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Press release

July 15, 2010

Clearfield County (PA) District Attorney, William A. Shaw, Jr., announced that an investigation is ongoing to determine the circumstances surrounding the recording of fraudulent deeds filed at the Clearfield County Courthouse.

Shaw reported that “the investigation is focusing on irregularities that appear in several deeds claiming ownership of gas rights for nearly 2700 acres of property in the Morrisdale area, known as the Wigton Coal Reservation”.  Shaw stated that “the investigation began after the District Attorney’s Office received a complaint from a property owner seeking to enter a lease agreement with a gas company”.

Shaw said that “as a result of fraudulent deed recordings, land owners in the Morrisdale area seeking to enter lease agreements with gas companies may be required to file lawsuits to protect their legal interests.  Gas companies intending to drill wells are reluctant to enter lease agreements when ownership of the gas rights is clouded by fraudulent deed recordings”.

Shaw stated that, “the investigation has identified what appears to be fraudulently recorded deeds claiming ownership of gas rights.  The theft of gas rights may have an enormous economic impact on the true owners of the gas rights.  Land owners should not be required to spend thousands of dollars to file lawsuits to protect their ownership interests”.

Shaw is concerned that “many property owners may be making life altering decisions based upon inaccurate or false information”.  Shaw “encourages all landowners to exercise caution and seek the advice of legal counsel when entering into any type of agreement relating to gas rights”.

Shaw said that “any fraudulent recordings can impact land owners for many years if corrective action is not taken”. “Simply trying to buy or sell a house could become an issue if the fraudulent deeds are not identified and corrected”, Shaw said.

Shaw reported that the investigation has been referred to the Pennsylvania State Police, Woodland Barracks.  Shaw anticipates that criminal charges will be filed in the near future.

Shaw described the land identified by the investigation as generally surrounded by or touching the Deer Creek Road to the Allport Cutoff to the Morrisdale Allport Highway to the Deer Creek Road.

Anyone with knowledge or information about a crime is asked to call Clearfield County Crimestoppers at (800)-376-4700.



What happened to conservative values? It has been very disappointing to see our conservative values continue to dwindle under the pressure from large corporations.  In Texas our politicians talk conservative values right up to the point where they fail to follow them.  Two foundation pieces of conservatism, are property rights and the free market system.  In Texas, our “conservative” politicians have taken away both from the average Texan.  You are allowed to enjoy your property, as long a corporation or someone with more money doesn’t want it.  This used to be a state where you could move out in the rural areas, buy a piece of land, and live in peace.  Now if you move to the country to have some property, you are an immediate target for a corporation to take your land, or make it unlivable.

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The prime example of this is the oil and gas industry.  The State of Texas has taken away most of the rights that pertain to land ownership from the citizens and given it to these large corporations.  One glaring example is the natural gas pipeline midstream companies, which have been given the tremendous power of eminent domain.  These are private, for profit companies that have been awarded all the power of government to condemn property.  This not only takes away property rights, but it destroys the free market system that allows for a property owner to negotiate in good faith for the use of their property.  Instead the private property owners are immediately subjected to threats and intimidations.  Due to these companies being for profit, it is in their best interest to obtain the easement and install the pipeline as cheap as possible, and they use whatever tactic necessary to achieve this.  Therefore, private property owners are paid a fraction of the value of the land and not compensated for associated property damage.  This is not limited to the active drilling areas, due to pipelines being installed all over the state.

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Another example is what is known as forced pooling.  It has many names and variations, but again it is another method to transfer private property rights to large corporations.  This again takes away the requirement to negotiate in good faith from the private property owner for their mineral properties.  In Texas the minerals are the dominant property right, so the surface owners have little input on what happens to their property.  However, under forced pooling, the energy companies can even take your minerals without your consent.  This again takes away private property rights and undermines the free market system.  The private property owner also has no protection if something goes wrong in the process.  Therefore, these corporations can take your property without your consent, destroy it, and the only recourse is a lawsuit that may cost the private property owner tens of thousands of dollars.

