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Delaware board resolution affirms right to lease

June 20, 2012

Following a heated and frequently loud exchange between residents of the Town of Delaware and Delaware town board members at the regular monthly board meeting on Wednesday night, the board passed a resolution affirming the right of landowners within the town's borders to determine how they exercise any mineral rights they own "in accordance with the laws of the State of New York and the United States of America."

The resolution has the effect of making it clear that natural gas drilling is welcome in the town so long as any residents in the town wish to lease. Given recent comments by Department of Environmental Conservation Joseph Martens and Governor Andrew Cuomo that drilling in New York is most likely to start in municipalities that welcome it, the resolution may make the town a priority destination for gas drilling, assuming there is viable gas present.

The resolution does not address how New York State's compulsory integration law, which would have the effect of co-opting properties of landowners who do not wish to lease into drilling units if 60% of the other acreage in the unit in question is leased, might affect residents’ ability to determine how they exercise their mineral rights.

The resolution was introduced by councilman Harold Roeder after a number of residents had pressed the board with questions as to whether it would be willing to at least consider reviewing the desirability of restricting gas drilling by zoning.

The board up until this point has declared that it has a neutral stance on gas drilling. In describing how this resolution compares with the previous declaration of neutrality, Roeder said at one point, "We weren’t promoting it or we were not standing against it. We were neutral. But people were pushing and pushing, and I said, this is more important, that people have the rights to their property."

The resolution passed by a vote of 4 to 0, with Cindy Herbert abstaining.

Following the passage of the resolution, townsperson Rosie DeCristofaro said to the board, "I’m not going to sign up. I hold my property rights; I’m not going to do any of that. But I’m going to hold you guys responsible if something happens to my health, and not New York State. You are responsible for the health of the residents.”

Roeder responded, "That’s bullcrap. That is so over the top. What do you want me to do, bring a doctor to you in bed to see if you are okay, tuck you in tonight?"

More Town Boards deserve 3 CHEERS!

In addition to Delaware, the towns of Fremont and Hancock passed resolutions in support of drilling.

A big THANK YOU to those serving on those boards for standing up for landowner's right to their minerals and for their faith and trust in the NY DEC's ability to perform their job protecting our land and water.

Apparently common sense ceases to exist east of Rt17B !

Isn't a half wit better than a no wit?

I remain bewildered, and dismayed, when TRR permits a person who displays little to no wit within his writing, and who hides behind an assumed, false, name, to call those who oppose his views, "half wits".

As to Mr. Roeder, is he a member of the Texas Rail Roeder Commission?

There are two screaming news stories in today's Google gas alerts. I serve them up to Mr. Roeder for his breakfast.

"...Shell has nev­er­the­less asked the hand­ful of peo­ple who live within a one-mile radius of the drilling site to tem­porar­ily evac­u­ate their homes.

Shell has also sent a well con­trol spe­cial­ist team to the site.

...Accord­ing to Spadoni, a drink­ing water well located 4,000 feet from a Shell drilling site began over­flow­ing this week­end. “Shell has sev­eral well pads in the area in var­i­ous stages of com­ple­tion. They stopped all oper­a­tions in the area when noti­fied of a prob­lem,” he wrote, not­ing “bub­bling was also noted at mul­ti­ple loca­tions in a nearby stream.”

The Wells­boro Gazette has posted a pic­ture of that “bub­bling,” which looks more like a minia­ture geyser shoot­ing fluid more than a foot above the ground."

I just looked at the photos, and the earth is spewing a little geyser to say the least.

Second breakfast course for Roeder: "
Chesapeake to Pay $1.6 Million for Contaminating Water Wells in Bradford County

