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The Discourse of Keeping Hydraulic Fracturing out of Legislation

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The Discourse of Keeping Hydraulic Fracturing out of Legislation 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 Hydraulic Fracturing out of natural gas industries from Clean Water Act, the Clean Air Act, the Safe Drinking Water 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 Josh Fox’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.
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