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Story of the Jessica Ernst lawsuit versus Encana, Alberta Energy Regulator (AER, previously ERCB) and Alberta government (Environment, now Sustainable Resource Development), the fresh water regulator and oil and gas and frac industry and regulator science proving how seriously a problem tap water and groundwater contamination by the industry is. In the first year that Jessica went public with her evidence of Encana fracturing the Rosebud drinking water aquifers, repeatedly, the Alberta regulators lied to the public and insisted there had never been a case of any water contamination of any kind in Alberta by the oil and gas industry.
Citation preview
In Bad Faith These people will get
nowhere
Jessica Ernst on her experience with the Alberta Government and Energy Regulators
No Drilling Lethbridge . March 25, 2014
Energy Resources Conservation Board (ERCB)
govt changed to
Energy Utilities Board (EUB)
after breaking the law & spying on Albertans govt changed to
Energy Resources Conservation Board
after my lawsuit goes public, govt changed to
NEW: Immunity from omissions
Alberta Environmental Protectionbecame
Alberta Environmentbecame
Alberta Environment and Waterbecame
Alberta Environment and Sustainable Resource Development
became
Alberta Energy Regulator
NEW: Immunity from lawsuits
What is fracing?
Fracing is the process of stimulating a well by injecting fluids (liquid or gas) at high rates & pressure into perforated zone(s) to shatter formations to make oil and gas flow
It creates new and enlarges existing fractures
In my community, shales, sands and coals are being fracd
Wells are horizontal deviated or vertical
deep, shallow and ultra shallow
CBM = Coalbed Methane
Alberta Research Council
meeting the priorities of industry
March 24, 1985Fairfax Department Store Explosion
Conclusions of Blast Task Force:
The gas was biogenicshallow, made by bacteria
pressurized by rising water table in fresh-water aquifer under the Ross Store
Dyck & Dunn (published 1986)
In 1976 surveyed 939 water wells & springs
Saskatchewan, Canada
Methane concentrations highest where petroleum industry drill hole density increased
88% of samples no detectable methane
More than 95% had
Historic Data on some Rosebud water wells
Gas Present: Yes or No?
1977 Paterson well: No
1986 Ernst (Feckly) well: No
1987 County well, near Ernst: No
Water Well Drilling Report The data contained in this report is supplied by the Driller. The province disclaims responsibility
for its accuracy.
Well I.D.: 0123548Map Verified: MapDate Report Received: 1986/05/14
Measurements: Imperial
1. Contractor & Well Owner InformationCompany Name: Drilling Company Approval No.:UNKNOWN DRILLER 99999 Mailing Address: City or Town: Postal Code:UNKNOWN UNKNOWN AB CA WellOwner's Name: Well Location Identifier:FECKLEY, F.L. P.O. Box Number: Mailing Address: Postal Code:723 ROSEBUD T0J 2T0 City: Province: Country:
2. Well Location1/4 or LSD
Sec Twp Rge Westof M
SE 13 027 22 4Location in Quarter
0 FT from Boundary0 FT from Boundary
Lot Block Plan
Well Elev: How Obtain:FT Not Obtain6. Well YieldTest Date(yyyy/mm/dd):
Start Time:
Test Method: Non pumping static level:
FT
Rate of water removal:
Gallons/Min
Depth of pump intake:
FT
Water level at end of pumping:
FT
Distance from top of casing to ground level:
Inches
Depth To water level (feet) Elapsed Time
Drawdown Minutes:Sec Recovery
Total Drawdown: FTIf water removal was less than 2 hr duration, reason why: Recommended pumping rate: Gallons/MinRecommended pump intake: FTType pump installedPump type: Pump model: H.P.: Any further pumptest information?
3. Drilling InformationType of Work: ChemistryReclaimed WellDate Reclaimed: Materials Used: Method of Drilling: DrilledFlowing Well: Rate: GallonsGas Present: No Oil Present: No
Proposed well use: Domestic Anticipated Water Requirements/day0 Gallons
4. Formation LogDepth from ground level (feet)
Lithology Description
5. Well CompletionDate Started(yyyy/mm/dd): Date Completed(yyyy/mm/dd):
Well Depth: 190 FT Borehole Diameter: 0 InchesCasing Type: Liner Type: Size OD: 0 Inches Size OD: 0 InchesWall Thickness: 0 Inches Wall Thickness: 0 Inches
Bottom at: 0 FT Top: 0 FT Bottom: 0 FT
Perforations Perforations Size: from: 0 FT to: 0 FT 0 Inches x 0 Inchesfrom: 0 FT to: 0 FT 0 Inches x 0 Inchesfrom: 0 FT to: 0 FT 0 Inches x 0 InchesPerforated by: Seal: from: 0 FT to: 0 FTSeal: from: 0 FT to: 0 FTSeal: from: 0 FT to: 0 FTScreen Type: Screen ID: 0 Inchesfrom: 0 FT to: 0 FT Slot Size: 0 InchesScreen Type: Screen ID: 0 Inchesfrom: 0 FT to: 0 FT Slot Size: 0 InchesScreen Installation Method: FittingsTop: Bottom: Pack: Grain Size: Amount: Geophysical Log Taken: Retained on Files: Additional Test and/or Pump DataChemistries taken By Driller: NoHeld: 1 Documents Held: 1Pitless Adapter Type: Drop Pipe Type: Length: Diameter: Comments:
7. Contractor Certification Driller's Name: UNKNOWN DRILLER Certification No.: This well was constructed in accordance with the Water Well regulation of the Alberta Environmental Protection & Enhancement Act. All information in this report is true.Signature Yr Mo Day
Report 1
jessica ernstHighlight
jessica ernstHighlight
jessica ernstHighlight
jessica ernstHighlight
~ 2300 historic water well records 50 km2 around my home completed prior to the
arrival of shallow fracd Coalbed Methane (~2001)
4 (0.17%) noted the presence of a gas that could be methane
EPA, 1987
Documented case of
hydraulic fracturing by Kaiser
contaminating well water(Kaiser plans to frac Calgary, Alberta!)
