fracking

By Anne Meador - DC Media Group, April 4, 2016

The Sheriff, District Attorney and a judge in Huntingdon County, PA may have stretched the law and infringed on individual civil rights in assisting a gas transmission company to get a wildlife sanctuary cleared for pipeline construction.

Sunoco Logistics Partners is in the midst of eminent domain proceedings in Central Pennsylvania to construct the Mariner East 2 pipeline. A court order favorable to the company, punitive bail set for activists resisting the clear-cut for the pipeline, plus allegations of endangerment and arbitrary arrests–one allegedly ordered by the District Attorney–point to local courts and law enforcement looking out for Sunoco’s interests.

A judge issued an emergency injunction on March 28 to allow Sunoco to proceed with clear-cutting three acres of the Gerhart family’s land, even though they are still pursuing litigation. Their supporters took to the trees on March 29-31 in an attempt to stop or delay the chainsaw crew. Three tree-sitters were backed up by a support team in a civil disobedience action “of last resort.”

Sheriff’s deputies arrested one of the property owners and two of the liaisons between the tree-sitters and law enforcement officers. For the activists, the judge set bail out of proportion to the misdemeanor charges. In one case, bail was set at $200,000.

The pipeline resisters say that the safety of the three tree-sitters was threatened, and law enforcement officers refused to stop crews from cutting down trees near them. With high wind speeds, there was danger of creating a wind tunnel by clearing a long path for the pipeline. “They told us the people should get down if they didn’t want to be cut down,” said Megan Holleran.

Liz Glunt was arrested when she crossed into the right-of-way to warn tree-cutters that they were getting too close. She met the $100,000 bond and was released the next day.

Property owner Ellen Gerhart says she wasn’t near the right-of-way when she was arrested, although she was alarmed that a tree had been felled so close to the one her daughter perched on that it brushed it on the way down. The deputies said she had been arrested because she was “in the danger zone.”

Alex Lotorto said he had been asked to come to the Gerharts’ and take on the role of police liaison. He assists landowners around the state who are facing pipeline easements with things such as getting attorneys to negotiate for them. He called a civil disobedience action like this one a last resort for landowners to consider only when nothing else has worked. “It’s a piece of leverage they have in these one-sided negotiations,” he said.

At the Gerharts’, he said he spent 3 1/2 hours discussing everyone’s intentions with police officers and rules and regulations pertaining to the right-of-way and wetland boundaries. His aim, he said, was to make sure that everyone remained safe. The state police, however, ran a background check on him and discovered that he had participated in protests like this one before.

Sheriff’s deputies arrested him and said they did so on the orders of the Huntingdon County District Attorney, according to Lotorto. (The District Attorney had not returned calls by press time.) Lotorto maintains that he never stood in the right-of-way, raised his voice or refused to answer a question.The official grounds for the arrest were that he was carrying a two-way radio. Lotorto says he used it only to communicate with others on the ground, and he was not involved in the tree-sit.

By Traci - Energy Justice Network, March 12, 2016

IWW members are involved in this campaign.

A federal jury awarded two couples from Dimock, Pennsylvania 4.2 million dollars after finding Cabot Oil and Gas negligent for contaminating their well water during drilling for natural gas.

The plaintiffs in the case are Nolen “Scott” Ely and his family, and Ray Hubert and his family who live next to the Elys. The Ely family has lived in Dimock since the 1800’s.

The Dimock federal civil litigation, which began under the caption Norma Fiorentino, et al., v. Cabot Oil and Gas Corporation and Gassearch Drilling Services, Inc. in 2009, and concludes under the caption, Nolen Scott Ely, et al., v. Cabot Oil and Gas Corporation, had its final verdict in United States District Court of the Middle District of Pennsylvania, located in Scranton, PA.
The panel awarded Mr. and Mrs. Ely $2.6 million and their three children $50,000 each. The Huberts were awarded $1.4 million, while another of their family members was awarded $50,000.

"It's been a battle," said plaintiff Scott Ely. "I mean, you're up against a multi multi multi million dollar company. We are the lucky ones in the case, but there are still many more families in the Dimock area who are still without the benefit of clean water.”

