PA Creates New Fracking Restrictions

Pennsylvania has seen a mixed bag from natural gas hydraulic fracturing. One the one hand, thousands of jobs have been created, while on the other activists argue that there has been irreparable damage to the environment.

 The state's Department of Environmental Protection announced that their Chapter 78(a) regulations went into effect October 22nd. The current governor, Tom Wolf, ran and won the 2014 gubernatorial race based on a promise to restrict fracking.

The new regulations have a multitude of effects, including:

• Allowing the DEP to require special protective measures for drilling near school property, playgrounds, parks, forests, and other public property.
• Operators must remediate any water supply affected by oil and natural gas development.
• Electronic filing provisions for the DEP to track well development and operations.
• Strengthen regulations for storage of fracking wastewater. This includes a general, but not complete, prohibition of disposal of drill cuttings at well sites.

According to the Marcellus Shale Coalition the new requirements will increase filing requirements of 70 new forms per well. They estimate that the regulations could cost $2 million per well, which could cause a reduction in well drilling.

Middleburgh Board to Pass Fracking Ban

The Middleburgh Town Hall was packed for today's regular meeting of the Town Board. Many members of the community turned out to hear about whether the proposed fracking ban would pass. The proposed Slottje provisions, written by two attorneys have been passed by several surrounding towns.

The public hearing featured nineteen consecutive speakers, all against hydrofracking. The members of the audience asked the Town Board to support the ban. The law would require three of the five members to vote yes. Councilman Frank Herodes was absent for a family emergency. At stake was whether or not another member would become the pivotal yes or no vote.

Village Trustee William Morton said that natural gas development could hurt local tourism initiatives.

Supervisor Jim Buzon said that the ban should be passed and his experience seeing fracking firsthand in Pennsylvania and the threat of contaminated water. Councilwoman Sue Makely echoed his comments and thanked people for coming to the meeting. Councilman David Lloyd, who has resisted a fracking ban, was silent.

It appeared that the proposed law was about to pass as Councilman Brian DeFeo stated he would vote for them. However, Town Attorney Mike West counseled the Board to wait seven days to inform the surrounding towns, as required by law. The Slottje anti-fracking provisions should pass with a majority vote at the next meeting.

Letter to the Editor: Please Attend Fracking Law Hearing

I want to announce that  a public hearing will be conducted Thursday, October 9th, at 7pm at the Middleburgh Town Hall.  This hearing will provide an opportunity for residents and business owners  to express their views on the proposed amendments to the Town's zoning ordinance designed to prevent gas drilling and hydraulic fracturing in the Town of Middleburgh.

The proposed amendments were developed by David and Helen Slottje and have been upheld by three courts, including the New York State Court of Appeals, the highest court in the State.  Helen Slottje was awarded the prestigious Goldman Award for her work on these particular zoning provisions. This is an international award which only five people in the world received in 2014.  Over 200 towns in New York State have adopted the Slottje provisions. All work, including work for the Town of Middleburgh, has been done on a pro bono basis by the Slottjes.  This includes two trips to Middleburgh from Ithaca.

The Towns of Blenheim, Broome, Fultonham and Schoharie have adopted the Slottje provisions leaving Middleburgh the only town in Schoharie valley not to have adopted them.

This is an important hearing the outcome of which could have far reaching consequences not only for the Town of Middleburgh, but  for Schoharie valley as well.

Please plan on attending the hearing to share your views.

Bill Morton
Middleburgh

450 Signatures Presented to Middleburgh Against Fracking

Last Thursday the Middleburgh Town Board had a lively debate about the potential merits and dangers of fracking. Most of the conversation warned against the practice, with various fears regarding the possibility of it coming to Schoharie County.

Village Trustee William Morton with the help of several volunteers received a series of signatures asking the Town Board to ban hydrofracking within its borders. The petition specifically asks for the Town Board to pass the "Slottje provisions," written by two attorneys as a watertight law unlikely to be overturned in appellate court.

The 450 signatures represent a large segment of the Town's population, noted Trustee Morton. He stated that upwards of 80% of those asked to sign did so.

In order to pass the Slottje provisions into law, the Town Board must first set and hold a public hearing. There was a lively debate over whether to set this hearing among the members.

Council member Susan Makely said that the signatures represent many people that want something done immediately.

Supervisor James Buzon, who has struggled to convince the Town Board to agree to ban fracking, agreed.

Council member Frank Herodes said that he did not like mention of how natural gas development could affect deer hunting. He said that he did not like hunting.

After a spirited debate, the Board voted 5-0 to set the public hearing on the Slottje provisions. While it is unclear if the provisions will pass next month, it is the farthest the discussion has gone in over two years of debate.

