ACTION opportunity below. From Stark Summit Coalition:

More than a dozen Athens area businesses and the Village of Amesville filed Friends of the Court briefs in support of the appeal by Munroe Falls, Ohio, coming before the Ohio Supreme Court this week. Athens Electric, Donkey Coffee, Laurel Valley Creamery, Sticky Pete’s, Cherry Orchard, Shew’s Orchard, Herbal Sage, Sunpower, Inc., Green Edge Gardens, Fox Natural Builders, Hyacinth Bean Florists, Snowville Creamery, and Village Bakery were among businesses supporting the appeal for local control of oil and gas drilling. Local control was taken away from Ohioans by the Ohio legislature in 2004. Amesville is joined by Broadview Heights, Euclid, Mansfield, and North Royalton submitting another Amicus brief. A third amicus brief in support of the appellants was submitted on behalf of health professionals.

At issue in this case is the ability of localities to protect their community character by exercising their traditional land use powers over oil and gas development. These powers were removed in 2004 by the Ohio legislature at the request of the oil lobby and given to the Ohio Department of Resources via HB 278. Read more…

From the proceedings (2-26-14):

With regard to dismay that citizens can not object to or appeal permits, Ohio Supreme Court Justice Paul Pfeifer pointedly asked Beck Energy’s attorney, John Keller:

Pfeifer: “But in terms of courts. There is no access to courts period. Right?”
Keller: “Because the General Assembly decided in 2004 to give the state the sole and exclusive authority…”
Pfeifer: “To be God in this case, right?”
Keller: “Pardon?”
Pfeifer: “To be God. The Director of Natural Resources is God in this case.”

And yes, despite the fact that this company, Beck, has possibly the most violations in the state- the state testified ALONGSIDE the energy company lawyer to defend their right to drill!??!

Watch the video ohiochannel.org/MediaLibrary/Media.aspx?fileId=142427

Earth First! Disrupts Florida Power and Light in Protest Over Proposed Fracked Gas Power Plant Near Seminole Reservation

Juno, FL – Over 80 activists with Earth First! groups from across the country converged at the Florida Power and Light (FPL) Headquarters this morning. Five protestors locked their necks together, disrupting business operations at the second largest energy company in the nation. Their primary concern is a proposal to construct a fossil fuel power plant in Hendry County, on the border of the Big Cypress Seminole Reservation.

“Stop FPL and others who destroy the environment and resources, for the sake of our future generations,” says Sam Tommie, a Seminole tribal member who opposes the project.

“This proposal is an act of environmental racism against indigenous people and an attack on the Everglades. If we stand by and do nothing, we are also complicit in this injustice,” says Christian Minaya of Everglades Earth First!, a group based in Palm Beach County.

The signs and banners of Earth First! demonstrators include messages regarding threats to panther habitat, water quality and the practice of gas fracking—a controversial extraction technique that will likely be a source of fuel for the facility. Last year FPL also announced that it would be partnering with Spectra, a major transporter of fracked gas, to build a new pipeline across Northern Florida.

“This FPL proposal would be one of the biggest plants in the country. There’s a good chance that the gas could come from poisoning the water around where I live,” said a protestor named Ryan, from New York, where there is a push for more gas wells in the Marcellus Shale region.  More…

Environment America, Thursday, February 20, 2014:

Athens, OH, Feb. 19, 2014 ––Attorney Richard Sahli submitted a brief Tuesday on behalf of Athens County Fracking Action Network (ACFAN) to the Ohio Oil & Gas Commission opposing the state’s motion to dismiss ACFAN’s appeal of a K&H Partners’ injection well. The well was permitted by Ohio Department of Natural Resources (ODNR) Oil and Gas Division, December 9, 2013, in Athens County, just weeks after a 3.5 M. earthquake, the first in the county in at least a century, and in spite of hundreds of letters and calls opposing the permit, including from the County Commission. The state’s motion seeks to prevent all appeals of injection well permits issued in Ohio. 

