New York

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    New York Landowners Call to Action – Another Sneak Attack Bill in NY Legislature Attempts to Stop Drilling

    MDN received the following email from the Central New York Landowner’s Coalition encouraging New Yorkers who want to see gas drilling to get on the phone and call to express your opposition to (yet another) bill that would kill drilling in New York. MDN encourages those of like mind to call.

    LAST-MINUTE BILL NEEDS YOUR CALL
    SNEAKY “ANTI-GAS” BILL MUST BE STOPPED

    OPPOSITION’S ATTEMPT TO SNEAK A BILL THROUGH: NYS Senator Antoine Thompson has just introduced a bill to the NYS Encon Committee, which he chairs, that would ban any hydraulic fracturing activity in NYS for one year – which is certain to be followed up by subsequent moratoriums in future years. THIS BILL HAS THE SAME LONG-TERM AGENDA AS THE OTHERS AND IS NOT A COMPROMISE!!! If this passes, we can forget about leasing for years to come and we can be certain that any gas company who might be waiting for the DEC to release the SGEIS will give up & head elsewhere.

    WE HAVE BEEN SUCCESSFUL SO FAR: Our rally, emails and phone calls have derailed the bills that would all-out ban or impose a 2-3 year moratorium on gas drilling in NY. We can defeat this bill if we all work together! And with one full week left before the Albany Politicians go to summer recess, this week requires our biggest push ever.

    WE NEED 125 CALLERS FIRST THING MONDAY MORNING:
    Because it’s too late to email or write letters, your coalition committee will be calling and we need 125 additional callers after 9am on Monday to voice your opposition to this moratorium with us. The Encon committee meets Monday afternoon, so it is best if your call reaches them by then. WHEN YOU HAVE CALLED, EMAIL US AT chenangogas@gmail.com and let us know. We’ll keep the website updated with our tally for the day.

    HERE ARE THE NAMES WITH THE “TALKING POINTS” BELOW.

    Name
    Albany Phone

    Thompson, Antoine M.
    Ph: 518-455-3371

    Oppenheimer, Suzi
    Ph: 518-455-2031

    Schneiderman, Eric T.
    Ph: 518-455-2041

    Parker, Kevin S.
    Ph: 518-455-2580

    Serrano, Jose M.
    Ph: 518-455-2795

    Perkins, Bill
    Ph:518-455-2441

    Stewart-Cousins, Andrea
    Ph: 518-455-2585

    Foley, Brian X.
    Ph: 518-455-2303

    Marcellino, Carl L.
    Ph: 518-455-2390

    Leibell, Vincent L.
    Ph: 518-455-3111

    Johnson, Owen H.
    Ph: 518-455-3411

    Little, Elizabeth O’C.
    Ph: 518-455-2811

    Young, Catharine M.
    Ph: 518-455-3563

    Padavan, Frank
    Ph: 518-455-3381

    TALKING POINTS:

    POSSIBLE CONVERSATION: (Not everything below needs to be mentioned. The main thing is the first sentence!)
    “Good Morning (afternoon); I am calling to express my full opposition to the bill being presented by Senator Thompson to the Encon Committee further delaying safe Natural Gas Drilling in NY. Our New York State DEC has successfully monitored, studied and regulated hydraulic fracturing in our state for nearly 2 decades. In additional to this, they have put thousands of man hours into their current SGEIS which will make New York the safest state in our nation for natural gas development. Also, the federal EPA has already studied hydraulic fracturing on numerous occasions and has never found a single instance of underground water contamination by this drilling process. And with the current EPA study, there was never a federal consideration of a ban. This bill appears to be a mere political ploy to create an additional, needless moratorium before the DEC’s latest regulations are even being released. I am asking that you trust the scientists of the DEC who have already created a safe track record for drilling in NY. We have already been forced to wait 2 years so I respectfully ask that this committee not create needless long-term delays to this essential economic push for upstate NY.”

    Many additional talking points are posted on the website of the Joint Landowner’s Coalition (www.jlcny.org). Don’t worry about being eloquent – JUST CALL EVERYONE ON THAT LIST!! We can’t count on anyone else to call for us – you need to pick up the phone and do this for yourself, your family, your community and your state.

    Counting on YOU!

