EPA Steps Up Enforcement Actions Against NatGas Drillers
MDN reported today on the settlement of an environmental damage case in Weztel County, WV by Chesapeake Energy (see this MDN story). The story mentions that the federal Environmental Protection Agency (EPA) got involved through the back door of the Clean Water Act. MDN has long maintained that the EPA is attempting to control more and more of natural gas drilling in the country (we believe they’re a rogue agency on this issue).
The U.S. Constitution makes it clear that regulating oil and gas drilling is not a federal function but a state function. Using the Clean Water Act, the Clean Air Act and other federal legislation, the camel’s nose of the EPA is not just under the flap of the tent, most of the camel is now inside the tent. Why do we say that?
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The so-called home rule issue is cropping up in Ohio. Home rule is when a local municipality believes it has the right to govern or ban oil and gas drilling within its borders, using local zoning laws, even though in most states (like Ohio) the right and responsibility to govern oil and gas drilling is vested in the state and not in municipalities.
The City Council for Binghamton, NY passed a de facto drilling moratorium at the end of December of 2011, just before the all-Democrat city council was about to be reconstituted with a few new Republican members (
The Joint Landowners Coalition of New York (JLCNY) is a “coalition of coalitions” representing more than 77,000 landowners throughout New York State. Consider it the official, collective voice of landowners interested in allowing shale gas drilling on their land. For many months MDN has marveled at how restrained the JLCNY has been with regard to the foot-dragging on the part of Gov. Andrew Cuomo and DEC Commissioner Joe Martens when it comes to the release of new drilling rules. MDN would “shoot from the lip” and say “Sue ‘em!” The JLCNY would calmly say, “Let the process work. In the end, we’ll have the best drilling laws in the world, and no one will be able to say we didn’t take our time and do it right.” And of course they’re correct.
Former Gannett reporter and current book author Tom Wilbur (