Marcellus Shale

Serfdom, Coming to a Town Near You

The United States was founded on the doctrine of freedom. America is where liberty has always supported a healthy economy. This is evident in Pennsylvania, as landowners all across the state were able to choose to develop their Marcellus Shale natural gas resources. The Commonwealth, as a result, now enjoys a new age of prosperity.

Meanwhile, in New York, fundamental liberties are in question every day. Local governments are purposefully ignoring state preemption, with the advice of the agenda-driven, Park Foundation funded Community Environmental Defense Council (CEDC).  Landowners in places such as Dryden and Middlefield; have become victims of irresponsible exercise of local control, as these communities have banned all natural gas development. These bans not only limit residents’ property rights, but they also heavily restrict self-determination to buy natural gas products for heating and cooking. Choice and freedom have been seemingly stripped away in these two towns.

Traveling the Road to Serfdom Again

Seventy years ago, economist and philosopher Friedrich Hayek warned about this type of totalitarianism and the immense dangers excessive government, at any level, could have on society:

The economic freedom which is the prerequisite of any other freedom cannot be the freedom from economic care which the socialists promise us and which can be obtained only by relieving the individual at the same time of the necessity and of the power of choice. (The Road to Serfdom)

Now Hayek’s prevailing fear is coming true. Local governments in New York are limiting personal rights (liberty of choice). These bans are perpetuating the Park Foundation’s ultimate goal of blocking natural gas development in the region by blocking the ability of private landowners to develop their mineral rights.

The EID-Marcellus team has covered this now infamous effort by the CEDC and its  lawyer David Slotjje, numerous times. Please revisit any of these articles for more information: NY Law Provides Legal Recourse to Towns Duped by Slottje , Vestal Knows Marcellus Natural Gas Bans Are Illegal, The Great Davidski Tries to Ban Natural Gas and Disappear.

The CEDC’s Next Target

Poster of Woodstock

Woodstock Poster

Southeast of Dryden and Middlefield, sits the quaint town of Bethel, New York. This particular spot was once famous for hosting Woodstock – the popular music festival that defined a generation. Now, it hosts an intense debate over banning natural gas development. Like Dryden and Middlefield, the town board in Bethel has received guidance from CEDC’s lawyer David Slottje. Since last August, this particular board has held numerous public hearings.

At a recent public comment session, residents and farmers struggling to make ends meet cautioned against banning natural gas from the Marcellus Shale. At the same time, many second home owners, supported such a ban to “protect” their vacation areas from imagined threats. The video below was taken at a recent hearing:

As you can see, those opposed to natural gas support the town ban on Marcellus Shale development because they have nothing to lose  if the town bans development.  Long-time local residents however often end up losing their homes and leaving the area in search of economic opportunity elsewhere, forfeiting land to wealthy individuals who can afford to live in the area.  It is a distinctly modern and rural form of gentrification.

Serfdom to Second Home Owners Is The Price of Liberty Surrendered

This pattern is just fine with some, though certainly not all, second home owners, who present a number of false arguments for their anti- natural gas position.  Here are a few of the more familiar:

Risks of Polluted Water and Air.  Consider it the Holy Grail argument of “fractivists” everywhere.  Natural gas development and hydraulic fracturing, in particular, are not safe, often citing Dimock as their evidence.  EPA recently announced the water in Dimock is safe to drink.  You can read StateImpact or Businessweek’s coverage for more information. For those seeking more scientific and historical evidence, check out EID’s own John Krohn’s latest EWG Fractures the Truth on Hydraulic Fracturing.  Most importantly, the Groundwater Protection Council,U.S. EPA Administrator Lisa Jackson and others have all said hydraulic fracturing poses no risk to groundwater resources.

Road Damage. How many times have we heard about how natural gas development will crush local roads?  Too many times, is the answer.  What you don’t hear about are the significant investments made by the industry to ensure roads are in a much better condition than they were ever found. The natural gas industry has collectively spent over half a billion dollars in Pennsylvania over the last three years maintaining and rebuilding roads. This is much more then Pennsylvania’s Department of Transportation could afford during that same time. Also, the industry enters into road use agreements to maintain roadways everywhere the industry does business.