    Brian Conover

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    New President and Board Members for Central New York Landowner’s Coalition

    MDN received the following email noting changes in the leadership of the Central New York Landowner’s Coalition:

    Transition In The Leadership of the Central New York Landowner’s Coalition
    Bringing you up-to-speed on these recent developments.
    June 3, 2010

    Just two weeks ago, a special meeting was held at the office of Levene, Gouldin and Thompson, our coalition’s legal representation. Present at the meeting were our attorney, steering committee members (Todd Barnes, Charlie Rowe, Hank Tumilowicz, Kern Walling, Abbie Tamber and Brian Conover) along with some of the more active members of our landowner forum. After discussing specific ways to help our coalition become stronger, the committee voted on certain leadership changes that you need to be aware of.

    After 2 years of sacrificial and loyal service, Richard Lasky, our coalition president stepped aside from his position. His farewell note follows this notice.  Richard is known for investing his personal time, finances and talents to grow the coalition from the ground up to where it is today. This coalition would not be all it is without his leadership, dedication and sacrifice. Following the acknowledgment of this decision, the steering committee nominated and voted Brian Conover as our current president. Brian has served with Richard and the steering committee for the past two years.

    After much positive discussion between the forum members and the steering committee, the steering committee members present saw an opportunity for the forum individuals to rise to the occasion and give of their energy and perspective to help advance the coalition. The greatest tasks of the coalition have already been accomplished: our lease is completed, our members and community have been educated, our coalition has grown to the largest coalition in New York State, and our hard-working committee members receive credit along with Mr. Lasky for these accomplishments. However, recognizing the future needs of the coalition to grow our political voice and continue to fill in our coalition acreage, the steering committee encouraged these individuals to fill their positions and continue the purposes to which they dedicated over two years of their life advancing. The landowner forum representatives then formed an advisory committee that worked in coordination with our attorneys and Brian Conover to give immediate direction and helped establish a new formal steering committee. The new steering committee members are … Steve Gage, Chris Babcock, Lee Schultz, Scott Utter, Sean Campbell along with Wilma Gorrell and Brian Conover from the previous committee.  Additional committee members will be added in the future as representatives for various areas of the coalition range.

    Please know that our commitments to the landowners of this coalition are unchanged. We do appreciate your loyalty to the coalition purposes as well as your understanding through this transition. Another newsletter update will be arriving in the near future announcing the JLC Albany rally on June 9th and also promoting our coalition values and direction for the future.

    Grateful for all that has been done – excited about our future,

    Brian Conover

    —–

    Farewell Note From Richard Lasky

    Two years ago, a small group of committed landowners assembled in my living room to contemplate a growing crisis: landmen were combing our hills and valleys and leasing land from folks who had no idea of the issues surrounding natural gas, or how to effectively form a business partnership with an energy company. Destitute farmers and elderly people were gleefully signing over their mineral rights without understanding how to ask for protections for land, air and water and for pennies and dollars per acre. As we sat and faced the music – we knew we had a choice: bury our heads in the sand and let the events unfold – or spring into action and create an educational outreach program to make formidable partners of landowners around the central and southern parts of NY who could face energy companies with knowledge, fortitude, and power. Many times in my life I have recalled the words of Johann Wolfgang von Goethe, a German playwright and poet who said, “What is my life if I am no longer useful to others.”

    That sentiment in mind, two years later, it is clear which path we struck. Today, I am proud to have presided over the Central NY Landowners Coalition (CNY) which has grown to almost 170,000 acres of land, comprising the largest regional coalition in the state.  To the members of CNY, I pledged to make sure that people who did not know how to protect themselves could be given all the information they needed so that they could make the right choice about leasing their land.

    It has been my passion to bring hope to this area; hope that we can rise above the economic challenges of our day, hope that we can protect our environment and way of life through this drilling endeavor and hope that the future of our great state will, one day, exceed anything in its glorious past. Although I leave behind my term as president of the Central NY Landowners Coalition, that hope in me yet lives on. I thank you for your work, for your support but mostly for your friendship. I wish you all Godspeed.

