OUTDOOR Forum at canaaninstitute.org

[Mike_L]

Urgent: invitation to an important event


You are receiving this message because you care about the Finger Lakes Region. A Missouri owned corporation, Inergy LP, plans to transform this region into the gas storage and transportation hub of the Northeastern United States, storing Liquefied Petroleum Gas in depleted salt caverns around Seneca Lake, and using up to 70,000 truck trips per year and thousands of rail trips to transport the stored gas. Can our bucolic region and this industry co-exist? Watch the video:

http://link.brightcove.com/services/player/bcpid1079049304?bctid=75891229001

See Inergy's website:

http://www.inergylp.com/midstream/index.asp

read an industry publication:

http://www.lpgasmagazine.com/lp-gas-content/salt-earth

If you are interested in learning more about this project, there will be an informational presentation on Thursday, April 14th at the Watkins Glen High School auditorium. Attached please find a flier for this event. Below please find additional information for your perusal.

Thank you, I hope to see you then.

Sincerely,
Yvonne Taylor
-property owner in Schuyler County

http://www.dcbureau.org/201010181243/Bulldog-Blog/the-marcellus-shale-play-a-reporters-peaceful-retreat-becomes-a-natural-gas-industry-target.html

http://www.dcbureau.org/201102071296/Natural-Resources-News-Service/new-york-state-to-require-environmental-impact-statement-for-large-scale-lpg-storage-in-ny-watershed.html
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Michael Ludgate - forum administrator
The Canaan Institute http://www.canaaninstitute.org/

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[Mike_L]

From: Catskill Mountainkeeper

====================

THIS IS THE BIG ONE!
PLEASE JOIN US IN ALBANY ON MONDAY APRIL 11TH
FOR A RALLY TO PREVENT UNSAFE GAS DRILLING

WE NEED TO WAKE UP ALBANY! WE NEED TO MAKE OUR VOICES HEARD!

Come out with thousands of New Yorkers and let Albany know we will not let our air, our water and our communities be overrun by industry. This event is the biggest collaboration of groups working to protect New York from dirty drilling.

WHAT: Fracking Day of Action!

WHEN: Monday, April 11, 2011
Rally on the Capitol Lawn at 10:30 am
Visit with legislators until 4pm

WHERE: NYS Capitol, Albany, NY

If you plan to attend the rally, please wear blue to signify the need to protect New York’s water.


If you are interested in lobbying your respective Legislator, please send an email to hydrofracking@citizenscampaign.org to be placed on a wait list as the offical registration for lobbying is closed.


Catskill Mountainkeeper has secured two buses to transport people to the rally on April 11th. For more information and to register for the buses click the appropriate links below:

Bus from Callicoon
Bus from Oneonta

There are also buses coming from other locations.

For a bus from Brooklyn contact Eric Weltman from Food & Water Watch at (718) 943-9085 or eweltman@fwwatch.org.

For more information and to register for buses from Syracuse, Endicott or Ithaca, click here.

From Cooperstown, please contact Kim Jastremski kimjast@yahoo.com for carpooling contacts.

Please join us and pass this information along to your friends and neighbors. The more people that show up for this event, the greater the impact we will have on our government officials. We need them to know how passionately we feel about this issue.

The following organizations are sponsoring the Rally & Lobby Day on April 11th:
Sponsoring organizations (list in formation): Back to Democracy, Binghamton Regional Sustainability Coalition, Catskill Citizens for Safe Energy, Catskill Mountainkeeper, Citizens Campaign for the Environment, Committee to Preserve the Finger Lakes, Concerned Citizens of Tioga County, Damascus Citizens, Delaware Action Group, Delaware Riverkeeper Network, Dryden Resource Awareness Coalition, Earthworks Oil & Gas Accountability Project, Environment New York, Environmental Advocates of New York, Food & Water Watch, Frack Action, Friends of Vestal, Gas Drilling Awareness for Cortland County, Gray Panthers, NYC Network, Highland Concerned Citizens, Keuka Citizens Against Hydrofracking, Landowners Against Natural-gas Drilling, Lumberland Concerned Citizens, Neighbors of the Onondaga Nation, New York Residents Against Drilling, New Yorkers for Sustainable Energy Solutions, NOFA – New York, NYH20, Otisco Lake Preservation Association, Otsego County Conservation Association, Riverkeeper, Schoharie Valley Watch, ShaleshockCNY, Sierra Club Atlantic Chapter, Sullivan Area Citizens for Responsible Energy Development (SACRED), Sustainable Otsego, Sustainable Tioga, Tusten Concerned Citizens and United for Action


Now more than ever Catskill Mountainkeeper needs your support, please consider making a donation today.

About Catskill Mountainkeeper

Catskill Mountainkeeper is a community based environmental advocacy organization, dedicated to creating a flourishing a sustainable economy in the Catskills and preserving and protecting the area's long term health. We address issues of water integrity for the Delaware and Susquehanna River Systems, the defense of the vast woodlands that encompass the Catskill Forest Preserve and the New York City Watershed as well as farmland protection. We promote "smart" development that balances the economic needs and concerns of the Catskill regions' citizens and the protection of our abundant but exceedingly vulnerable natural resources.

Catskill Mountainkeeper is an independent not for profit 501c3 organization.
_________________
Michael Ludgate - forum administrator
The Canaan Institute http://www.canaaninstitute.org/

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[Mike_L]

Interesting website

http://frack.mixplex.com/

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_________________
Michael Ludgate - forum administrator
The Canaan Institute http://www.canaaninstitute.org/

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[Mike_L]

Gas Free Seneca hosted a non-industry run forum ...

Follow up commentary

It has been a week since Inergy LP, in conjunction with officials from Schuyler County, held an industry-run public meeting, and Gas Free Seneca hosted a non-industry run forum concerning the storage of Liquefied Petroleum Gas (LPG) in the salt caverns along Seneca Lake.

