CLEAR November 2010

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!!!!!.......Foom..........!!!!
by Duane330＠aol.com 30 Nov '10

30 Nov '10

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WVDEP "rough and raw" legislative drilling proposal
by Duane330＠aol.com 15 Nov '10

15 Nov '10

WVDEP’s ‘rough and raw’ drilling legislation November 15, 2010 by Ken Ward Jr. [The Charleston Gazette] The Department of Environmental Protection wants natural gas companies to submit comprehensive water management plans, including lists of chemicals to be used, when applying for future permits to drill horizontal wells in the Marcellus shale field. A 100-page draft of proposed legislation provided to The Associated Press late Friday shows the DEP wants companies to identify not only when, where and how much water they withdraw for drilling operations. The department also wants to know what chemicals companies use in hydraulic fracturing, how much wastewater they produce, and when and where they would dispose of the waste. See the following web-site: _http://blogs.wvgazette.com/watchdog/2010/11/15/wvdeps-rough-and-raw-drillin g-legislation/_ (http://blogs.wvgazette.com/watchdog/2010/11/15/wvdeps-rough-and-raw-drillin…)

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<Eckerlin brothers> Dunkard roots on the Monongahela
by Duane330＠aol.com 15 Nov '10

15 Nov '10

Subject: <Eckerlin brothers> Dunkard roots on the Monongahela Samuel, Israel, Gabriel and Emmanuel Eckerlin came to America with their Mother from the Alsase region between France and Germany. They settled in Germantown, north of Philadelphia then removed to the Ephrata Cloister in Lancaster County of Pennsylvania. They were far too progressive for the Headmaster Conrad Bissell, who expelled them. Except for Emmanuel, they moved first to the New River valley in Virginia, then to the mouth of what is now Dunkard Creek (named for them) on the Monongahela River, and subsequently (due to threats of Indian attack) to a fertile bottom just above Kingwood (now in Preston County) in the Cheat River valley. Camp Dawson is on this land today. George Washington took Samuel back to Williamsburg in Virginia to negotiate whether the Eckerlins could remain west of the Alleghenies, and in the meantime the Quebec Indians captured Israel and Gabriel, taking them to Quebec in Canada from which location the French took them back to France, where they died in Jail. They were victims of the conflicts known as the French and Indian War. Since they spoke German, they were always under suspicion by the English, by the French, and by the Indians. >>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>> >From about 1748 to 1756, the Eckerlins travelled with groups of followers who did farming; and the Eckerlins travelled with pack horses so as to make annual trips back to Philadelphia to deliver animal furs. Samuel Eckerlin was an accomplished medical man whose service were sought by pioneers and friendly Indians. Israel Eckerlin was an accomplished religious philosopher whose writings were burned by Conrad Bissel at the Cloister. Gabriel Eckerlin was an accomplished hunter who frequently sought out bear and buffalo in the Alleghenies. . The Eckerlins acquired extensive land holdings at various locations, at the Ephrata Cloister and in the Allegheny mountains. Subsequently, Samuel Eckerlin settled in the Shenandoah valley, as is described below. >>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>> The Shenandoah valley became a crossroads for immigrant trails. Though the settlers were mostly farmers, most were still highly-specialized tradesmen that consisted of millers, carpenters, blacksmiths, coopers, and linen weavers. The most important of these trades was Funk's Mill, already in existence as early as 1743. Two of the earliest settlers, Ezekiel Sangmeister and Anthony Hollenthal, were members of the Sabbatarian Brotherhood called Dunkers. We are very indebted to these two as they kept very descriptive journals which told of their daily life and struggles. Sangmeister's carpentry work was highly respected and his skills were in great demand. With Samuel Eckerlin's arrival, the area became a trading center, and the first apothecary was opened. Using herbs and treatments learned from Indians, he soon built a reputation as a resident doctor and settlers came as far as 20-40 miles for treatment. In 1762, Eckerlin was joined by George Keller, a Dunkard Doctor from Ephrata. Others soon followed with the arrival of Martin Kroll in 1756 and Valentin Bruckmann in 1761. [Exerpted from the Hildebrand family geneology references]. See Also: _http://www.cob-net.org/cloister.htm_ (http://www.cob-net.org/cloister.htm)

