Federal Defense of Property Rights Act Explained; End of Frack Bans?
MDN has the low-down on proposed new federal legislation we first told you about yesterday, the Defense of Property Rights Act (see Congressman Proposes Bill to Compensate NY’s Jilted Landowners). When we published yesterday’s article, we did not have a copy of the proposed legislation that has been introduced by Congressman Tom Reed (Republican from Corning, NY). We now have a copy of the bill (embedded below), we have comment from Reed’s office, comment from the Joint Landowners Coalition of New York (JLCNY), and we’ve spoken to a top attorney that has elucidated just what is in the bill. Bottom line: it’s a good bill and we need to support it. Here’s why…
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In 2010, activities of the anti-drilling group Gas Drilling Awareness Coalition, Inc. (GDAC) of Luzerne County, PA (Wilkes-Barre area) caught the attention of the Institute of Terrorism Research and Response (ITRR) Foundation, a company contracted by Pennsylvania’s Department of Homeland Security to monitor potential threats in the Keystone State. The ITRR Foundation put GDAC’s name on a list of organizations to keep an eye on–a so-called “terrorist watch list”–which lists potential threats against “critical infrastructure” in the state. The list with GDAC’s name was circulated to law enforcement agencies and to the drilling industry as well. When word of their inclusion on the list leaked, GDAC huffed and puffed and sued. Lo these 4+ years later, it appears they’ve won that lawsuit and the right to be permanently kept off the list…
It’s interesting to MDN that several of the seven Pennsylvania towns that sued the state over the Act 13 law and its zoning provisions–presumably because they didn’t want any Marcellus drilling in their borders–have done a 180 degree turnabout. It happened first in Robinson Township (Washington County), PA–the very township whose name is forever (shamefully) emblazoned on the case, which is called “Robinson v Commonwealth of Pennsylvania.” Voters in Robinson tossed their anti-drilling leaders out of office (see
It seems no one IS above the law, including Pennsylvania’s Attorney General, Kathleen Kane. She is, you may recall, anti-drilling and has targeted both large and small companies related to the Marcellus industry. She abused her office by filing criminal charges against XTO Energy for an accidental spill that occurred two years before she took office (see