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I have seen other “conservative” states like Pennsylvania following the Texas policy of destroying private property rights, and not allowing private citizens to enjoy their property investments.  I would urge the other states to not do it the “Texas Way”.  In Texas it is only worth owning property, if you are willing to concede that you have no right to enjoy that property.  So you must ask yourself if that is what you want for the citizens of your state.  Private property rights and free market system are the values that are important to the “Average Joe” trying to live the American Dream; let’s not continue to destroy this.

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Calvin Tillman
Mayor, DISH, TX
(940) 453-3640

“Those who say it can not be done, should get out of the way of those that are doing it”

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Dispatch from Dimock:

The activity has really picked up here and over toward Elk Lake. Truck
and tanker activity is steadily increasing. Water/whatever trucks
running all night long. A dump truck roared by while I was along the
road and it reeked of an oily smell-what was he hauling? Dirt roads
are being widened and built up. Watched Brown Tree employees cut giant
trees along a road that I considered one of the most beautiful walks
in Dimock. The well site at Rayias has a pit. Thought pits were out?
The Lathrop Compressor is just the beginning-it will be expanded as
more wells come on line. Pipeline paths everywhere. After some
optimism last few weeks I am sad to inform you-the destruction if in
full swing, it does not look like we will get any help here in
Susquehanna County. Heard a Cabot worker bought the bar a round at a
local bar, dropped $600.00 on the crowd. Business is good…

- Victoria Switzer

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Remember this?
New York State town supervisors & boards – do you want to be had by the short hairs?

Mt Pleasant supervisors had voted against MarkWest’s plans to expand their compressor stations.  Hickory’s been taking it on the chin from gas extraction, and the supervisors knew that more compressor stations were not in the community’s interests.

So Range Resources threatened lessors with the possibility that their royalties might be affected if the compressor stations couldn’t be built.  And the lessors fell for it and pressured the supervisors.  And the supervisors caved.

www.observer-reporter.com

Mt. Pleasant officials OK compressing station expansions

HICKORY _ Two gas compressing stations in Mt. Pleasant Township got the OK to expand after supervisors voted 3-0 tonight on an agreement with MarkWest Liberty Midstream.

Supervisors approved an agreement that will allow the company to expand its Stewart and Fulton stations up to five compressors each.

MarkWest had been turned down by the zoning hearing board in May when it applied to expand the stations. The company processes natural gas for Range Resources.

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Suggestions from residents that the township monitor the air for toxic emissions at the stations were not acted upon because officials said air monitoring is a matter handled by the state Department of Environmental Protection, not the township.

- Full story at Mt Pleasant Okays Compressors

credit: http://pafaces.wordpress.com/2010/04/23/an-a1-industrial-zone/

Another report:

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Mt. Pleasant OKs expansion plan for gas processor

