[PASSED] Repeal "Restrictions on Hydraulic Fracturing"

[Goobergunchia]

History of this re-draft

This is a new draft of the previous draft "Repeal "Restrictions on Hydraulic Fracturing"" which was previously drafted by Cretox State with input from myself:

viewtopic.php?f=9&t=523838

As Cretox State has gone CTE and TNP colleagues and myself have not been able to reach him, after internal discussions I have decided to rewrite the entire resolution (to avoid plagiarism issues) and to re-introduce the entire repeal proposal.

Potential replacement

Most existing areas are already covered by other GA resolutions:

• protecting groundwater (GAR#223, GAR#441 and GAR#453 should amply cover all plausible scenarios).
• From the perspective of oil drilling, GAR#95, GAR#409 and GAR#510 should provide good protection already for offshore drilling (if you pollute the ocean, other nations may be affected - so this is not natsov).
• Purely onshore drilling (if it does not affect another nation) I believe this should be a matter of natsov.

Here's the proposed replacement:

viewtopic.php?f=9&t=529878

This covers the only scenario which is not covered by any of the existing resolutions: onshore (land based) mining and drilling near the borders of two (or more) member states. This assumes RNT so I am not writing anything about regulating the actual mining and drilling inside national boundaries - the member state doing the mining/drilling should be able to figure out how to protect its own environment.

Draft 2

The World Assembly,

Acknowledging the Assembly’s efforts to protect member states’ environment, ensure a safe water supply (GAR#223, GAR#441, GAR#453), and regulate oil drilling activities (GAR#95, GAR#409 and GAR#510);

Concerned that the targeted resolution, GAR#417 "Restrictions on Hydraulic Fracturing" fails to adequately regulate fracturing as a method of oil and gas extraction, and left open loopholes that impair effective regulations and impede proper governance, including the following key issues:

1. The target only covers fracturing that uses "pressurized liquids" and thus allowing any producer to adopt new technologies in non-liquid fracturing such as using natural gas, nitrogen, propane stimulation and pneumatic fracturing;
2. The target “[p]rohibits the practice of hydraulic fracturing… which are in or within close range of land inhabited” but with a significant qualifier on the said prohibition on its applicability "to the extent of that the practice" (i) “poses a demonstrably significant threat of contamination”, (ii) “harms the water resources demonstrably neccessary to ensure the health of local communities” and/or (iii) “poses significant risk of other strongly detrimental health effects”, without defining key terms such as "close range", “demonstrably significant threat” or water resources “demonstrably necessary” for health, and what constitutes “strongly detrimental health effects”;
3. The said resolution prevents member states from negotiating transboundary solutions on fracturing that would be mutually beneficial to states tapping into fields on both sides of a boundary, and forces members bordering non-members to restrict their own operations while allowing those non-members to frack at will;

Thus believing that conditions imposed by the target impede the Assembly from considering enhanced rules on oil and gas drilling, allow producers to easily get around existing rules, calling the effectiveness of the resolution into serious questions;

Hereby repeals GA 417 "Restrictions on Hydraulic Fracturing."

Draft 1

The World Assembly,

Acknowledging the Assembly’s long term efforts to protect member states’ environment and the health of their residents, including:

1. GAR#223 "Transboundary Water Use Act" which regulates the use of water and potential pollution across national boundaries;
2. GAR#441 "Convention on Freshwater Shortages" which block the disposal of hazardous waste into oceanic bodies, international waters, and the public drinking supply;
3. GAR#453, “Preventing Groundwater Contamination”, which protect member states’ groundwater resources by requiring land use regulations to avoid pollutants posing a threat to, and for broad protection of, groundwater resources;

Acknowledging that three other resolutions, GAR#95, GAR#409 and GAR#510, provide comprehensive regulations on drilling activities;

Thus positing that the aforesaid resolutions mean GAR#417 "Restrictions on Hydraulic Fracturing" is failing to achieving additional protection of water resources and the environment in general, and further that GAR#417 has left open loopholes that substantially reduce its effectiveness, including the following key issues:

1. The said resolution only covers fracturing that uses "pressurized liquids" and thus allowing any oil and gas producer to simply adopt to recent advances in non-liquid fracturing techniques such as natural gas, nitrogen, or other emerging technologies such as propane stimulation and pneumatic fracturing;
   
2. The said resolution provides a blanket ban on hydraulic fracking “within close range of land inhabited by populations” but only if significant threat to water resources and/or health can be demonstrated, but sadly lacking any regulations on such matters as operating practices in drilling, the broader environmental effects nearby, or even the impact on land not “within close range” of the fracturing operations (which was left undefined), such as seismic fault lines or large underground aquifers;
   
3. The said resolution prevents member states from negotiating solutions to transboundary pollution resulting from fracturing that would be mutually beneficial to both states, and forces members bordering non-members to restrict their own operations while allowing those non-members to frack at will;

Concerned that imposing restrictions on one particular technique of oil and gas extraction using one particular type of materials in certain circumstances near inhabited areas simply allows producers to easily get around such rules, with no discernable effects on protecting the water supply, the environment or provide a better path forward for member states in the multi-verse that require fossil fuels rather than more advanced forms of energy;

Hereby repeals GA 417 "Restrictions on Hydraulic Fracturing."