Bill Moler, Senior VP at Inergy, made several statements that I take issue with.

The first is that they are our neighbors, and that they love the Finger Lakes. I asked 16 Inergy representatives where they lived, and none of them live in Schuyler County. Their attorney does live in Syracuse; their landscaper in Saratoga, and maybe 2 others live in the state of NY. The rest are from Kansas City, Houston, Delaware, Alabama, etc. Not exactly neighbors in my view. And they love the Finger Lakes- but not for the reasons that many of us do. They see an incredible opportunity to exploit the 62 depleted salt caverns as rental space to gas drillers who need to store LPG and natural gas. They plan to turn this region into the gas storage and transportation hub of the North East and make a huge profit. That’s why they love the Finger Lakes.

Moler went on to declare several times that this has “nothing to do with the Marcellus Shale”. He and his boss John Sherman, CEO of Inergy, had better get their stories straight. Sherman was interviewed on the floor of Wall Street (the video can be seen on gasfreeseneca.com) by The Street, where the byline for the interview is: “Making Marcellus Happen”. The interviewer opens with the statement that Inergy “has its eyes set on the Marcellus Shale”. Drilling Rigs and LPG tankers are featured in the interview while Sherman tells investors that Inergy is “in the process of building out an integrated storage and transportation hub that sits atop the Marcellus Shale”.

So, which is it, guys?

Moler also told the audience that the cost for us to heat our homes would go down if this project goes through. But let’s think about this… isn’t the price of fuel market-driven? If the local gas station fills their 5,000 gallon storage tank when gas is $2.50/gallon, but then the market dictates that the price must go up to $3.98/ gallon- it has nothing to do with availability or transport. I just got back from East Haven CT, an industrial purgatory, where above-ground storage tanks dominate the area- and gasoline prices were more there than they are in NY. Having gas stored close-by had absolutely no relation to the price they paid for it at the pump. The same is true for home heating fuel.

Moler went on to say that LPG and natural gas is a greener, clean-burning fuel. Recent research suggests that this source of fuel, from exploration to delivery, is as bad as, or worse than, coal in its greenhouse gas emissions. Refer to the study at the link below.

http://www.sustainablefuture.cornell.edu/news/attachments/Howarth-EtAl-2011.pdf

Moler said to one of the audience members, who waited in line to ask a question about safety, that they have a clean track record. According to a database report from Toxics Targeting, which compiled all of the accidents reported to the DEC either at US Salt or companies now owned by US SALT and Inergy over the past several years, there have been many spills either on the ground or directly into Seneca Lake that did not meet applicable clean-up standards. Even if Inergy did not own US Salt during the spills, as current owner, Inergy has inherited those spills and is responsible for their clean-up. Yet they have not done anything to mitigate those accidents to date. How can we trust them in their expansion- in their plans to make us the storage and transport hub for the North East- where there are bound to be more accidents caused by human error, equipment failure, etc, to keep our lake, air, soil safe? According to John Hopper, President of Falcon Gas Storage- he will not store gas/LPG in salt caverns because since 1972, all of the catastrophic failures (which have included gas migration, explosions, evacuation of towns, injury and death) have occurred at salt cavern facilities.

How will any of this benefit Schuyler County or our community? An Inergy Fact sheet stated that it would create 50 short-term construction jobs, and 8-10 permanent jobs. If Inergy operates the same as they have in Owego, the 50 construction workers will be hired from out of state. Inergy minimized the added truck traffic that this project will create, but rest assured, the number of truck trips to the site and back through our towns and on our roads will not make traffic lighter- particularly if they continue with their planned expansion of storage in our caverns to 5 million barrels of LPG and 10 billion cubic feet of natural gas.

How will this impact tourism in our region?

No matter how Inergy tried to sugar-coat this project last week, I cannot see the benefits, and am gravely concerned about the down-side to all of this.
Yvonne
www.gasfreeseneca.com
_________________
Michael Ludgate - forum administrator
The Canaan Institute http://www.canaaninstitute.org/

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[Mike_L]

Force Majeure & Lease Termination Issues for Gas Lease Holders
Thursday May 12, 7:00-9:00pm
Dryden Fire Hall, 26 North Street, Dryden, New York 13053

In this FREE presentation, two attorneys will cover issues of force majeure and lease termination, for people who have signed natural gas drilling leases. Presenters will be Chris Denton, an Elmira attorney with extensive experience in gas leasing issues, who works with clients who have received Force Majeure letters from gas companies. Denton will talk about Force Majeure and what to do if you get such a letter from the gas company claiming that the lease is extended. The second presenter is attorney Joe Heath who will talk about lease termination, and what to do to clear your title if your lease has terminated but the gas company has not filed papers with the county clerk clearing your title. They will be joined for this presentation by Mike Bosetti, a Cortland County landowner who will share the story of the process he went through to get his land records updated to reflect that his gas lease had expired. Bosetti found that his lease had been sold to 6 different companies. For more information about this program, contact Sharon Anderson at Cornell Cooperative Extension of Tompkins County, (607) 272-2292 or ska2@cornell.edu. Co-sponsored by Fleased and Cornell Cooperative Extension of Tompkins County. Note: some information on Force Majeure and Lease Termination can be found online at: http://fleased.org/

Calendar Description & Map: http://ccetompkins.org/calendar/11/04/21/force-majeure-lease-termination-issues-gas-lease-holders
_________________
Michael Ludgate - forum administrator
The Canaan Institute http://www.canaaninstitute.org/

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[Mike_L]

From: Walter Hang
Sent: Monday, May 16, 2011 3:09 PM
Subject: Marcellus Shale Update/Please redouble your efforts



Greetings,

I trust you have all been very well since my last communication. We have been on quite a roll recently. I thought I would take a moment to bring you up to date and implore you to redouble your efforts.

