Transparency Is Not Accountability, More Comments Does Not Mean Anyone's Listening: Pennsylvania HB 2318 and the Ancient Greek Chorus

Photo Wendy Lynne Lee

In the plays of Ancient Greece, the chorus helped to make transparent the motives and actions of the main characters on stage. 

Though undistinguished as individual actors, standing off to one side, the chorus offered comment and insight into the drama, helping the audience understand the tragedy unfolding and unpreventable. Indeed, while the chorus could sound lament, the message of its song was very clear: while you can know what is about to transpire, while you, like Cassandra, can call out the tragic future, you can change nothing.

Cassandra, seer--but disbelieved

HB 2318 reinvents the Greek chorus. 

It offers a similarly ineffectual function—greater transparence without any meaningful hope that transparence can become translated into change. 

According to the bill, DCNR shall provide to the public a comment period, a public hearing, and access to relevant environmental review. 

Audience, Democratic
Committee Hearing,
PA HB 2318
Photo Wendy Lynne Lee

But absolutely nothing in this bill requires DCNR to take heed of that public comment—even outcry—any more than the actors in a Greek Drama are expected to heed the chorus.  

The chorus does not sing its lament for the sake of warning or informing the actors; they don’t even hear the lament, much less change their course of action at its warning. 

Photo Wendy Lynne Lee

Neither is the provision of the extended comment period or the greater transparency of HB 2318 intended to be taken as warning to DCNR in the hope of preventing that tragedy called slickwater horizontal hydraulic fracturing.  

Richard Mirabito, 83rd District,
PA House of Representatives,
Sponsor HB 2318
Photo Wendy Lynne Lee

No—the chorus exists only as a therapeutic device to placate the audience about a future they can do nothing to alter. HB 2318 similarly offers to allow the public to exhaust itself in comment, only to then be told to go on home by an agency—DCNR—that operates as a wholly owned subsidiary of the gas companies.

Were I a gas company executive reading HB 2318, I’d be laughing. I’d be thinking about how profitable a thing it was for my company that the public could be duped into thinking that just because they got to speak that somehow their lament of the ecological destruction and the sickness and the community erosion would actually matter to my company’s plans to convert their public lands into a gas factory. 

Greg Vitali, 166th District,
PA House of Representatives
Photo wendy Lynne Lee

I’d be amused at the prospect that this public could be suckered into believing that just because the permitting process might be slowed by their chorus of complaint, this would make a difference in the ultimate execution of my plan to drill. 

And compress. And pipeline. And export. And offshore the dividends. And then abandon the refuse. I’d say “Let them lament!” Because once they’ve had their say, they’ll go home, tell themselves they did everything they could, and go back to watching game shows and talent contests.

"Hiking" at Tiadaghton State Forest
thanks to PGE and the failed efforts
of our representatives to priotect it
Photo Wendy Lynne Lee

HB 2318 is naught but a perversion of the democratic process. It pretends to offer us power—but it in fact strips us of our voices and leaves us like the Ancient Greek chorus—sounding an alarm all the while knowing there’s no one listening.

It empowers the gas companies by pretending to regulate them—making their actions seem more transparent—all the while doing nothing whatsoever to forestall their appropriation of public lands.

Audience, 7.28.14
Democratic Committee Hearing, HB 2318
Photo Wendy Lynne Lee

We are left like Cassandra—knowing what is about to befall us on our own lands, in our own forests, on our own waterways, but able to do nothing but lament. 

That is a perversity, and we are morally obligated to offer it nothing but contempt.

Indeed, if we asked the question: how seriously does DCNR--the Department of Conservation and Natural Resources--take this bill?

Answer: they didn't even show for the hearing. How's that for listening?

*********************************************************************

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No.

2318

Session of 2014

INTRODUCED BY MIRABITO, KOTIK, THOMAS, McGEEHAN, CALTAGIRONE, PAINTER, CARROLL, VITALI, MURT, McCARTER, COHEN, PASHINSKI, McNEILL AND DEAN, JUNE 6, 2014

REFERRED TO COMMITTEE ON ENVIRONMENTAL RESOURCES AND ENERGY, JUNE 6, 2014

AN ACT

1Amending the act of June 28, 1995 (P.L.89, No.18), entitled "An
2act creating the Department of Conservation and Natural
3Resources consisting of certain functions of the Department
4of Environmental Resources and the Department of Community
5Affairs; renaming the Department of Environmental Resources
6as the Department of Environmental Protection; defining the
7role of the Environmental Quality Board in the Department of
8Environmental Protection; making changes to responsibilities
9of the State Conservation Commission and the Department of
10Agriculture; transferring certain powers and duties to the
11Department of Health; and repealing inconsistent acts," in
12Department of Conservation and Natural Resources, further
13providing for forests.

