>From my father-in-law. This is not quite the "spin" I have been hearing
from West Virginia news sources. Over 80 % of Massey's "penalties" will
be tax deductible?
JBK
>>> "Bob Elliott" <rdelliott(a)socal.rr.com> 12/12/2011 1:21 AM >>>
Subject: NYT #1 (Uhlmann - For 29 Dead Miners, No Justice)
<http://www.nytimes.com/> <http://www.nytimes.com/> The New York
Times <http://www.nytimes.com/>
_____
December 9, 2011
For 29 Dead Miners, …
[View More]No Justice
By DAVID M. UHLMANN
Ann Arbor, Mich.
EARLY on April 5, 2010, in the heart of West Virginia
<http://topics.nytimes.com/top/reference/timestopics/subjects/c/coal/index.h…>
coal country, a huge explosion killed 29 workers at
<http://topics.nytimes.com/top/news/business/companies/massey-energy-company…>
Massey Energy’s Upper Big Branch Mine. Later that day, President Obama
directed Labor Secretary Hilda L. Solis to conduct “the most thorough
and comprehensive investigation possible” and to work with the Justice
Department to investigate any criminal violations.
On Tuesday, the Labor Department issued a 972-page report on the
calamity — the nation’s worst mining disaster in 40 years. It
concluded that Massey’s “unlawful policies and practices” were the
“root cause of this tragedy.” It identified over 300 violations of
the Mine Safety and Health Act, including nine flagrant violations that
contributed to the explosion.
The scathing findings probably came as no surprise in West Virginia,
where Massey had a well-earned reputation for putting miners at risk,
breaking unions and polluting the environment.
However, what jumped off the pages for me, as a former federal
prosecutor, was the revelation that Massey had kept two sets of books at
the mine: one for internal use, which recorded hazards, and a second for
Mine Safety and Health Administration inspectors, which did not. In
addition, Massey routinely gave its facilities advance notice of
inspections, which is a crime under federal law, and intimidated its
workers so that they would not report safety and health violations.
Based on the Labor Department’s investigation, the Justice Department
could have criminally prosecuted Massey under the Mine Safety and Health
Act for the violations that caused the explosion. Prosecutors also could
have charged the company with conspiracy and obstruction of justice for
the ways it thwarted regulation.
Instead, on the same day the devastating report was released, the
Justice Department announced that it would not criminally prosecute
Massey. The news release issued by the United States attorney
misleadingly described its nonprosecution agreement with Massey’s new
owners as “the largest ever criminal resolution in a mining
investigation.”
Let’s be clear: this is not a criminal resolution. Massey will not be
charged with any crimes and will not plead guilty before a federal
judge. Nor will there be a sentencing hearing where Massey apologizes to
the families of the victims and is punished for its crimes.
The deal with Massey continues a disturbing trend whereby corporations
can avoid criminal prosecution by entering deferred prosecution or
nonprosecution agreements. Often the terms of these agreements are no
better than what could have been achieved in a criminal case; worse,
they create the appearance that justice can be bought.
Moreover, there is less to this settlement than meets the eye. The $209
million settlement requires payment of $35 million in previously
assessed administrative penalties, but that sum includes just $10.8
million for the Upper Big Branch Mine tragedy. The remaining $174
million is likely to be tax deductible, including $80 million for
investments in safety and infrastructure at Massey mines and an
additional $48 million to establish a mine health and safety trust fund.
Even the most laudable aspect of the deal — the agreement to pay
$46.5 million in restitution to the families of the victims — is
illusory. Massey already had agreed to pay $16.5 million to settle
lawsuits brought by the families. The remaining $30 million will be paid
into a fund for future settlements, which effectively caps the amount
the families can recover. And, to add insult to injury, the Justice
Department agreed that Massey would admit no wrongdoing.
So why did the Justice Department respond so timidly?
Perhaps it felt hamstrung by the weakness of the criminal provisions of
the Mine Safety and Health Act, which are misdemeanors and cover only
willful violations of health and safety standards. It is long past time
for Congress to update our mine safety laws so that violations can be
prosecuted as felonies, particularly in cases where miners are killed.
Maybe the Justice Department wanted to reward the new owners, who
appear to have made a greater commitment to safety. It may also have
felt it would be enough to criminally prosecute Massey officials, which
it can and should do if there is sufficient evidence.
We should not underestimate, however, the difficulty of prosecuting
high-ranking officials in large corporations. This case may be an
exception, but senior corporate officers rarely have sufficient personal
involvement to be charged with crimes. To reach the boardroom, where
policies are formed that can lead to tragedy, we must be willing to hold
corporations criminally responsible.
During my 17 years at the Justice Department, we prosecuted
corporations criminally in hundreds of cases that, while serious, did
not involve the tragic loss of life at the Upper Big Branch Mine. The
Justice Department did not live up to its name in agreeing not to
prosecute Massey for its crimes. We can only hope that when it comes to
the other unfathomable disaster that took place in April 2010, the BP
<http://topics.nytimes.com/top/reference/timestopics/subjects/o/oil_spills/g…>
oil spill in the Gulf of Mexico, justice will be better served.
<http://web.law.umich.edu/_facultybiopage/facultybiopagenew.asp?ID=385>
David M. Uhlmann, a law professor at the University of Michigan, was
chief of the environmental crimes section at the Justice Department from
2000 to 2007.
[View Less]
---------- Forwarded message ----------
From: Dave Cooper <davecooper928(a)yahoo.com>
Date: Thu, Dec 8, 2011 at 2:13 PM
Subject: Location for Mountain Justice Spring Break Camp; March 2012
To: Vivian Stockman <vivian(a)ohvec.org>, Carol Warren <cwarren1(a)citlink.net>,
Cindy Rank <clrank2(a)gmail.com>, Bob Hamburg <anomalous(a)citilink.net>, Bob
Henry Baber <wvapoet(a)richwoodwv.com>, Denise Poole <deniseap(a)earthlink.net>,
Julian Martin <martinjul(…
[View More]a)aol.com>, Kathryn Stone <XKatwalkx(a)aol.com>, Janet
Keating <janet.ovec(a)gmail.com>, katey lauer <
katey.lauer(a)theallianceforappalachia.org>, Winter Ross <wintersweb(a)gmail.com>,
Frank Young <fyoung(a)mountain.net>, John McFerrin <johnmcferrin(a)aol.com>,
Chuck Wyrostock <wyro(a)appalight.com>, Jim Sconyers <jimscon(a)gmail.com>,
Wally Eve Mastropaolo <wemast5(a)juno.com>, Bev Braverman <mwa(a)mtwatershed.com>,
Mimi Filippelli <mimi(a)coalfieldjustice.org>
Hi all,
We are looking for a location to hold the Mountain Justice Spring Break
(MJSB) camp in northern WV in mid-March 2012. This year's camp will focus
on the mt top removal AND fracking issues and we hope to bring together
activists from PA and the northeast states working on fracking issues
together with the MTR activists in WV, KY VA etc.
MJSB will be mostly college students, mostly from out of state. Last year
MJSB was in Alabama.
We have not yet found a location for the camp. We want to be close to MTR,
fracking and/ or strip mining sites.
Here is what we are looking for:
* Space that can hold about 100 people for 1 week.
* We need a big main lodge room (preferably) that is heated for speakers
and workshops
* Need a pretty big kitchen and dining room.
* Place for people to sleep. Some can sleep in tents, some can sleep on
the floor. We cant afford to rent anything very nice - about $1000-2000
will be our budget for lodging/facility rental for the whole week.
* We want to cook our own food; we cant afford to pay any camp staff to
cook (and their food is usually not very good anyways).
* They have to be willing to host us - some of the church camps etc. are a
little nervous about Mountain Justice because we are such very scary people
In other words, something like the Folklife Center (Pipestem) would be
ideal; it just needs to be in the northern part of the state.
If anyone has any ideas for a location, please email me back. We hope to
work with OVEC and WVHC and CRMW and other groups on this camp (speakers
needed!) but we are still in the early planning stages.
Boy Scout/Girl Scout/Church Camp/Band Camp/4-H Camp would all probably work
OK.
Even a church building would probably work OK, if they would let us sleep
there.
Ive put in an inquiry to Camp Mountaineer (Boy Scouts) already. If anyone
can tell me about Camp Pioneer 4-H camp that would be appreciated also.
The Mountain Institute is a possibility - Ive talked to them in the past -
but seems like a long shot.
Wheeling or Morgantown or heck, maybe even Parkersburg? Ideally we would
be closer to Pittsburgh.
Thanks everyone.
Dave Cooper
The Mountaintop Removal Road Show
www.mountainroadshow.com
--
Jim Sconyers
jimscon(a)gmail.com
304.698.9628
Remember, Mother Nature bats last.
[View Less]
- BUSINESS<http://online.wsj.com/public/search?article-doc-type=%7BBusiness%7D&HEADER_…>
- DECEMBER 8, 2011
Exxon Declares Gas King Abundant Fuel Expected to Dethrone Coal as Top U.S.
Power Generator by 2025
By TOM FOWLER<http://online.wsj.com/search/term.html?KEYWORDS=TOM+FOWLER&bylinesearch=true>
Natural gas will replace coal as the leading fuel for generating
electricity in the U.S. by 2025, when it will also become the world's No. 2
overall fuel source thanks to …
[View More]its abundance and a drive for cleaner-burning
energy, according to the latest long-term outlook from Exxon
Mobil<http://online.wsj.com/public/quotes/main.html?type=djn&symbol=XOM>Corp.
Bloomberg News
An XTO natural-gas facility in 2006. Exxon expects gas to be the No. 2
global fuel source by the next decade.
The closely watched study, set to be released Thursday, forecasts that
global energy demand will grow about 30% by 2040 as the world population
climbs to nine billion from seven billion.
Natural gas will overtake coal as the second-largest fuel source overall,
ranking behind oil and powering everything from electrical plants to
home-heating systems. But Exxon said coal use will continue to grow through
2025 around the world, primarily in developing nations such as China and
India and the African continent, because economic growth will be fastest in
emerging nations.
But thereafter coal use will start to drop, for the first time in history,
according to the study, which Exxon uses to help its long-range planning.
Key drivers in that expected drop in coal use will be growing demand for
fuels that produce fewer greenhouse gases and a decline in China's
population expected after 2030.
Exxon in recent years has moved to expand its natural-gas business,
including the $25 billion purchase of U.S. shale-gas producer XTO Energy in
2010.
[image: [EXXON]]
But the report isn't a public-relations exercise, said Bill Colton, Exxon's
vice president of corporate strategic planning, who oversees the report.
"It's not about the future Exxon might like to see, but what we think will
happen," Mr. Colton said. "The last thing we want to do is delude ourselves
about the future."
Exxon has created a world-energy outlook for decades to help guide its many
business units in long-term planning, but it wasn't until 2004 that the oil
major, based in Irving, Texas, decided to publish it.
The report doesn't predict energy production or forecast prices.
The report is bullish on overall global economic growth and accompanying
energy-demand growth through 2040, Mr. Colton said, in spite of the
economic problems in the U.S. and Europe. Energy-demand growth in developed
nations is expected to be modest in coming years and actually fall 2%
overall from 2010 to 2040, thanks largely to efficiency improvements, Exxon
predicts.
But developing nations will see energy demand grow 57% through 2040, with
demand for electricity expected to grow by 80% as the standard of living
improves, the report projected.
The report also predicts that between 2030 and 2040 hybrid vehicles—cars
that use a combination of gasoline engines and electric motors—will move
from the margins of the market to the mainstream, from about 1% of the
current fleet to more than 40% in 2040.
