NYSDEC Region 7 Cortland Sub-Office
1285 Fisher Ave
Cortland, NY 13045
(607)753-3095
Ray's first hearing in Cabot Oil & Gas's $5M SLAPP suit is
WHEN: Monday, Dec 11th, at 9:30 AM
WHERE: Susquehanna County Court,
105 Maple St, Montrose, PA 18801
PLEASE COME!!! This is the Fracking Trial of the Century.
The court is hearing Ray's motion for immunity under PA's new Anti-SLAPP law,Law nerds may appreciate reading the Case Record here:
and a motion to unseal Ray's actual settlement agreement with Cabot.=
Share the FB event!!
https://www.facebook.com/events/1532113106825049/
Cabot v. Kemble 2017-936-CP
which available at the bit.ly/BHDCSDimockArchive

The court is hearing Ray's motion for immunity under PA's new Anti-SLAPP law.Ray's first hearing in Cabot Oil & Gas's
$5M SLAPP suit against him is:
WHEN: Monday, Dec 11th, at 9:30 AM
WHERE: Susquehanna County Court,
105 Maple St, Montrose, PA 18801
PLEASE COME!!! This is the Fracking Trial of the Century.
Share the FB event!! https://www.facebook.com/events/1532113106825049/
TO: DEPPermitting@dec.ny.gov
CC: Teresa.Diehsner@dec.ny.gov
CC: ConcernedCitizensOfEndicott@gmail.com
Subject: Comment on SPDES NY#0003808
My name is --------------. I live in --------------.
I care about the Susquehanna River because -----------.
(ideas: fishing, recreation, people living downstream, clean drinking water, etc)
With regards to the i3 Electronics SPDES permit, I am concerned about ------------.
(ideas: truck traffic, water quality impacts, odor, hazardous waste concerns, trucks should have Hazmat markings, flooding concerns, insufficient testing protocol, "self-monitoring program", no DEC oversight, aging facility, storm sewer use/leakage into old village dump site, health of the fish/river, human health impacts, etc)
I therefore join with Concerned Citizens of Endicott (CCoE) and respectfully request:
1: NYS DEC reclassify this permit modification as a Type-I SEQR action, perform a full environmental review, including an Environmental Impact Statement (EIS).
2: NYS DEC perform an audit of this facility over the last 10 years; identify and list all permit violations, leaks and spills, and the operators response; the operator's character and financial ability to maintain the facility; and investigate the operator for their acceptance of waste streams which are both
a) outside what is contemplated in their existing permit (manufacture of circuit boards) and/or
b) outside the scope of the 2011 Pilot (including Reverse Osmosis Concentrate, Pharmaceutical Waste, Sanitary Sewage, Medical Waste, and/or waste from the Oil and Gas industry).
3: Issue a moratorium on the importation of all offsite waste streams until
a) the EIS is completed
b) An integrity study of the plant is performed, including assessment of secondary containment, condition of plants, valves, pipes, etc.
c) An integrity study of the storm sewer network is completed, with particular focus to flooding issues, and possible leakage at the site of the old village dump,
d) and until the DEC gets notification from the Village of Endicott, Town of Union, and Broome County Zoning and Planning boards that this new business activity is a permitted use, or show that a Special Use Permit has been obtained.
Best Regards,
(your name)
A pipeline company blocked from cutting down maple trees at a Susquehanna County family business seeks a court order to allow state police to remove protesters preventing it from clearing the land.
Catherine Holleran and three other property owners should be held in contempt of court for violating a court order that granted the company permission to fell trees on their New Milford Twp. property, argues Elizabeth Witmer, attorney for Constitution Pipeline Company.
Loggers for Constitution arrived at the property Wednesday, but were turned away by about 30 protesters, including Megan Holleran, daughter of Catherine Holleran. State police were called, but troopers advised the company they could not remove the protesters without a court order, Ms. Witmer says in an emergency motion filed Friday in federal court.
Constitution has been battling the Holleran family and other property owners, Patricia Glover, Dustin Webster and Michael and Maryann Zeffer, regarding the acquisition of property needed to construct a 124-mile natural gas pipeline that will transport natural gas from Susquehanna County to New York and New England.
Constitution offered the property owners more than $3,000, which it says exceeds the appraised value of the land, according to court documents. The owners rejected the offer, arguing the appraisal was not properly done.
That led Constitution to seek to take the property through eminent domain. Judge Malachy Mannion ruled in favor of Constitution on March 17, 2015. The Federal Energy Regulatory Commission, or FERC, granted the firm permission last month to fell the trees.
Despite Judge Mannion's and FERC's orders, the Hollerans and other protesters have occupied the property, preventing Constitution from cutting the trees by standing in the fall zone, creating a safety risk, Ms. Witmer says in the motion. The protesters interference threatens the pipeline project as the FERC order requires the trees be cut by March 31 so not to affect migratory birds.
Contacted Monday, Megan Holleran said she wants to halt the cutting of the trees until a federal appellate court in New York rules on a separate challenge to the pipeline project that was filed by a group known as Stop the Pipeline. That case challenges FERC's approval of the project. While it's not directly related to her family's dispute, the outcome of the New York case could impact their case, she said.
"While that's still pending we think it's premature to take action on our land," she said. "If they cut the trees too soon, it's an error you can't take back."
Ms. Holleran said the protests have been peaceful. She was surprised Constitution filed the emergency motion.
"We are not doing anything illegal or to try to inspire a conflict," she said. "We had an extremely polite interaction. ... I asked them to leave and they did."
Ms. Witmer stressed Constitution is not seeking to bar the property owners from continuing their protest, so long as they do so peacefully and do not interfere with the loggers or otherwise pose a safety threat.
The property owners will have an opportunity to respond to the motion. Ms. Witmer requested Judge Mannion rule on the matter as soon as possible given the deadline the company faces to fell the trees.
Contact the writer: tbesecker@timesshamrock.com; @tmbeseckerTT on Twitter.

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| Photo: BH |