    Richard Lasky

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    East Resources Sells to Royal Dutch Shell for $4.7 Billion, Deal Includes All of East’s Marcellus Shale Operations

    East Resources, a major drilling company in the Marcellus Shale, especially in Pennsylvania, is selling itself to Royal Dutch Shell for a whopping $4.7 billion. From drilling a single horizontal Marcellus Shale gas well in 2009, East has drilled some 75 horizontal wells in the past 12 months. East did have plans to drill 6,000-7,000 wells in Tioga County, PA over the next “several years” (see this MDN story). No word on the planned drilling for Tioga County and other regions, but MDN assume Shell did not invest in East to not drill. In fact, the pace of drilling may well pick up with Shell’s investment.

    From the East Resources press release:

    East Resources, Inc., a Pennsylvania-based independent oil and gas producer and one of the most active explorers in the Marcellus Shale, along with its private equity investor Kohlberg Kravis Roberts & Company, signed a definitive agreement to sell the company’s principal subsidiaries to an affiliate of Royal Dutch Shell plc (“Shell”) for cash consideration of $4.7 billion. The sale includes East’s natural gas and oil exploration and production operations and most of its holdings in related businesses. With the purchase of East Resources, Shell will acquire approximately 650,000 net acres of Marcellus Shale rights in Pennsylvania, West Virginia and New York, and 1.05 million acres in total.

    East Resources, founded in 1983 by Terrence M. Pegula, has been one of the Appalachian Basin’s most active exploration and production companies for more than 25 years. Since its inception, East has grown primarily through its exploration successes, several strategic acquisitions, and most recently the development of the Marcellus Shale.

    East Resources employs approximately 300 office and field personnel in Pennsylvania, West Virginia, New York and Colorado. Its principal offices are located in Warrendale, PA, Broomfield, CO and Parkersburg, WV. Shell will continue to operate with East’s workforce to ensure continuing success in the growth and development of the reserves it will acquire in the purchase.

    The sale of East Resources to Shell is expected to close in two phases. The first phase of the sale will be completed in mid- to late summer. The second phase of the sale, including the sale of the West Virginia business, will close later this year, pending certain regulatory approvals.

    “The sale of the company to Shell will ensure that the capital needed to develop East’s significant Marcellus Shale holdings will be available,” says Mr. Pegula, East’s owner and Chief Executive Officer. “Shell’s entry into the region should benefit Pennsylvania, West Virginia and New York through significant new capital investment, new jobs and new business opportunities. I am very proud that this transaction has brought Shell into the Appalachian Basin.”

    President of Shell Oil Company, Marvin Odum commented, “East Resources’ management has built an excellent organization which we are pleased to have as we enter the northeast US and specifically the Marcellus Shale play.”*

    *East Resources Press Release (May 28) – East Resources Inc announces sales agreement with Royal Dutch Shell plc

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    Gas Drilling & Compressor Plants in DISH, TX Not Poisoning Local Population

    Since February of this year, Mayor Calvin Tillman from DISH, Texas has visited—several times—the Marcellus Shale regions of New York and Pennsylvania, sponsored by groups like Shaleshock and other anti-drilling organizations. Mayor Tillman claims that his small town in Texas, north of the Dallas-Fort Worth metroplex area, has been contaminated by shale gas drilling. DISH is located in the Barnett Shale deposit. Some of the drilled gas wells are within the city limits, and others sit just outside of town. MDN attended one of Mayor Tillman’s presentations back in February and you can read about my impressions here. It’s a fair statement that Mayor Tillman has been a popular speaker for those opposed to drilling in the Marcellus Shale, drawing sizable crowds.

    One of the claims made by Mayor Tillman in his talks is that either local gas wells, or the compressor plants used to pressurize shale gas for area pipelines, or both is polluting DISH and its citizens. DISH is unusual in that there are 11 large pipelines in the DISH area, far more than normally found in a single location (the most in one area for shale gas that MDN is aware of). Odors are coming from the compressor plants, so it’s certainly not a stretch to think that if you can smell it, it may be polluting or causing harm. That was Mayor Tillman’s suspicion, so he used city funds to conduct environmental testing in the DISH area, and separately another organization performed a health “survey” of current and former DISH residents (for free). Problem is, both the environmental testing and the health survey were flawed in their methodologies, which casts doubt on the findings. So the Texas Department of State Health Services stepped in to do a scientific health study using blood and tissue samples.

