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Goldenberg writes: "Two young children in Pennsylvania were banned from talking about fracking for the rest of their lives under a gag order imposed under a settlement reached by their parents with a leading oil and gas company."

Children protesting fracking. (photo: Flickr)
Children protesting fracking. (photo: Flickr)


Children Given Lifelong Ban on Talking About Fracking

By Suzanne Goldenberg, Guardian UK

20 August 15

 

Two Pennsylvanian children will live their lives under a gag order imposed under a $750,000 settlement.

wo young children in Pennsylvania were banned from talking about fracking for the rest of their lives under a gag order imposed under a settlement reached by their parents with a leading oil and gas company.

The sweeping gag order was imposed under a $750,000 settlement between the Hallowich family and Range Resources Corp, a leading oil and gas driller. It provoked outrage on Monday among environmental campaigners and free speech advocates.

The settlement, reached in 2011 but unsealed only last week, barred the Hallowichs' son and daughter, who were then aged 10 and seven, from ever discussing fracking or the Marcellus Shale, a leading producer in America's shale gas boom.

The Hallowich family had earlier accused oil and gas companies of destroying their 10-acre farm in Mount Pleasant, Pennsylvania and putting their children's health in danger. Their property was adjacent to major industrial operations: four gas wells, gas compressor stations, and a waste water pond, which the Hallowich family said contaminated their water supply and caused burning eyes, sore throats and headaches.

Gag orders � on adults � are typical in settlements reached between oil and gas operators and residents in the heart of shale gas boom in Pennsylvania. But the company lawyer's insistence on extending the lifetime gag order to the Hallowichs' children gave even the judge pause, according to the court documents.

The family gag order was a condition of the settlement. The couple told the court they agreed because they wanted to move to a new home away from the gas fields, and to raise their children in a safer environment. "We need to get the children out of there for their health and safety," the children's mother, Stephanie Hallowich, told the court.

She was still troubled by the gag order, however. "My concern is that they're minors. I'm not quite sure I fully understand. We know we're signing for silence for ever but how is this taking away our children's rights being minors now? I mean my daughter is turning seven today, my son is 10."

The children's father, Chris Hallowich, went on to tell the court it might be difficult to ensure the children's absolute silence on fracking � given that their ages and that the family lives in the middle of a shale gas boom.

"They're going to be among other children that are children of people within this industry and they're going to be around it every day of their life, that if they in turn say one of the illegal words when they're outside of our guardianship we're going to have difficulty controlling that," he said. "We can tell them, they can not say this, they can not say that, but if on the playground....."

The court transcripts were released in response to an open records request by the Pittsburgh Post Gazette, which first reported on the children's lifetime gag order. The newspaper has been fighting for the release of all documents in the Hallowich settlement.

Campaigners say the secrecy has helped the industry resist more stringent environmental and health controls � by burying evidence of water contamination and health problems associated with natural gas operations. The Hallowichs' lawyer, Peter Villari, told the court he had never seen a gag order imposed on children in his 30 years of practicing law, according to the released transcript.

During the proceedings, the attorney representing Range Resources, James Swetz, reaffirmed the company sought the gag order on the children. "I guess our position is it does apply to the whole family. We would certainly enforce it," he told the court.

Williams Gas/Laurel Mountain Midstream and MarkWest Energy were also defendants in the case.

However, once that gag order came to light, two years after the August 2011 proceedings, the company told reporters it did not agree with Swetz's comments. "We don't believe the settlement applies to children," a Range Resources spokesman told the Gazette. He went on to tell the paper that there was no evidence that the Hallowich family was affected by exposure to gas development.

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+91 # NanFan 2014-05-26 12:06
Hear, hear, PLEASE, America, HEAR this!

N.
 
 
+14 # Eldon J. Bloedorn 2014-05-26 17:49
Many years ago, I asked myself, "does a country constantly at war with other smaller, weaker countries have a corrupt, debasing influence on its own citizens?" And, I found that the answer is in the question.
 
