Cuomo Fracks New York State with Irony and Disassociative Policy Disease

(BREAKING NEWS: With so many promising initiatives outlined by the Governor in his State of the State Address, it may seem like base cavilling to focus on a single issue like “fracking,” but my underlying assumption is that high-volume, high-pressure hydraulic fracturing is not the “problem.” It is a symptom of the problem and it serves quite nicely to illustrate a corollary: “If you partner with industry (especially the gas extraction industry) you will be forced to engage in tortured reasoning, mad dashes left and right and a convoluted persecution of the laws that govern public Agencies. (The State Administrative Procedures Act ((SAPA), for instance, figures heavily in an intent to sue notice prepared by David and Helen Slottje, founding attorneys at Community Environmental Defense Council, Inc. Last night, as this Breathing article was getting final edits, the Slottjes wrote, “…we will turn a version of this [notice] into a formal petition to the State detailing why the regs and the draft SGEIS are illegal, demanding that the regs and the draft SGEIS be withdrawn, and placing the State on notice that suit will be brought if the demand is not honored.”)


 

(BREAKING NEWS:  With so many promising initiatives outlined by the Governor in his State of the State Address,  it may seem like base cavilling to focus on a single issue like “fracking,” but my underlying assumption is that high-volume, high-pressure hydraulic fracturing is not the “problem.”   It is a symptom of the problem and it serves quite nicely to illustrate a corollary:  “If you partner with industry (especially the gas extraction industry) you will be forced to engage in tortured reasoning,  mad dashes left and right and a convoluted persecution of the laws that govern public Agencies.  (The  State Administrative Procedures Act ((SAPA), for instance,  figures heavily in an intent to sue notice prepared by David and Helen Slottje,  founding attorneys at Community Environmental Defense Council, Inc.  Last night, as this Breathing article was getting final edits,  the Slottjes wrote,  “…we will turn a version of this  [notice] into a formal petition to the State detailing why the regs and the draft SGEIS are illegal, demanding that the regs and the draft SGEIS be withdrawn, and placing the State on notice that suit will be brought if the demand is not honored.”)

********************************************

First, whether you are a pro-fracking or pro-Moratorium New Yorker,  when you searched the text of Governor Cuomo’s  State of the State Address for some variation of “frac,”  “fractured,”  “frack,”  or “frackturing,”  you were immediately rewarded with several instances of  “FRAC.”   Armed with a fresh cup of coffee or some sedative,  you prepared to delve into the convoluted shoals that are Cuomo’s  gas extraction policy.

And that’s where you encountered the first multi-layered irony.  During the past month, activists sent New York’s Department of Environmental Conservation (DEC)  more than 200,000 comments about the Agency’s  regs,   draft SGEIS,  its review process and lack of adherence to State law.  Many of those comments were submitted “under protest” and came on the heels of more than 60,000 submitted during the last round of dSGEIS comments.  But the “FRAC” in the Governor’s speech didn’t refer to gas, extraction or hydraulics.  It’s the Food Research and Action Center which studies accessibility to “affordable fresh fruits and vegetables” and the impact of that accessibility on health.  It is a notable initiative but kind of moot if New York’s  fertile foodsheds are fracked.

You settled in a little deeper and began to review the State of the State Address category-by-category.

Under the broad heading of “Economic Development,” Governor Cuomo  touted Tax-Free Hot Spots, Academics and Unemployment Insurance.  He announced, “The Adirondack Challenge, a national rafting and paddling competition…[that] will  focus the world’s attention on the unparalleled natural beauty and recreational opportunities of the Adirondacks to attract tourists to Upstate New York.”

That’s lovely for the Adirondack and Catskill Parks which are protected from fracking by the NYS Constitution, but how will tourists reach those oases if not via a scenic gas drilling byway?   Additionally, as Cuomo  plots to protect some areas of New York State as more worthy of conservation than others, the Adirondack Mountain Club has reminded him, “It is clear from Article XIV, section (3)(1) of the Constitution that the state cannot enter into a lease with any private corporation for the extraction of natural gas from any state forest or reforestation area located in the counties of Greene, Ulster, Sullivan, or Delaware counties.”

Uh oh.

The Governor spoke to the Economy of Tomorrow and laid out a plan to Make New York the Leader in the Clean Tech Economy. He pledged himself to the creation of a workforce capable of meeting the new demands of his 21st century model.

And he drew a special bead on Upstate Economic Development.  He connected the dots between poverty, food deprivation and a failure to thrive. He outlined a plan to bolster our farms and families by strengthening Farm to School Programs. (This is of especial importance to Sullivan County, NY which a recent Robert Woods Johnson Foundation report placed next to last for health factors of all New York State counties.)

The particular attention Cuomo paid to Upstate Economic Development may have set some heads to shaking. On one hand, he lauded the value of Upstate water and  soil resources – citing to them and our foodsheds as indispensable pieces of NY’s economic engine — while,  on the other,  his  SGEIS proposes to protect the NYC and Syracuse watersheds  and leave the Upper Delaware River Basin (and its organic farmers) to the mercy of inadequate setbacks. (Sec.  7.1.5:  Revised Draft SGEIS 2011,  page 7-55.)

For instance,

… as stated in sub-section 7.1.3, the Department proposes that for at least two years the surface disturbance associated with high-volume hydraulic fracturing, including well pad and associated road construction and operation, be prohibited within 500 feet of primary aquifers.

And,

… uncovered pits or open surface impoundments that could contain flowback water … are subject to a 300-foot separation distance from water wells under Appendix 5-B of the State Sanitary Code.  Flowback water tanks and additive containers … which require a 100-foot setback from water wells.  Handling and mixing of hydraulic fracturing additives onsite…requires a 150-foot distance from water wells.  The Department proposes that it will not issue well permits for high-volume hydraulic fracturing within 500 feet of a private water well or domestic-supply spring, unless waived by the landowner.

If those  “set-back mitigations” strike you as inadequate, then add this nugget to the sludge on your plate:  gas wells in New York State will be permitted within 150 feet of schools.

That’s right.  As Cuomo  outlined a broad range of education improvements with optimistic headings like,  more learning time,  full-time pre-k programs for highest needs students, better teachers, principals and evaluation systems — all excellent proposals —  his SGEIS will allow gas wells to be drilled within 150 feet of those excellent teachers, students, playgrounds, programs and classrooms.

No doubt,  Disassociative Policy Disorder strikes again.

Fighting Hunger in New York

Governor Cuomo has good reasons for envisioning a future-New York where our families are well-nourished by the bounty of our own organic farms. (New York farmers regularly lead the nation in produce donated to food banks and food pantries.  Just sayin’.)

In 2006,  NYS was home to “580 certified organic farms  with 68,864 acres in production.  In addition, there were more than 100 organic processors doing business in the State…”

Only two years later, the US Department of Agriculture reported that  NYS had grown to  827 organic farms and was ranked fourth in the nation as a result.   More,   NYS was second in the country with  319  organic dairy farms;  second to Wisconsin with 99 organic beef farms  and fifth for organic vegetable and melon farms with 190.  (Our $60.2 million dollars in organic milk sales for 2008 placed us fifth in the nation.)

The Governor even cited to  Bay Shore’s Farm to School Project, “Edible EastEnd, an innovative collaboration between Long Island’s Bay Shore Union Free School District, the New York State Department of Agriculture and Markets and Office of General Services, and Long Island potato farmers to increase service of Long Island potatoes in Long Island Schools)…”

And he pledged to create a Statewide Anti-Hunger Task Force with one goal being to increase “the use of New York farm products and healthy foods in anti-hunger programs.”

Yes, while painting a rosy picture of New York State’s schoolchildren being educated for the 21st century in a state fueled by sustainable industries and locally-grown food,  Cuomo’s SGEIS has determined that  many New York  schools and much of our vast foodshed will be left vulnerable to the dangers of crazily inadequate setbacks.

Worse, even if the setbacks seem a dandy solution to you, consider that you and the Governor have overlooked another threat to foodsheds in Upstate New York and the Upper Delaware River Basin:  migrating air pollution from the Hancock compressor,  the Millennium Pipeline and other components of the extraction industry.

Fingers crossed that if airborne contaminants endanger the Organic status of local Upstate NY farms, Vermont won’t charge much to  stock NY’s  school lunch programs.

Human Health

In addition to educating our children and feeding them more and healthier local food,  the Gov is determined that New York will Set the “Gold Standard” for Patient Care.

  • “The best way to improve the health of New Yorkers and to lower health care cost is to avoid preventable illness and the health care interventions they require,” he said.

He even devoted 7.5 typewritten pages to sepsis, “An overwhelming immune and inflammatory response to infection.”  He laid out an entire plan of attack to improve preventative care and to combat nosocomial infections. He was inventive and passionate.

He skipped over the fact that his SGEIS has been roundly decried by doctors, medical societies, nurses and epidemiologists for ignoring the cumulative impacts of gas extraction on human health.

He forgot to mention the plethora of reports coming in from the frontlines of Gasland about endocrine disruptions, immune system dysfunction and leukemia.

