Congressmen Henry A. Waxman (D-Calif.) and Edward Markey (D-Mass.) are asking for more information about the chemicals used to extract natural gas wells.

Urban gas well outside a mall in North Texas

Today, the two lawmakers sent letters to eight oil and natural gas companies requesting details of the ingredients used in hydraulic fracturing, a method of accessing natural gas deposits by blasting or fracturing the rock with a high pressure injection of water treated with chemicals.

The practice has come under scrutiny as natural gas drilling for shale deposits has encroached upon urban areas and watersheds in Texas (in the Barnett Shale region) and in the Northeast (the Marcellus Shale region). A  2005 law exempted oil companies from disclosure of the contents of their “fracking fluid” formulas after Halliburton convinced the Bush Administration the formulas should be proprietary and Congress slipped in an amendment to an energy bill.

This exemption to the Clean Drinking Water Act, known as the Halliburton loophole, has left the public in the dark about the current mix of chemicals used in fracturing, and in affected regions, many residents are concerned that natural gas operations could contaminate the air and underground water supplies. (A house bill has been introduced to repeal the loophole, The Natural Resources Defense Council is running a campaign where citizens can register their support for lifting the exemption.)

Benzene, a known carcinogen, is one chemical typically used in  fracking operations. Dozens of other toxic chemicals are employed. In an earlier request to Halliburton, BJ Service and Schlumberger, Waxman and Markey found that Halliburton and BJ were using toluene, ethylbenzene and xylene — all of which are considered environmentally harmful.

The response to that earlier request also revealed that the companies were using seven diesel-based fluids, potentially in defiance of a voluntary agreement with the EPA to not use those pollutants, according to a press release from Waxman’s office.

“Hydraulic fracturing could help us unlock vast domestic natural gas reserves once thought unattainable, strengthening America’s energy independence and reducing carbon emissions,” said Waxman, chairman of the House Committee on Energy and Commerce, in a news release.

“As we use this technology in more parts of the country on a much larger scale, we must ensure that we are not creating new environmental and public health problems.  This investigation will help us better understand the potential risks this technology poses to drinking water supplies and the environment, and whether Congress needs to act to minimize those risks.”

“Natural gas can play a very important role in our clean energy future, provided that it is produced in a safe and sustainable way,” said Markey, chair of the subcommittee on Energy and the Environment.

The natural gas industry has argued that regulation of fracking fluids is not needed because the vast majority of fluids are removed from the well and systematically disposed of. A recent report by ProPublica, however, challenged that contention, citing  industry experts who told ProPublica that 85 percent of the fluids used remain in the ground.

The Congressional requests for additional information sent out today are going to Halliburton, BJ Service, Schlumberger and five other companies providing services in the natural gas field, Frac Tech Services, Superior Well Services, Universal Well Services, Sanjel Corporation, and Calfrac Well Services.

The Environmental Defense Fund praised Waxman and Markey for their efforts to drill for more info.

“We commend Chairman Waxman and Subcommittee Chairman Markey for this important step. There is no reason that gas producers need to run roughshod over the environment in order to increase natural gas supplies,” said EDF Senior Policy Advisor Scott Anderson.

“Because the problem of global warming is so severe and the time for action so short, all low and lower carbon energy options, including natural gas, should be considered as part of the nation’s energy mix, but only if such options can be accomplished without significant adverse health or environmental impacts.”

Copyright © 2010 Green Right Now | Distributed by GRN Network

Call it the Texas two-step.

Just after Texas Governor Rick Perry filed a lawsuit against the EPA on Tuesday, questioning the federal agency’s authority to regulate greenhouse gases, Texas environmental groups parried back.

Texas’ Public Citizen and the Lone Star Chapter of the Sierra Club announced they were issuing Perry a citizen citation to “cease and desist endangering the health of breathers, the economy and the climate in Texas by continuing to permit coal plants and other large sources of CO2.”

The groups explained in a joint news release from Tom “Smitty” Smith, director of Public Citizen’s Texas Office, and Ken Kramer, director of the Lone Star Sierra Chapter:

“This morning, Gov. Rick Perry attempted to show Texas voters that he is bigger than both Texas and federal law by filing a lawsuit challenging the Environmental Protection Agency’s (EPA) finding that carbon dioxide and other greenhouse gases endanger public health. Instead, he just further highlighted his failure to protect Texans’ health and the safety and long-term stability of our economy and climate.

