I support asking City Council to seek an injunction.
I am cautious about having MVCAC file such a legal action without more detailed information. I have heard of the legal basis for the CITY to intervene, but am unaware of how an independent entity such as ourselves could demonstrate standing. The air rules do not offer a lot of legal leverage for intervening in gas wells, thus, we would need to appeal of the adequacy of the WV State Implementation Plan under the Clean Air Act. Thus, such a suit would need to go all the way to federal Court, and perhaps the 4th Circuit Court of Appeals as well. This process would take months, and we would need significant legal resources to carry this out. Winning such a case would not be cheap, and filing one, then losing, would set a disastrous precedent.
If someone has those answers, I would be supportive.
Jim Kotcon
>>> Linda Shuster 05/29/11 4:28 PM >>>
To: Participants of the Mon Valley Clean Air Coalition
From: Linda Shuster, Secretary
RE: Injunction to Stop Marcellus Shale Drilling at Morgantown Industrial Park
It has been proposed that the Mon Valley Clean Air Coalition take the following actions:
1. Ask the Morgantown City Council to seek an injunction to stop the Marcellus Shale drilling
at the Morgantown Industrial Park as soon as possible.
2. Obtain legal representation so that MVCAC can seek an injunction to stop the Marcellus Shale drilling at the Morgantown Industrial Park as soon as possible.
PLEASE REPLY AS SOON AS POSSIBLE, either to the list or to Duane at Duane330@aol.com.
Linda Shuster, Secretary, MVCAC