media packet (1)

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For Immediate Release March XX, 2015 Concerned Citizens of St Tammany Parish Seeking Signatures for Referendum to Ban Fracking On March 25, 2015, a community meeting to discuss a referendum to ban fracking in St. Tammany Parish will be held at 6:00 pm at the XXXXXX auditorium. This meeting will be hosted by Concerned Citizens of St. Tammany Parish along with the Loyola Law Environmental Advocacy Group. Concerned Citizens of St Tammany Parish is a local nonprofit, championing transparency in government action. Over the past 18 months, CCST became the frontrunner in the local outcry against fracking. Helis Oil & Gas is seeking an oil and gas extraction permit which will utilize a process called hydraulic fracturing, also known as “fracking”. Numerous public health, economic, and social concerns surround this project. During fracking, large amounts of water, mixed with an undisclosed chemical cocktail called "fracking fluid" is injected into the ground under high pressure to crack the rocks below, allowing oil and natural gas to flow to the surface to be collected. “Fracking fluid” includes hazardous chemicals known to cause cancer and otherwise be toxic. If anything goes wrong during the process of hydraulic fracturing, the toxic chemicals contained in fracking fluid may leak into ground water, contaminating drinking water sources. This poses a special danger to St. Tammany Parish, which relies upon underground aquifers for 90 percent of its

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Page 1: Media Packet (1)

For Immediate ReleaseMarch XX, 2015

Concerned Citizens of St Tammany Parish Seeking Signatures for Referendum to Ban Fracking

On March 25, 2015, a community meeting to discuss a referendum to ban fracking in St. Tammany Parish will be held at 6:00 pm at the XXXXXX auditorium. This meeting will be hosted by Concerned Citizens of St. Tammany Parish along with the Loyola Law Environmental Advocacy Group.

Concerned Citizens of St Tammany Parish is a local nonprofit, championing transparency in government action. Over the past 18 months, CCST became the frontrunner in the local outcry against fracking.

Helis Oil & Gas is seeking an oil and gas extraction permit which will utilize a process called hydraulic fracturing, also known as “fracking”. Numerous public health, economic, and social concerns surround this project.

During fracking, large amounts of water, mixed with an undisclosed chemical cocktail called "fracking fluid" is injected into the ground under high pressure to crack the rocks below, allowing oil and natural gas to flow to the surface to be collected.

“Fracking fluid” includes hazardous chemicals known to cause cancer and otherwise be toxic. If anything goes wrong during the process of hydraulic fracturing, the toxic chemicals contained in fracking fluid may leak into ground water, contaminating drinking water sources.

This poses a special danger to St. Tammany Parish, which relies upon underground aquifers for 90 percent of its drinking water. This risk to groundwater can also lead to economic concerns, such as a decrease in property values.

The chemicals used in fracking also can lead to air pollution and the release of volatile organic compounds, also known to be toxic. Fracking has even been shown to increase the risk of seismic activity, including earthquakes.

Concerned Citizens of St. Tammany and the Loyola Law Environmental Advocacy Clinic encourage citizens to attend the March 25, 2015 meeting to show their support for a ban on fracking in St. Tammany Parish.

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The groups will be presenting talks on hydraulic fracturing, a question and answer session, and there will be an opportunity for supporters to sign a petition to enact a referendum banning fracking in St. Tammany Parish.

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Example Images

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A Big Fracking Mess

…in our community?

Helis Oil & Gas Company is proposing to search for oil and gas in St. Tammany Parish using a process called hydraulic fracturing, also known as “fracking”.

During fracking, water, mixed with an undisclosed chemical cocktail called "fracking fluid" is injected into the ground under high pressure to crack the rocks below, allowing oil and natural gas to flow to the surface to be collected. i

Fracking fluid" often includes hazardous chemicals known to cause cancer and otherwise be toxic. ii

The site for the first ever fracking well in St. Tammany Parish is in an area zoned residential, only 1.2 miles from Lakeshore High School. iii

Our money, health and safety at risk!

