Those who support fracking will march in Albany today


Political demonstrations over fracking are not only for opponents of the controversial natural gas drilling technique.

This morning, in Albany, farmers, small business owners, laborers, homeowners, students and business organizations will be marching to show their support for fracking and to pressure Gov. Andrew Cuomo to lift his moratorium. 

Buffalo Business First reports that: 

In November 2010, New York put a hold on hydrofracking permits until the state Department of Environmental Conservation reviews thousands of public comments to provide rules and regulations for how to drill and where to drill, while addressing environmental concerns.

The DEC review was expected to be complete by December. But on Sept. 20, the DEC announced it was seeking help from state Health Commissioner Nirav Shah, who will review possible public health aspects of hydrofracking.

“We are now going to do a complete health review, so there’s no firm time frame,” DEC spokesman Emily DeSantis said on Oct. 9.

The latest delay has infuriated fracking advocates who see relatively unimpeded drilling taking place in Pennsylvania and Ohio. 
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Our most recent posts:
Can’t either political gang shoot straight?
Feathers flying at Perdue chicken-pollution trial in Md 
McLean joins enviro group at McCarter & English 
Having a look under the hood of NJ’s revised LLC law 
Read how money is shaping the national fracking debate 
Pa charities spending millions to keep an eye on fracking 

Those who support fracking will march in Albany today Read More »

Can't either political gang shoot straight?

Radical Kathy

First, the National Republican Congressional Committee cranked up a fear-mongering campaign aimed at convincing Bucks County, Pa voters that Democratic Congressional candidate Kathy Boockvar has ties to the notorious convicted cop-killer Mumia Abu-Jamal.

Then Pennsylvania’s former Governor and former National Democratic Committee chairman
Ed Rendell called a press conference–a great opportunity to provide a factual rebuttal.

What happened?  The Democrats’ spin machine got so revved up that it broke a belt
and spun right off the fact track.

Newsworks
‘ Dave Davies throws flags against both sides: Politicians just can’t tell it straight

Related
:
Mumia Abu-Jamal presence in Bucks County  
But How Many Degrees From Kevin Bacon is Mumia Abu-Jamal?


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For thorough coverage of environmental news, issues, legislation and regulation in New Jersey and Pennsylvania, try a FREE subscription to EnviroPolitics, our daily newsletter that also tracks environment/energy bills–from introduction to enactment
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Our most recent posts

Feathers flying at Perdue chicken-pollution trial in Md
McLean joins enviro group at McCarter & English
Having a look under the hood of NJ’s revised LLC law
Read how money is shaping the national fracking debate
Pa charities spending millions to keep an eye on fracking
How you can track FOIA requests pending at the EPA

Can't either political gang shoot straight? Read More »

Feathers flying at Perdue chicken-pollution trial in Md


A trial with potential implications for Maryland’s poultry industry began Tuesday with a lawyer for poultry giant Perdue claiming that an environmental group was looking for a way to “get Perdue” when it sued, Jessica Gresko reports for the Associated Press.

The New York-based Waterkeeper Alliance brought the lawsuit now being heard in federal court in Baltimore. The group claims that a Maryland farm raising chickens for Perdue polluted a nearby river, violating the federal Clean Water Act. The group says Perdue, which owns the chickens and monitors their growth, should be responsible for the pollution.

But lawyers for the chicken farmers and for Perdue, which is based in Salisbury, say there’s no evidence of pollution. They say the farm operates just like others and that it would be unprecedented and catastrophic to the industry if its ordinary practices are found to pollute. Perdue, meanwhile, says that even if the farm is polluting, the company shouldn’t be responsible for environmental violations at its contract farm.   

During the trial’s opening Tuesday, George Ritchie, an attorney for Alan and Kristin Hudson, the farmers being sued, said the Waterkeeper Alliance was looking for someone to sue “no matter what” and that the Hudsons had done nothing wrong. 

Michael Schatzow, a Perdue attorney, said the environmental group wants to end the poultry industry in Maryland and several years ago “declared war on Maryland’s poultry industry.”

But Jane Barrett, a law professor at the University of Maryland representing the Waterkeeper Alliance, gave her opening statement standing next to photographs of fans that ventilate the two chicken houses on the Hudson’s farm in Berlin—fans she said contribute to pollution. She said the farm is responsible for pollution in a river that ultimately empties into the Chesapeake Bay. 

See the full story here.

