August 8, 2011
Industry pushes back on W.Va. city drilling bans
Page 2 of 2
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Besides creating jobs and tax revenue, gas companies donate to libraries, schools, 4-H clubs and any other fundraiser they're asked to support, he says.

"These people don't say no.''

Unless a town says no to them.

Brodak says the industry works hard to win communities over, explaining its technical processes and safeguards, and addressing residents' concerns. When a community does enact a drilling ban, she says, it's "often based on misinformation and fear, not facts or science.''

The industry will keep fighting back, she says, arguing that state law gives the Department of Environmental Protection sole responsibility for regulating oil and gas drilling.

City Manager Mark Henne says Wellsburg isn't reconsidering its ban because Chesapeake withdrew its gift to the school.

"That was a shame,'' he says, "but that in no way played into consideration.

"We think it was a horrible thing, but our feeling is, that's their business,'' he says. "We have to do what we have to do as elected officials to protect the health and safety and welfare of our community in the absence of the state being there.''

That, he says, is what has changed: Acting Gov. Earl Ray Tomblin recently ordered the DEP to craft emergency rules for Marcellus operations, and a panel of lawmakers is working diligently on new legislation.

"Had there been action by the Legislature before, we wouldn't have done this,'' Henne says. "Clearly, they're the responsible party for regulating this industry. We only acted to protect our citizens.''

Morgantown cited similar concerns in passing its ban. So far, though, Tomblin's action hasn't changed its position. On the banks of the Monongahela River, less than a mile from an intake for the city's drinking water supply, Northeast Natural Energy is sinking wells.

The Charleston-based company is now suing to stop the city from enforcing its ban, and a judge has set three days starting Aug. 17 to hear arguments on the injunction request.

Lewisburg, meanwhile, sits atop sensitive Karst limestone, known for sinkholes, caves and streams that sink underground. The geologic formations are fragile environments for rare and threatened creatures, from salamanders to the endangered Indiana bat.

City officials there say it's a place so special that it has to remain off limits.

Lewisburg's ban is not being challenged.

 

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