“Instead of suing the EPA, Perry should be taking proactive steps to reduce greenhouse gas emissions and build up our clean energy economy. Perry likes to brag about his accomplishments in promoting wind and energy efficiency and the emissions Texas has avoided as a result, but he is also hammering through a second Texas coal rush that will negate all that hard work and add 77 million tons of CO2 to Texas’ already overheated air.”

The statement argued that Texas law requires the regulation of air pollution, defined as “air contaminants” in Texas state code.

These contaminants, according to Texas’ Health and Safety Code, include “radioactive material, dust, fumes, gas, mist, smoke, vapor, or odor, including any combination of those items, produced by processes other than natural.”

“Perry has proudly demonstrated willful ignorance of this portion of Texas law time and time again, and has ordered state agencies such as the TCEQ to ignore it as well,” the two environmental leaders said.

For more on the petition filed by Texas against the EPA see Texas challenges EPA’s designation of greenhouse gases as harmful.

Texas Gov. Rick Perry, and the state’s Attorney General and Agriculture commissioner, announced Tuesday that the state will challenge the EPA’s 2009 finding that greenhouse gases are endangering human health.

Texas has filed a Petition for Review of the EPA’s finding with the U.S. Court of Appeals for the D.C. Circuit , questioning the science behind the EPA’s finding and whether the agency should be allowed to regulate industries’ greenhouse gas emissions.

The move follows a similar one by the U.S. Chamber of Commerce last week, when the Chamber filed a petition against the EPA to stop the agency from regulating greenhouse gases. The Chamber says it favors greenhouse gas reductions, but that giving the EPA the authority to assess fines against polluters is the “wrong way” to do it.

The EPA responded to the Texas filing with this statement from Dr. Alfredo “Al” Armendariz, EPA Regional Administrator for Region 6:

“Todays action is not surprising. Texas officials have repeatedly expressed opposition to the EPA’s common sense approach to begin reducing harmful greenhouse gases. Texas, which contributes up to 35 percent of the greenhouse gases emitted by industrial sources in the United States, should be leading the way in this effort. Instead, Texas officials are attempting to slow progress with unnecessary litigation.

“EPA is confident the endangerment finding, which was issued as a result of a 2007 Supreme Court decision, will withstand legal challenge.”               

Both the Texas petition and the one filed by the U.S. Chamber express concern that regulating greenhouse gases — or in the case of the Chamber’s suit, assessing fines to violators –  will be costly for businesses.

Perry’s suit, filed in the U.S. Court of Appeals, specifically cites industries that depend on fossil fuels and the livestock industry.

“This legal action is being taken to protect the Texas economy and the jobs that go with it, as well as defend Texas’ freedom to continue our successful environmental strategies free from federal overreach,” Perry said in a news release.

The EPA officially deemed greenhouse gases to be a threat to human health in 2009 after the U.S. Supreme Court found that the Bush Administration’s reasons for not regulating these pollutants to be insufficient. The EPA is charged with regulating air pollution under the Clean Air Act.

Environmental Defense Fund Texas Regional Director Jim Marston said Gov. Perry’s action against the EPA represents a step backwards for Texas.

“The lawsuit filed by Governor Perry is asking the Environmental Protection Agency to ignore the Supreme Court’s decision in U.S. vs. Massachusetts. Their action invokes memories of a sad time in Texas history from the ’50s, when Texas politicians sought to nullify decisions of the U.S. Supreme Court. Not only is it legally unsound, it puts Texas on the side of the 1950s economy, against the clean energy economy of the future.”

Perry and his co-filers, Texas Attorney General Greg Abbott and Agriculture Commissioner Todd Staples, criticize the EPA’s “endangerment finding” on greenhouse gases, saying that the EPA wrongly relied heavily on the findings of the Intergovernmental Panel on Climate Change, which has recently come under fire for having miscalculated or exaggerated some of the effects of global warming. For instance, a finding that the Himalayan glaciers would be gone in a few decades turned out to be based on one scientist’s estimation, and not any peer-reviewed study.

Leaders with the global alliance of scientists, however, have defended the panel’s basic conclusion that the world is warming, pointing to Arctic ice melts and rising seas.

But Texas Attorney General Abbott says that controversies around the IPCC call into question the EPA’s greenhouse gas position.

“With billions of dollars at stake, EPA outsourced the scientific basis for its greenhouse gas regulation to a scandal-plagued international organization that cannot be considered objective or trustworthy,” Attorney General Abbott said.