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HICKORY – A gas-processing company got approval Wednesday to expand two of its compressing stations after an agreement was worked out with the Mt. Pleasant Township supervisors.
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Supervisors voted 3-0 to allow MarkWest Liberty Midstream to expand its Stewart and Fulton stations. The agreement sets a number of conditions on the company, including requiring it to control dust, place placards on company trucks and make sure the 911 center has current addresses for emergency response.
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In response to residents’ suggestions that the township also undertake air monitoring at the stations, officials said that is a matter handled by the state Department of Environmental Protection. In May, the township zoning hearing board turned down a request from the company to expand the stations. Betsy McKnight, solicitor for the zoning board, said the township was able to intervene in the matter as an interested party.
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Following Wednesday’s supervisors meeting, the zoning hearing board met to approve the agreement. Its chairman, Barry Johnston, called it “the only reasonable path” the township could take under the circumstances.
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Supervisor Larry Grimm said the agreement was best for the township because it enabled it to place conditions on the company’s operations. Had the matter gone to court, the township could have lost that ability, he said.
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MarkWest plans to expand the stations on Washington and Caldwell avenues to five compressing engines each. The company processes natural gas for Range Resources.
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Resident Joanne Wagner said the DEP is monitoring air at four points around the county, including at the Stewart station. She said a report on the air quality will be available in August and asked that any decision wait until then.
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Brian Simmons, an attorney for MarkWest, said if the DEP should find something wrong at the station, it would require the company to fix it. Christopher Rimkus, associate counsel with MarkWest Energy Partners, agreed and noted the DEP makes random, unannounced visits to the stations.
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But Stephanie Hallowich, who lives near the MarkWest Stewart station as well as one operated by Laurel Mountain Midstream, said with the expansion she soon will live near eight compressors. She said while DEP does not allow an eight-compressor station, she may soon have that with two separate companies operating nearby. Hallowich also wants to have some type of alarm sound at the stations to notify neighbors in the event of an accident or emission at night. “It’s a huge concern to me,” she said.
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Solicitor William Johnson said supervisors would not attempt to change the agreement at the last minute. “There have been weeks and weeks of negotiations leading up to this proposed agreement,” he said.
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After the meeting, Grimm said he believed the agreement was the best way to protect residents, even though some would argue it wasn’t stringent enough and others would say it was too strict.

-Story published by the Observer-Reporter

The new 30 pieces of silver: MarkWest will pay the township $50,000 within 20 days and another $25,000 within a year to put its compressors in what is still zoned as an agricultural industrial zone.

Yes, $75,000 to the town buys the residents’ loss of property values, health and quality of life. And we all thought some things were priceless.

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Independent Weekender story, 6/9/2010:

Dimock looking at frack facility

Dimock Township Supervisors discussed plans for a hydraulic fracturing solution facility which will prepare hydrofracking solution for the gas well industry as well as storage for produced water awaiting shipping and/or treatment.

Somerset Regional Water Resources has submitted plans to the state Department of Environmental Resources and hopes to obtain the necessary permits for waste transfer and storage. The supervisors noted concerns with possible tank registration requirements.

The property, which is owned by Joseph and Nicole Vibbard, will include a large residual waste storage facility, as well as a structure designed for the storage and mixing of gas industry “products” with water before being taken to gas well sites. The property was formerly a veal farm.

Township secretary Paul Jennings said there is a 30-day time line if residents wish to submit comments to DEP about whether to issue the permits.

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Switzer said that there are seven driveways in a row, including hers, on the left side of SR 3023, and that with the speed of traffic on that state road passing through Dimock, “It’s there but for the grace of God we haven’t been killed” pulling out of their driveways onto the paved road.

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Norma Fiorentino asked if the supervisors knew what was in the water that Cabot Gas and Oil has been applying to the dirt roads in Dimock.

Resident Catherine Probasco said that the water she has seen being applied to Baker Road last summer was oily and foamy. The supervisors said that the calcium for dust control approved at last month’s meeting has been purchased and applied.

Ellis said that Cabot should supply the supervisors with a letter specifying in writing what is in the water they are applying to township roads. “The supervisors should make Cabot give them a report of what they are putting on the road, instead of always praising them.”

Sautner said that he was wondering, “now that the gas wells are here, are we considered residential still, or commercial, or industrial?”

Paul Jennings answered, “That’s up to the assessment office.”

Sautner replied, “Our water is ruined, our property value has dropped down to nothing, but my taxes went up. We are still paying high taxes like anyone else with clean water.”

Lettie Ellis said, “Why not invite the assessment committee to come here to address this?”

Switzer said that there needs to be someone looking out for safety. “A pipeline in Texas exploded today, and there was a blowout at a gas well site in Clearfield,” she said. “Luckily, not in a school yard. Not two hundred feet from a home, like the Carters.”

