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Fracking protest in North Carolina
Fracking protesters at a Moral Mondays demonstration in February 2014.
Twenty states now require companies to disclose the chemicals they use in the hydraulic fracturing process used to pry gas and oil from tight geological formations. But, as part of the omnibus Energy Modernization Act, SB 786, North Carolina Republicans want to impose civil and criminal penalties, including prison time, on anyone who makes such a disclosure.

The bill has nine co-sponsors, all of them Republicans. Both houses of the state legislature have Republican super-majorities.

Molly Redden at Mother Jones reports:

"The felony provision is far stricter than most states' provisions in terms of the penalty for violating trade secrets," says Hannah Wiseman, a Florida State University assistant law professor who studies fracking regulations.

The bill also allows companies that own the chemical information to require emergency responders to sign a confidentiality agreement. And it's not clear what the penalty would be for a health care worker or fire chief who spoke about their experiences with chemical accidents to colleagues.

"I think the only penalties to fire chiefs and doctors, if they talked about it at their annual conference, would be the penalties contained in the confidentiality agreement," says Wiseman. "But [the bill] is so poorly worded, I cannot confirm that if an emergency responder or fire chief discloses that confidential information, they too would not be subject to a felony."

Michael Biesecker of the Associated Press reported last week that three members of the state's Mining and Energy Commission met privately with officials of companies that use fracking chemicals before the bill was introduced. Among them was Halliburton. The bill assigns the task of issuing fracking licenses to the commission.

Greenpeace, which obtained a cache of emails and meeting schedules from the MEC, concluded that there is a "cozy relationship" between the commission and industry.

Please read below the fold for more on this bill.

Sue Sturgis at the Institute for Southern Studies' "Facing South" blog wrote that Halliburton's complaints had gotten an earlier bill pulled from consideration because it had more constraints on industry. A lobbyist for Halliburton and Koch Industries, D. Bowen "Bo" Heath, managed to get the bill removed in favor of model legislation drafted by the American Legislative Exchange Council (ALEC).

The North Carolina Conservation Network opposes SB 786 for a number of reasons—for what it excludes as much as what is in it.

Missing from the bill, the network says: regulation of "compulsory pooling," under which companies can drill on land without the owner's permission; disposal of fracking wastewater; contamination discovered after drilling is completed; and toxic air emissions from fracking. The bill would also cut in half the zone of liability for drillers who contaminate drinking water and would forbid local jurisdictions from banning fracking or regulating the siting of fracking wells.

Originally posted to Meteor Blades on Mon May 19, 2014 at 01:59 PM PDT.

Also republished by North Carolina BLUE, DK GreenRoots, and Daily Kos.

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Comment Preferences

  •  Tip Jar (136+ / 0-)
    Recommended by:
    navajo, alx9090, CanisMaximus, Gooserock, Patriot Daily News Clearinghouse, ericlewis0, basquebob, citisven, wordwraith, LinSea, James Wells, Siri, George3, nomandates, Denise Oliver Velez, badscience, cai, Mary Mike, KayCeSF, belinda ridgewood, Glen The Plumber, bleeding blue, Eric Nelson, Involuntary Exile, tle, carpunder, thanatokephaloides, Simplify, smiley7, kevinpdx, Kayakbiker, mungley, jadt65, here4tehbeer, martinjedlicka, MJ via Chicago, LakeSuperior, stvnjon, Thinking Fella, Leftcandid, Buckeye Nut Schell, BlueOak, Mannie, Simian, stellaluna, PapaChach, enemy of the people, stringer bell, gramofsam1, jacey, jnhobbs, pcl07, Brecht, where4art, jck, chuckvw, jbsoul, cordgrass, Yosef 52, i saw an old tree today, RepresentUsPlease, DEMonrat ankle biter, MartyM, joedemocrat, Jack Hare, rebel ga, Laura Wnderer, Odysseus, antirove, slowbutsure, sturunner, Metalgirl, eeff, opinionated, unfangus, NoMoreLies, jayden, devis1, willyr, hnichols, renzo capetti, dewtx, wbr, 2dot, subtropolis, remembrance, maybeeso in michigan, SolarMom, Jeff Y, moviemeister76, etherealfire, OHdog, Creosote, Mystic Michael, wintergreen8694, Paragryne, StrayCat, Liberal Mole, chrisculpepper, DWG, Skyye, smokey545, agitatednactivated, bobcat41702, Conium, zootscoot, groupw, YucatanMan, fredsfish, BLUE Skies in Red Hell, Teenygozer, reasonshouldrule, mofembot, Ado Annie, OldDragon, Iron Spider, dewolf99, julesrules39, kpeddicord, Lilredhead, Phil N DeBlanc, roses, mookins, SirReal, Prognosticator, Munchkn, dharmasyd, miango113, Jamaste, oldmilitant, LNK, friendjudy, NewRomeIsBurning, NewtC, Save the Mitten, beesknees

    Don't tell me what you believe, show me what you do and I will tell you what you believe.

    by Meteor Blades on Mon May 19, 2014 at 01:59:11 PM PDT

  •  Seriously? (35+ / 0-)

    "Trust us?"

    Sure. If you want your trade secrets, I want a few secrets of my own. Like my web browsing history. Like my medical records.

    You feeling me NSA?

    That aside, the chemical industry has such an impeccable record of success keeping their more hideously poisonous product from the drinking water.

    Let's replace the EPA with Dow. And go into the dark together.

    "Wealthy the Spirit which knows its own flight. Stealthy the Hunter who slays his own fright. Blessed is the Traveler who journeys the length of the Light."

    by CanisMaximus on Mon May 19, 2014 at 02:07:58 PM PDT

  •   "cozy relationship" between the commission (20+ / 0-)

    and industry. Seems to be a trend in NC, similar to DENR and Duke energy

  •  Sue me ! (23+ / 0-)

    What Chemicals Are Used
    As previously noted, chemicals perform many functions in a hydraulic fracturing job.  Although there are dozens to hundreds of chemicals which could be used as additives, there are a limited number which are routinely used in hydraulic fracturing.  The following is a list of the chemicals used most often.  This chart is sorted alphabetically by the Product Function to make it easier for you to compare to the fracturing records .