 
+14 # Kit 2014-05-26 13:12
If only we would listen.
 
 
+42 # angelfish 2014-05-26 13:16
Quoting Kit:
If only we would listen.

"We" ARE listening! It's the ones in Washington that are running around with their fingers jammed firmly in their ears, screaming, "I can't hear you"!
 
 
-1 # NAVYVET 2014-05-26 21:46
Canceled
 
 
+58 # Kimc 2014-05-26 13:12
Does that make those of us without guns the ones with the most courage? I see this as a massive campaign to make Americans into cowards, cowering in their homes behind their guns, living in fear of everyone else. Fear is the mind-killer. Fear makes us easy to manipulate -- people in fear will follow any leader who sounds sure and confident and offers security -- real or imagined. We are becoming uncivilized.
So, what do we do about it?
 
 
+8 # theshift 33 2014-05-26 16:07
Start here:

I went ahead and taped a paper on my bathroom mirror in large letters FEAR
Underneath it is written
1. A meaningless world engenders fear
2. I am determined to see
3. I am determined to see things
differently
4. Above all I am determined to peacefully and diligently create a meaningful world despite interferrence.

This may sound goofy and simple but looking at it daily affects the unconscious and enables one to get over
the fear we are intentionally pounded and indoctrinated with everyday. As each individual changes, mass consciousness slowly changes and recovers. Thoughts and the actions behind them(with intent) are things. Similiar to the Hundreth Monkey, a short and interesting read. http://www.wowzone.com/monkey.htm
 
 
-75 # arquebus 2014-05-26 13:27
Before you start claiming a war, perhaps you might want to deal in some facts....like the US murder rate is lower now than in 1960. Or, the fact that murder and mayhem are the least common uses of firearms in this country.
 
 
+16 # shagar 2014-05-26 14:50
and what would be the most common use of firearms?
target practice for the moment a hoodie or a woman you don't like appears? agh what a subtle distinction. i feel much safer knowing that.
 
 
+16 # tingletlc 2014-05-26 15:30
Quoting arquebus:
Before you start claiming a war, perhaps you might want to deal in some facts....like the US murder rate is lower now than in 1960. Or, the fact that murder and mayhem are the least common uses of firearms in this country.


If you have a point, please sharpen it, taking into account that the murder rate is higher now than in 1963, and that in every other year of the war one is claiming, until 2011, the murder rate was even higher, sometimes radically.

Note also that murder and mayhem are the least common uses of nuclear weapons (two occasions); they've mostly been used for demonstration, product improvement, range practice and intimidation. Want one?

You haven't said where your statistics come from, and neither have I. But I'll tell if you will.
 
 
-8 # arquebus 2014-05-26 20:23
http://www.infoplease.com/ipa/A0873729.html

http://www.disastercenter.com/crime/uscrime.htm

http://www.bjs.gov/content/pub/pdf/htus8008.pdf (scroll down to page 2)

Perhaps you will quibble with the first two, but surely you will accept the findings of the Federal Bureau of Justice Statistics?

While I'm throwing fact out, here is another interesting one. Every year more people are murdered by "personal weapons" (hands and feet) than by long guns (shotguns,rifle s including so-called assault rifles. Ck the FBI UCR for that one.

And, the point is...if you are going to have a debate, you should first know the facts and not rely on someone's fevered imagination.
 
 
0 # skylinefirepest 2014-05-30 22:03
Tingle...Arq is right and you are wrong according to the FBI Uniform Crime Statistics...lo ok them up if you dare.
 
 
+2 # moonrigger 2014-05-28 13:56
Let's talk deaths, not rates:
? 332,014 people DIED from guns between 2000 and 2010. That number is greater than the populations of U.S. cities such as St. Louis, Pittsburgh, and Cincinnati. iii
? 31,328 people died from gun violence in 2010, or roughly 1 every 17 minutes. iv

? A gun in the home makes homicide three times more likely, suicide up to five times as likely, and accidental death four times higher than in non-gun owning homes.

