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Last In-Person DRBC Frack Ban Circus Held in Lehigh Valley

In September, MDN told you that the obsequious members of the Delaware River Basin Commission (DRBC) had slavishly obeyed their radical environmental masters by voting to move forward with a permanent ban on fracking in the Delaware River Basin (see DRBC Votes Tomorrow on Permanent Frack Ban Resolution). The final ban language/regulation was dropped like a bomb by DRBC staff on Nov. 30 (see DRBC Drops Permanent Frack Ban Bomb – Public Hearings in January). The DRBC announced they would allow public comment, via written communication, through Feb. 28. They also planned four public hearings (i.e. freak shows) to allow antis the opportunity to parade before the microphones and make jerks of themselves (we’ve seen it many times). Antis said three months wasn’t enough time to crank up the form letter machine nor is it enough freak show opportunities, so the DRBC caved (yet again) to the only constituency they listen to: anti-drillers. The DRBC subsequently announced they would extend the public comment period from Feb. 28 to Mar. 30 and add another two freak show public hearings to the roster (see DRBC Schedules More Freak Shows on Proposed Frack Ban Regulation). Yesterday the final in-person session was held in the Lehigh Valley, at Lehigh Carbon Community College. What’s that? The Lehigh Valley isn’t actually IN the Delaware River Basin? You think that actually matters? The purpose was to locate the session somewhere that’s solidly against fracking. Yesterday’s session didn’t disappoint. Grab the peanuts and popcorn…
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Time to Go on Offense and Sue PA Big Green Groups

Yesterday MDN brought you the news that THE Delaware Riverkeeper and several residents from West Goshen, PA (in Chester County, near Philadelphia) had lost a court appeal that would have stopped Sunoco’s Mariner East 2 pipeline in the town due to a violation of a local zoning ordinance (see PA Town Loses Appeal to Block ME2 Pipe with Local Zoning Ordinance). Our coverage of that story was from the perspective that local town ordinances do not trump state oil and gas regulations. Which is true. However, MDN friend Tom Shepstone, writing on his always-excellent Natural Gas Now website, had a slightly different take on the importance of the lawsuit. There is a deeper, more insidious strategy at play by Riverkeeper that Tom picked up on in this lawsuit. He does a masterful job of exposing that strategy (using the PA Environmental Rights Amendment) in his post, which we reproduce below. Which is interesting, and everyone needs to be aware of what’s happening. However, it was Tom’s final solution/admonition that had us standing up and cheering. Tom concludes (as MDN has been advocating for years) that it’s time to take the fight to the opposition. Their strategy of endless, frivolous lawsuits is having a negative effect on our industry. It’s time we litigate them in return–and expose their fraudulent use of our tax system to shield their overt political activities. It’s time to sue them…
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Obtuse NY Assemblywoman from Ithaca Proposes “No-Tenancy” Bill

Barbara Lifton

Ithaca, NY is unfortunately saddled with an Assemblywoman who is, charitably, not too bright. Assemblywoman Barbara Lifton is a virulent anti-fossil fueler, even though she herself uses fossil fuels each and every day of her life. She was dead set against converting a coal burning plant near Ithaca into burning natural gas (see Cayuga Power Plant Stays Open (Burning Coal) – Thx to Fractivists). Thanks (in large part) to Lifton, the residents of Ithaca continue to breathe dirty air. She also tried to stop a federally permitted natgas pipeline from expanding in the region (see NY State Legislator Tries to Derail Dominion New Market Project). And now she’s at it again. Even though there is no shale drilling in New York, apparently Lifton wants to drive the final nail in the coffin of the conventional drilling industry too, driving out all oil and gas activity in the state. Lifton has introduced a bill that we call “no-tenancy.” You’ve been reading about West Virginia’s co-tenancy bill here on MDN, a bill that would allow rights owners in property to sign a lease if 75% or more of the owners agree to lease terms. It corrects a situation where dozens, sometimes hundreds of people who own a fractional share in property can’t be found, or refuse to sign, screwing all of the other owners of the property. Lifton’s bill, A2499, would require 100% of all rights owners to sign leases “for oil, gas or mineral rights, and any modification, extension or renewal thereof.” It is plainly meant to end any future drilling of any kind in the state. That’s the aim. The Independent Oil & Gas Association of New York (IOGANY) is pushing back…
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PA DEP Caves to Pressure, Extends Comment Period for Shell Pipeline