The NYT Marcellus Shale Series

It is hard for me to believe that Ian Urbina's epic Marcellus Shale series ran in The New York Times only slightly more than two months ago. It seems like an eternity has passed since then.

He uncovered immensely important information about hydrofracking wastewater hazards. Pennsylvania environmental authorities soon halted natural gas drilling wastewater discharges to Publicly Owned Treatment Works. Efforts by the Environmental Protection Agency to safeguard public health were repeatedly called into question. As a result, landmark federal regulations are in the offing. Governor Cuomo and DEC came under intense pressure to resolve the DRAFT SGEIS's shortcomings. That has added serious punch to our organizing. Wow. Thank you, Ian.

Follow-up Efforts

We took full advantage of his coverage in the newspaper of record. Hundreds of activists descended on the Capitol and made more NO FRACKING WAY noise than the War Room has ever heard. The Governor's office was only about 100 feet away. We met with DEC Commissioner Joe Martens on one day's notice and brought unrelenting pressure to bear on DEC to expand the scope of the SGEIS. As a result, the Commissioner publicly acknowledged that the SGEIS process might have to start over. He also said horizontal hydrofracturing might not be allowed in New York's Marcellus Shale.

In short, we mobilized our powerful coalition of legislators, local elected officials, civic and environmental groups, students and citizens to extend New York's de facto moratorium. Impressive press coverage resulted, including coverage as far away as Japan. We have been pouring it on ever since.

What is the effect of all this work? Check out a wonderfully revealing 5/10/11 Capitol Pressroom interview with John Holko, a key natural gas industry representative. Mr. Holko references the SGEIS more than a dozen times and makes admissions that speak volumes.

Susan Arbetter: "Do you think you have been getting a fair shake in PA?

Holko: "I think we have been getting a lot of exposure in PA. I don't...I don't... I don't ... you know, I don't know what fair is. I don't... I... I mean it's ... it's difficult to define. I've spent a lot of time in New York. And...and I can tell you in New York - for our industry - it's devastating."

Arbetter: "Is it less...do you think it's not fair in New York?"

Holko: "Absolutely not."

Arbetter: "It is not fair?"

Holko: "No, no. Where we're at in New York has really damaged our industry."

You can listen to the entire interview at: http://www.toxicstargeting.com/news/2011-05-10/capitol-pressroom-may-10-2011

The natural gas industry's coverage woes continue in an article about pro-drilling advocates visiting Albany last week:

"After groups opposing hydraulic fracturing swarmed Albany three times in the past two months (emphasis added), the natural gas industry got its day at the Capitol on Wednesday.

About 50 members of industry and other pro-gas groups met with lawmakers on the Legislature's environmental conservation committees, urging them to stand back and let the state Department of Environmental Conservation complete its review of permitting guidelines for hydrofracking, the technique in which chemical-laced water is injected deep into tight shale formations to release gas.

See: http://www.theithacajournal.com/apps/pbcs.dll/article?AID=2011305130001

Redouble Your Efforts!

Against that background, I implore each and every one of you to redouble your efforts. Governor Cuomo has yet to provide a favorable reply to our request that he provide an immediate public comment period to identify all the issues that DEC must address in its revised DRAFT SGEIS. We need to make a quantum jump to the next level of political pressure.

Be a force-multiplier. It is not enough to sign the Cuomo coalition letter. You should try to get 100 signatories. It is not enough to call the Governor. You should try to organize a phone banking operation. More is better. Use the contact info below.

Executive Order No. 41

When Executive Order No. 41 was miraculously signed by Governor Paterson last December, it further delayed horizontal hydrofracturing in New York's Marcellus Shale. DEC is now working to revise the draft SGEIS in order to "analyze comprehensively the environmental impacts associated with high-volume hydraulic fracturing combined with horizontal drilling." The agency is hoping to provide a revised draft by the end of the summer.

My goal since the autumn of 2009 has been to make sure that all the shortcomings of the original draft SGEIS are addressed on a comprehensive basis. In order to achieve that requirement, the scope of the SGEIS must be expanded to include all of the latest scientific, technical and regulatory concerns that have come to light since the proceeding began more than three years ago.

The excruciatingly detailed coalition letter requesting that Governor Cuomo require immediate public comment and expand the scope of the SGEIS now has nearly 5,000 signatories. Thank you so much for your support.

NYPIRG recently delivered 10,000 petition signatures to the Governor echoing that request. Their work generated intense press coverage. Way to go Brendan Woodruff, Hydrofracking Campaign Organizer, Cathleen Breen, NYC Watershed Protection Program Coordinator, and all their colleagues at New York's largest public interest research and advocacy group. If a NYPIRG canvasser knocks on your door this summer, please support their efforts.

Legislative Letter Requesting That Governor Cuomo Expand the Scope of the SGEIS

Assemblywoman Barbara Lifton's letter requesting that Governor Cuomo provide an immediate public comment period about expanding the scope of the SGEIS now has 62 legislator signatories, including Democrats and Republicans in the Assembly and State Senate!!! Thank you, thank you, thank you. That is a stupendous achievement.

PLEASE ASK YOUR LEGISLATORS TO BECOME SIGNATORIES TOO. THIS IS SUPER IMPORTANT. A TOTAL OF 100 SIGNATORIES MIGHT BE THE TIPPING POINT.

Use this request letter: http://www.toxicstargeting.com/MarcellusShale/lifton_letter/request

Representative Lifton's self-explanatory letter is posted at: http://www.toxicstargeting.com/node/5826

Auburn, NY Gas Drilling Wastewater Campaign

Citizens are working hard to halt gas drilling wastewater discharged into the Auburn wastewater treatment plant. That facility accepted approximately 16 million gallons of gas drilling wastewater last year. It is likely the sole municipal treatment plant still accepting gas drilling wastewater in New York State. Please contact Terry and Beth Cuddy if you wish to support their grassroots efforts: terrycuddy@me.com

Conclusion

In conclusion, Governor Cuomo remains our target. I implore you to stay focused. The bottom line is that there will be no horizontal hydrofracking in New York's Marcellus and other tight shales until a Final SGEIS is adopted. With your intensified efforts, that document might not be adopted for many years to come.