Reportedly 100s of other cases sealed by confidentiality agreements
Husky, 1993
Industry Gas Migration ResearchStudy in Alberta & Saskatchewan
Big problem
Expensive to fix
Difficult to completely stop
Husky defines gas migration:
The leakage of gas from outside the production and/or surface casing of oil and gas wellbores.
.in the Lloydminster area the source of the gas and its path to
surface are rarely clear.
Husky Report
1993:
46% energy wells tested
had gas migration
Chafin, 1994:US Geological Survey
Did not find substantial vertical migration of methane by natural processes
gas-well annuli are more important than natural fractures for the upward migration
of gas
CAPP Gas Migration Study
(Final Report 1995)
~24,000 historic Alberta water well records were reviewed by the regulator
17 (0.07%) reported gas present before
oil & gas development (1935-53)
41 (0.17%) reported gas present after (1960-95)
CAPP study of methane in water wells on Alberta side
provides useful data on dissolved methane in groundwater as used in the
region
Methane detected in 20/23 water wells
most < 0.05 mg/l
2 highest were slightly > 1 mg/l
I bought my place at Rosebud in 1998
2000, Hamilton & Meehan on the 1985 Fairfax Explosion Task Force
Imaginative
Troublesome legal issues eliminated
Unscientific happily blameless ending
the implication being that the methane hazard could exist virtually anywhere, so no human agency was
at fault for its workings.
January 2001Hutchinson, Kansas
Four days after the explosion, Hutchinson
Trican Well Service & Husky Energy, 2002
The percentage of leaking energy wells
ranged from
12% to 80%
The Canadian Council of Ministers of the Environment 2002 report:
Unconventional natural gas drilling poses areal threat to groundwater
quality & quantity
Canada needs baseline hydrogeologicalinvestigations.to be able to recognize and
track groundwater contaminants.
Experimental, Risky Shallow Hydraulic Fracturing at Rosebud (~6 mi around my well):
Gas wells completed above Base of Groundwater Protection
in secret
2001: 32002: 62003: 172004: 402005: 94
2003 Fracd Life begins
With Noise
EnCana continues to violate my legal right to quiet enjoyment of my home & land
2003: Test by EnCana on my wellWater appearance: Clear
Tester did not report visible gas in my water
2003
Natural methane release from coal formations in Alberta is rare because
reservoirs are "tight"
Maurice Dusseault, 2003
Leaking methane gas from 1000s of resource wells posed
massive environmental problems
Escaping methane
changes the water, and generates aquifer problems.
2003 EnCana landman lie to meThere would never be any hydraulic fracturing at
Rosebud because of the coulee outcropping - all the gas released long ago.
Coleman, 2004 (and others over the years)
Investigations on Hutchinson Kansas 2001 explosions (killed 2 people): industrys leaking
gas had migrated almost 7 miles
October 2004, Ghillingar & Endres on the 1985 Fairfax Explosion:
Corrosion & leaks in the well casing
Industrys leaking gas
caused the explosion
Not bacteria!
Not water table rising!
M38268.500313`
Owner: EnCana Corporation [unknown], AB
*** 83 - Surveyed (other) {Ground ; AMSL}
Depth(BGL)
Elevation(AMSL) Lithology Descriptions (1)
405.5 [unknown]463.0
General Details
Easting (m):Northing (m):
* TGWC calculated or determined value.
This
repo
rt w
as g
ener
ated
on:
Nov
11,
200
8
Dat
a "A
S IS
"; n
o w
arra
nty
eith
er e
xpre
ssed
or i
mpl
ied.