She noted that there have been 50 incidents of gas migration into water in Pennsylvania. Several residents agreed that if an incident of any kind arose on Hunsinger Road, a disaster would be likely, due to the conditions of that dirt road.
For complete story, click here

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From Clearville Times, who blogs at http://clearville.wordpress.com/

Clearville, PA  like DISH, Texas: “pretty much in the middle of nowhere, which from the gas storage owner’s point of view, made it the perfect place”

Clearville had five production wells drilled by PGE gas drilling company,  which produced about two years in  the Oriskany formation.    Wells suddenly stopped production on the same day and were sold to a gas storage company from somewhere in Texas, known as  Spectra Energy or maybe known as a “Spin off of Duke Energy?” from a gas storage operator’s  point of view,  Clearville, PA made it the perfect place”  known as the  ” Steckman Ridge Gas  Storage Project.”

In Pennsylvania, gas is stored in the Oriskany formation, the source rock for the Oriskany is the Marcellus Shale.

In the middle of nowhere, there seems to be a trend for gas storage fields in the Oriskany formation located  near the Marcellus Shale.   There is a  gas storage field located a few miles down the road from the Steckman Ridge’s  underground gas storage field known as the Columbia Gas Storage field, in Artemas, PA.    Columbia gas storage field is also located in the middle of nowhere but has been the perfect place since the early 1940′s .  Columbia gas has been storing gas in the  Oriskany formation where the Marcellus Shale is the source rock.

There is a big difference,   between then and now’s,  when it comes to gas storage project acquisitions, at least up until 2005.    Columbia Gas Storage got off to an easier start  in the 1940′s.   At that period in time, most all gas production leases gave away gas storage rights  in gas production leases.

Landowners over the years with the advent of the internet, became more savvy and placed no gas storage clauses in their gas production leases.   Soon these gas leases became known as obstacles in the market place which needed a  removal tool.     Someone,  somewhere,  came up  with the perfect legal tool to remove these obstacles in the market place for gas storage projects.

Mr. Bush and Mr. Cheney used legal legislative laws as the best use obstacle removal tool  in EPACT of 2005. At that time,    Mr. Bush and Mr. Cheney likely knew  a little about the gas market,  heard about obstacles in the market place, and knew a solution was needed for the problem.     Minds of genius noted for acquisitions developed and signed a law which classified depleted gas wells which can be taken legally for underground gas storage projects because they are now considered public utilities.    This  law is broad and can take land which has no gas leases.  This law will take any land and  give it to a private company for profit once they eye your land as the perfect place for a federally backed underground gas storage field.

Clearville, PA was eyed as the perfect place.   Landowners watched Halliburton and Schlumberger legally use exempted fracking chemicals from the SDWA.  They watched as horizontal gas storage wells were drilled into the Oriskany sandstone formation. This was a federally backed gas storage project with all the amenities.

Remember:  “There is no way to save your land from the laws of a federally backed gas storage project.  If someone, somewhere, spots your land  as the perfect place,  you can kiss it goodbye.”

Clearville, PA;  the Oriskany formation;  the Marcellus Shale is  the Oriskany source rock;   in the middle of nowhere;   all goes somewhere; from a gas storage operator’s  point of view;  Clearville was another perfect place.

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DISH, TX — Shortly after a natural gas well was fractured using the controversial technique of hydraulic fracturing, a private water well within a thousand feet of the natural gas well site began showing sedimentation.  DISH resident Amber Smith says shortly after the well was fractured a fine sand like sediment was present in the water from their private water well. The Smith family installed a water filtration system shortly after the sediment became present and continued using the water.  However, after a year the sedimentation reached the point that it clogged the entire plumbing system, and the water well is now unusable.

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The Smith family removed the tank from the water well and removed over ten pounds of the sand like substance.  After dismantling and cleaning the well system, the Smith family reassembled the well only to have it completely obstructed after only 30 minutes of operation.  Devon Energy who is the operator of the gas well has refused to take responsibility for the failure.  The Railroad Commission of Texas responded and took samples of the tainted water for limited analyzing.  The town of DISH also had independent testing accomplished to determine the content of the sand like substance.   The water well owned by the Smith family shows levels of arsenic at 7.5 times the acceptable level for drinking water.  The water also contained lead at levels that were 21 times above the acceptable levels, and chromium at more that double the allowable limits.  Independent testing shows elevated levels of butanone, acetone, carbon disulfide, strontium, as well as heavy metals, all above safe drinking water standards.  The town is awaiting additional test results.