Water pollution, economics, earthquakes.

If anything goes wrong during the process of hydraulic fracturing, the toxic chemicals contained in fracking fluid may leak into ground water, contaminating drinking water sources. iv

St. Tammany Parish and the surrounding region rely heavily upon underground aquifers for the majority of municipal drinking water. v

The proposed fracking well site lies above the Southern Hills aquifer, the source of 90 percent of all water used in St. Tammany, vi and provides drinking water for over 744,000 residents of southeastern Louisiana. vii

Water pollution will not only be a health concern for St. Tammany Parish but also a large economic burden for the community.

Fracking also diminishes air qualityviii, releasing harmful volatile organic compounds (VOCs) and other toxins at every stage of the extraction and delivery process. ix

Additionally, the groundwater risk posed by fracking can reduce property values up to 24 percent due to concerns around groundwater contaminationx, and a single fracking well yields only as few as 4 permanent local jobs xi, with the majority of jobs going to outsiders, raising the cost of living for locals. xii Municipal roads and infrastructure can also be damaged due to a sudden increase in vehicle traffic and

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population.xiii Once extraction stops, a fracking boom can quickly turn to an economic bust, as population and jobs move on to profit elsewhere. xiv

The injection of fracking fluids has even been shown to increase seismic activityxv, causing earthquakes large enough to be felt and cause damage in areas that previously experienced few or no earthquakes. xvi

Get on Board:Tell Helis : “Don’t Frack Up St. Tammany!”

St. Tammany Parish is what’s called “a home-rule municipality”. The Louisiana Constitution grants home-rule parishes a wide range of power to make decisions and laws to manage its own affairs.

Through either a vote by the St. Tammany Parish Council or by a referendum by the Parish residents themselves, fracking can be stopped in St. Tammany Parish.

AND if our local government won’t help – we are asking our state legislators to step in too. Tell them you don’t want fracking in St Tammany!

What You Can Do: Sign the petition at [WEBPAGE] Come to a meeting.

o On March _____, Loyola Law Environmental Advocacy Group and The Concerned Citizens of St. Tammany Parish ask you attend the community meeting to learn more about how you protect your right and your community. (more details for meeting)Call your state legislative representatives

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AN ORDINANCE OF THE PARISH COUNCIL OF ST. TAMMANY PARISH, LOUISIANA AMENDING CHAPTER 16, “LICENSES, TAXATION AND REGULATIONS,” OF THE ST. TAMMANY PARISH CODE OF ORDINANCES, BY ADDING A NEW ARTICLE XIII, “PROHIBITION OF HYDRAULIC FRACTURING,” GENERALLY PROVIDING THAT HYDRAULIC FRACTURING OPERATIONS ARE PROHIBITED IN ST. TAMMANY PARISH; MAKING FINDINGS; PROVIDING A REPEALER CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY; AND PROVIDING FOR PUBLICATION AND AN EFFECTIVE DATE. WHEREAS, as a Louisiana home-‐rule municipality pursuant to Article IV, Section 5(E), of the Louisiana Constitution, St. Tammany Parish, Louisiana may exercise any power and perform any function necessary, requisite or proper for the management of its affairs, not denied by general law or inconsistent with the Constitution of Louisiana; and

