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The People Win Over Shell in Fracking Water Withdrawal Case

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The People Win Over Shell in Fracking Water Withdrawal Case

Just south of the Finger Lakes region in New York's Steuben County is a valley where three waterways meet to form a fourth. In the 18th century, this confluence of rivers (the Cohocton, the Tioga, the Canisteo and the Chemung) was marked with a wooden post.

According to the description of one explorer, the post's elaborately carved surfaces featured 28 figures painted in red that depicted captured enemies and 30 headless figures that depicted, well, dead guys.

The Cohocton, one of four rivers that meet in Painted Post, New York. Photo credit: Rachel Treichler

Art with a warning label.

The Village of Painted Post (pop. 1,842) now occupies that legendary spot. And, given the news that broke on the last day of 2015—a small band of citizens defeated the plans of fossil fuel behemoth Shell Oil—it might be time to carve a new post.

In a unanimous New Year's Eve ruling, the Appellate Division, Fourth Department, in Rochester ruled against the Painted Post water withdrawal project. That project, which supported hydraulic fracturing in Pennsylvania, sold up to one million gallons per day of municipal water from the drinking water aquifer that underlies this quartet of rivers to a Shell Oil subsidiary (SWEPI LP) for use in drilling and fracking operations in Tioga County, Pennsylvania.

Represented by Shell attorneys at every stage, the Village of Painted Post had classified the water, which was transported across the border by rail, as “surplus property" in an attempt to avoid an environmental review of impacts. Those sales are now halted via injunction.

In a case brought by People for a Healthy Environment—along with the Coalition to Protect New York, Sierra Club and five local residents—petitioners claimed the combined impacts of the project had not been considered, as is required under New York's State Environmental Quality Review Act (SEQRA). The appellate court ultimately upheld their argument.

Frank Potter, current acting People for a Healthy Environment president, noted that the water-filling station and the water-filled rail cars that rattled through the village late at night had created additional impacts that needed to be considered together with the impact of the water withdrawals. The court agreed.

Co-petitioners John Marvin and Mike Finneran at the water-loading site in Painted Post, New York. Photo credit: Mary Finneran

“We are very pleased that the court acknowledged what is so obvious to us—that the Village did not follow procedures under SEQRA and that the people who live near the railroad tracks have legal standing in the courts," Potter said in a phone interview. “This water grab by Shell threatens our quality of life through multiple pathways, including noise and light pollution [from train traffic], and all of these impacts need to be considered together."

Attorney Rachel Treichler of Hammondsport, along with Buffalo attorney Richard Lippes, represented the petitioners, said she anticipates further involvement in the issue: “This ruling invalidates the current water sale agreement and issues an injunction against any further water sales until an environmental review is done. We assume the village will go back to the drawing board and do a new environmental review in compliance with SEQRA. My clients plan to be deeply involved in that new review process. If so, we will ask the Village to examine the environmental impact of water withdrawal not only on the local aquifer but also where the water is used to frack in Pennsylvania."

Indeed, Treichler almost seemed to relish the teachable moments that ongoing legal battles provide. “This is a great opportunity for us to present the facts to the public about how the Corning aquifer works," she said. "This is a highly stressed aquifer. Withdrawals in one place could potentially impact the quality of drinking water to people in seven municipalities."

This Painted Post water withdrawal case, first filed in 2012, has followed a winding path.

In the beginning, in trial court, the ruling favored the petitioners both on standing and on the merits of the case. But then, on appeal, Shell's lawyers once again challenged the legal standing of the petitioners and, on this technical point, prevailed. They argued that the petitioners were not being harmed in a way that was different from the general public, including petitioner John Marvin, who lived within 500 feet of the rail-loading facility. (Under New York State environmental law—but not under federal law—a petitioner must demonstrate special injury in order to have a right, a.k.a. “standing," to bring a case to court).

The appellate court agreed with Shell's attorneys, and the lawsuit was dismissed. The petitioners asked for a rehearing. They were denied. So, they took their case to the New York Court of Appeals—the highest court in the state, which agrees to hear only 7 percent of all cases brought before it.

In a huge break for the plaintiffs, the Court of Appeals agreed. And then it went on to overturn the decision of the appellate court on the issue of whether the special harm requirement for noise effects had been met, arguing that the appellate court had applied an “overly restrictive analysis."