If an inadequately revised draft SGEIS is released, New York State would still be one step closer to allowing horizontal hydrofracturing in Marcellus Shale. That is why Governor Cuomo must be persuaded to expand the scope of the SGEIS right now.

As you know, some activists are trying to enact local hydrofracturing bans and ordinances to restrict "high-impact industrial uses" in areas that do not even have zoning. Those efforts are unlikely to survive legal challenges. Others are trying to enact state and federal legislation that has virtually no chance of passing with a divided Congress and Legislature. Still others are working to transform our nation's energy systems, a task that will surely require decades.

In the short run, I believe it is imperative to focus on the strategy that has totally prevented Marcellus Shale horizontal hydrofracturing in New York. All shoulders to the wheel now and we might prevail.

Finally, thanks to all of you who have sent me so many generous comments and made unstinting efforts in the public interest. We are collectively making good progress. Keep slugging.

Onward and upward,

Walter


Take Action Today!

Drum up more signatories to the Governor Cuomo coaltion letter, particularly groups and elected officials. We are verging on 5,000 signatories.
See: http://www.toxicstargeting.com/MarcellusShale/cuomo/coalition_letter

Call and email Governor Cuomo, EPA Regional Administrator Enck, DEC Commissioner Martens and New York City Mayor Bloomberg. Request that they support:

Providing at least 30 days immediate public comment to identify additional issues that must be included in the draft SGEIS scope;

Expanding the scope of the draft SGEIS to include additional concerns, notably how to manage gas drilling wastewater;

Establishing Citizens and Technical Advisory Committees to help DEC revise the draft SGEIS;

Requiring individual EIS reviews for horizontal hydrofracturing permits, "GA effluent limitations" for hydrofracturing, deep well injection and wastewater treatment as well as updating DEC's 1992 GEIS.

Please bcc: info@toxicstargeting.com

Governor Andrew Cuomo
http://www.governor.ny.gov/contact/GovernorContactForm.php
518-474-8390 (o)
EPA Regional Administrator Judith Enck
enck.judith@epa.gov
212-637-5000 (o)
DEC Commissioner Joseph Martens
518-402-8545 (o)

joemartens@gw.dec.state.ny.us

Mayor Michael R. Bloomberg
City Hall
New York, NY 10007
PHONE 311 (or 212-NEW-YORK outside NYC)
FAX (212) 312-0700
E-MAIL: http://www.nyc.gov/html/mail/html/mayor.html


Facebook:Â http://toxicstargeting.com/facebook

Twitter:Â http://toxicstargeting.com/twitter

Subscribe/Unsubscribe from the Mailing List:

http://toxicstargeting.com/MarcellusShale/mailing-list
_________________
Michael Ludgate - forum administrator
The Canaan Institute http://www.canaaninstitute.org/

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[Mike_L]

Caroline Town Board to Vote on Drilling Resolution June 14th

"Some of the members of the Caroline town board are prematurely attempting to pass a resolution referencing shale gas drilling that would severely limit the town's options in the face of massive industrialized hydraulic fracturing. If this type of industry is encouraged in the rural corners of Caroline, the quiet, sweet rolling hills of green with thrushes, peepers, crickets and wild flowers could quickly be replaced with thousands of thundering trucks and hundreds of massively noisy industrial drilling rigs that will destroy the countryside for years to come -- all for the short term financial benefit of only a few. These drilling rigs are massive and industrial; this is not your grand-dad's little gas well sitting quietly out on the back forty." -Caroline 30 year resident

" ... developing local storm-water laws to address [ fracking ] run-off is like telling us to prepare for nuclear attack by duct taping our windows ... " -IW

" ... the resolution was incorrect in its premises and prematurely fetters the town's ability to protect itself ... " -BP

Partial agenda for June 14th ... meeting starts at 7:00 pm
- Adopt Storm Water Management Plan (7:55)
- Resolution - 90 Day comment period on SGEIS for Shale Gas Extraction (8:00)
- Resolution - Endorse Senate and Assembly Bills S3456 and A03245 (8:05)
- Public input on Resolution to Clarify the Town's Role Re: Gas Development (8:15)
- Resolution Clarifying the Town of Caroline's Role Regarding Gas Development Based on Current Environmental Law (proposed by Linda Adams and Peter Hoyt).

Resolution Clarifying the Town of Caroline's Role Regarding Gas Development Based on Current Environmental Conservation Law (proposed by Linda Adams and Peter Hoyt).

WHEREAS ECL 23-0303, section 2 states, "The provisions of this article shall supersede all local laws or ordinances relating to the regulation of the oil, gas and solution mining industries; but shall not supersede local government jurisdiction over local roads or the rights of local governments under the real property tax law"; and

WHEREAS it is the opinion of our municipal attorney that the State clearly, with intent and purpose, set this scope; therefore be it

RESOLVED that the Town will not attempt to either encourage or limit gas drilling in the Town of Caroline; and further

RESOLVED that the Town will exercise its fiduciary responsibility to protect its investments in local roads, primarily through road use agreements; and further

RESOLVED that the Town through its authority under the Stormwater Law will protect local water supplies from any damaging effects of surface runoff due to gas drilling or any other large scale industrial activity.

Partial comments from community members:

Irene Weiser,

" ... developing local storm-water laws to address run-off is like telling us to prepare for nuclear attack by duct taping our windows ... " -IW

"Which leads to my second point - this resolution is inadequate. Indeed, your proposal that our town address the risk that this deleterious industrialization may poison our water supply by developing local storm-water laws to address run-off is like telling us to prepare for nuclear attack by duct taping our windows. It would be laughable, if it weren't so reckless. The risk to our water supply is very real and very serious, and you owe it to this community to address this risk in the most thoughtful and robust ways possible.

