CHARLESTON, W.Va. - The West Virginia legislature is continuing work on a bill to regulate Marcellus shale natural-gas drilling, pushed by complaints from landowners that the process is slanted against them.

The House of Delegates has scheduled public hearings through next week. Previous events have been filled by landowners asking lawmakers to write rules that better protect property rights.

Richard Cain bought 105 acres in Marion County, intending to hunt there and then leave the tract to his sons. He says he could do little to stop a drilling company plan that could eventually take up more than a third of the land, tying it up for decades.

"It's pretty well destroyed right now. I said, 'Yeah you're gonna take the best of the property.' The guy kind of smiled, and he said, 'We'll leave you a little bit.' "

None of the drillers or energy companies returned calls requesting comment. Current law says the firms can do what is "fairly necessary" to the land if they control the mineral rights - but landowners contend that the companies do as they please.

Some landowners complain they have no voice in where any kind of natural-gas production work happens, and only find out late in the process.

Roberta Fowlkes objected to where a planned pipeline would cross a Putnam County farm that had been in her family for generations. Because nobody currently lives there, they didn't even realize the company had ignored their wishes.

"We felt they were going to come back to us to discuss it. They did not. They continued with their plans, and we found out just when we went out there a few months later that they had already installed everything."

The driller determines what compensation to offer the landowner. If the landowner controls the mineral rights, he or she can negotiate better terms. But if not, or if the drilling is to reach gas under a neighboring property, the landowner has few options other than going to court.

That's what Richard Cain is doing.

"In this case, it was ridge line. For somebody else, it could be hay fields. It could be your best part of your farm. That's not right."

In general, the industry has said it could accept what it calls reasonable rules as long as they provide predictable regulations that won't strangle growth.

Hearings are scheduled tonight in Wheeling, Monday in Morgantown and Wednesday in Clarksburg.


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The new Buffalo Bills stadium may not be the best environmentally but it has some green qualities.

The steel for the stadium is being made locally and climate-consciously, using an electric-arc furnace. Studies show the process emits 75% less carbon than traditional steel manufacturing.

Brian Raff, vice president of sustainability and government relations for the American Institute of Steel Construction, said there are outside benefits to using electric-arc furnace steel.

"The supply chain for EAF steel is just a circular economy," Raff pointed out. "Everything that is waste, considered waste at one point, gets put back into the supply stream, gets shredded, melted down, and then made into new steel over and over and over."

Some downsides to electric-arc furnace steel are higher impurities and inclusions, and uneven heat distribution.

Other environmental benefits of the new stadium include reduced water usage, better stormwater flow, and a modern electrical system. The stadium will have 14% fewer spectators, also reducing other environmental impacts. Highmark Stadium will be completed in 2026.

Beyond the environmental impacts, the new stadium's construction creates 10,000 union labor jobs for western New York, and 60% of the 25,000 tons of the steel used for the stadium will be developed in New York.

Raff emphasized making the steel locally will have an economic ripple effect.

"25,000 tons of steel means millions of man-hours, and so that means it's going to keep those fabrication companies moving," Raff explained. "Cash is coming in the door, which means they're able to pay their employees. All of that money will be saved and spent in the local economies."

The project also creates greater opportunities for minority, women and veteran-owned businesses. An important part of the labor agreement negotiations was having local workers involved in the new stadium's construction.


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Environmental groups say more should be done to protect people's health from what they call toxic, radioactive sludge.

A court granted a temporary restraining order against Austin Master Services, a fracking waste-storage facility in Martin's Ferry, at the request of Ohio Attorney General David Yost.

Ohio has some of the least-restrictive rules on fracking waste, said Jill Hunkler, director of the local advocacy group Ohio Valley Allies. She said this makes communities "dumping grounds" for the byproducts of fracking, and residents are often left to educate themselves on the risks of living near fracking operations and waste sites.

"We can see firsthand how dangerous these facilities were and how poorly they were operating," she said, "and right within 500 feet of the drinking water supply for 5 million people, which is the Ohio River."

At a city council meeting, residents voiced their concerns about water-supply safety and ongoing health risks for neighboring communities.

In a legal complaint, the AG's office said the Martin's Ferry facility has exceeded the amount of waste it's permitted to store by thousands of tons.

Austin Master Services could not be reached for comment. The Ohio Department of Natural Resources maintains there's no evidence the waste has affected public health.

Hunkler said a judge ordered Austin Master Services to clean up the excess waste at a recent hearing, but the company said it didn't have the money to do so.

"It's just a very good example of the failure here to adequately regulate and enforce and protect the communities from this toxic industry," she added.

According to Food and Water Watch, fracking waste contains a mixture of heavy metals, brines, volatile organic compounds, carcinogens and naturally occurring radioactive contaminants. Yale University research has linked exposure to some of these substances to reproductive and developmental problems.


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Residents of East Palestine, Ohio, say they continue to live with health problems, including rashes, nosebleeds and respiratory issues following last year's massive train derailment and chemical spill.

According to the Environmental Protection Agency, 177 tons of solid waste of solid waste and 68 million gallons of water have been transported out of East Palestine for disposal.

Jess Conard, Appalachia director for the advocacy group Beyond Plastics, said vinyl chloride is a key ingredient in making PVC plastic. She argued the disaster highlighted the need to reduce production of industrial plastic and better regulate all stages of the plastic life cycle. She added residents still do not have the resources needed to stay safe.

"We are also in desperate need of residential indoor and outdoor air monitoring and air assessments for our homes," Conard contended. "There are residents within the past month that have reported detections of vinyl chloride outside of their home."

Norfolk Southern recently agreed to a $600 million settlement in an attempt to resolve a string of lawsuits involving thousands of people.

If it gets approval from all parties, it would resolve all class-action claims by people and businesses who were within a 20-mile radius of the derailment site, and personal injury claims within 10 miles. In a statement on the company's website, the company stressed the settlement does not constitute any admission of liability, wrongdoing or fault.

Conard pointed out the settlement will not prevent another train-related environmental disaster from happening. She noted the amount of money in the proposed settlement will hardly leave a dent in the pockets of a company whose profits topped $8 billion last year.

"If the court accepts this settlement, it sets the precedent that there is a corporate price tag for poisoning communities," Conard asserted. "The court must uphold justice for the people."

Congress has stalled on passage of legislation to boost regulations around inspections and fines for railroad companies violating safety standards. Earlier this month, the Biden administration passed a new rule requiring freight operators to have at least two people on board, in an attempt to increase safety.