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Warren City

The Community Rights action in Warren City, Warren County, Pennsylvania has been a dramatic chapter in rights-based organizing. On September 8th, 2011, CELDF filed a lawsuit against the Warren County Board of Elections to demand a Home Rule Charter Amendment, petitioned successfully by the West Side Alliance, appear on the ballot. On August 9th, Barb Lucia of the Alliance had submitted petitions to place the amendment before the voters, but the County Board voted unanimously to block the measure, without benefit of legal counsel.

With the filing of CELDF’s complaint and a review of the decision by the County Solicitor, the Board of Elections voted on September 12th to reverse its decision and allow the measure to go forward. But on September 28th the Warren City Council filed a twenty page lawsuit against the County Board of Elections to block it from placing the charter amendment question on the ballot. Using logic similar to that which prevailed in Peters Township that same week, CELDF filed on behalf of the West Side Alliance, asking the Court for Intervenor status to argue for the right of the community to vote on the measure. On October 6th the court ruled that the City Council had no standing to block the amendment question appearing on the ballot, and the injunction was denied.

City Council wasted no time filing an appeal, attempting once again to block the citizens of the City from seeing or voting on the charter amendment, which  would, if adopted, establish a local Community Bill of Rights and prohibit corporations from extracting fossil gas or transporting, storing, treating or disposing of waste products from fracking. The citizens prevailed—the Warren County court found for the people.

With the measure on the ballot, the citizens voted on November 8th, 2011.  Facing tremendous political opposition from local officials and the gas industry, the charter amendment was soundly defeated, garnering 38% of the vote. 