He ignored that gas extraction and production companies are exempt from revealing the toxins they use in their processes and that doctors are prohibited from telling injured patients the nature of the gas production toxins that have harmed them.

However, our governor made it clear that he intends to be a juggernaut when it comes to ensuring a fair Public Safety Policy that will open like a protective umbrella over all our heads.  He spoke about gun violence and ended with this,  “Some weapons are so dangerous and some ammunition devices so lethal that we simply cannot afford to continue selling them in our state.”

Yes, Governor Cuomo,  but perhaps there are industries and devices “so lethal that we simply cannot afford”  to welcome them into our communities, either.

I won’t belabor the Governor’s insistence that New York State must improve its reputation for cloaked dealings with lobbyists because one sentence drove all his remonstrations from my head,  “A public database will provide the fullest disclosure of lobbyist and other meetings with state officials in the country.”

Then why, oh why,  Governor Cuomo, did activists have to labor so hard to expose the fact that  Independent Oil and Gas Association  (industry lobbyist) worked hand-in-hand with  NY’s Department of Environmental Conservation to write our State’s gas extraction regulations?

The Governor also outlined a number of new Public Safety initiatives in response to the devastation wrought in New York State by Hurricane Sandy.  He described the NYS 2100 Commission and the importance of building “resiliency” into our “planning, protection and development approaches…”  He vowed to “reduce the emissions that contribute to our changing climate,”  to “increase alternative local renewable power sources,”  and to “provide assistance to property owners to mitigate or sell properties in vulnerable areas.”

Although the Gov is referring to homes damaged or obliterated by Hurricane Sandy,  the door he opens is intriguing.  Will those whose properties are damaged or destroyed by their neighbors’ fracking also be considered “vulnerable?”  Will those property owners also be helped to relocate?  Will they be helped to find a new and better quality of life? Will our organic farmers be rewarded with new  sources of clean water and soil?

And when Cuomo says that,  “Much of New York’s infrastructure is aging and susceptible to damage from extreme weather events or seismic threats,”  is he planning to replace bridges,  roads, and neighborhoods impacted by frack-created earthquakes?

Or when he admits that, “there are miles of aging [ gas] pipeline[s] that are prone to leakage and vulnerable to storm damage (and ground movement) [in New York State],”   does he intend to hire hundreds of new DEC field agents to police, test and enforce remediation of those leaks?  Or will citizens be detailed to stand on either side of the pipes to hold them in place as they rock to the beat of seismic drums?

And when he says we need to “strengthen our wastewater infrastructure” because, “Flooding and storm surges from Lee, Irene, and Sandy resulted in hundreds of millions of dollars of damage to waste water treatment plants and the release of hundreds of millions of gallons of raw and undertreated sewage,”  is he considering just how toxic the stew would be with Marcellus Shale’s radioactive materials added to the mix?

Or does he believe that his newly-minted  World-Class Emergency Response Network —  like All the King’s Horses and All the King’s Men —   will simply put New York  back together again after the extraction industry has bedded, fracked us, and moved on?

 

**********************

 

Additional Links, Resources and Citations:

“Ecosystem resilience is the capacity of an ecosystem to tolerate disturbance without collapsing into a qualitatively different state that is controlled by a different set of processes. A resilient ecosystem can withstand shocks and rebuild itself when necessary. Resilience in social systems has the added capacity of humans to anticipate and plan for the future. Humans are part of the natural world. We depend on ecological systems for our survival and we continuously impact the ecosystems in which we live from the local to global scale. Resilience is a property of these linked social-ecological systems (SES). “Resilience” as applied to ecosystems, or to integrated systems of people and the natural environment, has three defining characteristics:

• The amount of change the system can undergo and still retain the same controls on function and structure
• The degree to which the system is capable of self-organization
• The ability to build and increase the capacity for learning and adaptation”

Source: The Resilience Alliance Website

 

As part of  Governor Cuomo’s  plan to “Harden Our Utilities,”  he wants the following NYS Public Service Commission (PSC) recommendations adopted as soon as possible.  It sounds dandy, actually.  Too bad  these initiatives don’t extend to the Department of Environmental Conservation or the gas extractors that Agency is mandated  to regulate.

  • The PSC will be statutorily authorized to levy administrative penalties against each utility for violations of PSC orders and regulations or upon a finding that such utility has failed to provide safe and adequate service under a “reasonable business” standard (comparable to the prudence standard). The size of the potential penalties will be increased, and provisions will be adopted to ensure that the penalties are paid out of shareholder capital and not passed on to ratepayers.
  • The PSC will be authorized to issue an order that directs a utility to comply with recommendations made pursuant to management and operations audits.
  • The PSC will recommence operational audits at least every five years as currently required under the Public Service Law.
  • To implement the strengthened auditing functions of the PSC, consideration will be given to having a dedicated auditing unit to help ensure that the PSC is well-situated to fully exercise its statutory authority and perform both management and operational audits.
  • Consideration will also be given to creating a dedicated unit for investigating and enforcing utility compliance with PSC orders and recommendations and with utility tariffs.
  • Statutory changes should be considered to explicitly authorize the PSC to formally review the performance of each of the Investor-Owned Utilities to provide safe and adequate service, and order appropriate relief including divestiture of some or all of a utility’s assets, subject to both due process standards and the need for continuity of service. To ensure compliance with the recommendations put forth by the PSC after a review, the Commission also recommends the clear establishment of the PSC’s authority to revoke the Certificate of Public Convenience and Necessity.
  • DPS staffing and budgetary levels will be reviewed to ensure they are sufficient to carry out the newly-designed core functions of the PSC, and procedures should be reviewed to ensure cross-training of the existing workforce, implementation of performance management standards and technology upgrades. Given the substantial retirements at DPS in recent years, the agency currently is not staffed to the level authorized in the FY 2012-13 budget of 524 full-time employees (FTE). Based upon the additional mandates that the Commission recommends, the DPS staffing authorization will be maintained in the FY 2013-14 budget and DPS will recruit and hire up to the 524 FTE allotment to assist in implementation and enforcement of the new mandates.
  • Similar to Sarbanes Oxley where CEOs need to certify the validity of their financial statements, consideration will be given to requiring senior officers of each utility to annually certify to the PSC that the utility is acting in compliance with all applicable State laws, rules, regulations, orders, and procedures, including the statutory requirement to provide safe and adequate service.
  • All appointees to the PSC will have demonstrated competence in some aspect of utility regulation as well as a concern for the public well-being.

Oscar Night: Open Letter to President Obama


Dear Readers:  Please  celebrate having two of The Upper Delaware River Valley’s sons nominated for  Academy awards:   Josh Fox for “Gasland” and Mark Ruffalo for  “The Kids Are All Right.”

At this auspicious time in world history, send your own letter about Hydraulic Fracturing  to President Obama.   (Many thanks to Marcia Nehemiah for sending both  this link and one for today’s NY Times report on hydraulic fracturing to  The Upper Delaware Network.)

*   *   *   *  *

Dear President Obama,

While you watch the Oscars tonight, you will see clips from “Gasland.”  Please watch them carefully.  The people in the movie are my brothers and sisters.

The waters of the Delaware River Valley   meet the thirsts of 17+ million people and they  are under threat.  (Lower Valley,  Upper Valley)

I thought the Gulf, Flower Mound,  Dimock, PA and scores of others  would be sufficient to show the careless disregard with which gas extractors ply their dangerous trade.  I was wrong.

Gas extracted from my valley does not represent energy independence:  much of it will ship to BP,  Norway, and others.

“Big Coal”  lied to us years ago and its  agenda was shoved down our throats with the connivance of our leaders and representatives.  Pennsylvania and  New York are no better off  — and are probably worse —  for that sad chapter in our histories.

“Big Energy?”  “Clean Gas?”  Just more “Big Coal.”

How many more people have to sicken?   How many more fields & forest lands  have to be destroyed?   (Please support a National Moratorium on Hydraulic Fracturing!)

How many more neighborhoods, livelihoods, properties have to be wasted by 600+ undisclosed  “proprietary” chemicals? (Please support the Frac Act!)

There comes a point when ambition and greed are just unseemly, Mr. President.  And as we saw and voted in 2008,  ignorance of the cost of something is not an excuse for supporting it.  (The Iraq War.)

Please!  Watch the movie.  No matter what control you believe your opponents wield,  it’s nothing to the power being generated by the  flora and fauna in my valley or the risk they face.

Sincerely,

Liz Bucar

Breathing Is Political

Texas Mayor: Drilling, Barnett Shale, Property Values and More


Dear Breathing Readers:   “Mel” (Comment #7 under  “Cochecton Zoning and Mortgage Troubles”)  says,  “It would be an education for NY to study an area where drilling has worked to most people’s benefit, instead of trying to reinvent the wheel, and panicking. It’s all been done before.”

In response,  Breathing agrees.  “It has all been done before.”  For a different view  of  drilling in the Barnett,  Breathing offers this article by Mayor Calvin Tillman of DISH, Texas. In large part,  his exposition relies on the inherent economic infrastructure of gas drilling and its industry.   (The Mayor references air quality studies done in DISH.  Those studies have  revealed that not only were the air and water  contaminated by the gas industry, but so were  the people.)  For readers who just want to scan the article, I’ve tried to highlight it by topic.

