BY STACI WILSON

Natural gas opponent Vera Scroggins was found to be in contempt of a March 26, 2014 preliminary injunction that bars her from a drilling company’s access roads, well sites and properties, according to a ruling handed down from the bench Wednesday in the Susquehanna County Court of Common Pleas.

The contempt matter was brought against her by Cabot Oil & Gas Corporation, the Houston, Texas, based drilling company that has sought to bar Scroggins from their property, drilling operations and the private access roads that lead to the natural gas well sites.

In addition to the contempt hearing, the court also heard arguments in the continuation of a settlement hearing from Oct. 29, 2014.

Judge Kenneth Seamans, who retired from the bench at the end of the year, returned to continue presiding over the case that began in October 2013.

After hearing testimony from Scroggins, as well as four witnesses, Judge Seamans found the anti-drilling activist was in indirect civil contempt when she parked her vehicle on a Cabot access road, located off Carter Rd., in Dimock Twp. on Jan. 16 while leading a tour group in the area.

The judge set penalties could be assessed in fines ranging from $300 to $1,000 per day. He also warned that if Scroggins failed to pay any fines assessed by the court, she could be incarcerated. A penalty hearing date was not immediately set by the court.

Scroggins was represented in the contempt matter by Witold Walczak, legal director of the ACLU of Pennsylvania. Walczak appeared in court Wednesday under a Cabot subpoena to produce documents in the settlement matter.
Scroggins had enlisted attorney Sheila Dugan as her counsel in the contempt hearing. But Dugan had not filed with the court to appear on behalf of Scroggins.

Walczak, along with Scott Michelman of Public Citizen – a Washington, D.C. based advocacy group – had asked the court in October to withdraw their representation of Scroggins after the negotiated settlement with the gas company fell through.

Called to the witness stand by Cabot attorney Amy Barrette, Scroggins told the court that she tells people on her tours about the restrictions placed upon her with the injunction limiting her from within 100-feet of Cabot’s access roads, gas well pads or developed sites. She said she also tells the gas tourists to not trespass or block traffic.

As a gas tour guide, Scroggins said she is familiar with the well sites and drilling activity in the area. She went on to add that tours also included people who have been “harmed” by the industry and ones with “contaminated water. That’s my main objective,” she said.

Scroggins was given a photo of signs posted at the Gesford 2 access road; and her testimony from the October hearing was reviewed where she indicated the site was “always part of my route.”

After perusing the court transcript, Scroggins said, “Since I see it in writing I can’t deny it.”

Scroggins told the court that on Jan. 16, she was giving a tour to three people – Trevor Clark and two French journalists.

Scroggins told the court she parked in the driveway of Carter Rd. homeowner, Patricia Farnelli and the three on the tour walked up the road to the Gesford 2 access road while she waited in her vehicle.

But that account was disputed by Jordan Huffman, who works for an oil and gas industry service company.

Huffman told the court he saw Scroggins’ vehicle parked about 20 feet onto the access road as he drove past and four people, including Scroggins, were on the access road about 15 to 20 feet from the gate.

He said he traveled further down the road and called his supervisor, who advised him to get the specific well site information and report the incident to Cabot.

Huffman said he saw then saw the car travel down the road and it was parked in the Farnelli drive when he passed by again. He told the court he then took a picture of the Scroggins.

On the stand both Clark and Farnelli backed up Scroggins’ account. Clark told the court they group did not stop at the access road but rather, walked to it from the private residence drive.

Farnelli also said she was in her home when she saw two or three people exit the vehicle and walk up the road.

Settlement matter continued
On the stand, Scroggins said she met with her attorney Gerald Kinchy to go over the agreement negotiated by her attorneys and Cabot on the injunction and that she refused to sign the document.

Cabot had proposed in October that the agreement was binding. The judge initially ordered in the gas company’s favor, then vacated the ruling to give Scroggins the opportunity to testify in the matter.

Scroggins said she found some of the wording in the agreement “disturbing.”

In both matters, Kinchy and Walczak accused Cabot of going on a fishing expedition to build their case against their client.