? Access to firearms increases the risk of intimate partner homicide more than 5 times than in instances where there are no weapons, according to a recent study. In addition, abusers who possess guns tend to inflict the most severe abuse on their partners.vi

Gun Violence & Women
? 94% of female murder victims killed by men are killed by a man they knew. In other words,
females are 16 times as likely to be killed by a male acquaintance than by a male stranger. In 2010, 1,017 women, almost three a day, were killed by their intimate partners. viii

? Of females killed by men with a firearm, more than two-thirds were killed by their intimate
partners.ix

? In 2010, 52 percent of female homicide victims killed by men were shot and killed with a gun.
Female intimate partners are more likely to be murdered with a firearm than all other means
combined.x

? Women suffering from domestic violence are eight times more likely to be killed if there are firearms in the home.xi Souurce: www.futureswithoutviolence.org
 
 
0 # skylinefirepest 2014-05-30 22:02
Arq, how ya like them red minuses, my friend?? You cannot talk to the liberal extremists about facts...they don't believe you and won't do the little bit of research to prove that guns save lives. Shagar apparently has no idea that legally owned firearms are used millions of times each year to prevent crime and save lives...but that won't stop him from being anti-gun because it's in the blood of liberalism!!
 
 
+32 # tedrey 2014-05-26 13:33
I know someone who swore off the use of guns long ago. If he hadn't done so, he says, Wayne LaPierre would now be dead.
 
 
+28 # unitedwestand 2014-05-26 13:44
Christopher Martinez, the son and only child of the grief stricken father Richard Martinez is who I'm thinking about today, as well as the thousands and thousands of needless soldiers and innocent people that died in wars that didn't have to be waged. May they all rest in peace.
 
 
-15 # Abigail 2014-05-26 13:55
I don't know what any of you are talking about. Do I live in a shell? I have sons and daughters, all in their late 20s.

IN A SHELL
 
 
+16 # Kimc 2014-05-26 15:09
What do you mean you don't know what any of us are talking about? Do you mean you are unaware of the violent attack in Isla Vista? Are you unaware of the gun debates raging in our culture? Are you not sure how much you would hurt if one of your kids were senselessly murdered by a stranger? What is it you are referring to?
 
 
+14 # seeuingoa 2014-05-26 14:22
America is a stupid, stupid country.

Big fat-asses, greedy and ignorant with
compassion only to themselves.

How can intelligent people live in
and raise their children in such a
stupid country.
 
 
+14 # Kimc 2014-05-26 15:10
We are seriously thinking of leaving. What else can we do?
 
 
+4 # motamanx 2014-05-26 21:51
Smart people (people who are smart enough to want to leave) should stay. If all the smart people left, we'd really be in trouble.
 
 
0 # wolf 2014-05-27 20:46
I'm trying to leave, but the county declared war on me.

I'm hoping to find help with my sailboat, getting it out of here. I'm going to Mexico first.

Anyone want to join me?

sonomacountyiskillingme.org if you are interested...
 
 
0 # skylinefirepest 2014-05-30 22:07
Wow, you're going to Mexico to escape violence in the U.S.??? What are you, crazy or something?? Ya have any idea what the murder rate due to drugs and crime lords is in Mexico?? Was you're comment really serious??
 
 
+1 # moonrigger 2014-05-28 14:32
Tough question. I consider leaving fairly often, but then the change agents would have little support to reach critical mass. It's difficult to fix things as expats.

Also, the thought of leaving behind loved ones and friends seems pretty chicken. Who will stand with them?

I often consider what it must have been like in Germany when the 3rd Reich gained power. The fascist ranks swelled so quickly it became difficult to get out. To think that Germany and Austria were pretty much the center of the intellectual universe, yet were taken over by armed thugs who then tried to conquer the world, and all in less than two decades. Let's see now...how long has it been since these nutjob NRA extremists took over congress? You can see how quickly this happens, and why we need to be active and vigilant now.
 
