Opinion

Albertan, Tired of Her Tap Water Catching Fire, Sues

Scientist Jessica Ernst hits gas giant EnCana, regulators with fracking lawsuit.

By Andrew Nikiforuk, 28 Apr 2011, TheTyee.ca

Jessica Enrst, Fracking, Water on fire

Ernst claims flame is produced by mixture of water and gas from groundwater source ruined by fracking. Photo: Colin Smith.

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Vaclav Smil, one of Canada's smartest energy experts, calls "unrestrained energy use in affluent societies" a dangerous habit.

Just imagine a 50 kilogram Filipino nanny driving a 3,600 kilogram SUV through the traffic clogged streets of Calgary to purchase a bag of candy for her obese white charges and, well, you've got a snapshot of civilization's bankrupt energy aspirations.

Along with this sort of libertarian spending comes much moral carelessness. As Smil notes, most energy markets don't take into account the growing environmental costs that accompany unconventional hydrocarbon production such as bitumen, shale gas or methane trapped in coal seams.

In many respects, the brute force, high-energy extraction methods deployed to capture these hydrocarbons aren't any more sensible than a whaling fleet chasing sardines or a harried nanny behind the fuel guzzling SUV venturing out for a stick of gum.

Perhaps no story better illustrates these bitter energy truths than that of Jessica Ernst and Alberta's coal bed methane (CBM) boom. And it concerns the energy debate of the hour: hydraulic fracturing.

Fracking comes to Rosebud

Beginning nearly a decade ago, the natural gas industry carpet-bombed some of the Alberta's best agricultural land with 10,000 shallow CBM wells. It also fracked everything underneath. No company disclosed what toxic chemicals they actually deployed to break open these shallow coal seams. And no regulator recorded the original state of the groundwater either.

And then along come Ernst, a 54-year-old scientist and oil patch consultant. Before the boom she lived on top of an unfractured coal seam on a quiet piece of fescue just north of Calgary in a town called Rosebud. Clean and nonflammable water flowed through coal formations that fed her water well and that of her neighbors. Historical water records confirm it.

But during the boom things changed. The region's geological formations got blasted so many times by highly pressurized injections of nitrogen, water, sand and toxic chemicals that methane started to seep up all over the place. Even Ernst's dogs stopped drinking the water. Today the landowner can now set her tap water on fire. In fact, she now trucks in fresh water to avoid inconvenient kitchen explosions while making dinner. Nor is she alone.

Being stubborn and somewhat testy about justice and the fate of public resources such as groundwater, Ernst decided to sue. She just doesn't think energy security should trump water security.

Her $30-million lawsuit penned by well-known Toronto lawyers (and that means Ernst is damn serious) is an eye popper as well as reality check on the costs of pursuing extreme sources of energy.

In fact, her well-documented case is considered by some to be so credible that Ernst has been invited "to present her story and make recommendations to governments at the 19th session of the Commission on Sustainable Development at the United Nations in New York" next week.

Both shale gas and CBM, the harnessing of blue flame slaves for urban markets, are in many ways energy's new heart of darkness. As the Ernst lawsuit shows, their production tools can be just as ugly, negligent and brutal as 19th-century slave traders in the Congo. (The men who shackled blacks for New World plantations were also creating jobs and satisfying the world's demand for more energy.)

The lawsuit

For the record, the 79-page document alleges that EnCana, an energy trader as big as King Leopold, broke nearly a dozen laws -- an accusation that, it should be noted, remains unproven in court.

The suit says EnCana conducted "a risky and experimental drilling program" that contaminated a local aquifer with toxic chemicals. Given that "the fracturing process can connect to other fractures or can extend beyond the coalbed and into bodies of groundwater."

But companies have now done that right across the continent. Ask rural citizens from Harrisburg, Pennsylvania to Pavillion, Wyoming and many will tell you that hydraulic fracking is an extreme example of unrestrained greed.

The whole process takes more wells, more heavy machinery, more energy, more compressor stations, more land fragmentation, more water and more captured regulators than conventional natural gas.

But that's ho-hum part of the claim. The interesting bit comes next. The document alleges that so-called energy regulators watched EnCana contaminate an aquifer but "failed to follow the investigation and enforcement processes that they had established and publicized."

Moreover, says the suit, the regulators charged with protecting groundwater in Alberta treated "the legitimate concerns of citizens regarding resource development with contempt and hostility."

At one point, Alberta's Energy Resources Conservation Board (ERCB) even banished Ernst from its offices. It flat out refused to discuss compressor noise pollution or water contamination with the landowner. (Imagine if natural gas companies banished customers with furnace problems!)

The regulator also accused the oil patch consultant, a scientist who works with facts and thinks regulators should be concerned about facts too, of "attempting to humiliate the organization" by asking questions about the board's reluctance to investigate groundwater contamination.