    Agency officials collected biological samples from 28 Dish residents in late January to see whether levels of volatile organic compounds (VOCs) in their blood were higher than those in the broader population. “We were looking to see whether a single contaminant or a handful of contaminants were notably elevated in many or all of the people we tested,” said Dr. Carrie Bradford, the toxicologist who led the investigation.*

    And what was the conclusion of the Department of State Health?

    Texas health officials found no connection between pollution from a natural gas compressor station in Dish, Texas and levels of toxins in the blood of people living nearby.*

    The new report from the Department of State Health Services says levels of benzene and other contaminants was no higher in Dish residents than in the nation’s population in general.**

    MDN wonders if the now less than credible Mayor Tillman will still be such a large draw when he comes calling again?

    *Elimra Star-Gazette (May 26) – Texas gas study finds no pattern of elevated toxins near compressor
    **Dallas Fort Worth – Channel 33 News (May 12) – DISH Report: No evidence gas well hurting residents of Dish, Texas

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    Steuben County, NY May Accept Marcellus Drill Cuttings in County Landfill

    Like neighboring Chemung County, NY, officials in Steuben County, NY are actively considering accepting Marcellus drill cuttings (leftover dirt and rock from drilling gas wells) in the county landfill. Drillers over the border in Pennsylvania are looking for a location to dump the cuttings. The debate over whether to accept drill cuttings always centers on whether there is radioactivity in the cuttings and if it will become a problem down the road when liquids leach from the landfill into groundwater supplies. Chemung County has done extensive research and finds the radioactivity levels to be very low—and safe. Chemung County currently accepts drill cuttings, and now Steuben County is considering it too.

    “Right now, we’re just talking about relatively small amounts we would bring in, if we brought it in. We want to be sure of ourselves though,” said Steuben County public works commissioner Vince Spagnoletti.*

    As with Chemung County, economics is driving the decision for Steuben County as well:

    Spagnoletti says bringing in around 10,000 tons per year of the drill cuttings could raise around $300,000 to the operational budget of the landfill.*

    That’s a potential $300,000 that taxpayers would not have to pony up.

    *YNN Your News Now (May 11) – Steuben County may allow Marcellus shale debris to be dumped in landfill

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    Mesa Energy is Using Hydraulic Fracturing on Two Wells in Western New York – Right Now

    From the “continues to be interesting” department: Mesa Energy, new owner of the Java Field in Western New York State, has started hydraulic fracturing of two Marcellus Shale wells in the Java Field. Yes, you read that right. Fracking is happening NOW. In New York State. The catch? They’re both vertical wells. Since fracking horizontally drilled wells is still on hold in New York, Mesa can’t drill horizontally. But they have received permission from the New York Department of Environmental Conservation to frack vertically on two of their wells—and they are doing it.

    Mesa press release issued today:

    DALLAS—Mesa Energy Holdings, Inc. (the “Company”), an exploration stage oil and gas exploration and production company with a focus on the Marcellus Shale in western New York, provides an update on its re-completion of the Reisdorf Unit #1 well in its Java Field prospect located in Wyoming County, New York.

    The Reisdorf Unit #1 in the northern portion of the Java Field has been successfully re-completed and fracked in the Marcellus Shale. The well was perforated at a depth of 1,368’ to 1,389’ and fracked with 74,000 gallons of slick water and 105,000 lbs. of proppant (sand) combined with Nitrogen assist. Flow-back of the frac water is continuing according to plan. Although there is not yet sufficient data to accurately quantify the gas flow, there is clear indication of strong gas presence in the Marcellus zone. Planning for the re-completion and fracking of the Ludwig #1 is underway.

    “We are very encouraged by the early data and believe that the performance of the well to date clearly supports our ongoing efforts in the Marcellus Shale,” said Randy M. Griffin, CEO of Mesa Energy Holdings, Inc. “We will continue to provide updates as new information warrants.”*

    *Mesa Press Release/Business Wire (May 12) – Mesa Energy Holdings, Inc. Provides Reisdorf Unit #1 Update

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    Members of Landowner Group in Broome County, NY Receive First Payment for Lease Deal

    Stop the press: There’s actually been some GOOD news from New York State on the drilling front. Inflection Energy has just issued payments to some 130 residents in the Town of Maine (Broome County, NY) to secure drilling rights to their land, when/if drilling ever begins in New York State.