Times-Observer: Referendum Fails: Warren voters turn down change in city charter
by Eric Tichy, Times-Observer
November 9th, 2011
Residents in the City of Warren voted soundly Tuesday against an amendment to the city's Home Rule Charter regarding the treatment of Marcellus Shale frackwater. The referendum vote 795 Yes and 1,316 No ends the West Side Alliance' bid to ban the treatment of frackwater and natural gas extraction within the city and prohibit the storage, deposit or transport of produced water, frackwater or brine within Warren, at least through an amendment to the city's charter.
Times-Observer: Ballot question, plain language description
Times-Observer
November 5th, 2011
The exact text of the ballot question: Shall Article II of the City of Warren's Home Rule Charter be amended to add a "Bill of Rights" enumerating rights to water, natural communities, sustainable energy future and local self government; banning natural gas extraction, except installed and operating wells; banning deposit, storage or transport of natural gas extraction by-products; and elevating the rights created under this amendment above those rights claimed by persons or corporations violating this amendment?
Times-Observer: Referendum in Warren would amend city charter
by Ben Klein, Times-Observer
November 5th, 2011
Residents of the City of Warren will vote Tuesday, Nov. 8 on a referendum that would amend the city's charter and ban the treatment of Marcellus Shale frackwater and natural gas extraction within the city, prohibit the storage, deposit or transport of "produced water" "frackwater," brine or other materials, chemicals or byproducts from unconventional development of natural gas from shale formation within Warren. What the referendum will allow and not allow within the city has been debated by the West Side Alliance, the group formed last year to oppose the proposed waste water treatment plant on the city's west end and petitioned the referendum for the ballot; the Community Environmental Legal Defense Fund, which provides legal services for the West Side Alliance; city officials; some local businesses; and the Pennsylvania Independent Oil and Gas Association.
Times-Observer: Referendum (Letter to the editor)
by Jim Decker, WCCBI President/CEO, Times-Observer
November 2nd, 2011
The Affirmation of the proposed referendum on November 8, which would direct the City of Warren to amend its Home Rule Charter to prohibit extraction of natural gas within the City as well as prohibit the storage, deposit or transfer of by-products of the extraction process "within, upon or through the land, air or waters of the City of Warren" is strongly opposed by the Warren County Chamber of Business & Industry (WCCBI).
Times-Observer: Referendum (Letter to the editor)
by Susan George, Times-Observer
November 2nd, 2011
Words of Wisdom: When the last tree is cut, When the last river is emptied, when the last fish is caught....
Times Observer: Referendum (Letter to the editor)
by Gregory and Jennifer Morell, Times-Observer
November 2nd, 2011
It is important that the citizens of the City of Warren have some form of input as to whether they would agree with allowing Marcellus Shale drilling within the City limits as well as processing of the waste water associated with Marcellus Shale.
Times-Observer: City Wells (letter to the editor)
by Dan Lucia, Times-Observer
November 2nd, 2011
Many thanks to the writer of the recent letter ("Do the Math" on 10/29/11) disclosing the city's plans for what he describes as "new horizontal wells". While I am always happy to get any information from the City, I wonder why he fears the Referendum will affect any of the City's activities?
Times-Observer: Letter to the Editor - Do the math
by James A. Zavinski, Sr.,, Times-Observer
October 28th, 2011
As a Warren city councilman, maintaining the financial health of our city is one of my highest priorities. Council works hard to get the most out of our tax dollars and provide the most efficient services to our community.
Times-Observer: Local Ruling Upheld
by Ben Klein, Observer-Reporter
October 21st, 2011
The referendum filed by the West Side Alliance will remain on the ballot for City of Warren voters for the Nov. 8 general election.... Thomas Linzey, attorney for the Community Environmental Legal Defense Fund, and intervenor on behalf of the West Side Alliance, said the court's decision was the correct one....[T]his case was nothing less than the City suing its own residents to prevent them from exercising democratic authority to decide for themselves."
Times-Observer: Local court order upheld
Times-Observer
October 20th, 2011
The West Side Alliance petitioned charter amendment will appear on the ballot on November 8th, despite two attempts by the City Council to have an injunction imposed by the courts. The court rejected their attempt to block the voters from adopting a Community Bill of Rights, a ban on fracking, and a prohibition on the storage, transport or disposal of frackwater in the city.
The Times-Observer: Ruling expected this week on city referendum
by Ben Klein, The Times-Observer
October 18th, 2011
Legal briefs have been filed in Warren's appeal to Commonwealth Court of Pennsylvania over the disputed referendum to amend the city's charter in the Nov. 8 general election. The city filed an appeal to Judge Maureen Skerda's Oct. 6 decision to deny the city's request that the county Board of Elections be stopped from placing the referendum on the ballot on Oct. 10.
The Times-Observer: City Council discusses referendum question
by Josh Cotton, The Times-Observer
October 18th, 2011
The referendum question for city voters at next month's election was the hot topic at Monday evening's meeting of Warren City Council. Solicitor Andrea Stapleford updated council on the legal status of the case. She told council that Common Pleas Court Judge Maureen Skerda filed her brief Monday with Commonwealth Court and that all the city can do now is "wait for a decision."
The Times-Observer: City files appeal on ballot question
by Ben Klein, The Times-Observer
October 11th, 2011
The City of Warren filed an appeal with Commonwealth Court on Monday to stop a referendum placed on the ballot in November by the West Side Alliance...."It's our position that it's an illegal, non-binding advisory question, that should not be placed on the ballot," [City Solicitor Andrea Stapleford] said during a meeting Monday at the municipal building....
