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Some refer to this as the
"Halliburton Loophole"

Halliburton frac fluid on a tractor
trailer near Buffalo, Pa.
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Key
paragraphs from the
ENERGY POLICY ACT OF 2005
SEC. 322. HYDRAULIC FRACTURING.
Paragraph (1) of section 1421(d) of the Safe
Drinking Water Act (42 U.S.C. 300h(d)) is amended to
read as follows:
‘‘(1) UNDERGROUND INJECTION.—The term ‘underground
injection’—
‘‘(A) means the subsurface emplacement of fluids by
well injection; and
‘‘(B) excludes—
‘‘(i) the underground injection of natural gas for
purposes of storage; and
‘‘(ii) the underground injection of fluids or
propping agents (other than diesel fuels) pursuant
to hydraulic fracturing operations related to oil,
gas, or geothermal production activities.’’.
SEC. 323. OIL AND GAS EXPLORATION AND
PRODUCTION DEFINED.
Section 502 of the Federal Water Pollution Control
Act (33 U.S.C. 1362) is amended by adding at the end
the following:
‘‘(24) OIL AND GAS EXPLORATION AND PRODUCTION.—The
term ‘oil and gas exploration, production,
processing, or treatment operations or transmission
facilities’ means all field activities or operations
associated with exploration, production, processing,
or treatment operations, or transmission facilities,
including activities necessary to prepare a site for
drilling and for the movement and placement of
drilling equipment, whether or not such field
activities or operations may be considered to be
construction activities.’’.

'Fracking
Convention' in Greene County, Pa.
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Public Citizen’s Analysis of the Domenici-Barton
Energy Policy Act of 2005
OIL & GAS REGULATORY ROLLBACKS
Section 322
"Exempts from the Safe Drinking Water
Act a coalbed methane drilling technique called
“hydraulic fracturing,” a potential polluter of
underground drinking water. One of the largest
companies employing this technique is Halliburton,
for which Vice President Richard Cheney acted as
chief executive officer in the 1990s. This exemption
would kill lawsuits by Western ranchers who say that
drilling for methane gas pollutes groundwater by
injecting contaminated fluids underground. Only 16
companies stand to significantly benefit from this
exemption from clean water laws: Anadarko, BP,
Burlington Resources, ChevronTexaco, ConocoPhillips,
Devon Energy, Dominion Resources, EOG Resources,
Evergreen Resources, Halliburton, Marathon Oil,
Oxbow (Gunnison Energy), Tom Brown, Western Gas
Resources, Williams Cos and XTO. These companies
gave nearly $15 million to federal
candidates—with more than
three-quarters of that total going to Republicans.
Moreover, the 16 companies spent more than $70
million lobbying Congress.
Source:
Public Citizen
www.citizen.org
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Halliburton truck in
Hundred, West Virginia
September 30, 2007
photo
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