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Suddenly, petitioner Marvin had standing once again. That reversal resurrected the case and bounced it back down to the appellate division to make a ruling on the merits. And, on Dec. 31, 2015, this is what it said:

First, the appellate court rejected the notion that the water being sold was “surplus property" not subjected to environmental review according to SEQRA protocols:

“On the merits, we agree with petitioners that the Village's determination that the Water Agreement was a Type II action and not subject to SEQRA review was arbitrary and capricious. First, we reject respondents' contention that the withdrawal and sale of surplus water from a municipal water supply is not an “action" for SEQRA purposes (see 6 NYCRR 617.2 [b] [1]). Second, we conclude that the Water Agreement constitutes either a Type I or an Unlisted action."

Second, it ruled that the review had to consider all the impacts combined:

“[S]egmentation, i.e., the division of environmental review for different sections or stages of a project (see 6 NYCRR 617.2 [ag]), is generally disfavored (see Matter of Forman v Trustees of State Univ. of N.Y., 303 AD2d 1019, 1019). We thus conclude that the court properly determined, on the merits of the first cause of action, that all of respondent Village's resolutions should be annulled and that a consolidated SEQRA review of both agreements was required."

(More details on the case can be found here).

So, what does this court victory mean for the rest of us?

At least three good things. First, here in New York State, it means that the highest court in the land has, in its ruling on standing, loosened the special harm requirement that is its basis. That more liberal framing may make it easier for New Yorkers to file suit in regards to other harmful fracking infrastructure projects.

In the Court of Appeals' own words:

“Standing is not to be denied simply because many people suffer the same injury….To deny standing to persons who are in fact injured simply because many others are also injured, would mean that the most injurious and widespread Government actions could be questioned by nobody. ... That result would effectively insulate the Village's actions from any review."

Second, by rejecting the notion that drinking water can be labeled it as “surplus property" and sold off for export, like so many extra snowplows—sans environmental review—the court shines a bright light on the whole issue of water rights.

In the words of Treichler, “This court decision affirms what is, in fact, already the law: that is, you have the right to use water, but you don't own water. Water is not a property right. Water is not a surplus property of the village."

What we do have here in the eastern U.S., said Treichler, are riparian rights, which is a system, based in common law, for sharing water among those who own land along the paths that water flows.

Unlike property rights, riparian rights are correlative. If there is not enough water for everyone—as when water levels fluctuate in times of drought—then everyone has to adjust accordingly. But if one entity claims to own a set amount of water that it is entitled to use in all circumstances, then, in times of drought, there is much less for everyone else—human users and ecosystems both.

“New York law, in my view, does not provide that," said Treichler, who is an authority in water law. “But industrial entities want to interpret it that way. There are various interests at work here."

The basic hydrology of upstate New York shows why claiming outright ownership of groundwater—and then selling it—is so reckless. For all the abundant rain that falls, New York's aquifers are not capacious—the underlying bedrock on the hillsides is too close to the surface and not sufficiently porous to hold much water—and the aquifers we do possess resemble squiggly underground skeins of yarn, not round, deep pools.

In other words, in times of drought, we don't have long-term storage of water in our aquifers and our aquifers are not geographically extensive.

The Corning aquifer that lies beneath Painted Post, is shaped like a spindly X chromosome, with its four branches lying directly beneath the four riverbed valleys. The rain falling on the surrounding hillsides is funneled into it.

In times of plentiful rainfall, the groundwater bubbles up into the rivers. (Indeed, 60 to 70 percent of the flow of New York's surface water originates from upwardly mobile groundwater). But when groundwater is pumped and sold for fracking—removed entirely from the hydrologic cycle—the amount of groundwater discharging into streams is sharply reduced.

Startlingly enough, groundwater pumping can sometimes be intense enough to reverse the direction of flow—as when the water floating along the sunlight surface of a stream is sucked right back down into ground to recharge the aquifer. This backwards movement not only causes streams and rivers to dry up but can also draw chemical contaminants into the aquifer.

This effect has already been observed in the Corning aquifer, which is a drinking water source for multiple municipalities, including the city of Corning, which is just downstream from Painted Post.

So that its residents can drink, wash dishes and take showers, the Village of Painted Post pumps 220,000 to 400,000 gallons of municipal water per day. Under the sale agreement to Shell, it provided up to one million gallons a day for Pennsylvania fracking operations. That's a 2- to 5-fold increase in the rate of groundwater pumping.

“Before climate change," Treichler noted, “New York had steady sources of water [because of predictable rain], but we don't have deep aquifers. Because there is a worldwide shortage of water, and because water can be exported and taken away from the aquifer, New York's aquifers can be easily depleted. Painted Post says, 'we are poor, we need the money, our citizens need help paying taxes.' But they are selling water that belongs to everyone. Rain falls into the whole area; it happens to come to them, and they say that it is theirs to sell."