Overall vehicle-fuel efficiency will grow from 27 miles per gallon in 2010
to 48 mpg in 2040, according to Exxon. This will lead to a flattening of
fuel demand for passenger cars despite a doubling of the fleet to 1.6
billion vehicles by 2040.
Demand for fuel by large trucks, airplanes, ships and trains will rise by
70% from 2010 to 2040, however, driven by world economic growth and the
need to move more global cargo. Global demand for diesel is expected to
rise by 85% through 2040, while gasoline demand will be down 10% by 2040.
--
William V. DePaulo, Esq.
179 Summers Street, Suite 232
Charleston, WV 25301-2163
Tel 304-342-5588
Fax 304-342-5505
william.depaulo(a)gmail.com
www.passeggiata.com
[View Less]
Science News
Save<http://www.sciencedaily.com/releases/2011/12/111207132916.htm?utm_source=fe…>
Email<http://www.sciencedaily.com/releases/2011/12/111207132916.htm?utm_source=fe…>
Print<http://www.sciencedaily.com/releases/2011/12/111207132916.htm?utm_source=fe…>
Share<http://www.sciencedaily.com/releases/2011/12/111207132916.htm?utm_source=fe…>
Solar Power Much Cheaper to Produce Than Most Analysts Realize, Study
Finds
ScienceDaily (Dec. 7, 2011) — The public is …
[View More]being kept in the dark about
the viability of solar photovoltaic energy, according to a study conducted
at Queen's University.
------------------------------
**
"Many analysts project a higher cost for solar photovoltaic energy because
they don't consider recent technological advancements and price
reductions," says Joshua Pearce, Adjunct Professor, Department of
Mechanical and Materials Engineering. "Older models for determining solar
photovoltaic energy costs are too conservative."
Dr. Pearce believes solar photovoltaic systems are near the "tipping point"
where they can produce energy for about the same price other traditional
sources of energy.
Analysts look at many variables to determine the cost of solar photovoltaic
systems for consumers, including installation and maintenance costs,
finance charges, the system's life expectancy, and the amount of
electricity it generates.
Dr. Pearce says some studies don't consider the 70 per cent reduction in
the cost of solar panels since 2009 . Furthermore, he says research now
shows the productivity of top-of-the-line solar panels only drops between
0.1 and 0.2 percent annually, which is much less than the one per cent used
in many cost analyses.
Equipment costs are determined based on dollars per watt of electricity
produced. One 2010 study estimated the this cost at $7.61, while a 2003
study set the amount at $4.16. According to Dr. Pearce, the real cost in
2011 is under $1 per watt for solar panels purchased in bulk on the global
market, though he says system and installation costs vary widely.
Dr. Pearce has created a calculator program available for download online
that can be used to determine the true costs of solar energy.
The Queen's study was co-authored by grad students Kadra Branker and
Michael Pathak and published in the December edition of *Renewable and
Sustainable Energy Reviews.*
--
Paul Wilson
Sierra Club
504 Jefferson Ave
Charles Town, WV 25414-1130
Phone: 304-725-4360
Cell: 304-279-1361
"There is no forward until you have gone back" ~Buddha
"In all things of nature there is something of the marvelous" ~ Aristotle
[View Less]
Folks - Wanted to share these great stickers with you. Can print out on
Avery labels. Wouldn't it be cool to start seeing them .....?
---------- Forwarded message ----------
From: Orli Cotel <orli.cotel(a)sierraclub.org>
Date: Tue, Dec 6, 2011 at 9:25 PM
Subject: Beyond Coal stickers
To: COAL-CAMPAIGN-ALERTS(a)lists.sierraclub.org
Hi Coal-fighters,
We've created some new stickers that can be used for the campaign if these
are helpful to you - see attached. The image of the boy with …
[View More]the inhaler is
a child named Peter from Chicago who lives near the coal plant there and
has asthma - his mother gave us permission to use his image for these
stickers. I hope these help bring inspiration for the hard work ahead -
when we fight to replace coal plants with clean energy we are helping to
protect kids like Peter everywhere.
I'm attaching a file - these can be printed out on Avery labels in an
office printer or at Kinkos. The exact size of the labels for each version
is found at the bottom of each PDF page.
Thanks for all that you're doing to help us move beyond coal!
Best,
Orli
--
Orli Cotel
Deputy Communications Director
Sierra Club
(415) 977-5627 office
(646) 522-7751 cellphone
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - To
unsubscribe from the COAL-CAMPAIGN-ALERTS list, send any message to:
COAL-CAMPAIGN-ALERTS-signoff-request(a)LISTS.SIERRACLUB.ORG Check out our
Listserv Lists support site for more information:
http://www.sierraclub.org/lists/faq.asp To view the Sierra Club List Terms
& Conditions, see: http://www.sierraclub.org/lists/terms.asp
--
Jim Sconyers
jimscon(a)gmail.com
304.698.9628
Remember, Mother Nature bats last.
[View Less]
WOW!!!!
Global investment in new electric generation facilities from renewables exceeded fossil fuels for the first time in 2010:
$187 billion for wind, sun, waves and biomass versus $157 billion for natural gas, oil and coal. (Bloomberg New Energy Finance).
Investment in renewables in developing nations will exceed that in developed countries (Europe, US and China) by 2020.
Electricity from solar power will be cheaper than natural gas by 2015, and cheaper than coal by 2020 (MIT).
Does this …
[View More]mean that the coal industry in WV will collapse within 10 years?
JBK
>>> Vickie Wolfe <ibtreehugger(a)gmail.com> 12/1/2011 9:18 PM >>>
In case you haven't seen this:
http://thinkprogress.org/romm/2011/11/26/376250/clean-energy-renewable-powe…
--
````````````````````````````````````````````````````
Vickie L. Wolfe
PHONE: (304) 744-8777
E-MAIL: IBTreehugger(a)gmail.com
````````````````````````````````````````````````````
"It is horrifying that we have to fight our own government to save our
environment." -Ansel Adams
Read *Hot, Flat and Crowded* by Tom Friedman.
[View Less]
fyi, paul
---------- Forwarded message ----------
From: Fran Hunt <fran.hunt(a)sierraclub.org>
Date: Fri, Dec 2, 2011 at 11:04 AM
Subject: Learning Too Late of Perils in Gas Well Leases
To: CONS-AWL-RESILIENT-HABITATS(a)lists.sierraclub.org
[image: image.png]
Jared Ely near gas wells leased on his family's land near Dimock, Pa. His
father, Scott,
says the leases should have been clearer.
DRILLING DOWN
Learning Too Late of Perils in Gas Well Leases
Ruth Fremson/The New York …
[View More]Times
By IAN URBINA<http://topics.nytimes.com/top/reference/timestopics/people/u/ian_urbina/ind…>
and JO CRAVEN McGINTY<http://topics.nytimes.com/top/reference/timestopics/people/m/jo_craven_mcgi…>
Published: December 1, 2011
After Scott Ely and his father talked with salesmen from an energy company
about signing the lease allowing gas drilling on their land in northeastern
Pennsylvania, he said he felt certain it required the company to leave the
property as good as new.
So Mr. Ely said he was surprised several years later when the drilling
company, Cabot Oil and Gas, informed them that rather than draining and
hauling away the toxic drilling sludge stored in large waste
ponds<http://www.nytimes.com/interactive/2011/12/02/us/oil-and-gas-leases.html#br…>
on the property, it would leave the waste, cover it with dirt and seed the
area with grass. He knew that waste pond liners can leak, seeping
contaminated waste.
“I guess our terms should have been clearer” about requiring the company to
remove the waste pits after drilling, said Mr. Ely, of Dimock, Pa., who
sued Cabot after his drinking water from a separate property was
contaminated. “We learned that the hard way.”
Americans have signed millions of leases allowing companies to drill for
oil and natural gas on their land in recent years. But some of these
landowners — often in rural areas, and eager for quick payouts — are
finding out too late what is, and what is not, in the fine print.
Energy company officials say that standard leases include language that
protects landowners. But a review of more than 111,000 leases, addenda and
related documents by The New York
Times<http://www.nytimes.com/interactive/2011/12/02/us/oil-and-gas-leases.html>
suggests otherwise:
¶ Fewer than half the leases require companies to compensate landowners for
water contamination after drilling begins. And only about half the
documents have language that lawyers suggest should be included to require
payment for damages to livestock or
crops<http://www.nytimes.com/interactive/2011/12/02/us/oil-and-gas-leases.html#br…>
.
¶ Most leases grant gas companies broad rights to decide where they can cut
down trees, store chemicals, build roads and drill. Companies are also
permitted to operate generators and spotlights through the night near homes
during drilling.
¶ In the leases, drilling companies rarely describe to landowners the
potential environmental and other risks that federal laws require them to
disclose in filings to investors.
¶ Most leases are for three or five years, but at least two-thirds of those
reviewed by The Times allow
extensions<http://www.nytimes.com/interactive/2011/12/02/us/oil-and-gas-leases.html#br…>
without additional approval from landowners. If landowners have second
thoughts about drilling on their land or want to negotiate for more money,
they may be out of luck.
The leases — obtained through open records requests — are mostly from
gas-rich areas inTexas<http://www.nytimes.com/interactive/2011/12/02/us/oil-and-gas-leases.html#br…>,
but also in Maryland<http://www.nytimes.com/interactive/2011/12/02/us/oil-and-gas-leases.html#br…>
, New York<http://www.nytimes.com/interactive/2011/12/02/us/oil-and-gas-leases.html#br…>
, Ohio<http://www.nytimes.com/interactive/2011/12/02/us/oil-and-gas-leases.html#br…>
, Pennsylvania<http://www.nytimes.com/interactive/2011/12/02/us/oil-and-gas-leases.html#br…>
and West Virginia<http://www.nytimes.com/interactive/2011/12/02/us/oil-and-gas-leases.html#br…>
.
In Pennsylvania, Colorado and West Virginia, some landowners have had to
spend hundreds of dollars a month to buy bottled water or maintain large
tanks, known as water buffaloes, for drinking water in their front yards.
They said they learned only after the fact that the leases did not require
gas companies to pay for replacement drinking water if their wells were
contaminated, and despite state regulations, not all costs were covered.
Thousands of landowners in Virginia, Pennsylvania and Texas have joined
class action lawsuits claiming that they were paid less than they expected
because gas companies deducted
costs<http://www.nytimes.com/interactive/2011/12/02/us/oil-and-gas-leases.html#br…>
like hauling chemicals to the well site or transporting the gas to market.
Some industry officials say the criticism of their business practices is
misguided. Asked about the waste pits on Mr. Ely’s land in Pennsylvania,
for example, George Stark, a Cabot spokesman, said the company’s cleanup
measures met or exceeded state requirements. And the door-to-door salesmen,
commonly known as landmen, who pitch the leases on behalf of the drilling
companies also dismiss similar complaints from landowners, and say they do
not mislead anyone.
*The Sales Pitch*
“There are bad leases out there, and, as with any industry, there have also
been some unscrupulous opportunists,” said Mike Knapp, president of Knapp
Acquisitions and Production, a company in western Pennsylvania that brokers
deals between landowners and drilling companies. “But everyone I know who
does this work is on the up and up, and most of the bad actors that there
may have been before are no longer in business.”
He said that his company’s leases ensure that landowners will get
replacement water. The company also encourages landowners to visit an
existing drilling site before signing a lease to get an idea of the
potential noise and truck traffic. Some of the complaints about leases, he
said, are just sour grapes from landowners who are envious about the amount
of money they believe their neighbors are earning in bonuses and royalties.
To be sure, many landowners have earned small fortunes from drilling
leases. Last year, natural gas companies paid more than $1.6 billion in
lease and bonus payments to Pennsylvania landowners, according to a report
commissioned by the Marcellus Shale Coalition, an industry trade group.
