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Energy Production and Distribution Obstruction - National

New information added on July 26, 2014

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Updates and News Briefs

"Oil and Gas Producers in Allegheny National Forest Win Preliminary Injunction" - Reprinted from New York Property Rights Clearinghouse, Vol. 14, No. 1 (PRFA, Winter 2010)

"Mountain States Legal Foundation Goes Public That it is the Legal Entity Suing on Behalf of Pennsylvania Oil and Gar Producers" - News Brief, PRFA, Summer 2009

"Drill now for energy in America" Our abundant oil and gas would keep money, jobs, and opportunities here in the United States. By Roy Innis, Chairman of the Congress of Racial Equality, June 12, 2008 (Posted by permission)

See Also
See Also

Energy Production and Distribution Obstruction in New York

Mining - National Index

Additional Helpful Organizations
Additional Helpful

Committee for a Constructive Tomorrow


In-Depth Information

  • Bonner Cohen, Ph.D."Energy Abundance or Poverty: The Choice of a Century" - By Bonner R. Cohen, Ph.D., Senior Fellow, National Center for Public Policy Research & Senior Policy Analyst, Committee for a Constructive Tomorrow, Washington, D.C., address to the Sixteenth Annual National Conference on Private Property Rights (PRFA, Latham, N.Y., October 20, 2012)
    The promise of energy independence took Bonner Cohen, Ph.D., on a breathtaking overview of rural economies in states such as North Dakota since the development of oil and gas resources in shale. The "shale revolution," as Dr. Bonner referred to it, combined with changing demographics, is also upending the power relations of nations and continents, with Russia notably facing the specter of Europe's capacity to produce its own energy, and China posturing against Vietnam over oil and gas-rich islands in the South China Sea. Will the United States succumb to the demonization of shale gas by environmentalists and relegate management of these resources on private property to Washington, or will the promise of prosperity be fulfilled through wise utilization and local regulation at the state level?
  • Carol W. LaGrasse"Eminent Domain & Land Regulation Should Be Reined In" - By Carol W. LaGrasse, President, Property Rights Foundation of America, Inc., December 2010
    Full report on Fourteenth Annual National Conference on Private Property Rights, Lake George, New York, October 23, 2010. William Perry Pendley, President and Chief Operating Officer of Mountain States Legal Foundation in Lakewood, Colorado, delivered the Keynote Address on "A National Pattern: Historic Oil & Gas Producers in Allegheny National Forest in Pennsylvania are Heading off Environmental Litigators."
  • "Pennsylvania Oil and Gas Producers Plan to Sue U.S. Forest Service" - By Carol W. LaGrasse, Reprinted from New York Property Rights Clearinghouse, Vol. 13, No. 2 (PRFA, Spring 2009)
    Oil and gas producers in the Allegheny National Forest are bringing a federal lawsuit against the U.S. Forest Service because the agency issued obstructive new regulations after settling a lawsuit brought by environmental groups to impose NEPA on the use of the privately held mineral rights This obstruction of the exercise of mineral rights of oil and gas producers, which operated long before the National Forest was created, is part of wider policy change. Although the original purpose of the National Forest was timber production, the harvests and the revenue for local towns have recently been drastically cut back.
  • Jason Knox"Property Rights Update from Washington, D.C." - By Jason Knox, Esq., Legislative Staffer, Subcommittee on National Parks, Forests and Public Lands, U.S. House of Representatives, Washington, D.C.; Twelfth Annual National Conference on Private Property Rights (PRFA, Albany, N.Y., October 18, 2008)
    The environmentalists are using legislation against energy transmission corridors. They're promoting Heritage Areas and wilderness designations as "economic redevelopment" while eliminating good-paying jobs. The urban Taunton Wild and Scenic River is meant to stop a gas pipeline. The 1,082-page resources omnibus bill would tie up 2 million acres as wilderness, including 1.2 million acres in Wyoming to stop use of gas and oil resources. The National Land Conservation System would codify Clinton/Gore National Monument designations. Right now, focus on energy. Make your voice heard on land use issues, project by project. Freedom of Information requests are a powerful tool.
  • William Perry Pendley"The New Wars for the West" - Keynote Address by William Perry Pendley, Esq., President and Chief Legal Officer, Mountain States Legal Foundation, Lakewood, Colorado; Eleventh Annual National Conference on Private Property Rights (PRFA, Albany, N.Y., October 13, 2007)
