Issue Position: Marcellus Shale
Issue Position
After decades of stripping for coal on peoples' homeplaces, the West Virginia Supreme Court many years ago outlawed the practice of 'ruin and run' coal mining on "Broad Form Deed" lands-parcels on which the deed holders "only" own the surface. The court ruled that these antiquated century-old deeds were made at a time when the signers could not have foreseen the new technology of stripping-and therefore they nullified that practice and banished the carnage. Too bad the justices at the time couldn't have foreseen (just like the deed signers couldn't) the barrage of fracking. Had the court known the future, they would certainly have nullified fracking on surface (only) owned land as well. At this very moment, history is shockingly repeating itself as landowners and citizens are being subjected, against their wills, to fracking and the threat of fracking throughout West Virginia. Mineral owners (only) also need to have their rights protected against forced takings.
The wild, but unwonderful Marcellus Shale gas rush, already underway, is unregulated and thus poses an imminent and grave risk to all West Virginia water and to our air-and thus to everyone and everything living in the State. Land and house values, our property tax base, schools, tourism, in-migration of retirees and others, and our very way of life are threatened.
Thus far, the State of West Virginia is chasing a train that roared out of the station two years ago. Currently there are nearly 60,000 active wells overall for which the WV Department of Environmental Protection has less than 20 inspectors. This does not take into account new fracking wells which, when compared in the size and scope to the wells of old, are the difference between a convienence store and a Super Wal-Mart. Furthermore, DEP inspectors current pay doesn't even come close to competing with what people in the fracking fields are making. This further complicates the protection of the people and the environment. All of this must immediately change. We, who are gathered here, and thousands of concerned citizens who could not come today because they are working-- but who we represent, have united here to demand action from the legislature, the Governor, and the courts to protect our homes, our communities, our wells, our rivers and lakes, and our economic future. Earl Ray Tomblin's "Emergency Measure" announced July 10th is the equivalent of taking a garden hose to a forest fire-it's way too little and way too late. The public legislative hearings, while laudable, have yet to produce any tangible changes.
"It's high time we moved beyond 'concerned' rhetoric and hand-wringing and grapple with the challenges of Marcellus Shale. My plan clearly addresses protection of private landowners, tourism, economic development, and the environment.
Key Marcellus Shale points:
1. A total and permanent ban of fracking on surface owners (only) land unless they expressly grant permission--at least within two miles of homes. (Such permission can only be granted after consultation with independent lawyers and/or experts designated by the State and paid for by the developers (to protect senior citizens and other citizens unaware of their rights.) At this time surface owners have virtually no protection or say in how their land will be used.
2. A minimum environmental permitting fee, not of $600, but of $40,000 or 1% of the total cost of the well (whichever is greater) will be assessed (the average well currently costs between 4-6 million). This fund will be used by the DEP to hire new inspectors at industry-competitive salaries. It will also be utilized to mitigate environmental damage. To put this in perspective, this fee is only half of the 2% food tax all West Virginians currently pay.
3. Severance taxes on natural gas will increase to 7% + $0.095* per MCF from the current low rates instituted nearly a quarter a century ago. *(Based on Oklahoma's model; Oklahoma is the # 3 producer in the country.) The increased excise tax revenues will be used exclusively for economic development & diversification, and education.
4. Complete transparency on a public permitting process not to be less than 60 days, on water sourcing, on waste-water disposal, and on the use of chemicals in the fracking process. West Virginia Rivers and water impoundments must be pre-tested and protected from excessive "takings" and potential pollution.
5. No fracking will done within 2 miles of a municipality, a municipal water plant, a municipal water in-take valve, residence, commercial building, church, historic site, public park, or cemetery and vapor capture equipment will be manditory on all wells.
6. Pre-tests, at company expense, of landowners' wells.
7. Comprehensive bonding mechanisms, and appropriate violation penalties, will be put in place to ensure environmental compliance.
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