Berks Gas Truth

Saying NO to Gas Drilling in Pennsylvania

Fracking-Impacted Residents with Neglected Health Complaints Call on AG Kane to Investigate DOH

For Immediate Release

For more information:

Karen Feridun, Berks Gas Truth, 610-678-7726

Sam Bernhardt, Food & Water Watch, 267-428-1903

Fracking-Impacted Residents with Neglected Health Complaints Call on AG Kane to Investigate DOH

 

On Conference Call, Residents Ignored by DOH Share Details, Call for Investigation and Announce Story-Collecting Initiative

 

Harrisburg, PA – Today, individuals from around Pennsylvania who had fracking-related health complaints fall on deaf ears at the state’s Department of Health (DOH) shared their stories and called on Attorney General Kathleen Kane to launch an investigation into the apparent disregard for their complaints.

 

The call on Kane follows a series of reports that DOH had several procedures in place designed to neglect health complaints related to hydraulic fracturing, including circulating a list of “buzzwords” relating to either fracking or health impacts frequently seen near areas with fracking-related infrastructure. In the midst of the conference call, advocates received a request from the Pennsylvania Attorney General’s Environmental Crimes unit to interview the impacted individuals.

 

“In 2008 my family and I began getting sick after a compressor station was built 780 feet from our home,” said Pam Judy, a resident of Greene County. “The first place I contacted seeking information and assistance was the DOH.  I was advised that they had received no similar complaints and they were unable to direct me to anyone who may be able to help us.  After doing some research on my own I located a gentleman in Texas who had experienced a similar situation and he provided me with a list of the blood tests we needed to have done to determine exposure as well and a wealth of additional information.  I should have been able to receive the same valuable information from the DOH.”

 

“I called two or three times to get information, while I was going in and out of the emergency room in Johnstown with migraine headaches, severe rashes, and blurry vision,” said Randy Moyer, a resident of Blair County. “Department of Health never got back to me, so I had to go on my own to figure out the details of my condition.”

 

Moyer and Judy are two of the 11 individuals impacted by fracking who have identified themselves as having experienced neglectful treatment from DOH. Advocates used the call to publicize an online formand hotline (717-467-3641 or 717-467-DOH1)

 

“We know these stories are just the tip of the iceberg,” said Sam Bernhardt, Senior Pennsylvania Organizer for Food & Water Watch. “These stories have been swept under the rug, and we are going to continue working to uncover them.”

 

“These stories not only confirm the allegations made by the whistleblowers, but demonstrate that the agency was unresponsive to fracking-related complaints since at least 2008 and as recently as last week. Nothing has changed. Pennsylvanians are not getting the answers they need from the agency tasked with protecting public health,” said Karen Feridun, founder of Berks Gas Truth.

 

 

 

 

 

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Press Statement on Auditor General’s Report on PA DEP

For Immediate Release

July 22, 2014

Contacts:

Steve Hvozdovich, Clean Water Action, 412-765-3053 x 210 cell- 412-445-9675

Karen Feridun, Berks Gas Truth, 610-678-7726 berksgastruth@gmail.com

Maya van Rossum, the Delaware Riverkeeper, 215-369-1188 x 102 (rings through to cell)

Tracy Carluccio, Delaware Riverkeeper Network, 215-369-1188 ext. 104

Nadia Steinzor, Earthworks Oil and Gas Accountability Project, 845-417-6505

Thomas Au, Sierra Club Pennsylvania Chapter, 717-234-7445

Nick Kennedy, Mountain Watershed Association, 724-455-4200 x 6

 

Auditor General Issues Critical PADEP Audit

Pennsylvania Environmental Organizations Applaud Investigation’s Goals

Report’s findings mirror concerns raised by Pennsylvanians

dealing with water contamination

Harrisburg, PA – Pennsylvania’s Auditor General office released a highly anticipated audit of the Department of Environmental Protection’s performance regarding shale gas development today.  Auditor General Eugene DePasquale stated that the audit “…shows that the meteoric growth of the shale gas industry caught the Department of Environmental Protection unprepared to effectively administer laws and regulations to protect drinking water and unable to efficiently respond to citizen complaints”. The report is available here: http://www.auditorgen.state.pa.us/reports/performance/special/speDEP072114.pdf

“The Auditor General’s inspection is not just a capture of deficiencies within the agency in present time but a call to the future to take actions that will improve agency policies & operations so that public confidence in the agency can be restored & we can better protect drinking water & public health”, said Steve Hvozdovich, Marcellus Shale Policy Associate, Clean Water Action.

“For countless Pennsylvanians in the Marcellus and Utica, the Auditor General’s findings come as no surprise. His frank assessment of the deficiencies within the DEP accurately tells the story of an agency that was unprepared to deal with shale gas development’s impacts on our water supply and, by extension, our communities. The tenor of the agency’s response included in the report is discouraging in its denial of many of the problems the Auditor General has cited and its misguided belief that it has satisfactorily addressed some of the other issues, particularly those dealing with transparency and public access to critical data,” said Karen Feridun, founder of Berks Gas Truth.

