Thompson miffed at settlement
By STEPHANIE HAMM shamm@timesobserver.comCongressman Glen "GT" Thompson, R-5, is criticizing the settlement reached by the United States Forest Service (USFS) and environmental groups regarding energy production in the Allegheny National Forest.
The "one-sided" settlement seems to favor the environmental groups, who in the lawsuit claimed the USFS was not conducting required federal environmental reviews on several drilling projects, which could jeopardize the environment and wildlife in Pennsylvania's only national forest.
After attending a series of meetings regarding the settlement, Thompson said in a statement, "I am mystified and seriously troubled as to why the USFS, through the U.S. Department of Justice, would so blatantly disregard the legal process and private property rights by agreeing to an out of court 'settlement' which has the potential to kill the regional economy, increase unemployment and further our dependence on foreign oil and natural gas."
Continued Thompson, "Even more troubling is that when this so-called 'settlement' was agreed to, not all parties in the lawsuit were at the table. So as far as I'm concerned, until that occurs, and a judge has signed off, the USFS is proceeding in the blind and not being candid with themselves or the public."
Part of the settlement includes the U.S. Department of Justice pay nearly $20,000 in legal fees to the lawyers representing the organizations that filed the lawsuit.
"This dangerous move will encourage future lawsuits and help fund the radical environmental movement - whose goal is to prevent energy and timber production in the ANF and at other forests around the country," said Thompson.
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thinkaboutit
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04-21-09 11:47 AM
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I’m not saying that the oil and gas drillers do not have to fallow federal laws, just that the people that enforce those laws are not the USFS. It is DEP in the state of Pennsylvania and if the DEP does not uphold those laws then it falls under the EPA, but most of the time DEP’s or Pennsylvania’s laws are stricter than those stipulated by the EPA or federal laws. The USFS could have taken care of this problem a long time ago if they would have just bought the mineral rights when they bought the land. But with that in mind most the people of this area at that time may not have sold their land to the Forestry if they required the mineral rights. Either way the problem would have been taken care of, because the USFS would now own the mineral right and be able to control them or the ANF never would have been established in the first place.
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Milkman
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04-20-09 4:52 PM
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Gentlemen, I wonder if we would even be having this dialogue if the Rimrock Overlook, Morrison Run Trail System and the Scenic Byway across from them were not threatened by the drilling nearby? If the oil producers would at least make an attempt to hide some of their activities the public would not be so up in arms. Sure the OGM holders have rights in the ANF. But so do the owners of the surface rights. That would be the taxpayers. And, by extension, it is the duty of the USFS employees to be vigilant in protecting those rights for the taxpayer.
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WarrenCitizen
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04-20-09 4:30 PM
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I never thought I would say this...and I am not saying I agree with the laws...but Milkman and Jacksonian have accurately captured the law. If the public does not like this, they should take it up with thier federal legislators.
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fivealive
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04-20-09 3:57 PM
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"...by agreeing to an out of court 'settlement' which has the potential to kill the regional economy, increase unemployment and further our dependence on foreign oil and natural gas." This is almost laughable! How is oil/gas drilling going to single-handedly kill the regional economy? The drilling is neither going to save or destroy the local economy. Increase unemployment, perhaps, but by a very small percentage. This is not the same as Betts or Blair closing. And since when was drilling the ANF going to significantly reduce our foreign oil/gas dependence? Or reduce it at all, for that matter? Sounds to me like the Congressman is the one who is "one-sided". Pretty obvious whose side he's on (or pocket he's in).
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Jacksonian
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04-20-09 3:00 PM
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In this case, protection of federal interests (and hence the public's interest) in maintaining and preserving the surface value is the "undertaking" which the USFS is charged with. In order to complete that charge it has to undertake a number of specific programs (regulations) aimed at that goal.
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Jacksonian
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04-20-09 2:56 PM
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If poking an eight-inch hole in the ground was the only surface disturbance involved, I would agree with thinkaboutit's premise. However, it is not. There are access roads, the cutting of vegetation and lots of other activities that impact more federally-owned surface than just the well. Therefore, it becomes a de facto federal undertaking. NEPA says nothing about funding, only "federal undertaking."
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Jacksonian
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04-20-09 2:54 PM
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Under Article 6 of the Constitution, specifically the Supremacy Clause upheld by the Supreme Court's landmark decision in McCullough v. Maryland, federal law -- that is, the supreme law of the land -- takes primacy over state statutes. Thinkaboutit seems to infer by his post that since they are poking holes through their own property, drillers are somehow immune from USFS and EPA regulations. That is simply not the case. They must adhere to a number of federal rules -- the Clean Streams Act and Clean Air Act, for instance. The Forest Service would argue that it is not regulating drilling, but disturbance of the surface, which in fact belongs to Uncle Sam.
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thinkaboutit
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04-20-09 12:48 PM
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To Milkman’s first comment NEPA only applies to Federally funded projects. Drill for oil and gas on the ANF is not Federally funded so it should not full under the regulation of NEPA. Oil and gas drilling on the ANF is private land(OGM) owners using private money to drill. The only thing that the ANF owns is the surface rights which do not have priority over subsurface rights or OGMs. Because this is private property in the state of Pennsylvania it falls under the jurisdiction of DEP to regulate the oil and gas drilling on the ANF not the EPA or the USFS.
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Milkman
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04-20-09 8:22 AM
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Well said, vanBruggen...I would bet that the "smart" buggy makers ended up making parts for the Ford. The smart oil producers should be using their profits to develope geo-thermal, wind, and solar energy.
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vanBruggen
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04-20-09 6:47 AM
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If the task of the USFS is to protect and preserve our natural resources, they should be even more conscious of our forests than the environmental groups. So they are simply doing their job. As to unemployment, that is tragic, but buggy makers were also unemployed by Henry Ford. Oil is a dying industry, although it will never die completely. So the unemployed should re-educate themselves and turn to making the newer high tech devices for producing energy naturally, wind, solar, or hydro.
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Milkman
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04-20-09 6:07 AM
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"Mystified and troubled at to why, Congressman?" Is there not a National Environmental Policy Act? Are you saying, Sir, that we should ignore that act?...repeal it?....defy it?....violate it?....pretend is does not exist?
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