Because some circumstances in DISH are different than what we may encounter in New York,  here’s a link to an article written by a resident of Dimock, PA where Marcellus drilling and its impacts are a daily fact of  life. It’s  clear  that Mel’s assurance that one “never hears  about [drilling]  affecting home or land prices” in the Barnett Shale  is not accurate.

***********************************************

Is the juice worth the squeeze?

When taking over as mayor of DISH, the first question that was asked by the local media outlets was to respond to the fact that our property values as a whole had decreased considerably from the past year. This is where small towns and cities get the bulk of their funding, through taxes on these property values. Therefore, if the taxable value goes down, naturally the revenue for the town does as well. Now I must say that I am opposed to unnecessary taxation, and therefore have done everything I can to make the taxes here the lowest in the area, and succeeded. However, the town has doubled in size over the last couple of years, yet the taxable value continued to drop. This baffled me how essentially the total value of the town drops every year, while were experiencing massive growth.

Not only did it baffle me, but it concerned me. As most small towns do, we use the county tax assessor’s office to perform the tax collection service for us, so they were my first call. When they explained the mineral values were the cause of this drop, and that was sixty percent of our tax base, I was again stunned. As you know we are located in the middle of the Barnett Shale, and have had a great deal of exploration in this area. So what would cause the values to continue to drop? This was also during the timeframe when natural gas prices were climbing to all time record highs.

As I investigated the source of the decline in my town it all started to become apparent. The property values not tied to minerals have continued to drop. I believe this is mostly due to the massive natural gas compressors, pipelines and metering stations. They have all but made the surface property here worthless; however, that does not account for the minerals which is over half of our taxable values. I then found that on average, each well drilled loses fifty percent of its production after the first year. That is a huge drop in production in only one year. So that tells me that the only way to maintain the same mineral value is to drill fifty percent more wells every year. So if you have ten wells this year, you would need to drill five more next year just to maintain the same production.

Many of the local cities have went on a sort of spending spree with the new found wealth from the natural gas minerals, and are now finding themselves in a financial crunch. The facts that I taught myself through this simple question from an intuitive reporter has made a world of difference on how I approached this problem here in DISH. We are frugal at best here, making the most of every dollar we get. We have cut the town debt in half, built a massive park, a library, repaved roads and performed substantial upgrades to town facilities and done this while lowering taxes and not dipping into the emergency fund we have in only two years.

To the real point, is what do minerals play into all of this? As previously mentioned we have over half of our tax dollars that come from the minerals, more specifically the revenue we received in 2007 was made up of 56% mineral values, in 2008 that number jumped to 64%. We have not gotten the completed numbers for 2009, but they will likely be similar. The dollar figures for this are 14, 500,000 in 2007 and 22,277,000 in 2008 in property values from mineral.

On the surface the benefit from this industry seems huge. We are a small town and they double our value. But I also compare this to the drug “heroin”, due to seeing the other towns which have gotten addicted to the drug and when the drug goes away, (when they price of natural gas goes down 75% as it has), they find themselves in a financial crisis. Also, most people do not take into account how much it costs to have this activity going on. I can only explain what goes on in DISH, TX, but will attempt to explain the drugs side affects.

First and foremost this exploration destroys roads, which are very expensive to maintain and replace. None of the existing roads were designed to withstand the constant pounding from an 80,000 pound waste-water truck. Nor were they designed to handle the larger equipment that is used to drill and refracture the wells. To build roads to handle this traffic can cost millions of dollars.

If the municipality owns the roads, they can force the companies to sign a road use agreement, which forces them to pitch in and help the roads. Most of the cities in the area have agreements like this in place. If they do not, then they are foolish, and are likely costing their taxpayers a great deal of money by not forcing the companies to pay. However, the drilling companies are going to take whatever measures they can to keep from paying damages to the roads. The City of Argyle found out the hard way when they were sued by XTO over road work. (Breathing has included the Complaint filed by XTO against Argyle for interested readers:  xto sues argyle complaint)

Here in DISH many of the roads are not owned by the town. This is both good and bad; it is good because we don’t have to pay for the major upkeep of these roads. However, if we don’t own the road we don’t have much control either. For example, we have implemented a weight restriction on all of the roads that we do own, but we can not enforce this on roads that we do not own. Unfortunately, the county does not have the capability to force these companies to have road agreements and pay for what they destroy. Therefore, the replacement and repairs come from the general taxation, or bond elections, not directly from the gas companies. So as you might guess it is a juggling match for the counties to keep the roads drivable for the average vehicle.

One example of that is Eakin Cemetery Road, which goes through part of DISH, but is owned by the county. A pipeline was being installed in this area, and the equipment used in this process is massive. Please note that the pipelines must be included in the cost of this exploration, even though they contribute little to the towns or property owners, and take a lot in return. I will discuss how bad they hurt the towns later.

When this line went in the companies used Eakin Cemetery Road to access the route. They completely destroyed this road and virtually made in impassible for the average vehicle. You could literally see the grooves where the truck tires that hauled massive equipment went. The pavement was cracked and torn from this equipment and the pipeline companies did nothing to prevent or repair this. And though the county does work hard to keep the roads in reasonable shape, when something like this happens in takes a while to plan the repair; therefore, the citizens here were forced to drive on the impassible road for quite a while until repairs were made. (Breathing would also suggest interested riders take a drive up to Dimock, PA.  Despite Jack Danchak’s recent assurances in either The Sullivan County Democrat or The River Reporter,  I’ve been to “Dimick”  and seen a very different reality.  Carter Road was scored with grooves 8″ or more deep.)

There is another impact that can be recognized quickly, and that is the affect that the exploration has directly on surface values. I am sure that there are some who believe the propaganda and are fine with having a well or pipeline in their front yard. However, regardless of what you may have heard, they are the exception not rule, especially if you have a small population of mineral owners in your community. The average person will not purchase the property right next to a well site or compressor, providing they are made aware of it. Unfortunately, most of the mineral owners in this area have kept the minerals and moved on to someplace else. However, when they have tried to sell their property with wells and pipelines on them, it has not been successful.

Although you may see a boost in your tax rolls for the short term, you will pay in the long run with the drop in property values. For a small growing community like DISH it especially provides an obstacle for quality growth. There have been four large tracts of property for sale in DISH for several years with no real interest in purchasing the property. If you do manage to get some interest in the property, it will likely be something like a pipeyard or something else that continues to devalue the surrounding property. So getting quality growth in an area that has a large amount of exploration proves to be a large hurdle if not impossible.

The above paragraph dealt with the exploration of the mineral, now we must consider the pipelines, and appurtenances to these pipelines, such as compressors or metering stations. These facilities have dealt us a very harsh blow without giving much in return. This is highlighted by a previous illustration of the pipeyard. The gentleman who unfortunately lives next door to this compressor site sold off a piece of property to a developer who built 18 homes that average around $200,000 each. However, after the compressors were there, he has not been able to give his property away. He was only able to lease some of it to a company that stores pipe. That is the best he can do now, and that in itself is very low quality growth and makes the area even less desirable.

Another illustration that has been used by me before is the gentleman who has had 63 acres for sale now for several years. He purchased the property as an investment, and now has three pipelines and an above ground valve. He can not give this property away. As he reaches retirement age his retirement has been stolen from him. This is no different than Enron or any other scandal, only it has been made legal thievery. There are two other pieces of property that have been for sale for several years, one of which is a large parcel of about 70 acres and the other is about 10 acres.

The above examples are heart wrenching when you look at how much it has cost the property owners, and only one of the above mentioned owners has any substantial mineral interest. Therefore, they others are merely victims of circumstance. However, as this gets to the point of whether this all is really worth it, I believe that if all of these property were sold and developed it would add somewhere around $20,000,000 in property values, which is more than the average in mineral values over the last few years. I also believe this is a very conservative estimation, it could be more.

So would you rather have homes than minerals? Homes in theory will increase in value over the long term while minerals will drop. Although, this has not been case the last couple of years, in the long term this has held true. Also, natural gas is a commodity, and its prices are much more volatile than housing. For example in the last couple of years the lowest price of natural gas is about 25% of the highest; therefore, you have seen a 75% drop in prices in a little over a year.

In DISH we have focused on overcoming the boom and trying to get quality development. We have worked with a number of developers to annex their property into the city. All three of the major annexations we have had since I became mayor, have been solely to protect them from the development of the minerals and total destruction of the surface values that accompany it. This is not saying that we do not allow drilling; we just force the companies to do it responsibly. We have a pad site that is right in the middle of one of these subdivisions and it really does not look that bad. It is lined with an eight foot concrete fence and most of the stuff inside including the tanks is not visible beyond the fence. However, the companies will only do this when they are forced too, they will not volunteer it.

So how about all those mineral owners who have gotten filthy rich? Here in DISH there have been some folks who have made a great deal of money on the minerals. However, most of them had lived here their while life, and had property handed down over the generations, otherwise they only have a small portion of the mineral rights. Therefore, there are only a few that are still alive that have a major portion of the mineral rights, and as previously stated most of them have moved away to someplace that they do not have to deal with the mess that is left behind.