“The Auditor General’s report is a sorely needed reality check by an independent office that knows how to perform a straightforward audit. This professional analysis of PADEP exposes the failings of the agency to effectively regulate the industry during this unprecedented shale gas rush that has gripped the Commonwealth. When you delve into the audit’s details of how and why the industry got ahead of government in Pennsylvania, lessons emerge that provide the guidance needed for critically needed reform at PADEP,” said Tracy Carluccio, Deputy Director, Delaware Riverkeeper Network.

“The auditor general has confirmed what Pennsylvania residents have long been saying and experiencing: the impacts of gas development are real, intense, and not being addressed,” says Nadia Steinzor of Earthworks’ Oil & Gas Accountability Project. “DEP and the legislature can start putting the public interest first by adopting the report’s recommendations, dedicating more resources to enforcement, and working more closely with communities to solve problems than they do with industry,” said Nadia Steinzor, Eastern Program Coordinator, Earthworks.

“The Auditor General confirmed what many outside observers have been saying –Pennsylvania residents who live in drilling areas face a significant risk because DEP, the agency tasked to protect them, is Ill-equipped to do so. Pennsylvanians deserve better,” said Tom Au, Sierra Club Pennsylvania Chapter.

“Finally the fundamental flaws in the DEP’s management of the impacts from shale gas development have come to light.  The Auditor General’s report vindicates the ever growing chorus of voices that have been calling on the DEP for years to reform its practices, and for sufficient funding for adequate staffing.  Having devoted significant resources to combat the impacts of water contamination, bureaucratic delay, and flawed information on the communities we serve, we hope this report sparks real change in shale extraction oversight,” said Nick Kennedy, Mountain Watershed Association.

 

For the last 18 months, environmental and citizens groups have been in touch with DEP regarding our grave concerns about procedures and policies for water quality monitoring, testing, and response in the face of the shale gas boom. It has long been clear that they lack transparency; result in the withholding of vital data from affected households and the public; force residents to undergo prolonged exposure to contaminants that can impact health; and delay action necessary to correct pollution and ensure that operators provide clean drinking water to those who need it.  The audit confirms that basic reforms are needed to address the harms communities are experiencing from shale gas development in the Commonwealth.

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LNG Exports = More Fracking

On February 20th, Baltimore was the site of what turned out to be the largest rally that city had ever seen. That’s pretty remarkable, considering that it was a lunchtime rally on a weekday during a particularly harsh winter. We’re getting ready for another rally, this time in Washington D.C. on July 13th, and we’re confident the crowd will be several times the size of the crowd that day in Baltimore. We came together then and will come together again to protest the proposed Cove Point LNG facility.

Marylanders have led the charge against the facility that would be situated in an area with one road in and one road out, an area wherein nearly 2500 people live within a mile of the proposed site and they’ve organized against the pipeline that would carry the gas to Cove Point, impacting communities along the way.

We’re confident we’ll draw a huge crowd on July 13th, not just because the stakes are higher. (They are. The Federal Energy Regulatory Commission’s initial assessment of the facility’s environmental impacts is that there aren’t any.) The difference this time will be that people from Pennsylvania and other gas-producing states will be there in force to say no to a project that will profoundly impact our own communities as well as those of our friends in Maryland.

LNG = more fracking. More fracking = more pipelines and compressor stations. And all of that = more leaks, spills, blowouts, blowdowns, traffic accidents, illnesses, injuries, lost quality of life, lost property value, and so much more. Last December, Cabot Oil & Gas announced the deal they’d struck with Sumitomo to supply gas liquefied at Cove Point to Japan for 20 years, the kind of deal that would really solidify the company’s position in the Marcellus, they said.

Cabot Oil & Gas? I’d be laughing if I wasn’t screaming. After all, Cabot Oil & Gas is a case study in recidivism enabled by the spectacular failure that is our government. I spoke about Cabot at the rally in Baltimore. I didn’t speak about the government. I’ll do that here.

In my talk, I noted that Cabot Oil & Gas is the company responsible for contaminating the water supplies of several families on Carter Road in Dimock. The company was forced to decommission three wells and was barred from doing any more drilling in Dimock. That’s about all the Pennsylvania Department of Environmental Protection got right.

The PA DEP required the company to provide replacement water, but backed down after three years when Cabot decided to stop its deliveries. The agency barred Cabot from drilling in Dimock, but not anywhere else in the state despite the fact that the company has racked up hundreds of violations throughout the state. And even though the PA DEP now considers Dimock to be a sensitive area, they haven’t stopped anyone but Cabot from drilling there.

The federal regulators are no better. The U.S. Environmental Protection Agency abruptly ended its investigation into water contamination in Dimock the same year the agency took similar actions in Parker County, Texas and Pavillion, Wyoming. Last summer, the Los Angeles Times obtained a PowerPoint presentation from the EPA’s regional office in Philadelphia that revealed that “staff members warned their superiors that several wells had been contaminated with methane and substances such as manganese and arsenic, most likely because of local natural gas production.” Since then, residents of the communities in Pennsylvania, Texas, and Wyoming have tried repeatedly to get a meeting with EPA Administrator Gina McCarthy to make their personal appeals to have the investigations re-opened.

When the Federal Energy Regulatory Commission turns a blind eye to the environmental risks inherent in LNG production, it is not even taking into consideration the upstream impacts on communities in the gas fields, communities that have been failed at every turn by those elected, appointed or hired to protect them.