 
-1 # wolf 2014-05-29 14:34
Two things:
First, my family abandoned me long before social workers and society did; and I lost all of my friends for the same reasons...

And those reasons are the second point: why stand with those who will not stand up for themselves and others? Why do you think it's reasonable to stand to protect those who do not act to protect themselves and who do not even consider for a moment the possibility that everything they understand, because it comes from someone else, might just be wrong?

Do you really want to stand and fight for people who will not stand and fight for themselves?

Would a better option not be to inspire your loved ones to follow you to freedom?

I can't leave alone, a mistake I should have foreseen. But then again, I can't survive alone, so my fate is tied to the hope that someone out there will wake up enough to see what is coming and that my ship is a damn find option for escaping it.
 
 
+7 # margpark 2014-05-26 14:48
"I'm an old time traveling man
And I know just what to do.
I sell guns to the Arabs
and dynamite to the Jews."
I actually know the tune to that ditty and it was in my mind the whole time I was reading the article.
 
 
+9 # NanFan 2014-05-26 15:58
Quoting angelfish:
Quoting Kit:
If only we would listen.

"We" ARE listening! It's the ones in Washington that are running around with their fingers jammed firmly in their ears, screaming, "I can't hear you"!


True...so do not vote for them! Get them OUT!
 
 
+2 # mgwmgw 2014-05-26 18:31
I used to believe that the way to protect people from the danger of guns was to register and license guns, and to make them harder to purchase. What changed my mind about that was a book from the Jews for Preservation of Firearms Ownership. It showed pre-holocaust Nazi gun control laws in German on one page, and the English translation, from American gun control laws, on the facing page. Bullies do not like victims with the power to fight back, and the most effective way to kill the Jews was to disarm them first. It also said who requested the translation and where and when. You can read this yourself:

http://shop.jpfo.org/cart.php?m=product_detail&p=24

While it is certainly true that the top fraction of a per cent wealthy in America encourage the rest of us to fight one another, in order to prevent us from attacking them out of the feeling that our relative poverty is unfair, and while it is certainly true that the police are a) becoming militarized and b) in too many cases behaving as if they can kill and injure as they wish (see

http://www.copblock.org/

for details)

This is not the time to stop fighting.

We might, however, want to rethink who we should fight with, and how, and for or against what.
 
 
0 # moonrigger 2014-05-28 14:55
I think we should go back before the rise of the 3rd Reich, and examine how the Nazis got their proliferation of weapons. All the robber barons knew WWI--the war to end all wars--wasn't really the end, but only the beginning of the boom, forgive my pun. Ford made a fortune selling the tanks they would use against us. As Pierce so aptly put it, big bucks are made by arming BOTH sides. It always cracks me up when I hear the gun dealers whining to their customers about Obama, when you KNOW Obamafear is the best thing that ever happened to their business. Gun sales skyrocket anytime the NRA claims the POTUS is going to take their guns away, or when there's a strike or demonstration against the war or oligarchs. Let's face it, owning a gun or two wouldn't prevent some nut with a bushmaster from taking over my home if he really wanted to, especially if it was by surprise. I mean, were the armed cops in Isla Vista able to stop Rodger on his shooting spree?
 
 
+7 # Nominae 2014-05-26 19:23
Mr. Pierce -

This article is a masterpiece. The argument is impeccable, the writing absolutely fluid and and eloquent.

So perfectly done is this one, and the argument *SO* vitally important for every breathing human to *understand* that this could become the very manifesto that proponents of rational gun control could be pasting up on every cork board, telephone pole, op-ed page and serious website in the country.

Primo, Sir, absolutely Primo.
 
 
+1 # wolf 2014-05-27 20:44
Rational gun control starts with the individual. When I was a child, I was taught one thing: I am responsible for where every single bullet from my gun ends up; whether I shoot it or not, and whether or not I "thought it was a coyote."

Americans don't want to take responsibility. And in failing to take responsibility, they accept the consequences.
 
