California’s fracking ban goes into effect in October

The department filed its ban rulemaking package with the state Office of Administrative Law on July 15 for final review, the final step needed to formalize the rule that would prohibit CalGEM from issuing fracking permits for oil and gas wells.

“The purpose of this regulatory proposal is to protect life, property, public health and safety, and the quality of the environment, including reducing greenhouse gas emissions associated with the development of hydrocarbon resources,” CalGEM said in an emailed statement to CapRadio.

Fracking, also known as hydraulic fracturing, is a process in which water, chemicals and sand are injected into oil and gas wells at high pressure to increase production. It has long faced criticism from environmental groups because of the pollutants released during the process.

“Fracking is associated with massive air and water pollution and health problems,” said Kassie Siegel, director of the Climate Law Institute at the Center for Biological Diversity.

Gov. Gavin Newsom has initiated the regulatory actions necessary to phase out fracking permits in 2021. However, while the ban has not officially taken effect, California has not approved any fracking permits after that year.

Kyle Ferrar, director of the FracTracker Alliance’s Western Program, has been working on the issue for years. His organization studies the health risks of mining. He said that when CalGEM rejected fracking permits over the past two years, they cited concerns similar to those raised by groups like his own.

“Fracking permits have been denied on the grounds of unjustified climate risks from greenhouse gas emissions and their impact on local communities,” Ferrar said.

Once the ban is officially in place, California will join other states, such as Maryland and New York, in ending fracking. Siegel described it as a major step toward protecting Californians from contamination from wells, but there is still much work to be done.

“It is more important than ever that we ensure good, robust safeguards are in place for our air, water and climate to minimise the damage this deadly industry does by taking us out of business,” she said.

She added that another priority for many animal rights advocates like herself is addressing the issue of inactive and underperforming wells across the state, which further pose health risks to residents of neighboring communities.

That includes implementing a law requiring a 3,200-foot separation between oil and gas drilling and community lands. It was passed two years ago but was put on hold after oil and gas industry leaders called for a referendum. That referendum was recently pulled from the ballot, and Siegel said she looks forward to seeing it implemented in California.

“The Newsome administration has made historic, enormous progress in protecting California from oil and gas pollution,” Siegel said. “California’s health buffer law, which is back in effect, and this fracking ban are two shining examples of that progress.”

She said her organization also monitors implementation of the Orphan Well Prevention Act. The law, which took effect this year, requires companies interested in buying inactive or underperforming oil wells to set aside money to cover the costs of plugging, abandoning and restoring the well site. But Siegel said she and other environmental advocates have noticed a lack of enforcement of the act and will advocate for its use.