A landmark lawsuit against an energy giant and two Alberta government regulatory agencies concerning water well contamination by hydraulic fracturing started with an unusual twist in Alberta’s Court of Queen’s Bench yesterday.
Judge B. L. Veldhuis began the proceedings in a Drumheller courtroom attended by 20 landowners from across the province by admitting that she was going to do something unexpected: she then asked for a shorter statement of claim.
Jessica Ernst, a 54-year-old oil patch consultant and scientist from Rosebud, Alberta, is suing EnCana, one of the continent’s largest unconventional gas producers, for negligence causing water contamination and the Alberta Energy Resources Conservation Board (ERCB), the province’s energy regulator, for breaching the Charter of Rights.
The lawsuit alleges that the regulator “banished” Ernst, now a celebrated landowner in the province, from contact with the board after she publically spoke out about water well contamination and noise pollution.
In addition, the $33-million lawsuit alleges that Alberta Environment, one of two agencies responsible for groundwater protection, failed to uphold its regulatory responsibilities.
The lawsuit effectively puts on trial the practice and regulation of hydraulic fracturing: the controversial blasting of coal, oil and shale formations with toxic chemicals, sand and water.
North America’s fracking boom has increased natural gas supplies, lowered gas prices and weakened the bottom line of many gas companies. The poorly studied technology, which can also cause earthquakes, has sparked moratoriums, debates and regulatory investigations from New Brunswick to Wyoming due to concerns about groundwater contamination, air pollution and methane leaks.
Neither EnCana nor the Alberta regulators have fielded statements of defence on shallow fracking incidents that took place eight years ago during a frenzied coal-bed methane drilling boom in central Alberta.
Instead, lawyers for both EnCana and the ERCB came prepared to argue a variety of motions to dismiss the entire case or strike out entire paragraphs from Ernst’s highly readable 73-page statement of claim as “inflammatory” and “embarrassing.”
In particular, the ERCB, whose mission is to develop oil and gas “in a manner that is fair, responsible and in the public interest,” was prepared to argue that it has “no duty of care” to a landowner with contaminated water.
Toronto lawyer Murray Klippenstein, who represents Ernst, agreed with the judge’s request and says he will submit a shorter claim within a month. (Klippenstein, a no-nonsense litigator on critical justice issues, successfully represented the family of slain First Nation activist Dudley George against the Ontario government of Mike Harris.)
“We know that EnCana and the Board and the government did not like the detailed description of Jessica’s case and were trying very hard to have parts removed,” explained Klippenstein outside the courtroom.
“The judge wanted a more concise description and that can be easily provided.”
The lawsuit alleges that an experimental and shallow drilling and fracking program into coal seams contaminated Ernst’s water source with so much methane that she could light her tap water on fire.
“EnCana refused to address Ms. Ernst’s concerns or answer her questions; failed to investigate Ms. Ernst’s water contamination problem; refused to disclose the chemicals used in fracturing, drilling and servicing operations,” adds the claim.
The U.S. Environmental Protection Agency has linked fracking activity by EnCana to the contamination of groundwater in Pavillion, Wyoming. EnCana, which is losing money and shareholder confidence due to its extreme dependence on industrial scale shale gas plays, calls the EPA investigation flawed.
Landowners at the courthouse said they came to support Jessica Ernst as a champion of the public interest and groundwater protection.
“Jessica is doing what we all want to do but don’t have the balls to stand up and do,” said Shawn Campbell, a Ponoka area rancher who also has water contamination problems related to fracking. “Water is the key issue. If you don’t have clean water what are you going to do? You won’t live long.”
Dairy farmer Jan Slomp, a board member of the National Farmer’s Union, which has called for a moratorium on fracturing, also attended the first day of the trial because of his admiration for Ernst’s courage.
“I’m here to support Jessica. This issue needs to be brought into the public arena. People are concerned and know something is wrong.” [. . . . ]
Andrew Nikiforuk wrote the first stories on hydraulic fracturing and the Ernst Case for ROB Magazine and Canadian Business magazine.
The mayors of eight British Columbia cities have added their voices to the growing chorus of prominent figures calling on the provincial government to legalize, tax, and regulate marijuana. In a joint letter last Thursday to provincial elected officials, the mayors said it was time to “tax and strictly regulate marijuana under a public health framework.”
The letter was signed by Vancouver Mayor Gregor Robertson, as well as the mayors of suburban Burnaby and North Vancouver and the mayors of the interior communities of Armstrong, Enderby, Lake County, Metchosin, and Vernon.
The letter was posted on the web site of Stop the Violence BC, a coalition of public health officials, academics, legal experts, and law enforcement officials. The group has been calling for the development of and implementation of marijuana laws that reduce social harms, such as crime and gang violence.
Despite “an endless stream of anti-marijuana law enforcement initiatives,” the herb remains easily available to young people, the mayors said. “Based on the evidence before us, we know that laws that aim to control the marijuana industry are ineffective and, like alcohol prohibition in the US in the 1920s, have led to violent unintended consequences.”
None of this is surprising in a province where 66% of the population supports marijuana legalization, according to an Angus Reid poll cited by the mayors. But it runs directly counter to the direction of the Conservative federal government, which not only opposes legalization, but recently passed crime legislation that for the first time imposes mandatory minimum prison sentences for some drug offenses, including the cultivation of as few as six marijuana plants.
Weird news covered as shaking & booming now happening in New Brunswick, Canada…You Tubes own Michael Collins goes mainstream with an excellent report and demo on G4…Senator Wyden making the rounds as NRC candidate is disqualified for lying to congress…(surprise–sarcasm)
World leaders and activists from around the world gathered for the G20 Summit. With over 19,000 police officers and security personnel on hand, the results lead to over 1100 arrests, martial law in downtown Toronto, and the most massive violation of civil liberties in Canadian history.
Into The Fire
The whole world is watching.
Into The Fire on DVD has over 2 hours of extras including deleted scenes, extended interviews, a making of the soundtrack special feature and much more! http://pressfortruth.ca/dvd_dtls.php?rid=7
Please support the film makers by getting your copy on DVD. Burn copies and hand them out to your friends, family members and total strangers!
Directed by Dan Dicks
Produced by Steven Davies Bryan Law and Dan Dicks
Music by Dan Dicks
On May 1st 2012 approximately 10,000 people took to the streets in downtown Toronto to take part in a global day of protest. Activist groups from multiple communities marched around the city going from Queens Park to Alexandra Park to their final destination Simcoe Park where some were arrested for attempting to set up a tent in the park.
In the early evening of May 1st,100 people were arrested in Montreal: 75 for participating in an illegal assembly and 25 for breaking windows and such (charged with mischief). The police responded to the breaking of windows by firing rubber bullets randomly into the crowd and chaos ensued. That evening, the protesters again convened in the usual spot at Berri metro to begin their nightly march around the city. For the time that Arron and I were there, all was peaceful. The police were visibly tense at times but kept their cool despite various taunts from the protesters.
For more coverage of the ‘Quebec Spring’ please visit Eric Bouthillette’s channel http://youtube.com/theverbalmilitia
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