Second home markets are the driving force of economy and this is threatened by natural gas development.  The second home market is a supplement to the local economy, not the foundation, due its highly seasonal nature. Furthermore, it is cyclical with a strong correlation to the standard home buying market. The illusion that second home buying could support a local economy is only remotely imaginable if something is first drawing people to purchase a second home. For example, ski resorts or the ocean are two prime real estate areas typically supporting a second home market.  Bethel, New York does have the Bethel Woods facility, which is an important draw that has helped to revitalize some small commercial areas proximate to it such as Kauneonga Lake, but that prosperity extends very little distance and has not saved various restaurants and bed and breakfast facilities that one would have thought were natural beneficiaries of the concert site and museum operations.  Bethel and every other town in Sullivan County faces declining agriculture, a collapsed construction industry and a total loss of manufacturing.  Are second homes going to replace those economic staples?  Don’t bet on it!

No, Bethel, like all of upstate New York is in the doldrums but it has the potential means to recover if it embraces natural gas development.  Will the town seize the opportunity to allow natural gas development or will it seize the liberty of its landowners?  Will those landowners have the freedom to pursue happiness or will they be serfs?  It’s an old question before us every single day.  History tells us, unequivocally, the price of surrendering liberty is serfdom.  Is Bethel listening?

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44 Comments
  • Andy Leahy
    Posted at 17:36h, 19 March Reply

    It amazes me that the Slottje’s go unchallenged in describing their efforts as free, pro-bono, educational guidance.

    Aren’t they simply lobbyists paid by the Park Foundation?

    • Victor furman
      Posted at 20:15h, 20 March Reply

      YES !!!

  • Kilgour Farms
    Posted at 17:37h, 19 March Reply

    The Bethal town board as well as NYC/NYS would do well to read up on the Anti-Rent wars in Delaware County in the 1840’s. I thought that was the end of serfdom in the US but I could be wrong from the looks of things it may have never ended.

  • Angelika Preston
    Posted at 18:17h, 19 March Reply

    Bethel and every other town in Sullivan County faces declining agriculture, a collapsed construction industry and a total loss of manufacturing. Are second homes going to replace those economic staples? Don’t bet on it!

    What manufacturing? Agriculture is on the rise and organic farming is thriving, construction collapse is linked to the housing bubble burst and will recover. Second homes are the backbone of many of the towns. Don’t kid yourself.

    You don’t believe in Democracy. That’s the whole problem. Each town gets to vote in favor of it’s majority of citizens and that IS Democracy. I’ll be damned if a town like yours gets to decide what is best for my town. I’ll decide along with all the other residents. How dare you!
    I believe in community and not the selfish, self centered ignorance of the individual.

    • Tom
      Posted at 23:25h, 19 March Reply

      That last part is pretty darned scary because this country was built on the guarantees of individual life, liberty and pursuit of happiness. If you do not recognize that …

      • Victor furman
        Posted at 20:18h, 20 March Reply

        It’s called “socialisim” Tom. God Help us from these liberals who only think there world is the perfect world

      • Kilgour Farms
        Posted at 21:56h, 20 March Reply

        “The collective”

  • wil hughson
    Posted at 21:43h, 19 March Reply

    I live in bethel.been farming here my whole life.my father wants to retire someday .he’s 70.no future in farming in this town it seems.guess its about time to get a state job and sell off our land.

    • Tom
      Posted at 23:26h, 19 March Reply

      I totally sympathize.

  • Kilgour Farms
    Posted at 11:24h, 20 March Reply

    From what I’ve read these zoning re writes are not just about banning ng development but an assault on private property rights as a whole. These go well beyond limiting drilling and encompass a whole range of activities that the town board has seen fit to restrict or ban altogether. They’re in fact trying to turn their towns into bed and breakfast communities willing to sacrifice the local residents for the benefit of second home owners who own little in the way of land, a town supervisor in one of the towns mentioned in the article told me as well as a room full of people that they are catering to the second home owner, that statement says it all.