    The deal, announced in February, calls for $6,000 per acre over eight years. About 130 residents with more than 3,000 acres have begun receiving checks for the first year’s payment of $1,000 per acre, said Robert Wedlake, a lawyer with Hinman, Howard & Kattell representing the group, called the South Maine Millennium Coalition.

    The Inflection deal calls for 20 percent royalties “subject to certain deductions,” according to a press release from Wedlake and Inflection.*

    *Binghamton Press & Sun-Bulletin (May 9) – Town of Maine residents getting $3 million for gas rights

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    NY Congressman Michael Arcuri Talks Out Both Sides of His Mouth on Drilling in the Marcellus

    Upstate New York Congressman Michael Arcuri says the BP oil disaster in the Gulf of Mexico means we should slow down (or perhaps not even start) drilling in the Marcellus Shale. Yes folks, we don’t make this stuff up! An oil drilling accident off-shore now equates with hydraulic fracturing of shale for natural gas. Go figure.

    Mr. Arcuri’s press release below, taken verbatim from his website, is a classic example of a politician talking out of both sides of his mouth:

    WASHINGTON, DC – U.S. Rep. Michael A. Arcuri (NY-24) issued the following statement renewing his call for a cautious approach to natural gas drilling in Upstate New York in light of the BP oil spill in the Gulf of Mexico:

    “The BP oil spill in the Gulf of Mexico demonstrates how vital it is for us to proceed with the utmost caution when considering natural gas drilling in Upstate New York.  While I support measures to open up energy reserves here at home and create new job opportunities for Upstate families, I also believe that we must carefully examine the potential outcome that natural gas drilling may have on the health of surrounding homes and communities.  Natural gas is a tremendous natural resource with great economic potential, but we must move forward in a way that protects an even more precious natural resource – our abundant supply of clean drinking water.

    “New York’s natural gas reserves are not declining in value as they wait to be developed, and methods become safer and more efficient as companies adapt techniques. But, as we have seen in the Gulf of Mexico, we cannot assume a spill will not happen or become careless in protecting the environment because one mistake could be devastating.

    “With so many residents who live in rural areas relying completely on well water, we cannot afford to sacrifice the purity of our water by rushing to drill.

    “It is my hope that this disaster serves as a reminder to us all just how high the stakes are and that we must take every precaution possible to ensure that a rush to drill the Marcellus Shale does not irreparably contaminate our water.”

    *Press Release (May 4) – Arcuri Renews Call for Cautious Approach to Natural Gas Drilling in Upstate New York in Light of Gulf of Mexico Oil Spill

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    More Delay Tactics, Elected Officials in NY Actively Oppose Drilling in the Marcellus Shale

    New York State’s future with drilling in the Marcellus Shale continues to be cloudy at best. While MDN believes drilling should start—now—hoping and wishing will not make it happen and New York landowners have to face the cold, hard reality it may not happen until summer 2011 at the very earliest (if indeed it ever happens). Now that the NY Department of Environmental Conservation is proposing two sets of rules for drilling—one for the New York City and Syracuse watershed areas, the other for everyone else—anti-drillers are using it as a wedge issue.

    Must be fun being an anti-drilling person in NY. First, you say over and over and over again that drilling in the Marcellus in the watershed may contaminate New York City’s water supply. And so, when finally the DEC throws up its hands and says, “OK, we’ll take drilling in the watershed off the table,” the new argument becomes, “See! See! If it’s not safe for the watershed, it’s not safe anywhere!” Gotta love that twisted logic. Point of fact: Hydraulic fracturing is safe everywhere, including the watersheds.

    Here’s some of the latest opposition to drilling from New York’s elected leaders:

    Assemblyman Kevin Cahill, D-Kingston, chairman of the Assembly’s Energy Committee, and Assemblywoman Barbara Lifton, D-Ithaca, are preparing legislation that will require the same drilling regulations for all state watersheds, including the Delaware.

    Assemblywoman Aileen Gunther, D-Forestburgh, recently co-sponsored a bill calling for a moratorium on drilling at least until a federal study on the impact of “fracking” on drinking water is complete — in about two years.

