Feds pick preliminary route for major power line

A proposed electrical transmission line that would cross 1,100 miles from Wyoming into Idaho and provide improved electricity to the southern parts of those states and beyond has received federal approval for its latest route. The Bureau of Land Management has chosen the route because it largely avoids wildlife habitats, national trails and archeaologically and culturally significant areas. When built, the Gateway West Transmission Line Project will be the first major transmission line constructed in the region decades. (Gateway West map: Preferred route, with alternatives; for interactive version, click here)

Gateway West tried to keep the preferred route on federal land as much as possible to avoid potential right-of-way easements across privately owned land and reduce concerns about obstructed views from residents in nearby areas, Scott Streater of Energy and Environment News reports. If completed in 2018, the joint project of Rocky Mountain Power and Idaho Power will stretch from Glenrock, Wyo., to a substation 30 miles southwest of Boise. It will carry mostly wind-generated electricity to load centers across the West.

Environmentalists, local government leaders and private landowners have voiced concerns about the project since it was proposed five years ago. Concerns have ranged from damage to historic trails, raptor nests and U.S. Air Force safety. BLM spokeswoman Beverly Gorny said the preferred route is partly based on suggestions from more than 2,600 public comments submitted after a draft environmental impact statement was released last year. The BLM continues to study alternate routes for the line's 10 segments. A final route will be chosen after another EIS and public comment period are conducted by the end of the year. A final decision about the project will be made next year, Gorny said. (Read more)

Chesapeake Energy's aggressive leasing for oil and gas worries even some of its contractors

Among large natural gas companies that own millions of acres of land leases in several states, Chesapeake Energy Corp. "has become the principal player in the largest land boom in America since the 1850s California Gold Rush," Reuters reports. The company has mastered the "land grab," or "an aggressive leasing strategy intended to lock up prospective drilling sites and lock out competitors." As a result, it now controls the rights to drill for oil and gas on about 15 million acres, or roughly the size of West Virginia.

Chesapeake has made land leasing the core of its business model. A Morningstar Inc. analysis shows that it spent $31.2 billion to get drilling rights over the last 15 years. In comparison, Exxon, which had 2011 revenue 35 times larger than Chesapeake's, spent $27 billion. "We believed that the winner of these land grabs would enjoy competitive advantages for decades to come as other companies would be locked out of the best new unconventional resource plays in the U.S.," the company wrote in its 2012 Securities and Exchange Commission filing.

A Reuters analysis of hundreds of internal Chesapeake emails and thousands of pages of documents showed the company is secretive about its leasing tactics, which some of its own contractors find dubious. "What emerged were approaches to leasing property that land brokers, land owners and lawyers say push ethical and legal limits. Chesapeake has unilaterally altered or backed out of leases. And in Texas and at least three other states, it has exploited little-known laws to force owners to hand over drilling rights and sometimes forfeit profits," Reuters reports. That apparently refers to forced-pooling laws, which allow oil and gas companies compensated access to the resources underlying land of owners who don't want to lease but are largely surrounded by those who have. (Read more)

Larry Gibson, who helped start the fight against mountaintop-removal mining of coal, dies at 66

Larry Gibson, who spent most of the last 25 years fighting large-scale strip mining in Central Appalachia, died yesterday after suffering a heart attack while working on his land atop Kayford Mountain in Raleigh County, West Virginia. He was 66.

In 1986, Gibson moved back to his birthplace and childhood home on Kayford Mountain and found that coal companies had started mountaintop-removal mining on his family's land, threatening his family cemetery, which was "the final resting place for his ancestors stretching back to the 18th century," reports Mackenzie Mays of The Charleston Gazette. Gibson told the Gazette's Ken Ward Jr. in 1997 that the graveyard and a nearby community park that he built was "the last 54 acres the coal companies don't own. They own all the rest. I don't think the coal companies have the right to take everything."

Gibson was among the first Appalachian people to protest publicly against mountaintop mining and faced backlash from his community as a result, according to his daughter, Victoria, 24. He was shot at, run off the road by coal trucks and burned in effigy by those who disagreed with him, she told Ashley Craig of the Charleston Daily Mail. But he never stopped fighting to save his home and the homes of other from mountaintop removal.

"When my dad passed away you could still smell the mountain air on him," she said. "You could still see the dirt underneath his nails and the stains on his hands. He was working. He lived his life devoted to the mountain."

Gibson once said, "My mother gave me birth, but this land gave me life. Growing up here was an adventure every day. I played with my pet bobcat, my fox, my hawk. All of these things, the good Lord provided on this land, But just a stone's throw away, on that mountaintop-removal mining site, you couldn't find anything alive if you wanted to. It's bare rock, uninhabitable."

He refused to sell his land for mining, and instead put 50 acres on top of Kayford Mountain into a land trust, which means it is protected and can never be sold. He built cabins there, and the area has been the site of the annual Mountain Keeper Music Festival for the last 26 years. Gibson was founder and president of the Keeper of the Mountains Foundation, and was director of the Ohio Valley Environmental Coalition. He traveled the world speaking with families, communities, churches and university groups against mountaintop removal.

