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Welcome to Berks Gas Truth
PROGRESS!! Keep up the great work!
It's Earth Month and Berks Gas Truth will be participating in events in and around Berks County to spread the word about fracking! Please read on to find our schedule of events this month! All of those events keep us pretty busy, but this Earth Month we're busier than usual because we working with other organizations to fight battles on several fronts right now and we need your help! Since the last issue when we first provided this list, we've made some important progress! PA Government
PA Senate
SB 411, a bill that would allow acid mine drainage to be used as a fracking fluid and would grant immunity to the polluters moving it for profit.
Status: We have kept this from a vote for over a year, regularly lobbying senators and urging people to contact their senators
UPDATE: For the first time, SB 411 is NOT on the Senate calendar for April 28th when they return from Easter break. It could turn up on a supplemental calendar that will be released when they return, so stay tuned. However, the Senate runs on a 10-day clock. If no action is taken on a bill after 10 days, it is tabled. That's what happened to SB 411. We are optimistic that all of the public outcry and lobbying efforts have effectively killed this bill.
PA House
HB 1576, a bill that would gut the Endangered Species Act, making it difficult for species to stay on the threatened and endangered list and almost impossible for new species to be added.
Status: We have succeeded in getting the House to put this on the back burner. They are amending it, so we have to remain vigilant and ready to fight if it resurfaces.
What you can do: Follow updates here or on our Facebook page.
HB 2115, a bill that would remove local control over all things environmental. It's the latest attempt to circumvent the Act 13 ruling that tossed out the portion of that oil and gas law that stripped municipalities of their authority.
Status: Bill has 4 co-sponsors, is currently in committee. Hoping to see it die there.
What you can do: We're about to circulate a petition, so please watch for updates so you can sign the petition. We'll also create a sample letter you can take to your municipality to sign and send to the legislature opposing this bill. We'll also ask you to call your state representatives, so please watch for updates.
PA DEP
The PA Department of Environmental Protection is considering allowing Range Resources to experiment with using radioactive drill cuttings as paving materials for access roads and well pads.
Status: We submitted extensive technical comments and organized a call-in day to protest this.
What you can do: Look for updates here or on FB on actions you can take.
Governor Corbett
The Governor plans to use his executive authority to open more of our state forest land and, for the first time in history, our state park land to fracking
Status: We delivered petitions and rallied in protest. EarthFirst has physically blocked drillers from entering forests; several have been arrested
What you can do: Elect a new governor.
Democratic Candidates
All of the Democratic candidates support a severance tax/regulate stance with limited moratoria on drilling on state lands.
Status: We have been pressuring all of the Gubernatorial and Lt. Governor candidates to respect the PA Democratic Party's wishes and support a statewide moratorium.
UPDATE: Brad Koplinski, who is running for Lt. Governor, became the first candidate in the state's top two races to sign the Pennsylvania Voters Against Fracking's Pledge to Halt Fracking. We'll be discussing the campaign and how you can get involved on a call this Wednesday at 7. See below for details.
What you can do: Join Pennsylvania Voters Against Fracking on FB and invite your friends. You'll see the petition there we ask you to sign and share. Non-FB users can go straight to the petition here. And then please support candidates who sign the pledge to halt fracking.
Federal Government
LNG Fast-track
The White House and Congress are making various attempts to fast-track Liquefied Natural Gas (LNG) exports.
Status: We are pressuring the government in every possible way to reject their plans.
UPDATE: Last week, U.S. House's Energy and Commerce Committee's Subcommittee on Energy and Power voted to send H.R 6, the Domestic Prosperity and Global Freedom Act, to the floor. The bill would green light exports of LNG. It's likely to pass the House, so we've been concentrating our efforts on the Senate. Senate Democrats are starting to budge. In fact, some have said that they weren't hearing about this from their constituents.
