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The case for a Maryland fracking ban

Next week, on Feb. 28, the Health, Education and Environmental Affairs Committee in the Maryland Senate will take up legislation dealing with shale gas drilling (fracking). For public safety, economic and environmental reasons, we believe the technology should not be allowed in Maryland.

Nearly three out of four senators have indicated a willingness to extend the current fracking moratorium, set to expire in October. This suggests they recognize that gas drilling will not be the economic bonanza that supporters have claimed since 2011, when the mountains above Marcellus Shale deposits in Western Maryland were first targeted.

Two bills are pending. One bans fracking altogether, while the other extends the moratorium for two years — though it departs from the current moratorium by permitting fracking in counties that approve it by referendum. On the ban bill, 23 of the Senate’s 33 Democrats are co-sponsors; the moratorium bill has 24 co-sponsors, including several Republicans.

In the House of Delegates, leadership declared long ago that a frack-free Maryland was its preference. A ban bill is advancing, and there is no moratorium bill. After committee hearings, legislation may go to the floor of each chamber for further debate. If the House and Senate don’t pass the same bill, some sort of compromise is required before any legislation can be approved and sent to the governor for his consideration.

About three-fourths of Marylanders already live in a place where local elected officials have created anti-fracking laws or resolutions. But fracking is regulated by the state. So, for those who’ve worked for six legislative sessions on the issue, the “heavy lift” is in the Maryland Senate.

Unlike neighboring Pennsylvania and West Virginia, Maryland did not rush into fracking. Successive administrations studied the technology, then overhauled outdated regulations. Meanwhile, energy prices continued to fall. The industry allowed nearly all of its original sub-surface mineral leases purchased last decade to lapse.

Furthermore, Maryland lacks the large-scale deposits, pipeline and processing infrastructure, and interest from industry (in the form of leased mineral rights) needed to make large-scale fracking financially feasible today. Yet we can’t rule out a change of circumstances that drives up fossil fuel prices — setting set off a new round of leasing that leads to fracking in years ahead.

Meanwhile, mounting problems elsewhere show the technology cannot be effectively regulated. In Pennsylvania recently, investigators from Public Herald, an investigative journalism nonprofit, dug up previously undisclosed citizen complaints about water contamination from fracking. Their work took years. Far from regulators’ 280-odd citations against industry, Public Herald found some 4,100 complaint filings — all told, one official complaint for nearly every well drilled. There’s more. It appears that the vast majority were never investigated. Then unresolved original complaints were shredded. Hundreds of state law violations were documented, and Flint, Mich.-style government criminality is a possibility.

In recent weeks in Western Maryland, many residents were infuriated by the Senate president’s public remarks that “there are no jobs whatsoever” in that part of the state. In fact, the unemployment rate in Western Maryland in 2016 was almost identical to the state average, and lower than some counties. Long gone are the days that Mountain Maryland depended overly on extractive energy and assembly line work.

Tourism and vacation real estate provide about half of all jobs and two-thirds of Garrett County’s tax base. Some of the highest-value rural real estate in the eastern United States lines the shores of Deep Creek Lake — second only to Ocean City as a vacation destination for Marylanders. Generations have visited and created the magical memories that many families cherish forever.

To state the obvious, nowhere in the world do fracking and world-class tourism mix. That’s why in Florida right now, with Republicans in charge, the legislature is considering a fracking ban. Florida’s economy is Deep Creek’s, writ large.

Additionally, fracking is “anti-business”: While a few short-term jobs may be created, most Western Marylanders — like others in a state where the solar industry grew 40 percent in 2015 — prefer small-business ownership, with sustainable economic investments in tourism, agriculture and green energy.

Mountainside solar installations are burgeoning. Indeed, Western Marylanders want the same future as the rest of the state. Most polls show that a strong majority of Garrett and Allegany county residents want the fracking ban that Marylanders as a whole support.

Is this another “jobs versus environment” debate? Not at all. Nationally, less than 10 percent of jobs on a well-pad are unionized. Along with embalmers and theater projectionists, zero petroleum engineers belong to unions.

The Laborers International Union recently came out in support of fracking and staged a rally in Annapolis. In a union with a proud tradition of training workers in emerging industries, wouldn’t organizing solar-industry installers sustain and grow its membership?