    "please love deeply...openly and genuinely." A. M. H.

    by indycam on Mon May 19, 2014 at 02:19:33 PM PDT

  •  Energy Modernization Act? (19+ / 0-)

    That's positively Bushian levels of bill-naming obfuscation (Clear Skies, Patriot Act, etc.).

    An actual energy modernization act would focus on clean energy, conservation, and efficiency.


    © cai Visit to join the fight against global warming.

    by cai on Mon May 19, 2014 at 02:34:17 PM PDT

    •  It's Orwell's 1984 - in 2014! n/t (2+ / 0-)
      Recommended by:
      StrayCat, reasonshouldrule

      All that is necessary for the triumph of the Right is that progressives do nothing.

      by Mystic Michael on Tue May 20, 2014 at 06:30:37 AM PDT

      [ Parent ]

      •  Very true. (2+ / 0-)
        Recommended by:
        Mystic Michael, OldDragon

        The use of pretty words to hide the evil corruption taking place has been going on for a long, long time.  Names for trash dumps are good examples, e.g. "meadowlands" and "spring hill," etc.

        What on earth is going on with the voters in NC?  These corrupt politicians and the corporations behind them MUST be stopped before the U.S. is just one ruined wasteland.

        •  Speaking of the South... (1+ / 0-)
          Recommended by:

          ...I've long wondered how much more exploitation and abuse it will take before citizens of the Southern red states will finally rise up en masse, punish their corrupt right-wing politicians, and take back their states.

          Environmental catastrophes in West Virginia & North Carolina have left major river systems fouled by toxic mining chemicals and by coal ash, respectively.  And in Southern red states from North Carolina to Mississippi to Texas, hundreds of thousands of deserving and needy citizens are being denied their right to receive Medicaid - resulting in unnecessary and preventable deaths.  And so much more...

          Are the people who live there so intimidated and oppressed that they are afraid to take matters into their own hands?  Has citizen action been stigmatized as "radical" to the point that nobody will act?  Or are the people simply too divided and/or passive?

          I just don't get it!

          All that is necessary for the triumph of the Right is that progressives do nothing.

          by Mystic Michael on Wed May 21, 2014 at 05:34:59 AM PDT

          [ Parent ]

          •  I don't get it either. (0+ / 0-)

            North Carolina, especially, has a lot of educated people and some very good universities.  And they haven't always been this sheeplike.

            Not that it's only southern states.  I live in Michigan, and the right wing has pretty much taken over the place, backed by some very rich people.  Now the Koch's are trying to block the Detroit fixes.  People like the Koch's not only DON'T care about the kind of people who live in Detroit, they actively want them to simply die.

            And here, the state has been gerrymandered by the republican majority to make sure they keep control, no matter how many democrats there are.

    •  Yes, but the only way I can see to get permission (0+ / 0-)

      to do that would be to flat out bribe relevant TPTB with MONEY by buying fossil fuel at full extracted price but as mineral rights to be held underground for a few thousand years.  There is a 200 year worth at business as usual rate of use of coal out there, probably most of the $20 trillion worth that needs to be left in the ground as part of averting global warming.  $20 trillion is maybe $2 trillion more than annual US GDP.

      •  Surely you jest (0+ / 0-)

        Behind your "bribe" lurks the very same notion of conjectural property rights that corporations have been writing into trade law since NAFTA's "Chapter 11".

        The "only way" you can see achieving clean energy would be to respect the principle of property over people? Property over public goods?  No.

        We do not need "permission" to make law.

  •  It's surely irrelevant to me, as the chances I'll (19+ / 0-)

    ever buy a house approach zero, but has it occurred to anyone else that all the laws that make it impossible to protect your land against destruction and contamination are a huge argument against home ownership?

    Seriously, if you have no control over whether a pipeline goes under your land or a drilling platform goes on it or your well gets contaminated or your air turns foul or your property is lit 24-7 by flood lights or your road is driven on by giant trucks round the clock, then what the hell is the point of "owning" land?  It's not like you'll be able to sell it; at best you'll get a payout after you sue because your family are all sick.

    Can you even be said to "own" it at all?

    Worst, some developments now have clauses written in where the developer keeps the mineral rights, and people don't even kinda sorta own their land below a certain level.  Those "homeowners" won't even be able to make a token refusal of an extractive industry's invasion.

    There are many downsides to renting, not least of which are uncertainty about the future and lack of control over one's home.  But with fracking companies going to war with homeowners and anyone speaking on their behalf, not having any equity sunk, or any requirement to stay past the end of a lease, starts to look like a really good place to be.

    © cai Visit to join the fight against global warming.

    by cai on Mon May 19, 2014 at 02:45:22 PM PDT

    •  That might be a good counterstrategy, pitting (14+ / 0-)

      fracking against real estate.  "You can have fracking, or property ownership rights, but not both."  I'm oversimplifying, but it's a way to get some people to pay attention who otherwise would not.

      It's time to start letting sleeping dinosaurs lie, lest we join them in extinction by our consumption of them.

      by Leftcandid on Mon May 19, 2014 at 03:40:45 PM PDT

      [ Parent ]

      •  Some communities in New York State are using (9+ / 0-)

        "home rule" provisions to pass anti-fracking ordinances.  Apparently some lawyer read up in Cornell's law library for a year or so, and then helped them draft the ordinances.  The fracking companies hate it, but the ordinances have mostly been ruled legal (or thrown out due to minor errors).

        © cai Visit to join the fight against global warming.

        by cai on Mon May 19, 2014 at 03:44:26 PM PDT

        [ Parent ]

        •  Your State must have home rule to try this (4+ / 0-)

          Don't let me oversimplify, but isn't "home rule" a state constitutional question? Some states allow home rule, some don't, where local laws can be more stringent, though never less so, than state rules.

