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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

2014 03 25 in Bad Faith Presentation by Jessica Ernst in City of Lethbridge Alberta, hosted by No Drilling Lethbridge

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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.

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  • 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

    jessica ernstHighlight

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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!