Spring Outing June 17-19 2011

On June 17-19 Allegheny Defense Project will meet near the confluence of Salmon Creek and The Branch (a tributary of Salmon Creek) for our Spring Outing. Follow this link to a map of the camp location and/or see illustrations below. The easiest path to the site is from Route 666 crossing the bridge over Salmon Creek at Kelletville near Cougar Bobs. We will make camp Friday evening (June 17), starting at 5pm. The camp will be beside the Branch where the North Country Scenic Trail crosses FR 127 (AKA the Branch Ridge Road) and meets The Branch. Saturday morning we will discuss issues and strategy in a Forest Watch update. Saturday afternoon we will hike and backpack as far as we like on the North Country Trail and spend Saturday night on the trail. Please bring all of your own gear and food (including device to filter water). Our base camp Friday night (June 17) will be a primitive camp with no facilities. Saturday night (June 18) will be backpacking hiking and camping.

If you do not have gear but would like to join us for the base camp or backpack camp we may be able to outfit you with some items. Please contact us below if you need gear or have questions.

Please also feel free to join us for socializing and Forest Watch update Friday evening or Saturday morning even if you do not intend to camp.

Contact: Office: 814-454-7523 Cell: 814-520-4639 (We will be unable to communicate by phone after noon Thursday June 16).

Spring Outing (right click for larger image)

Spring Outing Location

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Department Of Environmental Protection Admits It Has No Authority To Permit Water Withdrawals For Marcellus Shale Gas Drilling In Western Pennsylvania

Download Related Documents Below

November 23 Press Release	July 26 Press Release
November 15 Letter to John Hanger	July 26 Letter to John Hanger
Response from DEP	All Documents
Response from ANF	File Review Documents

 

 

November 23, 2010

FOR IMMEDIATE RELEASE
Contact: Cathy Pedler – (814) 454-7523
Bill Belitskus – (814) 778-5173
Ryan Talbott – (503) 887-7845

Department Of Environmental Protection Admits It Has No Authority To Permit Water Withdrawals For Marcellus Shale Gas Drilling In Western Pennsylvania

Nonetheless, DEP continues to encourage illegal water withdrawals

On July 26, the Allegheny Defense Project sent a letter to Pennsylvania Department of Environmental Protection Secretary John Hanger challenging the agency’s statutory authority to permit water withdrawals for Marcellus Shale gas drilling in western Pennsylvania. Marcellus Shale gas drilling requires millions of gallons of water for the High Volume Slick-water Horizontal Hydraulic Fracturing process. In central and eastern Pennsylvania, the Susquehanna and Delaware River Basin Commissions have authority to permit water withdrawals. There is no commission with such authority in western Pennsylvania, however, and the DEP lacks statutory authority under state law to issue water withdrawal permits.

In his response to the Allegheny Defense Project, Secretary Hanger acknowledges that the DEP’s approval of a “water management plan” (WMP) does not, in fact, constitute an actual authorization to withdraw water from streams, lakes, and rivers.  Secretary Hanger responded with the following disclaimer:

“DEP’s approval of [a Water Management Plan] does not give the operator any real or personal property rights, or the right to access water. For example, this approval does not grant or confer to the operator any right, title, easement, or interest in, to or over any land, including that of a riparian owner. Moreover, this approval does not obviate the necessity of the operator to obtain the proper consent from the riparian landowner and to comply with federal, state, and local legal requirements and common law regarding property rights. Rather, DEP’s WMP approval is intended to ensure that an operator’s use of water for natural gas well development does not violate Pennsylvania statutory law. For these reasons, DEP does not require an operator to notify riparian landowners or demonstrate that it has authority to make a water withdrawal.” (emphasis added)

Secretary Hanger’s claim that the WMP process is not viewed by the DEP as an authorization to withdraw water is contradicted by the DEP’s own documents. For example, on May 11, 2010, the DEP sent a letter to East Resources regarding the company’s proposal to add the Allegheny River as a new water withdrawal source to its existing WMP. DEP “approved” East Resources to withdraw 600,000 gallons of water per day from the Allegheny River.