And so I am inviting all my friends in the Marcellus, the Utica, and all the places where fracking doesn’t happen, but natural gas infrastructure build-out does, to join me in Washington, D.C. on July 13th when we’ll say Stop Fracked Gas Exports! Register today at stopgasexports.org and be sure to sign up for transportation if you need it! See you in D.C.!

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Stop Fracked Gas Exports: Cove Point & Beyond! Transportation to the rally & march in D.C. on 7/13!

Get on the bus!

July13-3

THANKS TO THE GENEROSITY OF OUR SUPPORTERS, WE’VE BEEN ABLE TO REDUCE OUR BUS TICKET PRICE TO ONLY $20!!

Berks Gas Truth has reserved a bus to take riders from Klein Transportation in Douglassville to the Cove Point rally in D.C. and back on July 13. We’re still working out the details, but expect that the bus will depart at 8:00 or 8:30 a.m. and return around 6:00 or 6:30 p.m.

The per person ticket price is $30, but we’re asking anyone who can to kick in an extra $5 to help pay for people who can’t afford to pay $30. If you need a reduced fare or free seat, please let us know and we’ll do our best to accommodate you. Send an email to berksgastruth@gmail.com.

Buy your ticket, donate a ticket, or help pay for another rider.





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Advisory: Berks Gas Truth Observes Earth Day with Rally at DEP Office in Reading

Media Advisory for Tuesday, April 22:

Rally at DEP office in Reading

 

Contact: Karen Feridun, berksgastruth@gmail.com. 610-678-7726

 

Berks Gas Truth Observes Earth Day with Rally at DEP Office in Reading

Anti-Fracking Group Rallies to Oppose Gas-to-Liquids Plant, Natural Gas Power Plant, Pipelines

 

What: Berks Gas Truth will observe Earth Day with a rally at the DEP office in Reading to oppose the natural gas industrialization of Berks County. The high-profile Gas-to-Liquids project slated for South Heidelberg Township has brought attention to the dangers associated with the transmission and processing of natural gas. The group will call on the agency to reject the plans on environmental grounds and will cite the agency’s recent failures in Berks County.

 

When: Tuesday, April 22nd at 12 p.m. – 1 p.m.

 

Where: 1005 Cross Roads Boulevard, Reading, PA 19605

 

More info: The DEP never informed the public of the blowdown at the Bernville compressor station during Hurricane Sandy when 61 tons of VOCs and 174 Mcf of methane were released into the air. At Berks Gas Truth’s request, the agency investigated the incident and eventually fined Texas Eastern $15,000.

 

Shortly thereafter, the agency denied area residents a public hearing on the Berks Hollow natural gas power plant. The project was approved even though the application lacked the legally-required make and model number of all equipment that needs to be evaluated against Best Available Control Technology standards.

 

Berks Gas Truth contends that the agency must prioritize the public’s safety and needs as increasingly dangerous projects are proposed for our communities.

 

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South Heidelberg Organizes to Oppose GTL Facility

It all started with an episode of Extreme Makeover. When a Berks County family was selected for a home renovation in 2010, the county expedited the process of getting all necessary approvals so the producers could meet their tight shooting schedule. The informal process worked so well that County Commissioner Christian Leinbach decided to formalize it in 2012 and call it the Joint Express Approval Program (JEAP). The program was one of the carrots the county dangled in front of EmberClear’s eyes when the Canadian firm was looking for a site for its Gas-to-Liquids (GTL) facility.

GTL facilities convert gas into gasoline, propane, and other products including wax. There are only five in the world, none in the United States, so the residents of South Heidelberg Township were shocked to discover that the 63-acre farm near their homes was going to be turned into a massive gas refinery. For one thing, the farm was zoned for light industrial uses. The small notice in the newspaper and the few letters distributed to owners of properties adjacent to the farm didn’t grab the attention of most people. Those who read that something was happening didn’t understand what that something was.

That something, as it turns out, was the approval of an industrial overlay for the specific purpose of allowing a gas facility to be built, one that would allow structures to stand three times taller than surrounding structures, mostly homes, schools, and small businesses, one that would invite lots of new truck traffic to the tranquil community, and, oh yeah, one that could blow up. The joint zoning board unanimously approved the overlay in November. About a month ago, EmberClear appeared on the scene in the form of its U.S. subsidiary, Future Power Pennsylvania, to do a presentation at the zoning meeting where it would be asking for approval of its plans.

This time, word spread quickly through the community. A standing-room only crowd turned out for the zoning meeting and many voiced concerns, but, once again, the zoning board voted unanimously in favor of the plans. Community members immediately came together to form the South Heidelberg Community Association. They’ve formed committees, made t-shirts and yard signs, started a petition, done research, hired an attorney to challenge the way the overlay was handled, started fundraising, and hosted a community meeting that drew a crowd of nearly 700 people from their community and surrounding municipalities.