What you can do: Sign and share the petition, call your members of Congress, follow updates here or on FB on actions you can take. If you are interested in delivering petitions to your U.S. Senator's district office, let me know!
TPP
The Trans-Pacific Partnership (TPP) has been called NAFTA on steroids. It would give companies the right to trounce local regulations as part of this trade deal.
Status: President Obama has had little support within his own party for this deal. He was trying to fast-track it, which would have stripped Congress of its ability to debate and alter any part of the deal.
What you can do: Follow updates here or on FB on actions you can take.
EPA Investigations
The EPA abruptly ended investigations of water contamination in Dimock, PA, Parker County, TX, and Pavillion, WY in 2012.
Status: Americans Against Fracking & Stop the Frack Attack have collaborated on a escalating campaign to pressure EPA Administrator McCarthy to reopen the investigations
UPDATE: There are two opportunities to send a message to EPA Administrator McCarthy in the next couple of weeks. See details below!
What you can do: Follow updates here or on FB on upcoming actions, including a rally in Philadelphia at the EPA regional office there.
These are just a few of the things happening right now. New issues surface all the time. Of course, some of the biggest are the projects,that hit much closer to home. We're working with the South Heidelberg Community Association to fight the GTL facility proposed for a 63-acre site in their community. See below for big updates on that project! The photo at the top was taken at last week's community meeting on the project as people were still arriving. When the meeting started, the church was nearly filled to capacity. Read on for much more on that and other natural gas projects proposed for Berks County.
Appreciatively, Karen
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PA VOTERS AGAINST FRACKING
JOIN THE CALL 4/23, 7 p.m.
Berks Gas Truth is working with Food & Water Watch Fund on the Pennsylvania Voters Against Fracking Campaign. Last week, we held a press conference with Gasland director, Josh Fox, to announce that Lt. Governor candidate Brad Koplinsky was the first to sign our Pledge to Halt Fracking.
We've delivered pledges to all of the candidates running for Governor and Lt. Governor. We're asking you to sign and share the petition we'll deliver to the candidates days before the primary. Find the petition here.
We're also holding a conference call on Wednesday, 4/23 at 7 p.m. If you're interested in participating, email me at [email protected] for call-in information.
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TWO WAYS TO SEND A MESSAGE TO THE EPA!
Since last August, we have been pressuring EPA Administrator Gina McCarthy to re-open investigations in Dimock, PA, Parker County, TX, and Pavillion, WY. Investigations into water contamination ended abruptly in 2012. Last summer, the L.A. Times published a story on a PowerPoint presentation leaked from the agency's Philadelphia office that made clear that staffers were aware of contamination in Dimock, PA and were urging their bosses to keep the investigation open.
SEND A MESSAGE THIS TUESDAY!
On Earth Day, the EPA is asking people to post selfies (photos you take of yourself) at a favorite natural spot. We're asking people who are directly impacted by fracking and people who are fighting to keep the industry out to take photos of themselves with their contaminated water or in front of a natural resource or favorite place they'd like to save.
SEND A MESSAGE ON MAY 8th!
On May 8th, call EPA Adminstrator Gina McCarthy and tell her to re-open the investigations. Her number is 202-564-4700. If you want to generate even more calls, consider hosting a public call-in where you recruit passersby to make calls. If you're interested in hosting a public call-in, let us know so we can get you the materials you'll need.
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Berks Residents Organize to Fight Gas-to-Liquid Facility in South Heidelberg Township
We need to keep up the pressure to make sure it's moved. AND we need to be ready to fight if it's moved to a different community. For now, though, this is amazing news, something for which the South Heidelberg Community Association deserves our congratulations!
You can speak out on this project and the others proposed for Berks County on April 22nd at noon when we hold a rally at the DEP office in Reading (see below).
