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