JESSICA'S FRACKING DIGEST: April 7, 2015 - with Comments Important Diana Daunheimer hearing April 13 & Nikiforuk: Lawyers Accuse Gas Giant of Deficient Records Filing in Fracking Case
From: Jessica Ernst
Sent: Tuesday, April 7, 2015 11:24 PM
Subject: 1. Important Diana Daunheimer hearing April 13 & Nikiforuk: Lawyers Accuse Gas Giant of Deficient Records Filing in Fracking Case
Fracking criticism spreads, even in Alberta and TexasCanadian, U.S. studies raise concerns that chemicals used in process make people sick
By Michelle Leslie, for CBC News Posted: Apr 07, 2015 5:00 AM ET Last Updated: Apr 07, 2015 10:02 AM ET
[
http://www.cbc.ca/news/technology/frack ... -1.3002287 ]
we're promised if our drinking water goes bad after fracing, everything is fine because we have access to the courts.
Cartoon above from local Alberta newspaper, Rimbey Review, 1998. Many thanks to the Albertan who sent me this gem! I had never seen it before. now posted to the thank you page.
Includes update on Supreme Court of Canada:Lawyers Accuse Gas Giant of Deficient Records Filing in Fracking Case
Encana disclosure shows 'disdain for an ordinary Albertan,' claims counsel for Jessica Ernst. By Andrew Nikiforuk, April 1, 2015, TheTyee.ca
[
http://thetyee.ca/News/2015/04/01/Encan ... t-Records/ ]
some fascinating, yet creepy and threatening comments from an unnamed Ontario lawyer, and responses by Jo Dion, Diana Daunheimer, and Annie_fiftyseven
Klippenstein's Press Release (as of yet, no mainstream media reported on it):[
http://www.newswire.ca/en/story/1510845 ... ation-case ]
In our legal system, Encana must disclose all important and relevant records, including all chemicals used, even trade secrets. The court ordered deadline for complete disclosure by Encana was Dec 19, 2014.
Summary by Ponoka Alberta landowner/retired rancher:I have attached a link to a Tyee article written about the Ernst v EnCana legal case. The journalist has succinctly explained what has transpired over the past 10 years. The latest development, a letter written by a high level lawyer about EnCana's cooperation in the case, says a lot about this company's respect for the legal system and the individuals trying to seek justice within it. Please read and then decide is this the great community donator and supporter that you would want to deal with. Not I, we also experienced their kind of abuse first hand! It's time they were put into the same category as everyone else who has to abide by this country's rules, court and otherwise.
Ronalie
[
http://thetyee.ca/News/2015/04/01/Encan ... t-Records/ ]
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image above from [
http://bowdoinorient.com/article/10119 ]
a few posts of interest, lots more on website:
Daunheimer MONDAY April 13, 2015 Hearing in Calgary Details. Frac it All. Frack Club Exposed: Banks Bail on Shale. What about those millions or billions in damages? Who pays for them?[
http://www.ernstversusencana.ca/frac-it ... l-on-shale ]
click on link, scroll to bottom for details on the Daunheimer hearing on monday in Calgary Court of Queen's Bench
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OOOPS! Fracking Study on Water Contamination Under Ethics Review, Chesapeake Energy paid undisclosed fees to lead author, study based on questionably collected samples (ensure no methane?) provided by Chesapeake[
http://www.ernstversusencana.ca/ooops-f ... rovided-by ]
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MUST WATCH VIDEO: Another frac mess! 200 Evacuated, Nearly 70 homes damaged in Marinza, Albania; Canadian firm Bankers Petroleum Ltd (has steam injection pilot project there), was at 500 metres depth when “volcanos” of gas, mud (chemicals?) and water erupted[
http://www.ernstversusencana.ca/200-eva ... cals-water ]
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Jack Shawn Eyles, 28, from Kelowna, dies fracking in NE BC for Calfrac (Nitrogen Pumping Division) on Progress Energy Canada Ltd. Site: “Not an explosion as we we usually think, but an explosive or sudden release of extremely high pressure”[
http://www.ernstversusencana.ca/jack-sh ... osive-or-s ]
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Maryland Senate Passes Bill, 93-45, To Declare Fracking An “ultrahazardous and abnormally dangerous activity”[
http://www.ernstversusencana.ca/marylan ... s-activity ]
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EPA Frac Investigation: Most Drillers Keep Chemicals Secret in Fracfocus; “One or more ingredients were claimed confidential in more than 70% of disclosures”[
http://www.ernstversusencana.ca/most-dr ... isclosures ]
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Did Harper and the oil and gas industry order RCMP/CSIS/Snipers to attack innocent mothers and grandmothers, and set aflame stripped police cars in New Brunswick to discredit all Canadians concerned about frac harms and lay a red carpet for Harper’s Bill C-51?[
