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Jan. 13, 2011
The Mayor and Town Council of Mountain Lake Park introduced at its January meeting held last Thursday an ordinance that will make it illegal for the drilling of natural gas within the town limits.
Ordinance No. 2011-01, titled Mountain Lake Park’s Community Protection from Natural Gas Extraction Ordinance, “establishes a Bill of Rights for Mountain Lake Park residents and removes legal powers from gas extraction corporations within the town.”
At the heart of the ordinance is the following statement of law: “It shall be unlawful for any corporation to engage in the extraction of natural gas within the Town of Mountain Lake Park, with the exception of gas wells installed and operating at the time of enactment of this ordinance.”
The bill also recognizes the right of the people to “a form of governance where they live which recognizes that all power is inherent in the people, that all free governments are founded on the people’s authority and consent, and that corporate entities and their directors and managers shall not enjoy special privileges or powers under the law which make community majorities subordinate to them.”
When asked why this measure is being taken, Mayor Leo Martin said, “Our primary duty is to protect the health and welfare of the town, and especially to protect our water.”
Among the complaints and fears about the drilling for natural gas in the Marcellus shale is the potential contamination of water supplies by the highly toxic chemicals used in the drilling procedure known as fracking, which is used to free the gas that is contained within the shale and thus make it harvestable.
The Bill of Rights section of the ordinance asserts legal protections for the right to water; the rights of natural communities; the right to local self-government; and the right of the people to enforce and protect these rights through their municipal government.
A public hearing on the ordinance is scheduled for February 3, and a vote on passage is scheduled for March 3.
According to Mayor Martin, the bill was modeled after the ordinance adopted on November 16 of last year by the City of Pittsburgh, and drafted by the Community Environmental Legal Defense Fund, which is based in Chambersburg, Pa..
“If Pittsburgh can do it, we can do it,” Martin said, adding that he believes other Maryland municipalities should take a similar stand.