Once again, in what appears to be a pattern, the Pennsylvania State Dept. of Environmental Protection (DEP) is caving to pressure from virulent anti-fossil fuelers. This time in regard to Shell’s proposed Falcon Ethane Pipeline project. Shell is working on an ethane “pipeline system” with two “legs” to feed the mighty cracker plant being built in Monaca, Beaver County (see Shell Working on 94-Mile Ethane Pipeline to Feed PA Cracker). Last October Shell filed an application with the PA DEP for the PA portions of the pipeline, some 60 miles of the total system (see Shell Files PA Application for Ethane Pipe to Feed Cracker Plant). The DEP advertised an official comment period for the project on Jan. 20, giving interested parties until Feb. 20 to file their comments–an entire month (see PA DEP Invites Public Comment on Shell 60-Mile Ethane Pipeline). However, one month isn’t enough time for anti-drillers to marshal the faithful to try and sink the project. FracTracker Alliance, an anti-fossil fuel organization, colluded with other groups to put the word out to flood the DEP with demands to keep the comment period open. The DEP folded, like a flimsy house of cards, and has now extended the comment period to April 17th along with three public hearings (circus freak shows), which will give the FracTracker faithful time to mount publicity and legal offensives to try and stop the project. If the pipeline doesn’t happen, work at the cracker plant stops. Which, of course, isn’t going to happen. But it illustrates the true aim of FracTracker and other virulent (way, way, WAY outside the mainstream) anti-fossil fuel groups…
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NJDEP Hail Mary – Pleads with FERC to Stop PennEast Pipeline

The now fully politicized New Jersey Dept. of Environmental Protection (NJDEP), along with the Delaware and Raritan Canal Commission, filed a joint request with the Federal Energy Regulatory Commission (FERC) last Friday asking FERC to reconsider and rescind its approval of the PennEast Pipeline project, which FERC granted just last month (see FERC Grants Final Approval for PennEast Pipe – Real Battle Begins). PennEast is a $1 billion, 120-mile primarily 36-inch natural gas pipeline that will stretch from Dallas (Luzerne County), PA to Transco’s pipeline interconnection near Pennington (Mercer County), NJ. The pipeline is an important conduit to move gas from the prolific gas fields of northeastern PA to markets in southeast PA and New Jersey. From the beginning of the project there have been a collection of so-called environmental organizations opposing it–including THE Delaware Riverkeeper, NJ Sierra Club, and the NJ Conservation Foundation. All radical groups. Unfortunately NJ elected an authoritarian Democrat as governor–Phil Murphy–who pledged to try and stop the project (see Dem Candidate for NJ Gov Opposes PennEast, After He $upported It). Murphy (a tool of Big Green) has politicized the NJDEP and has caused them to dance to his radical tune. In addition to receiving a formal request by NJDEP, FERC also received the same request from the nutty Sierra Club (no surprise there), and also a far-left Democrat State Senator, who is using the request as a fundraiser for his next campaign…
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OH Supreme Court Rejects Anti Request to Stop Wastewater Disposal

The Ohio Dept. of Natural Resources (ODNR) is actively working on new regulations “regarding storage, recycling, treatment, processing, and disposal of brine and other waste substances.” That is, for wastewater treatment and disposal from the oil and gas industry. It’s taking the ODNR a while to hash out the new regs (they were instructed to do so back in 2014). However, in the meantime, ODNR issues special orders/permits on a case by case basis to allow wastewater treatment and disposal facilities to start up and operate. Hoping to shut down all drilling (in Ohio and other states that send wastewater to Ohio), the odious Food and Water Watch and misnamed FreshWater Accountability Project sued in the Tenth District Court of Appeals, arguing that because ODNR hasn’t released the new regs, they shouldn’t be allowed to keep issuing temporary/special permits. The Tenth District said the radical enviro groups didn’t have standing to file the case and dismissed it. On appeal to the State Supreme Court, the Supremes said the same thing. Therefore, ODNR’s authority to continue granting temporary/special permits for wastewater treatment remains in effect. Another huge loss for Food and Water Watch…
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5 Big Green Groups File Another Lawsuit to Stop Mountain Valley Pipe

