Responding to Investor Pressure, ExxonMobil Agrees to Disclose Fracking Risks

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ExxonMobil, the nation’s largest oil and gas company, will begin disclosing risks associated with shale drilling and fracking to investors, in response to a long-running campaign by a coalition ofย shareholders.

In February, the groups of investors in a handful of major oil and gas companies including Exxon, Chevron and EOG Resources, demanded for the fifth year in a row more information from companies about the risks associated with fracking. The motion won the support of over 30 percent of Exxon shareholders โ€” an unusually strong showing for a shareholderย resolution.

On Thursday, the investorsโ€™ coalition announced that Exxon was the first company to agree to disclose risks. The company will publish a report by September that will describe frackingโ€™s potential harm to air quality, water and roads, as well as risks associated with the chemicals used. Exxon agreed to follow criteria identified in a 2013 report, cited by the coalition and called Disclosing the Facts: Transparency and Risk in Hydraulic Fracturing Operations, in which Exxon received a failing grade for itsย transparency.

โ€œWe have seen the significant risks that come from hydraulic fracturing activities,โ€ said New York City Comptroller Scott M. Stringer, custodian and investment advisor for the New York City Pension Fundsโ€™ $144 billion in assets, including $1.02 billion in ExxonMobil stock. โ€œCorporate transparency in this arena is truly necessary for assessing risk and ensuring that all stakeholders have the information they need to make informedย decisions.โ€

However, Exxonโ€™s first report will not disclose data on methane leaks โ€“ information that shareholders argued strongly should be made public. Natural gas is primarily made of methane, a potent greenhouse gas that has climate changing effects over 80 times more powerful than carbon dioxide during the first two decades after it escapes to the Earthโ€™sย atmosphere.

Some environmentalists question whether Exxon’s report will represent much of a step forward. Bloomberg reported that much of the companyโ€™s disclosures โ€œwill be comprised of data and analyses Exxon has published in publicly available filings or the corporate website,โ€ citing an interview with Exxon spokesperson Alanย Jeffers.

Shareholder groups say they will vigorously monitor the quality of Exxonโ€™s report. โ€œIt does feel like Exxon is changing the way it’s doing business,โ€ Danielle Fugere, president of shareholder coalition member As You Sow, told the Wall Street Journal, adding that if Exxonโ€™s disclosures are incomplete, โ€œwe did reserve our right to bring a resolution nextย year.โ€

Researchers have long criticized the quality of the data the oil and gas industry voluntarily makes public. After intense pressure from Congress, environmentalist and the media, the oil and gas industry published a website called FracFocus that provides information on chemicals used by the industry and ostensibly represented a step towards transparency. But a Harvard Law School assessment last year of the website concluded that the site has โ€œserious flaws,โ€ is not vetted, and should not be relied upon by the government or theย public.

Still, Thursdayโ€™s move represents a major shift in Exxonโ€™s approach to talking about risks. In 2011, in response to investor complaints that the company failed to supply sufficient information about fracking risks, Exxon CEO Rex Tillerson flatly responded โ€œYouโ€™re justย wrong.โ€

Mr. Tillerson, it should be noted, has first-hand experience with the risks associated with the shale gas boom. In Februrary, he made headlines for joining a lawsuit opposing the unsightly expansion of his own industryโ€™s infrastructure into his wealthy Bartonville, TX neighborhood, citing the โ€œnoise nuisance and traffic hazardsโ€ as a possible threat to propertyย values.

Energy industry consultants have long warned the drilling industry against a strategy that downplays the hazards of oil and gas extraction. For years, the industry contended that there were no documented cases where fracking contaminated groundwater, despite significant proof to theย contrary.

โ€œThe public is skeptical of anything we say,โ€ Tisha Conoly-Schuller, President and Chief Executive Officer of the Colorado Oil & Gas Association warned executives gathered at a shale industry conference in Colorado in 2011. Indeed, 49% of Americans surveyed by the Pew Research Center opposed fracking in September 2013, a sharp spike from the 38% opposed in March of thatย year.

Exxon is also changing its tone on the broader risks associated with climate change. This week, Exxon also released a report delving into the potential concerns that climate change poses for the companyโ€™s investors and how the company plans to manage those risks. That report, issued on Monday, was also the result of shareholder activism by As Youย Sow.ย 

The jury is out on whether Exxon’s recently announced report is a publicity stunt or an actual reckoning with the need for public disclosure ofย risks.

โ€œWe understand people have concerns. This activity (fracking) is somewhat new and not understood in some parts of the country,โ€ Exxon spokesman Alan Jeffers told Reuters. โ€œPeople want more information and the more they know, theย better.โ€

Photo Credit: Definition of the word Risk, underlined with red marker, viaย Shutterstock.

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Sharon Kelly is an attorney and investigative reporter based in Pennsylvania. She was previously a senior correspondent at The Capitol Forum and, prior to that, she reported for The New York Times, The Guardian, The Nation, Earth Island Journal, and a variety of other print and online publications.

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