Finally, this resolution is anti-democratic. Given that this resolution lacks the support of the town attorney and that it fails to do anything more than cursorily address serious public health matters it cannot be taken seriously. One wonders, then, why such a half-baked proposal would be put forth. The obvious answer is that it's true intent is to thwart the bringing of a petition to the board that would ask the board to take action to prohibit heavy industrialization such as fracking. This resolution aims to deny the many residents who have signed the petition their voice."

Bill Podulka

" ... the resolution was incorrect in its premises and prematurely fetters the town's ability to protect itself ... " -BP

"What I said was that I thought the resolution was:
- premature -- because of the lack of public notice, particularly given that its such a controversial issue.
- ill-advised -- because it cuts off options for the town
- ill-supported -- because it implies the Town Attorney supports the limited role (roads and storm water only) but his email notes to Don do not espouse that view
The resolution was incorrect in its premises and prematurely fetters the town's ability to protect itself.



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_________________
Michael Ludgate - forum administrator
The Canaan Institute http://www.canaaninstitute.org/

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[Mike_L]

‎Sudden death of ecosystem ravages long creek -- 'Everything is being killed': 161 aquatic species have died along Dunkard Creek


"The elevated levels of TDS and chlorides in the creek indicates oil and gas drilling wastewater," Ms. Cosco said. "We are following up on every lead that people give us. If they saw a truck pull up to the creek and put a hose in, we want to know about it. We want the name on the truck, a license plate number, anything... " -source: http://www.post-gazette.com/pg/09263/999458-113.stm

SOUTHERN PA -- Just 20 days ago, Dunkard Creek, which meanders lazily back and forth across the border of Pennsylvania and West Virginia, was one of the most ecologically diverse streams in both states, containing freshwater mussels, mudpuppy salamanders and a host of fish species from minnows to 3-foot-long muskies.

Generations of families picnicked along its sycamore-lined banks and swam in its warm water. Fishermen plied its green, slow-moving pools with lures and bait in hopes of catching lunker bass.

But today, the 38-mile creek is all but dead, its 161 species of fish, mussels, salamanders, crayfish and aquatic insects killed by mysterious pollutants coming from sources state and federal agencies have yet to pinpoint despite aggressive field work.

"We've just been decimated down here. Everything is being killed almost from the headwaters of the creek to where it flows into the Monongahela River," said Betty Wiley, president of the Dunkard Creek Watershed Association. "It's such a tragedy for the creek. An ecosystem has been destroyed."

And fish continue to die as the initial mass of pollution moves down the creek, which flows into the Monongahela just down river from Point Marion, Fayette County, and as additional pollution is discharged from its mysterious source.

Environmental agencies are treating the creek as a crime scene. Longtime environmental and fisheries officials say the fish kill, which preliminary counts have put at more than 10,000, is one of the worst they've seen.

"A lot of supposition and science needs to be pieced together, but this is bad," said John Arway, chief of the Pennsylvania Fish and Boat Commission's environmental services division. "The fish that couldn't escape up side tributaries were killed."

The Pennsylvania Department of Environmental Protection on Friday said more than 30 miles of the stream have been damaged by the discharge. It has killed 18 species of fish and at least 16 species of freshwater mussels, including the salamander mussel and the snuffbox mussel -- both candidates for federal listings as endangered species.

"DEP will continue to monitor water quality so that when the responsible party is determined by West Virginia and [the U.S. Environmental Protection Agency] we are positioned to take appropriate enforcement action," said Ronald Schwartz, DEP acting regional director.

"This is the worst fish kill I've experienced in 21 years in West Virginia," said Paul Ziemkiewicz, director of the National Research Center for Coal and Energy's Water Research Institute at West Virginia University.

Environmental agencies in West Virginia and Pennsylvania, the Pennsylvania Fish and Boat Commission, the West Virginia Department of Natural Resources and the EPA each have had inspectors on the creek in recent weeks, testing water samples, collecting dead fish and observing discharges into the water.

An early and continuing focus of the investigation has been discharges from a mine water treatment facility located at Consol Energy's Blacksville No. 2 mine in West Virginia.

But state and federal investigators are confounded because chemical analysis shows the creek water at the treatment facility site contains extremely high total dissolved solids, or TDS, and chlorides -- properties found in wastewater from Marcellus Shale gas well drilling operations but not mine water. Total dissolved solids may include metals, salts and other elements.

Marcellus Shale well drilling water contains about 100 chemicals added to reduce friction, eliminate algae growth and perform other functions when water is pumped underground under pressure to fracture the shale and release natural gas.

Up to 4 million gallons are used for each Marcellus Shale well. Disposal of wastewater from the wells has caused problems throughout Pennsylvania, including TDS readings that exceeded federal safe drinking water standards in the Monongahela River last winter and this year.

On Thursday, investigators found dead fish for the first time about a mile and a half up the creek above the treatment plant discharge.

"Our hypothesis was that it's coming out of the Blacksville No. 2 mine, but the finding of dead fish upstream from the Blacksville discharge indicates the sole cause cannot be Blacksville," said West Virginia DEP spokeswoman Kathy Cosco.

The state agencies now are looking at the possibility that someone has illegally dumped drilling wastewater into the creek to avoid the expense of complying with laws governing its disposal. The water must be treated in Pennsylvania or injected deep underground in West Virginia.

The West Virginia DEP on Friday sent a helicopter to fly over the creek to look for unauthorized discharges and places where tanker trucks could pull up and dump drilling wastewater.

"The elevated levels of TDS and chlorides in the creek indicates oil and gas drilling wastewater," Ms. Cosco said. "We are following up on every lead that people give us. If they saw a truck pull up to the creek and put a hose in, we want to know about it. We want the name on the truck, a license plate number, anything we can use to identify it."