Chesapeake Energy, one of the largest natural gas companies, has paid more
than $183.8 million in royalties in Texas this year, according to its Web
site <http://www.chk.com/Pages/default.aspx>.
Much of the money has gone to residents in rural areas where jobs are
scarce and farmers and ranchers have struggled to stay afloat. Mr. Ely once
worked for a company owned by Cabot on drilling sites in his area, until he
was fired shortly after publicly complaining about Cabot’s drilling
practices.
But many landowners and lawyers say that gas companies are intentionally
vague in their contracts and use high-pressure sales tactics on landowners.
If you’ve never seen a good lease, or any lease, how are you supposed to
know what terms to try to get in yours?” said Ron Stamets, a drilling
proponent and a Web site developer in Lakewood, Pa., who started a consumer
protection Web site, PAGasLease.com <http://pagaslease.com/>, in 2008 so
that he could swap advice with his neighbors as he prepared to sign a gas
lease. Others have also taken steps to better inform landowners about the
details in leases. In the past several years, the attorneys general in New
York, Ohio and Pennsylvania have published advisories about the pitfalls of
leasing land for drilling.
State regulations also provide protections to landowners above and beyond
what is in their leases.
At least eight states specifically require companies to compensate
landowners for damage to their properties or to negotiate with them about
where wells will be drilled, even if the lease does not provide those
protections.
Asked about the leases, officials from Exxon Mobil, the largest natural gas
producer in the United States, declined to comment.
*Protecting Landowners*
Jim Gipson, a spokesman for Chesapeake Energy, said any claims of
damage can be investigated by the state and federal authorities and, he
added, noise or other disturbances that may come with drilling tend to be
brief.
“The most frequently asked question we receive from our mineral owners is,
‘When are you going to drill my well?’ ” he said.
Mr. Gipson said that most leased properties do not end up having a well
placed on them, so those leases do not need added protections. But some
consumer advocates and lawyers say that protections are needed for all
leased properties, even those without wells, because drilling may occur
underneath them. These advocates also say that landowners’ eagerness to
start earning royalties has made them vulnerable to deceptive tactics by
landmen.
“We’re in town until tomorrow,” the landmen typically say, according to
interviews with more than two dozen landowners in Ohio, Texas and
Pennsylvania. “We have already signed up all your neighbors.”
The landmen then claim that if you do not sign right away you will miss out
on easy income because other drillers will simply pull the gas from under
your property using a well nearby.
Some landmen show up in poorer areas shortly before the holidays, offering
cash on the spot for signing a lease. They might offer thousands of dollars
per acre as a bonus to be paid shortly after the lease is signed.
Royalties, which usually run between 12.5 percent and 20 percent of what
the companies make for selling the gas, can mean tens of thousands of
dollars per year for landowners.
Jack Richards, president of the American Association of Professional
Landmen <http://www.landman.org/wcm/aapl/>, said his members follow a
strict code of ethics. His organization also encourages landowners to ask
questions before they sign leases, he said.
“We promote open and honest communication between the landman and landowner
before signing the lease,” he said, adding that the standard lease forms
are written with some protections for landowners.
Some leases, however, also include language that comes back to haunt
landowners.
“I thought I knew what the sentence meant,” said Dave Beinlich, describing
a section that said that “preparation” to drill was enough to allow Chief
Oil and Gas to extend the duration of his lease.
In 2005, Mr. Beinlich and his wife, Karen, signed a lease for $2 an acre
per year for five years on 117 acres in Sullivan County in north-central
Pennsylvania. They soon realized they had gotten far less money than their
neighbors, so they planned on negotiating a new lease when theirs expired
in 2010.
A day before their lease term ended, no well had been drilled on their
land, but the gas company parked a bulldozer nearby and started to survey
an access road. A company official informed them that by moving equipment
to the site, Chief Oil and Gas was preparing to drill and was therefore
allowed to extend the lease indefinitely.
The Beinlichs have sued. Kristi Gittins, a vice president at Chief Oil and
Gas, says that the company does not comment on pending litigation, but that
its goal is to produce gas and it makes an honest attempt to develop the
land it leases.
Lease contracts work both ways,” she added. “Chief honors the terms of its
lease contracts, and we expect the landowners who have signed the lease
contract to honor the terms of the contract as well.”
But lawyers say that drilling leases are not like other contracts.
“You’re not buying a refrigerator or signing a car note,” said David
McMahon, a lease lawyer in Charleston, W.Va., and co-founder of the West
Virginia Surface Owners’ Rights Organization <http://www.wvsoro.org/>,
adding that once a well is drilled, it can produce gas for decades, locking
landowners into the lease terms.
“With a gas lease, you’re permitting industrial activity in your backyard,
and you’re starting a relationship that will affect the quality of living
for you and your grandchildren for decades,” he said.
Mr. McMahon and other lease lawyers say that unlike many contracts, oil and
gas leases are covered by few consumer protection laws, in part because
drilling has been most common in states with less regulation.
*Clauses With Consequences*
“When it comes to negotiation skills and understanding of lease terms,
there is a gaping inequality between the average landman and the average
citizen sitting across the table,” said Chris
Csikszentmihalyi<http://www.media.mit.edu/people/csik>,
a researcher at the Massachusetts Institute of Technology who created a Web
site last year called the Landman Report
Card<http://www.landmanreportcard.com/> that
allows landowners to review landmen’s professionalism and tactics.
Some lawyers also say that there are major differences between what
drilling companies tell landowners and what they must disclose to investors.
Under federal law, oil and gas companies must offer investors and federal
regulators detailed descriptions of the most serious environmental and
other risks related to drilling. But leases typically lack any mention of
such risks.
In New York, the duration of leases has been an especially contentious
issue.
As leases near expiration, some gas companies try to extend them, often by
invoking “force majeure,” a legal term referring to an unforeseen event
that prevents the two sides from fulfilling an agreement.
In these instances, gas companies say the unforeseen event is the state’s
repeated delays in releasing environmental regulations and issuing drilling
permits.
Force majeure clauses<http://www.nytimes.com/interactive/2011/12/02/us/oil-and-gas-leases.html#br…>
appear
in as many as half the roughly 3,200 New York leases reviewed by The Times.
Another important lease term is the Pugh
Clause<http://www.nytimes.com/interactive/2011/12/02/us/oil-and-gas-leases.html#br…>,
said Lance Astrella, a lease lawyer in Denver. It is named after Lawrence
Pugh, a Louisiana lawyer who started adding it to leases in 1947 to ensure
that they would not be extended indefinitely without wells being drilled.
Fewer than 20 percent of the more than 100,000 Texas leasing
documents reviewed by The Times include such a clause, and very few of the
leases from Maryland, New York, Ohio, Pennsylvania and West Virginia
include the language. While the leases collected by The Times represent a
small fraction of the more than 8 million oil and gas leases in the United
States, experts said they illustrated issues that landowners need to
understand.
Mr. Astrella said that leases also typically lacked a clause requiring
drillers to pay for a test of the property’s well
water<http://www.nytimes.com/interactive/2011/12/02/us/oil-and-gas-leases.html#br…>
before
drilling started, and landowners often do not think to do the tests
themselves. If drilling leads to problems with drinking wells, landowners
have few options if they want to prove that their water was fine before
drilling started.
For some landowners, it can be a costly mistake.
“It’s been one expense after another since our water went bad, and the
company only has to cover part of it,” said Ronald Carter, 72, of Montrose,
Pa. Mr. Carter and his wife, Jean, said they signed a lease in 2006 for a
one-time fee of $25 per acre on their 75 acres andannual royalty
payments<http://www.nytimes.com/interactive/2011/12/02/us/oil-and-gas-leases.html#br…>
of
12.5 percent.
The Carters live on $3,500 a month, including the $1,500 per month they
average in gas royalties. But they had to spend $7,000 to install a water
purifier when their drinking supply became contaminated in 2009 after
drilling near their property.
The Carters joined a lawsuit with about a dozen neighbors, including Mr.
Ely, accusing Cabot Oil and Gas of contaminating their drinking water.
Mr. Stark, the Cabot spokesman, said that his company was not responsible
for any water contamination in the area and that Cabot’s studies showed
that the gas seepage into the drinking water was occurring naturally.
“All the testing we have been able to conduct show the water meets federal
safe drinking water standards,” Mr. Stark said.
In 2009, Pennsylvania ordered Cabot to provide the affected residents with
water. For the Carters, the company has paid for bottled water and for the
installation of a water buffalo next to their trailer. Mr. Stark added that
his company had offered to pay for treatment systems to remove gas if
it leaked into their drinking water.
Mr. Carter said that even though Cabot had paid to provide him with bottled
water and a water buffalo, he can barely afford his electricity bill, which
doubled because he has to heat the water buffalo to make sure it does not
freeze.
Those expenses may soon go up.
On Wednesday, Cabot stopped delivering water to the Carters, the Elys and
others in Dimock after state regulators said the company had satisfied
requirements of a settlement agreement with the state.
“It’s a little late now,” Mr. Carter said. “But there are a lot things I’d
like to have done different with that lease.”
Jeremy Ashkenas and Kitty Bennett contributed research.
--
*Frances A. Hunt*
Director, Resilient Habitats Campaign
Sierra Club
50 F Street, NW
Washington, DC 20001
fran.hunt(a)sierraclub.org
202-675-2386
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - To
unsubscribe from the CONS-AWL-RESILIENT-HABITATS list, send any message to:
CONS-AWL-RESILIENT-HABITATS-signoff-request(a)LISTS.SIERRACLUB.ORG Check out
our Listserv Lists support site for more information:
http://www.sierraclub.org/lists/faq.asp
--
Paul Wilson
Sierra Club
504 Jefferson Ave
Charles Town, WV 25414-1130
Phone: 304-725-4360
Cell: 304-279-1361
"There is no forward until you have gone back" ~Buddha
"In all things of nature there is something of the marvelous" ~ Aristotle
[View Less]
fyi, paul
---------- Forwarded message ----------
From: Fran Hunt <fran.hunt(a)sierraclub.org>
Date: Mon, Nov 21, 2011 at 3:55 PM
Subject: Key vote cancelled for Delaware River watershed gas drilling
To: CONS-AWL-RESILIENT-HABITATS(a)lists.sierraclub.org
The New Jersey Sierra Club reported that there are 10,000 leases on hold in
the basin that could move forward if the regulations are adopted. The
National Park Service estimates 35,000 wells eventually could be
constructed....
Anti-…
[View More]drilling forces claim victory in delay of Commission vote
TRENTON, N.J. (AP) - A multistate agency that has spent years developing
regulations for natural gas drilling in the Delaware River watershed
abruptly canceled a key vote scheduled for Monday after two members
announced their opposition.
The Delaware River Basin Commission said Friday it was postponing a vote on
hydraulic fracturing, or fracking, to give the agency's five commissioners
more time to review the draft regulations.
Pennsylvania Gov. Tom Corbett said he was disappointed by the latest delay,
which he said happened because commission members disagreed on the
regulation package. The DRBC said no new date had been set.
"Pennsylvania is ready to move forward now," Corbett said in a statement
released Friday. "We have demonstrated a willingness to compromise and to
address issues brought forth by other members of the commission. We have
worked with our commission partners in good faith, and it is disappointing
to not have these efforts reciprocated."
But New York's Attorney General, Eric Schneiderman, said an environmental
risk-assessment is needed to win public confidence and ensure that the
commission's actions are based on science.
