Binghamton Conklin Gas Lease Coalition

MARCH - 2013

FRACKING IN ILLINOIS

http://news.yahoo.com/illinois-deal-fracking-could-national-210307441.html


CHICAGO (AP) -- After years of clashing over the drilling method known as hydraulic fracturing, or "fracking," the oil industry and environmentalists have achieved something extraordinary in Illinois: They sat down together to draft regulations both sides could live with.
If approved by lawmakers, participants say, the rules would be the nation's strictest. The Illinois model might also offer a template to other states seeking to carve out a middle ground between energy companies that would like free rein and environmental groups that want to ban the practice entirely.

"The fact that Illinois got there," was significant, said Brian Petty, executive vice president of governmental and regulatory affairs at the International Association of Drilling Contractors. "Anytime you can bring the lion and lamb to the table, it's a good thing. But it's so highly politicized in lot of places" that compromise could be difficult.
Fracking uses a high-pressure mixture of water, sand and chemicals to crack and hold open thick rock formations, releasing trapped oil and gas. Combined with horizontal drilling, it allows access to formerly out-of-reach deposits and has allowed drillers to move closer to populated areas.
The industry insists the method is safe and would create thousands of jobs — possibly 40,000 in the poorest area of Illinois, according to one study. Opponents say it causes water and air pollution and permanently depletes freshwater resources.

In New York, where a fracking moratorium is in effect until a health study is completed, one activist said Illinois environmentalists caved in when they should have pushed harder to block fracking.
"I was just appalled at this collaboration ... to create these regulations based on the false premise that fracking is inevitable," said Sandra Steingraber, an Illinois native and founder of New Yorkers Against Fracking, a group whose champions include actor Mark Ruffalo and singer Natalie Merchant. "It was not their job to help pave the way for fracking to move into Illinois. It was to protect the environment."
But Michigan's largest environmental coalition might be willing to take a cue from Illinois if lawmakers decide that fracking should be part of Michigan's energy mix.

"We would love to see that kind of bipartisan cooperation," said Hugh McDiarmid, spokesman for the Michigan Environmental Council. The Illinois bill "has a lot of good ideas and a lot of things ... that mirror what we're trying to achieve in Michigan" because stopping or banning fracking would be unrealistic.

That's exactly what motivated some Illinois environmental groups to sit down with industry, lawmakers, regulators and the attorney general's office.

In Illinois, it came down to "do we accept the invitation to go to the table or walk away and allow industry to write the rules?" said Allen Grosboll, co-legislative director at the Chicago-based Environmental Law and Policy Center. "For us to say we were not going to participate and drive the hardest deal we could to protect environment would have been totally irresponsible."

The Natural Resources Defense Council supported a failed attempt at a fracking moratorium last year. So with lawmakers clearly ready to allow fracking in southern Illinois, the NRDC wanted to ensure there were significant safeguards, including making drillers liable for water pollution, requiring them to disclose the chemicals used and enabling residents to sue for damages.

"One of the positive things here has been the table to which a wide range of interests have come ... to address the risks in an adult way," said Henry Henderson, director of the NRDC's Midwest office. "We have gotten over the frustrating chasm of 'Are you for the environment or for the economy?' That is an empty staring contest."

Negotiations took place over four or five months, primarily at the Statehouse in meetings led by state Rep. John Bradley, a Democrat who lives in the area where fracking would occur, participants said.
Bradley whittled negotiators down to a core group — four from industry, four from environmental groups, plus representatives from the attorney general's and governor's offices, regulatory agencies and lawmakers, said Mark Denzler, vice president of the Illinois Manufacturers' Association.

That group was pared even further for the toughest negotiations, which included discussions with outside technical experts on complicated issues, said Ann Alexander, an NRDC senior attorney.

"I won't say there weren't times that voices got raised a little bit, but ... it's a very good model of cooperation," Alexander said. "It beats the (typical) model of having drafts furtively circulating ... or emerging at the last minute when nobody has had a chance to read them."
The deal was done by late February. It has yet to be considered by a legislative committee, which would have to endorse the proposal before sending it to the full House.

With oil companies leasing millions of acres around the country in a rush to extract oil and gas reserves, more states will face similar challenges.
Although Illinois' proposed regulations might not work for every state, the unusual model of cooperation might, depending on the relationship between industry and environmentalists, Denzler said. Even now, though, Illinois' agreement is "very precarious," and his group has warned that any attempts to change it before it comes for a vote "could tip it one way or another."

