This is yet another case in which a court puts the law aside and decides to make up policy as it goes along.
Not long ago, Cabot Oil & Gas wanted to build gas wells in Chief Logan State Park in West Virginia. But West Virginia regulators quite rightly cited a state law that prohibits all commercial mineral exploration in state parks - and denied Cabot's application.
The law is sound. More importantly, however, it is the law. Can a court just say that a law that was legally enacted doesn't apply?
I guess it thinks it can.
A Logan County judge has now ruled that regulators have to grant Cabot the permits to build the wells in the state park. He said denying the permits would deprive Cabot of its "private property rights."
Problem is, it's not private property. It's a state park. You don't have private property rights on public property. Plus, the law is very clear about barring mineral exploration in state parks.
Conservatives praise the judge's ruling as a win for individual rights. So Cabot Oil & Gas is an individual now? Even if it was an individual, it still wouldn't have private property rights on public land - especially if they tried to do something that the law specifically prohibits.
Chalk up another tally for judicial activism.
Wednesday, July 1, 2009
Court lets gas company drill in state park
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Tim, do you think by not providing a link to the article you gleened your information from the People won't know you're not telling them the whole story? The People aren't easily fooled.
ReplyDeleteHere's what Tim left out: The family that donated the land for the park decades ago did so with the stipulation it would retain drilling rights and the deed for the land says such.
Here's what you left out: The law says you can't drill in state parks. Period. End of discussion.
ReplyDeleteYou also left out the fact that Cabot Oil & Gas is not the family that donated the land.
It's not the end of discussion.
ReplyDeleteT. Boone Pickens apparently owns the company. Drilling rights would still transfer. This isn't authoritarian Venezuela we're talking about. The state didn't want to pay for very valuable drilling rights when it opted to outlaw drilling, as it would be contractually bound to do. I doubt West Virginia has millions of dollars and it probably doesn't want to give the park land back.
T. Boone Dickens is a Republickan.
ReplyDeleteHe is not a member of the family who donated the land for the state park.
Besides that, THE LAW says you cannot drill in a state park. The judge cannot change what the law is. The legislature has to do that.
Wasn't T-Bone Dickens one of the biggest funders of the Swiftboat campaign?
ReplyDeletePickens has contributed heavily to GOP campaigns and he did give $1 million to the Swiftboat group that opposed John Kerry in 2004. Recently he's been opening his check book to Democrats in New Mexico and Colorado, presumably ones who can help him with his wind energy venture.
ReplyDelete