FOR FULL INFO ON GAS & OIL INDUSTRY ISSUES THAT WILL AFFECT YOU, see IntegrityAndAccountability.org
Idaho Senate Bill 1339
Passed into law March 2016
A REMOVAL OF DUE PROCESS AND THE RIGHT OF DISCOVERY IN FAVOR OF EXPEDITING FORCED POOLING APPLICATIONS FOR THE OIL & GAS INDUSTRY
–WHO CAN BE AFFECTED BY S1339?
ALL Idaho residents, especially those in the Snake River Plain from Western Idaho to Eastern Idaho. Land has already been leased by industry throughout the Treasure Valley to Eastern Idaho (including 130 miles of river)… and more is planned.
This bill was precedent-setting in the removal of due process and the right of legal ‘discovery’, a further erosion of property rights, and in not allowing an organization to have standing to defend property owners who are being forced to have oil & gas drilling, including fracking, under or adjacent to their homes.
–HOW DID WE GET HERE?
Idahoans have been kept in the dark about this dangerous industry and the fact that various companies have quietly moved in and set up shop in our communities with help from many of our public officials – some of whom have personal investments in oil & gas. The word is only getting out through the efforts of CAIA members and other citizens.
–WHAT CAN I DO?
- Read about this overreaching bill below.
- Tell your family, friends, neighbors, co-workers what has been done by our lawmakers.
- Ensure that your representatives know if you are upset with their decisions.
- Let candidates for office know what your priorities are.
- Donate to CAIA, here.
Idaho Senate Bill 1339
S1339 passed the Senate and the House as an ‘EMERGENCY‘ bill and was signed into law by our governor at the end of the 2016 session. Citizens Allied for Integrity and Accountability met with State Officials to educate them of the perils of S1339. We delivered over 1600 signatures on petitions protesting the bill – but most of our lawmakers were not concerned about the unfairness and unconstitutionality of this law.
S1339 ELIMINATES ‘DISCOVERY’. Discovery is the legal process that allows you to build your case by asking for any documents/data that industry will be using to try to force-pool you.
S1339 MAKES FORCED POOLING APPLICATIONS A ‘RUBBER STAMPED’ PROCESS by one appointed man, the Director of the Idaho Department of Lands (IDL). It shortens application response deadlines, making it extremely difficult to consult with an attorney and respond before the deadline.
S1339 STATES THAT IDL MUST ACCEPT INCOMPLETE APPLICATIONS – yet it will make most of the information on the forced pooling (‘integration’) application ‘confidential’ and ‘proprietary’ or secret from you, so you can’t even verify that the company has followed the rules. (Nor do we see how IDL could have sufficient time to do that.)
S1339 DISALLOWS YOUR BEING REPRESENTED BY AN ORGANIZATION YOU ARE A MEMBER OF. Organizations like Citizens Allied for Integrity and Accountability (C.A.I.A.) will not be able to represent their members in forced pooling (or any other O&G) applications.
S1339 DOES NOT GIVE YOU ADEQUATE TIME TO CONTACT YOUR MORTGAGE COMPANY before you are force-pooled – which can result in being in technical default of your home mortgage.
Below is the list of how it was voted on in the Senate and House.
AYES — Anthon, Bair, Bayer, Brackett, Davis, Den Hartog, Guthrie, Hagedorn, Harris, Heider, Hill, Johnson, Keough, Lacey, Lakey, Lee, Lodge, Martin, McKenzie, Mortimer, Nonini, Nuxoll, Patrick, Rice, Schmidt, Siddoway, Souza, Thayn, Vick, Ward-Engelking, Winder
NAYS — Buckner-Webb, Burgoyne, Jordan, Stennett
Absent and excused — None
Floor Sponsor – Siddoway
AYES — Anderst, Andrus, Barbieri, Bateman, Batt, Bell, Beyeler, Boyle, Burtenshaw, Chaney, Cheatham, Clow, Collins, Crane, Dayley, Dixon, Gestrin, Gibbs, Harris, Hartgen, Hixon, Holtzclaw, Horman, Kauffman, Kerby, Loertscher, Malek(Chadderdon), McDonald, McMillan, Mendive, Miller, Monks, Nate, Nye, Packer, Palmer, Perry, Raybould, Redman, Romrell, Scott, Sims, Thompson, Troy, Trujillo, VanOrden, Vander Woude, Wood, Youngblood, Mr. Speaker
NAYS — Anderson, Chew, DeMordaunt, Erpelding, Gannon, Jordan, King, Kloc, Luker, McCrostie, Moyle, Nielsen, Pence, Rubel, Rudolph, Rusche, Smith, Wills, Wintrow
Absent — Shepherd
Floor Sponsor – Boyle
This law is a slap in the face to homeowners and landowners who will not be protected from the consequences of gas & oil development in their neighborhoods.
‘DontFrackIdaho’ is a project of C.A.I.A. – Citizens Allied for Integrity and Accountability, based in southern Idaho.
On this site you will find posts related to Oil & Gas Industry doings that affect us in the state of Idaho: State legislative actions (or inactions), county and city issues, and industry realities in other places that show us how these local activities tie into what has happened, and is happening, elsewhere.
C.A.I.A. is committed to disseminating the truth about gas & oil drilling and how it actually affects people and communities where it comes into play.
If you’re interested in delving further into the ins and outs of the petroleum industry’s energy extraction pursuits, see C.A.I.A.’s website IntegrityAndAccountability.org
You may also be interested in C.A.I.A.’s Facebook page, which features G&O-related news from around the country.
We invite you to join with us in expanding awareness of the harms of drilling and fracking and related infrastructure – to personal and public health and safety, to property rights and values, and to our precious water, soil, and air.
If you know what it’s like for people and communities in ripe oil & gas states, you too will say…
DON’T FRACK IDAHO!
dont frack ida
dont frack idaho