    And on Friday, Rep. Maurice Hinchey, D-Hurley, called on the Delaware Basin Commission, which approves withdrawals of Delaware River water used for “fracking,” to conduct an environmental impact study on the cumulative effects of those withdrawals before it considers any applications.*

    So, let’s recite the playbook: Claim it’s not safe. Claim it pollutes water supplies. And when all else fails, call for “let’s go slow and do more studies” and try to delay drilling for at least 2-3 more years to give the anti-drilling forces time to solidify opposition and completely kill it forever.

    And lest PA thinks they’re clear of all this, you’re not. The Delaware River Basic Commission has effectively blocked drilling in the Delaware River watershed for now. And your own U.S. Senator, Bob Casey, is asking the U.S. Environmental Protection Agency to get involved in the situation in Dimock, PA.

    *Middletown Times Herald-Record (May 2) – Legislators want drilling rules fairly crafted

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    NY DEC Message to Landowners in New York’s Watersheds: Forget About Drilling

    These are the bald facts of life for New York landowners who own land in either the New York City or Syracuse watershed areas and may want to lease their land for Marcellus Shale gas drilling: Forget it. That’s the loud and clear message from NY Department of Environmental Conservation (DEC) Commissioner Pete Grannis. After the DEC’s announcement of last week, no energy company in their right mind will be willing to drill in New York’s watersheds (although drilling companies currently drill safely in the Susquehanna River watershed in PA, and are trying to drill in the Delaware River watershed in PA).

    Reaction from landowners in New York has been mixed. While some believe watershed landowners are being unfairly penalized, others think this may speed up the process of drilling for everyone else by removing a key objection to drilling—that drilling may contaminate city water supplies.

    From a press release issued by the NY DEC last week:

    April 23 – New York State Department of Environmental Conservation (DEC) Commissioner Pete Grannis today announced that due to the unique issues related to the protection of New York City and Syracuse drinking water supplies, these watersheds will be excluded from the pending generic environmental review process for natural gas drilling using high-volume horizontal drilling in the Marcellus shale formation. Instead, applications to drill in these watersheds will require a case-by-case environmental review process to establish whether appropriate measures to mitigate potential impacts can be developed. There are 58 pending applications for horizontal drilling in the Marcellus shale; no applications are located in either the New York City or the Skaneateles Lake watersheds (Syracuse utilizes the Skaneateles watershed).

    Read More “NY DEC Message to Landowners in New York’s Watersheds: Forget About Drilling”

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    Joint Landowner’s Coalition of NY Makes Appeal to Landowners

    The Joint Landowner’s Coalition of NY has put out a plea for donations. Drilling in New York may not happen unless landowners can generate enough noise to break through the resistance in Albany. Here is the letter reproduced in full from the JLCNY:

    A Message from the JLCNY President Dan Fitzsimmons – April 27, 2010

    Fellow Landowners – I don’t have to tell you we have much at stake.  But I do need to sound an alarm:  the time for us to act is NOW.  We are organized.  We are prepared.  And although we have worked intensely over the last two plus years, we are outmanned, outspent, outmaneuvered.  We need to step up our game, and we have a plan to get it done.  But we desperately need your financial support.  Some of you have given generously financially.  Some of you have poured blood, sweat and tears into this effort.  And some of you will make your first donation right now.  We need as much as you can afford to give to fund our efforts to:

    • Hire professionals in Albany who can represent us and make sure our voices are not drowned out by the better-funded extremists.  These professionals can open doors, cut through clutter and red-tape for us and focus us on the most effective strategy for being heard where it counts.

    • Get the word out:  you’ve heard the same arguments I hear:  more people are against drilling than are for it.  We know that’s not true – but we have to erase that perception.  The best way to do that is to blanket our area with lawn signs, drown our airwaves with pro-drilling ads, promote speakers at public forums who can support our issues with facts, erect billboards with clear messages, etc.

    • Continue to support landowners.  In some respect, the work begins when the moratorium is lifted and leases are signed.  Who will advocate for landowners in their negotiations and relations with energy companies?  Who will be a watchdog with the regulatory agencies?  Who will make sure we have the best and latest information on and about the industry and the technology surrounding us?  Landowners will need the JLC more and more as time goes by and as the stakes continue to rise. We cannot sustain it without your support.

