- Beartooth landowners victorious in lawsuit against Stillwater County
- PLEASE NOTE: Change in Zoom access code for today’s hearing
- Action alert: Watch court hearing on Zoom, Thursday, 2:00 pm
- Action alert: Stillwater County Planning Board meeting, Wed, 9/4, 7pm
- Must attend! Stillwater County Planning Board: Wednesday, August 7, 7pm
Click to see the Preserve the Beartooth Front video
Search Results for: favor of oil and gas
Colorado court decision favoring the oil and gas industry could actually be good news for us along the Beartooth Front
Last Thursday a judge in Boulder County, Colorado struck down a ban on fracking passed by the city of Longmont in November, 2012. In the ruling, Judge D. D. Mallard said Longmont’s ban clearly conflicted with the state’s regulations and its … Continue reading
In a long-awaited decision, District Judge Matthew Wald ruled yesterday in favor of Beartooth Front landowners in their suit against Stillwater County. The landowners are seeking to establish a citizen-initiated zone that would place reasonable regulation on future oil and gas drilling along the Beartooth Front in southern Stillwater County.
Judge Wald granted the landowners’ request for summary judgment against the County, and denied the County’s motion. In doing so, he ruled unambiguously that the County was not justified in requiring the landowners to obtain signatures from minerals owners in addition to surface landowners. His ruling also stated that the County had set up an unworkable method of evaluating the landowners’ petitions that was in violation of the County’s own rules.
Beartooth Front landowners last week filed the critical brief in their lawsuit against the Stillwater County Commissioners. It outlines their argument for why landowners alone, without the approval of minerals owners, should be able to establish a citizen-initiated zoning district. The argument lies at the heart of a central tension in Montana law: the self-determination of landowners to decide what happens on their own property vs. the importance of mineral extraction to the state economy.
Assuming there are no extensions, the County will have 21 days to respond, and then the landowners will have 14 days to reply. That will put the end of briefings in early October. Our attorney has asked for a hearing on the motion, and we are hopeful that Judge Jones will conduct the hearing and issue a ruling on our motion before the end of the year.
To read more, click the link.
Judge Blair Jones issued his first ruling today in the lawsuit Beartooth Front Coalition et al. vs. Board of Commissioners, Stillwater County. He ruled in favor of the landowners, denying the County’s motion for a summary judgment in their favor.
To find out more and read Judge Jones’ ruling, click the link. Continue reading
There was a familiar look to the gallery at the hearing Thursday in the Stillwater County Courthouse in Columbus. In the case of Beartooth Front Coalition et al vs. Stillwater County Commissioners, there were, by my count, 56 people there in support of the Beartooth Front Coalition, which is suing Stillwater County to establish a citizen-initiated zone to regulate land use related to oil and gas along the Beartooth Front.
They were easy to identify. They all knew each other. They are neighbors in southern Stillwater County, many from families that have been there for generations, who signed a petition to establish the zone. They greeted each other by name, offered encouragement, expressed resolve to be successful in the suit.
To find out what happened at the hearing (with photo), click the link. Continue reading
Action Alert: Please attend hearing on Stillwater County landowner lawsuit, Thursday, July 26, 1:30pm
The next step in the Beartooth Front Coaltion lawsuit against the Stillwater County Commissioners is a hearing in front of Judge Blair Jones. The hearing will be held at the Stillwater County Courthouse in Columbus on Thursday, July 26 at 1:30 pm.
This step is the first of several hearings in this case. If the landowners are successful in their suit, the ultimate outcome will be for the Commissioners to hold a hearing to consider the petition. It is critical for them to see evidence at every step of the way that landowners stand firm in their demand that their rights be protected.
Please come if you can.
To read more about the suit and the hearing, click the link. Continue reading
A bill currently being considered in the Montana State Senate significantly reduces landowner rights in protecting property from damage from oil drilling on or near occupied buildings. SB93, currently before the Senate Energy and Telecommunications Committee, would reduce notification requirements approved last year by the Montana Board of Oil and Gas Conservation (BOGC). Those regulations require oil and gas operators to notify owners of “occupied structures” within a quarter mile of a well before drilling.
The BOGC rule, passed last December, was the result of a 20-month process involving Montana environmental groups, with input from the Montana Petroleum Association. The process grew out of the Legislature’s rejection in the 2015 session of SB177, which would have established a 1000 foot minimum buffer zone, or setback, between wellheads and a home, water well, or surface water. The bill did not make it out of committee.
Following the failure of the bill, Northern Plains Resource Council and others petitioned the BOGC to establish minimum setbacks to protect landowners. After 20 months of hearings, testimony by landowners, and committee meetings, the BOGC passed its new rule last December. The rule requires notification in advance of drilling to any landowner within a quarter mile of a wellhead.
To find out what you can do to keep this bill from passing, follow the link. Continue reading
Last week a coalition of environmental organizations, landowners and public health advocates petitioned the Montana Board of Oil and Gas Conservation (BOGC) to provide broader public disclosure of information about the chemicals used in fracking.
The proposals are common sense reforms that would protect landowners from potential harm. As Katherine O’Brien, the Earthjustice attorney who drafted the petition on behalf of the coalition put it, “Montanans have the right to know what is being pumped into the ground around their homes, farms, and ranches.”
While the Montana press has reacted favorably to the proposed changes, the oil and gas industry opposes the changes, citing their oft-repeated and always incorrect mantra, “Fracking is safe.”
The Board of Oil and Gas needs to take this opportunity to protect Montana’s residents.
To read more, click the link. Continue reading
In a huge victory for landowners over the oil and gas industry, two families in Dimock, Pennsylvania were awarded $4.2 million in a lawsuit over water contamination from shale gas drilling. Dimock is the town made famous for its flammable water in the film Gasland.
Houston-based Cabot Oil and Gas Corporation, the defendant in the suit, had denied that it was responsible for the contamination. They had settled a similar lawsuit in 2012 with 40 other residents on the same road, but, as is usually the case in this kind of lawsuit, the settlement had included a “non-disparagement” clause that prevents plaintiffs from speaking publicly about the case.
Click to read more about this huge landowner victory. Continue reading
Oil and gas companies continuously try new legislative, judicial and business tactics to keep landowners from interfering with their business. When those strategies are successful in one state, they are exported to other states.
So it is of particular interest that in Pennsylvania, a corporate landowner and twelve individual landowners who have leased their shale gas drilling rights to an oil and gas operator have filed suit against environmental organizations that oppose the drilling.
Attorneys for the environmental groups have argued that the suit is a “SLAPP suit” — a strategic lawsuit against public participation — targeting individuals and groups for participating in public debate on government policies and the legal appeals of those policies.
29 states have laws against SLAPP suits. Montana is not one of them. Don’t be surprised if suits like this happen here. Continue reading