“It is disingenuous for DEP to claim that its approval of a WMP for Marcellus Shale gas companies is not actually a permit to withdraw water,” said Bill Belitskus, Board President for the Allegheny Defense Project. “When the DEP sends letters to gas companies telling them they are ‘approved’ to withdraw specific amounts of water, it defies logic for the DEP to turn around and argue that it has not authorized a water withdrawal.”

Unable to cite legal authority to permit water withdrawals by Marcellus drillers from western Pennsylvania’s waterways, Secretary Hanger’s head-in-the-sand approach rises to intentional malfeasance when he states, “DEP does not require an operator to notify riparian landowners or demonstrate that it has authority to make a water withdrawal.” Instead, Secretary Hanger erroneously claims that its up to “the operator to obtain the proper consent from the riparian landowner” to withdraw water from western Pennsylvania waterways.

It must be noted that under Pennsylvania riparian law that, “a riparian owner has no property right in the water per se, but rather only a right to use the water on the riparian land. Accordingly, diversions for uses elsewhere are not protected by common law.”  In other words, riparian landowners cannot sell water nor access to water under riparian rights common law; so the DEP’s assertion about operators obtaining “proper consent from the riparian landowner” is absurd on its face.

“What is truly upsetting about Secretary Hanger’s response is that while he acknowledges on the one hand the DEP has no authority to permit water withdrawals, on the other hand he refuses to require proof that these companies have any legal authority to withdraw water in the first place,” said Cathy Pedler, Forest Watch Coordinator for the Allegheny Defense Project. The DEP should not issue any more drilling permits for any oil and gas drilling until companies can demonstrate that they have a legal right to withdraw water from Pennsylvania’s waterbodies.”

#

[1] Craig M. Wilson, “Water Resources,” ch. in Pa. Environmental Law and Practice, Terry R. Bossert & Joel R. Burcat, eds. (5th Ed. 2008), PBI No. 5203, p. 189.

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Frack U Counter Summit To Dig Into Marcellus Shale Drilling

FOR IMMEDIATE RELEASE: October 27, 2010
Alex Lotorto, 570.269.9589 

alotorto@gmail.com

Jaime Robertson, 412.425.0822

jar138@pitt.edu

Liam Swanson, 412.398.0842

lss25@pitt.edu

Frack U Counter Summit To Dig Into Marcellus Shale Drilling
“No fracking way,” say Pennsylvania residents to hydro-fracking and shale gas drilling

Pittsburgh, PA – On Saturday and Sunday, October 30 through October 31, residents from across the Marcellus region will participate in Frack University at the University of Pittsburgh’s David Lawrence Hall, a counter-summit to oppose shale gas drilling – with natural gas industry executives gathering for a summit on drilling at the David Lawrence Convention Center the following week.

The two day Frack U summit [ www.frackuniversity.blogspot.com ] was organized by members of the Pittsburgh Student Environmental Coalition, Free The Planet (University of Pittsburgh), Pitt Students for a Democratic Society, and members of the Marcellus Protest Coalition. The event is free to the public. 

Frack U will feature a 10am Panel of Affected Community Members, a press conference on Saturday at 1:15pm on the steps of David Lawrence Hall, a 1:30pm Pittsburgh premiere screening of the documentary All Fracked Up with directors Jeff and Jodi Andrysick, a Halloween-themed anti-fracking variety show at 7pm Saturday night, and a caravaning Haunted Farm Frack or Treat Tour of Hickory, PA leaving on Sunday at noon from the Cathedral of Learning on Bigelow Blvd.

Community members, as well as students and youth, will also be meeting in workshops and discussion groups throughout the weekend to discuss social movement strategy for ending the use of dangerous hydraulic fracturing to procure natural gas from the Marcellus Shale by exposing its risks and driving down shareholder confidence.

