The Politics of Hydraulic Fracturing: Comparing Colorado, Texas, and New York

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The Politics of Hydraulic Fracturing: Comparing Colorado, Texas, and New York Presented by Tanya Heikkila Research with Chris Weible Associate Professors School of Public Affairs University of Colorado Denver CU-Denver Mini-School for Public Affairs & Public Health October 16, 2014

Source: Colorado Geological Survey

Article Count Colorado Newspaper Coverage of Hydraulic Fracturing, Fracking, or Fracing 350 300 Denver Post 250 200 150 100 Boulder Daily Camera Colorado Springs, The Gazette 50 0 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013

Article Count New York, Texas, Colorado Newspaper Coverage of Hydraulic Fracturing, Fracking, or Fracing 300 250 200 Denver Post New York Times 150 Houston Chronicle 100 50 0 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013

Study Population: Policy Actors (Govt., NGOs, Industry, Consultants, Academics, etc.) Study Locations: Colorado, New York, Texas Methods: Interviews, Surveys, Media/Document analyses, Hyperlink analyses Key Questions: General positions, problem perceptions, preferences for who addresses problems, evaluation of recent regulations and policies Guiding Framework: Advocacy Coalition Framework Research Team: Jon Pierce, Sam Gallaher, Jennifer Kagan, Ben Blair, and Kristin Olofsson

What are policy actors positions on oil and gas development that uses hydraulic fracturing?

Percent of Respondents 35% Positions on Hydraulic Fracturing in Colorado 30% 25% 20% 15% 10% 5% 0% Stop Limit Continue at Current Rate Expand Moderately Expand Extensively

Percent of Respondents 35% Positions on Hydraulic Fracturing in Texas 30% 25% 20% 15% 10% 5% 0% Stop Limit Continue at Current Rate Expand Moderately Expand Extensively

Percent of Respondents 35% Positions on Hydraulic Fracturing in New York 30% 25% 20% 15% 10% 5% 0% Stop Limit Continue at Current Rate Expand Moderately Expand Extensively

Who are these policy actors?

Percent of Respondents 35% Position on Hydraulic Fracturing in Colorado 30% 25% 20% 15% 10% 5% 0% Stop Limit Continue at Current Rate Expand Moderately Expand Extensively

Stop/Limit (n=48) Environmental groups, local government actors, organized citizens Continue at Current Rate (n=43) Local governments, oil and gas operators, federal and state government actors Expand (n=46) Oil and gas operators, some local government actors, industry associations

Percent of Respondents 35% Positions on Hydraulic Fracturing in Texas 30% 25% 20% 15% 10% 5% 0% Stop Limit Continue at Current Rate Expand Moderately Expand Extensively

Organizational Affiliation by Positions in Texas Stop/Limit (n= 35) Organized citizen groups, environmental groups; some local and state government actors News media and academics & consultants are in both groups Expand (n=43) Oil and gas industry; local, state and federal government actors

Percent of Respondents 40% Position on Hydraulic Fracturing in New York 35% 30% 25% 20% 15% 10% 5% 0% Ban the practice Continue de facto moratorium Permit smallscale experimental drilling Permit in some regions of NY Permit statewide drilling

Organizational Affiliation by Positions in New York Stop/Limit (n= 67) Environmental groups, organized citizen groups, federal government Local government actors and academics & consultants are in both groups Expand (n=57)oil and gas industry, mineral rights groups, state government actors

What are policy actors perceptions of environmental problems?

Severe Perceived Environmental Problems: Colorado Moderate Not at all Air quality degradation Competition over water supplies Nuisance from well site Contamination of ground & surface water

Severe Perceived Environmental Problems: Texas Moderate Not at all Air quality degradation Competition over water supplies Nuisance from well site Contamination of ground & surface water

Severe Perceived Environmental Problems: New York Moderate Not at all Air quality degradation Competition over water supplies Nuisance from well site Contamination of ground & surface water

What are policy actors perceptions of political problems?

Severe Perceived Political Problems: Colorado Moderate Not at all Insufficient capacity to regulate or monitor Landowner or mineral rights owner conflicts Public Distrust of Oil & Gas Industry Scare tactics on fracking

Severe Perceived Political Problems: Texas Moderate Not at all Insufficient capacity to regulate or monitoru Landowner or mineral rights owner conflicts Public Distrust of Oil & Gas Industry Scare tactics on fracking

Severe Perceived Political Problems: New York Moderate Not at all Insufficient capacity to regulate or monitor Landowner or mineral rights owner conflicts Public Distrust of Oil & Gas Industry Scare tactics on fracking

How do policy actors evaluate recent state-level policies?

