Summer Update 2012 currents oil and gas drilling and fracking threaten water & health Drilling and fracking are marching across the Front Range of Colorado, into suburban neighborhoods beside homes, schools, and playgrounds. Local environmental groups like Clean Water Action are being inundated with requests from residents to help protect their homes and families. Drilling and fracking for oil and gas can have serious impacts, including:

➤➤ Water and air quality degradation

➤➤ Decreased property values and impacts to mortgages

➤➤ Wildlife habitat and natural area degradation

➤➤ Degradation of river flows and our limited water resources Organizers from Clean Water Action and other coalition organizations ➤➤ Increases in noise levels and truck traffic near drilling areas on the steps of the Capital in welcoming Colorado Congressmen Tipton, Gardner, Lamborn, and Coffman for their field hearing in the ➤➤ Potentially causing earthquakes Natural Resource Committee on federal fracking regulations.

Clean Water Action is organizing in communities across the anything but funny. Clean Water Action does not support this Front Range to educate residents about the negative impacts kind of public-lands giveaway legislation. However, it is not of drilling and fracking and encouraging people to take hard to see why these Representatives would sponsor such action. Drilling and fracking is on the tip of everyone’s tongue Big Oil and gas friendly legislation: and has seen significant attention at the local, state, and ➤➤ H.R. 4382, sponsored by Rep. has received federal levels. $164,800 in oil and gas contributions. U.S. Representatives Mike Coffman (CO-6), ➤➤ H.R. 4381, sponsored by Rep. Scott Tipton has received (CO-3), and (CO-5) have sponsored a trio $104,600 in oil and gas contributions. of bad bills in Congress that would fast-track leasing and permitting for drilling and fracking on public lands. Envi- ➤➤ H.R. 4383, sponsored by Rep. Doug Lamborn has received ronmental groups call these the “3 Stooges” bills but they are $137,962 in oil and gas contributions. Continued on page 3

CELEBRATING 40 YEARS OF inside: . Letter from the Program Director, p. 2 . Legislative Roundup, p. 4 . Holding Congress Accountable, p. 4 . Save the Colorado, p. 5 . Coal Ash, p. 6 . Frack Tracks, p. 7 . Ways to Make a Difference, p. 7 ACTION FOR CLEAN WATER

www.CleanWaterAction.org Colorado Currents | Summer Update 2012 From the Colorado Program Director Gary Wockner

Hello Friends of Clean Water Action!

Whew! We are busy!

As you can see from this newsletter, there’s never a dull moment in the fight to protect clean air and clean water in Colorado. Your support is crucial to our work — thank you for your support.

First, some good news: The threat of oil and gas drilling and fracking across the suburban Front Range has caused all sorts of people to take action, get to know each other, speak at public meetings, and create new alliances. Thousands of suburban Coloradans are finding their voice and re-engaging in our democracy at the local level. In Aurora, Longmont, Erie, Centennial, Fort Collins, Commerce City, Denver and beyond, people are standing up and speaking out. Through adversity, we are uniting to fight this threat.

Of course, the bad news is that the threat continues to march forward. And, unfortunately, Governor has been a major obstacle in our fight. Rather than placing a high priority on protecting our air, land, water, and private property from these polluting industries it appears the state government is blindly siding with the Oil and Gas Drilling and Fracking industry who are trying to ram more drilling and fracking into suburban Colorado.

Recently, the state government said it was going to file a lawsuit against Longmont because the city was trying to protect itself from drilling and fracking — it’s more than disheartening to see our state government act in this way. We need your help to put pressure on Governor Hickenlooper. When you see a representative from Clean Water Action at your door, please take the time to sign your name and join our fight for clean air and clean water in Colorado. We are sending letters to officials, meeting with officeholders, holding events in schools, and generating tons of phone calls and emails.

Thank you, again, for your support. Don’t give up — stand up, speak out, and let’s go!

Gary Wockner Colorado Program Director Clean Water Action

2 Colorado Currents | Summer Update 2012 www.CleanWaterAction.org drilling Continued from page 1

These Colorado congressmen, who are all on the powerful Natural Resources Committee also oppose federal regu- lations on drilling and fracking — specifically proposed Department of Interior rules requiring disclosure of fracking chemicals and strengthening well safety. Clean Water Action fully supports increased federal regulation on drilling and fracking to protect water and health.

