The Dr. Lucinda Hart-Gonzalez Conservation Easement

“THE DR. LUCINDA HART-GONZÁLEZ CONSERVATION EASEMENT”

What and Where: A first-in-the-nation Conservation Easement by a private landowner to declare and protect the Rights of Nature, ecosystems and natural communities present on his 50-acre organic farm at 2771 Paradise Road, Reynoldsville, PA (located in the Paradise Community of Henderson Township, Jefferson County, Pennsylvania.

Who: An easement held jointly by Dr. J. Stephen Cleghorn, owner of Paradise Gardens and Farm, the Community Environmental Legal Defense Fund and Nature itself. Contact Stephen at 814-427-6050

When:  Dated November 14, 2012, the first anniversary of the death of Dr. Lucinda Hart-González by lung cancer, in her honor and to protect her legacy of building this farm.

Why: To put the Rights of Nature first and ban all activities on the surface and below the surface of the property that would harm Nature and its ecosystems and natural communities. The practice known as “fracking” for methane gas in the Marcellus Shale below the property is thus prohibited

THE ENTIRE TEXT OF THE EASEMENT FOLLOWS:
(Note from Stephen Cleghorn: some of these items are specific to my farm and circumstances. Not all of these items are necessary to create such an easement. Those who might be interested in discussing such an easement for their land should get in contact with Thomas Linzey at the Community Environmental Legal Defense Fund, (717) 498-0054)

Prepared by:

Name:            The Community Environmental Legal Defense Fund, Inc.

Address:        P.O. Box 360, Mercersburg, Pennsylvania 17236

Telephone:    (717) 498-0054

Tax Parcel(s): 13-488-131

GRANT OF “THE DR. LUCINDA HART-GONZÁLEZ CONSERVATION EASEMENT”

THIS GRANT OF CONSERVATION EASEMENT (this “Grant”) dated as of November 14, 2012 (the “Easement Date”) is by and between James Stephen Cleghorn (“the Owner”), Nature as present within and manifested by the Ecosystems and Natural Communities existing on the subject Property and those Ecosystems and Natural Communities dependent upon the subject Property, and the Community Environmental Legal Defense Fund, Inc. (collectively referred to as the “Holders”).

Article I.                                   Background

1.01            Property

The undersigned Owner is the sole owner in fee simple of the Property described in Exhibit “A” (the “Property”).  The Property is also described as:

Street Address: 2771 Paradise Road, Reynoldsville, PA 15851

Municipality: Henderson

County: Jefferson                                                                                   State:         Pennsylvania

Parcel Identifier: 13-488-131                                                               Acreage:            50 ±

1.02            Conservation Plan

Attached as Exhibit “B” is a survey or other graphic depiction of the Property (the “Conservation Plan”).

1.03            Conservation Objectives

By this Grant, the undersigned Owner imposes a conservation servitude (the “Conservation Easement”) on the Property that recognizes, creates and secures the Rights of Nature and its ecosystems and natural communities present on the Property. Collectively, the “Conservation Objectives” set forth below prohibit and limit activities that would violate those Rights of Nature. In addition, this Conservation Easement requires that the Property remain forever in use as an organic farm abiding by guidelines and regulations promulgated either by the United States Department of Agriculture’s National Organic Standards or by the nonprofit Certified Naturally Grown organization, or their successors in law and function

(a)     Rights of Nature Objectives – the primary objective of this easement is to recognize, create and secure the Rights of Nature as present within and manifested by the ecosystems and natural communities that exist on, and those that are dependent upon, the Property.  Nature, its ecosystems and natural communities possess rights to exist, flourish, and naturally evolve. Ecosystems and natural communities shall include, but not be limited to, the following systems and communities –

(i.)     Water Ecosystems. To recognize, create, and secure the rights of streams, rivers, groundwater, surfacewater, and waterways to exist, flourish, and naturally evolve.

(ii)      The Atmospheric Ecosystem.  To recognize, create and secure the right of all life to clean air (all naturally occurring component gases, particulate matter and moisture of the atmosphere) insofar as that is intrinsically part of Nature’s physical means and environment for sustaining the lives of all vegetative, animal and human life.

(iii)     Forest, Woodland and Other Vegetative Ecosystems. To recognize, create and secure the rights of forests, woodlands, and other vegetative systems to exist, flourish, and naturally evolve.

(iv)     Wildlife and Natural Communities. To recognize, create and secure the rights of wildlife, natural communities, and all subsurface life forms and ecosystems which comprise the “deep biosphere,” to exist, flourish, and naturally evolve.

(v.)      Sustainable Land Uses. To ensure that Agriculture, Forestry, and other uses, to the extent that they are permitted, are conducted in a manner that do not, and will not violate the rights  of ecosystems and natural communities as created, recognized, and secured pursuant to this Grant.

(b) Organic Agriculture Objective – beyond certain permitted improvements as described in Article III below, the entirety of the Property shall remain in use as a certified organic farm.

1.04            Baseline Documentation

As of the Easement Date, the undersigned Owner and the Holder Community Environmental Legal Defense Fund have signed for identification purposes the report (the “Baseline Documentation”), to be kept on file at the principal office of the Legal Defense Fund, that contains an original, full-size version of the Conservation Plan and other information sufficient to identify on the ground the ecosystems and natural communities identified in this Article; that describes Existing Improvements; and that includes, among other information, photographs depicting existing conditions of the Property as of the Easement Date.

1.05            Structure of Grant

In Articles II, III and IV, the undersigned Owner imposes restrictive covenants on the Property in support of the Conservation Objectives. Then, in Article V, the Owner vests in Nature, as manifest in the ecosystems and natural communities existing on the Property, or those dependent upon the Property, certain rights, and they vest in the Holder Community Environmental Legal Defense Fund – and other persons with an interest in the protection of the rights of ecosystems and natural communities existing on the Property, or dependent upon the Property – the right to enforce the Rights of Nature and its ecosystems and natural communities. Article VI addresses potential violations and remedies. Article VII addresses miscellaneous other matters.  Initially capitalized terms not defined in this Article I are defined in Article VIII.

1.06            Federal Tax Items

(a)     Qualified Conservation Contribution

The Conservation Easement has been donated in whole or in part by the undersigned Owner.  The donation of the Conservation Easement by this Grant is intended to qualify as a charitable donation of a partial interest in real estate (as defined under §170(f)(3)(B)(iii) of the Code) to a qualified organization (a “Qualified Organization”) as defined in §1.170(A-14(c)(1) of the Regulations. If the Conservation Easement is transferred to any Person, that Person must commit to hold the Conservation Easement exclusively for conservation purposes as defined in the Regulations.

