Shale Threat in Murrysville

Bans, Moratoria as of 10/24/2011

·         Prohibiting the creation of fossil fuel, nuclear or other non-sustainable energy production and delivery infrastructures, such as pipelines, processing facilities, compressors, or storage and transportation facilities of any sort that would violate the right to a sustainable energy future for State College Borough.
 
There are legal consequences for violating these prohibitions – and for violating the rights of the community members. The amendment asserts that:
 
·         Corporations and persons using corporations to engage in natural gas extraction in a neighboring municipality, county or state shall be strictly liable for all harms caused to natural water sources, ecosystems human and natural communities within the Borough of State College.
·         Corporations in violation of the prohibition against natural gas extraction, or seeking to engage in natural gas extraction shall not have the rights of “persons” afforded by the United States and Pennsylvania Constitutions, nor shall those corporations be afforded the protections of the commerce or contracts clauses within the United States Constitution or corresponding sections of the Pennsylvania Constitution.
·         Corporations engaged in the extraction of natural gas shall not possess the authority or power to enforce State or federal preemptive law against the people of State College Borough, or to challenge or overturn municipal ordinances or Charter provisions adopted by the State College Borough Council.
·         Permits, licenses, privileges or corporate charters which would violate the prohibitions of the amendment or deprive any Borough resident, natural community, or ecosystem of any rights secured by the amendment, the Pennsylvania Constitution, the United States Constitution, or other laws, will be invalid within the Borough.
 
Finally, the amendment includes a severability clause, which means that if any part of the amendment is overturned by a court of law the unchallenged sections of the amendment and the rest of the home rule charter will remain intact.
 
The Community Environmental Legal Defense Fund, headquartered in Chambersburg, has been working with people in Pennsylvania since 1995 to assert their fundamental rights to democratic local self-governance, and to enact laws which end destructive and rights-denying corporate action aided and abetted by state and federal governments.
 

New York and Pennsylvania and A Sampling of Municipalities and
Key Organizations in Varied Locations Opposed to Hydrofrack Drilling
Bans, Moratoria

Pennsylvania:

Pittsburgh adopts the first-in-the-nation community rights ordinance which elevates the right of the community to decide, and the rights of nature over the “rights” associated with corporate personhood. The City Council unanimously adopted this ordinance banning corporations from conducting natural gas drilling in the city.

Luzerne County Lehman Township, ordinance calling for “home rule” and a ban on drilling within their surrounding township area.

The Board of Supervisors for Licking Township, Clarion County, PA, voted unanimously on to adopt an ordinance banning corporations from dumping “fracking” wastewater in the township. The Licking Township Community Water Rights and Self-Government Ordinance is the first ordinance of its kind adopted in Pennsylvania to confront the threat of Marcellus Shale drilling.

Cresson has enacted legislation banning fracking.

Washington Township has banned fracking.

Philadelphia, Pennsylvania City Council unanimously passed the pro-moratorium Resolution on Marcellus Shale Drilling Environmental and Economic Impacts.

The Borough Council of West Homestead, Pennsylvania, unanimously adopted an ordinance that enacts a Local Bill of Rights, along with a prohibition on natural gas extraction to protect those rights.  The bill, titled “West Homestead Borough’s Community Protection from Natural Gas Extraction Ordinance;  establishes specific rights of West Homestead residents, including the Right to Water, the Rights of Natural Communities, the Right to a Sustainable Energy Future, and the Right to Community Self-Government. 

Philadelphia refuses to purchase Marcellus Shale gas as the dumping of flow back waters is polluting their water supply.

Collier Township upgraded its natural gas drilling ordinance to enhance their Marcellus Shale ordinance that would push drillers farther away from schools and provide baseline measurements for noise levels at drilling sites.

United Methodists representing 950 churches across central and Northeast Pennsylvania passed a resolution calling for a temporary halt in gas well drilling in the Marcellus Shale as well as an impact tax on those places where drilling already has taken hold.

Religious groups such as the Sisters of Saint Francis of Philadelphia have advocated against fracking and in April, 2011, America, the national magazine of the Jesuits editorialized very critically about the process.