 
0 # skylinefirepest 2014-05-30 22:10
And what exactly is your idea of further gun control that might stop some of the criminal or mental violence being perpetrated against the law abiding in this, the greatest country on the face of the earth?? Martinez knew his son was a nut case but he did nothing about it and now he hollers for more gun control. Gun control simply does not work...never has and never will. Do you really want the firearms only in the hands of the police and the military???
 
 
+3 # NAVYVET 2014-05-26 22:02
What we need is a brand new Constitution. Let the Republicans, Democrats, Greens, Libertarians, etc. fade away unless they can reinvent themselves to serve the people, which none recently has done. Let's call our party the New Populists. There will be others. We start with a Constitutional Convention based on Occupy, held in a football stadium, open to whoever wants to come. The Constitution must establish public ownership & access to public needs like education, infrastructure, environment, energy needs, communications (e.g. mail & internet) etc. Establish guarantees of town meetings, with elected mayor, term-limited police & juries both selected by lot, and A.I. judges. Guarantee that all citizens over 16 have freedom to speak, write & choose partners. Embrace justice as primary & encourage lawsuits for libel & slander. Disallow that any entity other than human individuals can have any of the rights of human beings. Establish a strict separation between religions & secular government, make government favoring of any religion a crime, and stop any attempt to persecute or deny free association for any purpose, unless the associates injure or exploit other living things or environment. Encourage a pragmatic, flexible economic system where no person may inherit more than a small share of parental wealth, the remainder used in lieu of taxes, worker ownership, unions & short-term corporate charters. You can think of plenty of others. It would be good to share our ideas.
 
 
+4 # xflowers 2014-05-27 01:43
Navyvet, As I was reading your list of what the new constitution might proclaim, I was struck by how much you repeat what our old constitution already did. This leads me to believe that the problem is not with our constitution but with the corruption of its intent. How do we add more checks and balances to prevent such corruption? The answer lies somewhere in the region of money I suspect. When money became free speech, when corporations became people, those Supreme Court pronouncements made that corruption the law of the land.
 
 
+2 # NAVYVET 2014-05-27 13:02
I don't disagree. I'm a retired Medievalist, specialty in the history of dissent & when I had my notes close by I could have shown you reforms that were close to words in our Constitution or even more advanced, going back to the 3rd c. They were expanded in the Middle Ages. Marsiglio of Padua & William of Ockham, excommunicated scholars living in exile in Munich, devised the basis of a democratic republic with women's rights and separation of church and state early in the 14th c--and they worked alone and separately!! Some of their ideas came from far more ancient sources, Aristotle's "Politics" & Socrates. For all we know they were originated by geniuses of the Paleolithic! The beauty of the Middle Ages is that we can actually read and study, for example, Arnold of Brescia's laws (almost a constitution) for his brief democratic, fully enfranchised, share-the-wealt h Roman republic in the 12th century. We have law court & chronicle documentation of the incredibly advanced social democracy with deposed bishops & congregational rule of churches, just a small part of the goals of the English revolt of 1381, and the thrilling Digger manifesto of 1649, Gerrard Winstanley's "The Law of Freedom"--but every so often these great ideas MUST be reworded and renewed. The old words won't do, and our Constitution needs a good overhaul, including voting guarantees and getting rid of all language involving slavery, except to absolutely forbid it. More of your ideas, please?
 
 
+1 # moonrigger 2014-05-28 15:04
Navyvet, I totally agree. It's time for another Constitutional Convention. Times have changed, and our forefathers couldn't have imagined all the terrible weaponry we have today. They did, of course, go through all kinds of grief crafting what we ended up with--and it's too bad the slave owners were able to weight it in their favor with the commerce clause and emphasis on states rights. Now that the extreme right has cherry picked certain clauses in the Bill of Rights and Amendments and pushed their cases through the Supreme Court to get absurd rulings such as Citizens, the whole document is all but unrecognizable. We can't trust the Supremes to fix what's wrong. Instead, we need a new Constitutional Convention where we can hash things out, and to ensure once and for all true separation between church and state. Otherwise, we're doomed.
 