(b)     Public Benefit

The undersigned Owner has granted the Conservation Easement to provide a significant public benefit (as defined in §1.170A-14(d)(4) of the Regulations).  In addition to the public benefits described in the Conservation Objectives, the Baseline Documentation identifies public policy statements and other factual information supporting the significant public benefit of the Conservation Easement.

(c)     Mineral Interests

Under this Grant, the Owner asserts the following:

A qualified mineral interest in the Property exists, and it is the intent of the Owner and Holders that the provisions of this Grant apply to the extraction of that mineral interest, requiring any mineral extraction to abide by the provisions of this Grant, and that the extraction is to be exercised only in a manner that does not violate the Rights of Nature as present within and manifested by the ecosystems and natural communities existing on the Property, or those that are dependent upon the Property. Any extraction of mineral interests that cannot be carried out without violating the rights of Nature is prohibited as constituting a de facto and de jure violation of this easement.

(d)     Notice Required under Regulations

To the extent required for compliance with §1.170A-14(g)(5)(ii) of the Regulations, and only to the extent such activity is not otherwise subject to Review under this Grant, Owner agrees to notify Holder Community Environmental Legal Defense Fund before exercising any reserved right that may violate, or infringe upon, the Rights of Nature as present within and manifested by the ecosystems and natural communities as secured by this Grant.

(e)     Property Right

In accordance with §1.170A-14(g)(6) of the Regulations, the undersigned Owner agrees that, in addition to recognizing, creating and securing the Rights of Nature as present within and manifested by the ecosystems and natural communities, that the grant of this Conservation Easement gives rise to a property right, immediately vested in the Holder Community Environmental Legal Defense Fund, that entitles the Holder to compensationupon extinguishment of the easement.

(f)      Qualification under §2031(c) of the Code. To the extent required to qualify for exemption from federal estate tax under §2031(c) of the Code, and only to the extent such activity is not otherwise prohibited or limited under this Grant, Owner agrees that commercial recreational uses are not permitted within the Property.

(g)     Acknowledgment of Donation

Except for such monetary consideration (if any) as is set forth in this Article, Holder Community Environmental Legal Defense Fund acknowledges that no goods or services were received in consideration of this Grant.

(h)     No Representation of Tax Benefits

The undersigned Owner represents, warrants and covenants to Holders that:

                                                 (i)            The undersigned Owner has not relied upon any information or analyses furnished by Holders with respect to either the availability, amount or effect of any deduction, credit or other benefit to Owner under Applicable Law; or the value of the Conservation Easement or the Property.

                                               (ii)            The undersigned Owner has relied solely upon his own judgment and/or professional advice furnished by the appraiser and legal, financial and accounting professionals engaged by the undersigned Owner.   If any Person providing services in connection with this Grant or the Property was recommended by Holder Community Environmental Legal Defense Fund, the undersigned Owner acknowledges that the Holders are not responsible in any way for the performance of services by these Persons.

                                              (iii)            This Grant is not conditioned upon the availability or amount of any deduction, credit or other benefit under Applicable Law.

1.07            Beneficiaries

This Grant confers rights and remedies upon persons other than the Owner and Holders specifically named in this Grant. Specifically, rights created, recognized, and secured by this grant may be enforceable by any natural person with an interest in the protection and preservation of the Rights of Nature, as present within and manifested by the ecosystems and natural communities existing on the subject Property, and those ecosystems and natural communities dependent upon the subject Property. Any such person may seek to enforce the rights created, recognized, and secured by this Grant, subject to the methods and process of enforceability outlined within this Grant.

1.08            Consideration

The undersigned Owner acknowledges receipt, as of the Easement Date, of the sum of $1.00 in consideration of this Grant.

Article II.                                 Transfer; Subdivision

2.01            Transfer

(a)     Notice Required

Not less than thirty (30) days prior to transfer of the Property or any Lot, Owner must notify Holder Community Environmental Legal Defense Fund of the name(s) and address for notices of the Persons who will become Owner(s) following the transfer.

(b)     Prior to Transfer

Owner authorizes Holder Community Environmental Legal Defense Fund to (i) contact the Persons to whom the Property or Lot will be transferred, and other Persons representing Owner or the prospective transferees, to discuss with them this Grant and, if applicable, other pertinent documents; and (ii) enter the Property to assess compliance with this Grant.

(c)     Ending Continuing Liability

Owner prior to transfer is liable, on a joint and several basis with the Owner(s) following the transfer, for the correction of violations and discharge of other obligations of Owner under this Grant. This provision continues to apply until Holder Community Environmental Legal Defense Fund has been notified of the transfer, inspects the Property, and reports no violations observed during such inspection.

2.02            Prohibitions

No transfer of a Lot independent of the remainder of the Property; no change in the boundary of any Lot; and no other Subdivision is permitted, except as set forth below.

2.03            Permitted Changes

The following changes are permitted:

(a)     Transfer to Qualified Organization

Subject to Review, creation of a Lot for transfer to a Qualified Organization for park, nature preserve, public trail or other conservation purposes approved by Holder Community Environmental Legal Defense Fund after Review.

(b)     Transfer of Rights of Possession or Use

Subject to Review, transfer of possession or use (but not ownership) of one or more portions of the Property, including subsurface portions of the Property, for purposes permitted under, and subject to compliance with, the terms of this Grant.  Leases of space within Improvements are not subject to Review.

2.04            Requirements

(a)     Establishment of Lots; Allocations

Prior to transfer of a Lot following a Subdivision, Owner must (i) furnish Holder Community Environmental Legal Defense Fund with the plan of Subdivision approved under Applicable Law and legal description of the each Lot created or reconfigured by the Subdivision; (ii) mark the boundaries of each Lot with permanent markers; and (iii) allocate in a document recorded in the Public Records those limitations applicable to more than one Lot under this Grant. This information will become part of the Baseline Documentation incorporated into this Grant.

(b)     Amendment

Holder may require Owners to execute an Amendment of this Grant to reflect any change to the description of the Property set forth in Exhibit “A” or any other changes and allocations resulting from Subdivision that are not established to the reasonable satisfaction of Holder Legal Defense Fund by recordation in the Public Records of the plan of Subdivision approved under Applicable Law.