          In Georgia, localities can have environmental restrictions tighter than state minimums. Rare they do--it's a dumb state. These local laws can include zoning laws, pollution laws, etc.

          The legislature can and does pre-empt these smarter local rules, often following ALEC. On issues like new statewide cell tower siting rules which weaken local control, "ag gag" laws, allowing gun ranges everywhere, and pesticides, to name a few. (In Georgia, the state can come on your property and pesticide treat it and charge you, if they define some threat to forestry, for instance. (see: GA O.C.G.A. § 12-6-16, Control of tree diseases and insect infestation). So much for the sanctity of private property.

          Alabama on the other hand, has no state home rule provisions for siting facilities, or the option of more stringent "home rule" for protecting your land and community at the local level. It's all decided or "permitted" miles away in Montgomery, by people not in the community. Called politicians, these people are solely influenced by money brought to them, not by anyone affected by what they decide on paper that affects places they are not connected to.

          Right now, several AL communities are threatened and being sued by sham wind power projects, though Alabama has no real wind resource. (see No Wind Alabama, These projects are tax credit engines for the developers, not energy producers, and will wipe out nature, birds, and viewsheds. One is proposed on the edge or the Talledega National Forest, on Turkey Heaven Mountain. Goodbye gobblers. Alabama also has fracking oil fires (Bakken bombs on rail cars) from tank car wrecks headed for crude refinery in Mobile or Tuscaloosa.

          AL and MS have jointly agreed for the states to pursue a potential oil/gas field in NW AL, NE MS. (see: Fracking will go easy there--there is no legal potential for "home rule" control without new state enabling legislation.

          Georgia has "fracking exploration wells" drilled near Dalton, Georgia, likely not really looking for gas, just drilling holes to pour toxic chemicals into for cheap, no liability disposal. We are all at risk of that sham, thanks to Dick Cheney and the Halliburton rule.

          It's a grim picture in these rural, less literate states. But, stocks are up…I suppose we can all eat and drink our portfolios.

          •  IL is a home rule state (3+ / 0-)
            Recommended by:
            NoMoreLies, Meteor Blades, StrayCat

            It would be interesting to see if that's a way to attack the recent fracking law that IL passed.

            IL Constitution: Article 7

                (a)  A County which has a chief executive officer elected
            by the electors of the county and any municipality which has
            a population of more than 25,000 are home rule units. Other
            municipalities may elect by referendum to become home rule
            units. Except as limited by this Section, a home rule unit
            may exercise any power and perform any function pertaining to
            its government and affairs including, but not limited to, *the
            power to regulate for the protection of the public health,
            safety, *
            morals and welfare; to license; to tax; and to incur
            Emphasis mine.

            -7.75 -4.67

            "Freedom's just another word for nothing left to lose."

            There are no Christians in foxholes.

            by Odysseus on Mon May 19, 2014 at 05:12:41 PM PDT

            [ Parent ]

    •  Just like the Repubs who wanted to do away (2+ / 0-)
      Recommended by:
      penelope pnortney, OldDragon

      with the real estate tax deduction for homeowners (paul ryan for one).  This tax break is often the only thing that makes the decision to own a home ok for many people.

      Disincentivize home ownership:  disincentivize the traditional american dream. Typical of this repub party.

      Please know I am not rude. I cannot rec anything from this browser. When I rec or post diaries I am a guest at some exotic locale's computer. Ayn is the bane!

      by Floyd Blue on Tue May 20, 2014 at 12:06:29 PM PDT

      [ Parent ]

    •  In fact that is happening right now. (2+ / 0-)
      Recommended by:
      penelope pnortney, OldDragon

      I am selling my land in the Finger Lakes region of NY state because NYS Electric and Gas has a lease option on my land that I cannot legally break. It came with the deed when I bought the land 26 yrs. ago. I never worried about it until fracking became an issue. Unless NYS legislators ban fracking, my land will have an eyesore right in the middle of it. Hence, i am selling now, before the land rapers get busy.

    •  Well sort of... (0+ / 0-)

      I agree that this might be a strategy - sinking property values from fracking - that might make landowners and home owners take notice.
      But in the long run, you could see groundwater contaminated to the point where there are too few places to live whether you "own" the land or are just renting.  In that case, places with acceptable water/land/etc. may either be unavailable for rent, or jack up the price to the point where you can no longer afford to move there.

  •  The sacrifice Lee County Act (14+ / 0-)

    Only the poor economics of the gas in NC's Triassic basin will stop fracking. The Republicans running the legislature are owned by the Kochs. That includes senate candidate Tom Tillis who serves the Kochs on bended knee.

    I have nothing but contempt for these Republicans who don't give a damn about the people, the land and the property rights of average citizens.

    Fortunately, NC's gas deposits are small and of marginal economic value. At today's low prices, I doubt that drilling will go forward.

    “Industry does everything they can and gets away with it almost all the time, whether it’s the coal industry, not the subject of this hearing, or water or whatever. They will cut corners, and they will get away with it. " Sen. Jay Rockefeller, D, WVa

    by FishOutofWater on Mon May 19, 2014 at 02:47:20 PM PDT

  •  What's next? (19+ / 0-)

    Jail time for writing diaries exposing wording of bills that are sweetheart bills for business?

    Be ashamed to die until you have won some victory for humanity. Horace Mann (and btw, the bike in kayakbiker is a bicycle)

    by Kayakbiker on Mon May 19, 2014 at 03:09:35 PM PDT

  •  How is this NOT unconstitutional? (9+ / 0-)

    Have any of these illiterates read the first amendment of that document they love to fetishize and carry around in their pockets?

  •  Thanks for this. I can only hope (3+ / 0-)
    Recommended by:
    LakeSuperior, cai, Eric Nelson

    the Feds can make an end run around this nonsense

    An investment in knowledge pays the best interest. -Benjamin Franklin

    by martinjedlicka on Mon May 19, 2014 at 03:25:47 PM PDT

    •  Wow (5+ / 0-)

      I'm with you, but somehow, I don't have a whole lot of faith in it:

      The U.S. Environmental Protection Agency said it would gather public comment for 90 days on whether it should require chemical manufacturers to disclose what is in the fluids that are injected into shale seams to release trapped oil or gas, a technology that has transformed the oil and gas industry....The EPA said its notice may not result in any formal measures at all, and it would consider non-regulatory approaches.