    If they want to restrict drilling I suggest instead of banning industry through zoning why don’t they team up and form land owner groups, much like those who want to extract minerals and with the numbers they claim to have, block any development from happening, according to the polls some of the anti drilling groups have come out with it should be easy for them to form these groups shouldn’t it? If they have the numbers they claim it should be a no brainier.

    • unreceivedogma
      Posted at 17:26h, 20 March Reply

      Kilgour is a little disingenuous. In Sullivan county, a recent poll shows those opposed outnumber those supporting drilling by over 2-1. It’s may very well be fair to say that those supporting drilling have twice as much land as those opposing it, so obviously Kilgour would prefer to use acreage as the standard that should govern this dispute. Also, use your real name next time if you want to get published.

      • Tom
        Posted at 18:02h, 20 March Reply

        Sorry, but that poll was disingenuous. The real poll was the election of 2011 and in that one those who favored natural gas development were the ones elected to town boards in those communities who actually have gas potential. Regardless, we do not assign property rights in this country based on public opinion at the moment. If we did, many second home owners would never have been allowed to enter.

        • Stan Scobie
          Posted at 20:28h, 20 March Reply

          Tom:

          Saying: “Sorry, but that poll was disingenuous.” certainly doesnt make it so.

          Could you elaborate?

          Stanley R Scobie, Ph.D.,Binghamton, NY

          • Tom
            Posted at 23:14h, 20 March

            Who answered the poll, Stan? Any pollster can produce whatever results they want by skewing the sample. Residents will produce a different result than voters which will, in turn, be different than likely voters. National media polls, for example, routinely oversample one party to be able to build momentum for favored candidates. They also regularly produce polls showing people want to be taxed more and similar conclusions we know aren’t real based on voting outcomes and that is the case here.

          • Stan Scobie
            Posted at 01:52h, 21 March

            Tom:

            I am having difficulty understanding your answer.

            What I was asking was what exactly was wrong or disengenuous about that particular poll.

            There is a national poll just out that reports that americans favor fracking by 52 to 35. The report goes into great detail about the methodology used to get a representative sample:

            http://www.people-press.org/2012/03/19/as-gas-prices-pinch-support-for-oil-and-gas-production-grows/1/

            Is that one also disengenuous? Is your theory that all polls are disengenuous?

            If so, then there is nothing especially wrong about the Sullivan poll. However, we note that the Sullivan poll was for the whole county and not for any particular towns.

            Is that what was wrong with the poll? If that is the criticism, then it might be better to assert that the Sullivan poll and the town-level election results were addressing different sets of people.

            Comment?

            Stanley R Scobie, Ph.D., Binghamton, NY

          • Tom
            Posted at 06:21h, 21 March

            The answer is simple. We have no idea who answered the poll because it’s never explained, unlike in the case you are citing. See Kilgour Farms’ comment and the election results.

        • unreceivedogma
          Posted at 22:11h, 20 March Reply

          Sorry, but candidates to oppose pro-drilling town superintendents – who, by the way, may be removed through lawsuits due to their clear conflict of interest – were put forward at the last minute. In spite of that many did surprisingly well with an electorate whose criteria for public office is little more than that he is a good auto mechanic.

          • Tom
            Posted at 23:17h, 20 March

            This is your last post without a real name but it was too good not to use with that condescending last line, which proves every point Bill made in his post. I don’t know who you are, but I do know you view locals as serfs don’t I?

      • Victor furman
        Posted at 20:23h, 20 March Reply

        unreceivedogma

        Fear and Fear based indoctrination is how you get your numbers… too bad so sad people are waking up to the lies…. A lot of them got knocked right out of bed with the EPA Report showing no frack chemicals in the Dimock PA water this week.

