Times Exposé Needs Our Attention

I hope that you have been reading the El Paso Times stories, especially yesterday's, about oil spills/runoff from oil industry platforms during the recent, devastating flooding in central Texas. It's not just oil but the fracking fluids which is probably worse. The Times followed up with an editorial to their first story. Times reporter, Marty Schladen, has done some great investigative journalism. It has been recognized nationally in pieces such as this one in Esquire.

It is egregious enough to have oil platforms spill toxic oil and fracking fluids into Texas rivers. What is even more appalling is that the Texas Department of Public Safety ordered the pictures of the spills to be taken off of the University of Texas web site once Schladen and the Times exposed what was happening. The TDPS said that the pictures had not been vetted for privacy. Yeah, sure. Don't expect the mis-named Texas Railroad Commission which regulates the oil industry to come to the rescue. 

Schladen reported what Lon Burnham, who ran unsuccessfully to become a member of the TRC, said about what's behind the censorship:

"He said that since the members of the Railroad Commission receive most of their campaign contributions from energy producers, they have little incentive to punish polluters — or even find that they’re polluting.


“'They don’t enforce,'” Burnham said. “'They don’t fine. But they do whine about needing more money from the Legislature.'”

I hope that the Times will do a follow-up about the Torchlight Energy Resources fracking platforms just across the city limits of El Paso in Hudspeth County during our monsoon season. No, the run-off of fracking fluids won't run into any rivers. However, they will spread a destructive sheen across the biocrust of the Otero Mesa/Diablo Plateau and seep into the ground. I say this especially noting that drilling there has been encouraging.

Local Communities Should Have the Right to Protect Themselves from Fracking

It's unusual for the Drudge Report and the Huffington Post to run the same news stories or even agree on the top story. However, this morning they both headline the same study and link to the same Los Angles Times story: Man-made earthquakes increasing in central and eastern U.S., study finds.

What's the story about? The USGS has mapped earthquakes that apparently are caused by fracking for oil and gas and injecting millions of gallons of the spent water (and noxious chemicals) back into the earth. (Be sure to look at the map and the charts in the story.)

In spite of the growing data that fracking (or, more probably, injection wells) cause earthquakes, cities such as Denton, Texas may be denied the right to protect themselves from this dangerous technology. As posted yesterday, HB 40 is racing through the legislature of Texas, the state sponsored by the oil and gas industry. HB 40 would ban banning and take the right of local communities to protect themselves away and give it to the Texas Railroad Commission - the cronies of the oil and gas industry.

Texas prides itself as a state that enshrines the right of anyone to bear arms and to use those arms to protect life and property. Yet, the right of citizens to protect themselves against the greed of the oil and gas industry is disallowed.

With fracturing trumping democracy and corporations slurping up water from local communities, one wonders how long it will be until those rifles come off the racks of pick-up trucks and den rooms.

Owl Mine Won't Be Filled In After All

Barn owlets nesting at the top of the shaft last July

Yesterday, I wrote the following in a message to our Sunrise Hikers:

As hikers, many of us know what some call “Owl Cave”. It is an old mine just south of Transmountain Road on the west slope of the ridge above Fusselman Canyon. We began calling it Owl Cave because it is the habitat of some barn owls. Here is a picture of owlets who were recently nesting inside of the steep vertical shaft that joins the horizontal shaft.

Sadly, it has been learned that the Texas Railroad Commission wants to fill in the mind. TRRC is responsible for abandoned mines in Texas and they either remediate (waste banks, etc.) or close (shafts, adits). As you each know they put in the iron grates at the tin mines to allow continued entry and protect anyone from falling. Why can’t they build a railing at Owl Cave? No one has ever fallen in to my knowledge.

Owl Mine is not only a bird habitat and an interesting feature in the State Park, it is an historic site in the history of mining in our region.

If you want to preserve it, email Dr. Cesar Mendez (the Franklin Mountains State Park Superintendent) who is dealing with TRRC about this matter. His email address is: Cesar.Mendez@tpwd.state.tx.us. Tell him you don’t want to see the mine filled in because it is an important wildlife habitat, an interesting feature in the Park and an historic site in the annals of mining in the El Paso area. A protective railing and some simple signage would ensure safety and allow barn owls to continue to use the shaft. No one has lost his life. Not one single person. Besides in this time of deep budget cuts, destroying this historic mine and owl habitat seems to be quite a waste of our taxpayer money.

Looking up the mine shaft

It turns out that the information I had been given was somewhat inaccurate. Dr. Cesar Mendez responded with this clarification:

Thanks for your letter expressing your concern about the closing of the mine shaft located on the western slope of Franklin Mountains State Park. I noticed that the information that is circulating is inaccurate. The mine shaft will not be filled. The top hole of the shaft will be protected with a cable net. The bottom access will continue to be open. At the park level, our main priority is the safety of the public. The closing of the mine is a preventive measure. Certainly there are no records of anyone that has fallen or died in this shaft, so we want to keep this record blank. There is an old saying in Spanish “Después de ahogado el niño, a tapar el pozo”, meaning “after the child has drowned, cover the well”. It would be late if the shaft is closed after somebody dies. Because no fatalities have occurred yet, does not mean that they could not occur if the shaft is left open. It is foreseen that more people including children and young adults explore and use the park in the upcoming years, particularly in this growing and expanding urban setting. A railing and signage may not be enough preventive measure to protect the public from a fatal fall. What would we tell the mother of the kid that accidentally slipped or intentionally sneaked under or above the railing and fell in the shaft? The closing of the shaft is obviously a decision that has taken into consideration many factors. The project does not call for destroying this historic mine, but to make it a safer place for the public. Park users that want to learn more about mining activities in the Franklin Mountains will have a safer visit to this site. The project was intentionally delayed to allow the Barn Owls complete their breeding period. Barn Owls are relatively common birds in this area and there are many other potential nesting sites within the state park and its vicinity. I am sympathetic with your concern about the wildlife; however this project will not have an impact on the population of Barn Owls in the area, other than the brief impact on that particular nesting pair. They will likely find another suitable nesting site nearby. Finally, I have passed this concern to the Rail Road Commission of Texas, ultimately they are in charge of making abandoned mines a safer place to the public.

Respectfully,

Cesar Mendez, Park Superintendent

Texas Parks and Wildlife Department

Franklin Mountains State Park

1331 McKelligon Canyon Road

El Paso, Texas, 79930

Ph: 915-566-6441 ext. 22 Fax: 915-566-1849