Finally, there’s the matter of fracking’s effect on global climate change. Farmers statewide are already feeling the effects of erratic precipitation, unpredictable freezes and bigger storms. This year, the annual “Winterfest” festival in Oakland, Md. (the state’s “snowiest” town) was postponed due to spring-like weather.

Scientists agree that fossil fuel combustion is driving planetary warming. And new scientific analysis confirms that fracked gas is nearly as bad as coal for the atmosphere. That’s because, before it is burned at distant power plants or on your stovetop, natural gas (mostly methane) is constantly leaking from wellheads, pipelines and compressor stations. Estimates of leakage vary from about 2 percent of production to more than 10 percent. Overall, carbon dioxide is a more potent greenhouse gas, but in the short-term — measured in 20-year periods —methane is orders of magnitude more detrimental. So the life-cycle warming impact of gas rivals coal. To save our climate, we have to steadily move off of gas, not increase its use through reckless fracking.

For Maryland’s economy, health and environment, we need to ban fracking once and for all. This drilling method will never be safe. We have all of the data we need on that. Now we just need the political will of our leaders in Annapolis to finally do the right thing.

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Jay Ferguson

Who I Am My name is Jay Ferguson, and I am a lifelong resident of the Deep Creek Lake area. I am also co-owner of the real estate side of Taylor Made. I have been in the real estate business for 21+ years now and I LOVE what I do! I have to say, my career really took off when I co-founded the real estate side of Taylor Made in 2014. Its been an amazing experience, building a real estate company from the ground up and achieving so much so quickly! In August 2016, we purchased Long & Foster Real Estate Deep Creek, where I had started my career in 2000. In 2018, we on-boarded virtually every agent from Coldwell Banker Deep Creek Realty as they closed up shop and the real estate family grew even more! We now have over 40 sales agents and have expanded to West Virginia and Pennsylvania, as well. Taylor Made is the #1 vacation rental company at Deep Creek with over 475 vacation rental homes, and over one hundred thousand yearly visitors. Its amazing what we have accomplished using the principles of honesty, teamwork and customer service! Personally, my wife Jessica and I enjoy traveling and especially spending time in the outdoors, hiking and exploring the many diverse areas that Garrett County is naturally blessed with. We have raised two wonderful children here, Kayleah (22) and Noah (13). In the summer, we love spending time on the water with friends & family and enjoying the lake life! We are both active in our church, our community & local school activities, and we fill our schedule with plenty of volunteer efforts. I currently serve on the board of directors for Habitat for Humanity. I am proud to say that I was named Deep Creek Time’s Favorite ‘Community Champion’ in 2019. I was also named Garrett County Realtor of the Year in 2018-19, as well. I really enjoy promoting my hometown. I am very proud of the resort area that has developed over my lifetime and look forward to growing the area even more! Deep Creek Lake has been described as ‘The Lake Tahoe of the east', and I think that speaks volumes about the potential to own property here! Deep Creek Lake isn't really a town or city by itself; it's comprised of three towns: Oakland, Swanton & McHenry, Maryland. I am very passionate about my hometown and am impressed with how many people know about it as we travel around the country. Deep Creek Lake is an amazing place to visit and even better place to live! During the pandemic in 2020, our market exploded and more and more people left their primary residence in the city to live here permanently. With distance learning in schools and tele-commuting becoming the ‘norm’, many more people were drawn to the area to ‘live where they love to play’. Why You Want Me Working for You: In addition to being an owner, I am consistently one of the top-producing agents in the entire area and the Associate Broker of record for Taylor-Made Deep Creek Vacations & Sales. I have 21+ years of experience and I am a problem solver. There aren’t many situations that I have not encountered and I have a strategy for almost every scenario that you may encounter. I have extensively trained in all areas of real estate & emerging technologies, and also have trained as an appraiser, as well as served as a full-time Broker. I have a strong knowledge of the industry, as well as many trusted local contacts & affiliations that allow me to perform at a very high level and deliver results. I have a great deal of respect for my peers in this industry and have strong working relationships that I would love to put to work for you. Call me to discuss your situation - I know I can be of great service to you & others you care about! Honesty. Integrity. Results.