"This delay further demonstrates that the proposed regulations for fracking
in the Delaware River Basin are not ready to see the light of day,"
Schneiderman said in a statement Friday. "Without a full, fair and open
review of the potential risks of fracking in the basin, the public will
continue to question the federal government's ability to protect public
health and environment."
The federal Environmental Protection
Agency<http://www.stargazette.com/article/20111118/NEWS11/111180321/Key-gas-drilli…>
is
studying the effects of fracking, with a draft report due next year.
The postponement of a vote came hours after Delaware Gov. Jack Markell told
fellow commissioners he would not support the regulations because of
concerns over drinking water protections. Earlier, New York announced it
would vote no. New Jersey and Pennsylvania had not announced how they would
vote, but it was believed both would vote yes.
With two Democrats prepared to reject the rules and two Republicans
signaling their support, passage would have been left to the fifth member,
the Army Corps of Engineers. It's not known how the federal agency was
planning to vote.
The rules need three votes to pass, though the commission had hoped for
unanimous, bipartisan support.
Environmentalists saw victory in the delay, claiming an erosion of support
by the commission.
However, Marcellus Shale Coalition President Kathryn Klaber said she
remained hopeful that the commission would adopt "common-sense regulations
aimed at responsibly developing clean-burning, job-creating American
natural gas in the region."
Fracking involves injecting water, sand and chemicals into a gas well to
crack surrounding shale thousands of feet underground so trapped natural
gas can flow into the well. Environmentalists fear it could result in
contamination of drinking water supplies. Because of that fear, New York
regulators are proposing to ban fracking in the New York City and Syracuse
watersheds.
New York state has had a moratorium on fracking since regulators started an
extensive environmental review in 2008. The state is now holding hearings
on proposed regulations, which, if approved, could allow drilling next year.
"We hope to work with DRBC to develop a regulatory program that reflects
New York's 3½ years of study," said Emily DeSantis, spokeswoman for New
York state's Department of
EnvironmentalConservation<http://www.stargazette.com/article/20111118/NEWS11/111180321/Key-gas-drilli…>
.
New Jersey Gov. Chris Christie rejected legislation permanently banning
fracking.
The Democratic-controlled Legislature has not taken action on his
recommendation for a one-year moratorium, though they may try to override
the governor before recessing in mid-December.
New Jersey has no Marcellus shale, so its interest in the issue revolves
around water quality<http://www.stargazette.com/article/20111118/NEWS11/111180321/Key-gas-drilli…>
.
Christie's office declined to comment Friday.
The commission manages water use for the Delaware River Basin, and
environmentalists say the drilling would threaten drinking water for 15
million people.
The proposed rules would allow 300 natural gas wells in the Delaware River
Basin, followed by a commission review before more are phased in. The
eventual total could reach many thousands of wells.
The New Jersey Sierra Club reported that there are 10,000 leases on hold in
the basin that could move forward if the regulations are adopted. The
National Park Service estimates 35,000 wells eventually could be
constructed.
Pennsylvania already allows drilling outside the watershed area.
Environmental groups have gathered more than 73,000 signatures on a
petition opposing drilling in the watershed.
--
*Frances A. Hunt*
Director, Resilient Habitats Campaign
Sierra Club
50 F Street, NW
Washington, DC 20001
fran.hunt(a)sierraclub.org
202-675-2386
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - To
unsubscribe from the CONS-AWL-RESILIENT-HABITATS list, send any message to:
CONS-AWL-RESILIENT-HABITATS-signoff-request(a)LISTS.SIERRACLUB.ORG Check out
our Listserv Lists support site for more information:
http://www.sierraclub.org/lists/faq.asp To view the Sierra Club List Terms
& Conditions, see: http://www.sierraclub.org/lists/terms.asp
--
Paul Wilson
Sierra Club
504 Jefferson Ave
Charles Town, WV 25414-1130
Phone: 304-725-4360
Cell: 304-279-1361
"There is no forward until you have gone back" ~Buddha
"In all things of nature there is something of the marvelous" ~ Aristotle
[View Less]
Important reading for Sierra Club, WVEC and others who support the laudable efforts of WVEC lobby team ---
~~~~~~~~~~~~~~~~~~~~~~
http://blogs.wvgazette.com/watchdog/
W.Va. leaders ignored previous audits that warned of the state’s need for more gas drilling inspectors
November 16, 2011 by Ken Ward Jr.
UPDATED: The legislative committee on Marcellus Shale has approved the bill and asked for a special session to consider the measure.
Long-time West Virginia political leaders like Sen. …
[View More]Joe Manchin (above) were making much earlier this week (see here and here) about how the state needs time to get a handle on the Marcellus Shale issue and put a proper regulatory system into place, making it clear they want federal officials to pretty much mind their own business.
But on at least one crucial issue — whether the state Department of Environmental Protection has enough inspectors and other staff to do the job — West Virginia has had nearly 20 years to remedy the problem, and so far as done next to nothing. That’s the bottom line in a story we posted online last night. Headlined, State ignored previous warnings about drilling inspector shortage, the story explains:
Long before most West Virginians had ever heard the words “Marcellus Shale,” outside auditors were warning that the state’s oil and gas regulatory agency was greatly underfunded and severely understaffed.
In December 1993, a review by the Interstate Oil and Gas Compact Commission warned that lack of funding and a shortage of inspectors were among the chronic problems facing the state Department of Environmental Protection’s Office of Oil and Gas.
“The OOG does not have enough inspectors or funding to fully meet its statutory mandate,” said the 98-page review report, written by a team of regulators from other states, industry officials and environmental group representatives.
A decade later, another outside examination found that little had changed. The state oil and gas office still “does not have enough inspectors or funding to fully meet its statutory mandate,” said a 110-page report issued in January 2003.
Don Garvin, lead lobbyist for the West Virginia Environmental Council, commented at Sen. Manchin’s Senate committee field hearing, held in Charleston on Monday:
The best written rule is no good if you don’t have enforcement, if you don’t have inspectors in the field overseeing the operations.
You can read the 1993 review of West Virginia’s oil and gas regulatory program here and the follow-up review done in 2003 here.
__._,_.___
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[View Less]
Subject: U.S. Government Confirms Link Between Earthquakes And Shale Gas
Extr..
If you think the only problems with fracking are water and air pollution,
take a look at this article. you may want to pass this on to the
> Subject: U.S. Government Confirms Link Between Earthquakes And Shale
Gas Extraction | Commodities | Minyanville.com INTERESTING--Mike
>
>
http://www.minyanville.com/businessmarkets/articles/earthquake-natural-gas-…
=
--
Paul Wilson
Sierra Club
504 …
[View More]Jefferson Ave
Charles Town, WV 25414-1130
Phone: 304-725-4360
Cell: 304-279-1361
"There is no forward until you have gone back" ~Buddha
"In all things of nature there is something of the marvelous" ~ Aristotle
[View Less]
fyi, paul
---------- Forwarded message ----------
From: ScienceDaily: Top Environment News <newsletters(a)sciencedaily.com>
Date: Mon, Nov 14, 2011 at 5:21 AM
Subject: ScienceDaily: Top Environment News
To: pjgrunt(a)gmail.com
**
ScienceDaily: Top Environment
News<http://www.sciencedaily.com/news/top_news/top_environment/>
<http://fusion.google.com/add?source=atgs&feedurl=http://feeds.feedburner.co…>
------------------------------
- Climate policies can help …
[View More]resolve energy security and air pollution
challenges <#133a1980156321db_1>
- Rising air pollution worsens drought, flooding, new study
finds<#133a1980156321db_2>
-
Climate policies can help resolve energy security and air pollution
challenges<http://feedproxy.google.com/%7Er/sciencedaily/top_news/top_environment/%7E3…>
Posted: 13 Nov 2011 11:27 AM PST
Policies to protect the global climate and limit global temperature rise
offer the most effective entry point for achieving energy sustainability,
reducing air pollution, and improving energy security, according to a new
article. By adopting an integrated perspective on energy and climate
policy, one that simultaneously addresses three of the key objectives for
energy sustainability, major synergies and cost co-benefits can be realized.
Rising air pollution worsens drought, flooding, new study
finds<http://feedproxy.google.com/%7Er/sciencedaily/top_news/top_environment/%7E3…>
Posted: 13 Nov 2011 11:13 AM PST
Increases in air pollution and other particulate matter in the atmosphere
can strongly affect cloud development in ways that reduce precipitation in
dry regions or seasons, while increasing rain, snowfall and the intensity
of severe storms in wet regions or seasons, says a new study. The research
provides the first clear evidence of how aerosols can affect weather and
climate, with important economic and water resource implications.
You are subscribed to email updates from ScienceDaily: Top Environment
News <http://www.sciencedaily.com/news/top_news/top_environment/>
To stop receiving these emails, you may unsubscribe
now<http://feedburner.google.com/fb/a/mailunsubscribe?k=FnE73EUgOOJXsfXjfcr0UhL…>
. Email delivery powered by Google Google Inc., 20 West Kinzie, Chicago IL
USA 60610
--
Paul Wilson
Sierra Club
504 Jefferson Ave
Charles Town, WV 25414-1130
Phone: 304-725-4360
Cell: 304-279-1361
"There is no forward until you have gone back" ~Buddha
"In all things of nature there is something of the marvelous" ~ Aristotle
[View Less]
Use the link below to get to this 22 page report. fyi, paul
---------- Forwarded message ----------
*From: *Nadine Lymn <Nadine(a)ESA.ORG>
*Date: *November 10, 2011 4:47:22 PM EST
*To: *ECOLOG-L(a)LISTSERV.UMD.EDU
>
The Ecological Society of America has just published another edition of its
Issues in Ecology series.
Air pollution is changing our environment and undermining many benefits we
rely on from wild lands, threatening water purity, food production, and
climate stability, …
[View More]according to a team of scientists writing in the 14th
edition of the Ecological Society of America's Issues in Ecology. In
"Setting Limits: Using Air Pollution Thresholds to Protect and Restore U.S.
Ecosystems," lead author Mark Fenn (USDA Forest Service) and nine
colleagues review current pollution evaluation criteria. The authors
propose science-based strategies to set new limits and put the brakes on
acid rain, algal blooms, and accumulation of toxic mercury in plants and
animals.
Issues in Ecology #14 is available for free as a pdf on ESA's website:
http://esa.org/science_resources/issues/FileEnglish/issuesinecology14.pdf
Nadine Lymn
Director of Public Affairs
Ecological Society of America
1990 M Street, NW
Suite 700
Washington DC 20036
202.833.8773 ext. 205
202.833.8775 Fax
----------------------------------------------
www.facebook.com/esa.org: "Like" the new ESA Facebook page, ask
friends/colleagues to do the same.
http://twitter.com/#!/esa_org: "Follow" ESA on Twitter.
ESA eStore: Now available: "An Ecologist's Guidebook to Policy Engagement."
--
Paul Wilson
Sierra Club
504 Jefferson Ave
Charles Town, WV 25414-1130
Phone: 304-725-4360
Cell: 304-279-1361
"There is no forward until you have gone back" ~Buddha
"In all things of nature there is something of the marvelous" ~ Aristotle
--
Paul Wilson
Sierra Club
504 Jefferson Ave
Charles Town, WV 25414-1130
Phone: 304-725-4360
Cell: 304-279-1361
"There is no forward until you have gone back" ~Buddha
"In all things of nature there is something of the marvelous" ~ Aristotle
[View Less]
---------- Forwarded message ----------
From: Fran Hunt <fran.hunt(a)sierraclub.org>
Date: Sat, Nov 12, 2011 at 2:34 PM
Subject: NYT on Fracking in Pennsylvania gamelands
To: CONS-AWL-RESILIENT-HABITATS(a)lists.sierraclub.org
[image: image.png] Gas Drillers Invade Hunters’ Pennsylvania Paradise
[image: image.png]
·
Ruth Fremson/The New York Times
By KATHARINE Q.