        Victor Frackman Furman “Real Enough for ya

      • Kilgour Farms
        Posted at 21:53h, 20 March Reply

        The poll was for Sullivan and Delaware County , seperate polls were put out by the Catskill Citizens for Safe Energy, need I say more. I truly believe the polling company did what they were paid to do but… The polling company qualified the respondents as per CCSE on whether they were proficient on the subject of frac’ing but… CCSE never released to the public what the qualifying question asked the respondents was… bogus poll.

        The 2011 elections tells the tale not the bogus polls. The things some of these groups do to persaude people even if they have to fabricate information.

        You want to tell me what to do with my property PAY ME!!!!

  • Julie A. Edgar
    Posted at 17:11h, 20 March Reply

    you people are really missing the boat! individuals have the right to leverage their property for profit ONLY INSOFAR as they do no harm to their NEIGHBOR!!!! a person’s freedom to swing their arm STOPS at the tip of her/his neighbor’s nose. how many cases of water contamination from drilling happen because one’s neighbor leased, and then their neighbor’s water well went bad?? MANY!!! you are missing the point that this is an inherently contaminating process…from drilling, to fracking, to condensate tanks, to compressor stations, to open-air frack ponds, to noise pollution, to well-flaring, to diesel-fumes of traffic, to pipelines….ALL subject to accidents, leaks, spills, blow-outs, explosions!!!!! what about the rights of ALL citizens to live FREE of this kind of abusive corporate poisoning for PRIVATE PROFITS, and the rights of ECOSYSTEMS to flourish undisturbed and unmolested for the benefit of all who depend on the BIOSHPERE for LIFE?!?!? —>including you selfish people who fail to grasp this simple concept. how about the freedom of people to have their residences NOT suddenly be turned into TOXIC HEAVY INDUSTRIAL ZONES?!?!?! well casing failure rate is 100% on a long enough time scale. why should you get to make a few quick bucks, while the INDUSTRY makes the REAL CA$H!!!!—> on the heels of future generations being deprived of the right to benefit from the natural infrastructure which has been provided to us by the Earth for the collecting, cleaning, saving, and dispensing of water to all LIFE, in PERPETUITY?!?!? but WHY should you think of your children’s children, when you don’t even care about the person living next door?!?! the concept of FREEDOM is sullied and besmirched by pathologically selfish people like yourselves who would take a few fast bucks to criminally injure others in their community and the lives of generations yet to come. shame, shame, shame on you.

    • Tom
      Posted at 17:59h, 20 March Reply

      Your comment is entirely based on speculation. Remember Crystal Stroud’s accusations? They turned out to be baseless. Remember all the assertions from the Sautner household about their contamination. Well, now the EPA says it isn’t so. Remember the Pavillion hype? Now, the EPA is backing off and redoing the its studies because the data and testing methods were flawed. Remember the flaming faucet in Gasland? It was that way before gas was developed and Josh Fox knew it!

      Zoning is a derogation of the common law and that you don’t get to take away someone else’s property rights without compelling evidence yours are threatened. You don’t have it. It’s that simple.

      • Julie A. Edgar
        Posted at 02:53h, 21 March Reply

        no speculation here:
        http://www.propublica.org/article/so-is-dimocks-water-really-safe-to-drink
        or here:
        https://www.facebook.com/notes/josh-fox/worth-reading-dimock-water-expert-analysis/10150747392831499
        and INDEPENDENT private well water testing (by a credentialed hydrogeologist) of friends of mine on Carter Road were as follows:
        High levels of:
        acetone
        aluminum
        arsenic
        barium
        beryllium
        bromodichloromethane
        butylbenzylphthalate
        chlorine
        dibromochloromethane
        ethane
        lead
        lithium
        methane
        nitrate
        silicon
        strontium
        sulfate
        TDS (total disovled solids)
        thoramium 228
        uranium 234, 235, 238

