Gillibrand Amendment (#48) would have closed the Halliburton Loophole
Amendment 48 was supported by Clean Water Action – Earthjustice – Earthworks – Environmental Integrity Project — League of Conservation Voters – Natural Resources Defense Council — Sierra Club – Western Organization of Resource Councils
Amendment 48 would allow EPA to regulate fracking (hydraulic fracturing) under the Safe Drinking Water Act.
Fracking (aka hydraulic fracturing) involves the injection of fluids, often containing toxic and/or carcinogenic chemicals, into oil or gas wells at very high pressure. These pressurized fluids are used to crack open the underground formation to allow oil or gas to flow more freely and increase production.
Fracking is occurring in approximately 35 states. According to The Wall Street Journal, more than 15 million Americans live within a mile of a well that has been drilled since 2000. Fracking is linked to contamination of drinking water in communities around the country, and state rules vary widely. Regardless of which state they live in, all Americans deserve to have their water protected by the Safe Drinking Water Act (SDWA).
Yet, in 2005, Congress exempted hydraulic fracturing from the SDWA to benefit Halliburton and other fracking companies. It’s time to reverse this hand-out to special interests.
Closing the Halliburton Loophole would not ban fracking, mandate a new process, or require disclosure of proprietary trade secrets or confidential business information.
Closing the Halliburton Loophole would allow EPA to provide a minimum federal standard to protect drinking water, prohibit drinking water contamination, and ensure better scientific understanding of the threats of fracking. Fracking is linked to drinking water contamination around the country, but every state has different standards with varied strength, effectiveness and enforcement.
For example, between 2008 and early 2014, Pennsylvania state regulators found 248 incidents where oil and gas companies damaged private water supplies. But according to state records, hundreds of other water complaints have undetermined causes or the causes have not yet been determined.
According to the U.S. Government Accountability Office, approximately half of the total U.S. population and 95% of our rural population obtain drinking water from underground water sources. Federal regulation is essential to ensure that there is a consistent federal standard to prohibit endangerment of drinking water sources.
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Senator Kristen Gillibrand (D – NY) offered Amendment 48 (remove the Halliburton loophole). Defeated 35 to 63.
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Senator Tom Udall (D – NM) offered Amendment 77 (renewable electricity standards). Defeated 45 to 53.
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Senator Heidi Heitkamp (D – ND) offered Amendment 133 (renewable energy tax credits). Defeated 47 to 51.
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Senator Ed Markey (D – MA) offered Amendment 178 (oil spill liability trust fund). Defeated 44 to 54.
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Senator Lisa Murkowski (R – AK) sponsored Senate Bill S.1, Keystone XL Pipeline Act. Adopted 62 to 36, as amended, at the end of the day on January 29, 2015.