http://www.ernstversusencana.ca/did-har ... oncerned-a ]
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British Medical Journal publishes letter by 20 high profile medical and public health experts calling for ban of “inherently risky” frac industry; Medact’s new report concludes: fracking “poses significant risks to public health”[
http://www.ernstversusencana.ca/british ... g-poses-si ]
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MUST (LONG) READ! Special Issue of Journal Environmental Science and Health, Part A: Toxic/Hazardous Substances and Environmental Engineering: Facing the Challenges – Research on Shale Gas Extraction[
http://www.ernstversusencana.ca/special ... extraction ]
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Another Frac Panel? When will the many peer-reviewed studies and reports showing frac harm, bad economics and deadly jobs be enough? Former Chief Justice of Court of Queen’s Bench NB, Professor Engineering & President Emeritus University NB, former board chair of NB Community College appointed to study fracing[
http://www.ernstversusencana.ca/another ... ir-communi ]
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After how many secret industry/government edits? BC Health Finally Releases Intrinsik’s August 2014 Frac Health Impact Report[
http://www.ernstversusencana.ca/after-h ... act-report ]
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HOW THE OIL AND GAS INDUSTRY'S BEST IN THE WORLD 'ALBERTA MODEL' PROTECTS THE OIL AND GAS INDUSTRY:Subject: Alberta Surface Rights Board - Failure to Landowners
Date: Fri, 20 Mar 2015 15:32:07 -0600
The Special Meeting in Trochu on April 9th, 2015. A quick explanation on why this meeting truly is "special"! Lemke vs Petroglobe. The Lemke's took their case of non payment of annual surface lease rent to the Surface Rights Board. The board changed a long standing practice of granting annual payment by the government when an oil company goes bankrupt, as is required under section 36 of the Surface Rights Act. The Board claimed the federal bankruptcy act superceded the Alberta Surface Rights Act, although it is very clear that this is not the case. Since that decision the Surface Rights Board has been declining to hear any cases relating to section 36 and insolvent companies!
So here's the problem: We all know the oil and gas situation in these times of low prices. Many of these companies are on very shaky ground and many of them might not survive. We also know the Alberta government is having an extremely difficult time balancing their budget and that is probably going to get tougher as companies shut down and workers are laid off. The fact is the Alberta government is quite eager to walk away from their obligations to landowners under the Surface Rights Act. While some companies truly are in distress and bankruptcy is their only option, others will view this situation as a means of cutting their costs! They simply will sell off unprofitable assets to a "breakout company", designed to go bankrupt and down load the expenses onto the government! The government has, in turn, decided to download that expense to the individual landowner! [THE TRICKLE DOWN TORY WAY!] We can expect to see this scheme expand! ALL Alberta landowners, with surface leases, could feel the pain! Today your surface lease might be owned by a major company and you are pretty sure they will remain solvent......and without a doubt the big boys can weather this storm.........but that is not to say that they won't sell your lease to a "break out company" if they see it as a profitable solution to cut costs! We all need to understand this. Better to inform yourself today, rather than wait until the checks stop coming.......because by then it will be too late!
Alberta Surface Rights Board-Failing to Protect Alberta LandownersLandowners: Are you prepared to lose your annual surface lease payments? These payments will be in jeopardy if these recent Surface Rights Board ‘s decisions are allowed to stand unchallenged. The Alberta Surface Rights Act is legislation that was designed to protect the property rights of Alberta landowners and promote harmony between energy companies and landowners. Recent decisions by the Alberta Surface Rights Board (Board) has completely changed a long standing practice of guaranteeing annual surface lease payments, by the Alberta government, as legislated under section 36 of the Surface Rights Act.
The Alberta Surface Rights Group (ASRG) is challenging the board decision to refuse to compensate landowners, in the event a company becomes insolvent. ASRG submits that the Alberta Surface Rights Board erred in an interpretation of law, under the federal Bankruptcy and Insolvency Act.
