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Ohio Utica Shale

Petitioners seek to have Ben Lupo's corporate charters revoked

By Bob Downing Published: March 6, 2013

A petition with nearly 400 signatures was submitted today to Ohio Attorney General Mike DeWine's office.

The petitioners are asking that the corporate charter of Youngstown's Ben Lupo be revoked in connection with the Jan. 31 alleged illegal dumping of drilling wastes into the Mahoning River in Youngstown.

Lupo faces federal charges of violating the Clean Water Act. One of his employees is also charged.

Here is the note that was submitted with the petition. It was drafted by Greg Coleridge of the American Friends Service Committee in Cuyahoga Falls.

Her's what Gred wrote:

Attached please find a petition being delivered today, March 6, to the office of
Attorney General Mike DeWine. It calls on him to initiate charter revocation
(called "quo warranto") proceedings against the corporations owned by Ben Lupo.

You may know that Mr. Lupo, d/b/a one or more of as many as 20 corporate fronts,
apparently instructed his employees to dump as much as 250,000 gallons of waste
materials from unconventional horizontal hydraulic fracturing into the City of
Youngstown's storm sewer system, knowing or having reason to know that the
system was connected ultimately and directly to the Mahoning River.

The attached petition calls on Attorney General DeWine to respond not with a
fine or revocation of a permit, but a revocation of his corporate charter(s) --
a common response used by our forebears in Ohio in response to corporations
acting beyond their authority as defined in their corporate charters. Quo
warranto proceedings were once used routinely  as a democratic tool by Ohio
legislatures and courts to affirm the sovereign power of We the People over
corporate, which are, after all, creations of government.

The petition to Attorney General Mike DeWine is offered in the spirit of
affirming that We the People and our elected representatives possess and should
utilize this democratic tool to ensure that corporations are ultimately
subordinate to us. It is also a legal means for elected officials and the courts
to protect the health, safety and welfare of citizens. Please consider urging
the AG to initiate such proceedings.

Ohio Revised Code (Chapter 2733) describes quo warranto. It identifies the Ohio
General Assembly as another state entity which can commence a quo warranto
proceeding. This may be an option you may wish to consider if the Attorney
General fails to fulfill his duty.

Thank you kindly for your consideration.


Greg Coleridge
Northeast Ohio American Friends Service Committee
[a Quaker social action organization]
Address: 2101 Front St., #111, Cuyahoga Falls, OH 44221
Phone: 330-928-2301


Here is the actual petition:

Petitioning Ohio Attorney General Mike DeWine

Ohiio Attorrney General Mike

DeWine:: Revoke tthe Charters off

Corporations Connected to Ben Lupo

Corporations should serve the public good. They receive their

charter (or license to exist) from the government, which grants

them certain privileges and powers. Corporations who break the

law and do so with intent should not simply be fined, but have

their charters revoked or terminated. Revoking corporate

charters and dissolving corporations reinforces the reality that

We the People are in charge of our own legal creations. It also

will serve as a deterrent to others connected to corporations

who feel they can act unlawfully, yet be protected by the

corporate legal shield.





, quo warranto is a legal proceeding challenging the

continued right of an individual or corporation to possess

governmental privilege, be it an office in the case of an individual or

charter in the case of a corporation; and





the people of the state of Ohio possess the right and

authority to call on the Ohio Attorney General to initiative a quo

warranto action which would terminate a corporate charter if that

corporation has broken the law and/or misused its corporate

franchise, privilege or right conferred upon it by law; and

Whereas, initiating a quo warranto legal proceeding which may lead

to the termination of a corporate charter represents the fundamental

democratic principle that corporations are creations of the state

through the corporate charter and beholden to serving the public

interest; and





, Ben Lupo, d/b/a one or more of as many as 20 corporate

fronts, apparently instructed his employees to dump as much as

250,000 gallons of waste materials from unconventional horizontal

hydraulic fracturing into the City of Youngstown's storm sewer

system, knowing or having reason to know that the system was

connected ultimately and directly to the Mahoning River; and

Whereas, such fracking waste material likely contained measurable

levels of benzene, heavy metals, radium-226 and -228, which are

prohibited from such method of disposal; and





the dumping was in no way an accident or merely

negligent occurrence, but was deliberate and intentional; and





the citation record of one or more of Lupo's corporations

indicates a deliberate and continuing intention to pollute with

indifference to the consequences of polluting acts upon farmland,

public water supplies and human health and well-being; and

Whereas, a system of civil or criminal fines and sanctions is a

piecemeal and unsatisfactory means of attempting to correct

misbehavior by entities whose purpose for existing is to extract

maximum profit by the quickest and dirtiest means available; and

Whereas, that the act of intentional pollution by disposing of toxic

materials into a public waterway, from whence the polluter knows or

should know that drinking water supplies for human beings are drawn

constitutes a felonious and dangerous assault on the public health

and safety; and





, such misconduct is habitual and recurring through one or

of Ben Lupo's corporations.



1) That it is in the public interest that the corporate existences of all

corporate entities directly or indirectly under the control of Ben Lupo,

which pose an imminent and continuing threat to the public health

and safety of the citizens of Ohio, be permanently terminated; and

2) The undersigned Petitioners do instruct the Attorney-General of the

State of Ohio to initiate and prosecute charges in quo warranto to

cause the permanent termination of all entities controlled directly or

indirectly by Ben Lupo which are incorporated under the laws of the

State of Ohio, and to cause the permanent suspension registrations

of any corporate entities controlled directly or indirectly by Ben Lupo

which are incorporated outside of Ohio; and

3) That the assets of all of Ben Lupo's corporations, and his personal

assets all be attached and seized and applied to remedy his acts of




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Utica and Marcellus shale web sites

Ohio Department of Natural Resources' Division of Oil and Gas Resources Management State agency Web site.

ODNR Division of Oil and Gas Resources Management. State drilling permits. List is updated weekly.

ODNR Division of Geological Survey.

Ohio Environmental Protection Agency.

Ohio State University Extension.

Ohio Farm Bureau.

Ohio Oil and Gas Association, a Granville-based group that represents 1,500 Ohio energy-related companies.

Ohio Oil & Gas Energy Education Program.

Energy In Depth, a trade group.

Marcellus and Utica Shale Resource Center by Ohio law firm Bricker & Eckler.

Utica Shale, a compilation of Utica shale activities.

Landman Report Card, a site that looks at companies involved in gas and oil leases.FracFocus, a compilation of chemicals used in fracking individual wells as reported voluntarily by some drillers.

Chesapeake Energy Corp,the Oklahoma-based firm is the No. 1 driller in Ohio.

Rig Count Interactive Map by Baker Hughes, an energy services company.

Shale Sheet Fracking, a Youngstown Vindicator blog.

National Geographic's The Great Shale Rush.

The Ohio Environmental Council, a statewide eco-group based in Columbus.

Buckeye Forest Council.

Earthjustice, a national eco-group.

Stop Fracking Ohio.

People's Oil and Gas Collaborative-Ohio, a grass-roots group in Northeast Ohio.

Concerned Citizens of Medina County, a grass-roots group.

No Frack Ohio, a Columbus-based grass-roots group.

Fracking: Gas Drilling's Environmental Threat by ProPublica, an online journalism site.

Penn State Marcellus Center.

Pipeline, blog from Pittsburgh Post-Gazette on Marcellus shale drilling.

Allegheny Front, environmental public radio for Western Pennsylvania.