An Injunction Against the Truth
by Walter Brasch
Monday morning, Oct. 21, 2013. Vera Scroggins, a retired real estate agent and nurse’s aide, was in Common Pleas Court for Susquehanna County, Pa., to explain why a temporary injunction should not be issued against her.
Before her were four lawyers and several employees of Cabot Gas and Oil, who accused her of trespassing and causing irreparable harm to the company that had almost $1 billion in revenue in 2012. They didn’t want her on their property they owned or leased in the Marcellus Shale.
Scroggins is an anti-fracking activist, someone who not only knows what is happening in the gas fields of northeastern Pennsylvania, but willingly devotes much of her day to helping others to see and understand the damage fracking causes. Since 2010, she had led visitors, government officials, and journalists on tours of the gas fields, to rigs and well pads, pipelines, compressor stations, and roads damaged by the heavy volume of truck traffic necessary to build and support the wells. As part of her tours, she introduces the visitors to those affected by fracking, to the people of northeast Pennsylvania who have seen their air and water polluted, their health impacted. The visitors come from New York, which has a moratorium on fracking; from Pennsylvania, which doesn’t; from surrounding states and from foreign countries, who want to see what fracking is, and what it does.
And now in a court room in Montrose, she was accused of trespassing and forced to defend herself.
She asked Judge Kenneth W. Seamans for a continuance. She explained she only received by mail the papers the previous Thursday and was told she had 20 days to respond. She explained on Friday a sheriff’s deputy came to her house with copies of the same papers that ordered her to court three days later. She explained she had tried to secure an attorney, but was unable to do so over the weekend.
Judge Seamans told her he wouldn’t grant a continuance because she didn’t give the court 24 hours notice. “He said that to grant a continuance would inconvenience three of the lawyers who had come from Pittsburgh, and I might have to pay their fees if the hearing was delayed,” says Scroggins.
In four hours, Cabot called several witnesses—employees, security personnel, and subcontractors—to testify they saw her trespassing. They claimed her presence presented safety risks. “What we’ve seen is an increase in frequency and also the number of visitors she is putting in harm’s way,” Cabot’s George Stark had told Staci Wilson of the Susquehanna County Independent.
In her defense, Scroggins called three friends who had accompanied her to court. They testified she was always polite and never posed a safety risk. She says when she went onto a Cabot location, she always reported to the security or field office, and never received any written warnings or demands in the two years she was at the sites. “When I was asked to leave, I left,” she says.
Cabot personnel replied she was never a visitor, even though she frequently had amicable chats with on-site managers since 2009. They claim she was on company-owned access roads; she replied she primarily used public roads and the times her car or a chartered bus might have been on access roads they never blocked them—unlike gas industry vehicles that often keep drivers bottled up in traffic jams or set times when residents can’t use public roads, even leading to their own homes, because of heavy frack-truck traffic.
“I was blocked after going on sites and access roads several times since 2009, and kept up to an hour,” says Sroggins, “but then allowed to leave.” No police were called, she says. “If I’m trespassing, then charge me,” she remembers saying. Cabot had never charged her, nor sent her any written demands to cease her visits.
For Cabot personnel, it had to be frustrating to have to deal with what they may have thought was a nosy pest who kept showing up at their work sites, possibly endangering herself, her own guests, and the workers. For Scroggins, she was there, explaining drilling to many who had never seen a rig or well pad, videotaping what was the truth about Cabot’s operations and fracking in the Marcellus Shale.
In court, she tried several times to explain that she had documented health and safety violations at Cabot sites, many of which led to fines and citations. She tried to explain that she has put hundreds of videotapes online or at YouTube to show the damage the company, and other companies, are doing to the people. Every time she tried to present the evidence, a Cabot lawyer objected, and the judge struck the testimony from the record.
However, when Judge Seamans asked her if she wished to take the stand to testify, stated she could be charged under criminal law and advised her she had the right to not speak and possibly incriminate herself—“I stopped talking.”
That afternoon, Judge Seamans granted Cabot its preliminary injunction.
The injunction forbids her from going onto any Cabot property. It forbids her to go onto any property where Cabot has a mineral lease, even if the owner of the surface rights grants her permission. That restriction may violate the rights of the owner who retains surface rights. About 40 percent of Susquehanna County is under lease to the gas and oil companies.
“I have a lot of friends who have leased mineral rights,” says Scroggins, “this means I can’t even go to their homes if invited.” She also can’t go to the recycling center—Susquehanna County leased 12.2 acres of mineral rights to Cabot.
There may be one advantage, however. If Scroggins is ever arrested, she won’t be able to go to the Susquehanna County jail. The jail is also on those 12.2 leased acres.
[Dr. Brasch’s latest book is Fracking Pennsylvania, an overview of the economics, health, and environmental impacts of fracking.]
Photo from jintae kim licensed under Creative Commons