      "Inevitability" diminishes free will and replaces it with self-fulfilling prophecies."--Geenius At Wrok

      by lunachickie on Mon May 19, 2014 at 03:52:01 PM PDT

      [ Parent ]

  •  Pretty each choice for the first responders: (4+ / 0-)

    "Sorry guys, you're on your own. Wal-Mart has extinguishers and first-aid kits."

    "The price of Freedom is Eternal Violence" - NRA

    by here4tehbeer on Mon May 19, 2014 at 03:31:08 PM PDT

  •  More small government liberty freedom (11+ / 0-)

    from your Republican Party.

  •  We need to hang them with this. (5+ / 0-)

    This is probably the most outrageous, egregious pandering to industry in memory.  The Republicans have gone far beyond the usual "costly government regulations stifle economic growth" theme and now propose to criminalize reporting of harmful chemical leaks.

    IMO, the low-info public (and maybe not a few regular Republicans) will be appalled and disgusted by this.

    You can tell Monopoly is an old game because there's a luxury tax and rich people can go to jail.

    by Simian on Mon May 19, 2014 at 03:42:09 PM PDT

  •  The system is so systemically corrupt . . . I (5+ / 0-)

    despair.  There's no hope.  How to respond to a system that is dedicated to self-destruction?  Something beyond politics, beyond environmentalism, beyond reform is needed.

    That's how it feels.

    Once you put convenient, lethal force in the mix, liberty becomes a zero sum game. -- DIgby on open carry.

    by Rikon Snow on Mon May 19, 2014 at 03:42:28 PM PDT

    •  There is ALWAYS hope. Despair creates... (3+ / 0-)
      Recommended by:
      Sura 109, LinSea, rabrock

      ...apathy and apathy means no action to bring that hope to fruition.

      But I agree about something beyond. In that realm, I have to strongly recommend the last episode of "Cosmos"—the whole series, too, but especially the last hopeful, wise and inspiring episode. I suppose some will call it sappy, but I didn't take it that way at all.

      Don't tell me what you believe, show me what you do and I will tell you what you believe.

      by Meteor Blades on Mon May 19, 2014 at 08:13:07 PM PDT

      [ Parent ]

    •  Yeah... but if I suggested WHAT, beyond reform... (0+ / 0-)

      I'd be banned from DKos. And rightly so.

      I'll believe corporations are people when one comes home from Afghanistan in a body bag.

      by mojo11 on Tue May 20, 2014 at 09:56:14 AM PDT

      [ Parent ]

  •  Back in March both Duke & the DENR were.. (7+ / 0-)

     (Department of Energy and Natural Resources, our state’s first line of protection for our environment and natural resources) - (?)


    Now DENR has been subpoenaed to appear before a grand jury in a federal investigation to determine whether federal safeguards went unchecked.
    Both agreed:
    DENR Communications Director Drew Elliot said the agency will cooperate with the U.S. attorney.

    A Duke spokesman confirmed that the company also has been subpoenaed but declined to comment further.

    I can't fine anything up to date though. So despite e-mails showing a way too "cozy" relationship between industry and the dept. tasked to oversee Duke energy, they republicans/McCrory come out with a Bill (SB 786) to further protect polluters (from todays post):
    The bill would also cut in half the zone of liability for drillers who contaminate drinking water and would forbid local jurisdictions from banning fracking or regulating the siting of fracking wells
    .. but doesn't stop there:
    Missing from the bill, the network says: regulation of "compulsory pooling," under which companies can drill on land without the owner's permission; disposal of fracking wastewater; contamination discovered after drilling is completed; and toxic air emissions from fracking. literally handing over the "right" to pollute anywhere, on anyone's land and are protected by the tax payer paid for courts and the bureaucracies whose job it is to protect those tax paying citizens.

    That about it? Corruption on steroids is what this is

    Yet searching this is all I could find on McCrory: McCrory needs to be more of a governor, less of a mayor   from April. Almost a fluf piece, gently scolding him.

     Nothing I could find that is current on the subpoena or follow-up. It's almost like a media blackout on the corruption

    Thx MB

    P.S. Kudos to greenpeace on the e-mails - I'm going to dig into these polluting crooks to learn more on this

  •  Republicans only seem to care about the first (2+ / 0-)
    Recommended by:
    antirove, StrayCat

    amendment when the rest of us are making fun of them or when they are prostituting themselves for campaign money.

    Doctors asking about guns in the home?
    Truth about birth control and abortion?
    GMO labeling for our food?
    Fracking chemicals?

    Nah, no protected speech here.

  •  This is a huge problem. (9+ / 0-)

    A couple years ago here in Durango we had a situation where there was workplace accident. And that workplace was a well site, & spill of fracking fluid. A worker was doused in the stuff, and was sickened enough to be rushed to the hospital. Once he arrived at the hospital, he began off-gassing the fracking fluid. That then led to several medical workers being sickened. In fact, an E.R. Nurse spent a few days in ICU after breathing the fumes while trying to treat the sick worker.

    When the hospital called Halliburton to ask just what the hell is in fracking fluid because our nurses are dropping over, Halliburton said--LEGALLY--'we don't have to tell you, it is a proprietary industry secret'!

    A secret? Are they afraid I'm going to start manufacturing fracking fluid at my house and underbid them? Ye Gods, caregivers are going to the ICU, and you won't tell us why?

    I looked but can not find the link to the Durango Herald articles about this story, sorry. I did find these links though:

    Lots here:

    The better I know people, the more I like my dog.

    by Thinking Fella on Mon May 19, 2014 at 03:48:00 PM PDT

    •  Exactly, it's a huge problem (7+ / 0-)

      These people would rather you simply dropped dead so you just get out of their way. If you did that? Problem solved. For them, anyway.