The Colorado Oil and Gas Conservation Commission con- Above: Activists in Erie, Colorado gather for a community meeting to learn how vened a “Setback Stakeholder’s Group” to determine how they can take action to protect their close drilling and fracking operations can be to homes and families and homes from the drilling and schools. Scientific studies indicate that cancer causing air fracking going on in their neighborhoods. emissions may cause health impacts to people up to a half Right: Canvassers Sequoyah Healy-Louer mile from a drill site. Water impacts, noise and light impacts and Derrick Maynard with a supporter giving a thumbs-up to Clean Water from 24/7 drilling and fracking, and impacts on home values Action in Denver. all serious concens. Clean Water Action supports significantly larger setbacks to protect people from oil and gas drilling and In the past three months, Clean Water Action knocked on fracking. 17,500 doors and gained support from more than 4,000 new members. Nearly 2000 letters, postcards and public “Fracktivists” in communities across the Front Range are comments from Clean Water Action members have now fighting for stronger regulations on drilling and fracking as been delivered to elected officials, government agencies and companies are leasing and drilling close to homes, schools, decision-makers. There is power in these growing numbers and neighborhoods. Citizens in Fort Collins, Longmont, Erie, which can be organized to protect Colorado communities Fredrick, Loveland, Boulder, Aurora, Centennial and other from drilling and fracking. communities have weighed in on this issue at city council meetings, organized protests, and neighborhood meetings. Take action at www.cleanwater.org/Protect-Our-Drinking- Many of these communities have since seen moratoriums Water-from-Fracking to weigh in on important drilling and put in place within city limits to delay drilling and fracking fracking safeguards to protect drinking water. Your com- activity. Clean Water Action continues to support “fractivist” ments to the Environmental Protection Agency on diesel citizen groups who are working tirelessly at the local level. used in fracking will help secure stronger protections.

Clean Water Action and Clean Water Fund gratefully acknowledge 40th Anniversary Sponsorship support from Aveda, New Belgium Brewing, We-Care.com, SurveyMonkey Contribute, and the Clean Water Action Visa® Card from Capital One® (www.cleanwatercard.org)

www.CleanWaterAction.org Colorado Currents | Summer Update 2012 3 legislative roundup 2012

The State Legislature ended its 2012 session in May. Much like last year’s session, 2012 saw its fair share of anti-environmen- tal legislation proposed in the State House. Environmental groups were on the defensive to protect Coloradan’s desires for clean air, clean water, and clean energy. Clean Water Action joined with allies to defeat more than a dozen bills that would have rolled back Colorado’s progress on renewable energy and oil and gas drilling rules. This included:

➤➤ HB 1172, 1171, and 1102 – A trio of bills that would gut the Clean Air, Clean Jobs Act and limit State efforts to address climate change. DEFEATED!

➤➤ SB 88 and HB 1356 – A bill that would pre-empt local governments from regulation drilling and punishing any efforts to use local authority to oversee drilling by restricting severance taxes. DEFEATED!

➤➤ HB 1322 – A bill forcing the federal government to sell national treasures such as the Colorado National Monument and Maroon Bells to the State. This would cost the taxpayers millions of dollars and end access to over 23 million acres of public lands. DEFEATED!

Clean Water Action thanks the environmental leadership shown by State Senator (D-Aurora), who introduced important legislation this session to increase regulations on drilling and fracking. Her bill, SB 107 Water Rights Protection Act, was focused on keeping harmful chemicals out of water sources by directing rule-making around best practices in detecting leaks and water quality test- ing before and after drilling. This bill also addressed issues specific to Aurora residents by requiring the Colorado Oil and Gas Conservation Commission (COGCC) to create rules addressing drilling around radioactive material, Superfund toxic sites, and explosives and munitions. SB 107 passed the Senate Sen. Morgan Carroll Judiciary in a 4 to 3 vote, but was killed in the Senate Appropriations committee.

Holding Congress Accountable Clean Water Action’s campaign to hold U.S. Rep. Mike Coffman accountable for his votes in Congress is building momentum. His constituents across the district have heard first-hand through Clean Water Action’s door-to-door education drive about his record on federal drilling and fracking regulations and his unwavering support for Big Oil. In June, Clean Water Action and three District residents delivered more than 800 postcards to Congressman Coffman’s office requesting that he protect Left: 6th District Congressional public lands from drilling and fracking and support federal investments in clean Rep. Mike Coffman (R-Aurora) and renewable energy sources. incumbent. Right: 3rd District Congressional Rep. Scott Tipton In Southern Colorado, community outreach spotlighted Rep. Scott Tipton’s record. (R-Cortez) incumbent. In Pueblo, the campaign featured a television ad on local and cable channels in the district that featured one of his constituents voicing frustration with high gasoline prices and disappointment in the Congressman’s repeated support for tax breaks benefiting Big Oil. An accom- panying door-to-door drive delivered more than 300 postcards expressing constituents’ concerns.