June 21, 2012 | 6:57 PM
By Susan Phillips
Chesa­peake Energy has agreed to pay $1.6 mil­lion in dam­ages to three fam­i­lies in Wyalus­ing, Brad­ford County. The case may be the first Mar­cel­lus con­t­a­m­i­na­tion law­suit to get resolved with­out a nondis­clo­sure agree­ment, mean­ing the par­ties can speak freely about the case. Todd O’Malley, an attor­ney for two of the fam­i­lies, says the plain­tiffs insisted on not sign­ing a con­fi­den­tial­ity agreement.
“They wanted the pub­lic to know what the set­tle­ment was about,” says O’Malley.
O’Malley says the major­ity of gas drilling related cases get set­tled with­out any pub­lic dis­clo­sure, includ­ing the causes of the con­t­a­m­i­na­tion, or the health impacts.
“I think the nondis­clo­sure form is prob­a­bly the worst form,” says O’Malley. “It’s referred to as ‘toxic secrets.’ The pub­lic deserves to know.”
The fam­i­lies, liv­ing along Par­adise Road, all signed leases with Chesa­peake Appalachia to drill beneath their land. But in July, 2010, the res­i­dents began to notice muddy water com­ing from their water wells. Chesa­peake sup­plied a fil­tra­tion sys­tem, which res­i­dents say did not work. O’Malley says his inves­ti­ga­tors con­cluded that a poor cement job resulted in methane migrat­ing from the Mar­cel­lus Shale for­ma­tion into the water sup­ply of nearby residents.
Scott and Cassie Spencer, Heather and Jared McMicken, and Michael and Jonna Phillips filed suit in the Mid­dle U.S. Dis­trict Court of Penn­syl­va­nia, which was sent to arbi­tra­tion. Three days of tes­ti­mony took place before an arbi­tra­tion panel in Philadel­phia this week, pre­cip­i­tat­ing the two par­ties reach­ing an agree­ment on Thursday.
O’Malley says all three fam­i­lies signed leases that forced any dis­pute into arbi­tra­tion, which typ­i­cally leads to smaller finan­cial set­tle­ments than jury trials.
“They deserved much more money,” said O’Malley. “With what they went through, you couldn’t pay them enough. But this is enough to get them out and into new homes.”
Chesa­peake also agreed to buy the homes from the fam­i­lies, which is included in the $1.6 mil­lion."

These 3 families had signed leases, Mr. Roeder. The question is, what are you willing to inflict upon the vast majority of your citizens who do not want any part of this nasty industrial extraction?

I applaud Mr. Roeder's position of responsibility in the community. He, unlike the Wythe man, stands up under his own name.

I would hope that he would begin to exercise his full wit on this issue, however.


Thanks for standing up to the NIMBY half-wits and showing your support for landowners rights. More towns need to follow your lead.

They want us to believe "The Sky is Pink"!

No one can make these reports up. It is happening everywhere there is shale gas drilling, and extraction.

"Independent study finds significant fault line methane leaks near PA natural gas operations.

A water and methane geyser, bubbling water, and mud volcanoes have Pennsylvania shale-field residents scared and demanding answers. A number of dramatic methane emissions were reported to have begun in Leroy Township, Bradford County on May 19, 2012. Initial reports from residents suggested that there may have been a substantial loss of control of natural gas from one or more of the shale gas wells in the area. The Pennsylvania Department of Environmental Protection (PA DEP) detected methane in nearby residents’ water wells, about one half mile from the Chesapeake-owned Morse well pad. Last week, there was a large methane and water geyser reported near one of Shell’s wells in Tioga County.

While PA DEP and Chesapeake monitored the Bradford County site, they have not yet released this data to the public. Area residents demanded third-party independent testing be performed. In response to residents’ requests, Clean Air Council, a PA clean air group, commissioned Gas Safety Inc. to monitor for potential methane leakages associated with the gas bubbling in Leroy Township.

“We’re concerned about the possibility that fracking is causing increased methane leakage from that natural fault lines that previously emitted methane in much smaller amounts,” Clean Air Council Executive Director Joseph Otis Minott said.

While studies have estimated the amount of methane that is leaked or vented from natural gas equipment, Gas Safety claims that there is little to no data on how much is being emitted every day through naturally occurring fault lines that may have been altered by fracking.

“Two methane plumes were detected,” said Dr. Bryce Payne, environmental scientist and author of the report. “One larger plume substantially increased in size over a few hours, which suggests large amounts of methane were being emitted into the air. A smaller plume was also detected about 2 miles west of the larger one. The data and observations suggest natural gas has spread through an extensive underground area beyond where the plumes were found.”

“The International Energy Agency recently recommended in their Golden Rules for a Golden Age of Gas Report that drilling companies need to carefully survey the geology of the region to avoid fault lines,” said Payne. “With the already-fractured geology of Pennsylvania and parts of New York, our methane measurements demonstrate that this may prove impossible to do.”

“There are some places that you just shouldn’t drill. Scientists must continue collecting data to answer whether or not the Marcellus Shale can be responsibly drilled or even meet minimal compliance with the EIA’s recommendations.”

While no isotopic testing has confirmed the methane source, the report points out that the sustained and elevated levels of methane were indicative of a fugitive source of upwind methane. The report also states that bubbling gas in Towanda Creek was consistent with how fugitive gas from shale wells would travel through faults, fractures, and groundwater aquifers. Researchers also found extremely high methane levels on the banks of the Towanda Creek and nearby residential water wells that were heavily contaminated with methane.