According to the Texas news release,  “the International[sic] Panel on Climate Change (IPCC)… has been discredited by evidence of key scientists’ lack of objectivity, coordinated efforts to hide flaws in their research, attempts to keep contravening evidence out of IPCC reports and violation of freedom of information laws.”

The EDF defends the EPA, however, saying the agency drew on science from many sources, such as NOAA and the USDA, not just the IPCC.

“Some of the challengers have claimed that the scientific underpinning for EPA’s action is weak. In fact, EPA’s decision is based on a two hundred page synthesis of major scientific assessments by the U.S. Climate Change Science Program, the U.S. Navy, the U.S. Department of Agriculture, the National Research Council, the National Oceanic and Atmospheric Administration, the National Aeronautical and Space Administration, the U.S. Fish and Wildlife Service, the Centers for Disease Control and Prevention, the U.S. Geological Survey, the Intergovernmental Panel on Climate Change, the Arctic Climate Impact Assessment, the National Snow and Ice Data Center, the NOAA National Climatic Data Center, CNA Corporation, and others.”
(The EPA “Technical Support Document for the Findings” is available at the EPA website on climate change.)

The EDF statement also notes that the U.S. Chamber has fought the Clean Air Act before, in 1997, when the EPA moved to regulate particulate and ozone pollution.

Then, the Chamber claiming that it would harm manufacturers, farm interests, cement makers, auto manufacturers, the pulp and paper mill industry, petroleum refiners, iron and steel firms, home builders, mining interests, and power companies, the EDF said.

“Today, millions of Americans have been protected with healthier air and the science is only more compelling in documenting the harm from particulate and ozone pollution.”

In its current petition against the EPA’s regulation of greenhouse gases, the Chamber says it would favor a Congressional bill on climate change over direct government regulation.

“The right way” to regulate carbon pollution, according to the Chamber’s news release “is through bipartisan legislation that promotes new technologies, emphasizes efficiency, ensures affordable energy for families and businesses, and defends American jobs while returning our economy to prosperity. ”

The House of Representatives passed a bill to address climate change last summer, but the Senate has remained stalled on the issue for months.

The Texas Workforce Commission (TWC) and the Environmental Defense Fund, with the support of The Meadows Foundation have developed the Texas Green Jobs Guidebook.

The project highlights that in an emerging green energy economy, green means dollars. There are more than 200 green jobs listed in the guidebook, as well as specific training and education opportunities across Texas, and the list is expected to grow. Green is not a short term trend, but a fundamental shift in political, corporate, and personal decision making, according to those advocating for green jobs.

In Texas, $6 million from the American Recovery and Reinvestment Act of 2009 set aside for energy and weatherization programs is expected to fuel the green  job market. New bills awaiting review in Congress, such as the existing Clean Energy Jobs and American Power Act, pending in the U.S. Senate, could further that job growth.

“Texas is the energy capital of America,” said Kate Robertson, author of the Texas Green Jobs Guidebook and an energy efficiency specialist for the Environmental Defense Fund. When most people think of energy opportunities in Texas they think of oil, but that is rapidly changing.  Texas is the number one producer of wind energy in the country, providing opportunities all around the state, especially in West Texas where most wind farms are located. In Austin, solar energy is a fast-growing jobs sector.

From green construction to energy conservation, the green job market is vast, and the jobs listed in the guidebook reflect that, encompassing these areas:

• Clean Energy
• Solar Power
• Wind Power
• Geothermal Power
• Biogas
• Biomass
• Hydrogen Power
• Hydroelectric Power
• Green Building
• Transportation
• Waste Management
• Water Resources
• Conservation and Planning
• Environmental Research and Monitoring
• Advocacy

Also, while many green jobs are relatively new, they typically have strong local ties and cannot be outsourced overseas, providing some job security.

Copyright © 2010 Green Right Now | Distributed by GRN Network

Turbines spin on the Texas Panhandle (Photo: Sandia National Laboratories)

The 9,922 new megawatts (MW) installed in the U.S. last year expanded the nation’s wind plant fleet by 39 percent and brought the total wind power generating capacity in the U.S to over 35,000 MW, according to the American Wind Energy Association. U.S. wind projects now generate enough to power the equivalent of 9.7 million homes.

