Another pipeline, another tree-clearing project
Editor's note: North Harford Maple of Harford,Pa., and the Energy Justice Network have joined forces to stop tree clearing at a maple syrup farm to make way for the Constitution Pipeline. Alex Lotoro of Milford, shale gas program coordinator with the Energy Justice Network, led the network's unsuccessful effort to stop tree clearing in Pike County for the Tennessee Gas Pipeline Northeast Upgrade and continues to fight the expansion of the natural gas compressor in Milford. On Feb. 4 North Harford Maple and Energy Justice Network sent the Courier the following press release about the protest at the maple farm:
Cabot Oil & Gas and Williams Partners LLC are in a sticky situation after the Texas-based companies threatened to destroy a maple syrup operation in New Milford Township.
On Friday, tree-felling along the 124-mile Constitution Pipeline, a joint project of Cabot and Williams, began five miles away. Catherine and Megan Holleran, whose family maple syrup business is thriving in the warm weather, were told that this week the company would begin felling a large stand of actively producing maple trees, known as a “sugarbush." The Hollerans and their supporters have launched legal action and have vowed to prevent pipeline crews from destroying trees and equipment.
North Harford Maple is a family business owned by Cathy Holleran that produces maple sap and syrup utilizing their sugarbush, which includes 1,670 linear feet of the proposed 125-foot wide right of way. The Constitution Pipeline would transport shale gas obtained through the controversial process of hydraulic fracturing, or “fracking”, from wells drilled throughout northeast Pennsylvania.
Megan Holleran, a field technician for North Harford Maple, said, “This is our land and family business. The pipeline has been years in permitting and we just staged our equipment to set up for this year’s syrup production. If they cut the trees now they would destroy our equipment and that’s criminal. That’s property destruction. We asked them to negotiate with our attorney before cutting and that hasn’t happened yet. I’m ready to stop them by standing in the right of way if they try.”
In February 2015, federal judge Malachy Mannion in Scranton ordered that the Holleran property and several others in Susquehanna County be condemned using eminent domain for the private use of Constitution Pipeline Company. No construction activities proceeded after that, as state and federal agencies extend their reviews of archaeology, impacts on endangered species, and wetlands.
In a cease and desist letter served on the companies by the Holleran family last Friday, Catherine Holleran wrote, “We assert our [Fifth Amendment] rights, enshrined in the U.S. Constitution, that we must receive compensation before eminent domain condemnation. As compensation hearings have yet to be held, we find any action to develop our property to be unconstitutional. We hope that your client will proceed with good faith negotiations with our counsel prior to any tree cutting, especially given their affinity for the name ‘Constitution Pipeline’.”
A partial Notice to Proceed with non-mechanized tree cutting was issued by the Federal Energy Regulatory Commission on Friday, January 29th for the Pennsylvania portion of the Constitution Pipeline. Tree felling is proceeding within a mile of the Holleran property, but crews have been deterred by the presence of supporters from cutting there. According to the deadline set by FERC, felling must be completed by March 31.
The Constitution Pipeline is a project of Williams Pipeline Companies and Cabot Oil & Gas to be used to transport shale gas obtained through the controversial process of hydraulic fracturing, or “fracking.” The right of way would be at least 100-foot-wide, with additional intermittent 50-foot-wide workspaces and access roads.charges, which we will pursue.
Therefore, we ask Constitution to cease and desist from the cutting of the trees in the corridor through our woods until an amicable resolution can be reached through our counsel Michael Faherty Esq., with whom you are in communication.
We formally request that we be able to utilize our sugarbush this season, especially since we lost the use of these trees last season due to the threat of our woods being destroyed. Since we are one of the few parcels that has NOT given any signed approval for your intrusion, and the only access is due to the eminent domain process and without our permission, we ask that Constitution refrain at this time from beginning the cutting on this parcel, which will result in the destruction and loss of countless mature maple trees vital to our sap yield and maple syrup production.
Most importantly, we assert our Fifth Amendment rights, enshrined in the U.S. Constitution, that we must receive compensation before eminent domain condemnation. As compensation hearings have yet to be held, we find any action to develop our property to be unconstitutional. We hope that your client will proceed with good faith negotiations with our counsel prior to any tree cutting, especially given their affinity for the name “Constitution Pipeline.”