This area was the beginning of the Barnett Shale, if I am not mistaken the first gas producing well in the Barnett Shale, was within 20 miles of DISH. Therefore, the minerals were purchased several years ago, and the leases were quite low in comparison to the massive leases signed last summer. The lease here is somewhere around 16% royalties with anywhere from $1,000 to $1,500 per acre, not the 25% and $25,000 per acre that have been publicized.

So what does the 16% royalty get you? From what I understand, for someone who owns four acres and has a quarter of the mineral rights, they average less than a $100 a month. Therefore, if you have one acre with 100% of the minerals you would get something similar. Therefore, unless you have a massive amount of land with 100% of the minerals, you are not going to get much money. If you are part of the lease, you must also consider the truck traffic, odor, noise, and you just might be fortunate enough to have a high pressure gas pipeline run through your front yard. All of these things accompany the hundred bucks a month. I do not have any mineral rights, if anyone has another illustration please add it to this posting.

So to the point of, is the juice worth the squeeze? From my perspective as a small town mayor and a property owner, I say no! Not in the manner in which it is being done in Texas. I think that with minor regulation it could both provide the natural resources that we need as well as not totally destroying the surface values and destroying the growth of these areas. For example, there is no process in Texas for the laying or routing of pipelines. The pipeline companies can literally put them anywhere they want without concern for surface owners and other natural resources. Municipalities do have some limited control over the placement of the wells, but not the pipelines.

The items that were discussed were only the things that are easily recognized. I am still learning the affects on air and water quality and to explore the possible health of affects of this exploration. Although I have recently learned that the companies with the compressor site have learned a loophole that allows them to virtually go without regulation in regards to the air emissions they produce. I will share more on this subject as I figure out the specifics. I have the documents; I just have not digested everything yet.

This also does not include the tens of thousands of dollars in legal fees it takes to offer the citizens some minor protection from these companies. Nor does it take into account the hundreds of hours of my time spent researching and campaigning for more regulation for no pay. So you must ask yourself; is the juice is worth the squeeze? I can support any statement that was made in this posting; therefore, if you have more specific questions, please let me know and I will clarify it for you. To those of you who have visited DISH, I doubt you have any questions in regards to the impact the Barnett Shale has had on us.

Sullivan County Chair Asks Residents to Support Drilling Forums


The Sullivan County  Legislature unanimously banned  hydro-fracking on County property and “memorialized the  United States Senate and House of Representatives to amend appropriate federal laws to protect the environment and the public from risks associated with hydro-fracking.”

PUBLIC COMMENT:

(During the public comment period, all but one speaker addressed the  drilling items.)

To start, Alice Diehl said,  “There have been six  generations on Diehl farms.  Our children and grandchildren want to farm.  One  of my grandsons is buying equipment.  He has his herd started.  I feel compelled because of him to come here today and let you know how we feel about  our farming  future. Gas drilling is a really bad idea.  It might bring revenue but there are other ways.  Once our aquifers are breached, that’s the end.  We can’t farm with toxic  water  and we don’t want to move.  You people are responsible for the health and well-being of  our residents.”

John  Kavaller,  a local real estate agent and long-time businessperson in Sullivan County, described himself as  a reluctant speaker.  “You really are arbiters for the pubic good and you have a lot of things on  your  plate. Businesspeople  have  substantial interest in gas drilling in the Marcellus Shale and you  have to  consider  the possible benefits and the  cons.  I would echo a previous speaker:  we need you to hold public forums throughout Sullivan County where we can hear from our public officials, our emergency responders and they can hear from residents. That’s what  we’re about in this county.   I was part of the bureaucracy  in New York State.  I have some idea how things work.  The budget determines  what happens.   Albany determines the budget.   I believe the Department of Environmental Conservation [DEC]  wants to  properly handle  drilling and hydro-fracking, but  I have substantial  concerns that the DEC,  because of budget constraints,  will be able to handle  the situation. Once the  water’s contaminated,  we can’t get  it  back.”

Larysa Dyrszka, a member of Sullivan Area Citizens for Responsible Energy Development (SACRED)  strongly supported both resolutions. A retired  pediatrician, Dr. Dyrszka,  expressed profound concerns  about chemicals used in  hydraulic fracturing  as well as  contamination from  compressor  stations. (Compressors are part of the extraction and gas preparation process.)  She said, “Both will have a deleterious  affect on the health of our  community.  We need more  information and  better science.  The Federal  Environmental Protection Agency (EPA) has just announced it  will conduct  a  comprehensive study to investigate  potential impacts of gas drilling on water quality and public  health.  In addition to the resolutions before you today, I’d ask you to  consider a moratorium in Sullivan County on hydro-fracking until  this EPA  study is completed.  I   also agree  that we need you to make sure more science and  information is  presented to the  public.  We will be more than happy to help you  set that up.”

Ayla Maloney, a local potter and proprietor of Honey Hill Pottery in the Town of Delaware, said,  “I’m asking you to consider a moratorium in Sullivan County and it should be open-ended.  Big corporations  have invested a lot of  money in drilling and the political process.  Our recreation, our scenery, our peace of mind…the entire landscape will be changed forever.  They want to put  10,000 wells in our area.  If that happens, it will turn  our area into a hideous wasteland.  I’m very upset.  I’m considering leaving and  I love it here.  I’m counting on you guys   to stand up for us.”

Victoria Lesser  recalled her early years in the Sullivan County area. “My childhood memories of this place are amazing. I  came back and  bought The North Branch Inn and restored it to its original 1860s  state.  I’ve been thinking  for days  what I want to say.  I  saw an  enormous  sign proclaiming,  ‘Business.  Pleasure.  Life,’ and another that called the Sullivan County Catskills, ‘Mountains of opportunities.’   The question now is,  ‘For whom?’   How can it be that everything I’ve invested would be considered worthless if drilling comes here. And  who are the people who are  thinking of   leasing their lands?   So many farmers.   The sad thing is we’ve allowed our farmers to struggle.  People who are spending $5 for a gallon of milk in  New York City   haven’t got a clue that our farmers are  trying to exist on  1970’s  milk prices.  As we  pledged allegiance to our flag, I thought of the public relations of gas drillers that drilling will improve our local economy.  What’s  really  going to happen to the economy of  Sullivan County?  They bring in their own  workers that stay by the well head. They won’t be eating french toast at my  inn that’s made with  brioche I get from another local business and serve with Diehl farm  maple syrup.  And what about the public relations about our national security?  Foreign companies are investing in the Marcellus Shale.”

Ms. Lesser began reading  from a Philadelphia Inquirer article she’d brought with her:  “A Japanese  company,  Mitsui,  is investing   $1.4 billion  in the Marcellus Shale. They’ve agreed to buy a 32.5 percent stake in the … natural  gas operations of Anadarko Petroleum Corporation…. We…anticipate drilling more than 4,500 wells over the coming year…. The U.S. will be a major gas market in years ahead….” Ms. Lesser  waved her sheet,  “Not only are they buying  our resources,  but so have [Norway’s] StatoilhydroBritain’s  BP and companies in Italy.  How can we sleep at night if we allow this to happen?  You have to make sure  we remain a mountain of opportunity  for people who actually live here and love this place.  Many people  who are  signing leases  don’t even live here.  One guy who recently leased lives in Port Jefferson or some place.  People making big money are living  in Japan and people vested here  won’t be able to leave because  our lives will be  worthless.”

After the measures passed,  a few Legislators responded to the public with comments of their own.

Leni Binder said, “We’ve been holding fora.  We’re not new to this.  New York  is a  home rule state.   We don’t have the  right to tell a town  not to  allow drilling in  a town if the state tells them they can.*  I urge you to go to the State and Federal levels.   All of us endorse a  study in this county.”

Legislator, Jodi Goodman reminded the audience of a forum that was held in Liberty, NY.  “Eight hundred people nearly filled it.  But we have to think, there’s  also the home owner who’s  for  drilling. Many farmers came forward who said you have no right to tell me how poor I must be — how much I must struggle.   It’s a  very difficult subject.  We have to control  trucks coming through our county and the  amount of hazardous  materials coming through.”

David Sager, who has been at most of the drilling meetings held in the County said,  “I  brought forward the  legislation to help struggling  farmers but people need to separate the arguments.  This is not about farming.  This is not about agriculture.  This is about industrialization and the environment.”

Chairman of the  Legislature,  Jonathan Rouis, reiterated a sentiment he expressed in his State of the County address,  “The Board of Legislators can and will be  the lead educator  on the issue.  The most important thing we can do is  to develop  these fora and make sure they’re well-attended.  If you’re interested in helping us do that,  stop by the Planning office and give your name.  Keep informed and help us  spread the word.”

(NB:  Anyone who believes Sullivan County residents should hear from and ask questions of our County Commissioners and emergency responders should call   845-794-3000 and ask for the Planning Department.  Leave your name and phone number so you can help the Legislature  create informational fora in your community.)