TG
WC
Liner: [unknown] 114.3 mm (O.D.) x 2.00 mm (thick)
Completion Interval (m): 121.5 219.0 *
*******
84/83
Completion Details
Intervals
Chemistry Summary Details (mg/L)
General Comments / Observations
Lithology Details
05-14-027-22 W4M
(Liner Bottom at: 463.0 m
Observations (water): Colour: ; Odor: ; Quality:
METRIC REPORT
(most recent first)
-- Completion Interval(s) --Slotted: 121.5 to 122.5 m - 2 - Method: OtherSlotted: 127.7 to 130.0 m - 2 - Method: OtherSlotted: 137.4 to 138.4 m - 2 - Method: OtherSlotted: 173.1 to 174.1 m - 2 - Method: OtherSlotted: 182.1 to 183.1 m - 2 - Method: OtherSlotted: 216.1 to 219.0 m - 2 - Method: Other
Depth Completed (m): 219.0Depth Drilled (m): 463.0
Flowing: No
Alias IDs
Contractor: [unknown saskatchewan contractor]
Work Type: Gas WellDrilling Method: DrilledProposed Use: IndustrialCompletion Type: Casing/Perforated Liner
Well Name: ECA ECOG HUSSAR 5-14-27-22
** 84 - Surveyed (other) 10TM NAD83
HC well added to be included in a x-sec for 04-510. Perforations are representative of coal layers. Perforations performed with nitrogen gas. Objective of perforations was to obtain coal bed methane gas production.
M38268.500313
Date Started: Oct 13, 2003Date Completed: Oct 13, 2003
Elevation (m): 868.5
Elog Taken: NoGamma Taken: No
Oil Present: No Gas Present: No
139,0035,683,326
Surface Casing: [unknown] 177.8 mm (O.D.) x 2.00 mm (thick) x 81.00 m (bottom)
Z466868W
Aquifer Tests
Google Earth
Shallow Operations IssuesJim Reid, ERCB Manager
May 12, 2004
shallow operations can be
high risk
will not disclose what chemicals were injected
Summer 2004 Water wells start to go bad
EnCana investigated itself, declares itself innocent.
EnCana & Alberta Environment blamed our local water well driller!
August 2004: EnCana Landman
EnCanas inappropriate
blanket approval type document
EnCanas land manager:
If we can get them to sign this, we dont need to consult
He refuses to consult. We chat a long time. He finally agrees to hold an open house
A few days later
Encanas landman back at it with same document
September 9, 2004: I resigned from Encana
How could I ethically work for a company lying to me and my community?
Open House Oct 21, 2004
EnCana promised that they would only fracfar below our fresh water aquifers
and below the impermeable layer to prevent gas migration into our water.
$150,000 promise to Rosebud Theatre
January 11, 2005, Rosebud water tower blows up in an explosion
Investigators say an accumulation of gases appears to have caused the Jan. 11
explosion that destroyed the Rosebud water reservoir building and sent a
Wheatland County employee to hospital with injuries.
Strathmore Standard, Jan 27, 2005
My water dramatically changed
Whistling taps/blowing gas
Caustic burns to skin/irritated eyes.
Painful cracks on hands after doing dishes
Soaps/shampoos no longer make suds
Gas spurting water out of tub & toilets
Dogs repulsed by the water
October 2005: My water post-fracd
Colleagues advised me to get my water tested for methane
Encanas Noise Continues
The ERCB deregulates to match Encanas non-compliance
I warn Albertans and dash off to speak to First Nations
communities in the Yukon
Nov 24 2005: Banished!
I have instructed my staff to avoid any further contact with you.
Jim Reid, Regulator Manager
December 13, 2005 Edmonton Journal
January 2006: EUB Shallow FracDirective 027
Industry advised the regulator that shallow fracturing had harmed oilfield wells
andthere may not always be a complete
understanding of fracture propagation at shallow depths
EUB = Energy Utilities Board, now ERCB, Energy Resources Conservation Board
Feb 28, 2006 Alberta Legislature
Environment Minister promised affected
families
safe alternate water now and into the future
regardless ifthe methane is from
natural flowor not.
Alberta Environment Testing Ernst Water 2006
March 3
Alarmed how much gas is in my water
I am to blame because I dont run cattle, thus
use too little water
March 6
Meeting with Minister
& staff
I am to blame, because
I use too much water
April 12 2006, The Alberta Government knew!!
Two Labs:
1) Maxxam: (3-14-27-22-w4m and 102/8-27-22-w4m) it is a likely source of this water well gas
1) Dr. Karlis Muehlenbachs: indicates a source from or near the shallower wells, 27-22-W4M
(obtained via FOIP, 2 years later)
2006: Toxic chemicals found by the regulator in Rosebud Hamlet water:
Petroleum distillates, bromodichloromethane, phenanthrene, toluene, methyl ethyl ketone, xylene, benzene, butylbenzyl phthalate, di-ethyl phthalate, di-n-butyl phthalate, bis(2-ethyhexyl) phthalate and benzothiazole.
Hexavalent chromium (of Erin Brokovich fame) was found by the regulator in a monitoring well in the Hamlet [via FOIP results]
Toxic Chemicals found by the regulator in my water
March 3, 2006: 0.21 mg/L of F-2 petroleum hydrocarbons (primary components of various fuels including gasoline, kerosene, diesel fuel and jet fuel);
March 3, 2006: Chromium increased in my water by factor of 45 after EnCana fractured the aquifer that supplies my well.