      Because haven't you heard? There's money to be made...

      "Inevitability" diminishes free will and replaces it with self-fulfilling prophecies."--Geenius At Wrok

      by lunachickie on Mon May 19, 2014 at 03:54:28 PM PDT

      [ Parent ]

    •  Dude, a huge problem is when the bottom line... (10+ / 0-) smaller this year than last, not when some careless worker and reckless medical folks get poisoned.

      Don't tell me what you believe, show me what you do and I will tell you what you believe.

      by Meteor Blades on Mon May 19, 2014 at 04:05:29 PM PDT

      [ Parent ]

      •  I wish you weren't (6+ / 0-)
        Recommended by:
        smiley7, jbsoul, jayden, StrayCat, lizzyh7, rabrock

        exactly correct about that.

        The only reason for not disclosing the ingredients of fracking fluid is...if folks knew what was being pumped into the ground under their house, they'd be livid. Maybe even take action and we can't have that, right?

        I'm so naïve that I would have thought they'd want to not have their employees dropping over dead--after nearly killing ER Nurses. I wish I could locate the Herald articles. If I recall, the nurse was preventing from suing Halliburton, since it is a trade secret.

        If fracking is no BFD, why not tell us what you're pumping into the ground under my house? Naïve, again, huh?

        The better I know people, the more I like my dog.

        by Thinking Fella on Mon May 19, 2014 at 04:15:44 PM PDT

        [ Parent ]

        •  There's another reason... (1+ / 0-)
          Recommended by:
          Meteor Blades
          The only reason for not disclosing the ingredients of fracking fluid is...if folks knew what was being pumped into the ground under their house, they'd be livid. Maybe even take action and we can't have that, right?
          The other reason is the same reason that the Big Ag industry is fighting GMO labeling.  Once you know if/what/how much you exposed to, you can build a legal case against the company/industry.  If you don't know which chemicals were present (or whether you consumed GMO products) it is very easy for them to deny blame for the outcome.  For example, they could ask you which chemical(s) you blame for the problem, and since you can't find that out, how do you know it was from them?  If you don't whether you had 1 GMO product or ate GMO products every day, how can you pin the blame on the GMO product?
          If these are legitimate industries acting in responsible ways, then they should be happy to share the information.  They are trying to hide the info, so what does that tell us?
  •  well, we already know that fracking fluid is (0+ / 0-)

    around 99% hot water.

    It's just that remaining 1% they don't seem to want us to know about. . . .


    In the end, reality always wins.

    by Lenny Flank on Mon May 19, 2014 at 03:51:10 PM PDT

  •  What's that you say? (1+ / 0-)
    Recommended by:

    There's hash oil in your hydraulic fracking fluid?

    The scales of Justice just Got Tipped, and it's not toward you, Sucker.

    If music be the food of love, then laughter is its queen, and likewise, if behind is in front, then dirt in truth is clean.

    by glb3 on Mon May 19, 2014 at 03:52:48 PM PDT

  •  This isn't about trade secrecy (8+ / 0-)

    It's about liability.  "Energy Modernization' is the new term for denying exactly how the toluene and benzene got into your drinking water.

    An investment in knowledge pays the best interest. -Benjamin Franklin

    by martinjedlicka on Mon May 19, 2014 at 03:53:39 PM PDT

  •  Has the US Constitution and the Bill of Rights, (3+ / 0-)
    Recommended by:
    Yosef 52, jayden, rabrock

    specifically the 1st Amendment stating:

    Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances
    been suspended?

    Earth to North Carolina:  you lost the Civil War.  

    Fiat justitia ruat caelum "Let justice be done though the heavens fall."

    by bobdevo on Mon May 19, 2014 at 03:54:34 PM PDT

  •  I'm fairly certain that humanity is going to be (2+ / 0-)
    Recommended by:
    sajiocity, jayden

    wiped out in the next 100 years thanks to all these mass extinction initiated by ALEC.

    You Maniacs! You blew it up! Ah, damn you! God damn you all to hell!

  •  I Guess These Idiots (2+ / 0-)
    Recommended by:
    sajiocity, StrayCat

    Didn't get to those ten pesky amendments to the Constitution, not even the first one.  Oh, wait, that can't be true, they know all about the second one.  Never mind, I guess that since they agreed to uphold the Constitution when they took office they must know something about the first amendment which escapes.  Maybe they think they're not a government entity interfering with the right to first amendment rights.  I kind of like the idea of the NC legislature not being a government entity because then we don't have to listen to and follow the crack-pot nonsense that they are passing into law.  Go Senator Kay Hagan.  Her victory is the only way to get rid of Speaker Tillis.

  •  I've heard the term "sellout" tossed around here (1+ / 0-)
    Recommended by:

    on Kos, but this instance forces it to the tongue.

    "The soil under the grass is dreaming of a young forest, and under the pavement the soil is dreaming of grass."--Wendell Berry

    by Wildthumb on Mon May 19, 2014 at 03:59:15 PM PDT

  •  Conservatism: telling the truth is a CRIME. (2+ / 0-)
    Recommended by:
    jayden, RockyMtnLib

    "What could BPossibly go wrong??" -RLMiller "God is just pretend." - eru

    by nosleep4u on Mon May 19, 2014 at 04:38:26 PM PDT

  •  What are these guys doing talking about chemicals? (1+ / 0-)
    Recommended by:

    Aren't they kinda sciency thingies?  Does it talk abut chemicals in the wooly babel?  (But I do think does mention something about lying your ass off and getting money in return)

    You all laugh because I'm different; I laugh because you're all the same

    by sajiocity on Mon May 19, 2014 at 04:56:06 PM PDT

  •  Questions (3+ / 0-)
    Recommended by:
    jayden, StrayCat, rabrock

    Has anyone asked the energy companies or the NC politicians bought by them why the chemicals should be considered trade secrets? McDonalds "secret sauce" was an integral part of the product they sold, so that was a legitimate trade secret despite the fact that it was made from a couple of easily found items. Energy companies aren't selling fracking juice, and all of the energy companies are probably using pretty much the same thing anyway.