The Goliath-sized regulator, which employs approximately 800 people and spends $170 million a year overseeing hundreds of thousands of oil and gas wells, finally dispatched one of its legal eagles to the scene.

According to the lawsuit, the man threatened Ernst: if the pesky landowner didn't shut up about her flaming water, "don't expect us to help you." But she kept on talking and the regulator, well, kept its promise. Shortly afterwards, Alberta Environment found 50 pollutants in local water wells that matched fracked wells.

The lawsuit says that the Alberta Research Council belatedly did a study but it was "inadequate," used "factually incorrect data" and made conclusions not supported by the facts. And on it goes.

So there is an extreme price to be paid for energy obesity especially when that energy comes from extreme sources requiring extreme practices supported by extreme regulators.

And that price is being mostly borne by the citizens of rural North America. Meanwhile urban consumers burn their blue flames with the same sort of thoughtlessness as a small person in a big car on a little errand.

Given the damning contents of the claim, every barbecue fancier and city homeowner using natural gas should read it. In fact, home gas bills should probably come with an unrestrained message: "WARNING: Urban consumption of natural gas from fracked zones sacrifices water supplies in rural neighborhoods."  [Tyee]

20  Comments:

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  • Harmolecule

    2 years ago

    What about the owners of the SUVs??

    FIRST:
    Just imagine a 50 kilogram Filipino nanny driving a 5,000 kilogram SUV through the traffic clogged streets of Calgary to purchase a litre of candy for her obese white charges...
    SECOND:
    Meanwhile urban consumers burn their blue flames with the same sort of thoughtlessness as a small person in a big car on a little errand.
    Um, I'm sorry, are you blaming Filipino nannies for energy obesity/consumption? It's such a weird and jarring sour note in an otherwise interesting piece to be flagging a person (likely disenfranchised, and undoubtedly with a shitty job!) as a significant contributor to environmental degradation, when there are sooo many more people making worse choices than she - how about the people who actually buy the gas guzzling SUVs??

  • cyberclark

    2 years ago

    There is a large precedence!

    Several years ago Seismic went through the county of Parkland.

    Shortly thereafter people started to complain their well were going dry. This was within the space of weeks.

    The petitioned the Alberta Conservatives on the matter siting the seismic as being the problem and Ralph Klein, king of the day responded in the Edmonton Journal "Prove it"

    Other areas in parkland routinely get gas through their water lines as the whole area is underlined with a large coal bed that is constantly leaking methane.

  • jwstewart

    2 years ago

    Exageration will feed your opponents.

    I have little doubt about the veracity of Andrew Nikiforuk's claims regarding enegry issues, but the simpler facts, or exagerations, will cause a loss of trust.

    A 5000 Kg SUV? Name one, if it exists.

  • Driftwood

    2 years ago

    Another Great Article

    "Even Ernst's dogs stopped drinking the water. Today the landowner can now set her tap water on fire. In fact, she now trucks in fresh water to avoid inconvenient kitchen explosions while making dinner."

    When you make a point you certainly make it.

  • G West

    2 years ago

    jwstewart and others - it always pays to read the article...

    Perhaps you should have read Vaclav Smil's article - the one Nikiforuk links to in his piece - then you'd understand where he got his riff about the Filipina and the SUV.

    Here, I'll quote the money paragraphs for you:

    Honda’s way –- minimizing the production of undesirable outputs rather
    than controlling them as an after-thought -- should be always the guiding
    principle of any intelligent, far-sighted, rational design. I do not have to belabor
    the wider lesson taught by these two companies. Three decades after it
    surprised with its innovative engine design Honda is the world’s leading, and a
    highly profitable, automotive innovator whose two dominant vehicles, Accord
    and Civic, rate, set the standard for car-making in compact and sedan class
    while GM is a virtually bankrupt outfit (losing thousands of dollars on every car
    sale) whose products include such ridiculous monsters as Yukon (24 L/100 km)
    and H1, a military assault vehicle weighing 4,700 kg. We know that anorexia
    nervosa correlates highly with high incomes and so in affluent neighborhoods of
    US cities we can see nearly 5,000-kg cars driven by anorexic 50-kg females to
    buy a 500 g carton of a slimming concoction. In these situations I am always
    trying to imagine what would be the verdict of a truly sapient extraterrestrial
    informed about this behavior of affluent Earthlings.

  • happy (not verified)

    2 years ago

    West

    Just one minor problem.
    A H1 doesn't way 4700 kg. It has a curb weight of 6800 lbs, or somewhere in the neighborhood of under 3400 kilos.
    Maybe the military version weighs 4700 but nannys don't drive them.

    http://www.ehow.com/facts_7493817_hummer-h1-technical-information.html

    I agree with jwstewart that embellishing hurts your cause.