    We are seeking support from a number of channels:  from corporations and industry; from foundations and other organizations who may provide grants for our work; from local business and farm organizations.  But the most important support we need RIGHT NOW is from you.  Please give what you can today – $10, $20, $100, $500 or more.  See if your company has a matching donation program – or if you know of any other source you can approach for us – please do.  Use PAYPAL on our website: JLCNY.org or send a check to:

    PO Box 2839
    Binghamton, NY 13902

    Thank you from the bottom of my heart.  We will get there, but only if we stay together on this.

    Dan Fitzsimmons
    President JLCNY

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    Bad News for NY Landowners: DEC Says Drilling Won’t Begin Until Mid-2011

    NY DEC Comm. Pete Grannis MDN does not want to depress and demoralize the good citizen landowners (and drillers) of New York State, but we must share some disheartening news. It seems comments made today by New York Department of Environmental Conservation (DEC) Commissioner Pete Grannis, the man who heads the very agency working on new rules for drilling in New York, indicate drilling in New York State will not begin until spring or summer 2011.

    As part of an Earth Day speech at Onondaga Lake near Syracuse, Grannis made some revealing comments:

    Grannis predicted the DEC will finish drafting regulations that companies will have to follow to receive drilling permits by fall. He said he expects drilling to begin by spring or summer 2011.*

    Why is it bad for landowners and drillers? The longer we go without drilling, the more likely it simply won’t happen at all—ever. In addition, every month that passes with no drilling in New York means thousands of more jobs permanently relocated to other states in the Marcellus Shale, including Pennsylvania and West Virginia, where drilling is already happening. Once drilling companies decide on where to locate their headquarters and branch offices, and once other businesses like wastewater treatment plants and trucking firms get established, they almost never relocate. If those jobs and capital investments go to PA and WV, New York will never see them. A real shame.

    Finally, waiting until 2011 is bad because it means the next governor of New York, likely Andrew Cuomo, will have to sign off before drilling can begin. If Cuomo is elected, it’s not at all clear whether he would be favorable to drilling. In fact, it is likely he will be opposed.

    There’s still time. Landowners and concerned citizens who recognize just how important this is to New York’s future need to make their voices heard loud and clear to their elected representatives—and people like Cuomo need to understand elections may very well hinge on how they come down on the drilling debate.

    It’s time to turn up the heat on the DEC—they’ve had long enough. They are intentionally delaying and stalling for political reasons—not safety reasons.

    *Syracuse Post-Standard (Apr 20) – Environmental Conservation Commissioner Pete Grannis says hydrofracking likely to begin in New York in spring or summer 2011

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    NY Marcellus Shale Drilling Regulations Ready by Fall 2010?

    When will the new Marcellus shale drilling regulations be ready in New York State? That’s the multi-million dollar question for both energy companies and landowners. Pro-drilling groups are pushing for the new regs to be released by early summer, but the New York Department of Environmental Conservation (DEC), the agency tasked with rewriting the regulations, is now making noise about “late summer or early fall.”

    Department of Environmental Conservation Commissioner Alexander “Pete” Grannis, speaking to the state Business Council on Thursday, said the Supplemental Generic Environmental Impact Statement (SGEIS) could be finalized by late summer or early fall, according to media reports.

    The reports also indicated drilling permits could be issued by the end of the year.*

    According to Richard Downey, a landowner and member of the Unatego Area Landowners Association:

    “This is the first time he’s [Grannis] said it and I tend to believe him,” Downey said. “My own opinion is the man has always kept his word and his own schedule.”*

    *Oneonta Daily Star (Apr 19) – Drilling regs could be final by fall

    Also see: Binghamton Press & Sun-Bulletin (Apr 15) – N.Y. review of Marcellus hits snags

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    Radiation Testing Shows Marcellus Shale Drill Cuttings are Safe for Chemung County, NY Landfill

    Chemung County, NY officials have released a report they commissioned from an independent certified health physicist that show levels of radiation in the Marcellus Shale drill cuttings coming from Pennsylvania Marcellus drilling operations to the Chemung County landfill are “well below” U.S. Environmental Protection Agency standards for radiation.

    The gist of the report is that the soil that the county landfill would accept from Marcellus Shale drilling poses no health threat from radiation, said County Executive Tom Santulli.