Analysis: Fracking Development Would Mainly Aid Two Local Companies

The fracking debate in Schoharie County has heated up of late. The New York State Legislature has passed a three year moratorium on hydraulic fracturing. In Middleburgh, Town Board members are under fire by local residents for delaying a vote on the Slottje anti-fracking provisions. A state court decision also stated that local home rule laws could strictly allow or ban the practice.

However, one company believes that these local laws are irrelevant and deserve to be ignored.

“The ultimate lever for utilizing home rule is zoning, but the oil and gas laws supersede municipal zoning laws,” said Cobleskill Stone Products Attorney John Holmes when interviewed for an academic publication, “...Should the local have a veto effect over the majority? You have heard of a tyranny of the majority, what about a tyranny over the majority by the minority?” The attorney added that the company has a contract for natural gas development on a property in Chenango County, NY.

Former Cobleskill Mayor Mark Galasso believes similarly. He stated in the same series of interviews that loyalty to Schoharie County is irrelevant and that it could only be placed in the United States. He blamed local politics, “Home rule is mob rule.” In 2011, it was reported that upwards of 35% of profits of Galasso's company, Lancaster Development is due to hydraulic fracturing involvement. His company builds many of the large roads for fracking practices in Pennsylvania. He said that anti-natural gas advocates' thinking "is like that of a Neanderthal."

It was reported in December 2012 in the Cobleskill paper that the Town of Cobleskill was considering allowing fracking in its two industrial zones-- both owned by Cobleskill Stone Products, owned by Emil Galasso. The large amounts of water needed to hydraulic fracture the sites could now be provided by the extension of the Village's water line-- a $9.2 million project paid by taxpayers pushed through by then Mayor Galasso and then Supervisor Murray. As WNYT reported earlier this year, the pipe for the Constitution Pipeline has already been delivered to local sites. One of the primary staging sites for construction is owned by Lancaster Development in Richmondville.

Fracking Likely to Dominate R'ville Public Hearing

The Richmondville Town Board will be holding its regular board meeting for the month of July tonight at 7:00 p.m. at the Richmondville Volunteer Emergency Squad building located on Route 7 near the outskirts of the Village. It was rescheduled to this evening due to the Ethington hearings that were held last week.

In addition to the regular agenda, members of the board and general public will have the opportunity to comment during a public hearing on the new proposed Zoning Law, which has been under review and rewrite for several years, and can be viewed on the municipality's website here. 

One potential point of contention within the proposed law is language viewed as hostile to fracking interests, which was promoted by members of the community concerned with the controversial natural gas practice of extraction, and has become a hot button topic of discussion in the Town of Richmondville. 

The Center for Sustainable Rural Communities, which favors stringent language against fracking and other industry related activities in Richmondville, sent an email to supporters Wednesday afternoon urging area residents to attend tonight's meeting and stand for the proposed environmental protections. 

Letter to the Editor: Residents Need to Remain Vigilant on Pipeline

Dear Editor:

For almost two years residents of Schoharie County have faced the possibility that a large, high-pressure natural gas pipeline would cut through the heart of the County while landowners in its path would face the seizure of their property under eminent domain or be forced to settle for a small one-time payment in exchange for giving up control of their property to Constitution Pipeline Company forever. At the same time many read news stories about the terrible safety record of the very companies proposing to build the pipeline, with almost monthly reports of fires and explosions, all to facilitate the export of fracked gas to Canada and ultimately overseas.

To their credit, many area residents organized and resisted bullying by the pipeline company, while simultaneously, the NY State DEC and other agencies called the pipeline company’s proposal inadequate and potentially harmful to the environment.  As a result, the Constitution Pipeline approval process has been significantly delayed and the project may never be built.

But before beleaguered landowners could breathe a sigh of relief they now have a second pipeline proposal slashing through many of the same properties. It is clear Schoharie County is a target for exploitation by gas companies who think they can do what they want to rural communities and ultimately, build an infrastructure that will help them frack our farms, fields and backyards.

The only way to stop them is to refuse to allow them to survey, to refuse to sign your rights away. Constitution is in trouble because the residents of our region have said “no” in large numbers. So far Schoharie County has been stronger than the drillers and the pipeline companies. We need to continue to be strong and not allow the dangerous industrialization of our rural communities.

If you receive a letter from a pipeline company return it to them with a registered letter denying them permission to come on your property.  If they knock on your door, send them away without permission to survey. If, at any time, you are harassed, threatened, intimidated or trespassed upon by pipeline representatives call the Center for Sustainable Rural Communities toll-free Landowner Response Line at 1-800-795-1467 and we will stand with you and help you protect your rights.