It all started with an episode of Extreme Makeover. When a Berks County family was selected for a home renovation in 2010, the county expedited the process of getting all necessary approvals so the producers could meet their tight shooting schedule. The informal process worked so well that County Commissioner Christian Leinbach decided to formalize it in 2012 and call it the Joint Express Approval Program (JEAP). The program was one of the carrots the county dangled in front of EmberClear's eyes when the Canadian firm was looking for a site for its Gas-to-Liquids (GTL) facility.
GTL facilities convert gas into gasoline, propane, and other products including wax. There are only five in the world, none in the United States, so the residents of South Heidelberg Township were shocked to discover that the 63-acre farm near their homes was going to be turned into a massive gas refinery. For one thing, the farm was zoned for light industrial uses. The small notice in the newspaper and the few letters distributed to owners of properties adjacent to the farm didn't grab the attention of most people. Those who read that something was happening didn't understand what that something was.
That something, as it turns out, was the approval of an industrial overlay for the specific purpose of allowing a gas facility to be built, one that would allow structures to stand three times taller than surrounding structures, mostly homes, schools, and small businesses, one that would invite lots of new truck traffic to the tranquil community, and, oh yeah, one that could blow up. The joint zoning board unanimously approved the overlay in November. About a month ago, EmberClear appeared on the scene in the form of its U.S. subsidiary, Future Power Pennsylvania, to do a presentation at the zoning meeting where it would be asking for approval of its plans.
This time, word spread quickly through the community. A standing-room only crowd turned out for the zoning meeting and many voiced concerns, but, once again, the zoning board voted unanimously in favor of the plans. Community members immediately came together to form the South Heidelberg Community Association. They've formed committees, made t-shirts and yard signs, started a petition, done research, hired an attorney to challenge the way the overlay was handled, started fundraising, and hosted a community meeting that drew a crowd of nearly 700 people from their community and surrounding municipalities.
Many who attended the meeting were concerned about the GTL facility. A two-mile evacuation perimeter was established after the LNG explosion in Washington state last week. Many people reside well within two miles of the proposed GTL site. Many others who attended were concerned about the pipeline projects proposed to bring gas to and take product away from the refinery. Twelve Berks County municipalities would be in the path of either the 7-mile spur of the Texas Eastern pipeline that would deliver Marcellus gas to the plant or the Mariner East pipeline that would transport the finished products to Marcus Hook for export. Sunoco, who operates the Mariner East pipeline, has applied to the PUC for utility status. If granted, the private, for-profit company would be able to operate as a utility, circumventing rules as it goes.
As recently as February, the Energy Information Administration stated that GTL facilities are not viable in the United States. The up front and operating costs are enormous. EmberClear would build the plant, but turn it over to another company to operate it. Shell, the operator of the largest GTL facility in the world in Qatar, scrapped plans to build a plant on the Gulf coast because of the costs involved. It's possible that EmberClear will not find a partner. It's also possible that the partner will be Sunoco and that the GTL facility will be operated by a company with utility status. Right now, there are more questions than answers, but the South Heidelberg Community Association is committed to fighting the project every step of the way. The back of their t-shirt sums it up, "Act Now or Live with This Forever".
Sign the South Heidelberg Community Association's petition here.
Purchase a Stop the Gas Refinery yard sign for $10 by emailing [email protected] to make arrangements.
Visit our Berks as a Gas Hub page for more information and updates.
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BERKS AS A GAS HUB
JOIN AN EARTH DAY RALLY AT THE READING DEP OFFICE ON 4/22!
The GTL facility proposed for South Heidelberg is only one of several natural gas projects proposed for Berks County. As described in the article above on that project, a 7-mile stretch of pipeline would need to be added to the Texas Eastern pipeline and Sunoco's Mariner East hazardous liquids pipeline would take the finished product to market.
On April 22nd, Earth Day rallies will be held at DEP offices across the state. Ours will be held at the DEP Air Quality office just off of Route 61, near the Route 222 exit. We'll meet at noon at 1005 Cross Roads Boulevard, Reading, PA 19605 for a lunchtime rally. Get directions with this Google Map. Please RSVP to [email protected]. Bring your own signs! I'll try to bring some extras, too!