[Separatist Peoples]

"We support this. Hydraulic fracturing has been unfairly besmirched as an extraction method."

[Simone Republic]

*first bump*

[Tinhampton]

I've supported this the past several million times somebody has written this, so you know exactly what I think about this version......

[Kenmoria]

“Normally, I support environmental resolutions. However, your arguments here are very persuasive. On one grammatical point, I think that ‘provide a better path forward’ should be ‘providing a better forward’. Regardless, this has my full support.”

[Imperium Anglorum]

Full support in principle.

[Simone Republic]

“Normally, I support environmental resolutions. However, your arguments here are very persuasive. On one grammatical point, I think that ‘provide a better path forward’ should be ‘providing a better forward’. Regardless, this has my full support.”

I think I should simplify the whole paragraph altogether, after careful editing. It's really too wordy. I'd definitely go to a second draft before submission.

I've supported this the past several million times somebody has written this, so you know exactly what I think about this version......

I thought Cretox State's effort was far more viable and superior, but unfortunately given the untimely CTE, I had to re-write the entire resolution and inflict the GA with an inferior end-product. I am, to be frank, far less proficient in writing concisely.

[Simone Republic]

Second bump.

I've published a Draft 2 that is primarily a language clean up and to shorten the wording slightly.

[Tinhampton]

There is currently no replacement planned, I am not yet convinced that the GA actually needs to find a replacement

So why does your repeal text say that the target resolution "impede[s] the Assembly from considering comprehensive regulations to regulate fracturing?"

[Simone Republic]

There is currently no replacement planned, I am not yet convinced that the GA actually needs to find a replacement

So why does your repeal text say that the target resolution "impede[s] the Assembly from considering comprehensive regulations to regulate fracturing?"

I changed it to "considering enhanced rules on oil and gas drilling" already, in case anyone wants to do a rule on onshore gas drilling to correspond to #510 (offshore gas drilling). I am not convinced that there is a need for this but I am open to it, especially if there is an international angle.

Doesn't change the view that this resolution really needs to go.

[Simone Republic]

“Normally, I support environmental resolutions. However, your arguments here are very persuasive. On one grammatical point, I think that ‘provide a better path forward’ should be ‘providing a better forward’. Regardless, this has my full support.”

I've cleaned the text up a little bit and that line is now gone. Basically I think the flaws of this resolution are apparent enough.

[Office of WA Legislation]

The South Pacific recommends that you vote $FOR$ Repeal "Restrictions On Hydraulic Fracturing", by Simone Republic.

Please find the Office of WA Legislation's analysis of this repeal below, and make sure to upvote the OWL's recommendation dispatch.

This proposal aims to repeal GA#417: "Restrictions on Hydraulic Fracturing" for a number of oversights and flaws. Specifically, the target is argued to be overly narrow, in that it excludes fracking which uses non-liquid substances such as natural gas and propane-based fracking. The target's Section 2 is also argued to be too vague, as it fails to define relevant terms such as "close range", "demonstrably significant threat", or "strongly detrimental health effects". Finally, the target is argued to be too restrictive on member nations in "negotiating transboundary solutions on fracturing", especially in circumstances where member nations are restricted from fracking in sad borderzones while non-member nations are permitted to engage in unrestricted fracking in the same.

We believe these flaws to be significant, and to excellently argue for the need to repeal this target. The target is clearly problematic and ineffective, and the repeal demonstrates why. Much of the target is also redundant under past World Assembly law, such that the replacement "Borderzone Mining and Drilling" addresses the only cases which are not already covered well enough upon repeal of the target.

Thus, OWL recommends a vote FOR the at-vote resolution, "Repeal: 'Restrictions On Hydraulic Fracturing'".

This resolution will be at vote between midnight EST on March 17th 2023 and midnight EST on March 21st 2023.

[Therimenjas]

Notwithstanding the potential merits of the repeal itself, it is a concern of the Therimenjasian government that this repeal's concomitant deregulation would make our society considerably ruder and more unjust. The death rate would probably also go up. We cannot in good conscience support this, due to its likely domestic effects on passage, and we wish that other nations would turn against it.

[Underwater Sovereignties]

The administration of the Underwater Sovereignties strongly disapproves of all types of fracking, as an underwater entity, and asserts that the capacity of surface nations to undertake such activities must be strictly regulated, and, if possible, prohibited. Nonetheless, we acknowledge that the previously passed resolution fails to tackle certain significant loopholes that will potentially aggravate environmental concerns in the future. Ordinarily, we would oppose a repeal of this nature unequivocally. However, having thoroughly evaluated the justifications presented for the repeal, we have decided to support it.