This simply must stop. We MUST begin to countersue (monthly/weekly/daily if necessary) the Big Green radical groups that continue to bring a flood of lawsuits against legally permitted pipeline projects. We must! It is the only way to even the playing field. Mountain Valley Pipeline (MVP)–a $3.5 billion, 301-mile pipeline that will run from Wetzel County, WV to the Transco Pipeline in Pittsylvania County, VA–is one of the targets of Big Green. MVP has had so many lawsuits filed against it, we can’t keep track of them all. Two recent examples. (1) Five radical green groups, including the Sierra Club, Appalachian Voices, Chesapeake Climate Action Network, West Virginia Rivers Coalition, and Wild Virginia, sued the Federal Energy Regulatory Commission (FERC) in federal court in early January over FERC’s approval of the project (see 5 Radical Green Groups Sue to Stop Mountain Valley Pipeline). A few weeks later, the radical Chesapeake Bay Foundation and the Southern Environmental Law Center, on behalf of more than a dozen environmental groups (the including the ones previously listed) sued the Virginia Water Control Board for approving MVP’s application for stream crossing permits (see Big Green Files Lawsuit Against VA Regulators for Approving Pipe). And now, the same lawyers involved in those other cases are doing it again. On Wednesday, five Big Green groups, including the Sierra Club, West Virginia Rivers Coalition, Indian Creek Watershed Association, Appalachian Voices, and the Chesapeake Climate Action Network sued the U.S. Army Corps of Engineers in federal court over the Corps’ approval of the project. Enough! Start to sue back! Here’s the details (and a copy of) the latest lawsuit by Big Green radicals…
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York, PA Electric Plant to Drop Coal, Burn Only Marcellus Gas

Something momentous has just happened. The loons at the Sierra Club, who once loved natural gas until they began irrationally hating it, have just admitted to the world that burning natural gas to produce electricity is A.O.K. with them. Brunner Island Power Plant is located in York County, PA, straddling Lancaster County. It is a huge, 1,490 megawatt coal-fired electric generating plant, and has been the target of environmentalists for years. In February 2017, MDN told you that the new owner of the plant is investing $100 million to retrofit the plant so it can, at least part of the time, burn Marcellus Shale gas (see York County, PA Electric Plant Begins Using NatGas as Fuel). Talen Energy (the new owner) said it “plans to burn little or no coal until 2019 as part of a ‘site evaluation.’” Meaning almost all (perhaps all) of the fuel powering the plant at this point is Marcellus Shale gas. Which is why we’re interested in the plant and what happens to it. However, it appears they still burn coal from time to time. Talen has just signed to settle a lawsuit brought by the odious Sierra Club. The terms of the settlement say they will burn only Marcellus gas during “peak ozone season”–from May 1 through Sept. 30–starting in 2023. Talen will phase out coal completely by 2028. In other words, the Sierra Club, contrary to its own “end natural gas” campaign, has just signed a settlement admitting they think natural gas is far better for the environment than coal. Actions speak louder than words…
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Green Antis Try to Reverse City’s $7.5M Deal to Allow NEXUS Pipe

MDN told you last week that anti officials who lead the City of Green, OH (Summit County), had finally faced the reality that NEXUS Pipeline–a $2 billion, 255-mile interstate pipeline that will run from Ohio through Michigan and eventually to the Dawn Hub in Ontario, Canada–will come through their vicinity (see Antis of Green, OH Finally Face Reality – Will Allow NEXUS Pipe). Green previously hired a high-priced Cleveland law firm to try and scuttle the NEXUS project (see Green, OH Paying Lawyers $100K to Fund Stop NEXUS Crusade). In the end, everyone has their price. For Green, the price is $7.5 million and 20 acres of land that sit next to an existing city park. While Green antis in city government hate the idea of the pipeline getting built at all (especially Green’s anti-pipeline mayor), the writing is on the wall. They will lose and they know it. To save face, the mayor negotiated a deal with NEXUS that city council voted to accept. However, the mayor and city council’s actions don’t sit well with some of the more radical elements in Green. The rads have since launched a campaign to force the city to accept a vote on whether or not to settle with NEXUS. The city says the signed settlement from last week is an administrative action, not subject to a popular vote. The rads say otherwise. It’s shaping up to be a legal battle royale in Green–antis against antis. Grab the popcorn!…
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Antis Pressure Maryland Gov. Hogan to Reject Pipeline Under Potomac