For additional information visit the Stop the Pipeline web site: www.stopthepipeline.org and consider attending the Stop the Pipeline meetings held monthly in Oneonta.

Bob Nied

Board of Directors

Center for Sustainable Rural Communities

Letter to the Editor: Resident Blasts Schumer on Fracking

Senator Chuck Schumer says fracking is good and there is widespread support for it. Congress just gave the green light to ship LNG overseas, and he's wasting no time getting the message out to the industry that Upstate NY is for sale.

Mr. Schumer, we want fracking about as much as we want skin rashes, nosebleeds, lung cancer, earthquakes, tap water you can light with a match and the greenhouse gas, methane.

Why is that over 210 municipalities have adopted legislation to ban fracking in NY State? Maybe it's because we've done our homework and seen the destruction this industry leaves in its wake.

New Yorkers will not be lured by the promise of jobs when it means sacrificing the health of our families and our homeland for the profit of a large corporation. What happened to the jobs that were promised by the rebuilding of our infrastructure, or green energy jobs that would restore a sustainable planet.

Annually, $52 Billion US tax dollars go to oil, gas and coal companies in Federal subsidies. Someone please wake up Senator Schumer, he's spending too much time in bed with the fossil fuelers.

Regards,

Deborah Krol

Plurality Supports Fracking in Schoharie County

With over one hundred and fifty votes cast since Monday, a narrow plurality of Schoharie News readers support the idea of fracking - in one form or another - within Schoharie County. The result is surprising to say the least, given the strong local opposition to the Constitution Pipeline that was expressed in a similar survey last December.

Do you support fracking in Schoharie County?

Yes, no matter what                 - 19 (12.6%)

Yes, if environmentally safe     - 57 (37.7%)

No                                            - 72 (47.7%)

Undecided                                - 3 (1.9%)

The poll's margin was narrow at just four votes, and it reflects the county's divisive split on the contentious issue, but opponents of the controversial method of natural gas extraction should feel comforted that overall 84% of voters opposed any initiative that would be harmful to the environment, a major concern at the forefront of their fight. 

Local Opposition Persists to Pipeline, Despite New Right of Way Leases

With public opposition quietening in recent months over Constitution's proposed natural gas pipeline that would complete its approximatly 124 mile journey in Schoharie County, the company has been busily working under the radar to negotiate right of way leases from local landowners.

The proposed pipeline, which would originate in Pennsylvania and end in the Town of Wright, passes through seven local townships: Jefferson, Summit, Richmondville, Cobleskill, Middleburgh, Schoharie, and Wright. Thus far, roughly 50% of property holders have granted easements, leaving Constitution in an unfavorable position to justify federal approval.

However, since the New Year, the company has obtained eleven new right of way leases according to the Schoharie County Clerk's Office. The new batch of leases are primarily in the Towns of Schoharie and Summit, including one costly $10,500 contract that secures Constitution passage through Shaul Farms property near the Schoharie Days Inn and Suites.

But despite recent successes local opposition is still present, as demonstrated by the Blenheim Town Board's unanimous decision to ban any form of natural gas production within their boundaries, and the release of an anti-fracking documentary by filmmaker and Village of Middleburgh Trustee Bill Morton. 

Still, to the distress of advocates and supporters alike on both sides of the controversy, little can be done locally to resolve the situation; as that power rests solely with the federal government.

Blenheim Unaminously Approves Abatements, Fracking Law

With everyone in attendance voicing support for the controversial idea, members of the Blenheim Town Board voted unanimously in favor of two local laws Monday evening that pertain to tax abatements. The laws are the brainchild of Town of Schoharie Supervisor Gene Milone, and have seen momentum spread across the Valley in recent weeks. 

Blenheim's version offers assessment exemptions to first time home buyers, and reconstruction efforts up to 50% of the house's value for five years, with the abatements being phased out in 10% annual increments. Both were specifically recommended by Real Property Tax Services. 

In other action, Blenheim board members voted - again without public, or political opposition - in of another proposed local law that would ban hydrofracking in their small community. The Town will formally pass the law next month, after receiving a referral from the County Planning Commission.

Poll: No Thanks to Constitution Pipeline

Schoharie News readers say thanks but no thanks to the idea of bringing the Constitution Pipeline through Schoharie County. The natural gas pipe would traverse several towns in the County. With concerns about the Blenheim explosion still fresh in the County's collective memory, a significant majority is against the project.

What Is Your Opinion on the Constitution Pipeline?

For- 34: 26%
Against- 76: 58%
Undecided: 20: 15%
Total: 130

The results are over two-to-one against-- mounting a major challenge to the idea that the pipeline may be coming through the County sometime soon.