Treichler points out that bulk water sales are not unique to Painted Post. Other New York municipalities (e.g. the Town of Erwin) are also selling water for out-of-state fracking operations—including to Shell. While the appellate ruling is not retroactive, the case does affirm that, going forward, municipalities must comply with SEQRA for such sales—and that requires an assessment of the cumulative impact of water withdrawals on the aquifer and all existing users.

And the third lesson from the Shell No! victory in Painted Post, New York? Surely, it's the power of unflinching citizen activism.

When the Corning Leader—a small-town daily that is a rare beacon of excellent journalism—first reported on water sales to Shell, a handful of alert citizens began attending village meetings. One was so outraged at what she heard, she decided to become a petitioner and wrote a guest editorial that caught the attention of still others. The League of Women Voters held a forum. A legal team was assembled.

And for years upon years, even when the case was dismissed in appellate court, even when the headlines read “Stop Painted Post Water Sales? It's Not Likely," no one gave up.

Let's carve those scenes on a wooden post and plant it near the place where four rivers meet.

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Do you feel embarrassed due to the foul odor coming from your mouth? Or your oral hygiene isn't as good as before, and you are suffering from gingivitis (inflammation of gums)?

Well, these oral problems are skyrocketing, and even young people are suffering from oral issues that result in a lack of confidence.

It's common to change your toothpaste by seeing the TV commercials that claim to free you from bad breath or sensitive teeth, but these products don't always work.

Fighting oral issues isn't that easy, even if you religiously follow what your primary school teacher has taught, to "Brush two times a day!"

Well, there is a much-hyped supplement in the market that claims to help you fight all of these oral issues: The Steel Bite Pro.

Steel Bite Pro is an oral supplement that claims to cure bad breath and other such oral issues like sensitivity and gum problems.

But does the supplement really work, or is it just like the useless toothpaste that you tried before? Let's find out in this review.

Who Should Use Steel Bite Pro?

The best part about Steel Bite Pro is that anyone can use the supplement to get rid of oral issues. The supplement contains natural ingredients such as turmeric, zinc, alfalfa, jujube seeds, and much more, so there are no chemicals at all.

No matter whether you are 20 or 60, you can use this supplement to overcome oral issues and get the confidence back that you are missing due to bad odor and sensitive teeth.

Steel Bite Pro Review: Overview of the Supplement

Steel Bite Pro is an all-natural supplement that contains a mix of natural supplements to rebuild your gums and teeth.

The supplement contains 29 different foods that help you reduce the gum pain and other dental problems you have been facing for years.

More than 55,000 people have used Steel Bite Pro till now, and the results of the supplement are pretty impressive. Furthermore, the supplement is prepared in an FDA-approved facility in the USA.

It is available in the form of pills that you can consume anytime, so using the supplement is incredibly convenient. There are numerous benefits of using the Steel Bite Pro as it solves a plethora of dental problems.

Click here to Get the Best Deal on Steel Bite Pro from the Official Website.

Pros and Cons: Steel Bite Pro

To understand the supplement better, it is essential to know about its pros and cons.

Pros

Convenient to Use

The dietary supplement is convenient to use as it comes in the form of pills. You can take the pill anytime, even when you are in your office or somewhere else. Now there is no need to use multiple kinds of toothpaste and splurge money by visiting a dentist.

All-Natural Ingredients

All the ingredients present inside the supplement are natural, and there are no chemicals that can harm your teeth or gums.

Affordable

When you compare the cost of 1 bottle with the cost of a special toothpaste with the fee that your dentist charges, Steel Bite Pro will seem much more affordable. The supplement is available in multiple packages, so you will find it affordable to use.

No Side Effects at All

There are no side effects to using Steel Bite Pro, so you can rest assured that you won't face any headaches or other issues while curing the oral issues. The reason why Steel Bite Pro has no side effects is due to its natural ingredients.

Designed by Experts

The supplement is designed by experts that have been in the industry for years.

No Additional Medicines Are Required

When you are using Steel Bite Pro, you can avoid using other medicines that you have been taking to cure oral issues.

Attacks on the Pain

There are several ingredients present in Steel Bite Pro that attack tooth and gum pain so that you get some instant relief with the supplement.

Comes With a Money Back Guarantee

The supplement comes with a 60-day money back guarantee, so you can claim a full refund if you find the supplement isn't working for you, or if it isn't doing what the manufacturer has promised.