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DISH is located in the epicenter of the Barnett Shale gas play and is home to a megacomplex of compressor stations, as well as pipelines, metering stations, gathering lines and gas wells.  The town of DISH spent nearly 15% of its annual budget on a comprehensive air study after months of complaints to the state regulatory agencies and the operators of the compressor sites, gave the citizens no relief.   DISH mayor Calvin Tillman says that “we are finally getting our air cleaned up, and now our water is showing signs of pollution,  we take two steps forward and three steps back”.  These results clearly show a correlation between the natural gas drilling process and water contamination, and this industry should no longer make claims that they have never contaminated a water source.   DISH resident Amber Smith is extremely concerned that her young children has been drinking this water.    Attached is a photo of the contaminated water.

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Delaware County officials in particular:  it’s clear you think that having NYC telling us what to do is bad.  And so it is.  But tragically, if you facilitate or allow gas drilling to take place here, you – and your constituents – will have get used to much worse:
From a homeowner in Mt Pleasant Township, Pennsylvania -
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I wanted to pass along an update of what has been happening in Mt. Pleasant Township.  I find this whole thing very disturbing and unethical!  Several weeks ago our township zoning hearing board denied a variance and special exception to our zoning ordinances for MarkWest and Range Resources.  MarkWest was for the expansion of the compressor next to our home and another station in our township.  Range  Resources was for hosting the “man camps” at the drill sites.  
http://www.observer-reporter.com/OR/Story/05-13-2010-mt–pleasant-bunk-houses (MarkWest processes the gas that Range Resources pulls out of the ground).
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The man camps are set up when the driller starts the horizontal drilling.  They drill around the clock and claim that they need men there the entire time.  Some work 14 hour shifts.  Mobile trailers are placed on the drill pad to house the workers.  They contain sleeping quarters, eating areas and shower houses.  They have housed locally anywhere from 25 to 70+ men at one time.  During our public hearing an employee of Range Resources admitted that they leave background checks up to their sub-contractor, Patterson Drilling.  They only do back ground checks in the last state the man worked in.  This is NOT a federal background check.  Therefore, sex offenders can be living at these sites and we would never know.  They are going to be drilling ten wells across the street from our school and another ten beside the school.  We are VERY concerned about the safety of the children.  There are no fences around these camps.  In addition, the drilling company was hesitant in supplying documentation on the disposal of human waste from the site.  Like they aren’t dumping enough in our creeks…
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This was a huge statement in the State.  However, the industry retaliated. These two companies, along with their sub-contractors, boycotted all of our local businesses. Which in turn had business owners pressuring the township supervisors to reverse the decision.
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Then Range Resources sent letters to land owners who have leases.  The letters stated that since MarkWest couldn’t expand the compressor station, Range couldn’t drill for gas.  Therefore, this was causing a delay in them receiving their royalties.  Once again, more phone calls to the township supervisors. 
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It now sounds like within days the twp. supervisors will over turn this decision and allow MarkWest to expand their compressor stations.
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As if our community was not already divided enough, now the industry put in a bigger wedge.  “Divide and Conquer”.  I know this has happened in other parts of the country.  I find this a pitiful attempt to punish communities that tried to stand up to them.  This will further intimidate other rural communities.
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Not that I expect you to aid in this in anyway, but I just wanted you to understand what were are dealing with here.  This just adds to the nightmare we deal with!
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Steph Hallowich
Hickory, PA
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Below:  Range Resources’ letter to lessors, threatening them with loss of their royalties if they don’t pressure their township supervisors to give Range Resources what it wants.