America’s wind power industry will avoid an estimated 62 million tons of carbon dioxide annually, equivalent to taking 10.5 million cars off the road, and will conserve approximately 20 billion gallons of water annually, which would otherwise be consumed for steam or cooling in conventional power plants.

Based on AWEA data, you can only conclude that Texas blows. A lot. The state dwarfs all others with 9,410 of installed wind power. But in 2009, Washington pulled ahead of Minnesota in the ranking of the top five states by wind power installed (in MW):

1. Texas — 9,410
2. Iowa — 3,670
3. California — 2,794
4. Washington — 1,980
5. Minnesota — 1,809

Source: American Wind Energy Association

The City of Houston and Reliant Energy are launching a program to bring plug-in hybrid electric vehicles to the streets of Houston, to demonstrate the important role that electric cars can play in the city’s clean energy future.

Under the program, called the “Power of the Plug-In,” 10 city-owned Toyota Prius cars will be converted to plug-in hybrid electric vehicles and 10 vehicle-charging stations will be installed to power them. The Power of the Plug-In is designed to raise consumer awareness and education about plug-in electric cars and to promote Houston and Texas as an electric vehicle center. Seven of the 10 stations will be available to the public, representing the largest public charging infrastructure in Texas, the city said.

“We’re committed to making Houston the nation’s green energy capital,” Houston Mayor Bill White said in a statement. “That commitment begins at City Hall and these clean-running electric cars and the charging stations that will be available to all Houstonians will get us farther down that road.”

The 10 Reliant-provided charging stations will be located around Houston, with public stations at City Hall, the Health Department office at 8000 Stadium Drive and at the Mayor’s Citizens Assistance Office at 9615 Rustic Wood in Kingwood. Reliant chose Campbell, Calif.-based Coulomb Technologies, Inc. to provide its ChargePoint Networked Charging Stations. Coulomb is a leader in networked electric vehicle charging infrastructure and its network will enable the city to administer consumer access to the public stations.

The 2009 Toyota Prius hybrids that will be converted are already used extensively by the city. The plug-in conversion module is the Hymotion L5 provided by A123 Systems, a leader in development of lithium-ion batteries for use in electric cars.

The converted plug-in hybrid electric vehicles can deliver up to 100 miles per gallon, helping to improve air quality and reduce greenhouse gas emissions. Studies show plug-in hybrid electric vehicles with a 20-mile electric driving range can reduce vehicle carbon dioxide emissions by up to two thirds depending on the generation source for the vehicle’s electricity when compared with traditional gasoline-powered vehicles.

“We envision thousands, if not hundreds of thousands, of electric cars on our roads in the coming years, making Houston’s air cleaner and the city greener,” Reliant Energy President Jason Few said in a statement. “Our pilot project gives both Reliant and the City of Houston the opportunity to learn more about the performance of electric vehicles and the needs of drivers while promoting consumer awareness and education about plug-in electric cars. Reliant is committed to making Houston and Texas the electric vehicle capital of the United States. We think big in Texas and we have big plans.”

Electric vehicles also provide long-term affordability, city officials said. While electric cars generally cost more to purchase, largely due to the high cost of lithium-ion batteries, the vehicles do not require typical engine maintenance, such as oil changes. Electric vehicles are also less expensive to operate because electricity costs less on a per-mile basis than gasoline.

Last week, Reliant and Nissan announced they have reached an agreement to work together to make Houston a launch city for the broader use of electric vehicles by the American public, businesses and public organizations.

The companies said they will advocate for policies that make it easy for consumers to make the switch from gasoline to electric-powered vehicles and will work together to establish the infrastructure of charging stations needed to support a critical mass of electric vehicles.

Fact: America has an abundance of food.
Question: So why does anyone go hungry in this country?

A potato gleaning in Virginia (Photo: Society of St. Andrew)

Armed with this simple thought, the Society of St. Andrew (SOSA) took up the cause of feeding the hungry in 1979 with the idea of gleaning fields for salvageable produce.

“We do this in two says,” says Carol Breitinger, communications director. “We use volunteers in the field for hands-on gleaning, or we send out trucks to pick up surplus crops that farmers can’t use and would just end up in the landfill.”

Once SOSA obtains the produce, they distribute to food pantries around the country. Breitinger says they salvage 20 to 25 million pounds of food a year with the help of 30,000 to 35,000 volunteers. The volunteers come from church groups, schools, scout troops, and even from the people who need the food.