Halliburton in Tiadaghton State Forest
Photo Wendy Lynne Lee

14The General Assembly of the Commonwealth of Pennsylvania
15hereby enacts as follows:

16Section 1. Section 302 of the act of June 28, 1995 (P.L.89,
17No.18), known as the Conservation and Natural Resources Act, is
18amended by adding a subsection to read:

19Section 302. Forests.

20* * *

21(b.1) Unconventional gas development.--The department shall
22provide notice and seek public input before leasing State forest

20130HB2318PN3670 -1-

1lands for unconventional gas development or otherwise
2authorizing any major unconventional gas development project on
3State forest lands. Specifically, the department shall provide
4for the following:

5(1) A public comment period.

6(2) At least one public hearing or meeting.

7(3) Public access during the comment period to detailed
8development plans, including locations of all well pads,
9impoundments, access roads, pipelines, compressor stations
10and other related structures and facilities.

Tiadaghton State Forest
PGE Well Pad, Photo Wendy Lynne Lee

11(4) Public access during the comment period to a State
12forest environmental review that:

13(i) Analyzes potential impacts of the proposed
14development on ecological, recreational, cultural and
15aesthetic resources and public health.

16(ii) Discusses avoidance and mitigation measures.

17(iii) Analyzes development alternatives.

18* * *

19Section 2. This act shall take effect in 60 days.

Regular Session 2013-2014 House Bill 2318 P.N. 3670

"From the very start we were followed by gas security people": how the gas industry harasses and intimidates us into silence

Active Dehydrator, PGE, Tract 293, Pad G, HuntleyRd.
Tiadaghton State Forest, Lycoming County, PA
Photo Wendy Lynne Lee

UPDATE: For photographs of the trees marked for conversion to stumps, please see:

The Birth of a New PGE Frack Pad is Death Row for Trees - an album on Flickr.

UPDATE: For photographs of the trees post conversion, as well as the decimation of state game lands 75, Tiadaghton, please see: 

Taking down the forest one tree--or a hundred--at a time: Tiadaghton State Forest, PA - an album on Flickr

UPDATE: I now have permission to share with my readers the name of the gentleman whose words follow my brief introduction: Bob Deering. Bob's story has been profiled before--but I think his own words capture something more intimate and invaluable about what's happening in the "shalefields," a polite word for our forests, our farms, our homes. 

The following is a first-hand example of how the gas industry is allowed by the state to behave effectively like an invading army--and how citizens in the path of the gas wells live under what can only be described as martial law. 

We might be tempted to think that stories like this are exaggerated, embellished, or even fiction. 

But this is a first hand account of a private property owner living out his life on his own land--surrounded by gas wells and fracking infrastructure operated by Pennsylvania General Energy in Tiadaghton State Forest, Lycoming County, Pennsylvania--what one DCNR (Department of Conservation and Natural Resources) agent called Tiadaghton Industrial Park.

I have not altered the written description in any way, nor have I deleted or added anything to it. I took the photographs on 6.22.14.

"This is a description of events that occurred on June 18, 2014. 

I was ask to give an interview from NPR/WITF about how gas drilling has affected my quality of life since its inception 7 years ago. I began by giving a short site tour of an area to the rear of our property.

Photo Wendy Lynne Lee

From the very start we were followed by gas security people. As we proceeded out a state forest road--School House Road--we were approached by a guard vehicle that had been following us. he ask what we were doing, our names, and then proceeded to take a picture of my vehicle and another picture of my license plate. He then told us we were not allowed to take pictures of any well pads and mentioned this incident would have to be reported. At this point I made a cell phone call to the DCNR office to clarify what I was allowed to do and where I was allowed to walk; unfortunately I had to speak to a voice mail system and was told I'd be called back.

We turned around and stopped at a construction site where a new pond and a compressor site is to be placed; one of the people with me mentioned: we have company again. We had a security car in front of us on School House Road. another parked in front of us on Okome Road. he ask me whether I thought they were trying to block us in.

Photo Wendy Lynne Lee

We were totally off either road that would obstruct traffic flow. The guard cars just sat there and watched us, as we moved, they moved, we stopped they stopped, until we left and they followed us until I turned onto the road to our house. 