  • RickW

    2 years ago

    Harmolecule

    Quote:
    how about the people who actually buy the gas guzzling SUVs??

    As per G West's intention, how about the people who actually MAKE the gas guzzling SUVs? But then, those companies do business in a land where governments subsidize O&G companies.....what more needs be said?

  • G West

    2 years ago

    happy

    Read the words 'carefully'...Nikiforuk isn't embellishing - he's simply riffing (and putting it in a context stupid Albertans will appreciate) on what Vaclav Smil said in a long, complex, and fairly difficult to understand (apparently) piece about the mess we're in.

    I suggest you and jw take the time to read Smil's piece - then come back and we can talk.

    And, while you're at it, take a little look at the meaning of the terms satire and irony.

    It'll do you a world of good.

  • HawkEyes

    2 years ago

    "simply riffling"

    "nearly 5,000-kg cars driven by anorexic 50-kg females"
    Vaclav Smil (satire and irony)

    "50 kilogram Filipino nanny driving a 5,000 kilogram SUV"
    Andrew Nikiforuk (not)

    I don't think it's "simply riffing".
    I'm surprised you even wrote this G West; perhaps your excellent writing skills come too easily for you?
    But nobody can be right all the time. While some might consider this journalism, I think the real question would be: what does Smil think?

    "In fact, she now trucks in fresh water to avoid inconvenient kitchen explosions while making dinner."

    Almost funny:
    "In March, representatives of Alberta Environment finally showed up at Ernst's residence to do some testing. Within weeks of that work, the government replaced her well water with truck deliveries."
    Canadan Business Online, August 14, 2006; Fire Water by Andrew Nikiforuk

  • G West

    2 years ago

    HawkEyes

    Yeh I wrote it.

    And it's perfectly valid - I'll wager NONE of the people who've dumped on Nikiforuk for his satirical riff (borrowed with credit from Smil's piece) have taken the time to read and understand everything Smil is saying.

    The point simply is we are living stupid, wasteful and self-destructive lives and we're not going to change before we hit a wall with that SUV.

    Smil tells us 'exactly' what he thinks - perhaps you can't find the link because it's embedded so I'll post it here in the open:

    http://www.oecd.org/dataoecd/52/25/36760950.pdf

    The SUV reference is on page 20 of the pdf so you won't have to waste too much time looking for it.

    What Smil THINKS will be pretty clear if you take a bit more time with the carefully written and footnoted article.

    Cheers - thanks for the compliment - but I try not to make statements I can't substantiate and this isn't one of the few times I've erred.

  • jwstewart

    2 years ago

    Wow!

    That 5000kg SUV dropped 1400kg.

    Garth, I understand the intent of the comment, and I know it will get ignored when paired with non-facts.

    One needs to look at what opponents THINK, and how they will use unintentional mis-statements.

  • freebear

    2 years ago

    Alberta, where the chickens come home to roost!

    The plunde3r continues in order to satisfy our insatiable thirst for easy energy instead of commitment energy (e.g. walking, cycling, shared transportation!)

  • Road Lice

    2 years ago

    Tyee comment contributors are awesome!

    I too am shocked and appalled. Why do the editors at the Tyee not know the exact weight of sport utility vehicles in Calgary? And 50 kilograms for a Filipino nanny? That's an outrageous exaggeration that destroys all the credibility of the author. Filipino nannies weigh 47 kilograms and everybody knows that. Commence the fracking! Who cares about whiny farmers in Alberta who complain about their water exploding? They complain about everything.

    I am going to send Ezra Levant a thank-you letter for his honest and rational assessment of the Alberta oil industry. At least Ezra would know the exact weight of a Calgary Hummer, because he lives in Calgary and he drives a Hummer.

    And thank-you my fellow Tyee comment contributors for exposing all the dangerous lies propagated to unfairly malign the Alberta oil industry, which only has the best interests of Albertans in mind.

  • pwlg

    2 years ago

    fracking in BC

    Encana and others have been using the fracking method to break through shale to obtain natural gas in NE BC for years without any cumulative impacts being considered. The area in question represents 15% of BC's total landmass and is considered by some to be a satellite county of Alberta.

    I wish the Tyee would publish articles relating to Nikiforuk's Alberta examples to help educate BC residents. If anything, the oil and gas industry operating in BC is far more destructive than its operations in Alberta.

    I invite readers to look up Will Koop's work related to fracking and oil and gas operations in NE BC.

    http://www.bctwa.org/FrkBC-EnCanasCabin-Nov9-2010.pdf

    It's also happening here in BC and I hope Ms. Ernst has a successful day in court that ripples throughout the country.

    Regarding the statement about the weight of a person compared to the weight of a vehicle transporting them I suppose all transportation modes have somewhat similar ratios when you add up all the weight of associated infrastructure as engineers are apt to do.