Unlike Pennsylvania, the West Virginia DEP doesn't permit water or sewage treatment facilities in the state to accept or discharge Marcellus well wastewater, Ms. Cosco said.

Consol spokesman Tom Hoffman said the company's facility does not accept or treat gas well drilling wastewater. The company's field teams also are trying to figure out what's happening.

"Neither they nor we have been able to sort out what's going on," he said. "It's confounding because we're seeing fish kills in the vicinity of the treatment plant where you might expect Blacksville No. 2 is at fault, but also further downstream than you would expect was our fault, and recently upstream from the Blacksville 2 discharge.

"So Blacksville is a possible contributor, but it's not clear if it's the lone cause."

Mr. Hoffman said the mining company, at the suggestion of the West Virginia DEP, agreed on Thursday to shut down plant operations to assess the effect on the creek.

Water samples taken from the creek at the Blacksville mine treatment facility show extremely high levels of total dissolved solids, in the 25,000- to 35,000-milligrams-per-liter range, or about the same as in seawater. The federal safe drinking water standard is 500 milligrams per liter.

The fish started turning belly up on Sept. 1. By Sept. 4, dead fish were lining the deep pool below the Lower Brave Dam near the Greene County town of Brave.

"It's disgusting to see that much life wiped out," said Ed Presley, who owns property along the creek at the Lower Brave Dam."To see the quality and beauty of that stream and then to see what happened to it, well, it really tears at you. I'm not really a tree-hugger but to see natural things destroyed and wasted like this, it's just dead wrong."

"We're very concerned about this going on and this clearly is not an easy thing to find the source of," said EPA spokeswoman Bonnie Smith. "There are a lot of factors, … but this is a tough one."

Read more: http://www.post-gazette.com/pg/09263/999458-113.stm#ixzz1OsBaud5p

Don Hopey can be reached at dhopey@post-gazette.com or 412-263-1983.

First published on September 20, 2009 at 12:00 am

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Michael Ludgate - forum administrator
The Canaan Institute http://www.canaaninstitute.org/

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[Mike_L]

Important Vote on Gas Drilling in Caroline: Tuesday, June 14. Please Attend!

Your first chance has come to show your support for the Caroline petition to ban high-volume hydraulic fracturing in Caroline.

Starting at 8:15 pm at the June 14th Caroline Town Board meeting, a resolution will be discussed that, if passed, would mean the current Town Board will not even consider the possibility of enacting a ban. It is important that as many people as possible show up to protest this move. (The board meeting will start at 7:00 pm to deal with other business; please show up by 8:00 pm to be sure to be present for the part of the meeting devoted to this issue.)

You do not need to speak at the meeting; just showing up to be counted is an important statement! We will make sure that it is clear who in the audience supports and who does not support the resolution.

If you would like to speak, below is some background, key points, and the text of the resolution. Please read these to help you keep your comments relevant to the issue. You do not need to mention any of the points listed below unless you want to, and you can say whatever you think is important. If you do use these talking points, choose one or two that you feel most passionate about. If we all say exactly the same things in the same way it will sound too rehearsed and lose impact.

It is fine to bring up some of the things you don’t like about gas drilling BUT, please do keep in mind that the discussion is about this specific resolution, not about gas drilling. The Board wants to hear about this resolution, and may tune out if everything they hear is about gas drilling instead. Use your concerns to support why you don’t want the Town Board to close off options. You can always speak at any other board meeting to say more about why you don’t like gas drilling, and when we present the petition later this year we will call on you again, at which time you should tell the board loudly and clearly why you want a ban.

In general, the board has requested that comments be three minutes or less, but it is OK if some statements exceed that (for example, we expect a lengthy presentation by a lawyer supporting our case).


Background on the Resolution:

Linda Adams and Peter Hoyt, two Caroline Town Board members, have placed a resolution on the agenda of the June 14th board meeting that would prevent the town from taking any action to prohibit hydraulic fracturing. The resolution is supported by a third board member (Toby McDonald), which means that unless one of them changes his or her mind, the resolution will pass.

Resolution supporters argue that existing state law (Environmental Conservation Law 2303 Section 2) does not allow local governments to regulate oil and gas drilling and leaves only local roads and property tax law in the hands of local government. Therefore, they say, asking the town to do anything more is a waste of time.


Resolution text:

Resolution Clarifying the Town of Caroline’s Role Regarding Gas Development Based on Current Environmental Conservation Law

WHEREAS ECL 23-0303, section 2 states, “The provisions of this article shall supersede all local laws or ordinances relating to the regulation of the oil, gas and solution mining industries; but shall not supersede local government jurisdiction over local roads or the rights of local governments under the real property tax law”; and

WHEREAS it is the opinion of our municipal attorney that the State clearly, with intent and purpose, set this scope; therefore be it

RESOLVED that the Town will not attempt to either encourage or limit gas drilling in the Town of Caroline; and further

RESOLVED that the Town will exercise its fiduciary responsibility to protect its investments in local roads, primarily through road use agreements; and further

RESOLVED that the Town through its authority under the Stormwater Law will protect local water supplies from any damaging effects of surface runoff due to gas drilling or any other large scale industrial activity.


Key Issues:

(1) The Resolution is Undemocratic.
By removing options before the community has a chance to discuss them with the Town Board, the Town Board is removing our voice. Sure, we can still bring our ideas to the Board, but if the Board passes the resolution, it is saying the Board won’t pay any attention.

(2) The Resolution is Misleading.
The resolution pretends to be neutral, stating, in part, that “...the Town will not attempt to either encourage or limit gas drilling in the Town of Caroline.” Although the resolution appears to be worded neutrally, the status quo allows gas drilling with little local control, so the resolution effectively endorses the use of high-volume hydraulic fracturing in Caroline.

(3) Town Board Members Supporting this Resolution have Conflicts of Interest.
Both Peter Hoyt and Toby McDonald own property that is leased to gas companies; Linda Adam, as director of the Tompkins Landowner’s Coalition, is actively trying to gather a large number of landowners together and lease as a block. Are they looking out for our interests or for theirs?

