Posts Tagged ‘Commission’

Landowners, communities challenge Delaware River Basin Commission to explain rationale, authority behind denying opportunity of the Marcellus to Northeast PA

Translated literally from French it means “superior force,” but translated practically into American law, the term force majeure is a clause used by parties that encounter a situation so severe that it’s actually designated as an “Act of God” by the courts. Floods, famines, earthquakes, volcanoes – these are the kinds of events that trigger the rare invocation of the clause, allowing all parties involved in a contract to shield themselves of obligation in light of the extraordinary and unforeseen events that transpired after it was signed.

Actually, there’s one other event that has historically fallen under the rubric of force majeure: acts of war. Unfortunately, in the case of the West Trenton, N.J.-based Delaware River Basin Commission (DRBC), that’s precisely the action that was taken against landowners in eastern Pennsylvania last month, with the Commission instituting a de-facto, back-door moratorium on all activities within its sprawling jurisdiction even tangentially related to the development of clean-burning natural gas from the Marcellus Shale.

The upshot? This description comes from the June 30 edition of the Philadelphia Inquirer:

Of course, with potentially thousands of jobs at stake in the area – and millions of dollars in much-needed payments to landowners and state and local governments – folks who actually live and work in the Northeast PA counties affected by the DRBC promulgation aren’t exactly taking the decision lying down.

Case in point: Later today, the DRBC will hold a regularly scheduled hearing on a whole slate of issues related to regional water use and management, including a draft water withdrawal request from an energy operator in the area. Among the folks expected to attend? A busload of landowners from the Northern Wayne Property Owners Association (NWPOA), and from the information we’ve been able to glean from its website, the group is expecting a significant showing among residents in the area concerned by the implications of DRBC’s historic overreach on natural gas. To wit:

Back in June, the Marcellus Shale Coalition released an issue alert on the DRBC moratorium decision, wondering aloud if the modern-day DRBC would have let George Washington cross the Delaware without first initiating a years-long review procedure aimed at stalling the process and ultimately executing a pocket-veto of the entire enterprise. Needless to say, the denial of energy and mineral rights to landowners across the border in Pennsylvania wasn’t exactly what the creators of DRBC had in mind 50 years ago when the commission was created.

Earlier this week, the MSC expanded on its previously stated objections to the DRBC moratorium in a letter sent to Commission director Carol Collier. You see, in extending its initial ban to include a moratorium on doing even the most basic things to test the future viability of natural gas wells in the affected counties, the Commission cited “the risk to water resources” as the reason for pulling the plug on exploratory work in the area. But as MSC president and executive director Kathryn Klaber makes plain in her letter to DRBC this week, no water would be put at risk under such an approach – and very little of it will need to be withdrawn from surface areas under DRBC jurisdiction:

Of course, if DRBC’s review and approval of permits in this context is considered appropriate, then “it likewise would be appropriate for the development of a multitude of projects over which the Commission, appropriately, has not sought to assert jurisdiction, such as malls, hotels, restaurants, and residential subdivisions,” according to the letter from MSC.

So why is natural gas so different? That question, unfortunately, is not one that DRBC has answered with any degree of specificity just yet –content instead to simply assert its primacy over the matter and issue sweeping, multi-state declarations with significant implications for the clean-energy future of Pennsylvania and the economic security of those who live here. Hopefully, with the help of groups like NWPOA, the Commission will soon find itself in a position to better understand that the actions it makes from West Trenton, N.J. have real-world consequences for residents in the Commonwealth.

Copyright: Marcelluscoalition.org

By CAMILLE FIOTI Times Leader Correspondent

LEHMAN TWP. – Several residents worried about the effects of natural gas drilling attended Monday’s board of supervisors meeting hoping to have their concerns addressed.

In January, a hearing was held to vote on a conditional use application to allow EnCana Gas & Oil Co., which is partnering with Whitmar Exploration Co., to drill a vertical well off Peaceful Valley Road.

At that hearing, the zoning board decided to postpone the vote until Monday’s meeting. Board Chairman Dave Sutton told the residents who attended Monday’s meeting that a vote would again be postponed until the state Ethics Commission has made its ruling, and added the board could not address questions regarding the issue.

The Ethics Commission is checking into a potential conflict of interest involving two of the township’s supervisors. The commission ruling is needed to determine whether they can vote.

EnCana gave the board an extension to vote on the matter by May 1.

Once the Ethics Commission makes its ruling, Sutton said, a special meeting would be held in April to vote on the application and to conduct the Board of Supervisors regular meeting. The date and time will be advertised.

In other business, township engineer Ryan Doughton said the Federal Emergency Management Agency (FEMA) is in the process of redoing the county’s flood maps and is converting them from paper to digital format. He said properties that were once considered in the flood plain might not be and vice versa once the maps are completed.

The board also voted to approve the request for a temporary permit to the Wyoming Valley Striders for a foot race on March 31. The race will begin at 10 a.m. at Penn State Wilkes-Barre.

Copyright: Times Leader