More than 170 bills were introduced in 29 states last year to regulate oil and gas drilling, according to the National Conference of State Legislatures. Only 14 became law. Many were simply to define whether local, state or federal government could regulate fracking. The bills don't include regulations drafted by state regulatory agencies, rather than lawmakers.

California state Sen. Hannah-Beth Jackson said Illinois was able to negotiate many of the same protections she wants in her state, where energy companies are eying a shale formation near Santa Barbara that may have four times more oil than North Dakota. She said regulations proposed by the governor's office were inadequate.
"It would be wonderful, frankly, if we could get everybody to sit down," said Jackson, who introduced a bill to regulate fracking wastewater. "In California, there is the perception the companies are stonewalling and do not want to be subject to any oversight. I think if they are willing to sit down and talk, that would certainly be best way to do it."

Environmentalists and industry have worked together to control pollution in the past, including on individual fracking issues in some states, though none was as comprehensive as the Illinois bill. But many environmental groups would rather forbid fracking completely.
"You can't regulate fracking to be cleaner," said Dan Jacobson, legislative director of Environment California. "We're at such a tipping point with climate now."

Even in Illinois, some environmental groups don't support the bill and are mobilizing to seek an outright ban. On Saturday, fracking opponents interrupted Bradley while he spoke at a conference in southern Illinois. They plan another protest Monday, at a conference of county officials.
Bringing both sides together "is something that should absolutely happen," said Steve Everly, spokesman for Energy in Depth, the educational arm of the Independent Petroleum Association of America. But he said environmental groups that participate "have to continue to support" the regulations afterward.

"If you put together the right formula, you can move forward," he said.
It is possible that there will be more collaboration to establish better safeguards for air, water and climate, said Mike Brune, executive director of the Sierra Club. "But as we learn more about the true impacts of gas, and more and more communities are questioning whether we need it at all ... we'll definitely see more conflicts."

 

FEBRUARY - 2013

Dear Friends, Coalition Leaders, Landowners and Natural Gas Supporters,

Late Friday 02-15-13 the JLCNY issued the attached press release.  The press release refers to a letter signed by 50 town supervisors, councilmen, planning board members, highway superintendents, assessors and tax collectors from the southern tier who disagree with the Association of Towns' position on oil and gas drilling bans. A copy of the letter is also attached.

This release illustrates how important it is for the media, the public, and our elected and appointed officials to know that applying home rule to Natural Gas development is not popular, prudent, or acceptable.

We expect this will correct the misconceptions created by the Association of Towns previous filings related to the Dryden and Middlefield cases now on appeal. Please share it with your friends, family members, and acquaintances who support safe and responsible Natural Gas development in New York State.

To futher advocate for the support of developing NY's Natural Gas Reserves, please continue to call Governor Cuomo at the following two numbers.

518-474-8390 AND 212-681-4580 
Simply tell him that "I support developing New York's Natural Gas and want no more delays!"

Call each number as many times per day as you possibly can to show our numbers and resolve!

Warm Regards,
Dan Fitzsimmons, President
Joint Landowners Coalition of New York, Inc.

*****

Dear Friends, Coalition Leaders, Landowners and Natural Gas Supporters,

Attached are statements from DEC Commissioner Martens and Department of Health Commissioner Shah. Commissioner Shah says he still needs a few weeks to complete the health review. DEC says if DOH finds that the SGEIS adequately addresses health concerns, the SGEIS can be adopted and permits issued 10 days later.

We are extremely disappointed that after 4 1/2 years, the state failed to meet another deadline. The JLCNY will be monitoring these issues on a daily basis and will continue to evaluate our plans to commence a lawsuit against the state. 
Warm Regards,
Dan Fitzsimmons, President
Joint Landowners Coalition of New York, Inc.

*****

Dear Friends, Coalition Leaders, Landowners, and Natural Gas Supporters,
Next week will be a crucial week for all of us who desire to see safe and responsible Natural Gas development proceed in New York State. We hope that the SGEIS will be out on Wednesday leading to completion of related regulations on February 27. Albany’s lack of firm leadership has needlessly delayed progress on this issue. Accordingly, the JLCNY is laying the ground work for a lawsuit against New York State for a de facto taking in case the Governor decides to delay the release yet again.
We sincerely hope this will not be necessary as the SGEIS and regulations are done and ready to be released. It is obvious that decisions to delay release are being made for purely political reasons. This must be stopped.
It will be very important for each and every one of us to remain alert for further updates during this crucial period. As always your attention to and support for this issue will help us prevail.
Warm Regards,
Dan Fitzsimmons, President
Joint Landowners Coalition of New York, Inc.