Liam Swanson, a sophomore and member of Pitt Students for a Democratic Society, said, “Politicians, investors, and of course, the gas companies are lined up to get a piece of the Marcellus shale. That’s why we organized this free conference for working people and affected communities, to enjoy each other’s company and support coalition building. There are only two sides, ‘for’ or ‘against’ fracking here, and Frack U attendees are against, hence the name.”

Specific strategy discussions will include community monitoring and enforcement of environmental quality standards, trucking violations, and public health, passing local bans and tighter legislation to make the process more expensive for drillers, using the courts to file injunctions under the Endangered Species Act, multi-plaintiff lawsuits, and permit appeals, advocating for alternative, sustainable energy to displace the need for natural gas, focusing on shareholders and organizational financial divestment from drilling, and creative protest methods to win the hearts and minds of decision makers or even challenge them.

Alex Lotorto, a labor union delegate for the Industrial Workers of the World and Marcellus Protest member, said, “I’m here because the Delaware River watershed where I grew up is slated to be fracked. I’m here to protect myself, my family’s health, air, water, and the value of my home. I moved to Pittsburgh when I wanted to find a good job that didn’t require me to destroy the place in which I live and is going to stick around for a while. This ‘frack and leave’ gravy train isn’t right for Pennsylvania or working people. Soon it will be gone, like steel and coal.”

Marcellus Protest, [ www.marcellusprotest.org ], is an alliance of western PA residents, building a movement to stop the destruction of the environment and communities caused by Marcellus Shale gas drilling.

Industrial Workers of the World (IWW) [ www.iww.org ] is a labor union for workers in every industry formed in 1905. The Pittsburgh branch opposes the use of hydraulic fracturing as a method to procure natural gas from the Marcellus Shale and, instead, supports a move towards sustainable energy production.

The Pittsburgh Student Environmental Coalition (PSEC) [ www.pittsburghsec.wordpress.com ], started in November of 2009, is a collective of youth-run environmental organizations working to promote positive environmental change in Pittsburgh and beyond by empowering youth to take action in their own communities. PSEC helps to unify and strengthen the voices of Pittsburgh youth by providing a forum for communication, sharing resources, and fellowship. Green Horizons [Chatham University], Evergreen [Duquesne University], Free the Planet [University of Pittsburgh], Engineers For A Sustainable World [University of Pittsburgh], Sustainable Earth [Carnegie Mellon University],  The School of Life [Community College of Allegheny College], The Blue Green Alliance, and Sierra Student Coalition / Sierra Club.

Free The Planet (FTP) [ www.pittenvironmental.org/groups/ftp ] is a student environmental organization at the University of Pittsburgh working on campus and in the community to foster awareness about important environmental issues while taking action to resolve them. FTP’s primary goal is to creatively instill a passion for sustainable, environmentally friendly, and healthy living in Pitt’s student body and beyond.

Pitt Students for a Democratic Society (SDS) [ www.newsds.org ] is a collection of individuals dedicated to offering sensible alternatives to mainstream political and social ideologies. SDS hopes to provide a bridge between students and the larger community in which they live, in a way that fosters activism and mutual aid across the traditional borders, such as gender, sexuality, color or class.

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Letter To John Hanger: PA Department of Environmental Protection Unlawfully Permitting Water Withdrawals

July 26, 2010

Via Electronic Mail and Certified Mail, Return Receipt Requested

John Hanger, Secretary
Department of Environmental Protection
Rachel Carson State Office Building
400 Market Street
Harrisburg, PA 17101

Dear Secretary Hanger:

