FRANKFORT, Ky. - The Environmental Protection Agency largely has failed to regulate waste from oil and gas drilling, even though it admitted 27 years ago that the waste is hazardous.

With the boom in high-volume hydro-fracking, conservation and citizens groups are pushing the agency to finally close that big gap. Attorney Adam Kron with the Environmental Integrity Project says his group and others will go to court to make that happen.

"EPA just hasn't acted," he says. 'It's got clear authority to implement these regulations, but for whatever reason, once it made that pronouncement in 1988 it just stepped back, and that was its last word on the issue."

While EPA said the wastewater and drill cuttings are hazardous waste, it decided regulating the problem was best left to the states or through special rules the agency would write but never did.

Now, nearly three decades later, a study by Earthworks finds that no one knows where more than 60 percent of West Virginia's liquid waste ends up.

Tom FitzGerald, director with the Kentucky Resources Council, says Kentucky is "in a better place" because it has not experienced the widespread development of deep-well fracking that West Virginia has.

Earlier this year, the Kentucky Legislature added before-and-after water sampling at hydraulic fracking sites to the state's oil and gas regulations. FitzGerald says the fracking boom elsewhere is a "cautionary tale" that Kentucky still has to "get its act together" to get more protections in place.

"The next piece of the puzzle we need to work on in Kentucky is a cradle-to-grave tracking of water that is used for any hydro-fracking," he says.

FitzGerald says that should include what's happening to the wastes that are produced from the back flow of the frack water.

The oil and gas industry argues much of the waste is benign. Kron, however, says it contains things that should be handled more carefully.

"You would not want to be exposed to these wastes regularly," says Kron. "Benzene, toluene, metals like chromium, barium, and strontium and mercury. And then we've just got these extremely high levels of salts."



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A North Dakota task force meets again next month as it considers updating the scope of local zoning laws dealing with factory farms.

It is an issue weighing heavily on the minds of community members who have fought such projects. The task force is expected to submit a proposal to state lawmakers before next year's legislative session.

The main focus is setback ordinances determining where a large animal feeding operation can go. State leaders have been vocal about the need for North Dakota to expand its livestock output and keep pace with neighboring states.

Lois Steinhaus, who lives near Devils Lake, said if a rural area has second thoughts, residents can feel overwhelmed.

"I feel on the edge a lot of the time," Steinhaus observed. "It's not like we hate the smell of farms. We don't, we're comfortable with that, but there's a difference between a herd of cattle and a barn that's got thousands of animals inside."

Steinhaus and her husband were part of a contingent pushing back against a proposed large-scale hog farm amid concerns about the effect on air and water quality, which led to a lengthy court battle. Even though project activity is quiet for now, the couple worries about future legislative moves. Agriculture officials contended there is not enough consistency and clarity under the patchwork of zoning laws.

Supporters of adding more animal agriculture in North Dakota tout the potential economic benefits.

Clark Steinhaus, chair of the Pelican Township's board of supervisors, said a key concern is location. He pointed out Devils Lake, the largest body of natural water in the state, would have seen its tourism drawing power evaporate if the project had moved forward without opposition.

"They were very close to the shores of Devil's Lake, and we have a lot of campgrounds around here," Steinhaus explained.

While the project in their backyard is essentially stalled, other proposals are surfacing, including plans for mega-dairy farms in eastern North Dakota.

The Steinhauses advised smaller communities exploring their options to prepare for things such as legal expenses, as well as the need to raise awareness through local media. They said it can help residents learn more and decide whether a project is right for their town. The next zoning task force meeting is Oct. 25.


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Communities in Colorado and across the U.S. are making time to connect with nature during Hispanic Heritage Month.
Hilda Berganza, climate manager with the Hispanic Access Foundation, said last week's Latino Conservation Week saw thousands of people gathering at over 300 events. That's up from just nine events held during the initiative's launch in 2014.

"It was born from a commitment to Latinos being exposed to the outdoors. To experience being and playing in public lands, to empower families and future generations to be stewards of the planet, of the land," Berganza said.

Families of color are three times more likely than white families to live in areas considered concrete jungles without access to parks and natural areas. Due to policies some people deem racist, including redlining neighborhoods, communities of color also disproportionately live near high levels of toxic air and water pollution.

In 2022, just over 10% of Latinos were able to participate in outdoor recreation activities. Berganza said a broad coalition of community groups, nonprofits and faith-based organizations are working to change that. They are inviting families to picnics and park clean-ups, to go kayaking and hiking, to join scavenger hunts and festivals, and attend film screenings and webinars on the importance of maintaining healthy ecosystems.

"We also have events at churches where community members are learning why it's important to take care of our earth from a religious and spiritual point of view," Berganza added.

Berganza said work is also being done to push towns and cities to create parks and other green spaces in historically under-invested neighborhoods.

"National parks, or state parks, or even regular parks. They are not usually around or built within the communities that Latinos live in," Berganza said.

A new report warned climate goals in Georgia and nationwide are threatened by the rapid growth of industries like data centers and electric vehicles.

Clean energy advocates said utilities are extending coal plant operations and planning new natural gas facilities to meet rising energy demands.

Laurie Williams, director of the Beyond Coal Campaign for the Sierra Club and the report's co-author, noted while companies set ambitious climate goals, utilities remain reliant on fossil fuels.

"As just one example, in late 2023, Georgia Power reported a 20% jump in expected electric demand, largely due to new data center interconnections," Williams pointed out.

She added Georgia Power later filed an emergency resource plan, citing rapid load growth as the reason for extending a coal plant's life span and adding new natural gas capacity. Williams stressed while clean energy can take center stage, it requires action from customers, regulators and advocates alike.

The report outlined 12 recommendations for tackling energy demands while reducing emissions and keeping costs sustainable.

Jeremy Fisher, principal adviser on Climate and Energy for the Sierra Club and co-author of the report, said one of them pointed to the importance of collaboration.

"A little bit can go a long way," Fisher emphasized. "We recommend that utilities and large customers work together to maximize demand response management capabilities."

The report's recommendations also included comprehensive utility decarbonization plans and 24/7 clean energy sourcing and transitioning backup generators to batteries. There is also a strong call for advocates and large companies to push for stronger clean energy standards at the state and federal levels.


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