“This is a huge victory for Dimock families who have fighting for clean water for over six years. Finally justice has been served for Scott and Monica Ely, their three children, and their neighbors, the Huberts,” said Alex Lotorto, Shale Gas Program Coordinator for Energy Justice Network stated.

Cabot Oil & Gas states that they plan to appeal the ruling, but Lotorto said, “No matter the outcome, we have publicly disclosed all of the facts of the case for the world to see and the couples have beautiful children which is their greatest wealth.”

Except for a two year period when Cabot supplied these plaintiffs with water, since 2008, the Elys and Huberts have been living without reliable access to water and under rationing conditions. To survive day to day, these families haul water at their own expense every week for drinking, bathing and other daily basics.

Beginning in the fall of 2008, Dimock families noticed problems with their drinking water, and began to experience rashes, nausea, headaches and dizziness. A trigger point to the litigation was the explosion of Norma Fiorentino’s private water well on New Year’s Eve, December 31, 2008 due to methane gas accumulation in the well head.

The case eventually included 22 families from Dimock and Springville Townships in Susquehanna County, Pennsylvania, who sought fair compensation for damages to their property and their lives caused by Cabot’s failed natural gas drilling operations.
The travails of these plaintiffs, as well as those of other Dimock families, have been chronicled in the HBO documentaries, Gasland I and Gasland II.

The federal case number is 3:09-cv-02284-MCC.

Energy Justice Network fiscally sponsored the legal fund for the case and have been working with the family since 2009.

By Energy Justice Network - EcoWatch, March 3, 2016

IWW Members have been involved in this campaign:

Guarded by heavily armed U.S. marshals, a Constitution Pipeline tree crew began felling trees in the Holleran family’s maple sugaring stand Tuesday while upset landowners and protesters looked on.

The cutting began 11 days after Federal Judge Malachy Mannion dismissed charges of contempt against the landowners for allegedly asking a tree crew that had arrived on the property not to cut the trees. The charges were dismissed due to the prosecution’s inability to show enough evidence of violation of the February 2015 order that cited eminent domain in giving Constitution Pipeline Company permission to cut on the property without landowner permission. The judge expanded on the original order, adding a 150-foot “safety buffer” to be maintained around all tree-cutting activity, effectively extending the size of the Right of Way. All visitors and family members are remaining outside of the buffer while trees are being felled this week.

North Harford Maple is a family business owned by Cathy Holleran that produces maple sap and syrup utilizing their sugarbush, which includes 1,670 linear feet of the proposed 125-foot-wide right of way.

“I have no words for how heartbroken I am,” Megan Holleran, a family member and field technician for North Harford Maple, said. “We’ve been preparing for this for years, but watching the trees fall was harder than I ever imagined it would be.” She admits that she expected more compassion from the company, but was wrong. This week’s cutting will destroy 90 percent of the only sugarbush that the family owns. “They refused to see us as people and brought guns to our home,” she added.

In February 2015, Judge Mannion in Scranton ordered that the Holleran property and several others in Susquehanna County be condemned using eminent domain for the private use of Constitution Pipeline Company.

A partial Notice to Proceed with non-mechanized tree cutting was issued by the Federal Energy Regulatory Commission (FERC) on Friday, Jan. 29 for the Pennsylvania portion of the Constitution Pipeline. According to the deadline set by FERC, felling must be completed by March 31.

The Constitution Pipeline is a project of Williams Pipeline Companies and Cabot Oil & Gas to be used to transport shale gas obtained through the controversial process of hydraulic fracturing, or fracking. The right of way would be at least 100 feet wide, with additional intermittent 50 foot wide workspaces and access roads.

According to Kelly Finan on her Facebook wall, “In 2015, the Constitution Pipeline company used eminent domain to seize my best friend’s family maple stand for their natural gas pipeline in New Milford, PA. The family has not been compensated for their land. In New York, the permitting for the pipeline has not been completed, so the family argued that cutting trees on their property was preemptive. When the family politely denied tree crews access to their property last month, the company took the family to federal court in an attempt to have them fined and put in federal prison for violating the eminent domain court order. Today the company arrived on the property with assault rifle-bearing federal marshals. They cut down the trees.”