June 6, 2007: 2.0 g/L of 2-Propanol 2-Methyl. 2-Propanol 2-Methyl is a product of degrading methyl tert-butyl (MTBE), and may indicate MTBE contamination. Both 2-Propanol 2-Methyl and MTBE are hazardous;
June 6, 2007: 3.6 g/L of Bis (2-ethylhexyl) phthalate (BEHP). BEHP can cause cancer as well as damage to the liver after prolonged exposure.
May 8, 2006, Spirit River, Alberta Bruce Jacks water well erupting after nearby fracing and
professional venting of industrys migrating gas
May 9, 2006 Bruce Jack in hospital
Alberta Environments Lead Investigator Kevin Pilger:
Refuses to review any Encana perf or frac databecause the company promised itonly fracs at 600 metres and deeper
Alberta Environment Lead Investigator Kevin Pilger:
We cant look at Encanas data at the ERCB because you broke in and altered it all
Kevin Pilger said he could not read the hydrogeological report that admitted Encana
fracd our aquifers because
Ernst fraudulently fabricated it and forged the signatures and professional seal!
Investigator Craig Knaus regarding white stuff in Ernsts water:
The regulator has no budget to test for nitrogen
And doesnt need a sampling or safety protocol because Craig can feel when a
water well is dangerous.
Methane in Rosebud Water
30 66 mg/l
Risk of explosion at 1 mg/l(if water passes confined space in CAPP Gas Migration Report, 1996)
Compare to historic data: My water well: Gas Present: No
CAPP 1996: most < 0.05
2006 Briefing Note by Alberta Research Council on the Contamination Cases
(to blame bacteria), before the Council is retained to review the cases!
[Obtained in 2008 via FOIP]
landowners may not willingly accept the findings determined by Alberta
Environment and Alberta Research Council
EnCana fracd & still fracs biogenic naturally occurring methane
June 8, 2006 Interrogation of Ernst by ERCB Lawyer
Admitted on tape, the ERCB never considered me a threat
ERCB CBM Water Chemistry study, September 2006
Studied water wells in coal
Methane (and ethane) not detected in ~90% of water wells tested!
All 7/7 industry CBM wells tested had
natural biogenic methane!
September 2006
The international 2nd Well Bore Integrity Network Meetings first key conclusion:
There is clearly a problem with well bore integrity in existing oil and gas
production wells, worldwide.
CAPP Testimony to Parliamentary Committee, Environment & Sustainable
Development, Evidence, May 8, 2007
On testing for methane in water wells:
Mr. David Pryce, CAPP:
If it is present, the presumption is that its naturally occurring.
April 2007, Alberta Environment:
3 monitoring wells drilled at Rosebudto get baseline data
6 years too late.
May 2007
Alberta Environment finally commits to comprehensive investigation
Switched labs to one that detected but did not fingerprint the ethane.
They knew in 2006 it matched the ethane from EnCanas gas wells
Isotopic fingerprinting of ethane in Rosebud water:
Hamlet: regulator did not sample enough water
Landowner Water Wells: -40 to -46
ERCB Study on CBM wells: -39 to -46
2007Alberta Environment retains the Alberta Research Council
to review the 5 water well contamination cases
that had been reported in the media
2006/2007 Annual report,
Page 14
Understanding Albertas Water Resources
Funding for this research comes from Alberta Environment,
EnCana.
Alberta Research Council (now Alberta Innovates) January 2008
Ignored:
1986 historic data on my well: Gas Present: No
Used stories of methane in other water wells
Encana fracd the aquifer that supplies my well
Encanas 2003 test on my water
Blamed nature and bacteria
Instead of using the damning data the regulator
collected in our community they used
data from energy wells over 100 miles away
(that were fracd much deeper!)
Media Alerts March 19, 2008
Albertans
reject governments
conclusion that
nature contaminated
their well water
EnCana donates
7.5 Million $
to
the
University of Alberta
April 2008: Alberta Environment Breaks Legislature Made Promise
Takes away the water deliveries
Declares our dangerously
explosive & toxic water safe
Some days, theres a line up
2 thousand gallons takes about an hour to fill
I forgot to bring a book
My turn. 185 gal tank.
Magic always comes along
Water tanks in my house
I had to give up my storage and laundry room
December 2008
Legal papers served on the defendants
Feb 7, 2009 CTV W5 National News
Aired segment on my water and
the ERCBs treatment of me
The next week
The Intimidation of Ernst
If the contamination in my water is natural, would they send the RCMP?
RCMP = Royal Canadian Mounted Police
October 2009 Harper Government appoints Honourable
Neil C. Wittmann as Chief Justice
British Columbia Regulator Safety Advisory May 20, 2010
Fracture propagation via large scale hydraulic fracturing
operations has proven difficult to predict.
