"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)
for a Constructive Tomorrow
- Testimony in Support
of the Shallow, Conventional Oil and Gas Producers in Opposition
to Pennsylvania's Proposed Oil and Gas Surface Activities Regulations,
This is a group of selected statements to Pennsylvania's
Environmental Quality Board in support of the conventional oil
and gas producers and drillers, explaining why the state's
Department of Environmental Protection's proposed changes
to chapter 78 oil and gas surface activities regulations, which
were drafted in response to the development of the deep, large-scale
Marcellus Shale oil and gas wells, but are not appropriate
to be applied to the shallow, conventional oil and gas producers
and drillers with their small scale operations and should not
be applied to them.
On January 22, 2014, the comment period was extended to March
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?
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."
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.
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.
- "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
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."
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.
- "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
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.
- BATH PETROLEUM STORAGE, INC.
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. 0102144, 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.
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.
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.
- BATH PETROLEUM STORAGE, INC.
Over-regulation of Small Oil Producers" - By Carol W. LaGrasse
(Reprinted from The Property Owner's Experience,
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.