Baldwin Borough Council adopted a community rights ordinance that bans the corporate extraction of natural gas.

Wilkinsburg Borough Council unanimously adopted a community rights ordinance that bans gas drilling.

In Peters Township, a community whose rolling hills are dotted with newly built homes, small farms and two country clubs, residents will vote this fall on a local bill of rights that would ban gas extraction, a move proponents say is necessary to guarantee residents the right to clean water and air.

A statewide interfaith organization has introduced questions of morality and climate change into the debate about Marcellus Shale gas well development. Pennsylvania Interfaith Power and Light will issue a four-page "ethical analysis" that declares its opposition to development of the deep and massive shale gas play because it is not part of a strategy to end fossil fuel use, creates too many environmental and health risks, and perpetuates the "boom and bust" cycles of other, earlier extractive industries in the state.

Forest Hills Council unanimously passed an ordinance banning natural gas drilling in the borough.

Philadelphia’s City Council unanimously passed a resolution to sue the Delaware River Basin Commission, demanding cumulative impacts of high-volume hydraulic fracturing be studied, essentially forbidding fracking. All seventeen members of the council voted in favor of a resolution which joins the City of Philadelphia as a Friend of the Court, together with lawsuits already filed by the Attorney General of the State of New York, the Delaware Riverkeeper Network, and other parties, in suing the Delaware River Basin Commission (DRBC).  Philadelphia is joining these lawsuits to require, according to the resolution “that no drilling of Marcellus Shale take place until a full environmental analysis is completed.”

New York State:

Denying the overwhelming evidence to the contrary, DEC Commissioner Joseph Martens, in releasing the 1500+ page study conducted by his agency defended the report that may permit hydrofrack drilling in NYS. Exempted are the watershed areas of both New York City and the Syracuse regions (where a ban on drilling is in effect.) Intensive study of the report will be undertaken on the negative impact that hydrofracking will have when the report is released to the public. In a prepared statement, DEC Commissioner Joseph Martens said, “This report strikes the right balance between protecting our environment, watersheds, and drinking water and promoting economic development.”

Those opposed to the practice argue that the recommendations allow the state to apply double standards to protecting drinking water supplies. Jack Ossont, spokesman for The Coalition to Protect New York, stated the following in response to the DEC report: “(The) announcement is premature and makes little sense. By proposing rules that prohibit hydraulic fracturing near drinking water for urban areas, the state recognizes the serious risks and pollution dangers caused by fracking. But by allowing it to take place in other areas, the state is condemning rural residents to the real risk of contaminated drinking water, industrial pollution and corporate control. If fracking is safe, why ban it in some areas? And if it’s dangerous, why allow it in others?

Two legislative bills on hydrofrack drilling were considered by the legislature. The Assembly passed an extension of the current moratorium through June of 2012. The Senate did not act on a parallel bill and the issue is closed for the present.

Yates County resolution unanimously passed calls for similar protection treatment of their watershed as that in NYC and Syracuse watersheds.

The Town of Jerusalem (Yates) enacted a moratorium ordinance for their entire township. The one-year moratorium begins when the Supplemental Generic Environmental Impact Statement (SGEIS) relating to the extraction of natu al gas by the process of high-volume hydraulic fracturing now under review by the New York State Department of Environmental Conservation is finalized.

The Village of Penn Yan will not accept any hydrofracking wastewater for processing at the village wastewater treatment plant.

A consortium of interested citizens is planning for a unified moratorium and eventual ban of hydrofrack drilling in the entire Keuka Lake watershed region. To date the towns of Barrington, Benton, Jerusalem and Milo have adopted moratoria ordinances. Barrington has also decided that they would like to prohibit the storage of industrial waste and landfills.

Dewitt, Tully, Marcellus and Skaneateles have enacted moratoria laws.

The Town of Highland (Sullivan Co) has a six-month moratorium while their Comprehensive Management Plan is re-written to explicitly prohibit heavy industrial uses and adopt a zoning ordinance similar to the Town of Ulysses.

Buffalo has banned hydrofrack drilling and wastewater disposal in their city.