WHEREAS, the Parish government of St. Tammany Parish, Louisiana, pursuant to its powers granted by Section 1-05 of the Home Rule Charter of St. Tammany Parish, has the right, power, and authority to pass all ordinances requisite or necessary to promote, protect, and preserve the general welfare, safety, health, peace, and good order of the Parish; WHEREAS, natural gas drilling and production operations in general involve or otherwise impact the environment of St. Tammany Parish, infrastructure and related public health, welfare and safety matters, including but not limited to noise issues, road repair issues due to use of heavy equipment, site security and signage issues, issues related to operating hours, venting of gas, fire suppression issues, lighting issues, containment systems, hazardous materials management, spill issues, operator insurance issues, environmental impairment matters and other regulatory issues; and WHEREAS, there is an abundance of reports, studies, information and data about the effects of natural gas drilling on public health, welfare and safety, some of which reports, studies, information and data are contradictory, and due to such, many of the Parish residents have undertaken extensive study and investigation to determine what, if any, effects natural gas drilling may have on the public health, welfare and safety of St. Tammany Parish, Louisiana and its residents; and WHEREAS, the well stimulation process known as hydraulic fracturing is used to extract oil, gas, and other hydrocarbons through the underground injection of water, gels, acids or gases, sands or other proppants along with chemical additives, many of which chemicals are known to be toxic; and WHEREAS, during hydraulic fracturing, chemicals and waste fluid pumped into such wells may be introduced into and could contaminate drinking water aquifers; and

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WHEREAS, it is the purpose of this Ordinance to protect the public health, safety and welfare, the environment, and property values by prohibiting hydraulic fracturing within St. Tammany Parish, Louisiana; and WHEREAS, this Ordinance is enacted pursuant to the right of the residents of St. Tammany Parish to govern their own community, specifically with regard to the well stimulation process known as hydraulic fracturing, as referenced in this Ordinance; and WHEREAS, the citizens of St. Tammany Parish are seeking to protect themselves from the dangers associated with hydraulic fracturing, including ground and surface water contamination, air pollution, property devaluation, and other threats to the public safety, health, and welfare; and

WHEREAS, the experience of other municipalities has proved that meaningful limitations concerning hydraulic fracturing, along with other land use provisions, are ineffective for a variety of reasons, including both legal and regulatory; and

WHEREAS, it is neither the intent nor the purpose of this Ordinance to rezone property and/or otherwise engage in land use regulation authorized by Article IV, Section 17 of the Louisiana Constitution; rather, it is the intent of this Ordinance to regulate certain aspects of business operations that directly and/or indirectly impact the public safety, health, and welfare; and

WHEREAS, the citizens of St. Tammany Parish believe that the protection of the residents, neighborhoods, community integrity, and the natural environment of the Parish is an appropriate purpose for the adoption of this Ordinance and as such, the Parish is legally authorized to adopt this Ordinance pursuant to its police powers.

NOW, THEREFORE, BE IT ORDAINED BY THE PARISH COUNCIL OF ST. TAMMANY PARISH, LOUISIANA THAT:

SECTION 1The matters and facts recited in the preamble to this Ordinance are hereby found and determined to be true and correct and incorporated herein by reference as if fully set forth herein.

SECTION 2From and after the effective date of this Ordinance, Chapter 16, “Licenses, Taxation and Regulations,” of the St. Tammany Parish Code of Ordinances, is hereby amended by adding a new Article XIII, “Prohibition of Hydraulic Fracturing,” to read as follows:

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ARTICLE VII PROHIBITION OF HYDRAULIC

FRACTURING Sec. 13-202.00 Definitions.The following words, terms and phrases, when used in this article, shall have the meaningsascribed to them in this section, except where the context clearly indicates a differentmeaning:Fluid means any material or substance which flows or moves whether in semi-‐solid, liquid, sludge, gas, or any other form or state.

Gas means all natural gas, whether hydrocarbon or non-‐hydrocarbon, including hydrogen sulfide, helium, carbon dioxide, nitrogen, hydrogen, casinghead gas, and all other fluid hydrocarbons not defined as oil.

Hydraulic fracturing means the process of directing pressurized fluids containing any combination of water, proppant, and any added chemicals to penetrate tight formations,such as shale or coal formations, that subsequently require high rate, extended flowback to expel fracture fluids and solids during completions.

Oil means crude petroleum, oil, and all hydrocarbons, regardless of specific gravity, that are in the liquid phase in the reservoir and are produced at the wellhead in liquid form.

Oil and gas means both oil and gas, or either oil or gas, as the context may require to give effect to the purposes of this article.