Many who attended the meeting were concerned about the GTL facility. A two-mile evacuation perimeter was established after the LNG explosion in Washington state last week. Many people reside well within two miles of the proposed GTL site.  Many others who attended were concerned about the pipeline projects proposed to bring gas to and take product away from the refinery. Twelve Berks County municipalities would be in the path of either the 7-mile spur of the Texas Eastern pipeline that would deliver Marcellus gas to the plant or the Mariner East pipeline that would transport the finished products to Marcus Hook for export. Sunoco, who operates the Mariner East pipeline, has applied to the PUC for utility status. If granted, the private, for-profit company would be able to operate as a utility, circumventing rules as it goes.

As recently as February, the Energy Information Administration stated that GTL facilities are not viable in the United States. The up front and operating costs are enormous. EmberClear would build the plant, but turn it over to another company to operate it. Shell, the operator of the largest GTL facility in the world in Qatar, scrapped plans to build a plant on the Gulf coast because of the costs involved. It’s possible that EmberClear will not find a partner. It’s also possible that the partner will be Sunoco and that the GTL facility will be operated by a company with utility status. Right now, there are more questions than answers, but the South Heidelberg Community Association is committed to fighting the project every step of the way. The back of their t-shirt sums it up, “Act Now or Live with This Forever”.

Sign the South Heidelberg Community Association’s petition here.

Visit our Berks as a Gas Hub page for more information and updates.

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Environmental Organizations Call on DEP to Postpone “Public Hearing” on Forced Pooling

For Immediate Release

 

March 17, 2014

 

Contact:

Karen Feridun, Berks Gas Truth, 610-678-7726

Carrie Hahn, Lawrence County Property Owner, 412-337-1671

 

 

Environmental Organizations Call on DEP to Postpone “Public Hearing” on Forced Pooling

Questions Raised by Legal Notice in Lawrence County Paper Remain Unanswered

 

Lawrence County, PA – More than twenty environmental organizations and other interested parties are calling on the state’s Department of Environmental Protection to postpone a public hearing announced on the controversial subject of forced pooling. A legal notice that appeared last week in a Lawrence County newspaper formally announcing the public hearing raised questions about how, and even if, the public would be allowed to participate.

Many of the issues raised in the letter the groups submitted to the DEP today (see below) were posed as questions in an email to the agency last week. Kurt Klapkowski, Director of Planning and Program Management, responded on March 12th explaining that a hearing officer had been assigned to the proceeding and saying, “We anticipate that the hearing officer will be issuing a pre-hearing order this week outlining responses to the questions you pose as well as other procedural matters.” The questions remained unanswered at week’s end.

However, other statements made by the agency over the course of the week raised even more questions.

“First it’s a public hearing, then it’s a public hearing that really isn’t a public hearing, but more of a non-adversarial trial,” said Karen Feridun, founder of Berks Gas Truth. “Forced pooling is one of the most controversial issues related to shale drilling. The first public hearing on forced pooling was bound to draw a crowd of people who want to voice their opinions. Publishing a notice for a public hearing that is actually something else is unacceptable. At this point, if the hearing officer decides the public can participate, it will be only a week or less before the hearing. And, if he decides they can’t, people who saw the formal notice and are making arrangements to attend may find out when they arrive that they won’t be allowed to comment. The DEP has made a confusing mess of this. The people deserve better.”

Forced pooling refers to the ability to drill under private property without the owner’s permission.

“Leasing our land was never something we would consider personally. Now we may not have a say if it happens or not if Hilcorp gets away with the taking of our property rights here in the Pulaski Accumulation and its precedent will affect Pennsylvanians everywhere. That’s a big deal and it’s a big deal that needs the public’s attention now before it’s too late for everyone across the state,” said Suzanne Matteo, a landowner in one of the units that could be pooled.

“Forced drilling is an explosive issue that requires expansive public discussion and DEP should be transparent and straightforward in addressing it, not jerking the process back and forth,” said Tracy Carluccio, deputy director, Delaware Riverkeeper Network.

Megan Wagner, the DEP’s press secretary, said on Friday that the agency and Hilcorp were working together to name “interested parties” who would be allowed to speak.

“The public needs to be involved whether they’ve leased for drilling, or not. This applies to those in the Marcellus, as well as the Utica, shales. This is about the government allowing a private company to take away YOUR RIGHTS to YOUR LAND. The public needs to have its say and the DEP is denying that. We are ALL “interested parties,” said Deborah Lambert, a property owner in the Utica shale.

“I live in the neighboring township and share the same school district.  I am concerned about the negative impact this may have on property values and taxes which fund my children’s education.  My family’s organic farm is the only unleased property in my area and we fear that our land may one day be forced pooled against our wishes – forced to endure the devaluation of our property value and to run the risk of not being able to insure my home, or secure a loan,” said Carrie Hahn, a Lawrence County property owner.

“DEP’s behavior on this forced pooling issue shows they have something to hide. Among other things, they are hiding that DEP is acting like an arm of the 1% corporate titans of this country, and of other countries, who wish to exploit the property of people whose homestead is the main source of wealth they possess in this world. Any public hearing should reveal which corporations and persons will be making massive profits from grabbing ordinary peoples’ private property. DEP will not want to answer that question,” said Stephen Cleghorn, owner of Paradise Gardens and Farm.