Sullivan County has a moratorium on drilling on county-wide land.

Lumberland and Tusten (Sullivan Co) are rewriting their comprehensive plans to prohibit heavy industrialization similar to the Town of Ulysses.

The Town of Ulysses established “industrial zones” attempting to restrict the negative impact of drilling in their water supply. They became the 3rd town in Tompkins County to ban fracking. They also banned the storage of natural gas.

Tompkins County has enacted a ban on fracking on county land. They also passed a law requiring any company involving “high-frequency, high impact truck traffic” to obtain a permit and pay for any road damage.

Broome County:  Ban on hydrofracking on county lands. Waste restrictions for fracking cuttings and flow back water established.

Ontario, Sullivan and Onondaga Counties have enacted bans on fracking on county owned land.

Ulster County has banned hydrofrack drilling on county owned lands.

Gorham in Ontario County enacted a moratorium ordinance.

The towns that ring Cooperstown's reservoir, Otsego Lake -- Middlefield, Otsego, Butternuts, and Cherry Valley -- are moving to ban or restrict natural gas drilling and high-volume hydraulic fracturing. Middlefield has banned heavy industry including gas drilling.

Springfield has adopted local laws prohibiting heavy industry, including gas drilling.

The Medical Society of the State of New York has gone on record supporting a moratorium on gas drilling using high volume hydraulic fracturing.

Cooperstown’s Chamber of Commerce has issued a position statement supporting a total ban on fracking due to the impact it will make on their watershed, farming and tourism.

A group of residents have launched a petition drive designed to ban the use of high-volume, slick water hydraulic fracturing in the Town of Caroline, Tompkins County.

New York City has called on the US Congress to remove hydrofrack drilling’s exemption from the Safe Water Drinking Act.

The Skaneateles Town Board has initiated plans for a ban in their township.

The Otsego County Planning Board approved changes to Middlefield's master plan and zoning law that would specifically prohibit heavy industry, including gas and oil drilling.

The Board of Trustees of Bassett Medical Center, based in Cooperstown, New York, views the issue of hydrofracking as a public health issue of the highest priority and resolves that the hydrofracking method of gas drilling constitutes an unacceptable threat to the health of patients, and should be prohibited until such time as it is proven to be safe. The Bassett Healthcare Network is responsible for the health care of a significant proportion of the population of eight counties in central New York State.

Alfred has enacted a moratorium the first town in Allegany County to do so. Following its neighbor’s lead, Almond, is preparing an ordinance for a one year moratorium as well.

Lebanon town board members adopted a memorializing resolution that calls on the New York State Legislature and Governor Andrew Cuomo to repeal and reform compulsory integration laws in the State of New York that currently govern natural gas development.

A petition drive resulted in the Dryden Town Board unanimously passing a resolution to ban fracking.

A Denver-based natural-gas company Anschutz Exploration Corp. has filed the first lawsuit against a local drilling ban in New York in State Supreme Court in Tompkins County to have the town of Dryden's ban struck down Speculation exists that this is being done in part to influence sensitive elections in Dryden this coming November.

The Croton Watershed Clean Water Coalition, Inc. has sued the Department of Environmental Conservation (DEC) in New York State Supreme Court to declare High Volume Horizontal Hydraulic Fracturing in New York State Forests contrary to the New York State Constitution and applicable environmental laws.

The Otsego Town Board clarified a long-standing prohibition against heavy industry, including fracking for natural gas, in the town's land use law. By this vote the town, which includes most of the Village of Cooperstown, reaffirmed its home rule right to prohibit drilling through local ordinance. They also approved revisions to its land-use law that strengthen a ban on gas drilling and hydrofracking within the town. The law now specifies that while the removal of gravel, rock, stone, sand, fill, topsoil or "unconsolidated" minerals has been allowed, extraction of natural gas and petroleum is not permitted.

The Common Council of Oneonta voted to ban all forms of natural gas drilling in city limits.
The Town of Wales adopted a community rights ordinance that bans “fracking.” The ordinance establishes a Bill of Rights for Wales residents and “recognizes and secures certain civil and political rights of the residents to govern themselves and protect themselves from harm to their persons, property and environment.”