The ACFAN brief states, “The root of the Motion to Dismiss is that the Chief is asking this Commission to immunize his actions on injection well permits under O.R.C. 1509.22(D) from review by terminating the appeal rights of untold thousands of Ohioans without regard to the seriousness of the legal and technical errors that those permits may contain. To reach this extreme result in the absence of unambiguous legislative authority is unlawful and would result in a gross overreach of unaccountable government authority over private rights.”

“Given the recent disclosure of intentional collusion between upper-level officials in the Kasich administration and the oil and gas industry to discourage and undermine opponents, we are not surprised that Ohio regulations are so thoroughly biased to favor industry over community rights and public and environmental health,” stated ACFAN member, Heather Cantino. “The revelations in the ODNR memo uncovered last week substantiate what we have concluded by studying ODNR’s permitting of injection wells. ODNR is clearly bent on permitting whatever industry wants and has absolutely no regard for public health or safety.”

ACFAN member Roxanne Groff added, “The propagandists here are the oil and gas industry and their puppets in the Kasich administration. Informed Ohio citizens are transparent in our efforts to educate the public about health risks imposed on us by weak regulations and the now clear government bedding down with industry. We have more reason than ever to continue our fight to protect Ohioans’ civil rights and communities.”

ACFAN supports the call for legislative hearings on the government-industry collusion made Tuesday by State Representatives Nickie Antonio (D-Lakewood) and Robert Hagan (D-Youngstown). They wrote: “This document [uncovered by Sierra Club last week] brings into question if government agencies, tasked to regulate and ensure public safety, have worked collaboratively with the oil and gas industry to further their agenda. In order to ensure transparency and preserve the public trust, it is imperative to hold hearings to discover if and why government agencies would join forces with private-sector, fracking-interested companies and whether a plan was implemented to silence critics of those who have legitimate concerns over the environmental impact of horizontal drilling on our state lands and if such a plan has been operationalized.” ACFAN members testified against HB 133 in 2011.

“Mr. Kasich’s recent denial of his interest in fracking public lands should not be trusted as policy. It’s just a meaningless dodge,” Cantino concluded.

Press release published at ohio.com. Front page Athens Messenger coverage, 2-20-14, here. Athens News coverage here. Brief posted at acfan.org/injection-wells

Frackgate makes national media. Good coverage on MSNBC Ed show 2-21-14

Akron Beacon Journal coverage of 2-17-14 here.

Progress Ohio press release, 2-17-14: Columbus, OH – In an attempt to bury a story about a planned administration spanning conspiracy to promote fracking in public parks, a secret communications plan was leaked by Ohio Gov. John Kasich’s administration to reporters late Friday afternoon.

The 2012 document [PDF] contains a Nixon-style enemies list. It includes detailed plans for various agencies spanning Kasich’s administration to “marginalize” opponents by teaming up with “allied” corporations, including Halliburton, business groups and media outlets.

Now more records have been released and they show Kasich may very well be caught up in a cover-up.

The Columbus Dispatch was told by Kasich’s spokesman that “the governor’s office had never seen the plan.” However, an additional document released today casts very serious doubts about this claim.

Wayne Struble, Kasich’s Director of Policy, sent out an invitation to eight of Kasich’s most senior staffers to a meeting on “State-Land Leasing – Strategy and Communications” on 8/20/12. This is nearly identical to the title of the original memo: “Oil & Gas State Lands Leasing: Draft Outline for Communication Plan (8/20/12)”. The only other invited guests were top officials from the agency responsible for the memo, the Ohio Department of Natural Resources (ODNR).

Among the Kasich staff invited were:

• Kasich Communication Director Scott Milburn
• Chief of Staff Beth Hansen
• Senior Advisor Jai Chabria
• Former Director of Legislative Affairs Matt Carle (now Kasich’s campaign manager)
• Former policy advisor Craig Butler (now Kasich’s Ohio EPA Director)

The meeting request was received in the same Ohio Department of Natural Resources (ODNR) public records request by the Sierra Club as the original memo.

“John Kasich is a bully. He’s looking more like Ohio’s answer to Chris Christie,” said ProgressOhio Executive Director Brian Rothenberg. “First came the plans to make life tough for those that disagree with him and now the endless staff cover-ups.”