    “These people are experts. They made it very clear that this material is less radioactive than the countertops in our houses and soil in our gardens,” Santulli said. “My message is simple—this stuff is not toxic. It’s no more radioactive than the soil in your garden and bricks on your house. All this testing verifies that. This is way below any EPA levels.

    “This would be equivalent to taking dirt from your backyard and using it in landfill,” he said. “It can be used for cover. It’s that safe.”*

    However, the debate still rages. Those opposed to drilling claim there is a significant threat to human health from the drill cuttings. County Executive Santulli says those opposed “have zero credibility” on the matter with no facts to back up their claims.

    For more information on both positions, see the full article in the Star-Gazette.

    *Elmira Star-Gazette (Apr 11) – County study says soil from gas drilling is safe

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    Watertown, NY Votes to Accept Shale Wastewater in City’s Water Treatment Plant

    The City of Watertown, NY has voted to continue accepting wastewater (flowback) from hydraulic fracturing—but it’s not wastewater from the Marcellus Shale. This wastewater comes from a driller in Central New York—Gastem—who is drilling Utica Shale gas wells using hydraulic fracturing. Utica Shale is much deeper than Marcellus Shale and uses much less water to frack the well because it is vertical and not horizontal as it would be with a Marcellus well.

    The city’s water treatment plant accepted 35,000 gallons of wastewater from Gastem last summer and discharged the treated water into the Black River. Gastem wants the city to treat an additional 80,000 gallons this summer.*

    The volume of wastewater being treated in Watertown is miniscule compared to what is generated from a Marcellus well. But it is interesting that the city council has decided there is no hazard for the citizens of Watertown from treated frack fluids.

    *CNYcentral.com (Apr 7) – Watertown to dispose of gas well fracking fluid

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    Cornell Hydraulic Fracturing Expert Headlines First Meeting of New York Residents Against Drilling (NYRAD) in Vestal, NY

    Ingraffea_Anthony Nearly one week ago, on March 31, MDN attended the kickoff meeting of New York Residents Against Drilling (NYRAD) at the Vestal Public Library in Broome County, NY. No, MDN is not anti-drilling! We attend to listen and learn. The drilling debate is increasingly political in tone. Those of us who support drilling need to listen to those in our communities who oppose it—as a courtesy, to be sure we have not missed important information that informs our own opinions, and so we understand our opponents’ arguments in this debate—to be able to intelligently respond to their (often inaccurate and overhyped) accusations.

    The meeting room at the Vestal Public Library was filled to capacity for the meeting with about 120 people attending. Local news media was there, as well as cameras from (presumably) NYRAD themselves. MDN observation: As was the case when DISH, TX Mayor Calvin Tillman recently visited, there were a number of balding men with gray-haired ponytails in the audience. MDN continues to posit the theory that many 60s hippies have found a new cause célèbre that now energizes them—gas drilling.

    The meeting was opened by a NYRAD official who introduced the evening’s main speaker, Professor Anthony Ingraffea. Dr. Ingraffea is a professor of civil and environmental engineering at Cornell University. His Ph.D. is in rock fracturing mechanics. He has done twenty years of research on hydraulic fracturing for companies like Schlumberger, Exxon and the Gas Research Institute. If anyone knows how rock fracturing works, it is Dr. Ingraffea. I eagerly anticipated what he would say about hydraulic fracturing and whether or not the process contaminates water supplies, a commonly leveled charge by drilling opponents.

    Dr. Ingraffea is an accomplished speaker. He is equal parts comedian and expert, and he knows how to “work a crowd.” I can easily imagine that he’s a favorite professor at Cornell, one whose classes fill quickly. In his opening remarks he admitted he feels passionately about the issue of drilling in New York State, and that he is opposed to it. He opened his talk with a technique often employed by those who are anti-drilling. He mentioned he loves fishing for trout in New York’s streams and he asked the audience a question: “Would you like to keep fishing in New York State?” The implication is that if drilling begins, trout fishing is finished. It’s a non sequitur—a statement that does not follow from the premise. In the course of his presentation he never once connected any dots that drilling activity would lead to poisoning of streams and the end of trout fishing. This was a tip-off that the evening might disappointingly hold more emotional statements rather than factual statements. Unfortunately, that’s exactly how it turned out.

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