UPDATE: This week, the PUC responded to everyone who signed our petition regarding Mariner East. Their response raised a number of questions, so I sent the following explanation to all signers.
Keep sharing the petition! You're clearly getting their attention! http://petitions.moveon.org/environmental-action/sign/pa-puc-must-deny-sunoco
______________________________________________________
I wanted to follow up with you regarding the response we received this morning from the PUC. (see below) Before I get into the details, let me congratulate you for eliciting a response from the PUC, or pretty much any target of a petition. Clearly, the PUC is getting the message! Congratulations and thank you for speaking out!
As is so frequently the case, situations like these are pretty fluid. Until today, many of the people working most closely on the issue had been requesting, but not receiving, the information shared with all of us today. Specifically, Sunoco's status was unclear and remains so. The bottom line is that Sunoco wants the zoning exemption mentioned in the message and the power of eminent domain, something that was not mentioned.
Here's where things get complicated. The siting of natural gas pipelines is regulated by the Federal Energy Regulatory Commission (FERC). Exemption of local control and the power of eminent domain are both granted under FERC rules. Hazardous liquids pipelines are subject to FERC regulation of tarrifs if they are interstate pipelines.
Sunoco has been fighting for eminent domain in court, claiming that FERC's rules give it eminent domain powers. It has also claimed to have public utility status, something York County's Common Pleas Court denied earlier this month. In both cases, Sunoco was denied the power of eminent domain.
Here are stories on the two cases, if you're interested in more information:
http://www.observer-reporter.com/article/20140117/NEWS01/140119443#.U080C_ldWSo�
http://lancasteronline.com/news/local/court-blocks-use-of-eminent-domain-on-pipeline-to-pass/article_e6b8cd02-c01d-11e3-bd3b-001a4bcf6878.html
It was the York County ruling that prompted Sunoco to ask PUC to expedite its request to be declared a public utility corporation. Prior to that, Sunoco was operating under the assumption that it had public utility status.
What FERC's hazardous pipeline rules definitely don't provide Sunoco is the exemption of local control. That's the issue today's response addressed. The only piece of information we learned since the petition went out was something we learned yesterday that was confirmed in today's message. The PUC has granted Sunoco's request to assign docket numbers to each of the 31 projects Sunoco is proposing along the pipeline. The big disadvantage to communities is that each one of those dockets needs to be fought individually, community by community.
This remains a fluid situation. Lynda Farrell, Executive Director of the Pipeline Safety Coalition, has been working with me on this petition and works closely with municipal officials and state legislators. Many questions remained unanswered. The explanation I provided above just covers the main points. There are many twists and turns to this story. To end where I began, getting a response from the PUC was an accomplishment in itself. Even better, we got some information we'd been seeking. None of that would have happened without you.
You are making a difference, so let's keep the pressure on! Please share the http://petitions.moveon.org/environmental-action/sign/pa-puc-must-deny-sunoco with your friends!
Thanks!
Karen
PUC's response sent to over 8000 signers:
Gladys M. Brown, Commissioner, Public Utilities Commission, a target of the "PA PUC Must Deny Sunoco Logistic Public Utility Status" petition you created on MoveOn's petition website (http://petitions.moveon.org/environmental-action/sign/pa-puc-must-deny-sunoco), posted the following response to the petition, which we thought you should see.
This response was sent through the MoveOn's petition website. The email addresses of the signers of your petition have NOT been shared with the sender.
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Thank you for your interest in the 31 cases pending before the Pennsylvania Public Utility Commission (PUC) regarding the petitions filed by Sunoco seeking an exemption from local zoning for pump stations in 31 separate municipalities across the Commonwealth. This response is being provided on behalf of all five Commissioners and our executive director who also was listed on the petition. The company is not filing to become a public utility as defined under the state's Public Utility Code. Rather, what they are seeking is a zoning exemption as public utility CORPORATION under the state's public corporation code (53 P.S. Section 10619).