Cons

You Can Purchase It From the Official Site Only

The supplement is only available for purchase from the Official Website. Sometimes the supplement gets out of stock, so you have to wait for it to get back in stock.

A Single Bottle Costs More

If you buy a single bottle of the supplement, it'll cost you more than other packages with multiple bottles.

Ingredients in Steel Bite Pro

All the ingredients present in Steel Bite Pro are natural and have proven benefits for humans. Here is a list of supplements explained in detail and how they can benefit you if you start using Steel Bite Pro.

Turmeric

As per a study, there are innumerable benefits of using turmeric on your teeth. The natural herb has antimicrobial properties that help remove the plaque effectively from the teeth, exterminate bacteria and help cure sensitivity.

Moreover, turmeric is good for fighting oral inflammation issues. When applied on teeth, the ingredient gives instant relief from pain and is effective in curing mouth ulcers as well.

Berberine

Berberine is a natural herb with proven antioxidant power to help you get rid of microorganisms developing inside the mouth. Furthermore, the ingredient has anti-inflammatory properties and is good for curing oral issues caused due to viruses and bacteria.

Yarrow

It is another natural ingredient that is used in a range of health supplements due to its healing power. The ingredient naturally heals the gums and the damage caused to the teeth by bacteria and microorganisms.

As per a study, it helps reduce the infection, oral pain, and cures other dental issues.

Milk Thistle

Your liver has a significant impact on your oral health, and that's where milk thistle works. The natural ingredient eliminates toxins from the liver and detoxifies your mouth as well.

Here is a study that proves how milk thistle is beneficial in detoxifying the liver.

Alfalfa

The decaying of teeth is the initial phase of damage caused by bacteria thriving inside your mouth. Alfalfa works by reducing tooth sensitivity drastically and repairs the tooth decay caused by the bacteria.

It even stops the bacteria from growing further so you can expect good oral health.

Ginger

A lot of natural supplements for teeth contain ginger because of its benefits on the teeth and the stomach. This ingredient present in the Steel Bite Pro reduces nausea and inflammation.

As per this study, there are umpteen other benefits of ginger as well, such as it maintains the pH inside your mouth.

Jujube Seeds

Jujube seeds are good for boosting the immunity. Also, the ingredient has excellent antioxidant properties and is rich in Vitamin C, which is beneficial for the teeth and overall oral health.

Dandelion

Dandelion is a natural ingredient extracted from herbs. The ingredient is rich in minerals and has immense benefits such as fighting the bacteria and preventing the infections occurring inside your mouth.

Zinc

Zinc is essential for teeth, and that is why many toothpaste brands advertise that their product contains a good amount of zinc. Further, zinc is a natural immunity booster and fights against bacteria to prevent gum disease and cavities.

Moreover, zinc repairs the enamel on your teeth that's damaged due to toothpaste or any other reasons. Here is a study that shows the benefits of zinc for your teeth and mouth.

Chicory Root

Chicory root acts as a catalyst and increases the effectiveness of other ingredients. The reason why you get instant relief from pain after using Steel Bite Pro is due to the presence of chicory root in the pills.

Celery Seeds

Bacteria result in bad odor and can create cavities in the teeth. Furthermore, some bacteria result in tooth decay and harm the gums. The celery seeds fight these bacteria and prevent further growth.

Yellow Dock

To stay healthy, the teeth need to absorb the minerals present in the saliva. When your teeth are damaged for any reason, they stop absorbing the minerals, and the damage continues further.

Yellow dock helps the teeth to absorb the minerals while reducing the inflammation. Various studies have proven the efficacy of yellow dock for teeth and gums, and it is a natural and effective ingredient to keep the teeth healthy.

Raspberry, Chanca Piedra, and Artichoke

These three natural ingredients have similar properties and contribute a lot to the effectiveness of Steel Bite Pro. The ingredients have good amounts of vitamins and minerals, including Vitamin K, Vitamin C, magnesium, phosphorus, and folate.

The purifying agents will remove bacteria and other impurities from the mouth so that the other ingredients work well by repairing the teeth and gums.

Feverfew

The worst thing about oral issues is the pain that you have to go through. Steel Bite Pro claims to help with the pain as it contains feverfew, which is a natural pain reliever. The ingredient suppresses oral and dental pain so you will feel better instantly.

As per a study, there are some other benefits of feverfew, because it is a medicinal plant that suppresses other pains as well. Also, there are no side effects of feverfew at all.

Burdock Root

The root of the burdock plant comes loaded with antioxidants that improve the gum health and the overall health of your mouth.