The results from this monitoring effort may shed light on the broader debate about the natural gas industry’s potential impact on climate change and even potential regional impacts on public health.

“Area residents and the Council are concerned about the potential health impacts from ground-level ozone, which is created when large quantities of methane mix in the air with other pollutants. Methane is also 21 times more potent a greenhouse gas than carbon dioxide, and the natural gas industry is the largest human-made source of global emissions. This could have a very fast and powerful impact on warming our planet,” Clean Air Council Outreach Coordinator Matt Walker said.

The Gas Safety report stated that the methane levels found in residents’ water were high enough to pose asphyxiation hazards if the water was used for showering or other high water uses in close quarters. Residents reported experiencing symptoms associated with asphyxiation.

Sherry Vargson, a Granville Summit resident, said “It makes me anxious because I don’t believe most of us know how to handle air issues. It’s not like you can put a filter on the air you breathe outside. Considering it’s a hazard, we should be made aware of what precautions we should take. I’d love to hear an answer.”

The Council shared the sampling data with the north-central regional offices of PA DEP, as well as PA DEP Secretary Michael Krancer, the Environmental Protection Agency, Region 3, and the Agency for Toxic Substances and Disease Registry, Region 3.

Gas Safety used a portable instrument called a Cavity Ring-Down Spectrometry for sampling methane. The device generates a high quantity of highly reliable methane measurements on a continuous basis.
The Clean Air Council is a member- supported, non-profit environmental organization dedicated to protecting everyone's right to breathe clean air. The Council is headquartered in Philadelphia and works through public education, community advocacy, and government oversight to ensure enforcement of environmental laws. For more information, please visit

That is, the shale gas extractors tell us "The Sky is Pink"

The story I posted above happens virtually everywhere there is shale gas extraction.

The NWPOA / JLCNY lessors, supported by their Energy In Depth (Shepstones/Freds/TheNaturals/TheHicks), and their Marcellus Shale Coalition folks, and their ANGAS, CHESAPEAKES, HESSES, say no, the sky is not blue, it is pink! You, who oppose shale gas extraction, are outsiders, fear mongering, hypocrites, to point out that it is blue.

Unlike(?) we fossil fuel extracting energy companies (and supporters), you are rich, spoiled, white wine, quiche eating, anti-American commies, who want us to live in tents, freezing to death.

Meanwhile, the industry and lessors deny that there is methane migration from this extraction, or when impossible to deny, say it is minimal (you can't make an omelet without breaking a few eggs...), or, they say it is "naturally occuring", and has nothing to do with this shale gas extraction (no matter what the science).

Who has the money? Who controls the media? Who controls State Governments? Who controls the Supreme Court? Who controls the Federal Government? Environmental organizations, or...fossil fuel extraction companies?

Think of the tobacco industry and how long it perpetrated the biggest fraud ever. Besides the billions of people who died a miserable death from that product, what company executive, advertising agent, or government official ever went to prison for all the death, illness and destruction it caused?

Where is C. Everett Koop equivalent now that we need him?

The link to "The Sky is Pink"

Has changed. It can be viewed at:

Pink sky at night,

sailors delight, pink sky in morn, sailors forewarned. Haven't you ever seen a pink sky?
Anyone who believes anything from the proven liar J O Faux must be brain dead. Of course some use it because it fits in with their own long winded BS like ol' Barfman's, !

Useless drivel.

The risks of oil and gas drilling are well understood and can be mitigated. Drilling for oil and gas will always involve risks of spills and accidents, but those risks are manageable and worth taking because they are small given the amount of energy they produce. Drilling in shale formations only poses a small risk to those living nearby. It is neither life threatening nor long lasting and can be controlled in the event of an accident.

Thus spake a dead "founding father" (235 years later)?

The eloquence of the falsely named (absentee) Virginian (?) landowner of property in Delaware (?) County overwhelms me. James Barth = "Barfman"? Even Mr. Shepstone does a little better than that.

His pitiful writing speaks volumes on his intelligence, and temperment.

Then, a man who lies about his name, calls Mr. Fox, a liar? Based on what, "TruthLand"? Of course, he called Mr. Fox a liar well before that sill infomercial. Based on what, "Debunking Gasland"?

Readers should compare "Debunking Gasland", with Mr. Fox's response, "Affirming Gasland".

Then, watch "TruthLand", and then, "The Sky is Pink".

The "useless drivel" comes from Mr. "Whythe Frack does He Bother"?

Liars lie, Mr. whatever your name is. You, are the liar.