“If the American flag stands for anything,” Rich Garella said on Finan’s Facebook page, “it stands for the rights that are enshrined in the Constitution. These pipeline companies are misusing eminent domain and the courts are on the side of the companies. They are taking land, scarring our countryside and destroying livelihoods for the sake not of public use, but of private profit and nothing more.”

By Alex Lotorto - Energy Justice Network, February 16, 2016

Energy Justice Network is on the cutting edge of fighting fracking and related infrastructure in the northeast.

It's a special organizing challenge to fight pipelines, as we're fighting a line, not a point, on the map. Companies and agencies won't release data listing all impacted landowners. In Pennsylvania, we have enhanced our outreach by using GIS to overlay company pipeline maps with 911 emergency addresses obtained from each county, allowing us to identify impacted landowners.

Along the Atlantic Sunrise Pipeline in northeast Pennsylvania, we used this information to mass-mail and go door-to-door to over 200 landowners in three counties to inform them of their rights and build a landowner coalition that meets quarterly.

Our goal for landowner organizing is to have them each deny survey permission to the company (Williams Partners LLC) so that permit filing can't be completed. Then, we intend to support landowners through eminent domain proceedings by providing referrals to vetted attorneys and appraisers.

Media strategy is just as important and we have had a number of human interest stories published in local and national news about compelling cases where landowners are standing up against Williams and other companies.

In Pike and Northampton Counties, we appealed the PA Department of Environmental Protection's air permits for twin compressor stations meant to pressurize the Columbia Pipeline 1278 line that transports gas to the proposed Cove Point LNG export terminal. Both compressors emit the equivalent of a fleet of idling diesel school buses, making the local air quality especially dangerous for children's developing lungs.

During the compressor appeals, Columbia Pipeline motioned to dismiss our case and Governor Tom Wolf's attorneys agreed. However, the judge dismissed their motion and is allowing us to proceed with our arguments regarding best available control technologies, health impacts, local zoning approval, and other important considerations.

Most urgently, we're leading the cutting edge battle against the 124-mile Constitution Pipeline, a project of Williams and Cabot Oil & Gas, which is proposed to carry fracked gas from Susquehanna County, PA to Albany, NY and beyond.

On January 29, the Federal Energy Regulatory Commission permitted tree cutting to begin in Pennsylvania that must be finished by March 31 to comply with the Migratory Bird Treaty Act and Endangered Species Act as enforced by the US Fish & Wildlife Service.

We have landowners across Susquehanna County who have given our volunteers and staff permission to monitor the pipeline clearing for violations. On one property, where a sugar maple farm is producing syrup this season, we have set up a picket line where we've turned away tree crews for 16 days straight.

The picket at North Harford Maple has drawn both the attention of national media organizations like NPR and the Associated Press and legal action in federal court by the company. We're pledging to stick to it for the long haul so stay tuned for more updates!

By Alyse Kotyk - Rabble.Ca, February 9, 2016

The B.C. Government and Service Employees' Union (BCGEU) has signed a solidarity accord with Indigenous nations opposing pipelines in their territories.

The accord affirms the Save the Fraser Declaration, an Indigenous law signed by representatives of over 100 First Nations that states it "will not allow the proposed Enbridge Northern Gateway Pipelines, or similar Tar Sands projects, to cross [Indigenous] lands, territories and watersheds, or the ocean migration routes of Fraser River salmon."

Last month, the B.C. Supreme Court ruled that the provincial government had failed in its duty to consult with Indigenous groups on the Northern Gateway pipeline.

"We agree with the recent ruling of the B.C. Supreme Court that the Province has not met its duty to consult with First Nations on Enbridge's Northern Gateway," said Paul Finch, BCGEU Treasurer in a statement. "We are proud to support the Save the Fraser Declaration, which demonstrates the resolve of First Nations in refusing consent for Northern Gateway."

The BCGEU has 65,000 members, many of whom work directly with the government. This significant number joins other labour unions including Unifor and the B.C. Teachers' Federation as well as businesses, environmental groups and community groups.