Person means any person, firm, association of persons, company, corporation, or their agents, servants, or employees.

Sec.13-203.00 Prohibition of Hydraulic Fracturing.It shall be unlawful for any person to engage in hydraulic fracturing within the corporate limits of St. Tammany Parish.

Sec. 13-204.00 Penalty.The violation of or noncompliance with this article by any person, firm, association of persons, company, corporation, or their agents, servants, or employees shall be punishable as a misdemeanor and upon conviction, such person, firm, association, company, corporation or their agents, servants or employees shall be fined a sum not less than one dollar ($1.00) but shall not exceed two thousand dollars ($2,000.00), and each day any violation or noncompliance continues shall constitute a separate and distinct offense.”

SECTION 3

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All ordinances, orders or resolutions heretofore passed and adopted by the Parish Council ofSt. Tammany Parish, Louisiana, are hereby repealed to the extent that said ordinances, resolutions, or parts thereof, are in conflict herewith.

SECTION 4If any section, subsection, clause, phrase or provision of this Ordinance, or the application thereof to any person or circumstance, shall to any extent be held by a court of competent jurisdiction to be invalid, void or unconstitutional, the remaining sections, subsections, clauses, phrases and provisions of this Ordinance, or the application thereof to any person or circumstance, shall remain in full force and effect and shall in no way be affected, impaired or invalidated.

SECTION 5Any person, firm or corporation violating any of the provisions or terms of this Ordinanceshall be deemed guilty of a misdemeanor and, upon conviction, shall be punished pursuant to the provisions contained in Section 13-204.00 of the St. Tammany Parish Code of Ordinances, as amended.

SECTION 6This Ordinance shall be in full force and effect from and after its passage and publication asprovided by law, and it is so ordained

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Dear Rick,

Our group from the Loyola Law School Environmental Advocacy Project (aka, "The A-Team") are planning on having a community on the St. Tammany fracking ban.

The community meeting will consist of a presentation put together by our team outlining the strategy for banning fracking in St. Tammany Parish, short talks by passionate speakers, and a Q&A session. We will also be providing fact sheets and of course, collecting signatures for the fracking ban referendum. 

Our tentative date for the meeting is March ___th - does that work for you and your organization? 

We were wondering if Concerned Citizens could help us out with [securing a venue], finding speakers, and getting the word out to constituents in the Parish. Thanks for all your help. 

thanks,Will Kovalchik & Annelise Rickert-Loyola University College of Law Environmental Advocacy Project

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Dear [Potential Ally], 

I am a law student working on community organizing to ban fracking in St. Tammany Parish as part of Loyola University College of Law's Environmental Advocacy Clinic. 

We have a two pronged approach to banning affecting a fracking ban in St. Tammany - getting Parish citizens behind a referendum which will place a moratorium or outright ban on hydraulic fracturing in the parish by enacting a new local ordinance, and changing the language of a state-wide law which would enable such a ban to go into effect by action of the Parish. 

I came across your group while searching for potential allies in our fight. Since a referendum would require a certain number of signatures, your established support base would be critical. Any other help your organization could provide would also be helpful. 

We will also be holding a community meeting on March ___th, and would love if you and your constituents could attend. 

Any help you can provide will be appreciated. There is already a good deal of support for banning fracking in St. Tammany, and we are trying to tip the scales in favor of a ban. 

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You can reach me at this e-mail or at (808)271-5509 or (832)689-0095

thanks,Will Kovalchik & Annelise Rickert-Loyola University College of Law Environmental Advocacy Project

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i Lincoln Davies, et al., ENERGY LAW AND POLICY, American Casebook Series, (1st ed. 2014).

ii Concerned Health Professionals of New York (2014, December 11), Compendium of Scientific, Medical, and Media Findings Demonstrating Risks and Harms of Fracking (Unconventional Gas and Oil Extraction) (2nd Edition), http://concernedhealthny.org/wp-content/uploads/2014/07/CHPNY-Fracking-Compendium.pdf

iii Roberts III, Faimon A. “Crowd fills high school gym for latest forum on Tammany fracking well”. The

