Quantcast

Judge Says No to Fracking

Energy

A judge in North Carolina has blocked the start of fracking in that state over a challenge to the membership of the commission charged with issuing the permits.

"Finally some good news in our long battle to keep fracking out of NC!" exulted North Carolina environmental nonprofit Haw River Assembly, one of the parties to the lawsuit, on its Facebook page.

This map shows the areas that natural gas companies are targeting in North Carolina. Photo credit: Rafi-USA

The Southern Environmental Law Center (SELC) was granted the preliminary injunction it sought in Wake County Superior Court to delay the state's Energy and Mining Commission from taking any action on permits, effectively reinstating (for the time being) the state's longtime moratorium on fracking which was lifted by the legislature last summer. The group was representing the Haw River Assembly, a member of the Waterkeeper Alliance network, and landowner Keely Wood Puricz, whose property abuts a tract leased for natural gas exploration.

"The citizens of North Carolina deserve to have a lawful, accountable and representative agency to put in place strong protections that safeguard our communities and water supplies from the risks and harms of fracking," said Elaine Chiosso, executive director of the Haw River Assembly. The group has members who live directly above shale deposits that could be targeted for fracking.

The dispute revolves around what SELC and the parties it represents see as an unconstitutional attempt by the state legislature to control the commission and violate the state's separation of powers. After establishing the commission in 2012, it gave itself the power to appoint eight members to the governor's five. Governor Pat McCrory, along with two former North Carolina governors, is challenging the practice in a separate lawsuit. The legislature used the same tactic to keep control of the state's Coal Ash Commission, Oil and Gas Commission, and North Carolina Mining Commission.

"The decision stopped any immediate harm to North Carolina residents from a commission formed by the state legislature in violation of the separation of powers firmly established in our state constitution pending further court deliberations," said John Suttles of SELC, who represented the parties challenging the commission's membership.

“This attempt by the North Carolina legislature to expand its legislative power and usurp executive authority violates the separation of powers firmly established in our state constitution,” added Derb Carter, SELC senior attorney and director of its North Carolina offices. "As a result, we have a commission making important decisions about the future of North Carolina that is ultimately accountable to no one. We are seeing emerging and increasing opposition to fracking in North Carolina, and this will allow the public in many ways to continue to voice their concerns."

While North Carolina is not known as a gas-rich state, there are believed to be some deposits in a strip of counties in the central part of the state, south of Wake County (Raleigh/Durham/Chapel Hill). It's unclear exactly how much gas that area could produce.

"Approximately 59,000 acres in rural Lee County alone are expected to be targeted for drilling, with unknown additional acreage in Chatham, Moore and Durham Counties," says North Carolina-based social justice/family farmer advocacy group Rafi-USA, which warns against "compulsory pooling" forcing landowners to sell their mineral rights. "Over 9,400 acres in Lee County have already been leased by gas companies under predatory mineral rights leases. Always speak with a lawyer when considering signing a lease."

"Hydraulic fracturing and horizontal drilling have been used in parts of the Midwest for years, and are now being used in Pennsylvania and New York as well," it warns. "Landowners and farmers in these states have expressed concerns about the effects that drilling have on their lives and livelihoods."

YOU MIGHT ALSO LIKE

Faith Against Fracking

Could Fracking Ruin Your Vacation?

Mapping the Dangers of Fracking

EcoWatch Daily Newsletter

Myrtle warbler. Gillfoto / Flickr / CC BY-SA 2.0

Bird watching in the U.S. may be a lot harder than it once was, since bird populations are dropping off in droves, according to a new study.

Read More Show Less
Amazon CEO Jeff Bezos announces the co-founding of The Climate Pledge at the National Press Club on Sept. 19 in Washington, DC. Paul Morigi / Getty Images for Amazon

The day before over 1,500 Amazon.com employees planned a walkout to participate in today's global climate strike, CEO Jeff Bezos unveiled a sweeping plan for the retail and media giant to be carbon neutral by 2040, 10 years ahead of the Paris agreement schedule.

Read More Show Less
Sponsored

By Winona LaDuke

For the past seven years, the Anishinaabe people have been facing the largest tar sands pipeline project in North America. We still are. In these dying moments of the fossil fuel industry, Water Protectors stand, prepared for yet another battle for the water, wild rice and future of all. We face Enbridge, the largest pipeline company in North America, and the third largest corporation in Canada. We face it unafraid and eyes wide open, for indeed we see the future.

Read More Show Less
The climate crisis often intensifies systems of oppression. Rieko Honma / Stone / Getty Images Plus

By Mara Dolan

We see the effects of the climate crisis all around us in hurricanes, droughts, wildfires, and rising sea levels, but our proximity to these things, and how deeply our lives are changed by them, are not the same for everyone. Frontline groups have been leading the fight for environmental and climate justice for centuries and understand the critical connections between the climate crisis and racial justice, economic justice, migrant justice, and gender justice. Our personal experiences with climate change are shaped by our experiences with race, gender, and class, as the climate crisis often intensifies these systems of oppression.

Read More Show Less
Lana Del Rey: "call her Doris Doomsday." Darren Gerrish / BFC / Getty Images Entertainment

By Emer McHugh

Popular music has, and always will be, informed by the political and social contexts from which it emerges.

Read More Show Less
Sponsored

By Naveena Sadasivam

It was early in the morning last Thursday, and Jonathan Butler was standing on the Fred Hartman Bridge, helping 11 fellow Greenpeace activists rappel down and suspend themselves over the Houston Ship Channel. The protesters dangled in the air most of the day, shutting down a part of one of the country's largest ports for oil.

Read More Show Less
We already have a realistic solution in the Green New Deal—we just lack the political will. JARED RODRIGUEZ / TRUTHOUT

By C.J. Polychroniou

Climate change is by far the most serious crisis facing the world today. At stake is the future of civilization as we know it. Yet, both public awareness and government action lag way behind what's needed to avert a climate change catastrophe. In the interview below, Noam Chomsky and Robert Pollin discuss the challenges ahead and what needs to be done.

Read More Show Less
FDA

Food manufacturer General Mills issued a voluntary recall of more than 600,000 pounds, or about 120,000 bags, of Gold Medal Unbleached All Purpose Flour this week after a sample tested positive for a bacteria strain known to cause illness.

Read More Show Less