The new oil and gas setback buffer will not please the industry. Colorado Energy News (Feb. 11, 2013) Colorado fracking chemicals subject to mandatory disclosure rule; potential trade secrets loophole still exists Huffington Post (Dec. 13, 2011)

2011 Disclosure Rule Resolving Problems: Colorado Strongly agree Agree Neither agree or disagree Disagree Strongly disagree What chemical information must be disclosed Protection of trade secrets Disclosure of chemical information in an emergency Public distrust of hydraulic fracturing

Strongly agree Agree 2013 Setback Rule Resolving Problems: Colorado Neither agree or disagree Disagree Strongly disagree Public nuisance impacts Priorities of mineral rights owners Priorities of surface owners Public distrust of hydraulic fracturing

2011 Disclosure Rule Resolving Problems Texas Strongly agree Agree Neither agree or disagree Disagree Strongly disagree What chemical information must be disclosed Protection of trade secrets Accessibility of chemical information to the public Public distrust of hydraulic fracturing

Positive Impact Perceived Impact of Moratorium: New York No Impact Negative Impact Env Quality Public Health Political Debates Trust in Gov Econ Vitality

What Are Policy Actors Perceptions of the Appropriate Level of Government for Responding to these Problems?

100% 75% 50% 25% Preferred Level of Government for Mitigating Public Nuisances Colorado Federal Government State Government Local Government 0% Stop Continue Expand No Regulation

100% 80% 60% Preferred Level of Government for Mitigating Public Nuisances Texas Federal Government State Government 40% 20% 0% Stop or Limit Continue or Expand Local Government No Regulation

100% 75% 50% 25% Preferred Level of Government for Monitoring Water Quality Colorado Federal Government State Government Local Government 0% Stop Continue Expand No Regulation

100% 80% 60% 40% 20% 0% Preferred Level of Government for Monitoring Water Quality Texas Federal Government State Government Local Government No Regulation

How do policy actors compare in their capacity to use or mobilize different resources to achieve their goals?

Policy Actors Mean Level of Resources Colorado Texas New York Financial resources (staff) 2.2 2.5 2.6 1.8 2.8 2.2 2.4 Support from the media 3.2 3 2.9 2.8 2.6 2.9 2.8 Support from govt. officials 3.3 3.2 3.2 2.3 3.3 3.1 2.9 Support from the public 3 2.4 2.4 2.8 2.7 3.3 3.1 Technical expertise 2.6 2.6 2.3 3.2 3.6 3 3.1 1 = no capacity; 2 = Limited capacity, 3 = Moderate capacity, 4 = Substantial capacity

Who do policy actors regularly interact with to achieve their goals?

Percent of Policy Actors Interacting with the Following Actor Types: Colorado Texas New York Local Government 79% 63% 70% 58% 26% 61% 35% State Government 69% 81% 80% 48% 50% 25% 29% Federal Government 52% 51% 54% 36% 20% 10% 18% Oil & Gas Industry 42% 72% 87% 45% 69% 9% 46% Environmental Orgs. 79% 58% 52% 87% 37% 83% 27% Citizen groups 71% 37% 30% 81% 15% 83% 29% News Media 50% 35% 50% 81% 47% 53% 30% Academics 58% 35% 46% 60% 29%

Summary: How does the political landscape compare across Colorado, Texas, and New York?

Positions Positions and Problem Perceptions CO and TX less polarized than NY Environmental Problem Perceptions CO and TX share concerns about public nuisances Concerns about water competition are highest in TX All states polarized on surface and ground water contamination and air quality degradation Political Problem Perceptions All states share concerns about public distrust of the industry All states polarized on sufficient regulatory capacity and on conflicts between surface and mineral right owners Preferred Levels of Government Some agreement that local governments should regulate nuisances in both CO and TX

Impacts of State Policies on Resolving Problems Disclosure vs. Setbacks in CO More polarization about whether disclosure rule resolved problems Neither group agrees that the setback rule resolved problems Common concerns that neither rule has improved public trust Disclosure CO vs. Disclosure TX Similar polarized patterns between CO and TX Common concerns that the disclosure rules did not improve public trust De Facto Moratorium in NY Those against hydraulic fracturing see positive impacts on environmental issues and neutral impact on political/economic issues Those for hydraulic fracturing see neutral impact on environmental issues and negative impact on political/economic issues

Policy Actor Resources and Interactions Resources Available to Achieve Policy Goals Those in favor report more financial resources than those against in TX and NY and more technical resources in CO and TX Those against report more public support in CO & NY Interactions of Those Against Hydraulic Fracturing All states - frequent engagement with environmental orgs and citizens groups, plus: CO - frequent engagement with state and local government TX - frequent engagement with media NY frequent engagement with academics Interactions of Those In Favor of Hydraulic Fracturing All states frequent engagement with industry, plus: CO frequent engagement with state and local government

What are some of the lessons learned from other natural resource conflicts that can inform how we deal with debates over hydraulic fracturing?

Lessons learned from Other Natural Resource Conflicts More technical and scientific information is not always the answer, as it is often used as political salvo Start by understanding citizen priorities, values, and interests Learning can occur in professionalized forums Requires shared rules of transparency, negotiations, and representativeness Consensus is often undesired and negotiations are unlikely until there is a hurting stalemate Look for possible brokers to help and develop conflict mitigation strategies Threats, risks, and benefits of the issue spill across levels and jurisdictions of government Consider polycentric arrangements

Thank You Tanya Heikkila & Chris Weible Associate Professors School of Public Affairs University of Colorado Denver