 
0 # skylinefirepest 2014-05-30 22:14
Our forefathers were some of the most intelligent people around back then and they most certainly foresaw the advances in weaponry and would have approved heartily of it!! Don't believe me? Read their writings. Our forefathers would be today what the liberals call "gun nuts".
 
 
0 # arquebus 2014-05-27 14:33
Hmmm. I have a feeling that you don't have any children. If I work all my life and am able to leave my children better off by leaving most of my assets to them then why should I not be able to. If I've built enough assets, maybe they will never have to face the grind of work and will be able to travel,study, teach...any number of things. Seems anti family to me to limit how much a parent can leave to a child.
 
 
0 # moonrigger 2014-05-28 15:13
I guess it all depends on how one earns their money. Most wealth isn't gained in a vacuum, where you yourself come up with the idea, the means of production, the power for running the producstion, etc. Many worker citizens paid for and built the infrastructure that helped make it possible to create this wealth, so our society is owed back some of it so we can keep this going. If we hoard the wealth, there's no way to keep the infrastructure going, because the money gets focused at the top. That's why we're in the crap we're in now.
 
 
+1 # Floe 2014-05-26 22:26
Change is slow. We're in stagnation and have been for years now. While technology strides forward at a rapid clip, we're still doing things the way we did last century. We still drive our fossil fuel cars, we still forfeit our lives at mindless jobs, we're still bonded to "making a living".

What's the next stage after this collective weariness? We haven't really tried to do anything different. I mean really different like developing a huge wave of action and stop paying the banks.
 
 
+1 # RLF 2014-05-27 05:40
We work longer than ever for less. We have forgotten what is important to buy chochkas we're told we just have to have. If we really are the wealthiest country on earth, then we should be seeing some benefits...but I've only seen things get worse and more crowded in the last 50 years.
 
 
0 # robcarter.vn 2014-05-27 03:26
How true 30 Gun Murders a year in UK compared to near 3,000 a year Americans Killed by American murder with gu8ns in USA suicides especially veterans no less shocking.

Shame on American loss of moral values proselytism to kill Islamists to promote just 8 of his 10 commandments. Forgetting "Vengeance is mine: he said Drone yourself and frack the rest yankees.
 
 
-1 # BKnowswhitt 2014-05-27 10:30
Would take a real sociologist to explain why and how societies break down in history. One of those is when a minority group has so much power they out the rest of the group. Seems to be happening here via dollars .. money almost always corrupts ... long as these idiots keep running the asylum .. it will continue .. the likelihood of further failures continues as well ... best thing is a collapse .. which could happen .. or world calamity ..
 
 
-1 # wolf 2014-05-27 20:41
Charles,

That was one of the best articles I've read in a hell of a long time.

You are absolutely right. And guess what? I've had war declared on me by Sonoma County, California; the same county that declared war on a 13 year old latino child with a toy gun - sold by another industry that profits from guns, even if indirectly.

It isn't just the crazy people who have guns, who use them to kill.

I blame my situation (sonomacountyis killingme.org) squarely on President Obama. He is our leader, he is THEIR leader too. And they, our governments, including county governments, look to our president for how to behave. And when Obama wants someone dead, he orders a Seal Team into action, or a drone flown by a CIA-led gamer in the desert of America somewhere.

Our president has skipped the whole due process thing; so why shouldn't the county do the same thing.


Why is this happening? You hit the nail on the head - because it is more profitable for us to be sick, mentally ill, shooting each other, afraid, stupid, ignorant, and wanting to be popular.

Television IS the cause; but not as people imagine (or rather, not as people were told by the television.)

Television is a cultural normalizer. If you don't watch television, you aren't "normal."

I say let's all have a truce, say, on July 10th. I think its appropriate to ask for this,, considering I was born a few days after Bobby died in the kitchen, and a couple months after King bled off that balcony.
 

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