SEELYE<http://topics.nytimes.com/top/reference/timestopics/people/s/katharine_q_se…>
Published: November 11, 2011
…
[View More]
STATE GAME LAND 59, Pa. — For those who have ever stalked deer, turkey and
bear here in “God’s Country” in north central Pennsylvania, this hunting
season is like no other. For one thing, it is louder. The soundtrack of
birds chirping, thorns scraping against a hunter’s brush pants and twigs
crunching underfoot is now accompanied by the dull roar of compressor
stations and the chugging of big trucks up these hills.
Some of this state’s most prized game lands lie atop the Marcellus Shale, a
vast reserve of natural gas. And now more and more drills are piercing the
hunting grounds. Nine wells have cropped up on this one game land of
roughly 7,000 wooded acres in Potter County, and permits have been issued
for 19 more.
An old dirt road that meanders up a ridge here has been widened and
fortified. Acres of aspen, maple and cherry trees have been cut. In their
place is an industrial encampment of rigs, pipes and water-storage ponds,
all to support the extraction of natural gas through hydraulic fracturing,
a process known as fracking.
“Who wants to go into their deer stand in the predawn darkness and listen
to a compressor station?” lamented Bob Volkmar, 63, an environmental
scientist who went grouse hunting the other day through these noisy
autumnal woods. “It kind of ruins the experience.”
Like many hunters, Mr. Volkmar is upset that the State Game
Commission<http://www.pgc.state.pa.us/portal/server.pt/community/pgc/9106>
is giving over more public land to the gas companies, which does not
exactly fulfill the agency’s mission to enhance the hunting experience. The
game lands, as he points out, were bought with the proceeds from licenses
and fees paid by hunters and trappers.
Carl Roe, the Game Commission’s executive director, acknowledges that
drilling “does look ugly” but said that on most well sites, the agency had
no control over drilling-related activities. Although the agency owns 1.4
million acres of game lands, it does not always own the mineral rights
beneath them, so private owners can lease them out to the gas companies, as
is the case with Game Land 59 here. Where the agency owns the mineral
rights, it can and does restrict drilling and construction on certain days
during hunting season.
Mr. Roe also said the agency offsets the losses, which are temporary, by
using money from the gas leases to purchase more game lands; it just bought
a major tract of more than 9,000 acres.
“In the long run,” he said, “this will be a net gain for hunters, not a net
loss.”
Still, the commission had to warn hunters in September to scout their
favorite spots in part because a “dramatic increase in drilling” because of
interest in the Marcellus Shale had disrupted traditional hunting and
trapping areas.
In 2008, the Game Commission received $556,000 in lease payments for
Marcellus wells on game lands; by the end of this year, it expects to have
received more than $18 million. About 50 Marcellus wells have been drilled
on game lands across the state, with permits issued for 148 more.
All this activity has put hunters and drillers in potential conflict.
The Pennsylvania
Independent Oil and Gas
Association<http://www.pioga.org/events/pioga-conference-and-trade-show/>,
representing the industry, and the Unified Sportsmen of
Pennsylvania<http://www.unifiedsportsmenpa.org/>,
which supports the drilling, plan to issue their own advisory.
“We don’t want hunters to use our tanks for target practice or to sit on
top of them,” said Louis D’Amico, president and executive director of the
gas association, which issued a similar statement last year. “We want them
to be especially careful during bear and deer season, because of the long
reach of their rifles.”
Sportsmen are just as divided as others over fracking; they are also
divided over whether it should be allowed on game lands.
Tony Winters, 59, a former conservation officer who had joined Mr. Volkmar
on the grouse hunt, shrugged off the drilling here, saying that these lands
had been cleared before by lumber companies and that clearing them now for
wells will improve the hunting.
Mr. Winters pointed out that clear-cutting of trees leads to forest
regeneration. It also creates more “edge,” the open borders around the
woods. Generally more edge attracts more animals like deer.
As a compressor station hummed in the background, Mr. Winters said that he
was not bothered by the noise and that animals would not perceive it as a
threat. He said there was enough land to accommodate both hunters and
drillers.
Margaret Brittingham, a professor of wildlife resources at Penn State, said
that the full effects of the wells on the flora and fauna were not yet
clear and that she was beginning to study them.
Dr. Brittingham expects that some wildlife populations, like deer, are
expected to increase after the drillers leave, but that songbirds,
salamanders and frogs and other amphibians that help maintain a forest’s
ecological balance are likely to decline.
“You can see these changes on a really local level now,” she said. “But it
will take time to see changes in the larger populations.”
She said she was skeptical that this new “edge” would be helpful, saying,
“it’s more like a parking lot.” But she said such problems could be
minimized if the lands were properly reseeded and reclaimed.
Still, she said, “all the truck traffic is bad for wildlife.”
Human traffic can be a problem, too. During hunting season, the commission
has banned seismic surveying (a labor-intensive process that uses waves to
find the right place to drill).
“They have several crews going in several different directions, so a hunter
can’t get out of the way,” said Michael DiMatteo, chief of environmental
planning and habitat protection for the commission.
Mr. Volkmar and Mr. Winters are also fishermen and members of Trout
Unlimited, which started a coalition last year of a dozen outdoor
recreation and wildlife groups called theSportsmen Alliance for Marcellus
Conservation <http://sportsmenalliance.org/>. It is not opposed to drilling
but seeks better regulations, including erosion-control measures and
setback requirements.
They take samples regularly from local streams to monitor water quality.
They both say that
fracking<http://www.nytimes.com/2011/03/02/us/02gas.html?_r=1&n=Top%2fReference%2fTi…>,
which involves injecting millions of gallons of water, sand and treated
chemicals deep into the gas bed, could lead to water pollution and fish
kills.
So far, no one has found water problems in this immediate area. But others
have detected contamination, including fish kills, elsewhere in the state.
The industry says that fracking itself is safe and that any problems have
been caused by spills or leaks.
The Environmental Protection
Agency<http://topics.nytimes.com/top/reference/timestopics/organizations/e/environ…>
is set to begin a federal
investigation<http://water.epa.gov/type/groundwater/uic/class2/hydraulicfracturing/upload…>
into whether fracking is spoiling the drinking water in various drilling
states, including Pennsylvania.
As for spoiling the land, Bill Ragosta, a wildlife conservation officer for
the Game Commission on Game Land 59, said that the amount of surface
disturbance here was not typical.
“Fortunately most of our game lands are not being bombarded like this,” Mr.
Ragosta said. But even here, he promised, the drilling would soon end, and
reseeding with alfalfa, chicory and clover would bring more deer.
“It seems counterintuitive, especially to people who are opposed to
drilling,” he said. “I don’t know if it’s better or worse for wildlife in
the long run, but it’s not fair to say it’s all black or all white.”
A version of this article appeared in print on November 12, 2011, on page
A12 of the New York edition with the headline: Gas Drillers Invade Hunters’
Pennsylvania Paradise.
--
*Frances A. Hunt*
Director, Resilient Habitats Campaign
Sierra Club
50 F Street, NW
Washington, DC 20001
fran.hunt(a)sierraclub.org
202-675-2386
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--
Paul Wilson
Sierra Club
504 Jefferson Ave
Charles Town, WV 25414-1130
Phone: 304-725-4360
Cell: 304-279-1361
"There is no forward until you have gone back" ~Buddha
"In all things of nature there is something of the marvelous" ~ Aristotle
[View Less]
<I can't do it on Nov. 28, but probably can on Nov. 29. Can you help?>
I just signed up to be a part of a visit to an Obama 2012 office on
November 28th, when people in all 50 states will be visiting campaign
offices to ask President Obama to reject Keystone XL.
Keystone XL is an environmental disaster waiting to happen: it will carry
800,000 barrels a day of the world's dirtiest oil 1500 miles across the
Ogallala aquifer and countless other irreplaceable natural resources. Not
only …
[View More]that, it's the fuse to the largest carbon bomb in North America, the
Alberta tar sands, which if developed could mean 'game over' for the
climate according to NASA scientist James Hansen.
President Obama alone has the authority to block the pipeline - Congress
plays no role. We're asking him to stop this disaster before it happens,
and help us "be the generation that finally frees America from the tyranny
of oil," as he declared when he began his run for president way back in
2008.
By taking one day to visit offices in all 50 states, we'll show the
President that there is a huge amount of support for him to stand up for
his campaign promises and reject this pipeline. Click here to sign up:
http://www.tarsandsaction.org/sign-up
Hoping you can be there with us - we don't have much time to convince the
President to reject the pipeline, and this day will be crucial to do it.
Hope to see you there.
--
Jim Sconyers
jimscon(a)gmail.com
304.698.9628
Remember, Mother Nature bats last.
[View Less]
Have not seen this on any Club emails as yet. fyi, paul
---------- Forwarded message ----------
Date: Wed, Nov 2, 2011 at 1:11 PM
Subject: Fw: Earth Policy Release -- U.S. Carbon Emissions Down 7 Percent
in Four Years
To:
**
[image: Earth Policy Institute]
<http://www.earth-policy.org>
[image: Bookmark and
Share]<http://www.addthis.com/bookmark.php?v=250&pubid=ra-4d6d74824d18a36a&url=htt…>
*
U.S. CARBON EMISSIONS DOWN 7 PERCENT
IN FOUR YEARS:
Even Bigger Drops Coming *…
[View More]
Lester R. Brown
www.earth-policy.org/plan_b_updates/2011/update101
Earth Policy Release
Plan B Update
November 2 , 2011
EMBARGO 12 NOON EDT
Between 2007 and 2011, carbon emissions from coal use in the United States
dropped 10 percent. During the same period, emissions from oil use dropped
11 percent. In contrast, carbon emissions from natural gas use increased by
6 percent. The net effect of these trends was that U.S. carbon emissions
dropped 7 percent in four years. And this is only the beginning.
[image: Graph on U.S. Energy-Related Carbon Dioxide Emissions, 1950-2010,
with Projection for 2011]
The initial fall in coal and oil use was triggered by the economic
downturn, but now powerful new forces are reducing the use of both. For
coal, the dominant force is the Beyond Coal campaign, an impressive
national effort coordinated by the Sierra Club involving hundreds of local
groups that oppose coal because of its effects on human health.
In the first phase, the campaign actively opposed the building of new
coal-fired power plants. This hugely successful initiative, which led to a
near de facto moratorium on new coal plants, was powered by Americans’
dislike of coal. An Opinion Research Corporation poll found only 3 percent
preferred coal as their electricity source -- which is no surprise. Coal
plant emissions are a leading cause of respiratory illnesses (such as
asthma in children) and mercury contamination. Coal burning causes 13,200
American deaths each year, a loss of life that exceeds U.S. combat losses
in 10 years of war in Afghanistan and Iraq.
The campaign’s second phase is dedicated to closing existing coal plants.
Of the U.S. total of 492 coal-fired power plants, 68 are already slated to
close. With current and forthcoming U.S. Environmental Protection Agency
air quality regulations on emissions of mercury, sulfur, and ozone
precursors requiring costly retrofits, many more of the older, dirtier
plants will be closed.
In August, the *American Economic Review* -- the country’s most prestigious
economics journal --
published<http://pubs.aeaweb.org/doi/pdfplus/10.1257/aer.101.5.1649>an
article that can only be described as an epitaph for the coal
industry.
The authors conclude that the economic damage caused by air pollutants from
coal burning exceeds the value of the electricity produced by coal-fired
power plants. Coal fails the cost-benefit analysis even before the costs of
climate change are tallied.