*****

Dear Friends, Coalition Leaders, Landowners, and Natural Gas Supporters,

Broome County has issued the survey linked to here...

http://broomeplan.questionpro.com/

I'm asking all natural gas supporters to please respond to it and to share it with other supporters so they can respond to it as well. Our leaders need to hear from us that NG development is important to us and our communities. Responding to this survey will allow us to be involved in the future plans for Broome County. Please partake ASAP!

Warmest Regards,
Dan Fitzsimmons, President
Joint Landowners Coalition of New York, Inc.

******

JLC SEEKS PLAINTIFF

JLCNY Seeks Plaintiff Candidates for its Lawsuit Against NYS

Dear Friends, Coalition Leaders, Landowners and Natural Gas Supporters,

On February 8, 2013, the Joint Landowners Coalition of New York announced that it has been laying the ground work for a lawsuit against New York State for a taking of our property rights under the United States and New York Constitutions. The JLCNY is now seeking landowner candidates to serve as plaintiffs in the action.

The JLCNY believes that New York has no intention of ever completing the SGEIS or the regulations for high volume hydraulic fracturing. After 4 ½ years, today marks another deadline missed by NY - the date to complete the HVHF regulations. 
NY is clearly acting in bad faith.  Ohio completed its HVHF regulations in 8 months.  This week Illinois introduced House Bill 2615 — the Illinois Hydraulic Fracturing Regulatory Act—after a 14-month bi-partisan effort that involved the Attorney General’s Office, environmental groups (NRDC and the Sierra Club), industry leaders and state legislators. Illinois Governor Pat Quinn praised the bill saying it will help his state’s economy. Ironically, the “New Albany” Shale is Illinois’ target formation but it’s business as usual in Albany, NY where our leaders continue to make a mockery of the regulatory process.
President Obama said in his state of the Union address: “After years of talking about it, we are finally poised to control our own energy future. We produce more oil at home than we have in 15 years. We have doubled the distance our cars will go on a gallon of gas, and the amount of renewable energy we generate from sources like wind and solar – with tens of thousands of good, American jobs to show for it. We produce more natural gas than ever before – and nearly everyone’s energy bill is lower because of it. And over the last four years, our emissions of the dangerous carbon pollution that threatens our planet have actually fallen.”
Last week New York City Mayor Michael Bloomberg said: "It is up to the governor, but I personally have said we should be fracking, not in the watershed, but we should be fracking. … About 13,000 people get killed every year by the pollutants from coal-fired plants. … [Also, as] Boone alluded to, getting oil from outside this country is expensive and it transfers our wealth to people who are trying to destroy our lives. … Of all the things we can do, natural gas isn't perfect, but it certainly looks like it can make this country energy-independent and reduce dramatically the pollutants going into the air," Bloomberg said.
On February 12, 2013, DOH Commissioner Shah perpetuated the state’s bad faith conduct by suggesting that he would review two health studies that had not yet been started or funded. News of DOH’s inability to complete its work on the latest health review came even though it was revealed that its advisory panel completed its work months earlier and that last year, DOH conducted a health review and found that there are no health impacts from HVHF.

While our nation’s leaders bring us closer than ever to achieving energy independence, cleaner air and economic prosperity, NY threatens to impede our progress and deny the constitutionally guaranteed rights of NY landowners. 

The lawsuit against the state will focus on claims where the failure to grant HVHF permits has deprived landowners of all economically viable uses of their real property or interfered with reasonable investment-backed expectations. While we would like to include a large number of plaintiffs in the action, the economic reality is that numerous plaintiffs would make the action too costly to prosecute.  Mineral appraisals will be required for each property in the action. Accordingly, we plan to proceed with a limited number of plaintiffs to give ourselves the best opportunity to establish legal precedent in NY. 

We are seeking one plaintiff for each of the following categories:

1.         Sub-surface Mineral Owners

a.       Property owners who purchased the sub-surface oil, gas and other minerals prior to July 23, 2008, the date Governor Patterson announced a review process to update the Generic Environmental Impact Statement applicable to HVHF. 

b.      The property should be in the regions where the Marcellus or Utica Shales are the primary target with few prospects for other formations such as the Herkimer or Trenton Black River.    

c.       The property must be located in the Susquehanna River Basin.

d.      Sub-surface mineral owners in Broome County are likely candidates.