More About The Original Fracking Conspiracy Memo: The communication plan states that efforts to frack in Ohio’s state parks “will be met with zealous resistance by environmental activist opponents, who are skilled propagandists.” It sets out a comprehensive strategy to “marginalize” those on a lengthy fracking P.R. hit list, including the Sierra Club, Ohio Environmental Council, OMBWatch.org and state legislators. The document then lists “current and potential” allies in this effort, including the Governor’s Office, JobsOhio, Ohio EPA, Ohio Department of Health, Halliburton, Chamber of Commerce, Youngstown Vindicator, and several other news outlets.

Communications document available here. Labeled “Draft Outline for Communication Plan (8/20/12)”, it was buried among a sea of records given to the Sierra Club by the Ohio Department of Natural Resources in response to a public information request. The stated intent of the plan is to “build understanding, foster support, counter opponents’ criticism and minimize public concerns about the initiative (to drill on public lands.)” (The legislature passed HB133 which allows for such drilling in June 2011.)

The plan claims neutral parties, such as “ordinary citizens concerned about their families’ health”, will be “vulnerable to messaging by opponents that the initiative represents dangerous and radical state policy by Gov. Kasich.” It claims opponents will be emotional and aggressive; legally and physically halt drilling; create public panic about perceived health risks; slant news coverage against us (Kasich Administration); and blue the public perception of ODNRs regulatory role.”

“What is outrageous is that the document both recognizes the regulatory role of ODNR and then goes on to list the very organizations it regulates as allies in their propaganda campaign to drill in state parks,” said Brian Rothenberg, Executive Director of ProgressOhio. “It is bad enough that corporations influence policy through ALEC and Citizens United, but these are full-stop Nixonian tactics.”

In a later section the plan says one of its three objectives is to “marginalize the effectiveness of communications by adversaries about the initiative.”

“This is an unprecedented collusion between oil and gas companies and the agencies that regulate them. This isn’t just bad news for our parks and forests, its bad news for our democracy,” Brian Kunkemoeller, Sierra Club Ohio Chapter Conservation Program Coordinator.

Astonishingly, the document contains a Nixonian-type hit list of opponents, said Rothenberg. Listed as ODNR adversaries are:

Among the non-governmental allies listed are:

“It is simply astonishing that the agency tasked with protecting the environment would see Halliburton as a friend and the Sierra Club as an enemy,” said Deb Nardone, Director of the Sierra Club Beyond Natural Gas Campaign. “It’s shocking to see an orchestrated P.R. hit job in black and white.”

Katherine McFate, President and CEO of the Center for Effective Government, which operates OMB Watch, one of the groups targeted in the plan, stated, “There are valid concerns about fracking, which the plan seems to disregard. A recent Associated Press investigation found documented cases of water contamination from fracking in Ohio, and other studies have shown a link between earthquakes and the drilling practice, including one in Youngstown in late 2011. The Ohio DNR should be spending its time and resources wisely, protecting citizens from real harm rather than denying known risks.”

MORE at Progress Ohio.
 
UPDATE: NE Ohio Reps. call for House investigation on 2012 fracking plan

Cleveland.com, 2-18-14: “COLUMBUS — Whether Democratic Reps. Bob Hagan and Nickie Antonio were included in an “Nixonian hit list” compiled by the Ohio Department of Natural Resources or a benign list of fracking opponents, the two legislators agree they want answers.

Published on Ecowatch by Stefanie Spear | February 16, 2014 8:15 am | Comments

Public documents reveal a plan by the Ohio Department of Natural Resources (ODNR), the agency responsible for regulating fracking in Ohio, to work with “allied” groups to promote the controversial drilling technique in state parks. The “allied” groups named were both fracking industry and state regulatory bodies alike, drawing new criticisms to what many people have been calling Gov. Kasich’s agenda to have his own way with the state’s public funds and resources.