The Surface Rights Board claimed the Bank and Insolvency Act superseded the Alberta Surface Rights Act, although it is very clear that this is not the case. Since that Surface Right Board decision, the board has been declining to hear any landowner cases relating to section 36 of the Surface Rights Act, involving insolvent companies. Due to the current low oil and gas prices, many companies are facing financial difficulties.
ASRG has compiled a substantial list, of mostly junior O&G companies that have filed for bankruptcy protection, and others that are at high risk of defaulting. We also see the potential for profitable companies to spin off low producing marginal properties to high risk juniors, in an effort to reduce costs. You might be very confident in your current operators’ ability to remain solvent, but that does not mean the company won't sell the property, if it affects their bottom line. We are also concerned that Alberta landowners and taxpayers could be saddled with reclamation liabilities, if this practice is allowed to proliferate.
The Alberta Surface Rights Group Society will be holding a special public information meeting on April 9, 2015, at 7PM at the Trochu Community Hall.There will be two prominent Alberta property rights lawyers, Keith Wilson and Shaun Fluker, will be there to explain the implications of these Surface Rights Board decisions to landowners, and to discuss a potential court challenge. All landowners with surface lease agreements on their land should plan on attending this Special Meeting.
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Art Berman: Shale Plays Have Years, Not Decades & The way of greed: Oil and gas companies face their creditors as Fracking Bubble Bursts [scroll down to embed of the presentation]
[
http://www.ernstversusencana.ca/art-ber ... rsts-funny ]
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Did Alberta Just Break a Fracking Earthquake World Record with 4.4 Temblor at Fox Creek? Sounds of Silence: The Crooked Lake Earthquakes[
http://www.ernstversusencana.ca/did-alb ... arthquakes ]
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California now says 2,500 wells dumping frac waste into protected aquifers, up from 532 in February. Regulators order oil drillers including Chevron Corp. and Linn Energy LLC to halt operations at 12 injection wells (two were issued cease and desist orders) because they may taint groundwater suitable for drinking and irrigation[
http://www.ernstversusencana.ca/califor ... nt-groundw ]
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2015 03 20 Andrew Nikiforuk on water[
http://lesamisdurichelieu.blogspot.ca/2 ... mment-form ]
ANDREW NIKIFORUK TALK: Politics of Fracking and the Reality of Leaky Wells?[
http://www.ernstversusencana.ca/are-com ... in-alberta ]
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Pennsylvania, Finleyville: Joyce and Hillary Hill forced out of their home of 38 years; Migrating gas into their water cistern exploded, threatens explosion of their home too[
http://www.ernstversusencana.ca/pennsyl ... r-home-too ]
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Constitutional challenge filed with Supreme Court of Canada: Federal energy regulator (chaired by Alberta’s Peter Watson) violates Charter, court case alleges; “The NEB (National Energy Board) has lost its way,” said lawyer David Martin[
http://www.ernstversusencana.ca/federal ... vid-martin ]
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-------- Forwarded Message -------- Subject: We are live....please spread the word far and wide!
Date: Thu, 12 Mar 2015 10:20:57 -0700
From: Roxanne Walsh mailto:the_nature_advocate@live.com
To: Roxanne Walsh mailto:the_nature_advocate@live.com
We are raising money to pay for an expert in our water appeals, two experts if we can raise more.
Please consider donating and forwarding.
The Hearing of our appeals before the Alberta Environmental Appeals Board, is in Turner Valley April 28-May 1, 2015
Thank you.
[
https://justicefundr.ca/?p=1735 ]
-------- Forwarded Message -------- Subject: Our Polluted Water
Date: Thu, 12 Mar 2015 13:27:07 -0600
From: Ellen Alston mailto:elalston@telus.net
To: Ellen Alston mailto:elalston@telus.net
CC:
premier@gov.ab.ca Jessica:
I am writing to ask that you take a moment to review the following; Les and I have lost our health, home and livelihood due to pollution on our property. It is 9 years since we first asked government authorities for assistance. The M.D. of Foothills 31 illegally developed land on a watercourse immediately across from our property. The watercourse is polluted with horse manure and urine from property owned by the M.D. All requests for assistance and action from Alberta Health and Environment have been denied. There are 25 other families plus their children on this polluted watershed. Please pass this email onto as many of your friends as possible.
Connect with me at [
http://www.facebook.com/alstonvsmdfoothills31 ]
and/or assist by
Pressing: “Reply All” will send a copy of this e-mail to Jim Prentice and Myself asking for him to Enforce Our Environmental Laws.
With thanks,
Ellen L. Alston