(4) The Stated Legal Basis for the Resolution is Not Settled: Supporters Confuse Prohibition with Regulation.
The resolution cites NY State Environmental Conservation Law 23-0303, Section 2, which says that the state shall “...supercede all local laws or ordinances relating to the regulation of the oil, gas and solution mining industries...” and interprets that to mean that local communities cannot do anything to stop or control gas drilling. Many legal experts dispute this interpretation of the statute. They say that although local regulation (how high, how far, etc.) of the day-to-day operations of resource extraction is indeed prohibited (pre-empted by the state), there is ample case law (from the highest court in the state, the NY Court of Appeals) to show that outright banning, which falls under local land use determination, is permissible. Indeed, next week the towns of Dryden and Ulysses are both proposing ordinances to ban gas drilling. Shouldn’t our elected officials be willing to look into this, instead of ruling it out when the legal issues are unsettled?

(5) The Resolution is Premature.
Why now? It is true that some other legal experts believe ECL 2302 Section 2 does NOT allow prohibition (a ban). Therefore, there is a legal dispute; why are these board members presenting as settled a question that is being vigorously debated? Likewise, two NYS bills on home rule (Assembly Bill A3245 and Senate Bill S3472) seeking to clarify the legislative intent of ECL 2303 Section 2 (and therefore settle the legal debate) are under consideration. Why vote on this resolution now before state government has clarified the issue?

(6) Passing the Resolution Eviscerates the Town Comprehensive Plan.
The Town of Caroline approved a Comprehensive Plan ( http://www.townofcaroline.org/2011/05/11/town-of-caroline-comprehensive-plan/ ) that codifies the goals of the community. The Comprehensive Plan clearly envisions Caroline as a predominantly rural community with small businesses and farms but no heavy industry. The Town Board is duty-bound to follow the plan, yet this resolution means they have given up on doing that.

(7) The Proposed Solutions in the Resolution are Inadequate.
Many people are concerned about our water supply becoming poisoned, and the only remedy the resolution suggests is storm water run-off management. Shouldn’t we get a legal opinion on the range of options that we have to protect our water supply? Even if one were to believe that the state pre-empts banning drilling, is there nothing more that towns can do? There are many more issues the town needs to consider before passing a resolution such as this, which completely ties the Town’s hands with respect to protecting the local environment and preventing local taxpayers from being stuck with high costs of cleanup. What about air pollution? What about the impact on our first responders when there are more traffic accidents, fires, and explosions, some of which will involve toxic spills? What about Six Mile Creek, the water supply for the city of Ithaca, which runs through Caroline?

-SP



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Michael Ludgate - forum administrator
The Canaan Institute http://www.canaaninstitute.org/

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[Mike_L]

More about the Caroline resolution ...

For those interested:

Here is some very important information that I hope you'll read concerning our Caroline Town Board Members trying to squelch the power of our anti-fracking petition.

You and over 900 other residents recently signed a petition asking the Town Board to prohibit industrial scale development (gas drilling) in Caroline.

I’m getting in touch because we urgently need your help (and your presence) at the Tuesday June 14th Town Board meeting, when the board will be considering a resolution related to our petition.

Unfortunately, it’s not the resolution we would like them to consider. The resolution, if passed, would forbid the town from taking any action to prohibit or limit drilling in Caroline.

Yes, you read that right…

This would mean, among other things, that the board won’t be able to even discuss the merits of our petition or research the idea of implementing the ban on drilling that the majority of Caroline residents want.

How can this happen, you ask?

The resolution is co-authored by Linda Adams (D) and Peter Hoyt (R) and is supported by Toby McDonald (R). All of them have a personal, vested interest in gas drilling. Both Hoyt and McDonald own property that is leased to gas companies; Adams is the director of the Tompkins Landowner’s Coalition, which aims to help landowners obtain the best lease possible. They drafted this resolution after learning how successful our petition drive has been. There are few people who even know about this resolution and yet these 3 Town Board Members want to push it through Tues. night.

Please come to the Caroline Town Board Meeting Tuesday June 14th to let your voice be heard!

Let’s make sure these legislators know:

Our town is not for sale!

Our voice will not be silenced!

They were elected to protect our interests, not their own!

We will have a rally in the town hall parking lot at 6:45 pm. Bring signs if you want.

The board meeting begins at 7:00

Public comments on the resolution begin at 8:15.

Below are some detailed notes to give you more background on what’s happening, as well as some suggestions for topics you might want to raise during the public comment period.

Come to the rally and board meeting and raise your voice!

Our strength is in our numbers!

PLEASE share this message with other Caroline residents who you think would help our cause!
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Michael Ludgate - forum administrator
The Canaan Institute http://www.canaaninstitute.org/

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[Mike_L]

I think you owe it to your readers to present more than the anti-fracking point of view. There are excellent environmental and energy-security reasons FOR fracking, which people don't get exposed to very much. See my essay http://camoo.freeshell.org/frack.doc

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Michael Ludgate - forum administrator
The Canaan Institute http://www.canaaninstitute.org/

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[Mike_L]

The Caroline Town Board June 14th meeting to be held at Brooktondale
Community Center

Due to the large number of citizens anticipated for the June 14th
Caroline Town Board meeting, the meeting will be held at the
Brooktondale Community Center at 524 Valley Road.

The agenda remains as listed below.

