians, however. Still, discrediting fracturing. The U.S. EPA, state regulators, and scientifc

50 University of Hawai‘i at Hilo · Hawai‘i Community College HOHONU 2013 Vol. 11 experts from MIT and Stanford (among many others) 36-year history of the law, or the 40-year history of EPA.” have all confrmed that fact.” I have not been to MIT, The author of this article uses this statement to debunk but I can also confrm the “fact” that none of these cases Fox’s fact-checking and again, to make his account look have been “confrmed,” because the EPA’s study won’t unreliable. Clearly, this tactic could backfre here, as it be released for peer review until 2014 (epa.gov). blatantly admits that hydraulic fracturing and its effects Choosing “EnergyInDepth.org” also adds a are unstudied and unregulated. This statement also scientifc-sounding, unbiased air. “Energy in depth” appeared on several pro-natural gas industry websites: suggests that the site is created by a neutral researcher “Lisa Jackson, U.S. EPA administrator, said earlier this who is extremely interested (in-depth) in studying year: ‘In no case have we made a defnitive determination energy. The .org address supports this image, as “.org” is that the fracking process has caused chemicals to enter associated with non-commercial, informative sites that groundwater.’” This quote is used over and over, and are not motivated by profts. Dot-orgs are expected to be assumes that the reader will have the presupposition that impartial sites that can be used as informative references. the EPA’s responsibility is to oversee these processes and Here is EID’s statement of purpose: “Energy In Depth (EID) make defnitive determinations. It hopes that the reader is a research, education and public outreach campaign . will make a fallacious leap in logic that if they did not . .” The chosen words are used to sound as though EID is make a defnitive determination that chemicals do enter unbiased, fact-driven and without self-interest. Scrolling groundwater, that they made a defnitive determination to the bottom of the page reveals the thirteen natural gas of the opposite conclusion. Because the public is companies that sponsor them. “understandably foolish,” this tactic might work if this statement and the admission about hydraulic fracturing 2. The Circular Argument. never being regulated never appear together.

Another linguistic tactic used is to address serious 3. Re-framing the Issue as “Good for America” (either as claims with glib hypotheticals with the intention of a “good business practice,” or as “promoting American making the claims sound illogical. For example, Hanger freedom”). says that they only provided an alternate supply of water for four houses, which he hopes will be taken to mean As mentioned above, John Hanger of the EPA that only four houses could have been affected. “If defects the issue of taking responsibility for possibly there were ten houses affected, we would provide for contaminated water supplies and health effects by ten.” His statement presumes that the EPA investigates calling the acceptance of these negatives a “business the effects and goes out of its way to resolve the issues, risk.” Kyna Legner says in favor of fracking in Illinois, “A even though the legislature does not require that the EPA recent study from IHS Global Insight projected shale gas get involved in fracking processes. In regard to Fox’s development could support more than 60,000 jobs in our documentary, a website funded by the energy industry, state by 2035, representing more than $4 billion in total EnergyInDepth.org, attempts to dismiss concerns by labor income.” While allowing the natural gas industry saying, “Of course, if such an outrageous thing were to engage in hydraulic fracturing may have short-term actually true, one assumes it wouldn’t have taken fve positive economic effects, mentioning this fact does not years and a purveyor of the avant-garde [(Josh Fox)] to address any of the health or environmental “costs” of bring it to light.” The use of if-then statements makes it this business decision. Boren, an Oklahoma politician seem as though only one outcome (the given outcome) sponsored by the oil and gas industry, says in Gas Land could possibly be the consequence of the given situation. that if we don’t look for domestic energy alternatives, Furthermore, these statements are also “begging the we will forever be dependent on foreign oil. That may question”-type fallacies, or when one “assume[s] as be true, but again, this answer intentionally ignores the evidence for their argument the very conclusion they are actual controversy. At the end of his statement, he adds attempting to prove . . . skipping over the part that’s the one single word: “Terrorism.” This is Boren’s attempt real controversy” (Wheeler, 2012). Hanger presupposes to shame nay-sayers into silencing their misgivings, on that the EPA could not fail to address six out of the ten the basis that to be anti-fracking is unpatriotic. The affected houses; however, of course it is completely Energy Policy Act of 2005 which infamously adds the within the realm of possibility that the EPA would not “Halliburton Loophole” excluding hydraulic fracturing provide anything for these people, whatever the reason. from the stipulations of the SDWA is under Subtitle B: “Set Another commonly used circular argument is that America Free” (Energy Policy Act, Title XIV, Subtitle B, fracking does not need to be regulated because it has never 2005). Taking advantage of the patriotic boom following been regulated, or that studying the effects of fracking 9/11, branding fracking as “pro-American” is both an is unnecessary because no studies have proven any of emotional ploy and a scare tactic. People want to be the hazards that have been alleged by the public. From seen as “pro-American,” and are scared to be branded as EnergyInDepth.org, “Once again, hydraulic fracturing has “un-American.” Is putting the profts of a major industry never been regulated under SDWA [Safe Drinking Water over public health really more patriotic? Or can/should Act] – not in the 60-year history of the technology, the they be dealt with as two separate issues?

