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Recent posts
- 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
Blog Archives
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Author Archives: davidjkatz
McClendon’s death leaves legacy of profit at the expense of landowners
A shocking story out of Oklahoma tells of the death of oil executive Aubrey McClendon, who was killed in a violent car crash yesterday, just one day after he was indicted in federal court for violations of anti-trust laws.
While no cause of death has been declared, it appears McClendon drove his SUV at a high rate of speed directly into a wall. According to police, “There was plenty of opportunity for him to correct and get back on the roadway, and that didn’t occur.” McClendon was not wearing a seatbelt at the time of the crash.
McClendon is a legendary figure in the fracking boom over the last decade, and we’ve written about him several times on this site. He made billions in fracking at the expense of property owners, pushing to drill every possible well with little regard for environmental impact.
The point is to caution landowners that McClendon’s death is an object lesson in how oil companies care about profits, not the rights of landowners. If you want to protect your rights, it is critical to set the terms upon which drilling occurs on your property. Mechanisms exist in the law to do that, but you have to be vigilant and act together as community to make it happen.
Landowners in Carbon and Stillwater counties along the Beartooth Front are currently engaged in battles to do this. The fight is long, but the goal — long-term preservation of a way of life — is worth the effort.
To read more, click the link. Continue reading
Posted in Fracking Information, Uncategorized
Tagged Aubrey McClendon, Chesapeake Oil
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Documentary film on Bakken life debuts Sunday in Billings
The documentary film “Makoshika,” about life in the Bakken oil fields, will have its Billings premiere this Sunday at 7pm at the Babcock Theater, and will also be shown at the Art House Pub and Theater on March 4-6 and 9-10.
The 50-minute documentary is a culmination of the High Plains Heritage Project, which we first wrote about 18 months ago, when four Montana journalists set off for the Bakken to do in depth coverage of the past, present and future of the region.
Examining both the present boom and those since passed, “Makoshika” alternates between intimate first person narratives and historical commentary, asking viewers to look at the present through the lens of history.
With mild spring weather forecast for Billings this weekend, we recommend the journey.
Click to read more about the film, view the trailer, and order tickets for Sunday’s showing. Continue reading
Posted in Bakken
Tagged Bakken, High Plains Heritage Project, Jessica Jane Hart, Makoshika
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Study: Native trout populations endangered by global warming
We’re about a month away from the first mayfly hatch, and it’s getting to be time for a fisherman’s thoughts to turn to casting a fly on one of the magnificent wild trout streams along the Beartooth Front.
It’s something we take for granted, but a recent study by a team of researchers from the US Geological Survey (USGS), including two based in Montana, found that changes in climate directly and consistently influence trout populations worldwide.
“The key message is that climate does have a strong influence on trout populations, and this is something we have observed over time,” said lead author Ryan Kovach, stationed at Glacier National Park. “We’ve seen that year-to-year variations in streamflow and temperature can have an impact on trout populations. This highlights that climate and climate change is not speculative, it is realized. It is something that we need to confront now in terms of natural resource management, but also from a societal perspective.”
As waters inevitably warm and river levels drop, it is critical that we do everything we can to minimize impacts on our native trout populations. Continue reading
Impacts of Justice Scalia’s death on the federal Clean Power Plan and Paris climate agreement
This article looks at possible impacts of the death of Supreme Court Justice Antonin Scalia on the federal Clean Power Plan (CPP) and the Paris climate change agreement. Scalia died on Saturday, February 13.
Last December in Paris, representatives of 195 countries, representing more than 95% of global greenhouse gas emissions, reached a landmark climate agreement that will, for the first time, commit nearly every country to lowering planet-warming greenhouse gas emissions to help stave off the most drastic effects of climate change. United States leadership was key to passage, with President Obama committing to significant cuts in carbon emissions.
From a policy perspective, the key to the US commitment was the Administration’s Clean Power Plan (CPP), which will require power plants to make significant reductions in emissions. The standards limit the amount of carbon pollution released for every power plant covered by the rule, and they are the same for every plant in every state. The cuts would have their biggest impact on coal power.
The viability of the Paris agreement was threatened last week when, in one of the final decisions in which Scalia participated, the Court voted 5-4 to temporarily block the CPP. Scalia voted with the majority.
To find out what this means for the CPP, particularly with regard to its implementation in Montana, click the link.
Posted in Legal
Tagged Antonin Scalia, Clean Power Plan, Paris climate agreement, United States Supreme Court
5 Comments
Bankruptcies gash the oil industry as clean energy growth surges; a lesson for the Beartooth Front
It is often important for communities to understand macroeconomic trends in making local decisions regarding business development and growth. This is certainly true in the energy sector, where long-term trends are clear. Along the Beartooth Front, these trends are particularly important in light of what has transpired over the last two years.