CAROLINE TOWN BOARD

June 14, 2011

MEETING AGENDA

- Salute to the Flag (7:00)

- Report from Caroline Youth Commission

- Privilege of the Floor
Opportunity for citizens to bring forward matters of concern

Please be prepared to make one statement not to exceed 3 minutes in
length



**** Note public input on Clarifying Caroline’s Role with Gas
Development will be received later in meeting ******



Highway Superintendents Report (7:20)



Supervisors Report (7:25)



County Representatives Report (7:30)



Department, Committee, & Liaison Reports: (7:40)



Discussion and Action Topics

· Transfers (7:45)

· Approve Abstracts: Highway, General, Lighting (7:45)

· April 12 Minutes (7:50)

§ Authorize Supvr to sign Contract with Tompkins County for
Youth Services (7:55)

§ Adopt Storm Water Management Plan (7:55)

§ Resolution - 90 Day comment period on SGEIS for Shale Gas
Extraction (8:00)

§ Resolution – Endorse Senate and Assembly Bills S3456 and
A03245 (8:05)

§ **Public input on Resolution to Clarify the Town’s Role Re:
Gas Development (8:15)

§ Resolution Clarifying the Town of Caroline’s Role Regarding
Gas Development Based on Current Environmental Law
_________________
Michael Ludgate - forum administrator
The Canaan Institute http://www.canaaninstitute.org/

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[Mike_L]

Dryden weighs gas-drilling ban

DRYDEN -- The Dryden Town Board will consider an amendment to its zoning law that would effectively ban gas drilling within its borders at its 7 p.m. meeting Wednesday at Town Hall.

If the board votes to add the proposed amendment to its zoning regulations, possibly as soon as July, it would become the first town in Tompkins County to declare a ban on high-impact industrial activities like drilling. Three other towns, Ithaca, Danby and Ulysses, are considering blanket bans, while other towns are considering a number of other regulations to control drilling.

more http://www.theithacajournal.com/article/20110614/NEWS01/106140343/

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Michael Ludgate - forum administrator
The Canaan Institute http://www.canaaninstitute.org/

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[Mike_L]

Caroline tables measure preventing fracking ban
http://www.theithacajournal.com/article/20110615/NEWS01/106150379/

TOWNSHIP OF CAROLINE NYS -- After an impassioned public comment period of nearly three hours, the Caroline Town Board tabled a resolution that would prevent the town from banning hydraulic fracturing for natural gas.

The regular meeting was scheduled to take place at the town hall, but was moved to the Brooktondale Community Center when it appeared attendance would be much higher than usual. Fifteen minutes before the meeting began, anti-fracturing -- or "fracking" -- protestors held signs that read "For Sale: Democracy," and "No ban on bans!" Meanwhile, the Tompkins Landowner Coalition handed out information about gas leases and landowner rights.

By the time the meeting began at 7 p.m. Tuesday, residents on both sides had filled the seats, side walls, back area and middle aisle. Town Supervisor Don Barber estimated that more than 250 turned out. A petition circulated by ROUSE -- Residents Opposed to Unsafe Shale-gas Extraction -- had more than 900 signatures against fracking by the start of the meeting.

Public comment ended at just after 10:30 p.m., when it was decided to table the matter until the July 12 meeting. Residents repeatedly asked the resolution be voted down.

"I find this resolution deeply insulting, and I think that many other members of the town will feel the same way," said Jonathan Comstock, a Caroline resident and landowner.

Several residents also said some board members may have a conflict of interest because they are involved with leasing companies or the Tompkins Landowner's Coalition, which seeks to help residents with gas company landowner leases.

Councilman Peter Hoyt said he had a dual responsibility to represent landowners' rights while considering a conflict of interest. Hoyt co-authored the resolution. He told the audience he signed a lease with a gas company in 2007.

"A conflict of interest never occurred to me, but it was mentioned here tonight and I think it is a legitimate observation. I'm kind of surprised I didn't think of it," Hoyt said, as some residents laughed. "Guys, I'm just telling you the truth, OK?"

Toby McDonald, another town board member who had property leased, said he did not see a conflict of interest before the meeting but would look into the possibility.

Councilwoman Linda Adams, of the Tompkins Landowners Coalition, is the other co-author of the resolution. She said she had not signed a gas lease. Adams has organized neighbors to create options for Caroline landowners who might want to renew their gas leases, so "for the first time in their life (they) are not signing a gas company lease, but something that the community put together, that the landowners had drafted for their purposes, not the industry," she said.

Barber told residents he does not lease his land and does not plan to lease his land.

"I have 65 acres I have not leased and have no intention of leasing and giving up the rights. I am a landlord and I know what it's like to lease your property to someone else. I have no intention of giving up those rights," he said.
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Michael Ludgate - forum administrator
The Canaan Institute http://www.canaaninstitute.org/

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[Mike_L]

Subject: [ROUSE] Update: Adams/Hoyt Resolution Will Be Voted On 7/12 at Town Board Meeting

As promised, an update based on tonight's Caroline Town Board agenda meeting:

The Adams/Hoyt "clarification" resolution (that many people commented on at last month's board meeting) will be voted on at the July 12 Town Board business meeting.

Based on statements Pete Hoyt made at tonight's agenda meeting, it appears that Pete will recuse himself because he feels there is an appearance of conflict of interest, given that he has a gas lease.

Should you go to the meeting?
As I wrote previously, I think it is important for the Town Board to be facing a room with lots of town residents when they take this vote. The meeting will be in the Town Hall in Slaterville Springs. There will be privilege of the floor at the beginning of the meeting, so anyone who wants to can speak for 3ish minutes. If Pete does recuse himself as he has stated, then I don't think the resolution will pass.
So....
Yes, if you have the evening free, please come to the meeting. Show the board that last month was not a "one-night wonder." Show them that you STILL want this resolution axed.
But don't hire a baby-sitter, cancel appointments, or otherwise turn your life topsy-turvy for this one night. Save your energy for other important board meetings in the future (like when we present our ban petition!).

It would be great to have 50 to 75 people at the meeting.

Hope to see you there,
Bill Podulka
Chair, Residents Opposing Unsafe Shale-Gas Extraction "ROUSE"

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Michael Ludgate - forum administrator
The Canaan Institute http://www.canaaninstitute.org/

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