The current U.S. House is the most anti-environmental in history. There have been 77 votes to undermine Clean Air Act protections, 39 votes to weaken public lands and wildlife protections, 37 votes to block action on climate change, and 31 votes to undermine Clean Water Act protections. Congressmen Coffman andTip- ton have voted in favor of nearly all of these anti-environmental bills. Clean Water Action and constituents deliver 820 postcards to Congressman Urge your Congressman to stand up for clean air and clean water at Mike Coffman’s office. www.cleanwater.org/action/dirty-water-politics-again.

4 Colorado Currents | Summer Update 2012 www.CleanWaterAction.org save the colorado Clean Water Fund is helping to organize and lead a Diego, Phoenix, Denver, Las Vegas, and Grand Junction new coalition of companies and foundations working brought together environmental conservationists and to protect the Colorado River from the source to the fiscal conservatives to celebrate “conserving” the river sea. The “Save the Colorado River” campaign — and its water. July 25, 1921 was the day that Congress www.savethecolorado.org — is led by New Belgium Brew- named it the “Colorado River.” 2012 Colorado River Day ery of Fort Collins, CO. The coalition included the compa- celebrates the river and offers commonsense solutions nies Patagonia, Clif Bar, Teva and National Geographic; to protect and restore it. See http://ColoradoRiverDay. foundation partners include foundation partners include com for more information. Kenney Brothers Foundation and The Environment In July, Save the Colorado launched a film tour with Foundation. Gary Wockner, Clean Water Fund’s Colorado Program Director serves as the Campaign Coordinator. the Redford Center, highlighting Robert Redford’s new film, “Watershed: Exploring a New Water Ethic for the Save the Colorado supports non-profit environmental New West.” The tour will stop in San Diego, Los Ange- groups up and down the Colorado River basin. In 2011, les, Phoenix, Tucson, Denver, Las Vegas, and Salt Lake Save the Colorado donated $160,000 to this cause. In City — the major water-guzzling cities in the Colorado addition to this philanthropy, Save the Colorado is assist- River basin. The tour will focus on “Calls2Action” that ing organizations with their communications through the people can take to make a difference in the future of the Save the Colorado website, blog, and facebook page. The Colorado River, including: Colorado River provides drinking and irrigation water for more than 30 million people throughout the South- ➤➤ Personal water conservation pledges west, from the Front Range of Colorado to Southern ➤➤ Contacting local water district managers and federal California and . The river is severely depleted all decision-makers in support of stronger water conser- along its journey. At the very top of the basin in Colorado, vation programs in Southwest U.S. cities. the river has been named one of the “Most Endangered Rivers in America.” At the bottom — 1,500 miles down- ➤➤ Contracting federal decision-makers to support a bi- stream — the river is drained dry and no long meets the national agreement with Mexico to restore the flow to Gulf of California. In fact, 5 trillion gallons of water are the Colorado River Delta. drained out of the Colorado River every year. ➤➤ Making donations to help purchase water rights nec- Save the Colorado helped to organize the first ever essary to restore the river’s connection to the Gulf of basin-wide “Colorado River Day” in 2012. Events in San California.

www.CleanWaterAction.org Colorado Currents | Summer Update 2012 5 issue spotlight: coal ash in colorado

Fourteen coal-fired power plants provide around 60% of Colorado’s energy. While recent U.S. Environmental Protection Agency (EPA) rules and regulations have made strides to reduce power plants’ toxic air pollution, there is a dirty secret the energy industry is sweeping under the rug. When these plants burn coal, they leave behind “coal combustion residuals,” known more commonly as “coal ash,” containing a mix of toxic heavy metals and cancer- causing and neurotoxic chemicals.