Buy Our SilenceEnCana increases donation to $350,000
EnCana Rosebud Centre August 24, 2010
January 28, 2011 ERCB Unconventional Gas
Regulatory Framework
Deep and shallow shales will be fracd
Hydraulic fracturing can contaminateuseable water aquifers with toxic
chemicals and is a recognized risk
ERCB Report 2011-A
April 27, 2011
Ernst Lawsuit against
EnCana, ERCB & Alberta Government
goes public
All allegations remain to be proven in court, all parties will be able to respond to the allegations
May 9, 2011 Jackson et als(Duke University) Peer Reviewed Study
17x more methane in water wells near drilled & fractured energy wells
June 24, 2011 The Harper Government
Appoints
Justice Barbara L. Veldhuis
to the Court of Queens Bench
September 22, 2011 Alberta regulators knew!
Caltex/Crew/Gasfracs gelled propane frac accidentally contaminates fresh
groundwater
The regulators continued to lie to the public for over a year
EnCana website 2011
ernstOval
October 6, 2011 ERCB Bulletin 2011-29
Removes limits for unconventional oil and gas
October 30, 2011 EnCana Drilling under my land
Encana Waste Dumping Rosebud, October 30, 2011
Metal ConcentrationsMetal ConcentrationsTable #1 Average Metals Concentrations in Recycled WBFF and Drilling Waste
Parameter Recycled WBFF (mg/L) Drilling Waste (mg/L) Arsenic 0.0617 0.507 Barium 1.44 13.01 Beryllium 0.0629 0.00263 Cadmium 0.00 0.00213 Cobalt 0.0328 0.315 Chromium (total) 0.091 0.857 Copper 0.133 1.174 Mercury 0.0078 0.0214 Molybdenum 0.0218 0.0294 Nickel 0.0121 1.13726 Lead 0.0894 0.137 Antimony 0.004 0.00121 Selenium 0.0171 0.055 Tin 0.00167 0.0105 Thallium 0.0004 0.00263 Vanadium 0.172 1.94 Zinc 0.544 3.29
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Alberta Frac BlowoutJanuary 13, 2012
ERCB does not answer their Emergency Response Phone!
April 26, 2012 Drumheller Court
Justice Barbara L. Veldhuis requests a shortened statement of claim and volunteers as case manager.
ERCB demands that my full statement of claim is removed from the court and public record.
Denied.
Standing Tall Lois Frank, Blood Tribe
June 20, 2012Crown Stays Charges
Sept 9, 2011
Arrested
Charged with
Criminal intimidation
EU 2012 Report:
25% to 100% of water used is
lost permanently
Taking water for fracing from the Red Deer River, Alberta, 2013
Water Trucks: Who pays for the Road Damages?Photo by Pierre Bluteau, Leclercville, Quebec
October 1, 2012 Case management call The defendants want my case moved to Calgary
(moving my case was not on the agenda)
Alberta Environment: It clearly tips in favour of the defendants position, that it ought to be in
Calgary and not in Drumheller
Justice Veldhuis: According to Albertas Chief Justice, the case is to be heard in Drumheller
Encanas Drumheller Office
Encana lawyers: will not drive to DrumhellerThe case is subsequently moved to Calgary.
Encana drilling waste Rosebud, November 2012
171,000 Fracd wells later
December 6, 2012 ERCB releases draft frac regulations
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ernstText BoxRED LINES =What Alberta's frac regulations allow
Encana fracing above the Base of Groundwater Protection near my
land, December 15, 2012
They frac you, and then, they frac you again and again and again and again and again
December 16, 2012 ERCB releases frac blow-out report
Hydraulic fracturing caused the blow-out
No fines, no punishment levied
December 20, 2012 ERCB releases Caltex/Crew/Gasfrac
Report
Admits fracing contaminated fresh groundwater at Grand Prairie
No fines, no punishment levied
January 18, 2013 . 10AM4PM
Hearing in Calgary CourtEncana rig near my home
Encana argued nothing in court!
Court is packed, not enough seats
Best in the World, World Class ERCB argued for my case against them to be
thrown out:
I am a terrorist, they can violate my rights
No duty of care to Albertans and groundwater;
Legally immune from all acts and omissions, gross negligence, bad faith, deliberate acts.
Alberta Environment
Argued to have contamination
removed from my statement of claim
And, all paragraphs mentioning the
other contaminated water wells at Rosebud
Ernst attends Drumheller Court 10AM-4PM where by law the hearing would ordinarily be heard
February 8, 2013 The Harper Government
Appoints Justice Barbara L. Veldhuis to the Court of Appeal of Alberta
Rule on the Jan 18 hearing? Not an option
February 15, 2013
Alberta Court of Queens Bench
Chief Justice Neil Wittmann
Volunteers to take over
How does a plaintiff say no to that?
March 5, 2013
Announces honourary degree for Justice Neil Wittmann
April 2013: Alberta government appoints big oil & gas to Chair new
all-in-one energy regulator, the AER
5-14 (2004) 02-06-04 (2001)
August 19, 2013, Encana files Statement of Defence: Encana states that both Encana wells were stimulated, but
neither was hydraulically fractured
August 31 2013, Kaiser caves under Calgary residents protest, moves frac well 2.3 km
September 19, 2013 Chief Justice Neil Wittmann rules
Regulator judged me a terrorist
in the total absence of evidence. There is none.