***********************

*Despite Ms. Binder’s remarks, there’s some hope for advocates of  increased local controls  as a recent Pennsylvania Supreme Court decision suggests. (Because the decision was reached by an Appellate court, it might carry weight as precedent in New York.):

  • According to the  Court’s ruling,  “Municipalities have a unique authority and responsibility in the regulatory framework which must be maintained; they ‘give consideration to the character of the municipality, the needs of the citizens and the suitabilities and special nature of particular parts of the municipality.’”   In the end,  the court’s  decision permits a local regulatory body to enact “traditional zoning regulations that identify which uses are permitted in different areas of the locality,  even if such regulations preclude oil and gas drilling in certain zones….”    However,  the decision also restricted the scope of  local jurisdiction,  “We do not, for instance, suggest that the municipality could permit drilling in a particular district but then make that permission subject to conditions addressed to features of well operations regulated by the [Pennsylvania Oil and Gas] Act.”  (Bold added for emphasis.)  Essentially, when it comes to actual drilling practices and operations,  the  Court  upheld that Pennsylvania State law will carry more force than local regulations.
  • In response to the ruling,  Nockamixon Township has  amended old zoning ordinances in order to restrict  gas and drilling operations  to “light industrial and quarry zones.”   Also,  the Town has strictly enforced  weight limits on all its bridges.

***********************

In Sullivan, as well as in other New York State towns and counties, legislators should  harness the public’s growing outrage that local control of community resources is being stymied by Albany and Washington.

The New York State Associations of Towns and Counties are lobbying tools that can be used coherently and concertedly  against what many view as Albany’s “over-reaching.”

For more information about protecting localities, please download a copy of  “Legal and Practical Guide to Protecting Your Citizens and the Environment in the Face of Marcellus Shale Natural Gas Drilling”  prepared by Kimberlea Rea Shaw at the Cornell Cooperative Extension (CCE) Natural Gas Development Resource Center.   (The Center has  numerous other  resources  and suggestions  such as water testing which many believe should be  paid for  by gas extraction companies before drilling begins.)

Hodgepodge: Sullivan County Leases, David Jones


IN SULLIVAN COUNTY, NY:    According to an article on the front page of the  March 9, 2010  Sullivan County Democrat, “On March 2, the Sullivan County Clerk’s Office filed four new gas leases in western Sullivan County…  Industry insiders have acknowledged that leasing slowed down while everyone awaits New York State’s finalization of new gas drilling rules.  Those rules are expected to go into effect later this year, and with Sullivan County sitting on what has been identified as a deep and potentially plentiful source of Marcellus Shale natural gas, industry interest has reappeared. ”

According to the article, of the four recently-signed leases,  two  are for mineral rights in the Town of Delaware,  one is in  the Town of Cochecton and one is in the Town of Fremont.

This  Thursday  (March 18, 2010)  the Sullivan County Legislature will meet in  full at  2:00 PM in the Government Center at 100 North Street in Monticello, NY.   In accord with  Breathing’s March 5, 2010 article about Sullivan County’s current efforts to update its  Hazards Mitigation Plan,   the  March 18th  meeting is open to the public and would be one venue in which to ask that the Legislature conduct public meetings  where  residents can hear from and ask questions of  Commissioners of  Public Health, Public Works, Planning and our  emergency responders.  The linked article  contains other suggestions that might be made to the Sullivan County Legislature.

The Delaware Town Board is meeting tomorrow night (Tuesday March 17th) at 7:00 PM  in Hortonville.

*************************

On March 11, 2010,  The River Reporter published  a  letter to the editor from James Barth in which he alleged that David Jones, drilling and hydraulic fracturing proponent and  a member of  Northern Wayne Property Owners’ Association, “… either alone, or with partners, has purchased,  just since the natural gas boom talk started, the following acreage: In June of 2008, Jones Partners LP purchased 185 acres in Berlin Township for $1,000,000. In August of 2008, David C. Jones purchased 68.99 acres in Damascus Township for $438,500. In May of 2009, Ruth M. and David C. Jones purchased two plots of land in Preston Township that totaled 181.75 acres at a cost of $825,000.  Therefore, in the 12-month period between June of 2008 and June of 2009, Mr. Jones and partners seem to have paid $2,263,500 for 435.75 acres of land. During this period, Mr. Jones has been a vocal proponent of high volume, slick water hydraulic fracturing and horizontal drilling into the Marcellus Shale.”  (Mr. Barth cites to “tax assessment public records.”  By following the link and searching for “Jones” and “Jones Partners,”  you will find the records referenced by Mr. Barth.)

After reading Mr. Barth’s letter,  Breathing phoned  Mr. Jones and  asked  whether or not  he’d made  the 2008-2009 land purchases  and if so,  where he’d gotten  the necessary funding ($2,263,499).

Mr. Jones —  who has been unfailingly civil and generous with his time  in our conversations —  provided answers off-the-record but would not address his real estate purchases  publicly.

He did have opinions concerning news that the Wayne Highlands School District is considering leasing its gas rights to HessNewfield.  “It’s a great idea to lease school property.  The wells have to be far enough from  a school in case of an accident — because you never know — a minimum of 500 feet from any structure.  Our  local and school taxes are too high.”

At the  March 9, 2010  Wayne Highlands Board of Education  meeting, members of the public expressed concerns over siting gas wells on school property.  Some referenced a recent talk in Callicoon by Mayor Tillman in which he vehemently opposed drilling in school yards and also explained why children should not be exposed  to  air and water toxins which  might  result  from such drilling.

On the question of whether or not Pennsylvania should levy a severance  tax on gas extraction  (as has been done in all other extraction states  except New York and Pennsylvania)  Mr. Jones was unequivocal, “No.  We already tax royalties paid to lessors.  There are other ways to raise state revenues.  For one thing, we could lease public lands.”

A February 12, 2010  press release from  PA State Representative John Siptroth roundly criticized expanding gas leases on PA’s  State  lands.  In part,  Siptroth’s press release reads, “‘The local recreation industry would suffer great loss, as would hunting and fishing activities….  The few local jobs created by the gas industry are not worth losing hundreds more jobs that depend on Pike County’s pristine environment.’  Siptroth has co-sponsored House Bill 2235, which would put a five-year moratorium on leasing additional state forest land for natural gas drilling in the Marcellus Shale region.  The State Forest Natural Gas Lease Moratorium Act would give the state Department of Conservation and Natural Resources sole discretion after the moratorium ends Dec. 31, 2015 to determine if state forests can withstand additional natural gas exploration.”

In his January 28, 2010 letter  to Governor Rendell,  Representative Siptroth writes, “Today more than one-third of the entire State Forest — over 700,000 acres — is either already under lease or acreage on which the mineral rights are not owned by the state.  At least 100 wells are slated to be drilled in the State Forest in the coming year, and it’s expected that we could have as many as 1,500 well pads with 5,000-6,000 wells drilled over the next decade on the State Forest land that was leased in just the last 18 months.”

David Jones also believes  it would be appropriate for the Town of Damascus to  change its zoning regulations to permit gas extraction in its Rural Residential District.  “It will benefit residents.  It’s what  the majority of people want.”

As to the ability of  Pennsylvania’s Department of Environmental Protection (DEP) to regulate and oversee gas extraction,  Mr. Jones stated,  “We need more  DEP  inspectors  but I believe that’s being taken care of.  There’s a new field office in Scranton.”

Mr. Jones is referencing announcements made in January and February by Pennsylvania’s Governor Rendell and DEP Secretary John  Hanger which stated, in part,   “DEP will hire 68 permitting and inspection staff, including 10 for the new Scranton office, in response to expectations that the industry will apply for 5,200 new Marcellus Shale drilling permits in 2010—nearly three times the number of permits issued during 2009.”

According to DEP’s own records, there are significant discrepancies between the numbers of  wells permitted during 2009 (6,240 vs.  2,543)  and the number drilled since 2005  (19, 165 vs. 18,796).  Also according to DEP’s records,  there were 9,848 well inspections during 2009 which revealed  3,361 violations and  resulted in 678 enforcements.  (Numbers are culled from DEP’s 2009 Year End Report and its  2009  Year End Workload Report.  Other numbers are available at the 2010 Permit and Rig Activity Report.   The reports can be found at:  http://www.dep.state.pa.us/dep/deputate/minres/OILGAS/oilgas.htm

Mr. Jones was willing to be quoted also  about protecting  the Delaware River and its environs from  a proposed power line which would traverse three National Parks.  According to The National Park Service (NPS) : “We would like to inform you of a new planning effort at the Delaware Water Gap National Recreation Area, Middle Delaware National Scenic and Recreational River and the Appalachian National Scenic Trail.  PPL Electric Utilities Corporation and PSE&G, have proposed to upgrade and expand a power transmission line from Susquehanna (Berwick, Pennsylvania)  to Roseland, New Jersey (the S-R Line)…that currently crosses the three Parks….”   (The National Park Service’s Scoping Newsletter on  PPL-PSEG’s  proposed power line upgrade and expansion is  here.)

Although three plans —  Projects A, B and C — have been debated during the past few years,  the National Park Service gave the nod to Plan B in 2009. (All three of the planned routes are mapped here with brief descriptions of the areas proposed for transection.  Another good breakdown is offered by The Times Tribune with links to NPS  maps.)