Becky and Dave Aduddell of Wake Forest, N.C., are two of SOSA’s veteran volunteers. “We’ve been doing this for five or six years now,” says Dave, who is a web programmer for a local community college by day and a bass player by night. The couple was hooked after a friend who was gleaning introduced them to the concept. “It sounded like such an eminently logical idea that we joined him very shortly after he started.”

Gleaning a field in North Carolina (Photo: Society of St. Andrew)

“Our interest in gleaning stems from that great desire within each of us to ‘do some good.’ We like it because it is very concrete and tangible. Writing a check to a charity gives one a good feeling and a sense of satisfaction, but going out and working to glean, then delivering the produce directly to the recipients is a very concrete act.”

The Aduddells bring their gleaned crops to a public housing complex in the small town where they live.

The couple acknowledges that the gleaning process wasn’t a big stretch – both of them come from farming families. “While we didn’t grow up on a farm, we spent time doing farm work as kids, so this is a nice déjà vu for us,” says Dave.

In mid-October the Aduddells joined several hundred volunteers for the 19th annual Yam-Jam, sponsored by SOSA. The group salvaged unharvested sweet potatoes from a 50-acre field in rural Johnston County, North Carolina. The area had already been harvested by professionals. In addition to sweet potatoes, Becky says the group has collected corn, green beans, collards, tomatoes, watermelon, squash and blueberries.

“A good 20 percent of produce is lost in the fields,” says SOSA’s Breitinger. She says the USDA calculates that 96 billion pounds of food is wasted in this country before it gets to market.

Why do farmers leave good food behind? “Sometimes commercial growers must leave one field to move on to the next crop,” says Breitinger. Other times, the produce isn’t “perfect” enough for market – not quite the right size or color, but perfectly edible. Also, sometimes the farmer can’t afford to pay another crew to come through his fields again.

Gleaning a perfect cabbage in Virginia (Photo: Society of St. Andrew)

Farmer Leo Stallings says he has leftovers because there isn’t a big market for produce in Franklin County, the area of North Carolina where his farm is located. Stallings, who has been in the farm business for 40 years, grows a number of crops including sweet corn, beans, cantaloupe, collards, peas, squash and string beans. “This area is not very commercial. There are few markets. Growing is not a problem, but selling is. We don’t have a co-op to handle acres of crops.

“I try to plant about as much as I think will sell. But because the market varies, I often have leftovers.”

Stallings says SOSA volunteers come out in the summer and late fall to salvage his fields. He says he doesn’t mind giving it away. “I don’t want it to go to waste and they give us a tax credit for it.”

When large growers donate a tractor trailer load of food, SOSA might contact a group of volunteers, often a church group, to sponsor a “potato drop.”

“Imagine 45,000 pounds of loose potatoes dumped into a church parking lot,” says Breitinger. “Volunteers then put 10 to 15 pounds of potatoes into mesh bags. We contact the local food pantries to come to pick it up.”

A field monitor checks a gas meter for leaks. (Photo: Department of Energy)

From Green Right Now Reports

Pennsylvania Gov. Edward G. Rendell announced today that the first installment of $123 million in federal Recovery funds for weatherization will begin to be released Nov. 2, part of $253 million that the state will use for this purpose.

The Governor said the funding represents an unprecedented level of investment that will help to create new, “green” jobs, save money for struggling families, and stimulate local economic activity as weatherization agencies buy required material, vehicles and equipment.

“The weatherization program stimulates the economy in several ways,” Gov. Rendell said in a statement. “It saves money on energy bills for people who need it the most, and keeps those dollars circulating in local communities because families will be able to spend more on food, clothing and other necessities. It also will create new jobs in the growing ‘green’ economic development sector.”

Pennsylvania’s allocation of $253 million for weatherization from the federal American Recovery and Reinvestment Act is the fourth largest in the nation; only New York, Texas and Ohio received more. The money will be paid over three years.

Ohio technicians prepare to seal a roof prior to re-insulating an attic containing vermiculite. (Photo: Department of Energy)

In Ohio, the $266.8 million Recovery grant from the Weatherization Program is allowing the state to boost the energy efficiency of more than 32,000 homes. Adding insulation, sealing leaks and modernizing heating and air conditioning equipment will reduce energy costs for Ohio homeowners by an average of 24 percent. In general, the Weatherization Program allows for an investment of up to $6,500 per home in energy efficiency upgrades and is available to homeowners making approximately $44,000 a year for a family of four. The Department of has recognized Ohio as a leader in the weatherization program with 951 homes completed in July 2009.