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Slick Operator: The BP I’ve Known Too Well

Wednesday 05 May 2010

photo

I’ve seen this movie before. In 1989, I was a fraud investigator hired to dig into the cause of the Exxon Valdez disaster. Despite Exxon’s name on that boat, I found the party most to blame for the destruction was … British Petroleum (BP).

That’s important to know, because the way BP caused devastation in Alaska is exactly the way BP is now sliming the entire Gulf Coast.

Tankers run aground, wells blow out, pipes burst. It shouldn’t happen, but it does. And when it does, the name of the game is containment. Both in Alaska, when the Exxon Valdez grounded, and in the Gulf last week, when the Deepwater Horizon platform blew, it was British Petroleum that was charged with carrying out the Oil Spill Response Plans (OSRP), which the company itself drafted and filed with the government.

What’s so insane, when I look over that sickening slick moving toward the Delta, is that containing spilled oil is really quite simple and easy. And from my investigation, BP has figured out a very low-cost way to prepare for this task: BP lies. BP prevaricates, BP fabricates and BP obfuscates.

That’s because responding to a spill may be easy and simple, but not at all cheap. And BP is cheap. Deadly cheap.

To contain a spill, the main thing you need is a lot of rubber, long skirts of it called a “boom.” Quickly surround a spill, leak or burst, then pump it out into skimmers, or disperse it, sink it or burn it. Simple.

But there’s one thing about the rubber skirts: you’ve got to have lots of them at the ready, with crews on standby in helicopters and on containment barges ready to roll. They have to be in place round the clock, all the time, just like a fire department, even when all is operating A-O.K. Because rapid response is the key. In Alaska, that was BP’s job, as principal owner of the pipeline consortium Alyeska. It is, as well, BP’s job in the Gulf, as principal lessee of the deepwater oil concession.

Before the Exxon Valdez grounding, BP’s Alyeska group claimed it had these full-time, oil spill response crews. Alyeska had hired Alaskan natives, trained them to drop from helicopters into the freezing water and set booms in case of emergency. Alyeska also certified in writing that a containment barge with equipment was within five hours sailing of any point in the Prince William Sound. Alyeska also told the state and federal government it had plenty of boom and equipment cached on Bligh Island.

But it was all a lie. On that March night in 1989 when the Exxon Valdez hit Bligh Reef in the Prince William Sound, the BP group had, in fact, not a lick of boom there. And Alyeska had fired the natives who had manned the full-time response teams, replacing them with phantom crews, lists of untrained employees with no idea how to control a spill. And that containment barge at the ready was, in fact, laid up in a drydock in Cordova, locked under ice, 12 hours away.

As a result, the oil from the Exxon Valdez, which could have and should have been contained around the ship, spread out in a sludge tide that wrecked 1,200 miles of shoreline.

And here we go again. Valdez goes Cajun.

BP’s CEO Tony Hayward reportedly asked, “What the hell did we do to deserve this?”

It’s what you didn’t do, Mr. Hayward. Where was BP’s containment barge and response crew? Why was the containment boom laid so damn late, too late and too little? Why is it that the US Navy is hauling in 12 miles of rubber boom and fielding seven skimmers, instead of BP?

Last year, CEO Hayward boasted that, despite increased oil production in exotic deep waters, he had cut BP’s costs by an extra one billion dollars a year. Now we know how he did it.

As chance would have it, I was meeting last week with Louisiana lawyer Daniel Becnel Jr. when word came in of the platform explosion. Daniel represents oil workers on those platforms; now, he’ll represent their bereaved families. The Coast Guard called him. They had found the emergency evacuation capsule floating in the sea and were afraid to open it and disturb the cooked bodies.

I wonder if BP painted the capsule green, like they paint their gas stations.

Becnel, yesterday by phone from his office from the town of Reserve, Louisiana, said the spill response crews were told they weren’t needed because the company had already sealed the well. Like everything else from BP mouthpieces, it was a lie.

