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
I support both.
Jim, since MUB provides potable water to an area well outside Morgantown's municipal limits, would that give MVCAC some "standing" in the Valley? The air rules issue sounds complicated. Perhaps if Duane has made some contacts, he can provide more info on that angle? Duane??
I know drilling has started and time is of the essence.
-paula
...........................................
At 5/29/2011 04:59 PM, James Kotcon wrote:
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:
- Ask the Morgantown City Council to seek an injunction to stop
the Marcellus Shale drilling at the Morgantown Industrial Park as soon as possible.
- 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 mailto:Duane330@aol.comDuane330@aol.com.
Linda Shuster, Secretary, MVCAC _______________________________________________ MVCAC mailing list MVCAC@cheat.org http://cheat.org/mailman/listinfo/mvcac
I support both as well
Sent from my iPhone
On May 29, 2011, at 5:00 PM, "James Kotcon" <jkotcon@wvu.edumailto:jkotcon@wvu.edu> wrote:
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 mailto:Duane330@aol.com Duane330@aol.commailto:Duane330@aol.com.
Linda Shuster, Secretary, MVCAC _______________________________________________ MVCAC mailing list MVCAC@cheat.orgmailto:MVCAC@cheat.org http://cheat.org/mailman/listinfo/mvcac
Hi, all,
At the last council meeting where an injunction was discussed, Bill Byrne said something about the city being liable for damages the company would incur while an injunction request worked its way through the court system. I think I heard him say this would be $20,000-$30,000 a day, which the city couldn't afford. Has this been considered in your request for an injunction?
Barb
"Jones, Gwendolyn" Gwendolyn.Jones@fairmontstate.edu 5/31/2011 7:22 AM >>>
I support both as well
Sent from my iPhone
On May 29, 2011, at 5:00 PM, "James Kotcon" jkotcon@wvu.edu wrote:
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
_______________________________________________ MVCAC mailing list MVCAC@cheat.org http://cheat.org/mailman/listinfo/mvcac
-
Barbara Howe -
James Kotcon -
Jones, Gwendolyn -
Paula Hunt