In July 2011, New York Mayor Michael Bloomberg
announced<http://www.mikebloomberg.com/index.cfm?objectid=4D1722F5-C29C-7CA2-FCB63853…>a
grant of $50 million to the Beyond Coal campaign. It is one thing when
Michael Brune, head of the Sierra Club, says that coal has to go, but quite
another when Michael Bloomberg, one of the most successful businessmen of
his generation, says so.
The move to close coal plants comes at a time when electricity use for
lighting will be falling fast as old-fashioned incandescent light bulbs are
phased out. In compliance with the Energy Independence and Security Act of
2007, by January 2012 there will be no 100-watt incandescent light bulbs on
store shelves. By January 2014, the 75-watt, 60-watt, and 40-watt
incandescents will also disappear from shelves. As inefficient
incandescents are replaced by compact fluorescents and LEDs, electricity
use for lighting can drop by 80 percent. And much of the switch will occur
within a few years.
The U.S. Department of Energy projects that residential electricity use per
person will drop by 5 percent during this decade as light bulbs are
replaced and as more-efficient refrigerators, water heaters, television
sets, and other household appliances come to market.
Even as coal plants are closing, the use of wind, solar, and geothermally
generated electricity is growing fast. Over the last four years, more than
400 wind farms -- with a total generating capacity of 27,000 megawatts --
have come online, enough to supply 8 million homes with electricity. (See
data at www.earth-policy.org.) Nearly 300,000 megawatts of proposed wind
projects are in the pipeline awaiting access to the grid.
[image: Graph on Cumulative Installed Wind Power Capacity in the United
States, 1980-2011*]
Texas, long the leading oil-producing state, is now the leading generator
of electricity from wind. When the transmission lines linking the rich wind
resources of west Texas and the Texas panhandle to the large cities in
central and eastern Texas are completed, wind electric generation in the
state will jump dramatically.
In installed wind-generating capacity, Texas is followed by Iowa,
California, Minnesota, and Illinois. In the share of electricity generation
in the state coming from wind, Iowa leads at 20 percent.
With electricity generated by solar panels, the United States has some
22,000 megawatts of utility-scale projects in the pipeline. And this does
not include residential installations.
Closing coal plants also cuts oil use. With coal use falling, the near 40
percent of freight rail diesel fuel that is used to move coal from mines to
power plants will also drop.
In fact, oil use has fallen fast in the United States over the last four
years, thus reversing another long-term trend of rising consumption. The
reasons for this include a shrinkage in the size of the national fleet, the
rising fuel efficiency of new cars, and a reduction in the miles driven per
vehicle.
Fleet size peaked at 250 million cars in 2008 just as the number of cars
being scrapped eclipsed sales of new cars. Aside from economic conditions,
car sales are down because many young people today are much less
automobile-oriented than their parents.
In addition, the fuel efficiency of new cars, already rising, will soon
increase sharply. The most recent efficiency standards mandate that new
cars sold in 2025 use only half as much fuel as those sold in 2010. Thus
with each passing year, the U.S. car fleet becomes more fuel-efficient,
using less gasoline.
Miles driven per car are declining because of higher gasoline prices, the
continuing recession, and the shift to public transit and bicycles.
Bicycles are replacing cars as cities create cycling infrastructure by
building bike paths, creating dedicated bike lanes, and installing sidewalk
parking racks. Many U.S. cities, including Washington, D.C., Chicago, and
New York, are introducing bike-sharing programs.
Furthermore, when people retire and no longer commute, miles driven drop by
a third to a half. With so many baby boomers now retiring, this too will
lower gasoline use.
As plug-in hybrid and all-electric cars come to market, electricity will
replace gasoline. An
analysis<http://harvardmagazine.com/2011/07/time-to-electrify>by
Professor Michael McElroy of Harvard indicates that running a car on
wind-generated electricity could cost the equivalent of 80-cent-a-gallon
gasoline.
With emissions from coal burning heading for a free fall as plants are
closed, and those from oil use also falling fast -- both are falling faster
than emissions from natural gas are ramping up -- U.S. carbon emissions are
falling.
We are now looking at a situation where the 7 percent decline in carbon
emissions since the 2007 peak could expand to 20 percent by 2020, and
possibly even to 30 percent. If so, the United States could become a world
leader in cutting carbon emissions and stabilizing climate.
# # #
Data and additional resources available at www.earth-policy.org.
Lester R. Brown is president of the Earth Policy Institute and author of *World
on the Edge <http://www.earth-policy.org/books/wote>*.
*Feel free to pass this information along to friends, family members, and
colleagues!*
*Follow us on:*
[image: EPI Fan Page] <http://www.facebook.com/EarthPolicyInstitute> [image:
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*Media Contact:
*Reah Janise Kauffman
(202) 496-9290 ext. 12
rjk(a)earthpolicy.org
*Research Contact:
*Matt Roney
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jmroney(a)earthpolicy.org
*Earth Policy Institute*
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---
You are currently subscribed to public as: newviv(a)roadrunner.com
To unsubscribe send a blank email to
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--
Paul Wilson
Sierra Club
504 Jefferson Ave
Charles Town, WV 25414-1130
Phone: 304-725-4360
Cell: 304-279-1361
"There is no forward until you have gone back" ~Buddha
"In all things of nature there is something of the marvelous" ~ Aristotle
[View Less]
fyi, renewables are winning 55% to whatever oil is getting! vote away,
paul
---------- Forwarded message ----------
From: Dan Ritzman <dan.ritzman(a)sierraclub.org>
Date: Thu, Nov 3, 2011 at 4:47 PM
Subject: Arctic Refuge FW: It's up-- Vote away
To: #arctic(a)sierraclub.org, #Conservation-Habitats(a)sierraclub.org
I have no idea where usnews got that picture at the top of the article but
it certainly isn’t the Refuge. Alas, still worth voting!****
** **
*From:* Virginia Cramer […
[View More]mailto:virginia.cramer@sierraclub.org]
*Sent:* Thursday, November 03, 2011 1:13 PM
*To:* #Land; Dan Ritzman
*Subject:* It's up-- Vote away****
** **
The US News & World Report "debate" is on-- Please go vote for Dan's
response and spread this around.
****
http://www.usnews.com/debate-club/is-it-time-to-drill-in-the-arctic-refuge**
**
** **
- ginny****
** **
Is It Time to Drill in the Arctic Refuge?****
The Arctic National Wildlife Refuge, commonly known as ANWR, is a
19-million acre national wildlife preserve in northeast Alaska. The United
States Geological Survey estimates that there could be anywhere between 7.7
and 11.8 billion gallons of technically recoverable oil underneath the
surface of the refuge.****
The drilling controversy in ANWR centers on a specific, 1.5 million acre
area on the northern coastal plain known as the 10-02 area. While this area
comprises a relatively small part of the whole refuge, it contains an
important calving ground for Porcupine caribou, which have been a
significant part of the lives of native Alaskans in the area for thousands
of years.****
In 1977, the Trans-Alaska Pipeline System was completed, and
conservationists began a campaign to keep oil prospecting out of ANWR.
Three years later, President Jimmy Carter signed the Alaska National
Interest Lands Conservation Act, which designated 104 million acres in
Alaska as national parks and wildlife refuge. The act allowed for drilling
in ANWR, but not without Congress’s approval first. The Exxon-Valdez spill
temporarily derailed potential drilling in ANWR in 1989, but seven years
later the Republican-majority House and Senate voted to allow drilling in
the refuge. President Clinton vetoed the bill, but the battle over ANWR
raged on in Congress throughout the next decade with President George W.
Bush pushing to perform exploratory drilling in the area.****
Rapidly rising energy costs and a weak economy have caused Congress to
again investigate the possibility of drilling in ANWR. Is it time to
starting drilling in the Arctic Refuge? Here is the Debate Club’s take:****
** **
--
Paul Wilson
Sierra Club
504 Jefferson Ave
Charles Town, WV 25414-1130
Phone: 304-725-4360
Cell: 304-279-1361
"There is no forward until you have gone back" ~Buddha
"In all things of nature there is something of the marvelous" ~ Aristotle
[View Less]
Coal's Woes Run Deeper than EPA Regs Competitive, Labor Issues Hurt
Production
Ken Silverstein <http://www.energybiz.com/author/ken-silverstein> | Sep 28,
2011
[image: Share/Save]<http://www.addtoany.com/share_save#url=http%3A%2F%2Fwww.energybiz.com%2Fart…>
<http://www.energybiz.com/article/11/09/coals-woes-run-deeper-epa-regs&utm_m…>
In Central Appalachia, coal’s potential troubles are running much deeper
than the proposed environmental regulations. Both public and …
[View More]private
reviews note a reduction in production, citing not just pending federal
rules but also increased competition and the depletion of the most
recoverable deposits.
The coal companies concur, saying that development could migrate to regions
with more accessible reserves and a lower cost of production. And while the
easy target is the U.S. Environmental Protection Agency that wants to cut
toxic emissions, all are acknowledging that the process is more labor
intensive and therefore less profitable. That’s because the coal there is
much harder dig out, leaving surface mining as the only other possibility
-- an even more controversial technique.
“Based on historical trend, most of the supply reduction is likely to be
permanent,” says Arch
Coal<http://www.faqs.org/sec-filings/100222/ARCH-COAL-INC_8-K/c56417exv99w1.htm>in
a quarterly assessment. “The 2008-2010 drop is shaping up to be the
largest fall-off in production yet,” in reference to Central Appalachia.
That production is shifting westward, it says, citing statistics that
Central Appalachia annual coal development could fall from around 200
million tons today to 99 million tons by 2035; a decade ago it was 300
million tons.
The U.S. Energy Information Administration
<http://www.eia.gov/forecasts/aeo/MT_coal.cfm>agrees, saying that Central
Appalachian coal has “higher cost reserves” that have already been
“extensively mined.” That will result in more production from western
states, and potentially 1 percent more a year between 2015-2035.
In this country, most of the coal comes from Wyoming, West Virginia and
Kentucky. Wyoming provides about 41 percent of U.S. coal production, which
is an increase from 18 percent two decades earlier. Today, the roughly 443
million tons of coal mined from the Wyoming
Powder<http://205.254.135.24/energy_in_brief/role_coal_us.cfm>River
Basin is shipped to 34 states, including those in the east. With an
expanding rail transportation network, coal emanating from that area could
flourish. It’s also easier to mine.
Underground mining is one issue. Surface mining, or mountaintop mining, is
another that comes with regulatory impediments. Specifically, proposed EPA
rules would restrict the ability of mining companies to toss aside debris
by setting tougher water quality standards. It would require buffer zones
around the streams while requesting mining enterprises to move in phases so
that they can better monitor their environmental footprints.
Economic Diversification
What to do? U.S. senators from coal-producing states are trying to stop the
EPA in its tracks, saying that the livelihoods of the affected citizens
would be harmed. But perhaps the longer range view would be the diversification
of the economies
t<http://www.washingtonpost.com/business/ap-enterprise-drastic-declines-ahead…>here,
and for them to become net exporters of other fuels.
In fact, the Marcellus Region
<http://www.marcellusfacts.com/pdf/homegrownenergy.pdgoo>that stretches
down the east coast is estimated to hold as much as 500 trillion cubic feet
of shale gas. Penn State University says that such assets would create
200,000 jobs and the American Chemical Council says that 12,000
chemical-related jobs would be formed in West Virginia alone.
By comparison, the coal mining industry in all of Appalachia employs 31,000
people, says the National Mining Association <http://www.nma.org/>. As
production falls there and as EPA regs kick in, that number will decline.