        it is worth noting that, due to conflicting political pressures incumbent upon the EPA due to the shilling by the President for shale gas, including his “Global Shale Gas Initiative” conducted with taxpayer dollars, which promotes the private profit interests of fracking corporations worldwide, this *may* be an excellent explanation for why the EPA keeps giving us mixed messaging. why else would they so casually release preliminary findings from only 20% of their samples, indicating arsenic and methane, so that Reuters and others could spin the news oversimplistically AND inaccurately, that Dimock’s water was “SAFE”?? ridiculous, unscientific, and politically-motivated to the most casual observer. even my teenage daughters understand this kind of BS.
        http://www.truth-out.org/fracking-fight-activists-cry-fowl-epas-dimock-water-test-announcement/1332263627
        and just because Kriminal Krancer appointed by Corporate Corbett denied that drilling was responsible for Crystal Stroud’s blood barium poisoning, does NOT make it so. these people are liars from the get-go, bought and paid for even more than YOU are, Tom. i have no vested financial interest in my advocacy. i am a 100% unpaid, more-than-full-time, volunteer citizen advocate. i do what i do cuz i CARE, NOT for money. i spend money out of my own pocket! and i bet that all the other pro-gas people who comment on here are also NOT neutral– i bet they all have signed leases, or have SOME vested financial interest in drilling. this speaks volumes. your reply to my comment was PURE PROPAGANDA. Goebbels would be proud.

        • Tom
          Posted at 06:29h, 21 March Reply

          Your “holier than thou” comment says it all. You don’t like the outcome, so you challenge the standards after the fact. You provide a list of contaminants without explaining whether the amounts are significant or exceed standards and you don’t offer anything that would suggest they are related to natural gas exploration. You resort to childish name calling and and anti-capitalist screeds and then you accuse us of propagandizing when you’ve not provided a single relevant fact that supports your contention. You are reaching the bottom of the barrel in terms of justifications to support what you want to believe but isn’t true – that the Dimock litigants are after anything but a huge financial killing from their lawsuit. Look at what you’ve written, Julie. You aren’t making a case. You’re simply screaming and avoiding the truth.

    • Victor furman
      Posted at 18:35h, 21 March Reply

      Can I get your phone number ….. I like candle lite dinners and walks amongt well pads

  • Erwin Dale Brown
    Posted at 18:22h, 20 March Reply

    That is farm land up there. Those farmers got to get used to the idea that once it happens you have to get rid of your live stock so it will not get poisoned. And you can’t sell meat from animals that live on fracked land and you can’t sell food grown on fracked land. The 2 dollar question: “Why would anyone owning a good sized tract of land knowingly destroy the equity dollar value of their investment in the property by allowing it to be drilled upon?”

    • Tom
      Posted at 18:32h, 20 March Reply

      More speculation, more hysteria – no facts.

    • Victor furman
      Posted at 20:26h, 20 March Reply

      Erwin…

      Whats being destroyed here is the American right to own property and not have some half baked fracking expert go town to town with only half truths and accusations

  • Jennifer Young
    Posted at 23:14h, 20 March Reply

    Thanks for not including my speech at the meeting, I might never do it again if I actually heard myself! We were locals, speaking on our own behalf, for our quality of life. Deny the water all you want, we don’t want the trucks, and the emissions…the spills…our future is farming! Our customers want frack free non gmo produce and animal products! Wake up!Even if all your milk goes to some distant location in the northeast, not sullivan county, you should by now be wise to the fact that most educated consumers do not want their food produced in a gas field. So if you actually still value the arguement that your lease will help you stay in business, have you no concern for the integrity of your product, when so many of your customers do?!?!

    • Tom
      Posted at 23:21h, 20 March Reply

      So far as I know, consumers are buying lots of agricultural products from Bradford, Lycoming and Susquehanna Counties. You are speculating, Jennifer.

      • Jennifer Young
        Posted at 21:54h, 22 March Reply

        I am not speculating, I know my customers and I know my neighbors. Have you seen the new study, PA Dairy Farms and the Marcellus Shale 2007-2010 by Penn State. I would appreciate your opinion on this which shows a clear decrease in farming though the reason remains unclear. Thanks,

        • Tom
          Posted at 23:29h, 22 March Reply

          Dairying has taken a hit for several years and natural gas income probably gave some farmers a way out of a money-losing operation. Others probably converted from dairy to beef or hay because they now could. The study is very shallow but that’s what I think.