But grants regulator complete legal immunity
even for violating my Charter Rights
Justice Wittmann:Ernst has valid Charter claim against the ERCB
To prevent others coming to the litigation process dressed in their Charter clothes whenever possibleJustice Wittmannruled against Ernst
Contamination stays in my Statement of Claim
Justice Wittmann rejected the Alberta governments attempt to attack parts of
the lawsuit, my claim against the government can proceed
Had filed nothing
And argued nothing in court
December 2013 Oil-soaked Texas!
Dallas City Council votes 9-6 to effectively ban fracking
"after years of arguments over well safety, toxic air emissionsdrillers' use of
hydraulic fracturing"
January 13, 2014 Case Management Call
Here we go again
Justice Wittmann grants Alberta
Environment another hearing to try to strike
out my case
Moves my case back to DrumhellerCourt of Queens Bench
April 16, 2014
February 3, 2014 Ernst Appeal Factum Filed
Appealing Justice Wittmann granting ERCB no duty of care, legal immunity, even for
Charter violations
My lawyers get 45 minutes on May 8, 2014
February 18, 2014
Alberta Environment
files application to
strike out my case
claiming
no duty of care
immunity
February 2014 Oil-soaked California!
Los Angeles City Council votes 10 0 to ban fracing and
other unconventional drilling methods
The Power of No! School and university boards!
City Council & Chamber of Commerce! Cartoons, posters, petitions, letters & protests!
Citizens, groups, songs and businesses!
February 25, 2014 Craig Knaus Compliance Manager Calgary
on Albertans asking for help because of fracing
stated with gleeful animation:
These people will get nowhere
Husky, 1993When did the idea form to blame nature for industrys gas migration?Trican Well Service & Husky Energy, 2002October 2005: My water post-fracdCAPP Testimony to Parliamentary Committee, Environment & Sustainable Development, Evidence, May 8, 2007April 2008: Alberta Environment Breaks Legislature Made PromiseMay 9, 2011 Jackson et als (Duke University) Peer Reviewed Studywill not disclose what chemicals injected.pdf
encana secret cbm w photo.pdf
ARC tight methane 2003.pdf 2003 Natural methane release from coal formations in Alberta is rare because reservoirs are "tight"
Feb 28, 2006 leg promise.pdfFeb 28, 2006 Alberta Legislature
2012 01 13 frac blow out.pdfAlberta Frac BlowoutJanuary 13, 2012ERCB does not answer their Emergency Response Phone!
24000ww by aep.pdf
EPA, 1987.pdfEPA, 1987
Over 100 miles away.pdfInstead of using the damning data the regulator collected in our community they used data from energy wells over 100 mil
Reid 2004 Shallow Operations Issues.pdfShallow Operations IssuesJim Reid, ERCB ManagerMay 12, 2004
2004 10 21 EnCana Rosebud Open House.pdfOpen House Oct 21, 2004
2007 AENV retains ARC.pdf2007Alberta Environment retains the Alberta Research Councilto review the 5 water well contamination casesthat had been
1996 CAPP Gas Migration Report methane may spread in aquifers.pdf1996 CAPP Gas Migration Report:
2012 06 Red Deer River Crude Oil Spill Ernst Replacement Water.pdfErnst Replacement Drinking WaterJune 2012 Plains Midstream Crude Oil Spill into Red Deer River
1998 I bought my place at Rosebud River shots.pdfI bought my place at Rosebudin 1998
2004 Coleman corrected w fatalities.pdfColeman, 2004 (and others over the years)
2005 12 13 edm journal front pager.pdfDecember 13, 2005Edmonton Journal
2012 08 10 EU Frac Report.pdfEU 2012 Report:
map.pdf
2011 06 24 Harper govt appoints Veldhuis to ct queens bench.pdfJune 24, 2011The Harper Government
2012 04 26 First court hearing in drumheller.pdfApril 26, 2012 Drumheller Court
2012 12 06 171,000 Fracd wells later.pdf171,000 Fracd wells later December 6, 2012ERCB releases draft frac regulations
2006 03 03 and 06 AENV we use too little water use too much.pdfAlberta EnvironmentTesting Ernst Water 2006
2005 11 Encanas Noise Continues.pdfEncanas Noise ContinuesThe ERCB deregulates to match Encanas non-complianceI warn Albertans and dash off to speak to First Nations communities in the Yukon
2008 01 Alberta Research Council.pdfAlberta Research Council (now Alberta Innovates)January 2008
2011 11 Dump Strips not worked in.pdfSlide Number 1Slide Number 2
2012 12 05 No duty of Care.pdfBest in the World, World Class ERCB argued for my case against them to be thrown out:
2012 12 16 Frac Blow out Report Released.pdfDecember 16, 2012ERCB releases frac blow-out report
2012 11 Encana waste dumping rosebud.pdfEncana drilling wasteRosebud, November 2012
2012 10 01 Move the case to calgary.pdfOctober 1, 2012 Case Management Call
2006 06 08 ERCB Interrogation of Ernst.pdfJune 8, 2006 Interrogation of Ernst by ERCB Lawyer
2011 10 06 Bulletin 2011-29.pdfOctober 6, 2011ERCB Bulletin 2011-29Removes limits for unconventional oil and gas
2009 02 07 CTV W5.pdfFeb 7, 2009 CTV W5National News
Water Trucks Leclercville Photo by Pierre Bluteau.pdf
2012 12 20 ERCB admits fracing contaminated GW.pdfDecember 20, 2012ERCB releases Caltex/Crew/Gasfrac ReportAdmits fracing contaminated fresh groundwater at Grand Prairie No fines, no punishment levied
2009 rcmp coming reduced size photo.pdf
1986 Dyck & Dunn.pdfDyck & Dunn (published 1986)
2011 10 30 Encana waste dumping at rosebud from drilling unde my land 2-13.pdf Encana Waste DumpingRosebud, October 30, 2011
2011 09 22 Grand Prairie.pdfSeptember 22, 2011Alberta regulators knew!