Ohio allocated funds from the grant to local community agencies and other public and not-for-profit organizations. In addition, 54 independent contractors were hired to supplement existing contractors. It is estimated that by completion of the project at the end of March, 2012, 590 new positions will be created and 487 jobs retained.

The Texas Department of Housing and Community Affairs has awarded $288 million in federal stimulus funding to 66 cities, counties, and eligible nonprofit organizations across the state to weatherize the homes of an estimated 40,000 low income Texans. Overall, the state received $326.9 in weatherization funds, the balance of which TDHCA will award in 2010.

The Recovery Act provided approximately $314 million more in funds than what Texas typically administers each year for weatherization activities. By comparison, the state annually weatherizes approximately 3,700 homes using current funding levels of approximately $13 million.

Ocean waves near Freeport, Texas (Photo: National Weather Service)

Ocean waves off the coast of Texas may soon provide the first commercial wave power in the US to generate electricity and desalinate water.

Renew Blue Inc. said today that the Texas General Land Office has granted it the first-ever state off-shore wave energy lease. The company said it will use ocean water and waves to produce desalinated water; the first 100 percent fossil-fuel-free bottled water.

Renew Blue, a wholly owned subsidiary of Minneapolis-based Independent Natural Resources Inc., is the first licensing entity of SEADOG Pump, a technology that uses ocean waves to generate electricity. The company plans to operate in the Gulf of Mexico near Freeport, Texas, to produce 3,000 gallons a day of desalinated water and will bottle and distribute it under the brand Renew Blue.

This will be a small demonstration of what SEADOG Pump technology can do in providing electricity and clean water to regions all over the world that lack fresh water and energy but have an abundance of ocean waves along their coastline.

“Texas is proud to be the initial site of this wave-powered energy innovation,” Rene Truan, deputy commissioner for professional services at the Texas General Land Office, said in a statement. “Renewable energy production on the Texas coast means renewable revenue for the school children of Texas. The SEADOG Pump is another great example of the exciting opportunities that exist and that the Texas General Land Office is working hard to take advantage of.”

Renew Blue will place an off-shore modular platform about one mile off the coast of Freeport, in roughly 25 feet of water. The company said it expects the platform, which is currently being manufactured outside of Houston, to be installed in the fourth quarter of 2009 or the first quarter of 2010.

Independent Natural Resources Inc. said it sees major advantages in the SEADOG Pump system, which is powered solely by the wave energy it harnesses. The company says electric power accounts for 40 to 50 percent of the operating costs in the desalination process, meaning the new pump system should provide significant cost savings and minimal environmental impact compared to the large-scale use of power generated by fossil fuels.

“For the past seven years the SEADOG has been fine-tuned to produce this major accomplishment as the first commercial wave power generation in the US,” Mark A. Thomas, CEO of INRI, said in a statement. “We are thrilled to showcase the SEADOG to the world as an innovative yet simple technology illustrating the ability to extract wave energy at low cost, with high levels of efficiency resulting in immeasurable benefit to humankind.”

Whole Foods Market announced today that it purchased 776 million-kilowatt-hours of renewable energy credits from wind farms — equal to 100 percent of its electricity use in its North American operations. The company said nearly 90 percent of this year’s purchase will help fund E.ON Climate & Renewables’ recently-completed Texas-based Panther Creek wind farm.

The Panther Creek wind farm iis 50 miles east of Midland in Big Spring, Texas. It began operating in 2008, and its final phase of construction was recently completed. The project is built and operated by EC&R North America, a renewable energy developer headquartered in Chicago, with development offices in Austin and Denver. The remaining RECs come from a number of different wind farms in locations across the U.S. and Canada. The total purchase of 776,115,000 kilowatt hours, the largest to date by a U.S. retailer, was made in partnership with Boulder, Colo.-based Renewable Choice Energy.

“Support from companies like Whole Foods Market with partners like Renewable Choice Energy creates a valuable revenue stream for us that helps make new wind farms like Panther Creek possible,” said Dean Tuel, vice president of Energy Marketing for E.ON Climate & Renewables North America. “EC&R is developing a number of large scale wind projects in the U.S. over the coming years. Extra funding from renewable energy credit sales will play a crucial role in this growth.”

Whole Foods Market said the wind power purchase will help avoid up to 868 million pounds of carbon dioxide pollution. The environmental impact is similar to taking more than 72,000 cars off of the roads for a year, or planting nearly 3.6 million mature trees.

