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View Diary: EPA Fines Chesapeake Energy a Record $10 Million for Fracking (36 comments)

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  •  This 404 case has absolutely nothing at all to do (2+ / 0-)
    Recommended by:
    nailbender, MGross

    with hydraulic fracturing....nothing at all to do with it, so the title is erroneous on that basis.

    Also, this EPA enforcement action against Chesapeake conclusively demonstrates that the Josh Fox/ Gasland claim that the oil and gas industry and hydraulic fracturing are exempt from the Clean Water Act is complete BS.   Moreover, Josh Fox has never admitted his error in making that statement.

    You said:

    According to the article, it's tricky going after frackers under the Clean Water Act, thanks to a weasely loophole created for the industry in 2005...by Dick Cheney. So again, no small victory here.
    There is absolutely no exemption in the Clean Water Act for the oil and gas industry that exempts hydraulic fracturing from the requirements of that Act and the requirement that discharge without an NPDES permit or 404 permit is a violation of law.   Note also, that the exemption for oil and gas site stormwater that is contained in the Act did not interfere in any way with  this present enforcement action based on oil/gas site construction-related discharges to waters of the United States.
    •  You are wrong. Read the EPA ruling excerpt: (1+ / 0-)
      Recommended by:
      Smoh
      ...in order to construct well pads, impoundments, road crossings and other facilities related to natural gas extraction.

      I ♥ President Barack Obama.

      by ericlewis0 on Sun Dec 29, 2013 at 09:56:10 PM PST

      [ Parent ]

      •  That the sites were for natural gas extraction (0+ / 0-)

        does not mean that any site construction storm water exemption under the Clean Water Act had anything at all to do with a placement of fill 404 violation.

        And nothing about hdraulic fracturing activities conducted at the site had anything at all to do with the nature of the 404 violations at all at these sites when CWA 404 is the only thing in content.

      •  Stormwater (0+ / 0-)

        You are citing the stormwater provision, of which this industry is exempt so long as their work areas (well pads) are less than five acres.  The stormwater provisions do not carry over to Section 404, the wetlands provisions.  Different authorities.  

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