Article III.                              Improvements

3.01            Prohibition

Improvements within the Property are prohibited except as permitted below in this Article.

3.02            Permitted Improvements

The following Improvements are permitted on the Property:

(a)     Existing Improvements

Any Existing Improvement may be maintained, repaired and replaced in its existing location.  Existing Improvements may be expanded or relocated if the expanded or relocated Improvement complies with requirements applicable to Additional Improvements of the same type.

(b)     Existing Agreements

Improvements that Owners are required to allow under Existing Agreements are permitted.

(c)     Additional Improvements

The following Additional Improvements are permitted:

                   (i)            Construction and use of two additional single-family homes, which may result in the development of up to ten acres of land covered by this easement, as chosen by the Owner. That improvement shall include the drilling and use of two new water wells to service those homes.

                 (ii)            Construction of additional shelters for livestock and farm equipment as needed.

               (iii)            Fences, walls and gates, not to exceed four (4) feet in Height or such greater Height as is approved by Holder Community Environmental Legal Defense Fund after Review.

              (iv)            Regulatory Signs.

              (v)            Habitat enhancement devices such as birdhouses and bat houses.

              (vi)            Trails covered (if at all) by wood chips, gravel, or other highly porous surface.

              (vii)            Subject to Review, footbridges, stream crossing structures and stream access structures.

              (viii)            Subject to Review, Access Drives and Utility Improvements to service Improvements within the Property but only if there is no other reasonably feasible means to provide access and utility services to the Property.

             (ix)            Subject to Review, Improvements for generating and transmitting Renewable Energy but only if located wholly beneath the surface at a depth at which there can be no impairment of water or other systems described in the Conservation Objectives.

Article IV.  Activities; Uses; Disturbance of Ecosystems and Natural Communities

4.01            Prohibition

Activities and uses are limited to those permitted below in this Article and provided in any case that the intensity or frequency of the activity or use does not materially and adversely affect maintenance or attainment of Conservation Objectives.

4.02            Density Issues under Applicable Law

(a)     Transferable Development Rights

Owner may not transfer for use outside the Property (whether or not for compensation) any development rights allocated to the Property under Applicable Law.

4.03            Permitted on the Property

The following activities and uses are permitted on the Property:

(a)     Existing Agreements

Activities, uses and Construction that Owner is required to allow under Existing Agreements.

(b)     Disturbance of Ecosystems and Natural Communities

                                                 (i)            Activities necessary for the construction and use of two additional single-family residential dwellings on the property, and the use of up to ten acres of the property for that use. The drilling and use of two new water wells to service those dwellings shall be included within this permitted use.

                                               (ii)            Cutting trees, Construction or other disturbance of existing ecosystems and natural communities, including removal of Invasive Species, to the extent necessary to protect the rights of ecosystems and natural communities under this Grant.  Owners must take such steps as are reasonable under the circumstances to consult with Holder Community Environmental Legal Defense Fund prior to taking actions that, but for this provision, would not be permitted or would be permitted only after Review.

                                              (iii)            Planting a diversity of Native Species of trees, shrubs and herbaceous plant materials in accordance with Best Management Practices.

                                             (iv)            Removal and disturbance of soil, rock and vegetation to the extent reasonably necessary to accommodate Construction of Improvements with restoration as soon as reasonably feasible by replanting with a diversity of Native Species of trees, shrubs and herbaceous plant materials in accordance with Best Management Practices.

                                               (v)            Vehicular use in the case of emergency and, subject to applicable limitations (if any), in connection with activities or uses permitted on the Property.

                                             (vi)            Except within Wet Areas, cutting or removing trees, standing or fallen, but only if the aggregate inside bark diameter of stumps (one foot above ground on the uphill side) does not exceed 200 inches per year and only for use within the Property.

                                            (vii)            Subject to Review, removal of vegetation to accommodate replanting with a diversity of Native Species of trees, shrubs and herbaceous plant materials.

                                          (viii)            Generation of Renewable Energy and transmission of such energy if and to the extent Improvements for that purpose are permitted under Article III.

                                             (ix)            Agricultural activities, but only such activities which conform to the United States Department of Agriculture’s National Organic Standards guidelines and regulations.

                                               (x)            Other management activities that Holder Community Environmental Legal Defense Fund, without any obligation to do so, determines are consistent with the rights of ecosystems and natural communities as delineated within this Grant.

(c)     Release and Disposal

                                                 (i)            Application of manure and plant material, both well-composted and raw, and, subject to compliance with manufacturer’s recommendations, other substances to promote the health and growth of vegetation.  These permitted substances do not include sewage sludge, biosolids, septic system effluent and related substances. “Sewage sludge” and “biosolids” shall be defined, for purposes of this sub-section, as defined under applicable Pennsylvania law.

                                               (ii)            Piling of brush and other vegetation to the extent reasonably necessary to accommodate activities or uses permitted within on the Property.

(d)     Other Activities

Activities that do not require Improvements other than trails and do not materially and adversely affect the Rights of Nature as present within and manifested by ecosystems and natural communities as created, recognized, and secured by this Grant, such as the following: (i) walking, horseback riding on trails, cross-country skiing, bird watching, nature study, fishing and hunting; and (ii) educational, interpretive, or scientific activities consistent with and in furtherance of the Conservation Objectives. Vehicular use is not permitted in connection with the activities permitted under this subsection, unless Holder Community Environmental Legal Defense Fund, without any obligation to do so, approves the use after Review.

Article V.                               Rights and Duties of Holder and Beneficiaries

5.01            Grant to Holder

(a)     Grant in Perpetuity

By signing this Grant and unconditionally delivering it to Holder Community Environmental Legal Defense Fund, the undersigned Owner, intending to be legally bound, grants and conveys to Holder Community Environmental Legal Defense Fund a Conservation Easement over the Property in perpetuity for the purpose of advancing the Conservation Objectives and administering and enforcing the restrictions and limitations set forth in Articles II, III, and IV in furtherance of the Conservation Objectives. The Owner, intending to be legally bound, also grants and conveys to Nature as present within, and manifested by, the ecosystems and natural communities on the Property, or those dependent upon the Property, in perpetuity legal rights as delineated in this Grant, and recognizes the Holder Community Environmental Legal Defense Fund as a trustee of those rights for the sole purpose of entering into this Grant on behalf of Nature and its ecosystems and natural communities.

(b)     Superior to all Liens

The undersigned Owner warrants to Holder Community Environmental Legal Defense Fund that the Property is, as of the Easement Date, free and clear of all Liens.