“When the Department of Environmental Protection makes an attempt to appear to be listening to the concerns of citizens, it needs to take the process seriously and proceed in a professional manner. Scheduling hearings in venues incapable of housing all possible attendees on short notice, and at times inconvenient to most working people is not professional. The lack of procedural competence suggests disrespect and a callous disregard for those citizens who are concerned and the most affected. It also begs the question, does the DEP really want to hear from Pennsylvanians who have serious objections to forced pooling which is little more than an attempt at a land grab by drillers? As long as the DEP continues to abdicate its responsibility to uphold Pennsylvania’s constitution which reads: ‘The people have a right to clean air, pure water, and to the preservation of the natural, scenic, historic and esthetic values of the environment. Pennsylvania’s public natural resources are the common property of all the people, including generations yet to come. As trustee of these resources, the Commonwealth shall conserve and maintain them for the benefit of all the people,’ it is failing in its mission. This needs to change,” said Michael Shaw, director of field research, Berks Gas Truth.

On Friday, the DEP issued a release saying that it is advocating for a public input process. “Our efforts to pressure the DEP are clearly working,” said Feridun. “We plan to keep the pressure on until the public is given its rightful opportunity to speak.”

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March 17, 2013

 

Kurt Klapkowski, Director, Planning and Program Management

Pennsylvania Department of Environmental Protection

Rachel Carson Office Building

400 Market St, 16th Floor

Harrisburg, PA 17105

 

Dear Mr. Klapkowski:

 

The undersigned Pennsylvania interested parties look forward to providing feedback on the application for Gas Well Spacing Units submitted by Hilltop Energy Company. Because this will be the first hearing on the issue of Forced Pooling in the Utica Shale, it is a matter of great interest to many Pennsylvanians. We respectfully make the following requests for modification of the public participation process.

 

Need to Notify Affected Landowners

We understand that landowners who will be directly affected should this application be approved were not notified of the public hearing, something that must be remedied immediately.

 

Need for Evening Hearing

According to the public notice, the hearing is currently scheduled to occur over two days. On March 25th, the hearing is set to begin at 10 a.m. and, on March 26th, it is set to begin even earlier at 8 a.m. Daytime hearings would make it difficult, if not impossible, for members of the public interested in commenting and learning more about the application to participate. We strongly encourage the DEP to hold the hearing in the evening to ensure that the public is part of the public hearing.

 

Need for Comment Period

The notice makes no mention of a comment period. Members of the public who can’t attend a public hearing or wish to elaborate on the comments they make at the hearing deserve the opportunity to submit written comments on this application. We strongly encourage the DEP to establish a formal comment period of no fewer than 90 days.

 

Need for Ample Notice of Hearing Schedule

The public notice appeared only two weeks before the first hearing date. The public deserves to be notified farther in advance of such an important hearing so they can make arrangements to attend. We strongly encourage the DEP to postpone the hearing date and provide the public with at least 30 days’ notice.

 

Need to Provide Instructions for Verbal Testimony Given at Hearings

The public notice provides no instructions for members of the public wishing to testify at the hearing. If members of the public are required to register to testify in advance of the hearing or if they are required to submit a written version of their comments for the record when they testify, the public notice should state that. We strongly encourage the DEP to reissue a public notice providing all the necessary instructions and contact information the public needs.

 

Need for Venue with Adequate Seating

According to the staff at the Lawrence County Government Center, there are two conference rooms in the building. The one they refer to as the Penn State room holds 8 people. The larger conference room holds 20 people. If either room is the one referred to in the public notice, then we strongly encourage the DEP to move the hearing to a much larger facility that will accommodate the much larger crowd you can expect.

 

Satisfying these requests will ensure the public’s rightful place in the discussion of this application and the issues related to it.

 

Thank you for your consideration. We look forward to your response.

 

Sincerely,

 

Berks Gas Truth, Karen Feridun, Founder

ChicoryLane Farm, Catherine F. Smith, Co-Owner

Clean Water Action, Steven Hvozdovich, Marcellus Shale Campaign Coordinator

Delaware Riverkeeper Network, Tracy Carluccio, Deputy Director

Earthworks, Nadia Steinzor, Eastern Program Coordinator

Elk County C.A.R.E.S., Michael Kamandulis, President

Environmental Action, Jesse Bacon, Field Organizer

Food & Water Watch, Sam Bernhardt, Senior Organizer

Fracking Truth Alliance of Lawrence and Mercer Counties, Carrie Hahn, Organizer

Gas Drilling Awareness Coalition of Luzerne County, PA, Alfonso Rodriguez, President

Lehigh Valley Gas Truth, Julie Ann Edgar, Organizer

Marcellus Outreach Butler, Michael Bagdes-Canning, Planning Group

Marcellus Protest, Mel Packer, Co-Founder

Paradise Gardens and Farm, James S. Cleghorn, Owner

Pennsylvania Alliance for Clean Water and Air, Jenny Lisak, Co-director

Physicians for Social Responsibility Philadelphia, Teresa Mendez-Quigley, Environmental Health Director

Protecting Our Waters, Coryn Wolk, Associate Director

Rivertown Coalition for Clean Air and Clean Water, Carol Parowski, President

Save Our Streams PA, Laurie Barr, Founder

Shale Justice, Wendy Lynne Lee, Executive Committee

Shalefield Stories/Friends of the Harmed, Briget Shields, Outreach Coordinator and Founding Member