At what point is this type of activity harassment of the public. I am tired of being followed like I am a criminal, I'm tired of telling the guards every day where I'm going on the roads. These people were originally only placed to prevent traffic flow problems when an OVERSIZED GAS COMPANY truck was using the road.

Photo Wendy Lynne Lee

Now they have taken total control of all traffic flow no matter what type of vehicles are using the roads. This is not an issue totally with the security people, they work for PGE.

After returning the people doing the interview I proceeded to the DCNR office since I didn't get a return phone call. I spoke with a forestry person that explained to me that I did nothing wrong and where I was allowed to go and the incident would be taken care of...After that visit I returned towards home, when I got to the intersection before my home, another guard approached me and ask how things were going and then proceeded to tell me why I was being followed. he said it was for my own safety from any truck drivers or gas well personnel. 

I disagree with that answer; if that is the case why don't they follow every vehicle that uses the road. If it is the answer they have some very severe personnel issues to deal with.

I do not believe this is going to be the end of this issue.

Photo Wendy Lynne Lee

LAND OF THE FREE--HOME OF THE BRAVE, Yea right...

The more I think about the circumstances, the madder I am getting. I wish I would have been accepted as a candidate for the PEDF hearing in harrisburg. To me it was an embarrassing situation.

Typed while I still remember the conditions.

Pa code part 18 section 2709 Harassment:

a)  Offense defined.--A person commits the crime of harassment when, with intent to harass, annoy or alarm another, the person:

(1)  strikes, shoves, kicks or otherwise subjects the other person to physical contact, or attempts or threatens to do the same;

(2)  follows the other person in or about a public place or places;

(3)  engages in a course of conduct or repeatedly commits acts which serve no legitimate purpose;

(4)  communicates to or about such other person any lewd, lascivious, threatening or obscene words, language, drawings or caricatures;

(5)  communicates repeatedly in an anonymous manner;

(6)  communicates repeatedly at extremely inconvenient hours; or

(7)  communicates repeatedly in a manner other than 

specified in paragraphs (4), (5) and (6).

Section 2709 - Title 18 - CRIMES AND OFFENSES."

Harassment. Intimidation. Silencing.

There are, however, really two issues here:

1. The liquidation of Tiadaghton State Forest by PGE.

2. The repressive jackboot tactics utilized with the blessing of the state by the gas industry.

Under such conditions, none are free. 

Photo Wendy Lynne Lee

Under such conditions, freedom of expression, freedom of movement, are effectively criminalized.

When did the gas companies take over? When did they gain the right--in the name of safety--to tell me what to do? 

Can anyone really "stop the job at any time"?



Only when we, the citizens, become brave enough to take seriously the promise of democracy.

The gas companies are counting on us to remain cowards.

They count on us to be pacified by the hollow promise of "regulations," "best practices" and perhaps a severance tax. A tax, of course, is just a gift to the frackers--it legitimates and institutionalizes the industry by making social programs and education dependent on the revenue. So--they're even liars when they feign opposition to taxation.

State Gameland 75, Tiadaghton
Photo Wendy Lynne Lee
Note the deer fencing--to protect the forest from the deer.

My new friend, who generously gave me his words, may not agree with me here. I don't know. What I do know is that his quality of life--his very way of life--has been sorely compromised, and without justification.

Message to PGE: I am a citizen. These are public roads. I have a camera. You have no right whatever to stop me, harass me, intimidate me. And I have every right--indeed
responsibility--to record and expose what you are doing to my fellows, and the polluted wasteland you're making of the air and water upon which we all depend.

Tiadaghton State Forest
Photo Wendy Lynne Lee
Taken while detained with Bloomberg reporter Isaac Arnsdorf
for 15 minutes--on a public road.

My rights are not dictated by your profit margins.

For the complete set of pictures, please see: 

When the Forest Becomes the Shadow of Tree Stumps: PGE's Liquidation of Tiadaghton - an album on Flickr

For my own experience of intimidation, in this case, by police who may as well be the gas company's own bought jackboots, please see:


http://thewrenchphilosleft.blogspot.com/2014/02/when-gas-industry-uses-state-police-to.html.

Tiadaghton State Forest--now a NO TRESPASSING zone.
Lycoming County, PA
Photo Wendy Lynne Lee

For another piece similar to this one, please see: http://preservethebeartoothfront.com/2014/03/25/a-personal-story-bob-deering-pennsylvania-our-dream-has-become-a-nightmare/

Wendy Lynne Lee