The best thing about Steel Bite Pro is that the ingredients are present in exact quantities, so you can rest assured that there will be no side effects. Every ingredient is tested in the labs for its efficiency, and that's what makes the Steel Bite Pro a considerable option if you want to improve your oral and dental health.

Click here to See the full list of ingredients in Steel Bite Pro on the official website.

How Does Steel Bite Pro Work?

It is crucial to understand how the supplement works so that you can decide whether to invest in it or not. Below is a step by step process that will help you understand Steel Bite Pro on the go.

Step 1:

When you start consuming the supplement, the pills break down in your mouth. The ingredients then mix with saliva to perform their particular actions.

Step 2:

The ingredients fight the bacteria and heal issues such as wounds while reducing the inflammation caused in the mouth.

Step 3:

The supplement cements the root of the teeth so that there are no further oral and dental issues. Also, it heals the gums and repairs the enamel to provide you relief from sensitivity.

The minerals present in these ingredients strengthen the crown area of the teeth while repairing the cracks so that the damage can be stopped.

Step 4:

The supplement also has some impact on your overall health as the ingredients detoxify the liver by flushing away the toxins.

Step 5:

Consuming the supplement regularly will help you maintain the shield on the teeth that fights against bacteria and microorganisms. Also, it improves the condition of the teeth and curtails bad breath.

The working of Steel Bite Pro is really simple, as there are no complex ingredients present in the supplement. It is easy to use, and all you have to do is consume the pill regularly to keep your oral and dental health up to the mark.

Benefits of Steel Bite Pro

There are many benefits of using Steel Bite Pro since it is an all-natural supplement that has no side effects at all. Here are some benefits you need to consider before buying it.

Prevents Bleeding and Improves Gum Health

The reason why your teeth bleed is due to the loose gums. The space between the tooth and the gum results in bleeding, and that's where Steel Bite Pro helps. The supplement tightens the gums so that there is no bleeding at all.

Whitens the Teeth Naturally

The ingredients present in the supplement, such as zinc and milk thistle, whiten the teeth naturally. There is no need to invest in expensive teeth whitening toothpaste if you are using Steel Bite Pro.

Reduces Bad Breath

The supplement contains ingredients that improve the overall health of the teeth, and it automatically reduces bad breath.

Helps Cure Tooth Pain

Steel Bite Pro has feverfew, which is a natural pain reliever ingredient. The ingredient cures tooth and gum pain and can have instant results after you consume Steel Bite Pro.

Click here to Learn more about the Benefits of Steel Bite Pro on the official website.

Side Effects of Using Steel Bite Pro

You may find it surprising, but Steel Bite Pro has no side effects at all as the supplement contains natural ingredients and has exact quantities so that there are no ill effects on your health. If you keep using the supplement as prescribed, then it can have some excellent results.

Who Should Refrain from Steel Bite Pro?

Steel Bite Pro is an all-natural dietary supplement to improve your dental and oral health.

Anyone can use the supplement, including pregnant women and breastfeeding mothers. There are no harms of using the supplement.

However, it would be great to consult a doctor before using the supplement to find out if you are allergic to any of the ingredients.

Dosage and Tips to Start

To get the most from Steel Bite Pro, you should consume two pills with water every day. Take both capsules together anytime that's convenient for you.

To get the best results, follow a brushing regime, and massage your teeth regularly with some good-quality oil to increase the effectiveness of the pills.

Where to Buy Steel Bite Pro, and Guarantees?

You can only buy Steel Bite Pro from the Official Site, as the supplement is not available anywhere else for purchase. You can choose from three available options:

●1 bottle (60 pills) $69

●Three bottles (180 pills) $117

●Six bottles (360 pills) $294 (Best Deal)

You get a 60-day money back guarantee with all the packages, no matter if you go for one bottle or six bottles. You are eligible to claim the full refund within 60 days of the date of purchase.

Steel Bite Pro Reviews: Closing Thoughts

After this definitive review, it will be easier for you to find out whether you should use Steel Bite Pro or not. The supplement contains a mix of 29 natural ingredients that have proven benefits and are tested in labs.

It is essential to get rid of oral and dental issues before things get out of control and you have no option left despite visiting a dentist.

Getting a good quality supplement is essential, so Steel Bite Pro is a viable option if you need a supplement with no side effects.

Anyone can use this supplement irrespective of age, sex, and medical conditions. Lastly, buy the supplement only from the official site so that you can easily claim the refund if required.

Click here to Get the best deal on Steel Bite Pro from the official website.

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