2015 was not kind to oil and gas operators. Between the filings of WBH Energy Partners on January 3 and Swift Energy on December 31, a total of 42 oil and gas companies filed for bankruptcy last year, with a combined total debt of $17.85 billion. These are levels last seen during the Great Depression, with many more to come in 2016.
While the oil and gas industry is deeply depressed, the clean energy industry is growing quickly. According to Bloomberg New Energy Finance clean energy investment surged in 2015 to a record high of $328.9 billion, up 4% from 2013 and 3% from the previous record set in 2011. Global investment in clean energy has grown by nearly six times in dollar terms since 2004.
These trends are clear. Clean energy is replacing coal, oil and gas. The pace is gradual today, but market forces and government action will accelerate the change over the next two decades.
The oil market will probably recover in the short term, and there will probably be another boom. Another oil developer will come knocking on our door along the Beartooth Front, promising jobs and riches.
But we shouldn’t be fooled.
To read more, click the link.
Posted in Clean energy
Tagged clean energy, local regulation, oil bankruptcies, wind farms
1 Comment
All briefs filed in Silvertip Zone case; Montana Supreme Court ruling is next
All briefs have now been filed in the Carbon County case before the Montana Supreme Court. In the case, Belfry landowners have challenged the Carbon County Commission’s rejection of their petition for land use regulations to protect their private properties from the harmful effects of oil and gas drilling.
The Supreme Court has previously agreed to review the case. The Court will now decide whether to schedule a hearing or make a decision after reviewing the briefs.
This case is important because Montana law affords few protections to landowners against damages that can occur when oil and gas activity takes place near their homes. Citizen initiated zoning (CIZ) is one of the few opportunities Montana citizens have to establish local regulations to protect their properties. It has been used effectively in places like Bozeman and Great Falls to establish regulations to protect citizens.
Yet that process is badly flawed. The Silvertip zoning case currently before the Supreme Court exposes some of the problems with the process. Silvertip landowners worked to meet all CIZ requirements. Their petitions were accepted by the Carbon County Commissioners, who then made the decision, after multiple public hearings, that the zone was “in the public interest and convenience,” as required by law.
Subsequent events that led the Commissioners to reverse their decision exposed some significant ambiguities in the process that will affect landowners in other counties. Cases like the current one can help to make the CIZ process more clearly defined in law so that the Silvertip landowners, as well as landowners in other communities, can take advantage of CIZ provisions to protect their properties.
To read more about the case and review briefs that have been filed, click the link. Continue reading
Montana Farmers Union issues new white paper on the effects of fracking in Montana
The Montana Farmers Union (MFU) has released a whitepaper addressing issues related to the use of fracking in oil and gas operations in Montana. Entitled “Fracking in Montana: Asking Questions, Finding Answers,” the paper outlines concerns of farmers, ranchers and landowners regarding fracking operations on or near their property. The paper also covers a variety of environmental issues, including water and air quality impacts.
Co-author Hertha Lund presented an early draft of the paper in Absarokee last May at an event sponsored by local organizations.
To find out more and download a copy of the whitepaper, click the link.
Posted in Fracking Information
Tagged Dennis Lopach, Fracking, Hertha Lund, Montana Farmers Union, Willis Weight
3 Comments
Montana Petroleum Association names former senator Alan Olson as executive director
In a move that exemplifies how cozy the oil and gas industry is with the state legislature, the Montana Petroleum Association (MPA) has named Alan Olson, a Havre native, to replace Dave Galt as its executive director.
Olson served two terms as a state senator and four terms as a representative. Most recently, he was chair of the Senate Energy and Telecommunications Committee.
Olson’s appointment is a classic example of “revolving door” politics, in which industry hires people out of government to gain personal access to government officials; seek favorable legislation, regulation and government contracts; as well as get inside information on what is going on in government.
Local citizens take note. Protections will come from local zoning, not from the cozy relationship between the MPA and the legislature. Continue reading
Posted in Politics and History
Tagged Alan Olson, Montana Petroleum Association, revolving door politics
4 Comments
Gianforte plans to put industry in charge of the DEQ
According to an article in the Missoulian, gubernatorial candidate Greg Gianforte was in Great Falls last Thursday, where he told supporters that, as Governor, he will “focus more on customer service than enforcement, in part, by placing ‘someone from industry’ or business at the helm of state agencies such as the Department of Environmental Quality (DEQ).”
The issue here is an important one. The Montana Constitution guarantees each citizen the right to a “clean and healthful environment”. This is a fundamental right that has existed for over 40 years.
With regard to oil and gas issues, the DEQ stands alone as the state agency charged with protecting that right. According to the DEQ’s web site, the agency’s “ultimate goal is to protect public health and to maintain Montana’s high quality of life for current and future generations.”
Gianforte’s campaign is just getting started, and his position on the DEQ may change. But Montanans should be wary of electing a Governor who is going to undercut citizen rights. And local citizens along the Beartooth Front should increase their urgency in working with county government to create local regulations that build necessary protections at the local level. Continue reading
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