“The increased competition from other sources of coal and energy has
negatively impacted production in Central Appalachia, illustrating that the
existence of coal reserves does not guarantee that the coal will be
economical to produce or competitive with other regions,” says a
report by Downstream
Strategies<http://www.downstreamstrategies.com/documents/reports_publication/Downstrea…>.
“The declining competitiveness is due in large part to the increased cost
of producing coal in Central Appalachia, for both surface and underground
mining.”
The Morgantown, WV-based consulting firm goes on to say that if West
Virginia and other Central Appalachian states are to cope with a perpetual
decline in coal production, policy makers will need to ensure that new jobs
and fresh sources of tax revenue become available.
It is cautioning against an over-reliance on shale gas, noting the
associated water quality issues surrounding it as well as a history of
volatile natural gas prices. The firm is therefore concluding that the
region needs to promote renewable energy. It is suggesting a renewable
portfolio standard whereby utilities would have to supply a quarter of
their power from green sources by 2025.
Blaming coal’s woes on the proposed environmental regulations tells only a
fraction of the story. The rest can be explained by competition from other
coal states as well as from cheaper and cleaner fuels. That makes the
labor-intensive pursuit for coal in Central Appalachia a tougher sell and
the need for fuel diversity there more essential than ever.
EnergyBiz Insider has been been nominated in 2010 and 2011 for Best Online
Column by Media Industry News, MIN. Ken Silverstein has also been named one
of the Top Economics Journalists by Wall Street Economists.
Follow Ken on www.twitter.com/ken_silverstein
energybizinsider(a)energycentral.com
--
William V. DePaulo, Esq.
179 Summers Street, Suite 232
Charleston, WV 25301-2163
Tel 304-342-5588
Fax 304-342-5505
william.depaulo(a)gmail.com
www.passeggiata.com
[View Less]
And Congress doesn't want the EPA to regulate this stuff.
On Tue, Nov 1, 2011 at 10:35 AM, Bill Price <bill.price(a)sierraclub.org> wrote:
http://www.jsonline.com/multimedia/photos/132962423.html#id_58603378
Bill Price, Organizing Representative
Sierra Club
Environmental Justice Program
Beyond Coal to Clean Energy Campaign
Phone: 304-389-8822 (Cell)
Email: bill.price(a)sierraclub.org
--
Vernon Haltom
Executive Director, Coal River Mountain Watch
304-…
[View More]854-2182
www.crmw.net
[View Less]
---------- Forwarded message ----------
From: Edward Mainland <emainland(a)comcast.net>
Date: Sun, Oct 30, 2011 at 6:28 PM
Subject: Solar Power 2011 - Solar PV Breaks Records in 2010
To: CONS-SPST-GLOBALWARM-CHAIRS(a)lists.sierraclub.org
*
Solar Power 2011 - Solar PV Breaks Records in 2010 *
J. Matthew Roney
*www.earth-policy.org/indicators/C47/solar_power_2011*<http://www.earth-policy.org/indicators/C47/solar_power_2011>
Earth Policy Release
Eco-Economy Indicator
October 27,…
[View More] 2011
Solar photovoltaic (PV) companies manufactured a record 24,000 megawatts of
PV cells worldwide in 2010, more than doubling their 2009 output. Annual PV
production has grown nearly 100-fold since 2000, when just 277 megawatts of
cells were made. Newly installed PV also set a record in 2010, as 16,600
megawatts were installed in more than 100 countries. This brought the total
worldwide capacity of solar PV to nearly 40,000 megawatts—enough to power
14 million European homes.
Made of semiconductor materials, PV cells convert solar radiation directly
into electricity. Rectangular panels consisting of numerous PV cells can be
linked into arrays of various sizes and power output capabilities—from
rooftop systems measured in kilowatts to ground-mounted arrays of hundreds
or even thousands of megawatts. (One megawatt equals 1,000 kilowatts.)
There are two main types of PV—traditional crystalline silicon and newer
thin-film PV. In 2010, crystalline silicon production was more than double
the output of 2009, accounting for over 80 percent of all PV produced.
While thin-film production did not keep pace, it still grew by more than 60
percent. First Solar, a U.S. firm, maintained its leadership role in
thin-film production, accounting for over 40 percent of world output, most
of it produced in Malaysia.
Data provided to Earth Policy Institute by GTM Research show that Chinese
manufacturers again dominated the global industry in 2010, with close to
11,000 megawatts of PV cell production. (See data at
*www.earth-policy.org*<http://www.earth-policy.org/>.)
This was the seventh consecutive year in which China at least doubled its
PV output. Taiwan was a distant second with 3,600 megawatts produced,
followed by Japan with 2,200 megawatts, Germany with 2,000 megawatts, and
the United States with 1,100. The top five countries thus accounted for 82
percent of total world PV production.
While Germany ranks fourth in solar cell manufacturing, it towers above all
other countries in terms of actual electricity generation from solar
panels. Germany has widened its lead in this category each year since
overtaking Japan in 2004 and, after adding 7,400 megawatts in 2010, now
boasts 17,200 megawatts of installed PV. This is more than 40 percent of
global capacity and over four times the 3,800 megawatts in Spain, the
number two country. PV in Germany now generates enough electricity to meet
the power demand of some 3.4 million German homes.
Japan installed close to 1,000 megawatts of new PV capacity in 2010. It is
the third-ranked country in installed PV, with a total of 3,600 megawatts.
As solar adoption accelerates in Japan, its national target of 28,000
megawatts by 2020 may be easily surpassed, especially as the country weighs
energy alternatives following the March 2011 Fukushima nuclear disaster.
By nearly doubling its total PV power capacity in 2010, Italy vaulted past
the United States to claim the fourth position in the world solar rankings,
with 3,500 megawatts. With an expected 8,000 megawatts of new PV in 2011,
likely overtaking Germany in new installations, Italy will have already
exceeded its official 2020 goal of 8,000 megawatts. Enel, Italy's leading
utility, sees the country reaching 30,000 megawatts by 2020—enough to
satisfy half of its current residential electricity needs.
PV capacity in the United States also saw strong growth in 2010, increasing
by more than 50 percent to reach 2,500 total megawatts. California, which
now has more than 1,000 megawatts connected to the grid, again led all
states in new PV installations. But a number of other states, including New
Jersey, Nevada, and Arizona, are ramping up their solar capacity as well,
driven by programs and incentives at the state and federal levels.
Until very recently, China's status as PV manufacturing powerhouse had not
translated into much solar generation at home, as panels were seen as too
expensive in the domestic market. While the vast majority of Chinese-made
PV is sent abroad, a growing government commitment to increasing solar
power as part of the energy mix is now catalyzing substantial PV capacity
gains. Total installed PV in China grew 140 percent to nearly 900 megawatts
in 2010. This was the first full year for the national Golden Sun program,
which covers half the investment and grid connection costs of a solar
project. It is expected to result in at least 1,000 megawatts of new
installations each year after 2012.
Furthermore, in August 2011 China's main economic planning agency announced
it was implementing a national PV feed-in tariff. This policy tool, now
used by more than 60 countries, is behind most of the PV already installed
worldwide. A feed-in tariff typically guarantees generators of renewable
electricity a long-term purchase price for each kilowatt-hour they produce
and "feed into" the grid, providing a powerful incentive for installing
such systems. Together the Golden Sun program and the new feed-in tariff
are likely to push China's PV capacity to at least double again in 2011—and
may help explain why the country's solar power targets for 2015 and 2020
have reportedly risen to 10,000 and 50,000 megawatts, respectively.
Although the cost of PV has fallen substantially over the decades,
solar-generated electricity is not yet widely price-competitive with
electricity generated by heavily subsidized fossil fuels. If the full cost
of burning fossil fuels, including health effects and the costs of climate
change, were incorporated into the price of electricity, PV would quickly
be revealed as one of the least expensive sources of power.
As system costs continue to drop, the PV landscape is evolving to include
not only traditional small-scale PV installations but also utility-scale
parks of tens, hundreds, or even thousands of megawatts. An 80-megawatt PV
park completed in Canada in 2010 was the world's largest until September
2011, when a newly-expanded PV complex of close to 150 megawatts in
northeastern Germany claimed the title. As of late 2011, the United States
had 48 PV projects of 100 megawatts or more in the pipeline, including a
5,000-megawatt park to be sited on degraded farmland in California's San
Joaquin Valley. At peak generation, this solar facility's electricity
output would rival that of five large nuclear power plants.
Multi-megawatt projects are also under development in India as part of the
National Solar Mission that was announced in late 2009. Though the country
had just 100 megawatts of installed PV capacity at the end of 2010, the
goal is for some 22,000 megawatts of solar power—half PV and half
concentrating solar power—to be installed by 2022. The western state of
Gujarat alone plans to have 3,000 megawatts installed by 2015.
Part of the National Solar Mission's PV expansion is destined for rural
areas where millions lack access to electricity. As is the case in many
other developing countries, there is vast potential in India for PV to
provide power in places without an electric grid. Installing small solar
systems on homes is often much less expensive than building a central power
plant, with the added benefit of greatly reducing indoor air pollution from
kerosene lamps.
Industry analysts forecast that some 21,000 megawatts of PV will be
installed globally in 2011. This would be a marked slowdown from the
doubling of the market in 2010, but the pool of countries with rising
demand for PV still continues to grow. New markets such as Slovakia and the
United Kingdom are among the 20 countries expected to add 100 megawatts or
more in 2011, up from 13 countries in 2010.
As PV costs drop, as concerns about climate change grow, and as countries
look to replace finite fossil fuels with energy sources that can never run
out, the growth in solar power should continue. The potential is
practically without limit: a *2011 article published in **Energy
Policy*<http://www.stanford.edu/group/efmh/jacobson/Articles/I/JDEnPolicyPt1.pdf>shows
that solar PV deployed in suitable locations could generate 30 times
the electricity currently produced worldwide.
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - To
unsubscribe from the CONS-SPST-GLOBALWARM-CHAIRS list, send any message to:
CONS-SPST-GLOBALWARM-CHAIRS-signoff-request(a)LISTS.SIERRACLUB.ORG Check out
our Listserv Lists support site for more information:
http://www.sierraclub.org/lists/faq.asp
--
Jim Sconyers
jimscon(a)gmail.com
304.698.9628
Remember, Mother Nature bats last.
[View Less]
Below is a link to the PDF report (30 pages) on the cost of carbon. Looks
useful......
---------- Forwarded message ----------
From: Tim Guilfoile <tim.guilfoile(a)sierraclub.org>
Date: Sun, Oct 30, 2011 at 12:54 PM
Subject: Economists estimate comprehensive cost of greenhouse gas emissions
To: COAL-CAMPAIGN-ALERTS(a)lists.sierraclub.org
[image: image.png]
http://www.e3network.org/papers/Climate_Risks_and_Carbon_Prices_executive_s…
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Tim Guilfoile
Deputy Director
Sierra Club Water …
[View More]Sentinels
3078 Elmwood Dr.
Edgewood, KY 41017
(859) 426-1978
tim.guilfoile(a)sierraclub.org
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Paul Wilson
Sierra Club
504 Jefferson Ave
Charles Town, WV 25414-1130
Phone: 304-725-4360
Cell: 304-279-1361
"There is no forward until you have gone back" ~Buddha
"In all things of nature there is something of the marvelous" ~ Aristotle
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EDITORIAL:
Push Hard on Coal Ash Bill in Senate
October 27, 2011
By The Intelligencer , The Intelligencer / Wheeling News-Register
Senate Majority Leader Harry Reid probably will view a newly introduced bill as one more opportunity to stymie conservatives. Reid, D-Nev., probably hopes the Democrat Party discipline on which he usually is able to count will stop the bill.