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Rare mussels in northern WV
by Duane330＠aol.com 07 Nov '10

07 Nov '10

Rare W.Va. mussels may get species protection By _Staff reports_ (mailto:) , The Charleston Gazette, November 2, 2010 CHARLESTON, W.Va. -- The U.S. Fish and Wildlife Service has proposed Endangered Species Act protection for two rare freshwater mussel species known to exist in streams in West Virginia and several other eastern states. The rayed bean mussel is known to exist in only six states and one Canadian province, while populations of the snuffbox mussel are found in 14 states and one province. Rayed bean mussels were believed to have disappeared from West Virginia during the 1990s, but 600 of the rare shellfish were reintroduced in the Elk River in 2006 and 2007. Populations of the snuffbox mussel have been found in the Elk River, North Fork of Hughes River near North Bend State Park, Middle Island Creek near Wheeling and in Dunkard Creek in Monongalia County prior to last September's massive fish kill in that stream. The snuffbox is a thick-shelled, triangular shaped mussel with a yellowish shell with dark green rays. The snuffbox is about 2 inches long when mature, while the rayed bean is about 1.5 inches long and has a greenish shell with heavy, wavy rays. According to the Fish and Wildlife Service, nearly 70 percent of all U.S. freshwater mussel species are already extinct or vulnerable to extinction. Six mussel species known to live in West Virginia have already received Endangered Species Act protection. According to the Fish and Wildlife Service, the rayed bean mussel have been eliminated from 75 percent of its historical range, while the snuffbox has experienced a 65 percent drop in the number of streams in which it lives. Dam and lock chamber construction, sand and gravel mining and pollution are among causes attributed to the mussels' decline. A public hearing will be held on whether or not to grant Endangered Species Act protection to the two mussel species prior to any final decision by the U.S. Fish and Wildlife Service

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<YES!> freedom from fracking
by Duane330＠aol.com 02 Nov '10