Exxon-Mobil Corporation, the world’s largest publicly traded oil and gas company, pleaded guilty in U.S. District Court in Denver to violating the federal Migratory Bird Treaty Act (MBTA) in five states during the past five years, the Justice Department announced.

The company has agreed to pay fines and community service payments totaling $600,000 and will implement an environmental compliance plan over the next three years aimed at preventing bird deaths on the company’s facilities in the affected states. According to papers filed in court, the company has already spent over $2.5 million to begin implementation of the plan.

The charges stem from the deaths of approximately 85 protected birds, including waterfowl, hawks and owls, at Exxon-Mobil drilling and production facilities in Colorado, Wyoming, Oklahoma, Texas and Kansas between 2004 and 2009. According to the charges and other information presented in court, most of the birds died after exposure to hydrocarbons in uncovered natural gas well reserve pits and waste water storage facilities at Exxon-Mobil sites in Colorado, Wyoming, Kansas, Oklahoma and Texas.

The company has entered into a plea agreement with the government, calling for guilty pleas to the five charges and a sentence of $400,000 in fines and $200,000 in community service payments. The fines will be deposited into the federally administered North American Wetlands Conservation Fund. The community service payments will be made to a non-profit waterfowl rehabilitation foundation in Colorado and the congressionally chartered National Fish and Wildlife Foundation, designated for waterfowl preservation work in each of the affected states. During a three-year probationary period, Exxon-Mobil also must implement an “environmental compliance plan” designed to keep birds from coming into contact with oily waters at its facilities in the five affected states.

“The environmental compliance plan that Exxon-Mobil has agreed to in this multi-district plea agreement is an important step in protecting migratory birds in these five states,” John C. Cruden, Acting Assistant Attorney General for the Justice Department’s Environment and Natural Resources Division, said in a statement.

The Migratory Bird Treaty Act, enacted in 1918, implements this country’s commitments under avian protection treaties with Great Britain (for Canada), Mexico, Japan and Russia. The Act creates a misdemeanor criminal sanction for the unpermitted taking of listed species by any means and in any manner regardless of fault. The maximum penalty for a corporate taking under the MBTA is $15,000, or twice the gross gain or loss resulting from the offense, and five years probation. The birds killed in the five cases include ducks, grebes, ibis, passerines, shorebirds, owls, martin and a hawk. None of these species is listed as endangered or threatened under federal law.

Migratory birds often land on open wastewater ponds at oil and gas facilities and become coated with, or ingest, fatal amounts of hydrocarbons discharged into the water during drilling or production operations. Such killings can be prevented by scrubbing the water of contaminants before discharge, removing the ponds, placing an obstruction such as netting or plastic “bird balls” over the water to prevent contact, or installing commercially-manufactured electronic hazing devices which detect incoming flights of migratory birds and deploy noise and lights to scare them away from the area. Exxon-Mobil’s environmental compliance plan will employ these techniques, tailored to each facility, to prevent future mortality.

The cases were investigated by Special Agents of the U.S. Fish and Wildlife Service and are being prosecuted by Senior Trial Attorney Robert S. Anderson of the Justice Department’s Environmental Crimes Section and Assistant U.S. Attorney Michael Carey of the District of Colorado.

“Teachers positively impact their students every year,” said Brian Hayduk, president of First Choice Power. “Energy is a growing issue, and today’s students are the key to its future. Classroom Energy Innovation Grants are one way we are doing our part to help support innovative learning.”

It’s simple to apply!

• Applications must be submitted online by the deadline, Sept. 15, to be considered for grants.
• Full-time Texas K-12 teachers and pre-K teachers with an early childhood license in communities served by First Choice Power are eligible.
• The application must include a project description, objectives, budget and evaluation.

For more information on applying for a First Choice Power Classroom Energy Innovation Grant, visit www.FirstChoicePower.com/innovation. The 2009 First Choice Power Classroom Innovation Energy Grant applications are available online and due Sept. 15.

“First Choice Power provides grants, resources and information to help Texans be more energy-efficient,” Hayduk said. “It’s good for you; it’s good for the environment; and it’s good for Texas.”

First Choice Power provides Reduce Your Use energy-saving tips to help Texans stay cool – and save energy. Visit www.FirstChoicePower.com/tips for no- and low-cost ways to save energy in every room and appliance this summer.