By: Rose Wilkinson, Article Editor

The potential environmental impacts of hydraulic fracturing (“fracking”) as they relate to human health have been discussed at great depth, but there are relatively few major federal laws governing fracking activities.[1] Paradoxically, much less has been written on the potential implications of fracking on endangered species of plants and nonhuman animals, but the Endangered Species Act (“ESA”) could serve as a strong legal tool for the regulation of fracking.[2] The U.S. Fish and Wildlife Service (“FWS”) now considers the potential effects of drilling activities when making listing determinations,[3] such as acknowledging that disturbance from drilling activities can displace polar bears or their primary prey.[4] When an endangered species may be harmed by fracking, drilling companies may be told to include meaningful mitigation measures in their conservation plans for “incidental take” permits under the ESA.[5]

Future development of greater numbers of fracking well pads can be expected to adversely impact endangered species, potentially triggering an increase in citizen lawsuits under the ESA.[6] Air and groundwater pollution from fracking activities can result in serious health problems in nonhuman animals, such as milk contamination, reproductive dysfunction, and mortality.[7] Plants can be adversely affected by this pollution as well.[8] Exposure to light and noise pollution emitted from active drilling can disrupt the communication systems and circadian cycles of various species of wildlife, which then leads to biological and behavioral consequences.[9]

Withdrawals of large quantities of water at fracking locations can also harm aquatic organisms by altering the flow regime, velocity, and temperature of springs, streams, and lakes; reducing the dilution effect; and increasing the concentration of contaminants in surface water.[10] Well site access roads and pipeline maintenance roads give vehicles access into areas of habitat not easily reached otherwise, increasing the potential for disturbance of plants and wildlife.[11]  The placement of well pads and construction of corresponding infrastructure can result in habitat fragmentation, which can harm species, such as the American Ginseng, whose seeds have difficulty dispersing from one forest fragment to another, and migratory animals, who must travel great distances each year to survive.[12] This inability to disperse can result in significant reproductive loss.[13]

It should be noted that a few species may actually benefit from fracking activity,[14] but any activity that harms our nation’s protected species of plants and wildlife could lead to criminal or civil penalties under the ESA.[15] From an economic standpoint, commercial oil and gas companies could benefit from understanding the business risks associated with drilling activities that may impact endangered species. Hopefully concerns over these risks will lead to the development of more efficient fracking methods that are beneficial to both human and non-humankind, including the less disruptive use of horizontal wells at existing pads[16] and the utilization of nontoxic fracking fluids.[17]