Marcellus Shale gas drilling poses significant risks to Pennsylvania’s waterways, both in terms of water quality and quantity.  Drilling a Marcellus Shale gas well requires millions of gallons of water that drilling companies withdraw from our streams and rivers.  According to the Pennsylvania Department of Environmental Protection’s (DEP) website, in addition to several media reports and documents obtained through recent file reviews, the DEP is purportedly authorizing water withdrawals for Marcellus Shale gas drilling under an allegedly comprehensive regulatory scheme that protects Pennsylvania’s waterways.  The fact is, however, that any purported “approval” or “authorization” or “permitting” by the DEP of a surface water withdrawal in western Pennsylvania would be clearly illegal, beyond the DEP’s statutory authority and in direct contravention of the rights of those who hold valid surface water rights under Pennsylvania law.  At best, the DEP’s recent conduct discussed below amounts to the DEP intentionally ignoring and facilitating illegal water withdrawals by numerous Marcellus shale drilling operations.  At worst, the DEP is, in direct violation of its authority under Pennsylvania law, purporting to authorize the withdrawal of water by entities that in fact also have no legal right to make such withdrawals under Pennsylvania law.

There are two major problems with the DEP’s actions with regard to “approvals” of water withdrawals by Marcellus shale drillers.  First, any notion that the DEP has a comprehensive regulatory scheme in place to keep a check on water withdrawals for Marcellus Shale gas drilling is simply erroneous.  In fact, water resources law in Pennsylvania “is not guided by any comprehensive statutory or regulatory program.”¹ Second, and most importantly, the DEP actually has no authority whatsoever to authorize or permit water withdrawals in Pennsylvania. In other words, if the DEP “authorizes” or “permits” water withdrawals for Marcellus Shale gas drilling, it is acting without authority and encouraging unlawful conduct…Read More

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Over 1,000 Attend EPA Hearing on Hydraulic Fracturing Study

July 22nd the U.S. Environmental Protection Agency (EPA) held one of four public hearings  for a study on Hydraulic Fracturing that will look for potential relationships between the process and drinking water resources. The EPA held the meeting in a Hotel in the the Southpointe Industrial Park near Canonsburg, Pennsylvania, which also happens to be the base for Chesapeake Energy, Columbia Gas Of Maryland Inc., CONSOL Energy Inc.,  EOG Resources Inc., Halliburton, Range Resources, and Reliant Energy. Over 1,000 attended the event according to the Pittsburgh Post Gazette. The majority of the citizen speakers spoke out against the drilling practice and many called for a moratorium. Industry supporters described the outcry against the drilling process as “…anti-capitalist demonization and misinformation…“

Cecil Township Police were present at the event, including two K9 vehicles. Two officers were stationed at the public comment podiums so that they could, according to the night’s moderator from  The Cadmus Group, Inc., escort those giving public comment back to their seats if they did not stop speaking immediately after their allotted 2 minutes expired. One hundred and thirty speakers gave their input to the EPA.

Bill Belitskus, Walt Atwood, and I attended the event along with many others concerned about the  the oil and gas industry’s use of Hydraulic Fracturing in Pennsylvania. Myron Arnowitt of Clean Water Action, Peter Wray and Claudia Kirkpatrick of the Allegheny Group of the Sierra Club, Nadia Steinzor of the Earthworks Oil and Gas Accountability Project, and the Green Party’s Mel Packer to name a few. Although Police and the the Hilton Garden Inn manager had no problem with an oil and gas industry demonstration on the sidewalk at the front entrance to the hotel, Police and the Hotel management chased an environmental coalition’s press conference around their grounds attempting to interfere with the press event (See Video). Clean Water Action’s Myron Arnowitt, who organized the event, eventually persuaded the Police to allow the group to speak with reporters.

Inside, we lined up with the others who wished to speak to get yellow bracelets with numbers showing the order in which we would share our comments with the EPA. Our numbers were keyed to our names and affiliations so that the moderator and the Police escorts could keep track of us as we stood in line waiting for our chance to speak. AP’s Marc Levy reported on some of those giving comments,

Darrell Smitsky said five of his goats died mysteriously and, even though state regulators told him the water was safe, his own test showed sky-high levels of manganese and iron. When he blamed the drilling company, he said, it responded, “Can you prove it?”