Isn't this great fun? I'm "Barfman", and you're "The liar".

If you would like to read a better exchange, see Josh Fox and Andy Rifkin, in the NYTIMES.

It's not surprising that

Ol' Barfy, Champion of bull, crusader against the evil windmills of natural gas, doesn't accept anything with the word 'truth' in it. His mentor, the hero of the stupid, JO Faux tells him what he wants to hear and he thrives from it. Far be it from him to accept the word of a woman who lives with the 'industry' at her doorstep, who doesn't buy the liar Fox's tales like Barfy does. But, since it has industry support it must be just another part of their evil plan to,... what? Supply Americans with abundant natural gas and cause energy independence? Or is it a plot to destroy our way of life for their perverted pleasure?
The horror,.. the horror

After his attempt to manipulate opinion through Gasland, Fox made it clear he could never be trusted to show relevant facts, only his biased views are seen in his offerings, which are not even worth watching nor is listening to anything he has to say.

A lie at its core.

The radically misnamed "TruthLand" lies at its very core. It presents itself as a self financed and self motivated road trip, taken by a landowner, to find out the "truth" about several safety issues that plague the shale gas drilling and frac'ing industry, but rather, it is simply a vehicle, written, produced, directed, and distributed by the industry,to present the several, demonstrably false, arguments that Energy In Depth, in its 3 year obsession with Mr. Fox's "Gasland", can not shake.

The industry can't shake those examples, and issues, because they are real. No amount of empty, phony, "debunking Gasland", or "TruthLands" can alter the reality of cement casing failure, nor migration of methane, caused by this shale gas extraction process.

As far as believing an amateur actor who "lives with the industry at her doorstep", she is much, much, more than that. She invited the industry on to her property, as a lessor, and by now, has a well pad with (how many?) wells, at least one of which has been accused of creating the very thing the film says can not happen: migration. I wonder how long before she, and the company that drilled on her property, gets sued by the surrounding, impacted families?

How can anyone believe this woman? She portrays herself, at the beginning of the film, basically, as someone ignorant of the extraction issues, when she had already leased, and had drilling on her property? The whole premise of the film is false.

Fox, on the other hand, when he presents Mr. Meeks, Mr. Benton, Mr. Markham, Wilma Subra, Theo Colborn, and others, is presenting them, and their stories. Pick your person to believe, Terry Engelder, or Wilma Subra. John Hanger, or Theo Colborn.

By the way, it was Hanger who wanted to build the water replacement pipeline, at a cost of many millions, to Dimock, suggesting it was the only "real" solution to the water contamination. Then, he made a backroom deal with the industry, and now is an industry spokesman. You can't make this stuff up (and he is one of the "authorities" in "TruthLand"?).

Who would I believe, Meeks, Markham and Benton, or a lessor paid money by the industry, who has always been happy about the prospect of shale gas drilling on her property, and who fakes a scenario that presents exactly the points that Energy in Depth wants to present?

The problem is, E.I.D's (Chesapeake's) film, presents irrelevent, to false, arguments on casing, and migration, safety, and regulation.

That is precisely why Fox's "The Sky is Pink", just happens to be so timely. What can the lessors say about Tony Ingraffea's quick presentation about the cement casing, and the industry's own figures that state somewhere between 6.2 and 7.2% of all new wells have casing failure, and that within 30 years, 50% will fail?

The radical B.S. put forth by the industry, and its apologist lessors, and paid geologists, doesn't jibe with the reality presented by the real humans who have already suffered the consequences of this shale gas disaster in the making. No amount of 1950's, tobacco industry style, propaganda, can compete with truth. It will continue to come out.

It is just too bad the industry has all the money, and has the U.S. economy, and politicians, by the short and curlies. Truth is not the industry's friend. Unfortunately, it doesn't seem to matter to many Americans.

Most Americans are not very good at seeing past their immediate needs, or thinking globally. Science has been predicting the coming climate change since at least 1990, yet, most people are happy to "fiddle while Rome burns", instead of tackling the difficult situation.

Shale gas extraction and use, tar sands oil, mountain top coal removal, are all supported by the same denialists who mock the concern over climate change. These calculating obstructionists do everything in their power to block what is needed, which is a massive, National, mobilization towards renewable energy. Instead, they push for the subsidization of extreme, burning, energy extraction, in hopes of establishing another 50 years of ponzi scheme growth, based on fossil fuels, during which the 1 percent continue to grow wildly wealthy, and a huge portion of the World's population suffers the consequences of this climate changed World.

That future is exceptionally shortsighted, and bleak, if anyone cares.