Coal ash includes fly ash — the fine par- ticles that float up the smoke stack and are hold mainly coal ash, but at least eight of those are captured by pollution control devices, and unlined, which increases water contamination risks. bottom ash — the coarse, heavier materials that fall to the bottom of the furnace. Colorado produces nearly The industry markets and re-sells more than one 1.4 million tons of coal ash per year. Nationally coal third of all coal ash wastes for what it calls “beneficial ash is the second largest waste stream in the United use.” This allows coal ash laden with dangerous heavy States. However, coal ash lacks the crucial regulations metals to be put into concrete, gypsum or wall board, and oversight at the state and federal levels needed to spread as agricultural fertilizer, used to de-ice roads protect against environmental and health harm. or dumped into abandoned mines. All of these uses threaten water because they can allow the heavy met- Heavy metals in coal ash can include arsenic, lead, als to migrate due to erosion, leaching or runoff. None mercury, cadmium, chromium, selenium, aluminum, of this would be allowed if coal ash was regulated as a barium, beryllium, boron, and nickel. The health risks hazardous waste. from exposure are similar to those from coal plants’ air pollution, but because of the way it is stored and Why is coal ash still not regulated as “hazardous?” disposed of, coal ash is more likely to contaminate That is a question the environmental community often soil and drinking water sources. In addition to risks of asks elected officials and regulatory agencies. Clean cancer and nervous system damage, the toxins in coal Water Action and allies are campaigning to get the ash can also cause cognitive deficits, developmental U.S. EPA to designate coal ash as a hazardous waste delays and behavioral problems in children, reproduc- under the Resource Conservation and Recovery Act. tive problems, birth defects, lung disease and asthma, This designation would require more responsible dis- and heart damage. According to the U.S. EPA, risks posal and would prevent its unsafe re-use in everyday for these kinds of harm are higher for people who live materials. next to a coal ash disposal site. Clean Water Action is pressing Colorado’s U.S. Sena- In Colorado, most coal-fired power plants have tors to support the “hazardous waste” designation for between two and twelve ponds or surface impound- coal ash when the issue comes before them for a vote. ments where the coal ash is often mixed with water Meanwhile, the campaign is conducting more research and allowed to evaporate. Coal ash is also disposed of on coal ash in Colorado and potential water contami- in designated landfills — these can either be on-site at nation problems and organizing in communities where the power plant or off-site. Fifteen Colorado landfills coal ash poses serious environmental and health risks.

6 Colorado Currents | Summer Update 2012 www.CleanWaterAction.org FRACK TRACKS?

Questions still remain: Alien crop circles or frack tracks? Clean Water Action wants to know. Clean Water Action’s Gary Wockner and Shane Davis, chair of Sierra Club’s Poudre Canyon Group, submitted a series of satellite images to Governor John Hickenlooper on March 5, raising concerns about what appears to be long, winding scars on the earth’s surface (circled in red) possibly caused by the dumping of oil and gas drilling waste. The Boulder Weekly wrote an extensive article questioning the State’s response to these images on July 19, 2012. The article featured comments from Mr. Davis, the ranch co-owner, Colorado Oil and Gas Commission director Thom Kerr, and a representative from Nobel Energy.

What do you think? Are these strange patterns from legitimate practices on this cattle ranch or from irresponsible drill operators dumping drilling and fracking waste?

More Ways You Can Make a Difference for Clean Water:

➤ Online Actions: Join Clean Water Action online to hold your U.S. Reps and Senators accountable. www.cleanwater.org/action

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Clean Water Action’s Online Shopping App makes donations for every purchase you make at thousands of online stores. It’s free and automatic. http://cleanwateraction.we-care.com/getstarted

➤ Make Your Opinions Count for Clean Water: Sign up for SurveyMonkey. Contribute and each survey you complete means a donation for Clean Water. https://contribute.surveymonkey.com/charity/clean-water-fund

www.CleanWaterAction.org Colorado Currents | Summer Update 2012 7 PUT EVERYDAY PURCHASES TO WORK FOR CLEAN WATER ACTION.

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Managing Editor: Jonathan Scott Colorado Currents President and CEO: Robert Wendelgass Smmru e Update 2012 Writers: Erin Adair, Colorado Program Coordinator; Gary Wockner, Colorado Program Director Clean Water Action is a national citizens’ organization working for Design: ES Design clean, safe and affordable water, prevention of health-threatening pollution, creation of environmentally-safe jobs and businesses, and empowerment of people to make democracy work. Reproduction in whole or part is permitted with proper credit. © Copyright 2012 All rights reserved. Clean Water Action organizes strong grassroots groups, coalitions and campaigns to protect our environment, health, economic well-being and community quality of life.

National: 1010 Vermont Avenue NW, Suite 400, Washington, DC 20005-4918 | Phone 202.895.0420 | Fax 202.895.0438 | [email protected] Colorado: 1536 Wynkoop Street, Suite B-400, Denver, CO 80202 | Phone 303.405.6755 | www.CleanWaterAction.org/co

8 Colorado Currents | Summer Update 2012 www.CleanWaterAction.org