2.         Lessor Plaintiffs

a.       Landowners under a lease with an oil and gas company where the company has applied for a Marcellus or Utica drilling permit or a permit has been withdrawn because of New York’s delay in completing the SGEIS.

b.      The property should be in the regions where the Marcellus or Utica Shales are the primary target with few prospects for other formations such as the Herkimer or Trenton Black River.    

c.       The property must be located in the Susquehanna River Basin.
           
3.         Sub-surface Mineral Owners with Prior Wells

a.       Landowners who own the sub-surface oil, gas and other minerals and who have had a prior oil and gas well drilled on their property, fully depleting formations such as the Herkimer, Oneida or Trenton Black River, leaving only the Marcellus and Utica as viable formations.  Landowners with prior wells in Chenango County are potential candidates. 

4.         Fee Simple Owners (surface and sub-surface)
a.     Fee simple owners of vacant undeveloped land, owning both the surface and sub-surface rights and purchased for oil and gas investment purposes prior to July 23, 2008.

b.     The property should be located in a core Marcellus or Utica region.

c.       We are looking for a property having little or no economic value in the surface.  These could be properties where building or farming are impractical or where there are surface restrictions which limit surface uses, but still allow for the development of sub-surface oil and gas.

d.       Properties with deed restrictions prohibiting commercial development do not qualify.

            Candidates who fit within one of the above categories should contact:

Scott R. Kurkoski, Esq.
450 Plaza Drive, Vestal, NY 13850
607-584-5620
Email: skurkoski@lgtlegal.com

            The JLCNY is exploring various options to fund the litigation against the state. Please do not send donations for the litigation until the JLCNY sends a specific litigation funding request. Other donations to the JLCNY are welcome. 

Warm Regards,
Dan Fitzsimmons, President
Joint Landowners Coalition of New York, Inc.

 

PACK THE THEATER -

PHELIM MCALEER BRINGS FILM FRACKNATION TO UPSTATE NY
NY Landowners Call for End of Natural Gas Moratorium

FEBRUARY 2, 2013—BINGHAMTON – The Joint Landowners Coalition of NY (JLCNY) today announced that it will host Phelim McAleer at a screening of his documentary film, FrackNation, at the Regal Theater in Binghamton, NY on Sunday, February 10, 2013 at 2pm. A second screening is planned for Monday, February 11, 2013 at 7pm at the Swyer Theater in Albany.

 “This documentary unearths shocking revelations that are a must see by NY officials who were misguided by the film Gasland, along with its cottage industry of anti-energy activists,” said Dan Fitzsimmons, president of the JLCNY. “Countless NY citizens have been hurt by this four-and-a-half year delay. It’s time for the facts to be seen, for the misinformation to be corrected, and for sound decisions based on science, not hysteria to guide our state government.”

FrackNation follows journalist Phelim McAleer across America as he faces threats, malicious 911 calls and bogus lawsuits for just trying to question green extremists for the truth about fracking. McAleer uncovers fracking facts suppressed by environmental activists, and he talks with New Yorkers, who have been hurt the most by a four-and-a-half-year de-facto moratorium on natural gas development.

“FrackNation is pro-truth and pro-investigative journalism. It reveals the exaggerations and frauds that are at the heart of the anti-fracking movement and the length activists will go to reach their goal of banning fracking,” said Phelim McAleer, co-director.

Fracking is a way of extracting oil and gas from deep in the earth. It has led to a fossil fuel boom in many states across the U.S. and has become the number one target of the environmental movement. In addition to being attacked in the HBO documentary Gasland, it was also demonized by Matt Damon's Hollywood movie Promised Land.

The New York Times, which has been skeptical of fracking, reviewed FrackNation and said it is "meticulously researched...provocative."
http://movies.nytimes.com/2013/01/11/movies/fracknation-a-documentary.html?_r=3&

FrackNation was funded by 3,305 backers – many of whom are from the Southern tier of NY – through crowd-funding website Kickstarter.

While admission to the screening is free, the JLCNY encourages donations to make these screenings possible. Please visit: www.jlcny.org to register and donate through Paypal or send a check to: JLCNY P.O. Box 2839 Binghamton, NY 13902

Please click on this link:  http://bit.ly/WnZjji or visit www.JLCNY.org to register. It's free but we'd really appreciate a donation to cover our event expenses and promotion efforts.