Here's the text of 53 PS Section 10619:
� 10619. Exemptions. This article [Zoning] shall not apply to any existing or proposed building, or extension thereof, used or to be used by a public utility corporation, if, upon petition of the corporation, the Pennsylvania Public Utility Commission shall, after a public hearing, decide that the present or proposed situation of the building in question is reasonably necessary for the convenience or welfare of the public. It shall be the responsibility of the Pennsylvania Public Utility Commission to ensure that both the corporation and the municipality in which the building or proposed building is located have notice of the hearing and are granted an opportunity to appear, present witnesses, cross-examine witnesses presented by other parties and otherwise exercise the rights of a party to the proceedings.
The company filed its required notice in the April 4, 2014, PA Bulletin. The MoveOn.org petition that you signed will be filed as part of the proceeding in the public comment folder for the case. You can follow any one of the 31 docketed proceedings on the PUC website, an example of one of the cases can be found at the following link: http://www.puc.pa.gov/about_puc/consolidated_case_view.aspx?Docket=P-2014-2411966 Formal protests, comments, and petitions to intervene as an active party are due by the close of business on April 21, 2014. Instructions on how to formally participate in the proceeding are defined by the state's Public Utility Code and 52 Pa. Code, Chapters 1, 3, and 5 as outlined in the company's required posting linked above.
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Earth Month Events
April 11 Muhlenberg College 11:00 - 5:00
April 14 Kutztown U. Earth Day 11:00 - 3:00
April 22 DEP Protest 12:00
Gasland 2 @ RACC 2:00
Gasland 2 @ RACC 7:00
April 24 Northampton CC 11:00 - 1:15
April 25 DeSales University 11:00 - 2:00
Groundswell Rising @ 7:15
UU Church, Bethlehem
April 27 Berks Earth Day 11:00 - 5:00
Mark Your Calendars!
If you're interested in volunteering at Earth Month events, please email [email protected].
New Event! Pipeline Panel Discussion at Cedar Crest College on 4/30 at 7 p.m.
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Free Earth Day Screenings of Gasland, Part II at RACC
After our lunchtime rally at the DEP office in Reading, I'll be heading to RACC to do two screenings of Gasland, Part II. Both screenings are open to the public free of charge. I'll be on hand to take questions after the screenings, so join us at the Miller Center at 2:00 or 7:00 or both! Free parking is available in the covered lot behind the Miller Center.
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Two Chances to See
Groundswell Rising is a new documentary on fracking by Ren Cohen. Some of the footage will look familiar to those of you who attended our Marcellus Shale Exposed conference in 2012! It is the attention it gives to the anti-fracking movement that differentiates it from other fracking documentaries and inspires us to act!
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Hope to see you at Berks Earth Day!
Riverfront Park, 4/27
Stop by the Berks Gas Truth table at Berks Earth Day!! We're thrilled to be back at this great festival! Stick around for Karen's talk at 1:45!
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Naomi Klein, Sandra Steingraber Joined Emergency Americans Against Fracking Call
If you missed last week's call, you can read the article Naomi Klein published in The Guardian the next day in which she covers the points she made on the call. Read her article here.
More resources, including a fact sheet on LNG by Sandra Steingraber, are coming. We'll share them as we get them!
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Senator Schwank Holds Press Conference to Announce
Co-Sponsorship of
Severance Tax Bill
Senator Judy Schwank held a press conference recently to announce that she had signed on as a co-sponsor of a severance tax bill about to be introduced by Senator John Yudichak (D-14). She did not announce with the same fanfare her co-sponsorship of the statewide moratorium bill introduced by Senator Jim Ferlo (D-38) last fall.