02 Nov '10

Penna. Township Declares Freedom from Fracking Photo by Helen Slottje. RE: Licking Township, Clarion County, Pennsylvania. In Pennsylvania—a central target for natural gas drilling and the controversial drilling practice known as horizontal hydraulic fracturing, or “ fracking”—local communities don’t have the legal authority to keep unwanted drilling from happening. As fracking’s impacts on water safety make headlines and public resistance to drilling grows, some towns have tried to use land use zoning to keep drilling companies out—but they can’t use zoning laws to stop an activity the state has declared legal. (At best, they can zone where the corporations site their drill pads. But since drilling is not vertical but horizontal, there’s no way to contain its impact on a community’s water and environment.) Taking local control One small community in western Pennsylvania wanted more say over what happens within its borders. Licking Township, population 500, chose to defy state law with its own local ordinance, banning corporations from dumping fracking wastewater within its borders. Licking sits atop the Marcellus Shale, a geological formation that contains large and mostly untapped natural gas reserves. On Oct. 12, 2010, the Licking Township Board of Supervisors voted unanimously to ban corporations from dumping fracking wastewater within the township. “When it comes to land use issues and the preservation of important resources, the local community is best suited to set priorities as they feel impacts most acutely,” said Mik Robertson, chairman of the Licking Township Supervisors. Pennsylvania’s preferential laws for drilling companies are not unique. For years, the drilling industry has worked closely with government to pave the way for widespread drilling, eliminating regulatory barriers that may stand in its way. The so-called “Halliburton Loophole” was inserted into the federal Safe Drinking Water Act to exempt companies drilling for natural gas, including those drilling in the Marcellus Shale (which extends from New York to West Virginia) from having to comply. Corporations have also been exempted from a host of other laws and regulations, and states have enacted laws pre-empting municipalities from taking steps to reign in the industry. The residents of Licking felt that they should be the ones to decide what happens in their township. “People have the right to determine what is suitable for their community, as they are most directly affected by intended or unintended consequences of resource extraction,” said Robertson. The dangers of fracking The residents of Licking aren’t alone in their concerns about fracking. Across the Appalachian highlands, residents worried about the health effects of fracking have been calling on their elected officials to protect them. _In New York, a citizen movement convinced the state Senate to place a 9-month moratorium on the practice_ (http://www.yesmagazine.org/planet/the-fight-against-fracking) while its safety is evaluated. However, the moratorium is only temporary and has not been voted into state law. Fracking involves pumping water laced with sand and a cocktail of chemicals underground to fracture the shale rock and release the natural gas. In the process, thousands of gallons of toxic wastewater are produced and can contaminate waterways and drinking water. Natural gas wells are often driven through aquifers. The impacts from drilling can include exploding wells, groundwater contamination, and fish kills. Recently, the Pennsylvania Department of Agriculture quarantined cattle believed to have drunk from a frack wastewater spill. Their milk was no longer considered safe to drink. A new study by researchers at the University of Buffalo found that fracking also releases uranium trapped in the rock, raising additional health concerns. Collateral damage includes lost property value, drying up of mortgage loans for prospective home buyers, and the threatened loss of organic certification for farmers. And it’s not only rural communities feeling the pressure. In Pittsburgh and Buffalo (both of which straddle the Marcellus), gas extraction corporations have quietly signed leases with landowners to drill under the surface. A new direction Drafted with the help of Community Environmental Legal Defense Fund (CELDF), the “Licking Township Community Water Rights and Self-Government Ordinance ” is the first of its kind in the nation. The City of Pittsburgh is also considering a CELDF-drafted ordinance, which is scheduled for a vote on November 16. With an expected veto-proof majority of City Council members in favor, that ordinance would impose an outright ban on gas drilling by corporations within city limits. Communities across the Marcellus Shale region, including Lehman Township in eastern Pennsylvania, are also considering CELDF ordinances that would ban corporations from drilling or from extracting water to use in drilling. In addition to banning corporate disposal of frack wastewater, Licking Township’s ordinance asserts the right to local self-government and the community’s right to a healthy environment and to clean water. In adopting the ordinance, Licking joins more than a dozen other communities in _legally recognizing the rights of nature _ (http://www.yesmagazine.org/peo ple-power/drafting-natures-constitution) and subordinating corporate constitutional rights to the rights of human and natural communities. By recognizing the rights of nature, Licking is effectively protecting ecosystems and natural communities within the township from efforts by corporations to drill there—or by higher levels of governments to authorize that drilling. Residents of the community are empowered by the ordinance to enforce those rights on behalf of threatened ecosystems. By prohibiting the introduction of frack wastewater into the Township’s environment, Licking’s new law effectively blocks hydro-fracturing. Critics of the ordinance claim that, by denying corporations that violate its prohibitions the civil rights protections _conferred on them by the courts_ (http://www.yesmagazine.org/people-power/citizens-united-v.-federal-election… sion) , the ordinance goes too far. Robertson responds to these charges, saying, “People have rights, like the gifts of nature. People have rights to property. Property does not have rights. Corporations are property.” Corporations may sue to overturn the ordinance, with the argument that it violates their corporate constitutional rights. Such a lawsuit would finally raise_ imperative questions about whose rights trump whose_ (http://www.yesmagazine.org/people-power/whose-rights) : Do the court-endowed privileges of corporations override the inalienable rights of the people and ecosystems of Licking Township, nullifying their claim to have a legal right to their health, safety, and welfare? Or does the community have the right to make critical decisions to protect its well-being—and that of the ecosystems upon which it depends? ____________________________________ Mari Margil and Ben Price wrote this article for _YES! Magazine_ (http://www.yesmagazine.org/) , a national, nonprofit media organization that fuses powerful ideas with practical actions. Mari is the associate director and Ben is projects director of the _Community Environmental Legal Defense Fund_ (http://www.celdf.org/) , a nonprofit, public interest law firm providing legal services to communities facing threats to their local environment, agriculture, economy, and quality of life.

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CLEAR November 2010