***********************************************************************************************************For thorough coverage of environmental news, issues, legislation and regulation in New Jersey and Pennsylvania, try a FREE subscription to EnviroPolitics, our daily newsletter that also tracks environment/energy bills–from introduction to enactment  



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Related: 

Perdue pre-trial statement 
Groups Say Perdue Hiding Behind Farmers 

How you can track FOIA requests pending at the EPA

Feathers flying at Perdue chicken-pollution trial in Md Read More »

McLean joins enviro group at McCarter & English

Marshall McLean

McCarter & English LLP announces that Marshall B. McLean is joining the firm in its Environment & Energy and Corporate Practice Groups as special counsel, JD Journal reports


McLean will be working at the firm’s office in Newark, New Jersey.
“Renewable energy projects and services are a rapidly growing segment of our economy here in New Jersey, around the United States and throughout the world,” Ira M. Gottlieb, the Environment & Energy Group leader at the firm said. “Marshall is a leader in advising developers, lenders and contractors on legal issues in the solar energy business.”

McLean graduated from Washington & Lee University School of Law with a J.D. He earned his B.A. in Government and Legal Studies from Bowdoin College. McLean is admitted to the bar in New Jersey and New York. He was named a “Rising Star” by New Jersey Super Lawyer Magazine in 2011.
McLean worked at the law firm of Reed Smith LLP in their Corporate & Securities and Energy & Natural Resources Groups. The firm is based in Princeton, New Jersey.

McLean is a resident of Bernardsville, New Jersey. He has worked on two solar projects in California and New Jersey with the project in New Jersey being the largest in North America.

***********************************************************************************************************For thorough coverage of environmental news, issues, legislation and regulation in New Jersey and Pennsylvania, try a FREE subscription to EnviroPolitics, our daily newsletter that also tracks environment/energy bills–from introduction to enactment  

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Related: 
McCarter & English news release 

How you can track FOIA requests pending at the EPA
Hess wins key air permit for gas power plant in Newark
Judge tosses NY Delaware River Basin fracking suit 

McLean joins enviro group at McCarter & English Read More »

Having a look under the hood of NJ’s revised LLC law

While recently enacted changes to New Jersey’s Limited Liability Company Act don’t fall under the heading of ‘environmental’ issues, we think they might be of interest to many of the folks who read this blog on a regular basis.

Robert A. Marsico

So we’re taking the liberty of reproducing below the full text of a recent  posting by Bob Marsico in the Scarinci Hollenbeck law firm’s Business Blog. 

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New Jersey’s limited liability companies will now be able to operate more freely under modernized rules recently signed into law by Governor Chris Christie. The law is modeled after the Revised Uniform Limited Liability Company Act adopted by the National Conference of Commissioners on Uniform State Laws and is intended to make New Jersey more business friendly to LLCs.
The Revised Uniform Limited Liability Company Act is the first significant overhaul since the New Jersey Limited Liability Act was enacted in 1993. The changes were recommended by the Red Tape Review Commission, which we have previously discussed on this New Jersey business law blog.
Some of the most notable changes include the following:
  • Duration: Like corporations, LLCs will now have a perpetual duration unless the operating agreement specifies otherwise.
  • Purpose: LLCs can now be formed “for any lawful purpose, regardless of whether for profit.” This clarifies that LLCs may be used to carry out non-profit operations.
  • Operating Agreements: Governing agreements are no longer required to be in writing, but may be oral or implied. The new law also allows the operating agreement to mandate that amendments require the approval of a person who is not a party to the operating agreement or the satisfaction of a condition in order to be effective.
  • Statement of Authority: The new law provides for the use of statements of authority, which establish the authority of certain individuals to act on behalf of the LLC. The documents will be filed with the Office of Commercial Recording.
  • Resignation Rights: A resigning member of an LLC will no longer be entitled to receive the fair share value of the member’s LLC interest. Under the new rules, a resigning member is dissociated from the LLC and only has the rights of an economic interest holder.
  • Remedies for Oppressed Members: The new rules provide certain remedies for minority members. For example, a member may seek a dissolution order from the New Jersey Superior Court on the grounds that the controlling members have acted in a manner that is oppressive or harmful.
The new rules go into effect on March 20, 2013 for limited liability companies formed after that date. Existing LCCs will fall under the purview of the new regime starting on April 1, 2014.