But the measure - the Senate version of a bill passed overwhelmingly by the House of Representatives - is too …
[View More]important to be viewed as a matter of Democrats vs. Republicans.
Sens. Joe Manchin and Jay Rockefeller, both D-W.Va., view it that way. They understand the bill, introduced in the House by Rep. David McKinley, R-W.Va., is necessary to prevent the Environmental Protection Agency from killing more jobs and driving up electricity prices even more.
McKinley's bill calls for reasonable regulations on coal ash created at many power plants. The EPA wants much harsher new rules.
Three other Democrat senators joined Manchin and Rockefeller in sponsoring the Senate version of the bill. Both Mountain State lawmakers view it as a bipartisan effort.
Still, they will have to work hard to overcome opposition almost certain to come from Reid and liberals in the Senate. We urge them to make the bill a top priority so it passes with a majority strong enough to overcome the veto President Barack Obama has threatened.
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Perhaps this could be used for letters to McKinley, Manchin, etc. on the
coal ash bill. Go through a half dozen EPA rules like the ash rule, the
power plant mercury rule, etc., and come up with the employment
estimates in the Federal Register notices. Then do an op/ed on "Jobs
McKinley is trying to Kill"
Whaddya Tink?
JBK
>>> Betty Wiley <betty.w304(a)gmail.com> 10/23/2011 9:17 PM >>>
---------- Forwarded message ----------
From: Robert Donnan <redchief7(a)…
[View More]verizon.net>
Date: Sat, Oct 22, 2011 at 7:56 AM
Subject: Got Kids? Grandkids? Listen up!
To: Robert Donnan <redchief7(a)verizon.net>
**
These critical issues probably affect our Pittsburgh region more than
any
other area in the United States. It's hard to believe that anyone
would consider unraveling all the progress we have made over the past
40
years. Bob
latimes.com Op-Ed 'Too dirty to fail'? House Republicans' assault on
our
environmental laws must be stopped.
By Lisa P. Jackson
Administrator of the U.S. EPA
October 21, 2011
Americans must once again stand up for their right to clean air and
clean
water.
Since the beginning of this year, Republicans in the House have
averaged
roughly a vote every day the chamber has been in session to undermine
the
Environmental Protection Agency and our nation's environmental laws.
They
have picked up the pace recently — just last week they voted to stop
the
EPA's efforts to limit mercury and other hazardous pollutants from
cement
plants, boilers and incinerators — and it appears their campaign
will
continue for the foreseeable future.
Using the economy as cover, and repeating unfounded claims that
"regulations
kill jobs," they have pushed through an unprecedented rollback of the
Clean
Air Act, the Clean Water Act and our nation's waste-disposal laws, all
of
which have successfully protected our families for decades. We all
remember
"too big to fail"; this pseudo jobs plan to protect polluters might
well be
called "too dirty to fail."
The House has voted on provisions that, if they became law, would give
big
polluters a pass in complying with the standards that more than half of
the
power plants across the country already meet. The measures would
indefinitely delay sensible upgrades to reduce air pollution from
industrial
boilers located in highly populated areas. And they would remove vital
federal water protections, exposing treasured resources such as the
Gulf of
Mexico, Lake Erie, the Chesapeake Bay and the Los Angeles River to
pollution.
How we respond to this assault on our environmental and public health
protections will mean the difference between sickness and health — in
some
cases, life and death — for hundreds of thousands of citizens.
This is not hyperbole. The link between health issues and pollution is
irrefutable. Mercury is a neurotoxin that affects brain development in
unborn children and young people. Lead has similar effects in our
bodies.
Soot, composed of particles smaller across than a human hair, is formed
when
fuels are burned and is a direct cause of premature death. Nitrogen
oxides
and volatile organic compounds contribute to the ozone alert days when
seniors, asthmatics and others with respiratory problems are at serious
risk
if they do nothing more dangerous than step outside and breathe the
air.
"Too dirty to fail" tries to convince Americans that they must choose
between their health and the economy, a choice that's been proved wrong
for
the four decades that the EPA has been in existence. No credible
economist
links our current economic crisis — or any economic crisis — to
tough
clean-air and clean-water standards.
A better approach is the president's call for federal agencies to
ensure
that regulations don't overburden American businesses. The EPA has
already
put that into effect by repealing or revising several unnecessary
rules,
while ensuring that essential health protections remain intact.
We can put Americans to work retrofitting outdated, dirty plants with
updated pollution control technology. There are about 1,100 coal-fired
units
at about 500 power plants in this country. About half of these units
are
more than 40 years old, and about three-quarters of them are more than
30
years old. Of these 1,100 units, 44% do not use pollution controls such
as
scrubbers or catalysts to limit emissions, and they pour unlimited
amounts
of mercury, lead, arsenic and acid gases into our air. Despite
requirements
in the bipartisan 1990 Clean Air Act amendments, these facilities have
largely refused to control their emissions — creating an uneven
playing
field for companies who play by the rules and gaming the system at the
expense of our health.
If these plants continue to operate without pollution limits, as a
legislative wish list from House Majority Leader Eric Cantor (R-Va.)
would
allow, there will be more cases of asthma, respiratory illness and
premature
deaths — with no clear path to new jobs.
By contrast, the nation's first-ever standards for mercury and other
air
toxic pollutants which the EPA will finalize this fall — and which
the
Republican leadership aims to block — are estimated to create 31,000
short-term construction jobs and 9,000 long-term jobs in the utility
sector
through modernizing power plants. And the savings in health benefits
are
estimated to be up to $140 billion per year by 2016.
Contrary to industry lobbying, this overhaul can be accomplished
without
affecting the reliability of our power grid.
Our country has a long tradition of treating environmental and public
health
protections as nonpartisan matters. It was the case when President
Nixon
created the EPA and signed into law the historic Clean Air Act, when
President Ford signed into law the Safe Drinking Water Act and when
President George H.W. Bush oversaw important improvements to the Clean
Air
Act and enacted the trading program that dramatically reduced acid
rain
pollution.
Our environment affects red states and blue states alike. It is time
for
House Republicans to stop politicizing our air and water. Let's end
"too
dirty to fail."
*Lisa P. Jackson is the administrator of the U.S. Environmental
Protection
Agency. *
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Heh all,
Right before the exciting City Council COW meeting this Tuesday at 7:00
p.m. where the future of the ban will be discussed informally,
http://morgantown.com/agendas/2011/10-25-11-COW.pdf (Note: Bill Bryne
will be in another country :) ..
Forum on Marcellus Shale Drilling
Tuesday,*October 25, 2011*, at 5:30 p.m., 126 Ming Hsieh
Hall,WVUDowntown Campus
A Discussion of Important Issues From Various Viewpoints. Presented by
Pi Sigma Sigma Public Policy Honorary andWVUPolitical …
[View More]Science
Department. Seeflyer <http://facultysenate.wvu.edu/r/download/110848>for
more information.
Note the interesting line-up:
John King - WVDEP Environmental Advocate (Remember Pam Nixon at the
SierraFest?)
Don Spencer - Ex-City Council, the biggest supporter for strong
legislation .. resolutions, ban, etc.
WV4MOM - No idea who will be talking, I suspect that it may be Professor
Tauger from political science
Dr. Carr - Interim director of WVU's marcellus initiative, self-describe
industry advocate, and the worst choice imaginable by WVU's president.
A new page to watch, http://facultysenate.wvu.edu/marcellus. You may be
able to catch both events concurrently.
-Jonathan
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This is the Senate duplicate of Congressman McKinley's horrible ash bill.
Joe Manchin continues to be an embarrassment and to show utter disregard for
the health and safety of our citizens.
---------- Forwarded message ----------
From: Alex Taurel <Alex_Taurel(a)lcv.org>
Date: Fri, Oct 21, 2011 at 9:06 AM
Subject: E&E: Ash bill attracts Senate Democrats
To: COAL-COMBUSTION-WASTE(a)lists.sierraclub.org
** **
Ash bill attracts Senate Democrats ****
Manuel Quinones, E&E reporter**…
[View More]**
Published: Friday, October 21, 2011 ****
Senate Democrats Kent Conrad of North Dakota, Joe Manchin of West Virginia
and Ben Nelson of Nebraska are hoping to convince their chamber's leadership
to support legislation to block U.S. EPA from regulating coal ash as a
hazardous substance.****
Yesterday they joined Republicans John Hoeven of North Dakota, Mike Enzi of
Wyoming, Rob Portman of Ohio and John Boozman of Arkansas in introducing the
Senate companion to H.R.
2273<http://eenews.net/bills/112/House/191011114254.pdf>,
which passed in the House last week. The measures take a "states-first"
approach, meaning they give states broad regulatory authority over the
disposal of power plant combustion waste.****
"It ensures good environmental stewardship, while helping to preserve jobs
and ensure that a beneficial product is made available for worthy uses,"
Hoeven said in a statement. "Just as importantly, it ensures that Congress
and the states hold the reins of environmental policy."****
Bill supporters say a hazardous designation would have a damaging effect to
coal ash recycling efforts. They say the prospect of one is already
stigmatizing the material, often used in roads and other construction.
During a speech on the Senate floor, Hoeven touted major projects back home
that included coal ash.****
The legislation is a top industry priority, faced with tougher EPA
oversight. Lawmakers carrying the torch in the Senate hail from major coal
producing or consuming states. Hoeven and Conrad, the main sponsors, come
from a state where nearly all the electricity is produced by coal-fired
power plants, according to the Energy Information Administration.****
"Years of research have shown that coal ash should not be regulated as a
hazardous waste," Conrad said in a statement. "Doing so would only force
unworkable requirements on our state's utilities, resulting in serious
economic consequences and the loss of good-paying jobs."****
Environmental advocates and Senate liberals have been trying to turn the
jobs argument on its head, saying strong regulation is an economic booster.
They are vowing to fight the bill saying it lacks enough strength to prevent
water contamination and potential disaster, like an ash dump break in
eastern Tennessee in 2008. The White House has also expressed opposition to
the bill but fell short of issuing a veto threat.****
State regulators generally support keeping oversight of coal ash and are
pressing for passage of legislation to effectively set aside EPA rulemaking.
Environmentalists, however, have released reports saying states like North
Dakota have been lax in regulating coal ash, leading to numerous cases of
contamination (*E&ENews PM<http://www.eenews.net/eenewspm/2011/08/17/archive/4>
*, Aug. 17).****
Earthjustice attorney Lisa Evans, who has been fighting the legislation,
pointed out newly released inspection data from EPA showing that three North
Dakota coal ash ponds garnered poor ratings. EPA has been conducting
integrity tests at sites across the country.****
"It is beyond irresponsible for the senators to offer a bill that fails to
cure the safety problems facing their own state," Evans said in a statement.
"And it is with great disregard of their civic responsibility that they
support a bill that places the citizens of other states at great peril."****
Senators who introduced the legislation say it will give industry regulatory
certainty and states clarity in the regulatory process through minimum
federal benchmarks.****
"This bill paves the way for states to manage coal ash in a safe, effective
manner," Enzi said in a statement. "It is a serious legislative effort that
takes a unique approach to fixing a problem that industry and the states
want to address."****
Click here <http://www.eenews.net/assets/2011/10/21/document_daily_01.pdf>to
read the new Senate bill.****
http://www.eenews.net/EEDaily/print/2011/10/21/7****
** **
** **
Alex Taurel****
Legislative Representative****
League of Conservation Voters****
(o) 202-454-4606****
(c) 202-669-1199****
*alex_taurel(a)lcv.org*
*twitter.com/LCVPolicy*
** **
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--
Jim Sconyers
jimscon(a)gmail.com
304.698.9628
Remember, Mother Nature bats last.
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