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Local News

Litigants still digesting decision

By DEAN WELLS dwells@timesobserver.com
POSTED: December 17, 2009

Various local parties involved in a lawsuit that resulted in a preliminary injunction in a settlement that halted drilling in the Allegheny National Forest are being tight-lipped regarding Judge Sean McLauglin's decision that was handed down on Tuesday.

On Wednesday, Times Observer made efforts to contact various plaintiffs and defendants involved in the case, including the U.S. Forest Service, the Allegheny Defense Project, the Allegheny Forest Alliance and Pennsylvania Oil and Gas Association to request their reactions to McLaughlin's rulings.

Most of the responses were brief.

"Obviously, we are very disappointed," said Ryan Talbot, executive director of the Allegheny Defense Project. "We have no further comment as we are still studying the ruling."

The U.S. Forest Service referred questions regarding the injunction to the U.S. Department of Justice.

"We are reviewing the decision and have no further comment," was the reply from Andrew Ames, Office of Public Affairs for the Department of Justice.

Steve Rhoads and John Peterson, president of POGAM and executive director of AFA, respectively, were not available for comment regarding the injunction.

U.S. Congressman Glenn Thompson, R-Fifth, praised McLaughlin's decision, calling it "a victory for state's rights and for local control."

"This ruling allows companies to bring their employees back to work and plan for the future," Thompson said. "The decision by the U.S. Forest Service to stop permitting and, by extension, drilling for so-called 'environmental reasons' was wrong from the start and did irreversible harm to the local economy."

Thompson called the ruling "a victory for the hard-working people of northwest and north central Pennsylvania."

Warren County Commissioner John Bortz called McLaughlin's ruling a win for Warren County, despite McLaughlin's decision to deny the county's claims as a plaintiff in the lawsuit.

"I can appreciate what the judge said in that area," Bortz said, regarding McLaughlin's decision to rule against Warren County claims. "We presented the evidence as we knew it and as we were prepared by the attorney to present it. Was there harm done to Warren County (by the settlement)? Absolutely. There were a number of individuals from the county who testified that they had been shut down by the settlement."

Bortz said that now that the preliminary injunction has been granted, allowing drilling to resume in the national forest, it's time for the county to move forward on how to better communicate with ANF officials.

"It's this commissioner's opinion that the administration of the Forest Service has been moving toward a unilateral decision-making process," Bortz said. "We need to know what the role of county government is. After two terms as a commissioner, I still haven't had an answer to that question."

 
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View Comments: | 1-11 | Post a comment
garypayton
12-18-09 6:02 PM
It's like the feudal system and the robber-barons are lords of the manor. Disgusting.

Riggle
12-18-09 3:53 PM
Blah, blah. PA law says the subsurface rights are dominant over surface rights, and that means private or public surface. Meaning surface owners are at the mercy of you scoundrels until this travesty is changed. A neighbor was recently told by an oil operator that, "I own the mineral rights under all your home lots." Then he reportedly laughed. No one finds that amusing. The legislators had better grow a backbone, or citizens will act on their own.

garypayton
12-18-09 11:34 AM
I wonder if go-tone could direct us to an exraction site on the ANF that doesn't look like a 1950s industrial zone. There aren't any. While extraction dinosaurs wring the last drops of a dying industry out of our forest, we wait around for the contaminated brownfield site they will leave behind. You should be stewards of that land and it's a crime what you do to it. Enjoy your money now robber-barons, you can't take it with you.

gotone
12-18-09 10:35 AM
Oh yeah and the oil companies pay a significant tax on every drop that comes out of the ground.

gotone
12-18-09 10:33 AM
Actually your completely wrong. Many times your property value would go up. The oil companies pay a lease "fee" per acre and many times the property owner recieves a royalty of all oil produced on this land. And subsurface rights do not have dominance over surface rights they have rights to access within reason. When you buy this land it is all public knowledge of easements and any subsurface holders. So someone did not do their due diligence. To the ANF the subsurface rights were established when this land was in PRIVATE hands. Someone sold these rights at some point and then gave the land to the gov't and they established the ANF. So sorry the OGM's preceed the ANF. And for your info their are plenty of producers whose footprint is not environmentally devastating. Please get all of your facts straight first.

Kinzuaqueen
12-17-09 3:07 PM
The problem was not the Judge's ruling. The problem is with the laws. It is time our legislators realize they represent more than the oil/gas industry. I too am a hard working tax paying citizen Mr. Thompson. Where are my rights? As the law is now subsurface rights have dominance over surface rights even though the surface owners pay the taxes and the subsurface owners pay nothing yet gain the benefits while diminishing the surface owners property values. The bottom line is that if you don't own the subsurface you really don't own your land. Yes! IT IS TIME FOR A TEA PARTY ALRIGHT!

garypayton
12-17-09 12:02 PM
Why is it even designated a "national" forest. If this is a victory for state's rights and local control, how long before the "national forest" designations is removed entirely. Of course the sub-surface resource owners whould then have to pay property tax on the land and they won't want that... I guess it comes down to the fact that the national forest is simply a tax shelter for industrial users of the land. Funny how the government haters are always the ones first in line for all the perks from the government. Hypocrites.

Environmentalist
12-17-09 11:46 AM
Who would have thought we could elect a bigger moron than Clinger and Peterson!

The Warren County Republicans really do know how to scrape **** off the bottom of the barrel!

"Follow the money"!

Milkman
12-17-09 9:51 AM
...precisely my sentiments, Riggle.

Riggle
12-17-09 9:32 AM
"GT" just ensuring his job, like Clinger and Peterson before him. Bought and paid for.

Milkman
12-17-09 7:17 AM
It is interesting that G.T., a national legislator, is championing local and state government control over a national forest. Is that an oxymoron?

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