The document, Oil & Gas State Lands Leasing: Draft Outline for Communication Plan, was uncovered by Program Coordinator for the Ohio Chapter of the Sierra Club Brian Kunkemoeller after making a public records request. It outlines a PR initiative from August 2012 to “encourage support” to stakeholders and the public for fracking in state parks and forests, and proactively counter “zealous resistance by environmental activist opponents, who are skilled propagandists.”

After reading the 13-page document, Kunkemoeller was gravely concerned as the ODNR seemed to be acting like a marketing firm for the oil and gas industry instead of the agency charged with regulating oil-and-gas drilling in Ohio to protect human health and the environment.

“This is an unprecedented collusion between oil and gas companies and the agencies that regulate them. This isn’t just bad news for our parks and forests, it’s bad news for our democracy,” said Kunkemoeller.

The document refers to stakeholders and key influencers, and refers to adversarial opinion leaders as “‘eco-left’ pressure groups” and goes on to say under the communications obstacles and constraints header, “opponents will attempt to create public panic about perceived health risks” and “opponents’ proxies in the media will slant news coverage against us.”

The third of three communication objectives in the document states, “Marginalize the effectiveness of communications by adversaries about the initiative.”

The ODNR goes as far as saying in the PR document that “this initiative could blur public perception of ODNR’s regulatory role in oil and gas,” and will require “precise messaging and coordination” to eliminate confusion.

Eleven “opposition groups and forums” are listed in the document, including the Ohio Sierra Club, Rep. Robert Hagan (D-Youngstown) and Rep. Nickie Antonio (D-Lakewood).

“Clearly we need answers to find out if the public trust has been compromised on behalf of big gas and oil,” Rep. Antonio said upon a first look at the documents. “I take my responsibility to be a steward of Lake Erie and clean and safe parks very seriously. I am stunned to find that perhaps the fox is actually in the henhouse.”

The PR memo refers to allied parties as “supporters/participants of economic/oil & gas development in Ohio” and states it will “minimize impact of adversaries on neutral audiences (e.g., neutralize adversaries’ public health risk claims).”

The document states that the ODNR would lead the efforts and coordinate with the governor’s office, with JobsOhio focused on the job-creation angle.

According to the Columbus Dispatch, the PR plan was never officially implemented and Kasich spokesman Rob Nichols said that the governor’s office had never seen the plan.

Sources say, additional documents are to be released at a ProgressOhio press event on Monday revealing the Governor’s involvement in the communications document and how Gov. Kasich’s department conspired with industry on drilling in state parks.

A second press event will take place at the Ohio Statehouse on Tuesday where Representatives Hagan and Antonio will discuss how the Kasich administration’s cozy relationship with the oil and gas industry is putting corporate interests over the public concerns of safety and job opportunities with regard to fracking in state parks.

“As a state legislator, it is my duty to advocate for the safety and health of our constituents and to respond to their concerns by raising questions and demanding answers,” Rep. Hagan said.

“The oil and gas industry would love nothing more than to sweep those concerns under the rug, and it appears that they have enthusiastic partners in Governor Kasich and the ODNR.”

And from Athens News, Area Officials, Legislators Level Criticism Over Frack PR Scandal 2-19-14

 
Asked how this study can be reconciled with Dr. Ingraffea’s research on methane emissions from U.S. gas extraction and distribution, Dr. Ingraffea responded,

Asked how the study contributes to an understanding of methane leakage and what can be done about it, Dr. Ingraffea stated:
“It once again indicates that industry and the EPA have been underestimating, when we all should have been out there measuring, BEFORE setting energy policy. However, I disagree with the assertion that a significant dent can be made in methane emissions quickly and cheaply by an industry that refuses to accept that their estimates have been wrong. Ratepayers will have to pay to fix leaking infrastructure, IF the industry is forced to make the fixes, and, given the brief 20-year period we have left to DECREASE CO2eq emissions, such fixes will not be in time. They just make the ‘bridge’ too long in time.”

