2013 Minard Run Litigation Documents






Press on September 6, 2012 Decision



Press on July 2, 2012 Oral Arguments

EcoWatch

Greenchip Stocks

Bradford Era




Litigation Docs 2009 and previous

Laws and Legislative History Supporting Federal Regulation of Oil and Gas Drilling in Allegheny National Forest


On March 3, 1891, Congress passed "An act to repeal timber-culture laws, and for other purposes." Known as the "Forest Reserve Act," the legislation permitted the President to establish "forest reservations" by public proclamation.

On June 4, 1897, Congress passed the Organic Act. The Organic Act authorized the federal government to regulate "occupancy and use" of forest reserves and "to preserve the forests thereon from destruction."

In the early 1900's, Congress began considering establishing national forests in the eastern United States. In 1905, Congress transferred the management of "forest reserves" (what are now called "national forests") from the Dept. of Interior to the Dept. of Agriculture. On April 2, 1908, the Senate Committee on Forest Reservations and the Protection of Game published a report explaining that the establishment of national forests in the eastern United States "is not a State or local question, but a national question." The Report emphasizes the states' failure to protect their forest lands from rampant clearcutting, which led to widespread flooding and forest fires, the impacts of which crossed state boundaries.

On February 3, 1909, the House Committee on Agriculture published House Report 2027, similar to the one above, stressing the importance of establishing eastern national forests to protect forests at the headwaters of streams.

On April 15, 1910, the House Committee on Agriculture published House Report 1036. This Report detailed the various stages of forest ownership and management in European countries. The Report notes that "unrestricted individual ownership was the first stage, and this plan uniformly failed." The Report next states that "individual ownership with government regulation as to cutting and fire protection was the second stage" but this was insufficient because "enforcement of the laws was constantly vitiated by political exigencies." The third, and final, stage was "government ownership of a portion of the protective forests of the mountains and government supervision over the balance." This is what Congress meant to replicate when it passed the Weeks Act the following year.

On June 15, 1910, the Senate Committee on Forest Reservations and the Protection of Game published Senate Report 846. This Report emphasized that Congress wanted eastern national forests to mirror the national forests of the western United States. Specifically, the Report emphasizes that the people of the eastern United States requested "a few million dollars conservatively applied to initiate in their mountains a conservation enterprise which is in line with the past policy of the nation in other directions" (i.e., in line with the western national forests). This demonstrates that Congress intended the eastern and western national forests to be similarly managed.





Most Recent Briefs Submitted in Minard Run Oil Company et al. v. USFS et. al.




Preliminary Injunction Appeal 3rd Circuit Opinion



Preliminary Injunction Appeal Briefs for

Minard Run Oil Company et al. v. USFS et. al.


Briefs by DOJ for USFS; and FSEEE, Sierra Club, and ADP



Response by Oil and Gas Industry



Response to Oil and Gas Industry arguments by DOJ and FSEEE, Sierra Club, and ADP




**Contempt Motion, Brief, and Declarations (Royal Dutch Shell)**

No to Contempt


Response to contempt motion


Federal Defendants Findings



Motion


Brief





Declarations

Minard Run et al v. USFS et al District Court Decision on PI




Other Important Related Documents



May 1, 2009 "hearing" by PA House Republicans with only industry testimony


Warren County Commissioners July 2011 Resolution



Appeal of SRBC Decision



Appeal Document


ADP Testimony


Press Release on SRBC Appeal

Background Documents for SRBC Appeals (attachments noted in testimony)