How you can track FOIA requests pending at the EPA
Hess wins key air permit for gas power plant in Newark
Judge tosses NY Delaware River Basin fracking suit

***********************************************************************************************************
For thorough coverage of environmental news, issues, legislation and regulation in New Jersey and Pennsylvania, try a FREE subscription to EnviroPolitics, our daily newsletter that also tracks environment/energy bills–from introduction to enactment  
***********************************************************************************************************

Having a look under the hood of NJ’s revised LLC law Read More »

Read how money is shaping the national fracking debate

From Money to Burn published in Earth Island Journal:

The American energy industry is at a pivotal moment. New technologies like horizontal drilling and hydraulic fracturing (or fracking) have opened vast deposits of petroleum and methane that were previously inaccessible. While the glut of natural gas has helped to drive coal’s share of US electricity generation to an all-time low (and, in the process, has flattened out the country’s carbon dioxide emissions), it has also put drilling companies in a financial squeeze. Caught between low gas prices and the high costs of shale gas extraction, many companies are looking for ways to either cut corners or increase prices via a rise in demand. Natural gas producers are pressing hard for gas exports, increased reliance on natural gas for electricity generation, and subsidies for trucks and buses that run on natural gas. Oil companies, meanwhile, are demanding more shale drilling on public lands. And environmentalists, of course, are pushing back against these efforts, arguing that the drilling rush is endangering water quality and wildlife habitat and reducing the market incentives for creating the kind of renewable energy system that will further reduce CO2 emissions.
The high stakes translate into a political battle royale as the fossil fuel industry commits to spending whatever it takes to influence voters and elect politicians who are sympathetic to its interests.
The oil and gas industry has been a political juggernaut since the days of John D. Rockefeller and Standard Oil, and few sectors of society can match the industry’s influence in Washington. Since the 1970’s, when the nation’s cornerstone environmental laws were set in place, the oil and gas industry has again and again won major exclusions from environmental laws like the Clean Air Act, the Clean Water Act, and the Safe Drinking Water Act. Drillers’ waste is exempt from many standards on handling hazardous waste, and the so-called “Halliburton loophole,” passed in 2005, ensured that fracking lay outside of the purview of federal rules designed to protect the nation’s aquifers. The industry’s political clout is perhaps best demonstrated by the largesse it continues to receive from taxpayers – more than $55 billion in federal subsidies between 2011 and 2015 – even in an era of austerity.
In recent years, oil and gas companies have put their political machine into an even higher gear. In 2009, the American Gas Association spent more than $1.1 million on federal lobbying, nearly double the $581,000 it spent in 2006. According to a report from Common Cause, federal campaign contributions from fracking industry employees and their political action committees (PACs) have skyrocketed since the drilling rush began. In 2006, the fracking industry made about $1.6 million in campaign contributions; by 2010 that figure had grown to $4.5 million. So far in this election cycle, the oil and gas industry as a whole has made more than $30 million in campaign contributions to members of Congress and to fossil fuel PACs, putting the industry on track to break the record $37 million it spent during the 2008 election.
By comparison, as of late July alternative energy companies had made less than $1.4 million in contributions to federal campaigns.
The industry is also focused on speaking directly to voters to try to sway the outcome of the fall election. Just two industry associations – America’s Natural Gas Alliance and the American Petroleum Institute – have poured well more than $125 million into multimedia ad campaigns over the past three years. In January, the American Petroleum Institute (API) launched a saturation-style ad campaign dubbed “Vote 4 Energy.” The campaign by API features mainstream-looking people proclaiming that they are “energy voters” who support American jobs and drilling for domestic oil and gas. Jack Gerard, president and CEO of API, said during a January 4 speech: “API worked to ensure that energy issues were prominent in policy discussions in several early primary states last year, and we will ensure they remain front-and-center in all states.”
As a result of such paid media campaigns, television viewers are far more likely to see commercials extolling the benefits of natural gas than they are to see news reports on the controversy, according to an analysis by the media watchdogs at Fairness and Accuracy in Reporting. Five broadcasters – ABC, CBS, NBC, CNN, and Fox – produced a total of nine news segments focused on fracking between January 2009 and November 2011, amounting to less than an hour of coverage. By contrast, 530 ads for “America’s oil and gas industry” or “America’s natural gas” aired on those stations during the same time period. Those 500-plus ads total four and a half hours of broadcasting.

Care to add your two-cents worth to the debate over fracking?  Use the comment box below. If one is not visible, activate it by clicking on the tiny ‘comments’ line.

How you can track FOIA requests pending at the EPA
Hess wins key air permit for gas power plant in Newark

Judge tosses NY Delaware River Basin fracking suit  
Decision signals death of ‘public nuisance’ climate cases 

Read how money is shaping the national fracking debate Read More »