The exploration of land for natural gas by horizontal drilling and hydraulic fracturing is prohibited in the Town of Camillus.

Brighton became the first municipality in Monroe County to take a position on hydrofrack drilling calling for a state-wide moratorium.

Kirkland has adopted a one-year moratorium on hydrofracking.

New Hartford has adopted a six-month moratorium on hydrofrack drilling for natural gas.

The city of Auburn is banning natural gas-drilling wastewater from its treatment plant and will no longer accept water from natural gas wells. Onondaga County has also done so.

The Ithaca Town Board has amended the town's zoning law to become the first municipality in Tompkins County to ban gas drilling within its borders.

The Town of Cherry Valley passed a comprehensive zoning law effectively outlawing new gas drilling and gas processing facilities. 

Geneva has enacted a law banning fracking in heir municipality.

Virgil banned drilling in much of its aquifer protection district.

The city of Syracuse may soon join more than 30 local governments in Upstate New York that have banned or limited the controversial gas-drilling technique known as hydrofracking.

The Sullivan County Supreme Court has permanently enjoined Cabot Oil from “exploring, drilling, producing and marketing oil and natural gas and other hydrocarbons” within a residential subdivision in the Sullivan County town of Tusten.  While this decision concerns home owner covenants rather than zoning, the underlying principal is the same- communities have the right to protect the health, safety and quality of life of their residents in the face of drilling practices such as hydrofracking despite the insistence by the drilling industry and some public officials that communities have no such rights. 

Niles in Allegany County has recently added their moratorium to the growing list in New York State. Spafford in Onondaga County did so as well.

Jordan Elbridge in Onondaga County joined its neighbors and has a moratorium until September.

Danby in Tompkins County passed unanimously their ban.

Torrey has passed a resolution to draft a moratorium. This declaration is not just an indication of intent but gives them time in order to do so.
More than 250 pediatricians, family practitioners, otolaryngologists, endocrinologists, oncologists and other doctors, along with the medical societies of at least seven upstate counties and the regional office of the American Academy of Pediatricians, wrote to Governor Cuomo warning that the state has failed to analyze public health impacts of HVHF in its rush to approve permits for drilling. “We are greatly concerned about the omission of a critical issue related to the development of natural gas using high-volume hydraulic fracturing, or fracking: human health impacts” they wrote. Noting that HVHF will likely increase health care costs, as well as mitigating water and air pollution, the medical authorities called on the governor to immediately request an independent school of public health to conduct a Health Impact Assessment (HIA) since the state’s Department of Health has said it is unwilling to do so.

Plainfield has a ban in place.

Cortlandville has a moratorium in effect.

Movement toward moratoria/bans are underway in Ava, Camden, Columbus, Croton, Maryland (Otsego County), Milford, Morris, New Lisbon, Plymouth, Saugerfield, Smithville, Vienna, and Westford.

Moratoria already in place are in Augusta, Marshall, New Hartford, Paris and Vernon.

The Town of Middlesex Town Board is reviewing the recommendation of their Planning Board to consider drafting a Moratoria Law on Hydrofracking.

The Town of Onondaga in Onondaga County has enacted a moratorium.

The Albany Common Council has voted to pass the banning of hydrofracking in the city.

The Town of Richmondville in Schoharie County has officially moved to pass a ban using local zoning.
The Naples Village Board passed a moratorium keeping hydrofracking out of the village for one year.
Utica has enacted a moratorium, and has also petitioned the governor to exempt the Utica watershed. 
Rome is waiting only for the SEQR to come back to hold the final vote on its outright ban

Arkansas:

A class-action lawsuit has been filed against companies that drill for natural gas in central Arkansas. The suit is asking for millions of dollars in relation to the earthquakes associated with the fracking process the companies use. The damages enumerated in the suit are property damage, loss of fair market value in real estate, emotional distress, and damages related to the purchase of earthquake insurance.

Maryland:

The first community in Maryland, Mountain Lake Park, adopted an ordinance banning corporations from natural gas drilling. 