ShaleTest, Director, SWPA

Stop Fracking PA, Christine Griffin, Coordinator

The Farmers’ Wife – Henry Family Farms, Margaret Henry, Owner/Operator

Irene Barrie, Bulger, PA

Adam J Bevan, New Hope, PA

Pauline Beck, West Middlesex, PA

Dee Boyd, Burgettstown, PA

Melissa Brown, Valencia, PA

Cheryl Caldwell, Baden, PA

Stephanie Carter, New Castle, PA

William R Chappell, New Castle, PA

Luana Cleveland, Williamsport, PA

Robert Coblentz, Butler, PA

Tara Craig, Allentown, PA

George Darrow, Shorewood, PA

Antoinette Davis, Pittsburgh, PA

Rhonda DeFelice, New Castle, PA

Lisa DeSantis, New Castle, PA

Janine H. Dymond, Harding, PA

Kim Eichenlaub, Gibsonia, PA

Daniel C Ferrell, New Castle, PA

Kelly Finan, Hop Bottom, PA

Rod Firmi, Edinburg, PA

John Fordice, Kennett Square, PA

Wayne Gray, Mills, PA

Reda Griffiths, Larksville, PA

Fred Gustafson, Coraopolis, PA

Bill Hahn, Volant, PA

Carrie Hahn, Volant, PA

Celia M Janosik, Sewickley, PA

Nancy Kauffman, Birdsboro, PA

Maria Kretschmann, Rochester, PA

Sue Laidacker, Danville, PA

Deborah Lambert, Darlington, PA

Allan Larsen, Grove City, PA

Nancy Leff, Pittsburgh, PA

Kathy L. Mallow, Reading, PA

Suzanne Matteo, West Middlesex, PA

Julie McLaughlin, Dallas, PA

Matt Miskie, Cleona, PA

Wendy Neilson, Aliquippa, PA

Stephen O’Hanlon, Downingtown, PA

Kevin O’Neill, Scarsdale, PA

Edie Ondrusek, Aliquippa, PA

Jesse Ondrusek, Aliquippa, PA

Cindy Parks-O’Neil, Kutztown, PA

Amy Ragsdale, Elkins Park, PA

Lori A Schmitt, York, PA

Linda Schoettker, Connoquenessing, PA

Shawna Selinsky, Aliquippa, PA

Michael Shaw, Kutztown, PA

Cheryl Thomas, Duke Center, PA

Joseph Thomas, Duke Center, PA

Joey Lynn Tomko, Sharon, PA

John Trallo, Sonestown, PA

Cindy K. Tricoski, Bechtelsville, PA

Rhonda Vasilj, Valencia, PA

Susan Watson, Pulaski, PA

Dylan Weiss, Presto, PA

Carrie White, Natrona Heights, PA

Crystal Yost, Valencia, PA

 

 

 

CC: Secretary Christopher Abruzzo

 

 

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Gas Well Fire’s Out in 30 Minutes or Less, or Your Pizza’s Free!

Chevron meme
Fire at gas well’s out in 30 minutes or less, or your pizza’s free!

Please join us in an action against Chevron on Monday. One of their gas wells in Greene County, PA exploded several days ago. One man was injured, another presumed dead. Days later, his charred bones were identified at the well pad. Residents are terrified for their health and safety, especially after being in proximity to a fire that burned for days. How did Chevron respond? Pizza coupons. Ok, I’m exaggerating. They also threw in a 2-liter soda. No substitutions. The coupon expires on May 1st. No joke.

Their “Let them eat cake” response offended people in Greene County, across the country, and around the world and on Monday we’re going to let them know that.

We’re asking everyone to call Chevron CEO James Watson and order a pizza (or tell him what you think of his company’s pizza insult). We’re also tweeting, posting to Chevron’s FB page, and emailing messages.

Best of all, we’re delivering petition signatures in pizza boxes to Chevron’s Smithfield, PA office. The petition calls on Chevron to apologize. We got 10,000 in just 24 hours! Hundreds of people have signed up to make calls and send messages.

John Watson
1-925-842-3232
jwatson@chevron.com
Fax Number: (925) 842-3530
Twitter: @chevron please use hashtag #cheesy (you can find sample tweets @berksgastruth
Facebook: https://www.facebook.com/Chevron

Please sign and share our petition! The ones that come in after those that are delivered in the pizza boxes will be auto-delivered to Watson’s email address.

And if you get any responses you’d like to share, please post them here or send them to Karen Feridun at berksgastruth@gmail.com.

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Drill Cuttings Used to Pave Roads? Say NO!

We need you to submit LOTS of comments to the DEP on this one!

Remember the stories of frack waste trucks being turned away from landfills because their loads were setting off radiation alarms?

Well, the loads consisted of drill cuttings.

NOW, Range Resources has applied to the DEP to use the cuttings as PAVING MATERIALS for well pads and access roads! If approved, this would set the precedent of deeming paving pads and roads a “beneficial use” of radioactive fracking waste.

Read more about it here!

Here’s the notice from the DEP:
REGISTRATION FOR GENERAL PERMIT—RESIDUAL WASTE

Application Received for Registration under the Solid Waste Management Act, the Municipal Waste Planning, Recycling and Waste Reduction Act and Residual Waste Regulations for a General Permit to Operate Residual Waste Processing Facilities and the Beneficial Use of Residual Waste other than Coal Ash.