5.02            Rights of Holder Ecosystems and Natural Communities

The items set forth below are rights recognized as essential to, and vested in, the Holder Nature and its ecosystems and natural communities by this Grant:

(a)     Rights to Exist and Flourish

Ecosystems and natural communities existing on the Property, and those dependent upon the Property, possess the right to exist, flourish, and naturally evolve.

(b)     Right to Restoration

Ecosystems and natural communities existing on the Property, and those dependent upon the Property, possess the right to be restored in the event of the violation of their rights that results in a diminishment of the functioning or health of the ecosystem or natural community.

(c)     Enforcement

Holder Community Environmental Legal Defense Fund, and any natural person with an interest in protecting and enforcing the Rights of Nature and its ecosystems and natural communities, shall possess standing to enforce the Rights of Nature and its natural communities and ecosystems as created, recognized, and secured by this Grant, in any court of competent jurisdiction. Any damages recovered by those actions shall be paid to the Holder Community Environmental Legal Defense Fund to be used exclusively for restoration of the damaged natural community or ecosystem to its pre-damaged state. If the ecosystem or natural community is incapable of repair, those damages shall be used to either restore other ecosystems or purchase lands elsewhere that can be used to protect ecosystems of equal quality and extent.

(d)     Subordinancy of Corporate “Rights”

The rights created, recognized, and secured by this Grant for Nature and its ecosystems and natural communities shall never be subordinated to claimed corporate “rights.” Accordingly, corporations in violation of the provisions of this Grant, or corporations seeking to violate the provisions of this Grant, shall not possess the rights of “persons,” nor access to legal protections afforded to persons by the United States or Pennsylvania Constitutions, nor shall those corporations be afforded rights under the First or Fifth Amendments to the United States Constitution or corresponding sections of the Pennsylvania Constitution, nor shall those corporations be afforded the protections of the Commerce or Contracts clauses within the United States Constitution or corresponding sections of the Pennsylvania Constitution.

(e)     Subordinancy of Corporate “Rights”

The rights created, recognized, and secured by this Grant for Nature and its ecosystems and natural communities shall never be subordinated to claimed corporate “rights.” Accordingly, corporations in violation of the provisions of this Grant, or corporations seeking to violate the provisions of this Grant, shall not possess the authority or power to enforce State or federal preemptive law to overturn provisions of this Grant.

(f)      Subordinancy of State and Federal Permits

No permit, license, privilege or charter issued by any State or federal agency, Commission, or Board that violates the rights of ecosystems or natural communities recognized by this Grant, shall be deemed valid.

5.03     Rights and Duties of Holder Legal Defense Fund

The items set forth below are both rights and duties vested in Holder Community Environmental Legal Defense Fund by this Grant:

(a)     Enforcement

To enter the Property to investigate a suspected, alleged or threatened violation and, if found, to enforce the terms of this Grant by exercising Holder’s remedies in Article VI.

(b)     Inspection

To enter and inspect the Property for compliance with the requirements of this Grant upon reasonable notice, in a reasonable manner and at reasonable times.

(c)     Review

To exercise rights of Review in accordance with the requirements of this Article.

(d)     Interpretation

To interpret the terms of this Grant and, at the request of Owner, furnish Holder’s explanation of the application of such terms to then-existing, proposed or reasonably foreseeable conditions within the Property.

5.04            Other Rights of Holder Community Environmental Legal Defense Fund

The items set forth below are also rights vested in Holder Community Environmental Legal Defense Fund by this Grant; however, Holder, in its discretion, may or may not exercise them:

(a)     Amendment

To enter into an Amendment with Owner if Holder determines that the Amendment is consistent with and in furtherance of the Conservation Objectives; will not result in any private benefit prohibited under the Code; and otherwise conforms to Holder’s policy with respect to Amendments.

(b)     Signs

To install one or more signs within the Property identifying the interest of Holder Community Environmental Legal Defense Fund, or the Rights of Nature and its ecosystems and natural communities, as recognized by this Grant.  Any signs installed by Holder do not reduce the number or size of signs permitted to Owners under Article III.  Signs are to be of the customary size installed by Holder Community Environmental Legal Defense Fund, as the case may be, and must be installed in locations readable from the public right-of-way and otherwise reasonably acceptable to Owner.

(c)     Proceedings

To assert a claim, defend or intervene in, or appeal, any proceeding under Applicable Law that (i) pertains to the impairment of Conservation Objectives; or (ii) may result in a transfer, Improvement or use that violates the terms of this Grant.

5.05            Review

The following provisions are incorporated into any provision of this Grant that is subject to Review:

(a)     Notice to Holder Community Environmental Legal Defense Fund

At least thirty (30) days before Owner begins or allow any Construction, activity or use that is subject to Review, Owner must notify Holder of the change including with the notice such information as is reasonably sufficient to comply with Review Requirements and otherwise describe the change and its potential impact on Nature and its ecosystems and natural communities existing on, and dependent upon, the Property.

(b)     Notice to Owners

Within thirty (30) days after receipt of Owner’s notice, Holder Community Environmental Legal Defense Fund must notify Owner of Holder’s determination to (i) accept Owner’s proposal in whole or in part; (ii) reject Owner’s proposal in whole or in part; (iii) accept Owner’s  proposal conditioned upon compliance with conditions imposed by Holder; or (iv) reject Owner’s notice for insufficiency of information on which to base a determination.  If Holder Legal Community Environmental Defense Fund gives conditional acceptance under clause (iii), commencement of the proposed Improvement, activity, use or Construction constitutes acceptance by Owner of all conditions set forth in Holder’s notice.

(c)     Failure to Notify

If Holder Community Environmental Legal Defense Fund fails to notify Owner as required in the preceding subsection, the proposal set forth in Owner’s notice is deemed approved.

(d)     Standard of Review

                                                 (i)            The phrase “unless Holder, without any obligation to do so,” in relation to an approval or determination by Holder Community Environmental Legal Defense Fund, means that, in that particular case, Holder’s approval is wholly discretionary and may be given or withheld for any reason or no reason.

                                               (ii)            In all other cases, Holder’s approval is not to be unreasonably withheld. It is not unreasonable for Holder to disapprove a proposal that may adversely affect the Rights of Nature and its ecosystems or natural communities described in this Grant.

