Caucus Supports Rep. Thompson

Washington, D.C.— This week, in an effort led by Congressman Glenn ‘GT’ Thompson (PA-05), members of the Congressional Western Caucus called on U.S. Department of Agriculture Secretary Tom Vilsack to address their concerns regarding the manner in which a settlement was reached on the lawsuit filed by the Allegheny Defense Project of Portland, Oregon, the Sierra Club, and the Forest Service Employees for Environmental Ethics in November, 2008, against the Forest Service and the Pennsylvania Oil and Gas Association.

Specifically, the lawsuit demanded that the National Environmental Policy Act (NEPA) be applied to the permitting process for privately owned subsurface rights despite the fact that permitting is already regulated by the Pennsylvania Department of Environmental Protection.

"The Forest Service decision to ignore the state permitting process for privately owned subsurface rights is a dangerous precedent for public lands and private property rights countrywide,” said Congressman Thompson. “I applaud the Western Caucus for their support on this issue that means thousands of jobs in my district.”

The settlement between the Forest Service and out-of-state environmental organizations allows some pending permits to move forward under existing conditions. However, there are concerns that applying new NEPA regulations to all subsequent permitting will impede if not curtail oil and natural gas production in the ANF. Additionally, there is significant evidence that these new regulations will devastate the regional economic engine that has been in place for 150 years. As stated in the letter signed by 22 House Members:

“The outcome of this lawsuit is extremely troubling. Unfortunately, circumstances like those facing the ANF already hit too close to home for families across the country who have already experienced job loss as a result of the Obama Administration and their job killing policies,” said Western Caucus Chairman Congressman Rob Bishop (UT-01). “Congressman Thompson has been a persistent and aggressive leader fighting for the rights of his constituents. It is my hope that Secretary Vilsack will take a different route that will save the jobs and economy of the Allegheny National Forest and its surrounding communities.”

Congressman Thompson and members of the Western Caucus noted that there is additional concern for the future implications of the precedent set by settlement, and the impact it will have on subsequent private property rights.

Pennsylvania law grants its citizens `reasonable access’ to private mineral rights and does not grant either the state or federal government surface or subsurface ownership rights superior to those of a private citizen. A recent Pennsylvania Supreme Court decision [J-52-2008; Belden & Blake Corporation v Commonwealth of Pennsylvania, Department of Conservation and Natural Resources] has clearly reinforced this point. However, the Forest Service’s settlement appears to convey the opposite: that federal ownership of surface rights somehow trumps those of privately held subsurface mineral rights.

With the hope of saving hundreds of jobs that will likely be lost due to the new restrictions, members of the Congressional Western Caucus as well as other Republican supporters called on Secretary Vilsack to swiftly address their concerns.

Received in e-mail from:
Tina Kreisher
Communications Director
US Rep. Glenn "GT" Thompson