Attorney General Douglas F. Gansler has sent a letter to Chesapeake Energy Corporation and its affiliates, notifying the companies of the State of Maryland's intent to sue for violating the federal Resource Conservation and Recovery Act (RCRA) and the Clean Water Act (CWA). 

Governor Martin O'Malley has signed an executive order for a three year moratorium on drilling in MD while studies continue.

Michigan:
The City of Detroit and County of Wayne have passed resolutions banning fracking!. They are the first in the state to do so.
New Jersey:

The New Jersey Assembly voted to ban hydraulic fracturing in NJ in a bipartisan overwhelming vote (58 to 11, 8 abstained), following the landslide vote 32-1 earlier in the day by the NJ Senate. New Jersey is the first state legislature to ban fracking. However, Gov. Chris Christie has recommended a one-year ban on a natural gas drilling disappointing citizens who wanted a permanent ban.

North Carolina:

North Carolina’s Governor Bev Perdue vetoed a state senate bill that would have allowed fracking in the state.

Ohio:

Wellsburg City Council approved an ordinance prohibiting natural gas drilling in or within one mile of the city as concerns mounted about the city's water being contaminated by procedures in hydrofrack drilling. A reservoir serving the city is beside property that Chesapeake Energy is leasing for drilling.

Virginia:

George Washington National Forest has disallowed horizontal drilling for natural gas within its 1.1 million acres of territory while opening up segments of the forest to the potential for wind energy construction.

Texas:

Texas Gov. Rick Perry has signed a bill requiring drillers to publicly disclose the chemicals they use when extracting oil and gas from dense rock formations, the first state to pass such a law.

West Virginia:

Wellsville has banned fracking.
Lewisburg has banned fracking within their city limits.
Morgantown banned fracking in the city and within one mile of the city limits as well. Push back from the gas companies threatens to rescind the ban.

British Columbia, Canada:

First Nations people in NW British Columbia enacted a four year moratorium against drilling for natural gas by Royal Dutch Shell in the Sacred Headwaters. Members of the Tahltan First Nation are blockading Shell’s coal bed methane project in the Sacred Headwaters, the birthplace of the Skeena, Nass and Stikine Rivers.

Nova Scotia, Canada:

Nova Scotia citizens call for ban on Nova Scotia fracking. Graham Hutchinson says the province should impose a moratorium on the controversial practice. The group recently presented a petition to Energy Minister Charlie Parker calling for a ban.

Quebec, Canada:

The Quebec government is putting the brakes on shale-gas drilling and exploration through a province-wide moratorium. “There will be no compromises on health and the environment,” the minister said.  Premier Jean Charest has said the development of a shale-gas industry must be done “correctly” or it will not be done at all.

England:

London, England - A mining company has halted drilling for shale gas in England after scientists said two small earthquakes might be linked to the controversial process, known as "fracking".

Europe:

A European Union report says “ban fracking.” In a study requested by the European Parliament's Committee on Environment, Public Health and Food Safety, scientists conclude that "at a time when sustainability is key to future operations it can be questioned whether the injection of toxic chemicals in the underground should be allowed, or whether it should be banned as such a practice would restrict or exclude any later use of the contaminated layer... and as long-term effects are not investigated." A spokesperson said… "It is ironic that the Petroleum Exploration and Production Association (PEPANZ) issued a position paper glorifying fracking as the savior of the world's energy problems within hours of a European Union requested study that considers banning the practice outright across Europe"

France:

The French Parliament and Senate have voted to ban hydraulic fracturing or fracking. France is the first country in Europe to ban the controversial practice that involves using 'slick' water a combination of water, chemicals and mud, to fracture the rock with hairline cracks and prop open underground fissures.

South Africa:

A countrywide moratorium against hydrofracking has been implemented.

Switzerland:

In April, authorities in the Swiss Canton of Fribourg suspended all authorizations to prospect for shale gas on its territory for an undetermined period.

Compiled by Joe Hoff, Chairman of Keuka Citizens Against Hydrofracking

As of October 20, 2011