Article VI.                             Violation; Remedies

6.01            Breach of Duty

If Holder Legal Community Environmental Defense Fund fails to enforce the terms of this Grant, or the Rights of Nature and its ecosystems and natural communities as delineated by this Grant are not enforced by Holder Community Environmental Legal Defense Fund or by other natural persons, or Holder Community Environmental Legal Defense Fund ceases to qualify as a Qualified Organization, then this Conservation Easement may be transferred to another Qualified Organization by a court of competent jurisdiction.

6.02            Violation

If Holder Community Environmental Legal Defense Fund, or natural persons with an interest in protecting and enforcing the rights of ecosystems and natural communities, determines that the Rights of Nature and its ecosystems or natural communities have been violated or that a violation is threatened or imminent, then the provisions of this section will apply:

(a)     Notice

Holder Community Environmental Legal Defense Fund, or any natural person with an interest in protecting and enforcing the Rights of Nature and its ecosystems and natural communities, must notify Owner of the violation or threatened violation, if the Owner is responsible for the violation or is threatening to violate this easement. If another party is responsible for the violation then notice shall be sent to that party.  Notice may include recommendations of measures to be taken by Owner or by other parties to cure the violation and restore damaged ecosystems and natural communities to their pre-violation condition. Owner and other parties shall, upon receipt of any notification pursuant to this section, provide Holder Community Environmental Legal Defense Fund with said notification within five (5) business days via a method of delivery specified under §7.01 of this easement.

(b)     Opportunity to Cure

Owner’s and other parties’ cure period expires thirty (30) days after the date of notice to Owner or other parties subject to extension for the time reasonably necessary to cure but only if all of the following conditions are satisfied:

                                                 (i)            Owner or other parties cease the activity constituting the violation promptly upon receipt of the notice;

                                               (ii)            Owner (or other parties) and the Holder Community Environmental Legal Defense Fund, and those giving notice agree, within the initial thirty (30) day period, upon the measures Owner or other parties will take to cure the violation;

                                              (iii)            Owner or other parties commence to cure within the initial thirty (30) day period; and

                                             (iv)            Owner or other parties continue thereafter to use best efforts and due diligence to complete the agreed upon cure.

(c)     Imminent Harm

No notice or cure period is required if circumstances require prompt action to prevent or mitigate the imminent violation of the Rights of Nature or its ecosystems and natural communities as recognized, created and secured through this Grant.

6.03            Remedies

Upon expiration of the cure period (if any) described in the preceding section, Holder Community Environmental Legal Defense Fund, or any natural person with an interest in protecting and enforcing the Rights of Nature and its ecosystems and natural communities, may do any one or more of the following:

(a)     Injunctive Relief

Seek injunctive relief to specifically enforce the Rights of Nature and its ecosystems and natural communities recognized, created and secured through this Grant; to restrain present or future violations of the Rights of Nature and its ecosystems and natural communities; and/or to compel restoration of ecosystems and natural communities destroyed or altered as a result of the violation.

(b)     Civil Action

Recover from Owner, or other Persons responsible for the violation, all sums owing to Holders under applicable provisions of this Grant together with interest thereon from the date due at the Default Rate.  These monetary obligations include, among others, Losses and Litigation Expenses. All sums shall be dedicated to the restoration of Nature’s ecosystems and natural communities on the Property, and those dependent upon the Property, to their pre-damaged state. If such restoration is not possible due to irreparable harm, then damages shall be used to restore other ecosystems, or shall be used to purchase land for ecosystems similar in quality and extent to the damaged ecosystem.

(c)     Self-Help

Enter the Property to prevent or mitigate further violations of the Rights of Nature and its ecosystems and natural communities as secured through this Grant.

(d)     Modification or Termination

If the Conservation Easement is or is about to be modified or terminated by exercise of the power of eminent domain (condemnation) or adjudication of a court of competent jurisdiction sought by a Person other than Holder the following provisions apply:

                                                (i)            Compensatory Damages

Holder Community Environmental Legal Defense Fund is entitled to collect from the Person seeking the modification or termination, compensatory damages in an amount equal to the increase in Market Value of the Property resulting from the modification or termination plus reimbursement of Litigation Expenses as if a violation had occurred.

                                              (ii)            Restitution

Holder Community Environmental Legal Defense Fund is entitled to recover from the Person seeking the modification or termination, (i) restitution of amounts paid for this Grant (if any) and any other sums invested in the Property for the benefit of the public, and for the benefit of Nature and its ecosystems and natural communities existing on or dependent upon the Property, as a result of rights vested by this Grant plus (ii) reimbursement of Litigation Expenses as if a violation had occurred.

6.04            Remedies Cumulative

The description of Holder Community Environmental Legal Defense Fund’s remedies in this Article does not preclude that Holder from exercising any other right or remedy that may at any time be available under this Article or Applicable Law.  If Holder Community Environmental Legal Defense Fund chooses to exercise one remedy, it may nevertheless choose to exercise any one or more of the other rights or remedies available to it at the same time or at any other time.

6.05            No Waiver

If Holder Community Environmental Legal Defense Fund does not exercise any right or remedy when it is available to it, that is not to be interpreted as a waiver of any non-compliance with the terms of this Grant or a waiver of rights to exercise its rights or remedies at another time.

6.06            Multiple Owners; Multiple Lots

If different Owners own Lots within the Property, only the Owners of the Lot in violation will be held responsible for the violation.

6.07            Multiple Owners; Single Lot

If more than one Owner owns the Lot in violation of the terms of this Grant, the Owners of the Lot in violation are jointly and severally liable for the violation regardless of the form of ownership.

Article VII.                           Miscellaneous

7.01            Notices

(a)     Requirements

Each party to this easement giving any notice pursuant to this Grant must give the notice in writing and must use one of the following methods of delivery: (i) personal delivery; (ii) certified mail, return receipt requested and postage prepaid; or (iii) nationally recognized overnight courier, with all fees prepaid.

(b)     Address for Notices

Each party to this easement giving a notice must address the notice to the appropriate party at the address listed below, or to another address designated by that party by notice to the other Party. Other parties served with notice shall be served either at their residential or business address.

If to Owner:

James Stephen Cleghorn

2771 Paradise Road

Reynoldsville, PA 15851

If to Holder:

The Community Environmental Legal Defense Fund

P.O. Box 360

Mercersburg, Pennsylvania 17236

7.02            Governing Law

The law and rights established within this Grant shall govern this Grant. The law of the Commonwealth of Pennsylvania shall govern this Grant in all other respects, except when that law is inconsistent with, or violative of, the standards established by this easement.