…Read More

Photos By Bill Belitskus, Walt Atwood, Cathy Pedler

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Five Marcellus Shale Gas Wells Planned For ANF Lands

Documents from a Freedom Of Information Act (FOIA) request by the Allegheny Defense Project (ADP) show that there are currently plans for five Marcellus Shale gas wells on the public lands of the Allegheny National Forest (ANF).

Three of the wells are planned by East Resources (Royal Dutch Shell) including,

1) one well in the Glad Run watershed,

2) a well on FR 444 in the Chaffee Run watershed (headwaters of the South Branch Of Tionesta Creek), and

3) one well in the Log Run watershed (East Branch of Millstone Creek).

Pennsylvania General Energy is planning

4) one well on Coalbed Run.

Hanley & Bird is planning

5) one well on Pine Run (headwaters of Big Mill Creek).

In addition to these five wells there are nine wells in the footprint of the ANF on private in-holdings or on State Gamelands (i.e., No. 28, and No. 24). There are a total of 92 Marcellus Shale gas wells in the four county area of the ANF, including Warren, Forest, McKean, and Elk counties. The image on the right links to a map that plots the Marcellus Shale gas well drilling sites with well and company data…Read More

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PREMIERE OF “GASLAND” In Warren and Bradford PA

Live appearance by Sundance Film Festival-winning director Josh Fox

WARREN, Pa., (May 14, 2010) – The Boonies International, an Independent Film Festival at Warren, PA announces the presentation of the Josh Fox film Gasland at the Struthers Library Theatre in Warren, PA on Sunday, June 6, 2010 at 1:30 PM (doors open 1:00 PM); and in Bradford, PA at the University of Pittsburgh at 6:30 PM (doors open at 6:00PM). Warren and Bradford are two of 20 stops on the filmmakers’ grassroots tour with his film through Pennsylvania and New York, in a run-up to its June 21st HBO premiere. The event is part of an ongoing series of independent films being screened in Warren as a means of introducing the community to the world of independent film.

The Struthers Library Theater (302 West 3rd Avenue, Warren, PA )
will host the first screening on June 6th—a Sunday matinee. Theatre doors will open at 1:00 PM. Local musician Stan Barton will perform on stage prior to the screening of the film, which will begin promptly at 1:30 PM. A panel discussion and Q& A with Fox; Ben Price, Community Environmental Legal Defense Fund, and the Pennsylvania Community Rights Network Projects Director; and Paul Burroughs, Environmental Attorney

The Environmental Studies Club at the University of Pittsburgh at Bradford (300 Campus Drive, Bradford, PA) will host the evening show on June 6th with doors opening at 6:00 PM. There will be a short introductory performance for the film, which begins showing at 6:30 PM. The Q&A panel described above will also follow the evening show.

The hosting coalition includes the Allegheny Defense Project, Bradford Earth Day, the Lake Erie Group of the Sierra Club Public Lands Action Team, the Niagara Group of the Sierra Club, the Environmental Studies Club at the University of Pittsburgh at Bradford, the Seneca Chapter of Trout Unlimited, Friends of Rimrock, Good People Gather, Presque Isle Audubon Society, Tionesta Valley Snowmobile Club, Allegheny Outdoor Adventures, Save Our Streams, The Pennsylvania
Steelhead Association, Moshannon Group of the Sierra Club, Earth Action and other community groups. The 20-city screening tour is co-organized by Delaware Riverkeeper Network, Catskill Mountainkeeper and Earthjustice. Read More

Contact:

Jeff Clark, The Boonies Executive Director
814.723.1952, jeffclark1952@verizon.net

Cathy Pedler, Allegheny Defense Project, Forest Watch Coordinator
Lake Erie Group of the Sierra Club Public Lands Action Team
814-454-7523, cpedler@alleghenydefense.org

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