    The only transportation mode that comes close to a 1:1 weight ratio is walking (clothing and shoes optional).

  • John Greg

    2 years ago

    Road Lice ...

    Bravo!

  • G West

    2 years ago

    jwstewart

    You still haven't acknowledged you actually READ the pertinent material written by an acknowledged expert in a submission to the OECD.

    Did you or didn't you?

    I believe if you had you might have understood what the author was up to.

    And if you had, you wouldn't have made the comment you did - ditto to HawkEyes...

    And, thanks to Road Lice, who came up the reaf and made the same point more humourously than I did - utilizing the same techniques Nikiforuk and Smil did.

    Bravo indeed!

  • doggone

    2 years ago

    Obviously, frapping away here

    Will not get the attention of Encanna nor almost anyone beyond this small circle. Wondering exactly how much an M1 Tank on rubber weighs or how slim the pilot - Zilch.
    What just might get something happening is the above mentioned law suite.
    'Course by the time that gets through Alberta courts most usable gas will have leaked off.
    And the polluted water will be available more or less FOREVER

  • HawkEyes

    2 years ago

    GWest

    You might be hard pressed to find someone who has appreciated the Tyee more than I have.
    And if I knew half as much as you, I'd be pretty damn smart. And pretty damned insufferable.

    Look up "riffing" in the dictionary.
    Drop the rude and condescending attitude.
    Don't assume to tell me what to read (twice) when you clearly read so little you missed my points entirely.
    Don't assume to represent my thoughts. Stand Up for 2013 is where I'm coming from, my point of view, my site with embedded links. I never once said Mr. N wrote badly; indeed, that would be a lie. I know he has an obligation to write better. Some would agree, most likely including Smil.

    I hope you're at least feeling better for getting something off your chest. Cheers.

  • G West

    2 years ago

    Hmm

    You're entitled to your point of view - but if you don't express it clearly and carefully it won't make the impact you want it to make.

    Nikiforuk's only mistake, from my viewpoint, is that he used an embedded link to Smil's article and most people missed it. They then read Nikiforuk's riff on Smil's thoughts about the pointlessness and self destructive nature of SUV culture and failed to realize that he was speaking ironically...(and trying to be funny).

    I still don't 'know' that anyone else (including you) actually 'read' all of Smil's article because I was the one who quoted anything from Smil...cut and paste is, after all, pretty simple.

    As for anyone's 'obligation' to write 'better' - that I truly don't understand that - the criticisms I was responding were criticisms of Nikiforuk which I thought were unfair and not based upon a clear understanding of the material he'd presented.

    Virtually no one has actually commented upon the content or thesis of the material.

    And, seemingly, nobody noticed the way Nikiforuk "trussed up" the '5000kg gorilla' (SUV) of his second paragraph with these words at the end of his article:

    So there is an extreme price to be paid for energy obesity especially when that energy comes from extreme sources requiring extreme practices supported by extreme regulators.

    And that price is being mostly borne by the citizens of rural North America. Meanwhile urban consumers burn their blue flames with the same sort of thoughtlessness as a small person in a big car on a little errand.

    Given the damning contents of the claim, every barbecue fancier and city homeowner using natural gas should read it. In fact, home gas bills should probably come with an unrestrained message: "WARNING: Urban consumption of natural gas from fracked zones sacrifices water supplies in rural neighborhoods."

    Does Henry James have an obligation to write shorter sentences?

    Does Thomas Pynchon have an obligation to be less opaque?

    What one requires from writers (particularly writers of popular journalism) is accuracy and honesty and I think that's what Nikiforuk provides.

    The fact he uses some word pictures that readers don't 'get' the first time through (and I stand by my verdict on that one) is more a reflection of their care and concentration than any failing on his part.

    This isn't just good writing, it's great writing - even if the reader does have to work at it a bit.

    Cheers.

    I'll have a look at Stand up for 2013

  • jacksonupnorth

    2 years ago

    Here we go

    The really sad thing here is that the lives of rural people are being destroyed. The people cannot turn to their government for help because the governments all across this country have joined forces with the oil/gas industry as a united front against the landowners. The landowners have to use their own resources to fight the battle. The governments and the oil/gas companies get huge financial benefits and have almost unlimited resources to fight the landowners. The general public is being fed constant propaganda that if the oil/gas companies are forced to be safe or environmentaly responsible that the industry would immediatley collapse and the entire free world as we know it would come to a skreetching halt. Do we stand back and do nothing or keep fighting as best we can? I noticed that when the enviro group from the states put up billboards asking tourists not to travel to Alberta it really got the governments/industry's attention. It would be awesome if the government and industry would actually regulate themselves but I don't think that will happen. Thank you to the Tyee and Andrew Nikiforuk for doing what you can to expose what is really going on.

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