In the end, this is bigger than BP and its policy of cheaping out and skiving the rules. This is about the anti-regulatory mania, which has infected the American body politic. While the tea baggers are simply its extreme expression, US politicians of all stripes love to attack “the little bureaucrat with the fat rule book.” It began with Ronald Reagan and was promoted, most vociferously, by Bill Clinton and the head of Clinton’s deregulation committee, one Al Gore.

Americans want government off our backs … that is, until a folding crib crushes the skull of our baby, Toyota accelerators speed us to our death, banks blow our savings on gambling sprees and crude oil smothers the Mississippi.

Then, suddenly, it’s, “Where was hell was the government? Why didn’t the government do something to stop it?”

The answer is because government took you at your word they should get out of the way of business, that business could be trusted to police itself. It was only last month that BP, lobbying for new deepwater drilling, testified to Congress that additional equipment and inspection wasn’t needed.

You should meet some of these little bureaucrats with the fat rule books. Like Dan Lawn, the inspector from the Alaska Department of Environmental Conservation, who warned and warned and warned, before the Exxon Valdez grounding, that BP and Alyeska were courting disaster in their arrogant disregard of the rule book. In 2006, I printed his latest warnings about BP’s culture of negligence. When the choice is between Lawn’s rule book and a bag of tea, Lawn’s my man.

This just in: Becnel tells me that one of the platform workers has informed him that the BP well was apparently deeper than the 18,000 feet depth reported. BP failed to communicate that additional depth to Halliburton crews, who, therefore, poured in too small a cement cap for the additional pressure caused by the extra depth. So, it blew.

Why didn’t Halliburton check? “Gross negligence on everyone’s part,” said Becnel. Negligence driven by penny-pinching, bottom-line squeezing. BP says its worker is lying. Someone’s lying here, man on the platform or the company that has practiced prevarication from Alaska to Louisiana.

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by: Greg Palast, t r u t h o u t | News Analysis

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DivideCreek.com

Journey of the Forsaken

http://un-naturalgas.org/weblog/2009/09/encana-cuts-off-replacement-water-to-homeowners-with-severely-contaminated-water/

http://frackmountain.wordpress.com/2010/04/30/nocana/

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P.S.  EnCana = EnergyCanada

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Firsthand experiences with Marcellus drilling

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The industry is apparently taking the same tack with NYS “marks” as they did here [in Texas].

The need for pipelines and the total inability of municipalities to use police powers to control ROW selection for these ticking time bombs is an omission of material fact in mineral leases (producers 88) that makes this contract fraudulent in the inducement.

Drillers know that if they described their complete plans for production to potential lessors and municipal governments there would be nobody who would sign a lease.  Their con game involves appealing to greed to get the wells in the ground while saying as little as possible about any facts that would raise concerns. Then once they have spent millions of dollars on the well drilling (with the cooperation of the marks and the government) they will be in a position to threaten a lawsuit if there are any objections later to the infrastructure needs they unveil as it becomes necessary to do so. At that point they play blame-the-victim and ridicule any naysayers as being stupid for not realizing that pipelines, gas processing plants, and compression stations were going to be required. They will say “Buyer beware!”, and “You failed in your obligation to do due diligence before signing.”

But the fact is that the contracts are fraudulent by omission of material fact. I know of no case law where this issue has been tried, but I’m not a lawyer, either.

Jerry Lobdill
Fort Worth, TX

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From the News-Herald, Northern Ohio:

“They come to your door with a deal hard to pass up, but it’s not all bells and whistles, says Peter Dautartas of Chester Township.

Dautartas, who recently signed a lease to have an oil well drilled in his yard, was one of several township residents who spoke out against oil and gas drilling in their neighborhoods Monday night at West Geauga High School.

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“‘They promise you the world. They promised us so many things and when the well was in, all of a sudden they forgot their end of the deal, which I think is a breech of contract,’ Dautartas said to the table of representatives.”

______________________________

Dick. The first thing we do, let’s kill all the lawyers.