          • Lisa
            Posted at 10:40h, 24 March

            Tom: You may want to refer to this report by the Congressional Research Service, which clearly states what we as dairy farmers have been going through. Here is a little clip from the report:

            Financial Stress for Dairy Farmers
            The financial stress in the dairy industry in 2009, brought on largely by sharply lower milk prices, activated standing federal programs to support dairy farmers. In calendar year 2009, the federal government spent more than $1 billion to support the industry through various dairy programs. Following appeals from dairy farmers for more financial assistance, Congress granted $350 million in October 2009 in the form of supplemental payments as well as government purchases of dairy products for domestic feeding programs.
            Despite the government payments and program support, the number of U.S. dairy farms declined during 2009 by 3% to 65,000 farms as of December 31, 2009. During the same period, the number of dairy cows fell, and the subsequent decline in milk production, along with a simultaneous rebound in foreign demand for dairy products, lifted average farm milk prices, estimated at $15.10 per hundredweight for March 2010, up from $11.80 per hundredweight a year earlier. (Prices averaged $14.68 per hundredweight during 2000-2009.) Still, financial concerns remain for dairy farmers who lost significant amounts of farm equity during the milk price collapse and continue to contend with feed prices that are well above historical averages.

            http://www.nationalaglawcenter.org/assets/crs/R41224.pdf

            So before anyone wants to try and say that drilling is the cause of what is killing the dairy farms, think again. Since the government regulates our prices, it has been a roller coaster ride for many of us small family dairy farms who are left. And starting April 1, 2012 more regulations go into effect which many farmers are not even aware of.

          • Tom
            Posted at 10:57h, 24 March

            Thank you! What a concise statement of the facts. Will someone please tell Tim Kelsey at Penn State?

  • beenhere
    Posted at 09:10h, 21 March Reply

    Kilgore is Fred Peckham.

    • Tom
      Posted at 20:19h, 21 March Reply

      So?

  • Victor furman
    Posted at 23:50h, 22 March Reply

    Hey Fred…… You been outed…. LOL

    • Fred Peckham
      Posted at 09:39h, 23 March Reply

      Not like I was trying to hide anything, It’s not that hard to find me, all one needed to do is use Google.

  • OurLand
    Posted at 17:25h, 23 March Reply

    Jennifer,
    Your concern with produce being FRACK free? You might want to stop drinking NY state wines….There are hundreds of wells around the vineyards and Seneca Lake that have been Fracked……. Fracking hasn’t killed anyone! Now fermented grapes another story 75000 deaths each year. Before you create another Alar scare …….
    heartland.org/newspaper-article/2007/03/01/alar-great-apple-scare
    Stop and think about how ridicules you sound.

  • Jennifer Young
    Posted at 18:27h, 24 March Reply

    Except that dairy production and herd size did not fall, it actually increased in Pa counties with no drilling, according to the study. Thanks for the heads up about ny wine! and if you are concerned with dwis, a vast increase in these always accompanies the large transient male workforce the gas companies bring in, along with an increase in violent crimes, prostitution, drug arrests, etc. Take a gander at the Bradford county commissioners website and read the press releases if you don’t want to take my word for it…..

    • Tom
      Posted at 19:09h, 24 March Reply

      So now if it’s not the cows it’s the crime – is that it? It’s amazing how deftly NIMBY’s shift from one excuse to another.

  • Bryant La Tourette
    Posted at 20:03h, 24 March Reply

    In Binghamton NY the fastest growing transient population has created demand to build housing. The housing that is being built has been given 20 year tax abatements. Crime has jumped in the Binghamton area! The transient population has brought in a wave of crime ! One out of every ten transient has been arrested!
    You might be saying wait Binghamton has no drilling why the housing boom? Why the crime boom?
    They are college students…………………………. This blows your transient crime wave out of the water your and your kind are focusing on one business/industry.

    The big difference Gas Drilling get no abatement its 100% real revenue!

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