7.03            Assignment and Transfer

Neither Owner nor Holder Community Environmental Legal Defense Fund may assign or otherwise transfer any of their respective rights or duties under this Grant voluntarily or involuntarily, whether by merger, consolidation, dissolution, operation of law or any other manner except as permitted below.  Any purported assignment or transfer in violation of this section is void.

(a)     By Holder

Holder Community Environmental Legal Defense Fund may assign its rights and duties under this Grant, either in whole or in part, but only to a Qualified Organization that executes and records in the Public Records a written agreement assuming the obligations of Holder Legal Defense Fund under this Grant.  The assigning Holder Community Environmental Legal Defense Fund must deliver the Baseline Documentation to the assignee Holder as of the date of the assignment.  Holder Community Environmental Legal Defense Fund must assign its rights and duties under this Grant to another Qualified Organization if Holder Community Environmental Legal Defense Fund becomes the Owner of the Property.

(b)     By Owner

This Grant vests a servitude running with the land binding upon the undersigned Owner and, upon recordation in the Public Records, all subsequent Owners of the Property or any portion of the Property are bound by its terms whether or not the Owners had actual notice of this Grant and whether or not the deed of transfer specifically referred to the transfer being under and subject to this Grant.

7.04            Burdens; Benefits; Not Exclusive to Holders

Subject to the restrictions on assignment and transfer set forth in the preceding section, this Grant binds and benefits Owner and Holders and their respective personal representatives, successors and assigns.  Except for rights of Beneficiaries (if any) under Article V, the Holder and other natural persons with an interest in protecting and enforcing the Rights of Nature and its ecosystems and natural communities seeking to enforce the rights recognized, created and secured by this Grant, have the right to enforce the terms of this Grant. Only the Holder Community Environmental Legal Defense Fund may exercise rights of Review, Waiver, Amendment or other discretionary rights of Holder.  Owners of Lots within the Property shall have the right to enforce the terms of this Grant against Owners of other Lots within the Property. Only the Owners of the Lot that is the subject of a request for Review, Waiver, Amendment, interpretation or other decision by Holder Legal Defense Fund have any right to notice of, or other participation in, such decision.

7.05            Requirement of Writing

No Amendment, Waiver, approval after Review, interpretation or other decision by Holder Community Environmental Legal Defense Fund is valid or effective unless it is in writing and signed by an authorized signatory for it.  This requirement may not be changed by oral agreement.  The grant of an Amendment or Waiver in any instance or with respect to any Lot does not imply that an Amendment or Waiver will be granted in any other instance.

7.06            Severability

If any provision of this Grant is determined to be invalid, illegal or unenforceable, the remaining provisions of this Grant remain valid, binding and enforceable.

7.07            Counterparts

This Grant may be signed in multiple counterparts, each of which constitutes an original, and all of which, collectively, constitute only one document.

7.08            Guides to Interpretation

(a)     Captions

Except for the identification of defined terms in the Glossary, the descriptive headings of the articles, sections and subsections of this Grant are for convenience only and do not constitute a part of this Grant.

(b)     Glossary

If any term defined in the Glossary is not used in this Grant, the defined term is to be disregarded as surplus material.

(c)     Other Terms

                                                 (i)            The word “including” means “including but not limited to”.

                                               (ii)            The word “must” is obligatory; the word “may” is permissive and does not imply any obligation.

(d)     Conservation and Preservation Easements Act

This Grant is intended to be interpreted so as to convey to Holder Legal Community Environmental Defense Fund all of the rights and privileges of a holder of a conservation easement under the Conservation Easements Act.

(e)     Restatement (Third) of the Law of Property: Servitudes

This Grant is intended to be interpreted so as to convey to Holder Community Environmental Legal Defense Fund all of the rights and privileges of a holder of a conservation servitude under the Restatement (Third) of the Law of Property: Servitudes.

7.09            Entire Agreement

This is the entire agreement of Owner, Holder and Beneficiaries pertaining to the subject matter of this Grant.  The terms of this Grant supersede in full all statements and writings between Owner, Holder and others pertaining to the transaction set forth in this Grant.

7.10            Incorporation by Reference

Each exhibit attached to this Grant is incorporated into this Grant by this reference.  The Baseline Documentation (whether or not attached to this Grant) is incorporated into this Grant by this reference.

7.11            Coal Rights Notice

The following notice is given to Owner solely for the purpose of compliance with the Conservation Easements Act:

NOTICE: The Conservation Easement may impair the development of coal interests including workable coal seams or coal interests which have been severed from the Property.

Article VIII.                        Glossary

8.01            Access Drive(s)

Roads, drives or lanes providing vehicular access and located within the Property.

8.02            Additional Improvements

All buildings, structures, facilities and other improvements within the Property, whether temporary or permanent, other than Existing Improvements.

8.03            Agricultural Improvements

Improvements used or usable in furtherance of Agricultural uses such as barn, stable, silo, spring house, green house, hoop house, riding arena (whether indoor or outdoor), horse walker, manure storage pit, storage buildings, feeding and irrigation facilities.

8.04            Agricultural or Agriculture

Any one or more of the following and the leasing of land for any of these purposes:

(a)     Farming

                                                 (i)            Production of vegetables, fruits, seeds, mushrooms, nuts and nursery crops (including trees) for sale.

                                               (ii)            Production of poultry, livestock and their products for sale.

                                              (iii)            Production of field crops, hay or pasture.

                                             (iv)            Production of sod to be removed and planted elsewhere.

                                               (v)            Production of compost to be removed and used, or sold elsewhere.

(b)     Equestrian

Boarding, stabling, raising, feeding, grazing, exercising, riding and training horses and instructing riders.

8.05            Amendment

An amendment, modification or supplement to this Grant signed by Owners and Holder Community Environmental Legal Defense Fund and recorded in the Public Records.

8.06            Applicable Law

Any federal, state or local laws, statutes, codes, ordinances, standards and regulations applicable to the Property, the Conservation Easement or this Grant as amended through the applicable date of reference.  If this Grant is intended to meet the requirements of a qualified conservation contribution, then applicable provisions of the Code and the Regulations are also included in the defined term.