    Actually, I wonder if there is any evidence that energy companies have collaborated on fracking methods and materials. That would make it pretty hard to argue that they should be protected.

    Not that it matters to these clowns.

  •  Living in a state run by Republicans has to feel (1+ / 0-)
    Recommended by:

    like one is living under Putin's rule.

    Who of sound mind, would choose to move to NC since the Dark Side has taken over?

    Very sad....I am the first generation in my family NOT to be born and grow up in NC, but I spent summers there and always hated to leave.  Fortunately, I live in a solidly Democratic state and I cannot imagine living under the rule of Republicans in FL, TX, LA, GA, OH, WI, OK.......etc. Were I unfortunate enough to have to live in a "small government" (joke) state like those, I would question whether I actually lived in the USA anymore.

    Corporations aren't people, they are governments, my friends.

    "The devil can quote Scripture to serve his own purposes."

    by SpringHopeCarolina on Mon May 19, 2014 at 07:37:23 PM PDT

  •  It is a proposed state law, right? (3+ / 0-)
    Recommended by:
    RockyMtnLib, StrayCat, rabrock

    So if a person takes one step over the state line and then disclose what is in that shit they would be immune to state penalties. This could be a whole new game, a little sponsored travel for whistle blowers, to a state where disclosure is the standard, and let it rip.

    To be first in the soil, which erupts in the coil, of trees veins and grasses all brought to a boil. -- The Maxx

    by notrouble on Mon May 19, 2014 at 08:28:57 PM PDT

  •  HYDROFRACKING (1+ / 0-)
    Recommended by:

    The problem is no one trusts private corporations to do the right things when it comes to protecting the environment or human life or our right to know so we can protect ourselves.  Nor do we trust our elected officials since they can be bought and controlled through campaign contributions and lobbying.  It has become very hard to judge and understand the rules and regulations needed to control this process since knowledge of the process is secret.  We do not know: how to nondestructively test and monitor the wells, what to do with the waste water and if it can be recycled without the flowback water becoming more toxic with each reuse, how to capture the released methane, what to do with the released radon gas, what chemicals are involved and if they are being stored in a safe and secure manner.  Recently, we have learned that the process can cause low intensity earthquakes this has been documented as occurring in England, Oklahoma, Nebraska, Ohio, Texas and perhaps other areas.  The U. S. Geological Survey has reported a sudden rise in the rate of 3.0 magnitude and greater earthquakes in areas where hydraulic fracturing of shale layers and deep hydro-waste storage wells occur.  EPA has issued a finding that the chemicals used in the hydrofracking process; as well as, methane can leach or leak or otherwise find a way into water supplies, wells, aquifers and streams.   The United States Center for Disease Control and Prevention and doctors across the nation have called for a moratorium on fracking pending further research into the effects of injecting hydrocarbons such as: petroleum distillates, naphthalene, formaldehyde, benzyl choride, volatile organic compounds and glycol ethers deep into the earth.   Of the 353 chemicals presumed ingredients, 60% can harm the brain and nervous system, 40% are endocrine disrupters and 30% are both suspected carcinogens and developmental toxicants.  Those who have studies the fracking issue, seen and measured its effects have identified seven major impacts: the industrialization of rural areas; clearing and fragmenting woodland, wetlands and grasslands; introduction of urban air quality and pollution; evacuation of communities due to accidents and lack of safety; the disappearance of fresh water due to the huge volumes needed; the long term bio-accumulative effects of RADIUM-226 (1/2 life 1,600y) which neither the state, nation nor world is equipped to handle and in the end the gas will run out but the environmental and ecological damage will remain.

  •  What could the EPA do about this? (0+ / 0-)

    Could the EPA impose and enforce a rule that nothing gets pumped into the ground until everything has been proven to NOT be a threat to the water supply. (And good luck with that frackers!)

     And no... "trade secret" doesn't cut it. The fracking industry cannot provide proof -- independently verifiable proof -- that any and all of the secret chemical component(s) in their fracking fluid are the ONLY chemicals that are able to fracture underground rock formations then those chemicals shall not be pumped into the ground. And even then they cannot prove that there is absolutely no possibility of ground water contamination. (Best of luck to them on meeting both of those requirements.)

    Without something like this, all we have going on is the petroleum/gas industry and the chemical manufacturers colluding: one gets their precious natural gas and the other gets a way to dispose of noxious chemicals that they otherwise would have to deal with much more expensively. All the rest of us get is polluted groundwater, earthquakes, and various cancers and other diseases caused by exposure to the fracking industry's secret sauce.

    Finally, what's the total energy budget for fracking anyway? Is the amount of energy in the natural gas being produced from a typical fracking well actually that much higher than the amount of energy required to drill the well and operate the pumps that inject their hazmat chemical stew into the the gas-bearing rocks?

  •  North Carolina fracking (0+ / 0-)

    The big money industries and their puppets on capital hill will take us to the edge of extinction by polluting Mother Earth and hope there is just enough time to reverse it and save us from the Abyss. Always willing to gamble to make money but his time it might be to late.  

  •  Nothin' finah (0+ / 0-)

    than to live in Carolina in deniaaal...

  •  Fracking Chemical Non Disclosure Act (0+ / 0-)

    So much for NC lawmakers standing with the people. Americans from all political parties are affected by pollution.

  •  SO, are emergency responders allowed to (1+ / 0-)
    Recommended by:
    chelonia testudines

    tell the hospital where a victim is taken, which chemicals were used?  Is the doctor allowed to tell another doctor, or write it down?  Would the doctor have to sign a confid agreement before he's told what the chemicals are?

    Is this a fucking joke?

    Please know I am not rude. I cannot rec anything from this browser. When I rec or post diaries I am a guest at some exotic locale's computer. Ayn is the bane!

    by Floyd Blue on Tue May 20, 2014 at 12:00:28 PM PDT

  •  NC Government (0+ / 0-)

    Bought and paid for.  What do we expect from a corporate-owned government.