New Orleans Advocate. Nov. 15, 2014. http://www.theneworleansadvocate.com/news/10816244-171/crowd-fills-high-school-gym

iv Urbina, Ian. “A tainted water well, and concern there may be more.” New York Times. August 3, 2011; Energy Resources Conservation Board. “Caltex Energy Inc. hydraulic fracturing incident 16-27-068-10W6M September 22, 2011: ERCB investigation report.” December 20, 2012 at 1; Banerjee, Neela. “Oil companies fracking into water sources, new research shows.” Los Angeles Times. August 12, 2014; Lustgarten (July 18, 2014).

v U.S. Department of the Interior, U.S. Geological Survey. Louisana Department of Transportation and Development. “Water Resources of St. Tammany Parish”. Washington, 2009. http://pubs.usgs.gov/fs/2009/3064/pdf/StTammy_FS.pdf

vi Aguillard, Anna. “St. Tammany Parish sues to prevent fracking; Cites concerns over aquifer”. The Louisiana Record. August 27, 2014. http://louisianarecord.com/news/262864-st-tammany-parish-sues-to-prevent-fracking-cites-concerns-over-aquifer

vii U.S. Department of the Interior, U.S. Geological Survey. “The Southern Hills regional aquifer system of southeastern Louisiana and southwestern Mississippi: Water-Resources Investigations Report 83-4189”. Washington, D.C. http://pubs.usgs.gov/wri/1983/4189/report.pdf

viii Adgate, John L. et al. “Potential public health hazards, exposures andHealth Effects from Unconventional Oil & Gas Development”. EnvironmentalScience & Technology. Vol 48, Iss. 15. August 5, 2014 at 8308.

ix Physicians for Social Responsibility. “Hydraulic Fracturing and Your Health: Air Contamination.” Washington, 2014. http://www.psr.org/assets/pdfs/fracking-and-air-pollution.pdf

x Muehlenbachs, Lucija, et al. “Shale Gas Development and Property Values: Differences Across Drinking Water Sources”. National Bureau of Economic Research. Working Paper 18390. Cambridge, MA. September 2012. http://public.econ.duke.edu/~timmins/w18390.pdf

xi Mauro, Frank et al. Multi-State Shale Research Collaborative. Pennsylvania Budget and Policy Center. “Exaggerating the Employment Impacts of Shale Drilling: How and Why”. November 2013. https://pennbpc.org/sites/pennbpc.org/files/MSSRC-Employment-Impact-11-21-2013.pdf

xii Donavan, Lauren. “With housing shortage in western ND, some look to make a buck”. Bismarck Tribune. July 2, 2011. http://bismarcktribune.com/news/state-and-regional/article_12f53694-a348-11e0-8727-001cc4c002e0.html

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xiii Wicker, Alden. “Fracking: Economic Friend or Foe?”. http://www.learnvest.com/2012/11/is-fracking-the-future-or-a-really-bad-idea-123/ Learnvest. November 2, 2012.

xiv Community and Regional Development Institute. Christopherson, Susan and Rightor, Ned. “The Boom-Bust Cycle of Shale Gas Extraction Economies.” CaRDI Reports, Issue 14, September 2011. http://www.greenchoices.cornell.edu/downloads/development/shale/Economic_Consequences.pdf

xv Zuckerman, L. (2014, October 29). “Gas wastewater likely triggered 2011 quake in Colorado: USGS. Reuters.” http://www.reuters.com/article/2014/10/29/us-usa-earthquake-colorado-idUSKBNoII2NP20141029

xvi U.S. Department of the Interior, U.S. Geological Survey. “USGS Release: Coping with Earthquakes Induced by Fluid Injection”. U.S. Geological Survey. Washington, D.C. February 19, 2015. http://www.usgs.gov/newsroom/article.asp?ID=4132#.VPi5cnzF-xp