Home > Frac > Frac Bans Violate the Constitution and Rob People

Frac Bans Violate the Constitution and Rob People

Ever heard the term “Shaleionaire“?

It is a term that has been applied to citizens who own and profit from the mineral rights to their land.  As a result of having Natural Gas under that land, they’ve been paid lots of money for it to be extracted.

For industry folks, the anti-Frac’ing argument is getting tiresome, mostly because there is no real argument. Green groups around the country have been playing up the pollution of aquifers without proof and have been directly targeting industry.

They are penalizing a struggling economy as a result.

All of this has been an irritant to those in the industry who cannot comprehend how arguments, which are not scientifically based, have gained traction. Especially when the Natural Gas Industry’s scientifically backed arguments are not gaining that same traction in the national spotlight or with law makers.

This controversy is absurd because it makes no sense.

When the NYT’s own public editor (Arthur Brisbane)  calls into question the legitimacy of the journalistic faithfulness of one of its writers  (Ian Urbina: Fibber Extraordinaire) for redacting emails he based his articles on, we could think it was bad.

But when law-makers like Markey and Maley begin to butt in after baseless articles like those were published, it turns the corner and a whole new ballgame ensues.

If you are interested, you can see how some anti-Frac’ing folks are responding to the prospect of Natural Gas drilling in Maryland.

Maryland has a front row seat for the growth happening in Pennsylvania as a result of gas drilling. They are witnessing the growth of Pennsylvania’s economy directly across the border because of a shale play that they share.

According to that article, the University of Maryland values the Natural Gas in Maryland’s portion of the Marcellus between 5.9 and 49.1 billion dollars.

Heather Mizeur, Delegate D-Montgomery, who failed in her efforts in the General Assembly to restrict drilling in the Marcellus, proposed that there be an extraction tax placed on drillers of 10%.  This would stifle the incentive for drilling in the state of Maryland and retard growth she has witnessed in Pennsylvania from flourishing in Maryland.

She is a MORON.

Here is why: She could not succeed in restricting drilling so she went another route.  If she can push taxing the tar out of the industries then they will be less likely to work.  She is doing all of this without factual basis for her actions.

The Lt. Gov. of Pennsylvania had to respond to Pennsylvanians who act like Maryland’s Delegate Hizeur because of proposals for extraction taxes on the Natural Gas Industry in Pennsylvania.

According to him:

Tax enthusiasts also make the claim that Marcellus poses an imminent environmental danger to the rest of the state that, for some reason, can only be solved by a tax. What will protect the state’s environment is aggressive and impartial enforcement of environmental regulations.

This year, the Department of Environmental Protection levied more than $1 million in fines against a single drilling company for environmental violations. Taxes don’t stop pollution. Environmental enforcement does.

What Lt. Gov. Cawley realizes that Delegate Mizeur does not is that Natural Gas drilling is great for state economic growth and it is great for the citizens of those states.

Here is where I would like it to go a step further and it will require no great amount of imagination.

Remember the “Shaleionaires” I mentioned earlier?

They are making real money.  So are the approximately 50,000 people put to work in Pennsylvania in the last 12 months. As a result of them, Nat Gas companies have already paid over 1.2 billion dollars in taxes to the state of Pennsylvania because they are making tons money and created tons of jobs.

This is not a calculation of associated economic growth from businesses that start or grow to support the influx of workers.

So what does this have to do with Frac Bans and Stifling Restrictions?

Check this out to understand where I am going.

I am sure the wheels are turning now.

You see, there are dollar amounts associated with the losses of revenue due to Frac Bans and Restrictions.

Frac Bans violate the 5th and 14th Amendments. They disable landowners and mineral rights owners from profiting from resources they possess. This could mean hundreds of thousands to millions of dollars.

The 5th amendment reads “nor shall private property be taken for public use, without just compensation.”

Imagine knowing that your lands were worth millions to you in royalties and fees but your state banned drilling when that same drilling is happening 50 miles away, across a state line, and making millionaires out of folks in a similar situation.

Would you be infuriated? I would.

The Dryden Safe Energy Coalition issued that letter to help their local government understand that by instituting a ban,

The ban entirely confiscates mineral rights to an estimated value of $175 million (valuations may vary, but the significance of the sum involved remains), not including the additional value of royalty rights also likely in the many millions and the costs of litigation.

In violating the Constitutional protection of wrongful seizure, the government would assume responsibility to justly compensate the losses realized by those who couldn’t earn money they were previously capable of making.

Because Natural Gas companies are willing to pay fees and royalties to the mineral rights owners of land, the number of their loss is quantifiable. To institute a ban would be to remove money from their pockets, which those who impose the ban should be required to pay. This would fall on the tax payers and is impossible.

So the question is “How much will all of the inaccurate information presented by Greenies to create public anxiety cost the public?”

The answer to that is countless millions of dollars. It has already cost them money. While Pennsylvania flourishes, New York flounders.

If the Greenies prefaced their protests with “We are disabling you from becoming much wealthier, here is the check you could have had.” then I am certain that they would lose some of the wind in their windmills.

By the way, the EPA still doesn’t have a single confirmed instance of Hydraulic Fracturing polluting groundwater. So what is the argument? The argument is always rooted in uncertainty without any glance back at the history of Natural Gas drilling.

The argument should be that there are Americans being robbed of money right now because of all of their bull. They should be liable for it and they should be sued.

Let see if they are willing to compensate the people the millions they’ll lose in the name of the environment. I doubt it.

They can’t put their money where their mouths are but they sure have no problem with taking money from the people and businesses who can.

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