WV SORO
February 10, 2009

WV Farm Bureau State Leadership Abandons Membership

First we received a request from the state leadership of the West Virginia Farm Bureau (WVFB) that we issue a retraction of our press release, which indicated their support of surface owners' rights. Then we learned that Don Michael, Director of Government Affairs for the Farm Bureau, had written an article in the Independent Oil & Gas Association’s (IOGA) February newsletter (see page 5) touting the Farm Bureau’s close relationship with the industry.  In response we sent the following the state leadership in an e-mail:

"If anything we thought we were doing the Farm Bureau a favor by mentioning the organization's support for surface owners' rights in our release.  More and more it appears to WV-SORO that the state leadership of the Farm Bureau is more interested in making it known that it does not support WV-SORO's bills than it is in actually working to get something passed for the benefit of its membership.  We have not seen or heard of the leadership taking any action in Charleston over the past two years to help get legislation passed.  Further the article by Mr. Michael in the Feb. 2010 IOGA newsletter adds credence to our belief that the first priority of state leadership is to maintain its relationship with the industry.  It was shameless that Mr. Micheal's article mentioned all the meetings the Farm Bureau held jointly with the the oil and gas industry, and did not mention than many if not most were co-sponsored by WV-SORO, and that our lawyer was the principal speaker at almost every one of them.  That is disingenuous.  WV-SORO finds it unfortunate that we can not work together on this issue for the benefit of both our members.   The only thing we will attribute as the Farm Bureau's position in further public communications will be language from its written policy statements."

You can read the entire e-mail exchange here.

The state leadership has indicated that it has endorsed HB 4566, which was introduced on Friday.  Despite the good faith of Delegate Woody Ireland (R-Ritchie), the bill's lead sponsor, we believe WV-SORO and Farm Bureau members will be disappointed by the the less-than-halfway measures of HB 4566. (Click here for more on HB 4566.)

Ironically, of all the bills introduced this session to protect surface owners' rights with regard to oil and gas drilling the bill that most closely meets the “grassroots” policy approved at the WVFB's annual meeting in November is HB 3023, the Surface Owners' Bill of Rights.  Yet, according to the Farm Bureau website, WVFB is merely "monitoring" HB 3023 and HB 4408/SB 529, the Surface Owners' Rights Recognition Act, and has chosen instead to endorse a bill that does not does not have the incentives to negotiate and reach an agreement with the landowner or the improvements in enforcement and notice proposed in the Surface Owners Rights Recognition Act.

If you are a Farm Bureau member, please contact the state leadership in Buckhannon at 1-800-398-4630 and remind them that they work for you.  Ask them to clarify their position on surface owners’ rights and ask them what they are doing in Charleston to protect and further those rights. In addition, please contact your legislators. Let them know that you are a Farm Bureau member and that you support stronger surface owner protections than those endorsed by the state leadership.

E-Mail Exchange Between WV-SORO and WV Farm Bureau State Leadership
(NOTE: Names and e-mail addresses of individuals have been redacted, however you can find contact information for the state leadership of the WVFB here.)

[on 2/19/2010 WV Farm Bureau state leadership] wrote:

Actually, ... WVFB has been waiting for the introduction of HB 4566, which was introduced this week, and which we have endorsed.

From: [WV-SORO]
Sent: Friday, February 19, 2010 2:23 PM
To: [WV Farm Bureau state leadership]
Subject: Re: Press release RETRACTION

If anything we thought we were doing the Farm Bureau a favor by mentioning the organization's support for surface owners' rights in our release.  More and more it appears to WV-SORO that the state leadership of the Farm Bureau is more interested in making it known that it does not support WV-SORO's bills than it is in actually working to get something passed for the benefit of its membership.  We have not seen or heard of the leadership taking any action in Charleston over the past two years to help get legislation passed.  Further the article by Mr. Michael in the Feb. 2010 IOGA newsletter adds credence to our belief that the first priority of state leadership is to maintain its relationship with the industry.  It was shameless that Mr. Micheal's article mentioned all the meetings the Farm Bureau held jointly with the the oil and gas industry, and did not mention than many if not most were co-sponsored by WV-SORO, and that our lawyer was the principal speaker at almost every one of them.  That is disingenuous.  WV-SORO finds it unfortunate that we can not work together on this issue for the benefit of both our members.   The only thing we will attribute as the Farm Bureau's position in further public communications will be language from its written policy statements.

[on 2/16/2010 WV Farm Bureau state leadership] wrote:

Good morning,

Business ethics dictate that when one is preparing a press release, and mentions the name of another entity in that release, the other entity is given a draft of the release as a courtesy to review and approve/change before the release is sent to the media/public.

SORO gave us no such courtesy.  Moreover, your press release implied our support of the legislation, as evidenced by the responses we received from more than a dozen parties.

To suggest that we do not support surface owners rights is disingenuous.  We would request that you not use the name of West Virginia Farm Bureau in your releases at all.

From: [WV-SORO]
Sent: Sunday, February 14, 2010 6:21 PM
To: [Farm Bureau State Leadership]
Subject: Re: Press release RETRACTION

Our press release did not say that the Farm Bureau had specifically endorsed HB 4408 and SB 529.  At the end of our release we simply mentioned other organizations that have expressed support for or that have a policy statement supporting surface owners’ rights legislation to show that there is broad support for ensuring the rights of West Virginia landowners are recognized and respected by oil and gas well drillers.  The release simply said:

“Surface owners’ rights also has the support of the WV AFL-CIO, the WV Council of Churches, the WV Environmental Council and the WV Farm Bureau.”

Perhaps our release could have been clearer and we should have started the sentence as follows:

“Although they have not endorsed a specific bill, surface owners’ rights…”

Since the Farm Bureau does in fact have a written policy statement supporting private property and surface owners’ rights I don't see the need for a "retraction." However, as I believe [WV-SORO], indicated in the message he left on Friday if the Farm Bureau wants us to issue a release saying it doesn't support surface owners' rights then we can oblige on Monday.

[on 2/13/2010 WV-SORO] wrote:

What is our response to this.  Do I recall that there was something in writing to that effect that we received {regarding the Farm Bureau's support of surface owners' rights]?

[on 2/12/2010 WV Farm Bureau leadership] wrote:

Good morning –

Regarding the press release from the West Virginia Surface Owner’s Rights Organization dated February 10, 2010, concerning HB 4408 and SB 529 (Surface Owner’s Rights Recognition Act), West Virginia Farm Bureau has NOT endorsed these bills.

We must respectfully ask you to retract that release and issue a corrected version.

If you have any questions or concerns, please feel free to contact me.