[CRNMC] Fwd: ACTION ALERT: Stop pre-approval of fracking regulations

[Lanny Cotler]

FYI

Begin forwarded message:

> From: Rural Advancement Foundation International <james at rafiusa.org>
> Subject: ACTION ALERT: Stop pre-approval of fracking regulations
> Date: May 28, 2014 at 11:27:05 AM PDT
> To: lanny at lcotler.com
> Reply-To: james at rafiusa.org
> 
>  
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> Stop the pre-approval of fracking regulations.
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> The NC House of Representatives could pre-approve fracking rules written by the Mining and Energy Commission as early as today. 
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> SB 786, or the Energy Modernization Act, would pre-approve fracking regulations and allow fracking permits to be issued as soon as June 2015. This breaks the General Assembly’s promise to “get it right.”
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> The rest of the bill is a mixed bag for landowners. It weakens some existing protections and leaves out common sense.
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> Take action today!
> Tell your NC House Representative to stop the pre-approval of fracking regulations!
> 
> 
> Details about SB 786:
> Weakened Protections
> ·    Companies would be liable for water contamination within a one-half mile radius around a well. This nearly lets companies off the hook, reducing the area where they will be presumed responsible for contamination by more than 70% from current legal liability.
> ·   The burden of scheduling and conducting water testing would be shifted from the industry onto the landowner.
>  
> Marginally Improved Protections
> ·      Fracking chemical mixtures protected by trade secret law must now be disclosed to the Department of Environment and Natural Resources. By eliminating a third party, emergency response times will likely be reduced.
> ·      Companies are required to give 30-day notice before subsurface entry, which ensures landowners know when development begins under their property.
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> What the Bill Doesn’t Address
>  
> Surface Use Agreements: The bill does not require surface use agreements before any land disturbing activities can begin. Currently, mineral rights owners have the right to access and develop their minerals through the surface property, even if they do not own the surface. Requiring surface use agreements would give the surface owner the right to say no.
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> Forced Pooling: The bill does nothing to protect landowners from forced pooling, also known as compulsory pooling. Current law allows companies to force landowners into a lease if enough of their neighbors leased voluntarily. This is an unfair and completely unnecessary practice when using unconventional methods of drilling for natural gas. Legislators should act to prevent the forced pooling of any landowner in North Carolina.
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> Take action today! Tell your legislator that landowner protections must be a prerequisite for industry profit, and that pre-approving regulations for fracking is reckless.
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> Take action now!
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