  •  Enough of the lunacy already (0+ / 0-)

    These special interests who make our elected officials prostitute themselves for campaign funds has got to end, or it will be the end of us.
    It's one thing to get i million petitions opposing this kind of none sense, and we all know how well that has worked, and it is quite another to get 10 million voters to band together, each chipping in an average of $20, then using that $200 million in a super pac funded by citizens to support candidates who will support majority will. That will work. The special interests showed us how!
    Right now, as you read this such a Citizen's Super Pac is being created, with thousands of people who have joined in the last 20 days. Our goal is exactly as stated above; to become a Super Pac that ends ALL Super Pacs. The average contribution has been $85, with many as little as $1.
    Instead of having to read this BS that serves only the wealthiest few, come join us and we can restore Democracy to America. We owe it to those who have fought and died for this Nation, the young people struggling to make a living today, and our children, their children, and their children's children.
    Do we even have a choice anymore? Not if we want tyhis to be a Nation of Brave and a home of the Free.
    Come join at  http://www.MayOne.US.

  •  I'm afraid I can't see any compelling social ... (0+ / 0-)

    ... interest that's supported by jailing people for revealing "trade secrets".  In most states, that's a civil charge, not a criminal one.

    This STINKS of ALEC and the Chamber of Commerce.

    OF COURSE the New Right is wrong - but that doesn't make WRONG the new RIGHT!

    by mstaggerlee on Tue May 20, 2014 at 02:09:08 PM PDT

  •  Jail time for NON disclosure. (0+ / 0-)

    Also, 100% responsibility financially for clean-up, which will NOT be done by company that created the problem. And an immediate tripling of all of their taxes, the proceeds of which will be used to fund legislation to keep fracking out of the United States forever. And jail time for anyone who suggests otherwise.

  •  Congratulations, citizens of North Carolina! (0+ / 0-)

    You've elected a Government that does not give a rat's ass whether you all live or die, as long as their "sponsors" get their ounce of flesh from each and every one of you.

    I sure hope you guys get the chance to throw most of these bastards out come November.  Even more - I hope you TAKE FULL ADVANTAGE of that opportunity!

    OF COURSE the New Right is wrong - but that doesn't make WRONG the new RIGHT!

    by mstaggerlee on Tue May 20, 2014 at 02:15:00 PM PDT

  •  How is this not (1+ / 0-)
    Recommended by:

    How is this not legalized eco-terrorism against citizens?

  •  Halliburton loves ALEC which is Koch (1+ / 0-)
    Recommended by:

    It is time to start tarring Halliburton.

    Any company or politician that is in bed with the Kochs or ALEC deserves whatever the public and the courts can dish out.

  •  My my (1+ / 0-)
    Recommended by:

    North Crapolina such a beautiful place not to live. Next maybe the Rethuglicans are planning on passing a bill forbidding people to expose when their wells and drinking water are contaminated. Expanding on the incompetence in WV. Yup, those Rethuglicans are some gud legislaturs.

  •  Prime example of Koch politicians (1+ / 0-)
    Recommended by:

    Sheesh!  These Koch paid tea potty politicians will stop at nothing.  Despicable all.  When are idiot voters going to wake up?  They're all brain dead.

  •  More Crap (0+ / 0-)

    from the Goper/Bagger clowns; nothing new here.

  •  What if the disclosure is done outside NC... (0+ / 0-)

    Since the state has no jurisdiction outside, how can they prosecute?

  •  Fracking in N,. Carolina (0+ / 0-)

    I can't remember which state it was but if all the citizens get together you can stop the fracking in your town and state. These people were told by big oil there was Nothing they could do to stop it, and it just made them more determined to fight it, and thats exactly what they did and they Won! Don't believe one word from big oil, their scare tactics are just that. But when push comes to shove the people still have the power to stop it. I've never heard anything good come from fracking, nothing! the water and chemicals they use usually end up in some lake or river poisoning them and sooner or later it ends up in their drinking water. Stand up for your rights, we still have a few rights left so don't think for one minute you don't have any options. You do you just have to speak out and tell them it isn't happening on your property!The more people you can get to back you the better your chances of winning but it can be done. Once they frack on your property you'll start getting sick and your property value will bottom out. You won't be able to give it away let alone sell it. Stand tall and together and you can beat them I promise, its been done in more then one place!

  •  What about the freedom of Speech that Repubs (1+ / 0-)
    Recommended by:

    scream about every time one of their party member put their foot in their mouth, and boycotts are called for by others, it doesn't apply to others?

  •  Geezuz, the entire fracking (0+ / 0-)

    part of the bill is just insane. Amazing what money can do. Appalling, actually.

  •  Thank the Supreme Court (0+ / 0-)

    Citizens United has now created a party owned and ruled by the Koch Brothers who want to be Kings. With more Republican governors, states will become a type of oligarchy and eventually the country will follow. We will have more oil spills and more health problems. America will eventually fail as a once great country. Don't believe me- do the research on the Republican governors who have a state that can't pay bills because taxes were cut so severely.

  •  Koch and ALEC Money (0+ / 0-)

    Sounds to me like this legislative deal in N.C. is a fast-forward to the tune of Communist Russia a few decades back! Make freedom of information public is a crime!?! Give me a break!

  •  The oil and gas well owners must be getting more (0+ / 0-)

    money out than they are putting in or they would not do it.  The question is, can we take away their subsidies and/or internalize some of the costs they have been externalizing on others?
    Rather than asking for proof that any of those chemicals are the ONLY chemicals that can do the job, I would gladly settle for proof that they are the least toxic chemicals that can do the job.

    •  Biggest problem I suspect is that hydrocarbons (0+ / 0-)

      fracked for and groundwater are at similar depths underground.  Once loosened by fracking, hydrocarbons and water both travel horizontally and meet and mix.  Maybe given warning what chemicals to watch out for, municipal water departments could separate the chemicals from from the water.
      Long term, we need algal bio-fuels instead of fossil fuels from fracked wells, but algal bio-fuels are about 10 +/- 3 years away.   And we need something more constructive for drillers and frackers to do, like drilling and fracking the bottom 2/3 of enhanced geothermal systems.  Those need a pilot project to prove they are close enough to cost-competitive to be worth pursuing.  Once developed, they produce dispatchable electric power, utilities favorite kind.