However, NPS  has re-opened  discussions recently  on the  three possible routes and that  has Mr. Jones concerned.  “Plan A is the worst of the three,”  he said.  “The Park Service will have to buy land,  clear land and  put a tower on an island that floods.  It’s going to cost.  The environmental impacts will be greater than from Plan B.  We’ve got  an endangered cactus species where  Route A would go.  Not many people know that.   There’s a crystal-clear native trout stream. The line will go over one of my campgrounds.  Nobody will want to camp there.  The Delaware Water Gap is the gateway to  the Delaware River recreational area.  It’s  going to look great  with power lines draped across it,” he said sarcastically.  “New Jersey needs power but it doesn’t want the lines.  It’s a waste of energy to run them so far from where the population need is.”

Mr. Jones suggested  that,  “[The power lines] should go where the people are — where more people will be using the power.  But they’ll fight that.”

*****************************

*For more on Chesapeake, please read Breathing’s article,  “Chesapeake Energy and Penn State’s Robert Watson :  Who Are Those Guys?

New Gas Drilling Production: A Theater Near You


To  read  Breathing’s review of  the sometimes-bawdy, always entertaining,   “Corporate Relations:  Gas Does Marcellus”  please click here.

The choice is yours:  pay the admission price for a  tired old movie with a cast of raggedy characters  (be prepared to swallow long and hard)  OR  pop on  over to “Ban Natural Gas Drilling In New York State”  and sign the petition.

DEC Holds Drilling Hearing at Sullivan County Community College


The  NYS Department of Environmental Conservation (DEC) held one of only four  state-wide Hearings on  drilling and hydraulic fracturing at Sullivan County Community College on October 28, 2009.

The vast majority of the standing-room-only crowd was opposed to drilling in New York State.

Few or none  of the opponents drew a distinction between drilling in a watershed or anywhere else.

Most or all  asked for additional  time so the public can read and  comment knowledgeably on the DEC’s  800+ page  “Draft Supplemental Generic Environmental Impact Statement on Gas and Oil Drilling in New York State.” (DSGEIS)

They asked that  several  more public hearings be scheduled throughout the state because some had driven three or more hours to attend last night. (Note:  When I left at 11:00 PM, the meeting was still going on.)

Several local highway superintendents described their local roads as  “substandard”  and worried about the damage that will be wreaked by the enormous volume of truck traffic  necessary to drilling.  Uniformly,  they asked that the DEC inform local municipalities when each drilling application is made so that Road Use Agreements can be drafted in a timely fashion and so that control of local road use will reside with the towns.

Town Supervisors reiterated what the Superintendents said and went further.  Jim Scheutzow (Town of Delaware) said,  “We need the gas companies to step up.  We  don’t have the resources to  take care of the  roads.”

Jim Greier (Town of Fremont) laid out the specifics,  “We have  1391 people,   84  miles of town roads,  16.8 miles of county road, one gas station, two bars and no extra funds  for repairing roads that are damaged by extra heavy trucks.”

One Building Inspector, citing to the lack of local  prerogatives,  raised a point that’s bothered drilling opponents from the beginning,  “No drilling company’s come to me for a permit.”

Perhaps the greatest applause was saved for Luiz Aragon, Sullivan County’s Planning Commissioner and Maria Grimaldi, a tireless advocate for  a sustainable local ecology and economy.

“Despite DEC’s efforts,” said Mr. Aragon,  “many citizens remain concerned by  DSGEIS on many issues.  I respectfully request that the cumulative impacts and socioeconomic concerns be fully-addressed.”  He included, amongst others,  the impacts on municipal infrastructure,  standards of notification,  safety to muncipalities, protection of aquifers and  the overall health and welfare of our communities.

They were not empty words.  Referencing the Sullivan County Legislature, Mr. Aragon called attention to  the potential for drilling in flood plains and called the body of legislation salient to environmental protection, “inconsistent.”   After listing  several recent accidents and incidents of contamination by the drilling industry,   the County Planning Commissioner called for bans on open pit  storage and drilling in all flood plain zones.  He urged the DEC to add a requirement  that the contents and composition of frac fluids be posted at  drilling  sites and with emergency responders.  “Our County remains concerned that municipalities must be permitted to issue  local laws without fear of lawsuits.  The cumulative impacts of  pipelines and compressors will be huge.   It is unclear that mitigation can be effected if contamination of ground water occurs.”

When Maria Grimaldi said,   “The DEC’s  DSGEIS  seems to be enabling an industry that is not compatible with  protecting our environment,”  the crowd roared approval.  Her follow through was received even more noisily, “I’m concerned about conflicts of interest between state  governments  and  the gas drilling industry. Where did the information come from for the DSGEIS and  who was consulted?  We should require that no  high level   public servants can work for the gas companies  for four years after leaving public service…. How  will we be  protected by accidents that inevitably happen?  There have been  failures in eight  states with human error being the  leading cause  of systemic failures.”

On and on, opponents  stepped to the podium.  They asked for a clear delineation of  responsibility  for oversight of drilling practices and  enforcement of  regulations,  “What will happen when there’s an accident?  Who will respond?  How will the rights of  residents who didn’t sign leases be protected when their wells are contaminated?  How can we test our wells  [when they’re contaminated] if we aren’t allowed to see a list of the chemicals the industry used?  How can we  prove liability and recoup  our lost property values?”

Some worried that DEC regulations do not prevent the drilling industry from drawing down our groundwater supplies but the umbrella concern remains this,  the DEC’s  Draft Supplemental Generic Environmental Impact Statement admits that it does not review the cumulative  environmental and socio-economic impacts of drilling.

Most opponents demanded  a halt to drilling,  calling it  a dangerous activity while citing to groundwater, human, flora, fauna and soil poisonings from Pavilion, Wyoming to Dimock, Pennsylvania.    One speaker referred to The  Precautionary Principle,  “Let the industry prove, within the context of  the wholesale destruction of an entire ecosystem [Dunkard Creek], that their technology is  safe.”

Members of the audience who want us  to “Drill, Baby, Drill”  included representatives of  IOGA-NY (Independent Oil and Gas Association lobbying group),  Noel Van Swol (Sullivan-Delaware Property Owners’ Association), Chesapeake Energy and David Jones (Owner, Kittatinny Canoes).

The Chesapeake representative stated, “Banning drilling anywhere would be inappropriate.”

The IOGA-NY  industrial spokesperson objected to  the DEC’s  DSGEIS,  “It  goes   too far and puts   us at an  economic disadvantage  compared to PA.   Many companies will walk away from exploiting the   Marcellus Shale   if the DEC continues to  move so slowly.”

Mr. Van Swoel claimed that,  “Ten percent of Sullivan County Land is under lease” and then quoted Newt Gingrich, “We should let the industry drill down.”

Opinion:

Last night  was  my third public meeting on the subject of drilling  and I salute those who’ve attended regularly for the past two years.  I don’t know how you do it.

Breathing is dedicated to an open forum;  not because I’m particularly nice, but because I believe  our world is on numerous brinks and  I’d like to help steady rather than destabilize it.

Last night I had to face the truth: I’m divided against myself.   The  lies and drivel that were uttered last evening by “Drill Now!” proponents   left me quivering.  My stomach was so roiled by  contained outrage that  vomiting was an imminent worry.

I wanted to listen politely.  I wanted to hear their words  in silence.  I wanted to find any points of agreement because I want to save our land and spend my days  building a sustainable local community.

Instead, drilling proponents made baseless assertions about safe practices and   denied that accidents have occurred or that lives and livelihoods have been destroyed by fracking poisons. They lied about the types of chemicals used and turned aside questions about  industry liability when contamination inevitably occurs.

As already covered by Breathing, nobody seriously believes the drilling industry will “walk away” from the brilliantly lucrative prospect of the Marcellus Shale.

IOGA-NY’s insistence  that the  DEC’s Draft Supplemental Generic Environmental Impact Statement on Gas and Oil Driling goes too far is inconsistent with the DEC’s own recognition that the DSGEIS ignores the cumulative impacts of drilling on our entire ecology.

Nobody in a position of policy-making (including the drilling companies) have answered  the real questions:

  • Why did it take Pennsylvania’s Department of Environmental Protection nearly three weeks to close down Cabot-Halliburton when the Dunkard Creek ecosystem was destroyed?
  • Who funded the Penn State study that touted the economic benefits of drilling in Pennsylvania?
  • Who will oversee drilling and fracking?
  • Who will enforce the already flimsy regulations?
  • How will people know what’s contaminated their water if  they aren’t allowed to know the nature and composition of drilling chemicals being used?
  • Who will clean up the mess when  inevitable accidents happen?
  • Who will make the residents of Fort Worth, TX,  Dimock, PA, Pavilion, WY and New York State  whole for the loss of their water and property values?
  • What will we drink or use to grow our food when the water’s destroyed or requires  remedial interventions that nobody has been able to describe because they simply don’t exist?

Wes Gillingham of the Catskill Mountainkeeper has been to nearly all the meetings.  He’s knowledgeable about the issues and the land.  I echo his words from last night,  “I’ve tried to be patient.  I’ve tried to weigh all sides.”