Central Office: Division of Municipal and Residual Waste, Rachel Carson State Office Building, 14th Floor,

400 Market Street, Harrisburg, PA 17106-9170.

General Permit Application No. WMGR097R025, Range Resources—Appalachia, LLC., 100 Throckmorton

Street Fort Worth, TX 76102.

Registration to operate under General Permit Number WMGR097R025 for research and development activities to support the beneficial use or processing prior to beneficial use. The project involves the beneficial use of vertical drill cutting from natural gas wells as an aggregate in a stabilized soil pavement for construction of Marcellus Shale and Utica well pads and access roads.

The registration was received by Central Office on January 10, 2014.

Written comments concerning the research and development application should be directed to Scott E. Walters, Chief, Permits Section, Division of Municipal and Residual Waste, Bureau of Waste Management, P. O. Box 69170, Harrisburg, PA 17106-9170. TDD users may contact the Department through the Pennsylvania Relayservice, (800) 654-5984.

Comments may also be submitted via e-mail at ra-epbenuseall@pa.gov. When submitting comment via e-mail, place ‘‘Comments on General Permit Number WMGR097R025’’ in the subject line. Faxed comments will not be accepted. Public comments must be submitted within 60 days of this notice and may recommend revisions to, and approval or denial of the application.

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Press Release on SB 411 Letter to Senators

For Immediate Release
January 16, 2014
Contacts:
Tracy Carluccio, Deputy Director, Delaware Riverkeeper Network 215-369-1188 x104
Karen Feridun, Berks Gas Truth, 610-678-7726
Iris Marie Bloom, Director, Protecting Our Waters, protectingourwaters@gmail.com
Jay Sweeney, Green Party of PA, jnln@epix.net

Environmental and Community Organizations
Oppose SB411 Acid Mine Drainage Immunity for Fracking Bill
Letter filed pressing Pennsylvania Senators

Harrisburg, PA – Thirty five organizations representing members from throughout Pennsylvania filed a letter today opposing SB411calling upon Senators to either table the bill or vote no on the measure. The Senate is poised to vote on SB411 , which would amend the Environmental Good Samaritan Act (EGSA) and extend immunity for those involved in withdrawing Acid Mine Drainage (AMD) in connection with oil and gas operations and other uses offsite.
The letter reviews the far-reaching adverse environmental and community impacts that the bill would engender and the untenable situation for harmed residents who would be left without recourse due to the grant of immunity to the companies involved. The letter states: “The General Assembly would violate the Pennsylvania Constitution if it enacts SB411 without any environmental impact assessment. As the Pennsylvania Supreme Court made clear last month in the Act 13 litigation, the General Assembly has an obligation under Article I, Section 27 [the Environmental Rights Amendment] of the Pennsylvania Constitution to perform environmental impact analyses when it enacts legislation that affects the reserved environmental rights of Pennsylvania citizens and public natural resources.”
The letter goes on to explain that “Performing investigation and analysis in advance of acting, and taking seriously the outcome of those analyses, is part of the General Assembly’s obligation under the Constitution to avoid infringing on each citizen’s right to a clean, healthy environment, and to act as a trustee (a fiduciary) of the people’s public natural resources.”
The organizations make the point that the General Assembly’s fiduciary obligations requires members “…to consider before acting whether the proposed legislation will lead to the “degradation, diminution, or depletion” of the people’s public natural resources either now, or in the future” and an environmental impact analysis on the potential effects of the Bill’s provisions is essential, particularly in light of the very recent Supreme Court Decision in Robinson Twp., Washington Cnty. v. Com. The groups urge the Senate to table the bill until such a study is complete or to vote no if it is not tabled.
The full text of the letter and the signers follows.
Dear Senator,
Many of the undersigned organizations have written to you in the past expressing our opposition to SB 411. We want to bring to your attention an important issue regarding this bill.
The activities that would occur as a result of the enactment of SB411 are far-reaching and require comprehensive analysis and yet the General Assembly has not conducted any study or analyses of the potential impacts. This is a consequential mistake that must be avoided.
The General Assembly would violate the Pennsylvania Constitution if it enacts SB411 without any environmental impact assessment. As the Pennsylvania Supreme Court made clear last month in the Act 13 litigation, the General Assembly has an obligation under Article I, Section 27 of the Pennsylvania Constitution to perform environmental impact analyses when it enacts legislation that affects the reserved environmental rights of Pennsylvania citizens and public natural resources. Performing investigation and analysis in advance of acting, and taking seriously the outcome of those analyses, is part of the General Assembly’s obligation under the Constitution to avoid infringing on each citizen’s right to a clean, healthy environment, and to act as a trustee (a fiduciary) of the people’s public natural resources.
Article I, Section 27 declares:
The people have a right to clean air, pure water, and to the preservation of the natural, scenic, historic and esthetic values of the environment. Pennsylvania’s public natural resources are the common property of all the people, including generations yet to come. As trustee of these resources, the Commonwealth shall conserve and maintain them for the benefit of all the people.
As the Supreme Court recognized, the General Assembly must “consider in advance of proceeding the environmental effect of any proposed action on the constitutionally protected features.” Robinson Twp., Washington Cnty. v. Com., — A.3d —, 2013 WL 6687290, *33 (Dec. 19, 2013) (emphasis added). Further, the General Assembly has fiduciary obligations as a trustee of public natural resources who must conserve and maintain those resources for present and future Pennsylvanians. The General Assembly must consider before acting whether the proposed legislation will lead to the “degradation, diminution, or depletion” of the people’s public natural resources either now, or in the future. Id. at *38, *40 & n.46; see also 20 Pa.C.S. § 7203(a) & (c)(5); In re Scheidmantel, 868 A.2d 464, 492 (Pa. Super. Ct. 2005) (“trustee’s action must represent an actual and honest exercise of judgment predicated on a genuine consideration of existing conditions”); 20 Pa.C.S. § 7773. The General Assembly must also consider whether the legislation places higher environmental burdens on some Pennsylvania citizens than others, which violates a trustee’s obligation to treat the beneficiaries equitably in light of the trust’s purposes. Id. at *40, *59.
As you know, SB411 would amend the Environmental Good Samaritan Act (EGSA) and extend immunity for those involved in withdrawing Acid Mine Drainage (AMD) in connection with oil and gas operations and other uses offsite. SB411 would incentivize the spread of AMD-polluted water to other streams and watersheds in Pennsylvania. The bill does not promote the reduction and abatement of AMD pollution, which is the purpose of EGSA. In fact, SB411 would harm streams and communities where the AMD water is being withdrawn transferring water out of source watersheds, impacting water supplies upon which the people and economies rely in these areas. Voluminous withdrawals would deplete aquifers that sustain local water wells and healthy stream flows essential to the restoration of these vulnerable waterways that groups are struggling to bring back under the EGSA. There has not even been an analysis to show how much of this water could replace fresh water that is currently being used in well drilling and hydraulic fracturing, one of the rationales the bill is based on.
These are substantial impacts and important inquiries that require thorough analysis before SB411 is voted on. We ask you, as a Pennsylvania Senator who is bound to safeguard the public natural resources for our benefit and the benefit of future generations and who is bound to insure that all Pennsylvanians are treated fairly and equally, not disproportionately burdening some for the benefit of others, that you fully analyze the potential impacts of SB411 and not move ahead without that knowledge as the Senate is now poised to do. The Supreme Court has very recently reminded the General Assembly of this obligation in Robinson Twp., Washington Cnty. v. Com, please carefully consider their ruling and recognize the relevance to SB411.
We remain opposed to SB411 and we ask that SB411 be tabled immediately so the required environmental impact assessment can be conducted. If you do not table the bill, we urge you to vote no.

