American Oil and Gas Reporter - September 2015 - 126

ConventionSection: Permian Basin Petroleum Association
process, USFWS "ignored its responsibility
to rigorously evaluate the expected future
benefits that could, and should, affect its
decision about the likely future condition
of the LPC," plaintiffs arguments state.
Court papers also show the plaintiffs
arguing that USFWS has applied the
wrong standard to evaluate the rangewide
plan and has held it to an "improper
and unachievable standard." According
to the plaintiffs, USFWS concluded that

even if the range-wide plan was sufficiently certain to be implemented and
effective, it could not influence the
listing decision unless it already had
eliminated threats to the species. USFWS
wrongfully assumed that listing the
species was a necessary incentive to
rangewide plan enrollments, court documents contend, but failed to explain
the rationale behind what PBPA and its
partners in the suit call a counterintuitive

assumption.
The agency concluded, plaintiffs argue,
that more companies needed to commit
to the plan, but USFWS failed to explain
how many companies it needed or how
that related to the species' actual threats.
They go on to argue that the plan and
conservation efforts demonstrate that industry participants will continue to improve
habitat conditions, increase populations,
and provide for the bird's long-term conservation.
Ultimately, the courtroom clash only
has begun, Campbell surmises. "There
will be many more filings and other
states, associations and organizations
have come together to fight the ESA listing," he says. "No matter the ruling, it is
going to take time."

Fracturing Finding
In June, PBPA received good news
when the U.S. Environmental Protection
Agency reported that its Assessment of
the Potential Impacts of Hydraulic Fracturing for Oil and Gas on Drinking Water
Resources, found no evidence that water
withdrawal, injection and other practices
employed in fracturing led to widespread,
systemic impacts on drinking water resources.
The finding should arm PBPA with
additional, factual, scientific arguments
about the safety and effectiveness of hydraulic fracturing, Robertson says. "The
industry is usually playing defense in
the area of public relations," he suggests.
"Often, when you are defending against
attacks concerning health and safety issues, those you are arguing against have
very loud voices but are not backed by
much science. We have to remember,
those are not the people we are trying to
educate and convince. It is important for
the industry to use this new information
in the right way and get it to the public,
so it's not a continued defensive fight,
but more of an offensive educational initiative. It provides us with solid information and science for an educational
platform."
Campbell says the EPA analysis reflects
what PBPA members already have known
from years of practice: Hydraulic fracturing
is a safe method of well stimulation that
has helped revolutionize U.S. oil and gas
extraction to benefit the entire nation.
"Protecting freshwater has more to do
with a casing and cementing program,"
he reviews. "The Texas Railroad Commission always has had proper procedures
126 THE AMERICAN OIL & GAS REPORTER



American Oil and Gas Reporter - September 2015

Table of Contents for the Digital Edition of American Oil and Gas Reporter - September 2015

Contents
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