I suggested this to a Committee staffer last Thursday night, and he implied that just was not realistic.  We will need more than one person saying it Monday nioght to have an impact. 
 
I think I will make the point that the landscape has changed since March.  At the end of the regular session, the issue being debated was whether or not to regulate.  Now, the issue is whether the regulate, or ban Marcelus fracking.  And the momentum for a ban will increase if there is not comprehensive regulation imposed before more fracking gets done.  Unless the Legislature gets serious about comprehensive rules, the controversy will continue to grow, as will demands for a permanent ban. 
 
A moratorium on new permits and a comprehensive bill imposing emergency rules on existing permits are the only way to demonstrate that the Legislature is serious and is proceeding in a logical manner to develop the industry responsibly.
 
JBK

>>> Jim Sconyers 07/22/11 11:57 PM >>>
I agree - the more the delay, the more drilling gets done fast before regulation, and their mess becomes a fait accompli.

On Fri, Jul 22, 2011 at 8:54 PM, John Garlow <ecomodjag@gmail.com> wrote:
The problem with Earl Ray's emergency is that it really must not be an emergency since even if the DEP does come up with any meaningful regulation and enforcement system, and even if the house comes up with 2 million to pay for monitoring and inspections, it will take about a year to get "ramped up" according to DEP. So, the drilling and fracking will continue on for at least another year with the blessing of the state and the who knows what might happen to the environment attitude. This is similar to the days when anyone could dig a hole in their bank for coal that left us with lots of yellow boy streams and clean up costs. I want to keep pushing hard for a moratorium since the lack of control of this industry has already been called an emergency. Since this is a valuable national resource, it should be regulated in terms of how it is used. Companies should disclose their end consumer. Perhaps this should be coupled with conversion programs from gasoline to compressed gas vehicles. Why should we risk our environment so that a few people can make money selling our gas to China? I want to keep pushing the word "emergency" as used by the gov. He needs to take action and be a leader. He is already being attacked by Mahoney for lack of leadership saying something should have been done years ago. Is he going to stand up for WV's environment or bend to China's desire for our gas? John Garlow

On Sat, Jul 16, 2011 at 12:03 PM, James Kotcon <jkotcon@wvu.edu> wrote:
The WV4MoM discussed this last night, and we agree that it needs to have a good turnout, preferably at all three hearings.  Chuck, can you start contacting folks in the Northern Panhandle and Clarksburg areas?  The Upshur County group should also get out, as Clarksburg is pretty close.  I have a call in to get more details as to the format, but this is a great opportunity, and we need to start preparing ASAP.

I suspect that there will be an opportunity for a few invited speakers, but whether this will be an open opportunity for everyone to speak is not clear.  Two key themes will be:

1)  Follow the Money.  If industry says they support "Responsible Regulation" does that mean they will withhold campaign contributions from legislators that block "Responsible Regulation"?  I suspect that the Doug Facemire's of the Committee will change their tune pretty quickly if industry says they will, but I also suspect that "Responsible Regulation" will turn out to be code words for "Do Nothing".  If we can demonstrate to the Legislature that the industry propaganda actually means "Continue poisoning the water", we may sway a few votes, in spite of the industry campaign contributions.  And when the industry says they want decisions based on facts and not "emotionalism", we need to point out that it is the industry "experts" that have let their pursuit of profits blind them to real science, and their greed that creates the emotional disconnect with reality.

2)  Discredit the claims that fracking is safe and has never contaminated ground water.  I am putting together news accounts of well contamination, spills, and violations to demonstrate that the industry claims that they are clean do not match reality.  For example, PA-DEP identified seven cases of gas migrating into ground water for every 1000 wells in 2010.  They issued over 1000 citations for violations of environmental protection rules between 2008 and August 2010.  But WV-DEP has only 15 inspectors for 59,000 wells, so drillers here know they are unlikely to ever get an inspection.  It is certainly true that some wells can be drilled without problems, and that some companies are doing a better job than others.  That is why we need real regulations, to rein in the rogue operators and put everyone on a level playing field.  If we can couple this demonstration that real problems exist, that industry experts are distorting the facts, and that the industry is in denial, with an assertion that strong regulations mean we can have both gas drilling and clean water, we will win.

JBK

>>> "Chuck Wyrostok" <wyro@appalight.com> 7/16/2011 9:57 AM >>>
FYI, folks.c



Chuck Wyrostok
Sierra Club Outreach Organizer
Toll free 877 252 0257
E: outreach@marcellus-wv.com
www.marcellus-wv.com

 _____

From: Julie Archer [mailto:julie@wvsoro.org]
Sent: Saturday, July 16, 2011 9:31 AM
To: undisclosed-recipients:
Subject: WV-SORO Update: Delegates Schedule Public Hearings on Gas Drilling



Delegates Schedule Public Hearings on Marcellus Drilling

The House members of the legislature's Select
<http://www.legis.state.wv.us/committees/interims/committee.cfm?abb=marcellu
s>  Committee on Marcellus Shale have announced they will hold three public
hearings on drilling issues to get input on how problems and concerns
related to natural gas drilling should be addressed.

In media reports, Delegate Tim Manchin, House chairman of the committee
said, "The committee members have heard much about both the potential
benefits and problems associated with the Marcellus Shale development - what
we are now looking for are suggestions on measures that should be included
in a new state law that encourages efficient development of the resource
while addresses local and environmental concerns."

The hearings are set for Wheeling on July 21, Morgantown on July 25, and
Clarksburg on July 27. The times and locations  will be announced early next
week.  We'll send out more details once they become available.  They will
also be posted on the Legislature's website, www.legis.state.wv.us.

The entire Select Committee met earlier this week, and heard presentations
from a variety of experts and interest groups including WV-SORO.  The full
committee plans to reconvene and hold three working meetings during the
August interim meetings of the legislature (August 1-3).

Also this week, Senator President Earl Ray Tomblin, acting as Governor,
signed an executive
<http://www.governor.wv.gov/Documents/20110713150559476.pdf>  order
directing the Department of Environmental Protection to develop rules to
regulate Marcellus Shale gas drilling.  The plan is a positive first step,
but is no substitute for legislative action which is needed to address the
problems surface face in their dealings with the drillers.

You can read Tomblin's press release and the executive order here
<http://www.governor.wv.gov/newsroom/pressreleases/Pages/GovernorAnnouncesMa
rcellusShaleRegulation.aspx> . We have posted links to a number of news
stories related to the Select Committee meetings and Tomblin's announcement
at www.wvsoro.org.



--
Julie Archer
WV Surface Owners' Rights Organization
1500 Dixie Street
Charleston, WV 25311
(304) 346-5891
(304) 346-8981 FAX
www.wvsoro.org


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--
Jim Sconyers
jimscon@gmail.com
304.698.9628

Remember, Mother Nature bats last.