But here’s my truth:  “Civility” does not require me to be silent in a packed hall when industrial interests are shoving the rape of my world down my throat.  “Civility” does not require me to listen politely to greedy lies.  Nor does “civility” require that I acquiesce sweetly to an  industrial oligarchy.

More importantly,  Justice requires  that the money lenders  be “driven from the Temple.”

Natural Gas Leases/Hydraulic Fracturing: One Property Owner’s View

Thank you, “[Delaware] River Valley Resident” for grappling with the question, “What does stewardship of our lands and communities demand of us?” Although I disagree that “[gas] drilling [and hydraulic fracturing] are inevitable” or that their dangers and impacts can be mitigated, your question and profound determination to preserve and protect are what join us. Indeed, if drilling spreads inexorably, then your efforts to protect may be the last arrow in our quiver.

In part, I hope readers will respond with suggestions helpful to landowners who’ve been cut off like islands in the midst of leased properties. Thank you, Breathing Is Political, Liz Bucar)


(Dear  Readers and “River Valley Resident”:  In an effort  to provide a  community forum where divergent and frequently  noisy  views can be aired,  Breathing has  solicited articles from property owners who are considering signing   natural gas leases or who, after months of  deliberation, have completed the signing. There have been difficulties  and  I had to decide whether or not to publish an anonymous post.  In the end, I decided  a wide-ranging discussion of  the issues facing our communities is more critical  than identifying our author who fears for her job if her name is released.  I hope her obvious concern for the land and our cultures is sufficient to set minds at ease.  She’s known to me.  She’s not a figment.  She’s not greedy and she’s not oblivious to the dangers posed by drilling —  and cited to regularly  by Breathing.  Hers  is an important voice that sheds light — whether or not you agree with her conclusions.

For months,  the author researched, examined  and agonized.  Breathing is grateful that she chose  to speak in this forum despite her misgivings. Unhappily  — given the high passions on both sides of the discussion  —  being a kind of bridge in the middle can invite  vilification and  distrust from  those standing on the  opposite shores. Thank you,  “River Valley Resident”  for  grappling   with the question,  “What does stewardship of   our lands and communities demand of us?”   Although I disagree that “drilling is inevitable” or that its dangers and impacts can be mitigated,  your  question and profound determination to preserve and protect are what join  us.  Indeed, if drilling  spreads  inexorably,  then your efforts to protect may be the last arrow in our quiver.

In part, I hope readers will  respond with suggestions  helpful to landowners  who’ve been cut off   like islands in the midst of leased properties.   Thank you,   Liz)

*    *    *   *    *

I have spent months exploring the ramifications of drilling in the area. Unfortunately, I believe it is extremely likely to occur, so I have been trying to learn the dynamics of horizontal drilling and its potential to contaminate the aquifer. I have read numerous articles and finally found what I believe is a good representation of the process. The gas companies appear to make an extremely strong effort to isolate the aquifer from the fracking fluids. Please see this website for visualization:

http://www.geoart.com/index.php?id=1

Perhaps this is all hype by the gas companies, but if they do in fact follow this process it seems that the aquifer is isolated by steel piping encased in cement. Perhaps aquifer contamination is more likely related to the holding ponds where the backflow is stored as it is forced from the well; which brings up an interesting possibility. One. of the drilling companies, (which is one of Hess’s designated subcontractors for this area) is utilizing a patent pending process called “Ozonix”. It apparently removes all organic chemicals, particles, etc. from the flow back as well as nearly all the brine through reverse osmosis. This process can be read about at the following web site:
http://www.wallstreetresources.net/pdf/fc/TFM.pdf

On a more personal level I have found myself in a situation where the majority of the landowners in my immediate area (across the road and next door) have signed leases. Personally, I do not want to see gas drilling in this area, but am somewhat resigned to the power that the Gas corporations wield and feel that it would be amazing if the gas development does not take place. As a result, I have chosen to try to protect my property. I joined [Northern Wayne Property Owners’ Association]  NWPOA a few years ago, because I felt it gave me a chance to do that and also because this group planned to work toward the most environmentally sound lease possible. I have also been a member of the UD Community for several years, and feel fortunate to have had the opportunity to receive information from the divergent viewpoints. As more information came out from both sources I became more and more confused. This caused me to undertake my own research into the fracking process and its potential for adverse environmental effects. Simultaneous to this, NWPOA came up with a lease agreement with Hess. I have not as yet signed that document. However, I did begin researching the drill company that would be working for Hess in my area. It is a company called Newfield and they are using the “Ozonix” process mentioned above in some of their other shale developments. My thought was to attempt to encourage Hess to have Newfield employ that technology here, as it appears to strongly mitigate a lot of the potentially detrimental effects of the frac process. Additionally, it allows the water to be reused at multiple sites, thus greatly reducing the amount of water needed from the Delaware or other sources, as well as reducing the truck traffic on the roads. Perhaps, I have been taken in by good PR, but I also believe it is in the Gas companies’ best interests to develop these wells as efficiently as possible. If they are drilling and allowing the gas to somehow escape into the aquifer then that is gas they can’t bring to market which spells a loss for them. I have been an environmentalist for well over 40 years and if I had a magic wand, I would surely make this all go away, although I do completely understand the local farmers’ support of this issue. I guess the bottom line for me is that I believe the gas development will occur and that the best approach is to do all within our power to make it happen in the most environmentally responsible way possible. This means supporting companies like Newfield and trying to have them employ the frac recycling process called “Ozonix”. It also means supporting legislation in Congress such as the “Frac Act” which requires companies to divulge their “formulas” for the fracking mud. The Clean Water Restoration Act also needs support to return some of the strength sapped from it, by our previous administration. Will I sign a lease with Hess…I honestly have not been able to decide as yet. I fear drilling around me, and with no lease, if there were any problems, I would be up against the Gas Company on my own. The lease ensures that they will mitigate any water contamination issues, or provide bottled water if necessary. Granted this is not a great solution, but it is probably better than trying to deal with it unassisted.

I know that there are many people like myself who are conflicted over this issue, and struggling with making the right decision. I could never refer to myself as “pro-drilling”. Perhaps, a more appropriate classification is “pro-preservation”. I would like to see this area remain as much like it is right now as possible. This may be a false hope, but I honestly believe that trying to influence the gas companies to use the very best practices possible here, is a more achievable goal than stopping the entire process. I would greatly appreciate comments, as I have been struggling with making a decision for a long time. Thank you for taking the time to read this. I hope that I have not inadvertently insulted anyone’s viewpoint. I am merely trying to illustrate what a lot of people are feeling.

October 7, 2009. Since writing the above comments, I have had numerous discussions with Gas Company representatives about exactly what signing a lease would mean. My first thought was to obtain a conservation easement or deed restriction on my property so that the only gas related activity that could take place would have to be subsurface. I was informed that they were not accepting properties with conservation easement unless they were large commercial properties where portions of the surface land are critical to continuing their businesses whatever they may be. I then discussed the amount of acreage I have with the gas company, its geography and location and they told me that it was highly unlikely that they would place a drill pad on a piece of property the size of mine, nor would they likely place a road there. However, they could not guarantee this. So, to sign I would have to accept the remote possibility of surface activity. This gave me a lot to think about. But, perhaps more important than that is what the gas companies do with the individual leases they own. As most people know there are at least 3 major players in the area: Chesapeake, Cabot and Hess. Although you may sign with any of these companies, it does not mean that they will be the company developing your land. In order to create a drilling unit, they need about 640 contiguous acres. In some cases, they may have this from large farms or adjoining properties that have signed. But they may also have an area they would like to develop where the mineral rights have been leased to different companies. The gas companies now trade leases to obtain the acreage they need for development. It’s just like Monopoly where you need all the cards in a block to build houses. So, Hess’s drilling company, Newfield, with the innovative and environmentally sensitive technology may have nothing to do with the development of gas on the land of Hess lease holder. The terms of the lease remain the same as far as per acre compensation, royalties, and environmental mitigation, if needed. But, you could sign with Hess and Newfield, and end up with Cabot and Halliburton. The initial signing deadline has come and gone. I may or may not be on a secondary list. I am not sure at this point, since I haven’t gotten any emails lately from the group.

Have I done the right thing, I honestly don’t know. I have turned down well over $25,000 in guaranteed lease payments, and the potential for royalties. If the area near me is made into a drill unit and all goes well and the water stays good and the roads are removed and replanted when the development is complete will I have regrets? If the area is developed and the aquifer is contaminated and I can’t sell my home and have to sue one of these companies for compensation will I have regrets? More importantly what would you do in my situation? I could probably still sign a lease…..should I? I would really appreciate it, if you could try to put yourself in my place and honestly consider what you might do. Thank you for taking the time to read this.

a river valley resident

(Tomorrow:  The National Council of Churches on the issue of drilling.)

Gas Drilling Reps Grilled In Sullivan County


According to a press release from the Independent Oil and Gas Association of NY (IOGA-NY),  “The Independent Oil and Gas Association of New York together    with the Sullivan County Partnership for Economic Development (Partnership)**  will host a public information session to address the environmental, scientific and economic aspects of natural gas exploration.”