"BCGEU's endorsement of the Save the Fraser Declaration is indicative that more and more Canadians are committing to respect the laws and authority of First Nations and their efforts to protect the environment, fishers and the health and safety of all B.C. communities from Enbridge's Northern Gateway and other tar sands projects," said Grand Chief Stewart Phillip, President of the Union of B.C. Indian Chiefs.

The proposed Northern Gateway pipeline is a multi-billion dollar project that involves a new twin pipeline system for export of bitumen, running from near Edmonton, Alberta, to Kitimat B.C.

"Premier Clark and Prime Minister Trudeau be advised: the proposed Enbridge Northern Gateway is dead, dead, dead," said Phillip. "We call on you to stand with us, and to work with us to come up with alternatives for real change."

By Ted Glick - Ted Glick's Blog, February 8, 2016

Northeast PA – Very possibly as early as tomorrow, chain-saw-armed tree cutters hired by Williams Partners, a powerful pipeline-building corporation for the gas and oil industry, will try to cut down sugar maple trees on the property of Maryann Zeffer, Cathy and Megan Holleran and their family. For 65 years they have lived on this land, and for the last ten or so they have been producing delicious, pure, Pennsylvania maple syrup from those trees.

This destruction won’t happen without a big fight. Nine days ago as I write, after FERC gave approval to Williams’ request to start tree cutting in Pa. even though Williams does not have all of the necessary approvals to build their Pa. to NY Constitution pipeline, an encampment was set up on the Zeffer/Holleran land. Every day since people have been there.

The press has been there too. TV stations in Binghamton, NY and Scranton, Pa. have done stories on this epic David vs. Goliath battle, though this one is more like strong women Davidas vs. Goliath.

I spent a very cold but inspiring day yesterday with Maryann, Cathy and Megan and about 30 other people there for some part of the day, including fracktivist heroine Vera Scoggins, who I had never met before. One of the rewarding things about a life of for-the-people activism and organizing is the wonderful people you are always meeting and getting to know.

Yesterday it looked like Williams’ tree cutters might not be getting to the Zeffer/Holleran land for a while; they had started just the day before, a number of miles away. However, just today, another crew started cutting a little more than a mile away, and the locals sent out an alert calling upon as many people as possible to show up today if possible but tomorrow for sure. They expect the confrontation to take place within 48 hours at most.

People who can get to the site should do so right away. You don’t need to be prepared to risk arrest to do so; the more people there to watch and observe and take pictures and spread the word the better.

You do need a car. Here’s the information you need, from the “Stop the Constitution Pipeline in Pa” site on Facebook:
The Holleran property is located at 2131 Three Lakes Road, New Milford, PA, but use these coordinates to find where people are gathered to stop the tree cutting: 41.8272387, -75.7585062

By Dan Fischer, et. al. - Capitalism vs the Climate, February 2, 2016

Bridgeport, CT—PSEG expected to celebrate on Monday night as Bridgeport’s city council voted to endorse the company’s plan to replace its Bridgeport Harbor coal-fired power plant with a new fracked gas plant in 2021. Some environmentalists had even signed onto the agreement. To PSEG, it looked like local criticism would finally be silenced, that the company could maintain a “green” image while continuing to pollute one of Connecticut’s most vulnerable communities.

The corporate polluters must have been disappointed, then, when a group of Bridgeport residents and teachers, some of them members of Capitalism vs. the Climate, flooded a short public hearing preceding the city council session with a barrage of comments opposing the proposed fracked gas plant. As 10 year-old Jaysa Mellers spoke out against the proposal, with the words “no coal, no gas, go green!”, a Bridgeport-based member of Capitalism vs. the Climate released a banner tied to a bundle of balloons. The banner floated to the high ceiling, and city councillors and residents read its message: “Fracked gas is environmental racism! No coal, no gas!”

“Environmental racism is when an unfair share of pollution is placed on communities of color and low-income neighborhoods. That’s what is happening in Bridgeport. PSEG is making it worse by trying to open a new gas plant, which would continue to release pollution in the air for decades,” said Gabriela Rodriguez, a nineteen year-old Bridgeport resident and a member of Capitalism vs. the Climate.