The Times-Observer: Court: Question On Ballot In City
by Ben Klein, The Times-Observer
October 7th, 2011
It's up to the voters now. A referendum to amend the city's charter that would ban the treatment of Marcellus Shale frackwater and natural gas extraction within the city, prohibit the storage, deposit or transport of "produced water" "frackwater," brine of other materials, chemicals or byproducts within Warren will be on the ballot in the Nov. 8 election.
The Times-Observer: 3rd party joins lawsuit
by Ben Klein, The Times-Observer
September 29th, 2011
A third party has jumped into the lawsuit filed by the City of Warren against the Warren County Board of Elections. The West Side Alliance has filed an uncontested petition for intervention in the city's case against the Warren County Board of Elections on Wednesday at the Warren County Courthouse. Tom Linzey of the Community Environmental Legal Defense Fund said the petition will allow the West Side Alliance to be a formal party and make arguments at future proceedings.
The Times-Observer: City Sues County Over Ballot
by Bob Klein, The Times-Observer
September 28th, 2011
The City of Warren has filed a 20-page lawsuit seeking a petition for relief against the Warren County Board of Elections to stop the placement of a referendum on the November general election ballot...."It is very unusual for a municipality to challenge the exercise of the initiative process by their own residents," [Thomas] Linzey said of the lawsuit. "Basically, they are suing their own residents."
The Times Observer: County certifies ballot question in Warren
by Ben Klein, The Times Observer
September 21st, 2011
The Warren County Board of Elections certified a plain English summary and ballot question submitted by the West Side Alliance for placement on the City of Warren ballot in the November general election on Tuesday.
Letter to the City Council of Warren City, from Mrs. Karen Davis
September 21st, 2011
I oppose the City of Warren bringing suit (using our tax dollars) against the referendum question proposed by the Westside Alliance group of which I am a member.
Times-Observer: City to oppose referendum
by Josh Cotton, Times-Observer
September 20th, 2011
Warren City Council voted unanimously on Monday night to pursue legal action should the West Side Alliance succeed in having its referendum regarding the transportation, within city limits, of waste water from Marcellus Shale operations placed on the ballot this November.
Times-Observer: Ballot issue ready
by Ben Klein and Brian Ferry, Times-Observer
September 19th, 2011
The Warren County Board of Elections has completed a ballot question and plain English statement that may appear on the Nov. 8 general election ballot.... The ballot question reads: "Shall article II of the City of Warren's Home Rule Charter be amended to add a "Bill of rights" enumerating rights to water, natural communities, sustainable energy future and local self government; banning natural gas extraction, except installed and operating wells; banning deposit, storage or transport of natural gas extraction by products; and elevating the rights created under this amendment above those rights claimed by persons or corporations violating this amendment?"
Times Observer: Referendum Revived
by Ben Klein, Times Observer
September 13th, 2011
The referendum is back on the ballot for City of Warren voters. On Monday morning, the Warren County Board of Elections reversed its previous decision to deny the West Side Alliance's proposed referendum to amend the city's charter and ban the treatment of Marcellus Shale frackwater. It would also ban natural gas extraction within the city and prohibit the storage, deposit or transport of "produced water," "frackwater," brine of other materials, chemicals or byproducts within Warren.
CELDF Press Release: “Legal Defense Fund Prevails Over Warren County Board of Elections”
by CELDF
September 13th, 2011
By a unanimous vote, the Warren County Board of Elections today reversed their decision to prevent a petitioned Home Rule Charter Amendment from appearing on the November ballot.
Times Observer: Group sues to challenge ballot ruling
by Eric Tichy, Times Observer
September 9th, 2011
West Side Alliance - a group formed last year to advocate against a frackwater treatment plant in Warren - filed a lawsuit Thursday against the Warren County Board of Elections. The lawsuit was filed in the Warren County Court of Common Pleas civil division a day after the Board of Elections nixed a petition to force a referendum question on the November ballot to place a ban on frackwater treatment in the City of Warren. They board cited failures of West Side Alliance to follow procedures, not meeting legal requirements and violation of the city's home rule charter law when filing the petition as reasons for turning down the ballot question.
Times Observer: Board to meet on referendum in Warren
by Colin Kyler, Times Observer
September 2nd, 2011
City voters may be faced with an issue in November which could have far-reaching impact. Warren County Voter Registrar Lisa Zuck said the County Board of Elections will meet at 8:30 a.m. Tuesday, Sept. 6, in the commissioners' conference room of the Warren County Courthouse. They will review a ballot question to amend the city's charter and its plain English summary, she said, and it has not been officially accepted or certified until then. The proposed ballot question asks if the Warren City Home Rule Charter should be amended to add a bill of rights. The bill includes rights to water, natural communities, a sustainable energy future and self-government.
Times-Observer: Gas well prohibition will be on city ballot
by Colin Kyler, Times Observer
August 31st, 2011
Officials have reviewed petitions to place a referendum on the November ballot to amend the the City of Warren's charter to prohibit drilling for natural gas within city limits. County Solicitor Barry Klenowski said the process to get the amendment on the ballot was proper. In the five years he has been solicitor, he said it was the first referendum he had seen at the county level. Barb Lucia of West Side Alliance said she was happy about the results of the review. Now, she said attention will focus on the general election.