 

JANUARY - 2013

URGENT  January 31, 2013


Dear Friends, Coalition Leaders, Landowners and Natural Gas Supporters,
If ever we were in the homestretch for bringing natural gas development to NY – this is it.  Governor Cuomo is going to decide one way or another by the end of February – and must file that decision by February 13, 2013.  That means we have about two weeks left – after 4 ½ years of this struggle.
Between now and then we are going to organize four key opportunities and we need your help: 
·         We’ll hold  pro gas movie screenings of FrackNation in Albany and Binghamton – details soon
o   Many of you gave generously to help make this movie we need a donation from all of you to help pay for and attend screenings and purchase DVDs to distribute to legislators
·         We will rally with NY Labor Unions on February 6 in Binghamton – details soon
·         We will call on Albany to hear us alongside Farm Bureaus, Labor, Business groups and industry in Albany on February 12
 We CANNOT do any of this without your financial support.  We have accomplished a tremendous amount over the years without rich financial backers and without Hollywood’s weight behind us – despite foundations that popped up to bring us down. 
But we need your financial support now – for the homestretch.  By the way – even if we are victorious and the SGEIS is filed and permits can move ahead – our struggle is not over.  But let’s hope we get that far.   
We need you to give generously ASAP to make sure our voice is heard in Albany and other events, to print signs, hold phone campaigns, to access experts – in short, to make sure our voice is HEARD.   
We’ve come a long way – and we can’t give up now. 
We are the landowners of upstate New York.  We have rights and we demand those rights be heard.  We are determined to continue the fight until they are.  Can you help us today, and commit to sending what you can to ensure we can fight for our rights, and win this struggle? 

Thank you. 
Most Sincerely,
Dan Fitzsimmons, President, JLCNY 


PS:  Click here to give NOW: http://www.jlcny.org/site/index.php
Then go the Donate button on the left had side of the page or mail a donation the the address listed.  Any amount helps – if you can send $500 or $200 please do it. If you can send $100, $50, $25, it all helps.  No amount is too small.  We appreciate it more than you know!

You can also see a video of your Lawyer, Scott Kurkoski, speaking at the NYS Assembly Hearing January 10, 2013. We are lucky to have him on our side.

Thanks for all of your help!

**********

Dear Friends, Coalition Leaders, Landowners, and Natural Gas Supporters,

The JLCNY recently learned that anti-gas protestors have been inflating the number of responses they send to Governor Cuomo by telling each protestor to send the same letter many times over and over for many days, again and again. It makes me mad that they would try to influence the Governor in such a way. And I'll bet it makes you mad also knowing that this is what they're doing to prevent you and our communities from enjoying the benefits of safe, responsible natural gas development.

But rather than let our anger get the best of us I'd like to suggest a way that we can get even!

The JLCNY has created a set of two new letters for landowners to send to Governor Cuomo to express our support for safe and responsible natural gas development in New York and are combining it with our popular "barn" letter. Please down load, print, sign and mail at least one different letter each day and keep doing that day after day until February 13th.

Please mail the following files to Governor Cuomo at the following address…

The Honorable Andrew M. Cuomo
Governor of NY State
NY State Capitol Building
Albany, NY 12224

FILES:
Letter to Cuomo 1
Letter to Cuomo 2
Barn Card

We need tens of thousands of individual letters to go in. The anti-gas protestors are starting a new letter and phone campaign Monday 01-28-13, so we are asking you to make our campaign overwhelming on Monday and turn into a flood of letters after that, through February 13, and on to February 27. PLEASE REMEMBER, THIS IS A NUMBERS GAME NOW, AND WE MUST SHOW OUR NUMBERS! So if you want to send more than one letter per day, please send them in separate envelopes. It will help immensely!

In addition, please also call the Governor at both of the following numbers to really drive the message home
.
CALL GOVERNOR CUOMO
.
518-474-8390 AND 212-681-4580
…and tell him the following…
.
· I SUPPORT NATURAL GAS DEVELOPMENT IN NEW YORK STATE NOW!!
.
Call each number as many times per day as you possibly can to show our numbers and resolve!

As concerned as this may sound, we ARE winning in NY. We just have to keep the momentum up and growing. Your help in doing this will be most appreciated!

Warm Regards,
Dan Fitzsimmons, President
Joint Landowners Coalition of New York, Inc.

 

For more current information go to the website for the Joint Landowners Coalition of New York:

http://www.jlcny.org/site/index.php

Find JLNY on Facebook: Joint Landowner's Coalition of NY Inc.

 

 

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The Steering Committee of
The Binghamton Conklin Gas Lease Coalition