8.07            Best Management Practices

A series of guidelines or minimum standards (sometimes referred to as BMP’s) recommended by federal, state and/or county resource management agencies for proper application of farming and forestry operations, non-point pollution of water resources and other disturbances of soil, water and vegetative resources and to protect wildlife habitats. Examples of resource management agencies issuing pertinent BMP’s as of the Easement Date are: the Natural Resource Conservation Service of the United States Department of Agriculture (with respect to soil resources); the Pennsylvania Department of Environmental Protection (with respect to soil erosion, sedimentation and water resources) and the following sources of BMP’s with respect to forest and woodland management: the Forest Stewardship Council principles and criteria, Sustainable Forestry Initiative standards, Forest Stewardship Plan requirements, American Tree Farm standards and Best Management Practices for Pennsylvania Forests.

8.08            Code

The Internal Revenue Code of 1986, as amended through the applicable date of reference.

8.09            Conservation Easements Act

The Pennsylvania Conservation and Preservation Easements Act, the act of June 22, 2001 (P.L. 390, No. 29) (32 P.S. §§5051-5059) as amended through the applicable date of reference.

8.10            Construction

Any demolition, construction, reconstruction, expansion, exterior alteration, installation or erection of temporary or permanent Improvements; and, whether or not in connection with any of the foregoing, any excavation, dredging, mining, filling or removal of gravel, soil, rock, sand, coal, petroleum or other minerals.

8.11            Corporation

Includes any corporation, limited partnership, limited liability partnership, business trust, or limited liability company organized under the laws of any state of the United States or under the laws of any country, and any other business entity that possesses government-conferred limited liability attributes for its owners, directors, officers, and/or managers.  The term shall also include any business entity in which one or more owners or partners is a corporation or other entity in which owners, directors, officers and/or managers possess limited liability attributes. The term shall also include any individual or group of individuals acting in an agency capacity for a corporation.

8.12            Deep Biosphere

A phrase as defined by F. Reith in “Life in the Deep Subsurface,” Geology 39 (2011): 287-88 and further discussed by Ricardo Guerrero in “Crucial crises in biology: life in the deep biosphere” International Microbiology: (1998) 1:285–294.

8.13            Default Rate

An annual rate of interest equal at all times to two percent (2%) above the “prime rate” announced from time to time in The Wall Street Journal.

8.14            Dwelling Unit

Use or intended use of an Improvement or portion of an Improvement for human habitation by one or more Persons (whether or not related).  Existence of a separate kitchen accompanied by sleeping quarters is considered to constitute a separate Dwelling Unit.

8.15            Existing Agreements

Easements and other servitudes affecting the Property prior to the Easement Date that constitute legally binding servitudes prior in right to the Conservation Easement.

8.16            Existing Improvements

All buildings, structures, facilities and other improvements, whether temporary or permanent, located on, above or under the Property as of the Easement Date as identified in the Baseline Documentation.

8.17            Forestry

Planting, growing, nurturing, managing and harvesting trees whether for timber and other useful products or for water quality, wildlife habitat and other Conservation Objectives.

8.18            Height

The vertical elevation of an Improvement measured from the average exterior ground elevation of the Improvement to a point, if the Improvement is roofed, midway between the highest and lowest points of the roof excluding chimneys, cupolas, ventilation shafts, weathervanes and similar protrusions or, if the Improvement is unroofed, the top of the Improvement.

8.19            Improvement

Any Existing Improvement or Additional Improvement.

8.20            Indemnified Parties

Holder, each Beneficiary (if any) and their respective members, directors, officers, employees and agents and the heirs, personal representatives, successors and assigns of each of them.

8.21            Invasive Species

A plant species that is (a) non-native (or alien) to the ecosystem under consideration; and (b) whose introduction causes or is likely to cause economic or environmental harm or harm to human health.  In cases of uncertainty, publications such as “Plant Invaders of the Mid-Atlantic Natural Areas”, by the National Park Service National Capital Region, Center for Urban Ecology and the U.S. Fish and Wildlife Service, Chesapeake Bay Field Office are to be used to identify Invasive Species.

8.22            Lien

Any mortgage, lien or other encumbrance securing the payment of money.

8.23            Litigation Expense

Any court filing fee, court cost, arbitration fee or cost, witness fee and each other fee and cost of investigating and defending or asserting any claim of violation or for indemnification under this Grant including in each case, attorneys’ fees, other professionals’ fees and disbursements.

8.24            Losses

Any liability, loss, claim, settlement payment, cost and expense, interest, award, judgment, damages (including punitive damages), diminution in value, fines, fees and penalties or other charge other than a Litigation Expense.

8.25            Lot

A unit, lot or parcel of real property separated or transferable for separate ownership or lease under Applicable Law.

8.26            Native Species

A plant or animal indigenous to the locality under consideration.  In cases of uncertainty, published atlases, particularly The Vascular Flora of Pennsylvania: Annotated Checklist and Atlas by Rhoads and Klein and Atlas of United States Trees, vols. 1 & 4 by Little are to be used to establish whether or not a species is native.

8.26      Nature

The physical world including all living things as well as the land and the seas and the atmosphere, inclusive of the forces that control the physical world and life itself.

8.27      Owners

The undersigned Owner or Owners and all Persons after them who hold an interest in the Property.

8.28      Person

An individual natural person or group of natural persons.

8.29      Public Records

The public records of the office for the recording of deeds in and for the county in which the Property is located.

8.30      Qualified Organization

A governmental or non-profit entity that (a) has a perpetual existence; (b) is established as a public charity for the purpose of preserving and conserving natural resources, natural habitats, environmentally sensitive areas and other charitable, scientific and educational purposes; (c) meets the criteria of a qualified organization under the Regulations; and (d) is duly authorized to acquire and hold conservation easements under Applicable Law.

8.31      Regulations

The provisions of C.F.R. §1.170A-14, and any other regulations promulgated under the Code that pertain to qualified conservation contributions, as amended through the applicable date of reference.

8.32      Regulatory Signs

Signs (not exceeding one square foot each) to control access to the Property or for informational, directional or interpretive purposes.

8.33   Renewable Energy

Energy that can be used without depleting its source such as solar, wind, geothermal and movement of water (hydroelectric and tidal).

8.34   Residential Improvements

Dwellings and Improvements accessory to residential uses such as garage, swimming pool, pool house, tennis court and children’s play facilities.

8.35   Resource Management Plan

A record of the decisions and intentions of Owners prepared by a qualified resource management professional for the purpose of protecting natural resources described in the Conservation Objectives during certain operations potentially affecting natural resources protected by this Grant.  The Resource Management Plan (sometimes referred to as the “RMP”) includes a resource assessment, identifies appropriate performance standards (based upon Best Management Practices where available and appropriate) and projects a multi-year description of planned activities for identified operations to be conducted in accordance with the plan.

