by Curt Ashenfelter, Executive Director
At a press conference on April 23, Rep. Greg Vitali, Democratic Chairman of the House Environmental Resources and Energy Committee said, “Anadarko’s plan if enacted would destroy the wild character of the State Forest.”
Keystone Trails Association and others added their voices at the press conference to express their concerns about gas drilling in the Loyalsock State Forest.
Following the press conference and a May 3rd House Democratic Policy Committee public hearing on the impacts of gas drilling on the Loyalsock State Forest on May 23 DCNR caved into public pressure and reversed course on its opposition to a public hearing on the issue. DCNR has announced it will now hold a public hearing on June 3.
All KTA members should take time out of their busy schedules to attend and comment. Lacking the ability to attend, written comments can be submitted to loyalsock@pa.gov.
In testimony before the Pennsylvania House Democratic Policy Committee the Keystone Trails Association called on the General Assembly to protect the Old Loggers Path and the Loyalsock State Forest from gas drilling. In part I testified,
“Commonwealth Court has ruled on DCNR’s ability to protect the Clarence Moore Tracts in the Loyalsock State Forest through a deed restriction and the Keystone Trails Association strongly recommends that this committee encourage DCNR to continue to reject gas drilling on the Clarence Moore Tracts.”
The 1933 deed restriction has caused a fair amount of confusion for many individuals following this story.
Earlier in the day Mark Sybrist, Staff Attorney for PennFuture had testified, “The Commonwealth bought the surface of the Clarence Moore lands in 1933 from the Central Pennsylvania Lumber Company. In the deed, the company retained ownership of the oil and gas interests under 18,870 acres of land. (The oil and gas under the remaining acreage had already been sold). But the company also agreed to a deed provision that limited the surface use rights accompanying oil and gas ownership to a term of fifty (50) years. In the 1980s, the DCNR (then the DER) and Clarence Moore (a previous owner of Anadarko’s current interest) went to court over the Clarence Moore lands. In 1989, the Commonwealth Court ruled that because of the deed, the Commonwealth had gained exclusive surface control of the 18,870 acre-area in 1983. Clarence W. Moore v. DER, 129 Pa. Commw. 628, 566 A.2d 905 (Cmwlth. Ct. 1989).
When Anadarko acquired its share of the oil and gas interests in 2006, the surface rights that formerly accompanied those interests had lapsed twenty-three years earlier. Anadarko was surely aware of this.” For full copy of Mark’s testimony, click here.
The deed restriction allows DCNR to restrict gas development on the Old Loggers Path. I further testified, “Bad behavior on the part of gas drillers in other state forests cannot be allowed to be repeated in the Loyalsock State Forest. There have been numerous hiker/gas driller conflicts in other state forests and we fear for their repetition in the Loyalsock State Forest.
Those conflicts include:
Later I concluded with, “It is hard to understand how letting gas drillers on the Clarence Moore tracts while discouraging Pennsylvania hikers and others from outside the state from enjoying the Old Loggers Path is an economic win/win. Gas drilling on the Clarence Moore Tracts will deprive the state of valuable tourist dollars.
We believe that the case that is being made for drilling on the Clarence Moore Tracts is seriously flawed. We do not believe that there will be a great economic benefit to Pennsylvania if you drive out the hikers and others who travel to the Loyalsock State Forest and allow a gas drilling on the Old Loggers Path.
The Keystone Trails Association wants to be clear on its concerns; expanding gas drilling to the Clarence Moore Tracts will destroy the Old Loggers Path.
That is a choice the General Assembly must carefully consider.
Our Pennsylvania hiking community, over 3.8 million strong, is justifiably proud of the Old Loggers Path. We look to the Pennsylvania Department of Conservation and Natural Resources to preserve and protect the Old Loggers Path and the Loyalsock State Forest. We look to the state legislature to maintain a healthy balance between those who seek to use the Clarence Moore Tracts for gas drilling and the interests of the hiking community.”
You can read my entire testimony by clicking here.
The hearing was well attended by State Representatives from various parts of the state. I would encourage you to call your State Representative and State Senator and share your concerns about DCNR, the Loyalsock State Forest and the Old Loggers Path. Momentum is building and many stakeholders representing diverse viewpoints are expressing their concerns to state government about gas drilling in the Loyalsock State Forest. Add your voice to the discussion, you may be surprised by the response you receive from your State Representative and State Senator. Send me an email and let me know your position and the positions of your State Representative and State Senator. We may have a majority very soon.
As a result of public pressure the Department of Conservation and Natural Resources will hold a public meeting on Marcellus Shale issues in the Loyalsock State Forest, Lycoming County, from 4 to 6 p.m. on Monday, June 3 at Lycoming College in Williamsport.
In a recent press release DCNR reported, “DCNR is responding to requests that the public be given the chance to provide the department with information and comments on possible gas development in the Loyalsock, in an area where we do not own the subsurface rights. This meeting is the completion of a series of interactions with the public regarding this complicated and long-standing issue, including a local stakeholder meeting and a public web-based information session. The meeting will be held in Wendle Hall, Academic Center, off of Mulberry Street. All are welcome to participate in the public meeting. Registration is not required. Participants will be offered the opportunity to make comments with a five-minute time limit.”
The Keystone Trails Association will continue to protect and preserve state forest hiking trails from gas drilling. Please consider supporting Keystone Trails Association’s advocacy efforts on behalf of the Old Loggers Path with a contribution today. Without your support, we cannot fund these activities indefinitely.