2013 01 18 calgary court hearing.pdfJanuary 18, 2013 . 10AM4PM Hearing in Calgary CourtErnst attends Drumheller Court 10AM-4PM where by law the hearing would ordinarily be heard
2013 02 08 Harper govt appoints Veldhuis to court appeal.pdfFebruary 8, 2013The Harper Government
2013 04 01 Protti appointed Chair AER.pdfApril 2013: Alberta governmentappoints big oil & gas to Chair new all-in-one energy regulator, the AER
2012 01 Innisfail close up workers peering down more in focus.pdfSlide Number 1
2013 water hauling garrington alberta.pdfSlide Number 1
2011 EnCana Website No documented cases of GW contamination 2011.pdfEnCana website 2011
2008 12 legal papers served on the defendants.pdfDecember 2008Legal papers served on the defendants
2009 10 23 Harper govt appoints N C Wittmann Chief Justice Court of Queens Bench.pdfSlide Number 1
2006 05 The Jacks water after nearby fracing.pdfSlide Number 1
2006 05 09 Bruce Jack in hospital.pdfMay 9, 2006 Bruce Jack in hospital
Alberta Environment covered up their gas monitoring water well at rosebud.pdfSlide Number 1
1993 Husky diagram gas migration 46 percent gas migration.pdf
2004 Encana 5 10 closer up.pdfSlide Number 1Slide Number 2
1993 Husky defines gas migration.pdfHusky defines gas migration: The leakage of gas from outside the production and/or surface casing of oil and gas wellbores..in the Lloydminster area the source of the gas and its path to surface are rarely clear.
2003 encana landman lie to me kim photo 2.pdf2003 EnCana landman lie to me
2013 08 19 Encanas Defence & More Lies.pdf
2013 08 31 Kaiser caves under Calgary.pdfAugust 31 2013, Kaiser caves under Calgary residents protest, moves frac well 2.3 km
2013 08 31 Kaiser protest Husky Calgary Tower 1967.pdfSlide Number 1
What is fracing.pdfWhat is fracing?
Krooyman et al, 1989.pdfKrooyman et al, 1989
1985 03 24 Fairfax Dress for Less explosion.pdfMarch 24, 1985Fairfax Department Store ExplosionConclusions of Blast Task Force:
2001 01 21 Four days later Hutchinson.pdf
2006 05 wonder woman.pdfMay 16, 2006 Alberta Environment Investigatorrefused to review any EnCana frac data at Rosebud because:
2006 After chromium barium strontium went up EnCana refuses to test for metals.pdfAfter
A few days later redo.pdfA few days later
2014 03 19 Wittmann ruling.pdfSeptember 19, 2013Chief Justice Neil Wittmann rules Contamination stays in my Statement of Claim
2013 02 15 Chief Justice Wittmann volunteers to take over.pdfFebruary 15, 2013
2014 01 13 Case management call back to drumheller another hearing for ab govt.pdfJanuary 13, 2014 Case Management CallFebruary 3, 2014Ernst Appeal Factum FiledFebruary 18, 2014February 25, 2014Craig Knaus Director Southern Region Operations Division Alberta Environment
2013 03 05 U lethbridge Honourary degree N Wittmann.pdfMarch 5, 2013
In bad faith.pdfIn bad faith
2013 01 18 AENVs arguments.pdfAlberta Environment
2012 04 24 ERCB lawyer to Ernst you have no rights.pdfApril 24 2012 ERCB lawyer letter to Ernst about her objections to Encana drilling under her landit does not appear that you have rights or intereststhat may be directly and adversely affected
2013 03 19 Wittmann ruling w charter clothes slide.pdfSeptember 19, 2013Chief Justice Neil Wittmann rules Contamination stays in my Statement of Claim
2014 The power of No.pdfThe Power of No!School and university boards! City Council & Chamber of Commerce!Cartoons, posters, petitions, letters & protests!Citizens, groups and businesses!