8.36   Review

Review and approval of Holder under the procedure described in Article V.

8.37   Review Requirements

Collectively, any plans, specifications or information required for approval of the Subdivision, activity, use or Construction under Applicable Law (if any) plus (a) the information required under the Review Requirements incorporated into this Grant either as an exhibit or as part of the Baseline Documentation or (b) if the information described in clause (a) is inapplicable, unavailable or insufficient under the circumstances, the guidelines for Review of submissions established by Holder as of the applicable date of reference.

8.38  Site Improvements

Unenclosed Improvements such as Access Drives, Utility Improvements, walkways, boardwalks, retention/detention basins and other storm water management facilities, wells, septic systems, bridges, parking areas and other pavements, lighting fixtures, signs, fences, walls, gates, man-made ponds, berms and landscaping treatments.

8.39   Soil Conservation Plan

A plan for soil conservation and/or sedimentation and erosion control that meets the requirements of Applicable Law.

8.40   Steep Slope Areas

Areas greater than one acre having a slope greater than 15%.

8.41   Subdivision

Any division of the Property or any Lot within the Property; and any creation of a unit, lot or parcel of real property, including subsurface portions of the Property, for separate use or ownership by any means including by lease or by implementing the condominium form of ownership.  The term “Subdivision” includes any “subdivision” as defined in the Pennsylvania Municipalities Planning Code, Act of 1968, P.L. 805, No. 247, as reenacted and amended as of the applicable date of reference.

8.42   Utility Improvements

Improvements for the reception, storage or transmission of potable water, stormwater, sewage, electricity, gas and telecommunications or other sources of power.

8.43   Waiver

A written commitment by which Holder, without any obligation to do so, agrees to refrain from exercising  one or more of its rights and remedies for a specific period of time with respect to a specific set of circumstances if Holder is satisfied that the accommodation will have no material effect on Conservation Objectives.

8.44   Wet Areas

Watercourses, springs, wetlands and non-impounded standing water and areas within 100-feet of their edge.

8.45    Woodland Areas

Area(s) within the Property described as “wooded” or “forested” in the Baseline Documentation or identified as such on the Conservation Plan, or if not wooded or forested as of the Easement Date, are designated as successional woodland areas on the Conservation Plan.

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About jstephencleghorn

My name is Stephen Cleghorn. I own a 50-acre certified organic farm in Jefferson County, PA that I operated with my late wife between 2005 and 2011 and did on my own for one year after she died in November 2011. The farm is now under lease to organic farmers and protected by "The Dr Lucinda Hart-Gonzalez Conservation Easement." If you’d like to know more about me, visit the farm’s website at www.paradisegardensandfarm.com and you can learn more about this farm and about the unique easement that affirms and protects the Rights of Nature to exist, flourish and evolve without interference from an industrial practice like fracking for shale gas. You can also link to a PowerPoint I have done on the need for a moratorium on unconventional drilling for natural gas in the Marcellus Shale by a means commonly known as “fracking” – which refers to the whole process known as “high volume slickwater fracking of long laterals” to release gas from tight shale formation such as the Marcellus. This blog will be occasional posts about the “fracking” and those who would transform one-half the land mass of Pennsylvania into an industrialized zone to get at the shale gas and realize millions in profits for themselves. The blog’s name is taken from the writings of Saint Augustine who believed “Hope” to be the greatest of spiritual gifts. And, says Augustine, Hope has two lovely daughters: anger and courage. Anger so that what must not be may not be; courage so that what should be can be. Anger and Courage. We will need both in this struggle to defeat the fracking that could lay waste to one-half of Pennsylvania and threaten the water supplies of millions of people. This blog will be about having the courage to stand up to the massive global corporations that would ruin our state, take their profits, and leave the mess to future generations of Pennsylvanians to clean up. We need to rise up, my friends and be not afraid.
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16 Responses to The Dr. Lucinda Hart-Gonzalez Conservation Easement

  1. Dear Steve, thank you SO MUCH for your courage to stand up to the rape of our precious farmland and waterways when leaders in the sustainable agriculture movement have so miserably failed at the first chance to make a difference. I applaud you!

  2. Quiet Creek is ready to move forward with this initiative, thanks to you and Lucinda. Shall we contact CELDF directly? We feel so blessed for your competent resourcefulness, Steve. All the best to you, Claire and Rusty

    • Yes, great to hear from you, Claire and Rusty. You should contact CELDF directly, specifically Thomas Linzey. If you look at the easement I have posted her, you will see that there are some items tailored to my individual circumstance, but a good portion of the easement could be applied to other land holdings. You can call the main number for CELDF and ask for Thomas, then take it from there.

  3. RootBeard says:

    We our also under attack from the mineral barons.Its scary to know that they can destroy our land and its perfectly legal to them.It’s crazy to think you can own land but not own it.Feelins similar to the trail of tears. wish you the best.Keep up the good fight brother!!!!!

  4. Pingback: Alternet – One Man’s Clever Idea To Fight Frackers And Save His Organic Farm – 13 October 2013 | Lucas 2012 Infos

  5. Pingback: One Man's Clever Idea to Fight Frackers and Save His Organic Farm

  6. Pingback: One Man’s Clever Idea To Fight Frackers, Save Organic Farm | PopularResistance.Org

  7. Pingback: Kudos to Stephen Cleghorn and his creative defense mechanism against fracking | envirofrogblog

  8. lorenwolf says:

    What a brilliant idea!. I want to apply this to my land even though at this time there is no direct mineral or gas threat. My property is in Lake County California and there is a rising struggle between the corporate vineyards and small farmers over the issue of water. This approach might work to preserve the forest and wetlands from high powered wells pumping out the aquifers. Thank you for putting this idea together.

  9. Pingback: One Man’s Clever Idea To Fight Frackers And Save His Organic Farm | PopularResistance.Org

  10. Pingback: One Man’s Clever Idea to Fight Frackers and Save His Organic Farm | THE INTERNET POST

  11. Pingback: One Man’s Clever Idea to Fight Frackers and Save His Organic Farm | Alternet | abraveheart1

  12. Pingback: One Man's Clever Idea to Fight Frackers and Save His Organic Farm | Janet Wise

  13. Pingback: An Organic Farmer's One-Man Fracking Ban - Organic Connections

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