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Morgantown Goes To Court Over Fracking Ordinance

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Martin Saffer
Jul 9, 2011
5:40 am

Modified Jul 11, 2011 @ 12:09 pm

Morgantown Goes To Court Over Fracking Ordinance

http://www.dailymail.com/News/201107070903
Friday July 8, 2011
Company to seek millions if gas drilling ban upheld
by From staff reports

The natural gas company suing to end the City of Morgantown's ban on hydraulic fracturing is confident that a court will strike down the ban.

But, if not, Charleston-based Northeast Energy wants about $42 million from the city to make up for its lost investment and the gas it won't be able to get out of the ground if the ban is kept in place.

In a series of filings in Monongalia County Circuit Court on Thursday, Northeast asked Circuit Judge Phillip Gaujot to temporarily prevent Morgantown officials from enforcing the law while the company "fracks" its wells.

To get gas from the Marcellus shale, companies like Northeast use a water-intensive technique known as hydraulic fracturing, or "fracking," to free gas from shale rocks. City officials and many residents are concerned chemicals in the frack fluid could enter the public water supply, despite industry assurances the practice is safe.

The company would need a few weeks to frack the Morgantown site and would be ready to do so in mid-August, said Northeast's attorney in the case, Mike Garrison.

"Northeast intends to prosecute its claim against the City of Morgantown aggressively and to the fullest extent," he said.

Garrison added, "In the unlikely event, however, that the ordinance is upheld, Northeast will seek tens of millions of dollars from the city for compensation for the unlawful taking of the property rights and the permanent damage to its investment in this project."

Martin Saffer
Jul 9, 2011
5:46 am
Re: Morgantown Goes To Court Over Fracking Ordinance

Observation from Ben Price who spoke to the Commission several months ago about "community rights":

"Attorneys for a West Virginia Corporation threaten to sue the City of Morgantown West Virginia for violating the Civil Rights of the corporation if the City's ordinance banning natural gas drilling is upheld as legal by the Monogalia County Circuit Court.

So, even if the ban is legal, the corporation attorneys say the corporation has rights that the City has no authority to violate.

Too bad Morgantown didn't adopt a Community Rights Ordinance to ban the drilling. Then the attorneys for the City could readily make the case that the City adopted the ordinance precisely to protect rights: the legitimate rights of the residents of the City, which are under threat of violation by the North East Energy Corporation.

The Community Rights ordinances adopted by Pittsburgh, West Homestead, Balwin PA, as well as Mountain Lake Park WV and Wales NY recognize the rights of the people as superior to privileges granted to corporations in the name of the people, and those ordinance revoke such privileges from corporations that would attempt to violate the prohibition against drilling and thereby violate the rights of community residents.

So which is it? Corporations have Civil Rights, or People have Civil Rights?"

Martin Saffer
Jul 11, 2011
7:33 am
Re: Morgantown Goes To Court Over Fracking Ordinance

The surest way out of the problems with marcellus gas drilling is to say "no" to leases and make a determined choice to protect Pocahontas County and your family's land into the future. Regulations and ordinances are ways to attempt to hold this tiger by the tail; the best and most effective solution is to choose not to lease in the first place or not to renew your lease. I believe that in life choices have to be made and it is naive and wishful thinking in situations like this that one can have your cake and eat it too.

Pa-Resident
Jul 12, 2011
8:06 am
Re: Morgantown Goes To Court Over Fracking Ordinance

If an outright ban on Marcellus drilling cannot be sustained, there is a fall-back protection. The ordinance can require the well owner to obtain site-exposure, pollution liability insurance. This protection is harder to contest in court since it parallels the mandatory insurance required to register a car.

Note that general liability insurance for the well owner is not adequate. The site-exposure insurance would consider details like geological conditions, unique values of the exposed site, and the contractual agreements the well owner has made with subcontractors. To protect the water table, the face value must be in the range of $100,000,000, with premium payments guaranteed over an extended period via a surety bond.

For more information on site exposure insurance check web site http://MarcellusInsurance.Wordpress.com

Martin Saffer
Jul 12, 2011
8:17 am
Re: Morgantown Goes To Court Over Fracking Ordinance

Insurance "compensation" for ruined water is not compensation at all. The victim of a car accident in a wheel chair is never "compensated" for his loss in court and would gladly trade ever dollar to be back like his was before the accident. Just say "no"!

freeholder
Jul 12, 2011
8:59 am
Re: Morgantown Goes To Court Over Fracking Ordinance

Are there engineers,scientists,fururists somewhere in the world who can drill gas without destroying the water ? How is it that much of WV , including Randolph co. , adjacent to Pocahontas, has had natural gas use for many years but drinkable water too?Go back to a safe method of drilling and forget about this dangerous fracturing of rock using many chemicals.

Martin Saffer
Jul 12, 2011
9:08 am
Re: Morgantown Goes To Court Over Fracking Ordinance

The only way to get shale gas is to frack and rupture the shale. My wife has property in Upshur County where water was ruined by merely core drilling. Pocahontas County has some of the best water in the world why on earth would we trade that for a fast buck and a ruined future??

freeholder
Jul 12, 2011
9:46 am
Re: Morgantown Goes To Court Over Fracking Ordinance

Speaking as a non -engineer,i do not believe that corE drilling always ruins the water supply. We can have the" best water in the world" and also the convenience of gas heating.Many places seem to have done so for many years.

Higher Ground
Jul 12, 2011
4:06 pm
Re: Morgantown Goes To Court Over Fracking Ordinance

We observe that the Mike Garrison who is representing the drillers in the suit against Morgantown is the same Mike Garrison who, before he was forced to resign as president of WVU, arranged to have then Governor Manchin’s daughter granted a degree she did not earn. It will be recalled that the same daughter was given a cushy, highly paid job with Milan Pushkar’s drug manufacturing company. What used to be Mountaineer Field is now Milan Pushkar Stadium. Milan Pushkar has been a long-time patron of now Senator Manchin. Those who have followed the Marcellus Shale controversy will recall that WVU has conducted several public meetings on the Marcellus Shale that minimized the potential for harm and oversold the economic boom that would result.

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