2014 The power of No.pdfThe Power of No!School and university boards! City Council & Chamber of Commerce!Cartoons, posters, petitions, letters & protests!Citizens, groups, songs and businesses!
2012 04 24 ERCB lawyer to Ernst you have no rights.pdfApril 24 2012 ERCB lawyer letter to Ernst about her objections to Encana drilling under her landit does not appear that you have rights or intereststhat may be directly and adversely affected
Energy Resources Conservation Board (ERCB) chges to eub to aer.pdfEnergy Resources Conservation Board (ERCB)govt changed toEnergy Utilities Board (EUB)after breaking the law & spying on Albertansgovt changed to Energy Resources Conservation Boardafter my lawsuit goes publicgovt changed toNEW: Immunity from omissions
Energy Resources Conservation Board (ERCB) chges to eub to aer.pdfEnergy Resources Conservation Board (ERCB)govt changed toEnergy Utilities Board (EUB)after breaking the law & spying on Albertansgovt changed to Energy Resources Conservation Boardafter my lawsuit goes publicgovt changed toNEW: Immunity from omissions
Energy Resources Conservation Board (ERCB) chges to eub to aer.pdfEnergy Resources Conservation Board (ERCB)govt changed toEnergy Utilities Board (EUB)after breaking the law & spying on Albertansgovt changed to Energy Resources Conservation Boardafter my lawsuit goes public, govt changed toNEW: Immunity from omissions
2014 03 25 Title In Bad Faith w Craig Knaus quote.pdfIn Bad FaithThese people will get nowhere
2006 05 16 Kevin Pilger, Lead Investigator, Alberta Environment.pdfAlberta Environment Lead Investigator Kevin Pilger: We cant look at Encanas data at the ERCB because you broke in and altered it all
2014 02 25 Craig Knaus Compliance Manager AESRD 4.pdfFebruary 25, 2014Craig Knaus Compliance Manager Calgary
2006 05 16 the investigation begins.pdfAlberta Governments community-wide water contamination investigation begins by concluding:fracing is not to blameAlberta Environments Lead Investigator Kevin Pilger:Kevin Pilger said he could not read the hydrogeological report that admitted Encana fracd our aquifers because Ernst fraudulently fabricated it and forged the signatures and professional seal!Investigator Craig Knaus regarding white stuff in Ernsts water:
2006 05 16 the investigation begins.pdfAlberta Governments community-wide water contamination investigation at Rosebudbegins by concluding:fracing is not to blameAlberta Environments Lead Investigator Kevin Pilger:Kevin Pilger said he could not read the hydrogeological report that admitted Encana fracd our aquifers because Ernst fraudulently fabricated it and forged the signatures and professional seal!Investigator Craig Knaus regarding white stuff in Ernsts water:
2006 05 16 Kevin Pilger, Lead Investigator, Alberta Environment.pdfAlberta Environment Lead Investigator Kevin Pilger: We cant look at Encanas data at the ERCB because you broke in and altered it all
2006 05 16 the investigation begins.pdfAlberta Governments community-wide water contamination investigation at Rosebudbegins by concluding:fracing is not to blameAlberta Environments Lead Investigator Kevin Pilger:Kevin Pilger said he could not read the hydrogeological report that admitted Encana fracd our aquifers because Ernst fraudulently fabricated it and forged the signatures and professional seal!Investigator Craig Knaus regarding white stuff in Ernsts water:2006 05 16 Kevin Pilger, Lead Investigator, Alberta Environment.pdfAlberta Environment Lead Investigator Kevin Pilger: We cant look at Encanas data at the ERCB because you broke in and altered it all
2004 Coleman w photo Hutchinson.pdfColeman, 2004(and others over the years)Investigations on Hutchinson Kansas 2001 explosions (killed 2 people): industrys leaking gas had migrated almost 7 miles
2009 10 23 Harper g appoints Neil C Wittmann Chief J.pdfOctober 2009Harper Government appoints Honourable Neil C. Wittmann as Chief Justice
2012 10 01 case mgment call moving my case to calgary.pdfOctober 1, 2012 Case management callThe defendants want my case moved to Calgary(moving my case was not on the agenda)Alberta Environment: It clearly tips in favour of the defendants position, that it ought to be in Calgary and not in DrumhellerJustice Veldhuis: According to Albertas ChiefJustice, the case is to be heard in Drumheller
In my community, shales, sands and.pdfIn my community, shales, sands and coals are being fracdWells are horizontaldeviated or verticaldeep, shallow and ultra shallowCBM = Coalbed Methane
2013 12 11 Dallas bans fracing.pdfDecember 2013Oil-soaked Texas!February 2014Oil-soaked California!
2014 02 28 LA bans fracing.pdfDecember 2013Oil-soaked Texas!February 2014Oil-soaked California!