    Perry Pendley successfully defended John Shuller against the U.S. Fish and Wildlife Service when, in self-defense, he shot a grizzly bear. He won the case for Larry Squires, who wanted to allow disposal of oil field brine in dry sink holes on his property. Mountain States Legal Foundation is fighting for inholder access to their property blocked by the U.S. Forest Service. Pendley has argued successfully three times before the U.S. Supreme Court on the right of contract regardless of race or ethnicity, against what is called "affirmative action."
  • "Update from Congress" - By Jason Knox, Esq., Member of Legislative Staff, Natural Resources Committee, Subcommittee on Forests and Public Lands, U.S. House of Representatives, Washington, D.C.; Eleventh Annual National Conference on Private Property Rights (PRFA, Albany, N.Y., October 13, 2007)
    Part of the legislation that Nancy Pelosi would like to ram through Congress is H.R. 6 to take, Chavez-like, the contracts of oil companies awarded to drill on the outer continental shelf during the Clinton Administration. A National Heritage Area omnibus bill (H.R. 1483) would accomplish the Journey through Hallowed Ground and Niagara Falls National Heritage Areas, among others. The Niagara Falls area would involve the National Park Service in casinos. H.R. 2016 would do away with multiple use in BLM lands, making billions of acres into defacto wilderness.
  • Thomas J. Borelli"Invest for Freedom-To Stop the Use of Capitalism Against Capitalism" - By Thomas J. Borelli, Ph.D., Managing Partner and Portfolio Manager, Free Enterprise Action Fund, Eleventh Annual National Conference on Private Property Rights (PRFA, Albany, N.Y., October 13, 2007)
    Environmental organizations are harnessing major corporations like Pepsico, Caterpillar, General Electric and JP Morgan Chase against their own corporate interests and capitalism itself to promote universal government government-funded health care and an economy centered on global warming-based regulation. Acting as a shareholder activist, the Free Enterprise Action Fund successfully sought a stockholder proxy at JP Morgan Chase against their support for global warming regulation.
    • "Amicus Curiae Memorandum of the New York State Propane Gas Association in Support of Motion for Leave to Appeal" - Bath Petroleum Storage, Inc., et al., v. New York State DEC, et al., New York State Court of Appeals (Civil Appeal No. 01—02144, Nov. 2002)
      The decline of propane storage capacity and the existence of only one propane pipeline in New York State, the effect on meeting consumer demands, the limitation of judicial deference to administrative agency determination (court precedent has not extended judicial deference to unlawful actions of administrative agencies), the need to overturn the appellate division's ruling because it would allow the agency to stonewall an applicant for a renewal permit with overly burdensome and irrelevant informational requests. DEC seeks to impose regulations that were proposed but not enacted.
    • "Notice for Leave to Appeal with Memorandum in Support" Bath Petroleum Storage, et al., v. New York State DEC, et al., New York State Court of Appeals (Civil Appeal No. 01-02144, Nov. 4, 2002)
      Bath Petroleum Storage, Inc. and E.I.L. Petroleum, Inc. (BPSI) applied for a renewal of its State Pollutant Discharge Elimination System Permit that had been in effect for 24 years. DEC issued a number of notices of incomplete application that sought additional information. In many cases, however, the information sought was not new; rather DEC demanded that BPSI change its answers to particular questions contained in the application. Despite numerous supplemental submissions, DEC denied the application on the basis that it was incomplete. On appeal, the administrative law judge determined that BPSI was not entitled to a hearing, which was confirmed by the DEC deputy commissioner. However, Livingston County Supreme Court Judge Raymond E. Cornelius ruled that DEC's reliance on its completeness determination to deny the permit application and thereby block BPSI from ever challenging DEC's actions by obtaining a hearing was arbitrary and capricious. The Appellate Division Fourth Department reversed Judge Cornelius in a two-paragraph summary opinion stating that its inquiry was limited to determining whether DEC had articulated a rational basis for its decision.
  • "DEC's Over-regulation of Small Oil Producers" - By Carol W. LaGrasse (Reprinted from The Property Owner's Experience, April 1998)
    Over the past fifteen years, thousands of oil wells in the Bradford Field in southwestern New York have gone out of production. Although the wells have the capacity to produce oil for many years, the operators are squeezed by low prices and increased costs of environmental regulation.

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