Cade. Nay, that I mean to do. Is not this a lamentable thing, that of the skin of an innocent lamb should be made parchment? that parchment being scribbled o’er, should undo a man? Some say the bee stings: but I say, ’tis the bee’s wax, for I did but seal once to a thing, and I was never mine own man since.

— Henry the Sixth, Part 2, Act IV, Scene II
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D O N’ T   S I G N

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BusinessWeek reports:

Exxon’s Oozing Texas Oil Pits Haunt Residents as XTO Deal Nears

April 16, 2010, 12:16 AM EDT

By Joe Carroll

April 16 (Bloomberg) — Bo Vavrusa was heaping dirt into the path of a wildfire on a Texas ranch in October 2007 when his tractor rammed an Exxon Mobil Corp. natural-gas pipe hidden in a thicket. Flames engulfed the tractor, burning his face, arms and hands as he fled.

“I thought I was fixing to die,” said Vavrusa, 28, who was earning $10 an hour to groom the ranch for quail and dove hunters.

Exxon, the biggest U.S. oil producer, has neglected this stretch of Texas since its oil fields began drying up in the 1970s, said Jerry Patterson, the state’s General Land Office Commissioner. Now Patterson and other state officials are urging Texas lawmakers to follow the examples of California and Pennsylvania in cracking down on oilfield practices that have left leaking pipelines, wells and storage tanks.

Oozing chemical pits and Vavrusa’s scarred skin are emblematic of a legacy Exxon has sought to keep buried in court, even as it gears up for a return to active exploration within miles of the ranch through its pending $29.3 billion acquisition of Fort Worth, Texas-based XTO Energy Inc.

. . . . .

“I think the whole future of oil and gas in this country depends on the companies having to pick up the last mess,” said Elizabeth Burns, 43, who lives with her family on the Encinitos Ranch where Vavrusa was injured. “Places like Pennsylvania and New York need strong laws or this is what they’re going to get.”

Depression-Era Leases

Relatives of Burns and her husband, Stephen, own the ranch and much of the Kelsey oilfield beneath it. They’ve filed a lawsuit against Exxon and Chevron Corp., which pumps oil and gas on a smaller section of the spread. The suit accuses the companies of damaging tens of thousands of acres and failing to abide by 1930s-era leases they say require operators to keep equipment clear of vegetation.

. . . . .

“We are a responsible operator and refute any accusations that suggest otherwise,” said David Eglinton, an Exxon spokesman. “We currently have crews working to remove unneeded facilities and, where appropriate, remediate affected areas to applicable regulatory standards.”

Chevron, the largest U.S. oil company after Exxon, “denies these unsubstantiated allegations and intends to defend itself in the litigation,” said Mickey Driver, a spokesman for the San Ramon, California-based company.

- read complete story at BusinessWeek.com

Here are some pictures of “responsible operating” – Exxon-style:

Overgrown valves on pipelines

Excavation of area with leaking condensates

America's 'energy independence,' leaking away. That's what happens when an oil & gas company decides it has better things to do than maintain its field infrastructure

This isn't from properly maintained infrastructure

Leaking, toxic condensates, up close

It’s perplexing that a company that “currently has crews working to remove unneeded facilities and where appropriate, remediate affected areas to applicable regulatory standards” can’t find those rusty, overgrown pipes and valves, even though Elizabeth Burns manages to find them all the time.   And where is it ever not “appropriate” to “remediate affected areas”?  And just who decides which regulatory standards are “applicable“?

Elizabeth Burns has been trying for some time to get the oil & gas companies who leased her family’s ranch to clean up their act.  After all, she lives there with her kids, and there are many other people on the ranch whose wellbeing is at risk, like Bo Vavrusa, mentioned at the beginning of the Business Week article.  And you might think it would be in the companies’ best interests to run a tidy operation.  Their response has been to harass, silence, and sue her.

You can follow Elizabeth’s posts from this blog – see RSS feeds to the right, for Rancho Los Malulos and The Polyline Lawsuit.

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When gas drillers say they want to be good neighbors, why would you believe them?

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