Oil and Gas at Your Door? (2005 Edition) - Earthworks

ALTERNATIVE TECHNOLOGIES AND PRACTICES
1. Effective monitoring of coalbed methane development and active enforcement of existing
laws to protect private property rights, Montana citizens, and Montana’s natural
resources.
2. Surface owner consent, surface use agreements and reimbursement of attorney fees to
help landowners better protect their property rights.
3. Use of aquifer recharge, clustered development, mufflers for compressor stations, and
other low-impact, best-available technologies to minimize impacts on underground water
reserves, rivers and streams, and surface resources.
4. Collection of thorough fish, wildlife, and plant inventories before development proceeds to
protect habitat, followed by phased-in development to diffuse impacts over time.
5. Meaningful public involvement in the decision-making process.
6. Complete reclamation of all disturbed areas and bonding that protects Montana taxpayers
from all cleanup liability costs.
The template can be used in other states, and can be applied to conventional oil and gas development.
For more information on Northern Plains Resource Council and how to obtain the complete
Doing It Right report, see Chapter V.
What will make companies use alternative technologies and practices?
In Chapter II you will learn that even though mineral owners and companies that lease mineral
rights have the right to enter and use a surface owner’s property to develop oil and gas, surface
owners are not without rights. The use of “best management practices” is required in
numerous states. 327 Courts have found that mineral owners may not cause unreasonable damage
to the surface estate if there are reasonable alternative methods available to develop the
minerals in a way that does not cause the damage. 328 Consequently, it is useful for surface
owners to be aware of some of the alternative technologies and practices that are available.
In many cases, these alternatives are already being used by some companies, so they may be
considered reasonable alternatives.
Read the Landowner story “Bellflower Well” in Chapter IV for an example of how surface owners
in Colorado managed to decrease the impact of a coalbed methane well on their lives by pressuring
a company to use alternative practices. As the story illustrates, however, often it is not
enough to simply ask companies to use alternative technologies. Typically, landowners have
to diligently fight for the things that are important to them (e.g., a pollution-free, quiet, safe
environment).
Where can I find information on alternative technologies and practices?
Ultimately, surface owners will have to do some of their own research to find out about
alternatives. Fortunately, there are a variety of resources available. For example, numerous
organizations and government offices have developed “best management practices”
for the oil and gas industry. For example, the state of Pennsylvania has developed best
management practices for the development of well locations because of the hilly nature
of the state and the desire to control erosion and sedimentation. 329
Many industry web sites highlight “state-of-the-art” technologies. Industry groups and governments
often provide awards to companies for implementing innovative technologies
FIGURE I-35. BURIED TANK
and practices. While many of these awards are simply pats on the back, it may be useful
to look at some of them. You may be surprised to find that a company you have been dealing
with has developed and used better technologies in other jurisdictions. If this is the case,
you can try to pressure companies to apply their technologies across the board.
It is also useful to look at technologies used by companies that are active within city limits.
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