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Conclusion. The natural gas industry and those who beneft from the success of the industry use logical fallacies veiled with scientifc language, hypothetical phrasing, scare- words and put-downs. The industry never uses fat-out denials or admissions of fault or guilt. In fact, in general, they refrain from actually addressing the matters put forth by the public, the media or independent researchers and scientists. So far these tactics have been powerful enough to dodge legislative or punitive consequences. The only tactic that will save their business in the long- term will be to demonstrate defnitively that hydraulic fracturing does not cause water contamination, other environmental hazards, or health problems.

Works Cited “Debunking Gas Land.” Energy In Depth. Accessed at http://www.energyindepth.org/wp-content/ uploads/2011/11/Debunking-Gasland.pdf Dec. 5, 2012. Energy Policy Act of 2005, Pub. L. no. 109-58. (2005.) Accessed at http://www1.eere.energy.gov/femp/pdfs/ epact_2005.pdf Dec. 12, 2012. “EPA’s Study of Hydraulic Fracturing and Its Potential Impact on Drinking Water Resources.” epa.gov. Accessed at http://www.epa.gov/hfstudy/ Feb. 23, 2013. Gas Land. Dir. Josh Fox. New Video Group, 2010. Film. Henry, Terrence. “Review of UT Fracking Study Finds Failure to Disclose Confict of Interest.” State Impact. Dec. 6, 2012. Accessed at stateimpact.npr. org/texas/2012/12/06/review-of-ut-fracking-study- fnds-confict-of-interest/ Accessed Dec. 12, 2012. Gies, Erica. “Race Is on to Clean Up Hydraulic Fracturing.” The New York Times, December 4, 2012. “Hydraulic Fracturing 101.” EarthWorksAction.org. Accessed at http://http://www.earthworksaction.org/ issues/detail/hydraulic_fracturing_101 Dec. 5, 2012. “Hydraulic Fracturing In Illinois Myth Versus Fact.” Energy In Depth. Accessed at http://www. energyindepth.org/wp-content/uploads//2012/12/ EID-HF-Myth-Fact-12-11-12.pdf Dec. 5, 2012. Legner, Kyna. “Facts, Not Fear, Needed in Fracking Debate.” The Southern Illinoisan, Nov. 16, 2012. Accessed at http://thesouthern.com/news/ opinion/editorial/guest/facts-not-fear-needed-in- fracking-debate/article_e8c0c624-2f85-11e2-941d- 0019bb2963f4.html Dec. 12, 2012. “What Chemicals Are Used.” FracFocus.org. Accessed at http://fracfocus.org/chemical-use/what-chemicals- are-used/ Dec. 12, 2012. Wheeler, L Kip. “Logical Fallacies Handlist.” Accessed at http://web.cn.edu/kwheeler/fallacies-list.html Dec. 12, 2012.

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