Senator Schwank was joined at the press conference by Reading councilwoman Donna Reed and Kutztown mayor Sandy Green. Mayor Green has never attended any of the Berks Gas Truth meetings, special events, or screenings held in her town. Our invitation remains open.
The Kutztown Patriot published my op-ed responding to severance tax bill and press conference. You can read it here.
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The Berks Gas Truth Is Out!
Don't miss out on all the news on fracking! Check out our daily news service!
In addition to reading The Berks Gas Truth on Facebook & Twitter, you can subscribe to it here or read the embedded version on gastruth.org here.
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LISTEN TO WALTER BRASCH'S NEW RADIO SHOW, THE FRACK REPORT
Listen live in Scranton on 105.7 or in Mt. Cobb on 90.3
Monday at 7:30 p.m.
Wednesday at 7:30 a.m.
and you can catch the recorded show starting on Thursday!
(BGT's Karen Feridun was Walter's guest on his first show on 7/29!)
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FRACKING PENNSYLVANIA
Flirting with Disaster
a new book by Walter Brasch
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Walter Brasch spoke at Reading's Drinking Liberally in April! Now he's coming to Frackapalooza!
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Check out this great new book that provides a great overview of the issues surrounding fracking! It's available for Kindle and other readers already and the print edition is available from Amazon.com.
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NEW RESOURCES
Fracking by the Numbers: Key Impacts of Dirty Drilling at the State and National Level, PennEnvironment's October 2013 report quantifies key impacts of drilling to date.
The Social Costs of Fracking: A Pennsylvania Case Study, Food & Water Watch's September 2013 report provides a detailed examination of the social costs of fracking often overshadowed by environmental costs.
The Spreading Shadow of the Shale Gas Boom: Fracking�€™s Growing Proximity to Day Cares, Schools and Hospitals, PennEnvironment's September 2013 report includes a map of hospitals, schools, and day care facilities within two miles of a permitted well site.
Reckless Endangerment While Fracking the Eagle Ford: Government Fails, Public Health Suffers and Industry Profits from the Shale Oil Boom, Earthworks's September 2013 report investigates oil and gas impacts in Texas' Eagle Ford and examines government negligence in over seeing drilling operations.
Who Pays the Cost of Fracking: Weak Bonding Rules for Oil and Gas Drilling Leave the Public at Risk, PennEnvironment's July 2013 report looks at how little financial assurance the industry is required to provide before drilling.
Hydraulic Fracturing & Water Stress: Growing Competitive Pressures for Water, Ceres' May 2013 report looks at water use for fracking in water stressed regions.
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ORDER YOUR OWN
DON'T FRACK YOUR MOTHER SHIRTS ONLINE!
Our Don't Frack Your Mother shirts come in men's sizes S, M, L, XL, and 2X.
For $15, shipping and handling included, you can have the must-have shirt of the protest season!
Order them online on our website or mail orders to Karen Feridun, 260 East Main Street, Kutztown, PA 19530. Be sure to include the size you want!
Do what our model Kent did and send us a photo of you wearing your shirt by a favorite spot you want to protect from fracking!
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BGT IN THE PRESS
Here are some of our recent press clippings from the past months. To see the full list, visit the About Us page of our website.
Thom Hartmann's coverage of Chevron action
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FIND BGT AT THESE EVENTS
4/22 Rally at Reading DEP
4/22 EPA Selfies Action
4/22 Gasland 2, RACC, 2 p.m.
4/22 Gasland 2, RACC, 7 p.m.
4/23 PA Voters Against Fracking
4/24 Groundswell Rising, NCC
4/25 NPR Radio Show
4/25 DeSales U. Earth Day
4/25 Groundswell Rising, UU Beth.
4/27 Berks Earth Day
4/30 Pipeline Panel, Cedar Crest
5/6 MSC "Grassroots" Rally
5/7 - 8, Forced Pooling Hearings
5/8 National EPA Call-In Day
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