Sincerely,
Allegheny Defense Project, Ryan Talbott, Executive Director
Beaver County Marcellus Awareness Committee, Celia Janosik, Treasurer
Berks Gas Truth, Karen Feridun, Founder
Center for Coalfield Justice, Patrick Grenter, Esq., Executive Director
Citizens for Clean Water, Susquehanna County, Pa., Vera Scroggins
Citizens for Water, Joe Levine, Director
Clean Water Action – Pennsylvania, Steve Hvozdovich, Marcellus Shale Coordinator
Communities United For Rights and Environment, Kenneth Joseph Weir, President
Damascus Citizens for Sustainability, Barbara Arrindell, Director
Delaware Riverkeeper Network, Maya van Rossum, the Delaware Riverkeeper and Tracy Carluccio, Deputy Director
Earthworks, Nadia Steinzor, Eastern Program Coordinator
Environmental Justice Committee, Thomas Merton Center, Wanda Guthrie, Chair
Food and Water Watch, Sam Bernhardt, Pennsylvania Coordinator
Friends of the Harmed, Dana Dolney
Green Party of Pennsylvania, Jay Sweeney, Chair
League of Women Voters of PA, Susan Carty, President and Betty Tatham, Vice President, Issues and Action
Marcellus Outreach Butler, Diane Sipe, Director
Marcellus Protest, Briget Shields
Mountain Watershed Association, Beverly Braverman, Executive Director
NYH2O, Buck Moorhead, Chair
PA Forest Coalition, Richard A. Martin, Coordinator
Paradise Gardens and Farm, J. Stephen Cleghorn, PhD.
Peach Bottom Concerned Citizens Group, Maria Payan, Executive Director, York County, PA
PennEnvironment, David Masur, Executive Director
Pennsylvania Alliance for Clean Water and Air, Jenny Lisak, Co-director
Protect Eagles Mere Alliance, Shannon Baker, President
Protect Our Children, Diane Sipe
Protect Our Parks, Gloria Forouzan
Protecting Our Waters, Iris Marie Bloom, Executive Director and Coryn Wolk, Deputy Director
Responsible Drilling Alliance, Robert Cross, Board President
Shale Justice Coalition, John Trallo, Executive Committee
Sierra Club PA Chapter, Joanne Kilgour, Chapter Director
Upper Burrell Citizens Against Marcellus Pollution, Ron Slabe, Debra Borowiec, Co-founders
Westmoreland Marcellus Citizens’ Group, Jan Milburn, President
Youghiogheny Riverkeeper, Krissy Kasserman

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