City Gets Offer for Aid With Lawsuit
Council members not aware of group’s efforts
Morgantown Dominion Post
18 July 2011
By David Beard
A citizen’s group that supports Morgantown’s fracking ban is hoping to
help the city defend itself in the lawsuit filed to fight the ban. The
city didn’t know about the helping hand as of Friday, however, and
wasn’t sure if it would be appropriate.
The legal committee for WV4MOM (West Virginia 4 a Moratorium on
Marcellus) sent an email to members this week asking them to help pay
the cost for air and water quality experts to testify on the city’s
behalf.
The email estimates that the experts could cost about $10,000 and
suggests that 100 people donate $100 each. For those who can’t afford
that amount, it suggests contributing whatever they can afford.
“Now is the time to put our money where our mouths are,” the email
reads. “We need donations very quickly to pay for the expert testimony
needed to defend the City of Morgantown’s frack ban. ... People across
the state and even the country are watching to see if the ban will
hold, this outcome can set the tone for regulation at many levels.
“Raising this money for defense is critical right now,” it continues,
“for if we lose this ban the worst case scenario of fracking could
leave our water and air contaminated, our homes valueless, our
beautiful Morgantown community devastated.”
Northeast Natural Energy is drilling two state-permitted horizontal
Marcellus gas wells in Morgantown Industrial Park. Enrout Properties
LLC, which owns the surface and co-owns the minerals, has joined with
Northeast to sue the city in Monongalia County Circuit Court over its
fracking ban. The city passed the ban after the Department of
Environmental Protection issued the two well permits.
The plaintiffs have said they will seek millions in compensation if the
ban is upheld, viewing the ban as a taking of property rights.
City Manager Terrence Moore said Friday that the city wasn’t aware of
WV4MOM’s effort and had not solicited any help. Private entities
generally do not assist municipalities in legal proceedings.
“It is a matter that the city of Morgantown has to deal with,” he said.
The group’s potential offer and assistance is a matter that would have
to be clarified. “We are constantly working to strike a balance of
concerns [of public] health, safety and welfare. ... We need to not
compromise ourselves financially and otherwise.”
It may be necessary to consult experts, he said, and at the appropriate
time, the city would need to exercise the appropriate leadership and
direction on the matter.
A WV4MOM representative clarified that the group is not a party to the
litigation and has no authority to speak for the city regarding
litigation decisions. It also has no plans to choose experts for the
city. “Those decisions are within the control of the city.”
Another group representative, Cat McConnell, said that an attorney has
agreed to help represent the city on a pro bono basis. WV4MOM’s legal
committee has offered to assist the attorney in providing him the
resources needed for this representation.
“We support the City’s frack ban and want to help defend it against
this wellfunded attack by the gas industry. We know the cost of this
litigation could not have been forecast during the city’s budgeting
process, and the industry likely budgeted tremendous resources for
lawsuits. It’s a huge imbalance and we want to do what we can to help
David against Goliath.”
McConnell said, “The City will likely still bear substantial costs to
defend this attack by the gas industry. We want to do everything we can
to protect our land, air and water from this imminent threat.”
Gary Zuckett, executive director of the Charlestonbased West Virginia
Citizen Action Group, said WV4MOM has engaged WVCAG as a fiscal agent
to accept donations. WVCAG’s office also houses the West Virginia
Surface Owners Rights Organization, the groups share a “community of
interests.” But WVCAG is simply doing the bookkeeping by processing
donations through the WVCAG Education Fund — WV4MOM.