Eight Farmers and Residents Block K&H Driveway for Local Control Over Injection Wells

Eight farmers and local business leaders blocked the driveway leading to a fracking waste disposal site operated by K&H Partners of West Virginia on Saturday, Feb. 1, National Freedom Day. The eight held a banner reading “Our Water, Our Lives! Their Poison, Their Lies!” and forced at least two trucks carrying toxic frack waste to divert during the two hour rally. The blockade was supported by more than 150 Torch, Coolville, and Athens residents of all ages. Many dressed in “hazmat” suits and carried large skulls, which waved above the crowd.

The eight were arrested by the Athens County Sheriff’s Office and charged with trespassing. Observers described the arrests as calm and dignified. The eight were quickly processed and released on their own recognizance with summons to appear in court Monday 3 Feb 2014.

Holding a banner that read “Our Water, Our Lives! Their Poison, Their Lies!” these Athens County residents stopped frack waste trucks from entering the site for hours, turning away several trucks during the 3-hour action.  They want K&H and the ODNR to revoke a recent injection well permit for a second K&H well on the site. They and the many hundreds of supporters, including Athens County Commissioners and Athens City Council, are calling for a ban on injection wells in Ohio and in Athens County specifically.

Currently the Troy Township site contains a single Class II injection well and associated waste tanks owned and operated by K&H; the current well injects an average of 2,098 barrels of toxic frack waste per day. The permit being appealed would allow the drilling of a second well on the same property; which would receive an additional 4,000 barrels per day or more. The two wells are located 1.7 miles from the Hocking, 2.2 miles from the Ohio River, and 2.2 miles from Coolville Elementary School. 53% or more of the waste will come from other states with stronger regulations than Ohio, based on ODNR statistics for current frackwaste dumping in the state.

The permit is under appeal by the Athens County Fracking Action Network, following a unanimous vote in December by the Athens City Council and the Athens County Commissioners to oppose the permitting of the second well.

“I have done everything a citizen is supposed to do to implore elected leaders to protect my community” explained Christine Hughes, owner of the Village Bakery and several other businesses, “I cannot stand by while farmers are forced to accept toxic drilling waste and destruction of their property and property values.”

Michelle Ajamian, owner of a local grain mill, concurred: “I have lived in rural Athens County since 1976.  Both my children were born, schooled, and raised here. I’m willing to face arrest now to prevent the permanent contamination of our water in the future. I worry about what just happened in West Virginia, happening here.”

“I’ve spoken against fracking and injection wells with my mouth, pen, phone, and keyboard, only to receive no response from Ohio’s legislators. It’s now my conviction that it’s time for me to speak with my very body,” said local pastor M. Smiles Welch of Athens.

“Our very way of life is being threatened by unsafe, short sighted practices.” said mill employee and father Sean Pavlac. “Our water sources are in danger of being contaminated by hazardous and in many cases, radioactive waste.”

“I’m 43 and have lived in Athens since 1993.  I raised my two children here. We ALL need clean water, air and land.” said Liz Florentine, Village Bakery employee.

The ralliers spoke and sang for three hours on a beautiful day welcomed by all after weeks of frigid weather, although the unseasonable 50 degree temperatures were not lost on those who spoke against fossil fuel burning and the high cost of fracking to climate stability. More than one speaker addressed the extremely high methane emissions associated with fracking and methane’s potency as a greenhouse gas. Methane is 75-100 times more potent than CO2 at the 20-year time frame. CO2 emissions from fracking are also significant, making fracking worse than coal for climate. Ever seen a solar spill? We had one Saturday.

Rally organizers include members of Appalachia Resist and the Athens County Fracking Action Network. Further information, including an in-depth timeline of the legal battle over the K&H 2 well, can be found at acfan.org.

Athens News and Athens Messenger covered the story, the latter including quotes from six of the eight arrestees’ quotes (to be uploaded here soon) and a video and photos.

UPDATES: The eight were arraigned on Monday, witnessed by a full court room of supporters, some of whom stayed to rally by the Courthouse through the snowy morning. The pretrial hearing is scheduled for Monday, Feb. 24 at 8 a.m. at the Athens Municipal Court, second floor of the City building on E. Washington St., Athens.

See you the meet-up locations. Please be prompt. Wear waterproof boots. Check forecast for appropriate attire for the afternoon. Thank you for joining in solidarity with the community!