The Keeper of the Mountains Foundation released a statement about Gibson's passing, and Ward eulogizes him on his Coal Tattoo blog, here.

Amish one of U.S.'s fastest-growing religious groups

A new Amish community is established about every three and a half weeks in the U.S. and more than 60 percent of all existing Amish communities have been founded since 1990, according to a new census of the Amish population by Ohio State University researchers. They say this suggests that the Amish are growing more rapidly than most other religions in the U.S. The growth can be linked to large families and high baptism rates, while growth in other religions would more likely be linked to conversion. The study restricted its count to "Old Order" Amish and others who limit their use of most modern technologies. (Fotosearch image)

There are now 456 Amish settlements, compared to just 179 in 1990, according to the census, Science Daily reports. If the growth continues at its current rate, there could be more than 1 million Amish people living in more than 1,000 settlements across the U.S. by 2050, which would "bring economic, cultural, social and religious change to the rural areas that attract Amish settlement." Researchers predict Amish will buy land vacated by farmers, but "the availability of farmland might not keep pace with population growth," forcing many Amish men to seek non-farm work, including woodworking and construction, which could increase land prices and enhance local economies.

The Amish should not be confused with Mennonites, who are similar and share common backgrounds, but are more "assimilated into mainstream culture and are more likely to live in urban and suburban settings," according to the Young Center for Anabaptist and Pietist Studies at Elizabethtown College in Pennsylvania, whose senior fellow is Amish scholar and expert Donald Kraybill. The Ohio State census found that Amish live in 29 states, mostly in the Midwest and Great Lakes region, but as far south as Florida and Texas, as far northeast as Maine and as far west as Montana. Ohio contains the most Amish, Pennsylvania is second and Indiana is third. New York has seen the most recent growth in settlements, with 15 founded since 2010. (Read more)

Local officials in Pa., outmaneuvered in legislature, sue for right to zone out oil and gas wells

When the Pennsylvania legislature passed a law this year that stripped local authority over where natural-gas wells could be drilled, cities and townships decided to take matters into their own hands. Seven municipalities have filed a lawsuit challenging the constitutionality of the law, which charges an "impact fee" for gas wells and sends the money to localities but also overrides local governments’ zoning authority. The case was argued June 6, reports Alice Su for the Center for Public Integrity. (Associated Press photo)

At first glance, writes Su, "The impact fee of up to $50,000 per well seems to put wealth from drilling on the Marcellus Shale into citizens’ hands. But gas companies can drill wherever they like, even if local councils vote to keep the wells out of their jurisdictions. “It gives industry the right to tell us how we’re going to plan our townships rather than the other way around,” said David M. Ball, a petitioner in the lawsuit and councilman of Peters Township, Washington County. “What happens when the next industry comes down the line, like the homebuilders’ industry?” Ball asked. “Pretty soon, what does zoning even mean?” Coppola said he receives “hundreds and hundreds of letters” every day from townships and boroughs in support of the suit.

Su notes that last month, the Pennsylvania State Association of Township Supervisors, which says it represents 95 percent of Pennsylvania’s land area, passed two resolutions stating opposition to “any legislation that would remove, reduce or inhibit local government authority” or “pre-empt the existing authority of townships to regulate land use.” Ball said, “I’ve personally not heard of one municipality that has said they support the zoning provisions of Act 13.” Whether the Commonwealth Court affirms Act 13 or not, White, Coppola, Milburn and Ball agree that the law will most likely be appealed to the Pennsylvania Supreme Court. “Act 13 eventually is going to be undone,” Coppola said. “It strips away too many rights of individuals. People are just going to go crazy.” (Read more)

New York landowners win right to negotiate pre-fracking oil and gas leases with Chesapeake Energy

More than 4,400 landowners in New York have won the right to seek more favorable oil and natural gas leases, after the state attorney general and a subsidiary of Oklahoma-based Chesapeake Energy Corp. came to terms last week.

"The leases, which were signed in the mid-1990s to the early 2000s, were prior to the proliferation of high-volume hydrofracking, a much-debated gas-drilling process that made formations such as the Marcellus Shale profitable. As such, the terms of the contracts are generally well under current market value," reports Jon Campbell of the Democrat & Chronicle in Rochester.

“Make no mistake about it," said Attorney General Eric T. Schneiderman, "this agreement will provide a safety net for thousands of landowners by allowing them the opportunity to negotiate fairer lease terms, both financial and environmental, regardless of their existing contracts. For landowners across the state, this deal literally will provide a new lease on life.”

"The leases had been subject to a force majeure claim from Chesapeake Appalachia LLC, which had tried to extend their terms amid an ongoing environmental review of natural-gas development in New York," notes Jay F. Marks of The Oklahoman. "Such claims typically involve uncontrollable circumstances such as natural disasters."

The agreement covers leases that have expired or would have expired before Dec. 31, 2013. Landowners will be able to negotiate leases with other energy companies, but Chesapeake retains the right to match those terms. Chesapeake admitted no wrongdoing, but the company will pay $250,000 to reimburse the state for its investigation of landowners' complaints. (Read more.)