  •  they want to keep secrets but, (0+ / 0-)

    yet they want to spy on all  Americans.  Sounds like they want to have OUR cake and eat it too!                              

  •  So, when an incident occurs (0+ / 0-)

    in which these chemicals are leaked into a public source, the first responders cannot reveal what chemicals they are dealing with.  How fucking stupid is that?

  •  Really (0+ / 0-)

    I believe this might be a violation of OSHA's rules on MSDS forms requirements.  

  •  "Energy Modernization Act"???? (0+ / 0-)

    F**king idiots.  These shills gotta go!  I was happy to see this article today about Tom Steyer's team going after climate deniers in 2014.  I hope everyone will help get the blue vote out this fall.

    •  "get the blue (or red, NO DIF) vote out?" (0+ / 0-)

      Red herring social issues aside, there IS no difference.

      Note carefully the positions on fracking,
      of BOTH "Democratic" US Senators from New York.

      They have NO PROBLEM throwing not only all the other states, but even their own constituents under the cancer (and Winter 2014-15 unaffordable domestic heating prices) bus,
      for the profits of the gas drilling (and lease speculation) industry.

      •  Although I share your concern & just got hosed (0+ / 0-)

        by the Democrats in my own state (IL) on fixing our Renewable Energy/Portfolio Standard, I don't agree with your insinuation that there's no difference.  

        While it's true that the influence of big money is corruption the process on both sides, we are never going to be able to fix or change that with a party who gets their talking points and agenda from a couple of billionaire polluters, whose sole purpose is to line their pockets, regardless of other people's property, health, right to food/water security, etc.  Using your logic, we'd be better off with Romney in the White House (a man that the Republican's admit would only be needed for his signature).  I don't agree with that.  Obama is trying to do some things facing the worst opposition and least productive congress ever.  Having said that, the power of money is affecting his moves, SCOTUS, legislators on both sides.

        Just because we are frustrated though, doesn't mean that we can give up the fight.  How will we ever be able to get campaign finance and other reforms done with the Tea Party running agendas?

  •  Does NC have any food/water exports? (0+ / 0-)

    If so, perhaps some discussions on banning such exports from the state if this bill passes would help them see nasty side-effects.  I wouldn't want to eat something laced with or containing residue from unknown chemicals.  And with unprotected water sources, this makes almost everything grown in NC suspect after this bill passes.
    I know NY's chief export (besides Wall St) is actually agriculture, so I'm hoping that will help stave off frackers.

  •  Sieg Heil??? (0+ / 0-)

    I've always said that Republicans are just modern-day Nazis. This is something that Hitler's regime would have done. Put people in jail for whistleblowing on their rich corporate donors?

    Anyone who has the information should FIRST leave North Carolina...and THEN whistleblow. I doubt that they could compel you to return for that trumped-up charge.

    If you study the GOP and then read "Rise & Fall of the Third Reich" by William Shirer (as I have 4 times) you actually see serious distinct parallels between the GOP & the Nazi Party. This is not rhetoric. The pages about union-busting read almost VERBATIM from GOP laws that want to break up unions. It is truly scary to read. We thought these tactics would never be used again after 1945, but here we go again. The only difference, instead of using guns they are using money as the weapon of choice to take over the government.

    Fox News is the equivalent of the Joseph Goebbels propaganda machine. The Nazis used the Jews as scapegoats. The GOP is using minorities & immigrants to blame society's ills on and enrage the masses.

    Once the Nazis got power, they made laws to ensure that they would never lose it. Vote the Republicans back in this year and watch the same thing happen again right here!

    "Those who fail to learn the lessons of history are doomed to repeat it...."

  •  How can people keep electing these people? (0+ / 0-)

    We deserve the government we elect.  Hard to believe that people can be so gullible as to believe Republicans are better than Democrats.  

    •  Do you REALLY believe "we elect the government?" (0+ / 0-)

      How would we know?
      Think about it. How do you "know" what you THINK you "know?"

      Who or what controls (owns) it?
      What is that mechanism's ONLY, exclusive goal?

      Watch "The Corporation" again.

      •  Good point (0+ / 0-)

        Vote fraud has been documented many times. And it's not the local yokel variety vote fraud, if you know what I mean. You don't see those stories in the corporate media though. It looks like the "little people" are going to have to draft their own amendment to the constitution to get money out of politics. Then strike until congress passes it.

    •  And visa versa (0+ / 0-)

      They are both orchestrated by the  same people. But, if you take their money out of it, you could have real representation again.

    •  and visa versa (0+ / 0-)

      Both parties are owned by the same people. So, a vote for  a democrat or a republican is a vote against yourself and your family, unless you're  a billionaire.

  •  Conservatives Are (0+ / 0-)

    corporate lapdogs and shills; always have been and always will be.

    •  As are today's so-called Democrats. (0+ / 0-)

      Complete, absolute corporate rule, and still no one has the balls to DO something about it, and I don't mean contribute to their belief in the Kabuki of elections or legislatures.

      What is terminally broken and co-opted cannot be fixed by continuing to believe it works. You can't replace it with something that does until it's completely removed.

  •  As an ER nurse, I resent these fracking @$$holeS (0+ / 0-)

    Why should my health and well-being be endangered because some sicko money addicts can't get enough of their junk?

  •  So, they want a bill that allows them to usurp a (0+ / 0-)

    property owners rights not to have their property Fracked, how so big government of the Republicans in N.C.

    Recommended by:
    belinda ridgewood

    That is what will be needed; in every state where the fascists are jailing normal people for resisting bad or evil laws or corporations. It will be jury nullification.

    Simply vote NOT GUILTY when the law is a bad law. It is the other right we have as citizens.

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