At their blog, Marcellus Facts,  the IOGA-NY’s  agenda is described in significantly different terms,    “You can review media coverage, our Homegrown Energy booklet and other materials that highlight the many benefits of natural gas exploration of the Marcellus Shale.”  (Italics added for emphasis.)

Fifteen minutes before the 6:30 start time, Bernie’s parking lot was full and cars lined the side of the road.

The meeting opened  with  remarks  by IOGA-NY’s  reps who boasted degrees in hydrology, geology and jurisprudence.  They were, with the exception of the attorney,  folksily garbed in blue jeans and low-key short sleeves.

The audience settled in to view,  “Homegrown Energy,”  IOGA-NY’s  self-described  “educational”  film  which provided a  cartoon-style description of  the drilling and hydraulic fracturing  process.

One audience member asked why IOGA-NY  had shown us a cartoon rather than a video of actual fracking operations.  “We’re not children,”  she added.  A while later, the sentiment was amplified by someone else,  “Why cartoons?  Why don’t you show us how the drilling and fracking look in Fort Worth and Dimock?”

The cartoon film  illustrated each stage of the drilling/hydraulic fracturing  process.  At one point,  it assured us that the cement casings (barriers) that are constructed to retain the toxic  fracturing fluids and gas are  safe and reliable.  (However,  after a house exploded in East Lake, Ohio, “The Ohio Department of Natural Resources later issued a 153-page report [2] (PDF) that blamed a nearby gas well’s faulty concrete casing and hydraulic fracturing [3].)

The cartoon attempted to allay fears concerning the toxic  ingredients found in hydraulic fracturing fluid (“mud” — which is injected through the well bore under enormous pressures  in order to fracture the shale bed and extract the natural gas contained there.)  According to the educational film,   the “mud” contains a soup of  additives necessary to the process which are commonly  found in antibacterial hand washes and dish liquid.

(For information concerning some of  the human health concerns surrounding  hydraulic fracturing, please click here for an article at the National Institutes of Health.)

The film did not address the Environmental Protection Agency’s list of hydraulic fracturing toxins which includes diesel fuel  “…sometimes a component of gelled fluids. Diesel fuel contains constituents of potential concern regulated under SDWA – benzene, toluene, ethylbenzene, and xylenes (i.e., BTEX compounds). The use of diesel fuel in fracturing fluids poses the greatest threat to USDWs because BTEX compounds in diesel fuel exceed the MCL at the point-of-injection (i.e. the subsurface location where fracturing fluids are initially injected).”

Industry reps at the Rock Hill meeting  denied that  “mud”  used at their wells will  contain  toluene even though “Benzene, toluene, ethyl benzene, and xylenes are naturally present in many hydrocarbon deposits, and may be present in drilling and fracking chemicals.”) Indeed, the  EPA’s 2004 report also states that not all of its listed toxins are present at all fracking operations.   This inconsistency and the  fact that   “The 2005 Energy Policy Act excluded hydraulic fracturing from [Safe Drinking Water Act]  jurisdiction,”  are why   Representatives Diana DeGette and Maurice Hinchey among a  few others have introduced  The Fracturing Responsibility and Awareness of Chemicals Act, which amends the  Safe Drinking Water Act.

According to DeGette,  “The legislation would repeal the exemption provided for the oil and gas industry and would require them to disclose the chemicals they use in their hydraulic fracturing processes.  Currently, the oil and gas industry is the only industry granted an exemption from complying with the Safe Drinking Water Act.”

In response, one of  IOGA-NY’s representatives quipped,  “Since we were never covered by the Safe Drinking Water Act,  you can’t  say we were exempted.”

Mr. Noel Van Swol, a property owner in Sullivan County who’s apparently affiliated with the  Sullivan-Delaware Property Owners Association was in attendance at the Rock Hill meeting.   When asked by Breathing if he would support the “FRAC Act,” and a severance tax on the gas industry  he was unequivocal,  “There’s no need for it.  The Frac Act is just  another instance of Maurice Hinchey trying to get publicity for an unnecessary law and we don’t want a severance tax.  We want the industry here,  not drilling someplace else.”

(Please see this list of organizations which asked Governor Rendell to  support a severance tax.   Considering the massive natural gas potential of the Marcellus Shale,  few people believe the gas industry will  abandon it  to avoid paying a modest tax.)

In fact, one Wayne County  resident who’s recently signed a lease,  contacted  Breathing to suggest we join  forces to  support the Frac Act and a severance tax on the gas industry.  In an email, she wrote, “I hope that both sides can drop the vitriolic language and concentrate on working together to get clear local, state, and federal oversight of the drilling process including a severance tax so that even those people who do not dirctly benefit from the drilling will see some kind of community financial remuneration for the burdens we will see put upon our communities by the drilling. I also feel very strongly that the 2005 exemption from the Clean Water Act that fracking enjoys must be removed by Congress.”***

Most of the audience’s questions had to do with reports of noise and water pollution resulting from the drilling and  fracturing processes.  Maria Grimaldi described her trip through a gas drilling  area in New Mexico.  “It was awful.  I couldn’t get out of there  fast enough.”

Industry representatives reminded the audience that  any construction site  is noisy.   A  drilling proponent said,  “Look around you, folks.   We need the jobs and the money these drilling companies are going to bring.   I can put up with a month of ‘boom, boom boom.'”

Some residents living near Texas’  Barnett Shale disagree.

When the IOGA-NY geologist was questioned about reports that hydraulic fracturing had stimulated earthquakes,  the geologist claimed to have never heard such allegations.  Further, he denied knowing anything  about New York State’s history of earthquakes.

Another concern audience members expressed had to do with storage of the fracking fluid once it’s been extracted from the ground.  Citing Sullivan County’s history of flash floods, one  person asked how the  toxic frak fluid would be stored and who would oversee its disposal.  Industry representatives said that they would review individual situations but  tended to think  “we’ll store it in tanks because of the flooding.”

At one point in the evening.  IOGA-NY  was  asked specifically about incidents of toxic contamination in  Pavilion, Wyoming,  Dimock, Pennsylvania,  dead cows in Louisiana and tap water catching fire.  At first,  the Industry reps   dismissed those worries but backed off slightly when a recent EPA report and ProPublica story  about Wyoming were mentioned.  In part, the article states, “‘It [contamination] starts to finger-point stronger and stronger to the source being somehow related to the gas development, including, but not necessarily conclusively, hydraulic fracturing itself,'” said Nathan Wiser, an EPA scientist and hydraulic fracturing expert who oversees enforcement for the underground injection control program under the Safe Drinking Water Act in the Rocky Mountain region.”)

When one of the Industry representatives asked where people were getting  their information, several audience members shouted out,  “Water Under Attack!  Josh Fox’ movie.”  There were also suggestions that members of  The Partnership and IOGA-NY  watch the film.  In response, one of the Industry presenters said,  “I’ll talk to [Mr. Fox].  I’ll talk to anyone.  Give him my card.” ****

In another back-and-forth having to do with water contamination,  IOGA-NY  reps told the audience that New York State’s  Department of Environmental Conservation is one of the strictest and best environmental enforcement agencies in the fifty states.  In consequence, he added,  New York residents won’t experience the same kinds of  problems encountered by residents elsewhere.  When Breathing asked if  strict oversight would be required in New York to keep  us safe from the Industry,  the response was, “Gas drilling is  an industry.  Industrial accidents happen.”   In a follow up question,    Breathing asked how many DEC oversight and enforcement personnel would be required to keep  our environment safe from the Industry.

I got the same answer  from  IOGA-NY as was offered by  the  Delaware River Basin Commission on July 15, 2009.   No answer.

******************************

**When the  meeting adjourned,  Breathing  Is Political and a friend of Light Up The Delaware River  had an opportunity to discuss the evening’s event  and hydraulic fracturing with Mr. Tim  McCausland, President and CEO of the Partnership.  I first asked Mr. McCausland   to clarify  his organization’s relationship with IOGA-NY.   “I wouldn’t call it a ‘relationship,'” he answered.  “They approached us.  Offering sessions like this is part of what The Partnership does.”

This morning,  Mr. McCausland sent  me The Partnership’s  recently-released position statement on gas drilling which reads, “The Sullivan County Partnership for Economic Development believes strongly, that if government and industry can collaborate to properly protect and preserve our environment, the development of a natural gas industry in Sullivan County could create substantial economic and fiscal benefits for our landowners and communities  — and while the direct economic impacts are vital, the industry must strive to produce:  (a)  a business model that is locally sustainable, and (b) policies that result in a meaningful shift toward energy independence.”

(Breathing encourages you to share  your views of the Partnership’s position in our comment section.  I will happily forward  them to Mr. McCausland.)

***Breathing endorses  this  suggestion wholeheartedly by offering  the letter-writer a column here.   While the rest of us stumble  in the dark looking for a way to bridge the divide between “pro-drillers”  (a misnomer)  and  “anti-frackers,”  (please!)   she offers  a way to cooperate  for the good of us all.

****A request with which Breathing complied immediately.