Major Step Forward – FERC Issues Favorable DEIS for PennEast Pipe

THE Delaware Riverkeeper, Maya van Rossum, is “spitting” mad. Why? Because the Federal Energy Regulatory Commission (FERC) has signaled it will approve the PennEast Pipeline, a $1.2 billion, 119-mile desperately-needed natural gas pipeline from Luzerne County, PA to Mercer County, NJ that will haul Marcellus Shale gas from northern PA to markets in southeastern PA and NJ. On Friday FERC issued a Draft Environmental Impact Statement (DEIS) that finds while there are a few things to fix in the PennEast plan before the pipeline gets built, they are fixable and the pipeline won’t have significant environmental impacts. van Rossum, upon learning of the favorable DEIS, said “The deadline for comments is an offensive abuse of power and spit in the face of all the communities that will be so deeply harmed by this project.” Needless to say, FERC’s decision put a smile on our face. PennEast calls it a “major step forward.” Indeed. It all but assures that this project will get approved and built…
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Although he still wants to tax the Marcellus Shale industry out of his state, Pennsylvania Gov. Tom Wolf (with the dubious title of “most liberal governor in the U.S.,” see
In June Pennsylvania Gov. Tom Wolf was forced to accept half a loaf–he agreed to reject new drilling regulations for the conventional drilling industry in the state, if lawmakers would allow his administration’s rework of shale drilling regulations to take effect (see
On Friday MDN reported Southwestern Energy’s second quarter 2016 update, with indications that things are turning around for the company and that they intend to re-start their drilling program in the Marcellus (see
MDN told you in May that Halcon Resources, a Utica Shale driller that “guessed wrong” by leasing 140,000 Utica Shale acres in the northern part of the play (in Ohio) and currently doesn’t drill on any of that acreage, was preparing to file for bankruptcy (see
You’ve heard of “whitewashing” before. How about “title washing?” No, we hadn’t either. But this funny sounding practice has a great deal to do with mineral rights in Pennsylvania, with possible implications for landowners and drillers. The Pennsylvania Supreme Court issued a 5-0 ruling last week that upholds the practice of title washing in the Keystone State. What in the world is it, and how does it affect landowners and drillers? In the case of Herder Spring Hunting Club v. Keller there had been a tax sale in 1935 for a property in Centre County, PA where the mineral rights had previously been separated. Prior to 1948 if mineral rights that had been separated were not properly recorded (it was incumbent on the owner of the subsurface rights to ensure the sale was recorded at the assessor’s office), and the surface land was later sold, both the mineral rights (subsurface) and the surface land became part of the sale. That, in essence, was title washing. After 1948 a law prevented this from happening, so such cases only apply to land sold before 1948. The legal beagles at Babst Calland have a good overview of what the practice of title washing is, and how the Court’s decision affects Pennsylvanians. We also have a copy of the decision embedded below…
One of the important new markets that Marcellus and Utica Shale drillers have been salivating over is Canada. Indeed, flows of natural gas, via pipelines, have increased to Canada over the past several years (see 
On June 29 a group of 26 “religious” (we use that term very loosely) radicals were arrested for stopping work on a 5-mile pipeline near Boston. We reported on one of the organizers of the crime, Tim DeChristopher (see
The “best of the rest” – stories that caught MDN’s eye that you may be interested in reading. In today’s lineup: Shale gas food for thought for skeptics; NE PA E&P pain is powergen’s gain; EQT’s production levels; FirstEnergy closing coal plants in OH; Talen Energy laying off 131 nuke workers; 2 LNG export plants OK’d in Gulf Coast; wackos rally in Richmond over pipeline; Schlumberger cut 16K jobs in 1H16; ConocoPhillips laying off 1K more; and more!