Maryland Gov. Larry Hogan

In April 2017, MDN brought you the news that Columbia Pipeline (now owned by TransCanada) had filed an application with the Federal Energy Regulatory Commission (FERC) to build a 3.5 mile, 8-inch pipeline that will carry natural gas from Pennsylvania to connect the Mountaineer Gas system in the Eastern Panhandle of West Virginia with the Columbia Gas Pipeline in Pennsylvania (see New 3.5 Mile Pipeline Project to Drill Under the Potomac River). That tiny section of pipeline is part of the larger Eastern Panhandle Expansion project–a project to deliver natural gas via local distribution channels (local utility Mountaineer Gas) to a new industrial facility in Berkeley County, WV, and to provide gas to other local businesses and residents in the Tri-State area. Anti fossil fuel nutters have been on a rampage to stop the pipeline from going under the Potomac since last summer (see Mountaineer Pipeline Under Potomac Latest Focus of Anti Movement). To hear them talk, you’d think this is the first time a pipeline has been drilled under the Potomac River. However, TransCanada, via its Columbia Pipeline subsidiary, has already built and operates 12 other pipelines that go under the Potomac River–just in the State of Maryland! Have you ever heard a peep about those pipelines and an environmental holocaust they’ve created? No. Why? Because putting a pipeline under a river is no big deal. It doesn’t harm the environment. Yet that’s what antis are claiming and will claim in a protest march today, aimed at pressuring the weak-willed Republican Governor of Maryland, Larry Hogan, into blocking this tiny, 3.5 mile project…
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Kentucky Antis File Lawsuit to Stop TGP NGL Pipe Reversal

Kentucky antis have gone to court to try and block a plan by Kinder Morgan to convert a portion of the Tennessee Gas Pipeline that flows natural gas from the Gulf Coast to the northeast, to reverse the pipeline and flow natural gas liquids from the Marcellus/Utica region to the Gulf. Part of the 964-mile project runs through Kentucky (see KM Plans to Convert Tennessee Gas Pipeline to Flow M-U NGLs South). The first step in the reversal process was approved by the Federal Energy Regulatory Commission last October (see FERC Advances Plan to Reverse Part of TGP to Haul M-U NGLs to Gulf). Antis in Kentucky got their bluegrass knickers in a twist over FERC’s action. They filed a request for “rehearing” of FERC’s decision, which is the first step in a process that typically ends up in court. First the “aggrieved party” (antis are in a perpetual state of being aggrieved) must request a rehearing. If FERC denies the rehearing request, antis (Big Green groups with deep pockets representing them) then file a lawsuit in federal Appeals Court to try and stop FERC from continuing to approve the project. Normally FERC has 30 days to decide on a rehearing, however, they have a little tactic they call a “tolling order” which allows them to extend the amount of time to make a rehearing decision–indefinitely. FERC pulled out the tolling order card and played it with the TGP project last November (see FERC Frustrates Kentucky Radicals Seeking to Stop TGP Pipe Reversal). The antis aren’t waiting. They’ve just filed a lawsuit challenging the FERC tolling order. Here’s the latest from the enviro nuts in the Bluegrass State…
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Big Green Targets PA Marcellus via DEP Water Quality Review

The efforts by radical environmental groups like THE Delaware Riverkeeper and PennFuture to try and shut down the Marcellus industry in Pennsylvania never stop. Like ocean waves that continue to crash into the shoreline, Riverkeeper and PennFuture constantly, regularly, launch new initiatives aimed at hassling, slowing, stopping and reversing the Marcellus industry. Sometimes (often) their efforts are focused on filing frivolous lawsuits. Sometimes it’s a publicity stunt/protest. And sometimes they take aim at regulatory bodies, like the PA Dept. of Environmental Protection (DEP). It is that last one that is the focus of a new campaign to stifle the Marcellus industry. Every three years the DEP conducts a review of water quality standards. Riverkeeper and PennFuture have put the call out to their radical faithful to inundate the DEP with public comments (due by Feb. 16) to create new regulations that will “protect” PA streams “from impacts like brine gas drilling wastewater” and “road salt applications in the winter”–perfectly safe salt that comes from processed wastewater. In other words, this is yet another attempt to shut down the drilling industry by neutering its ability to properly dispose of brine wastewater…
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Boston Globe Takes Aim at Mass. Politicians Blocking Gas Pipelines

It’s fun to watch the left eat its own. That’s exactly what’s happening in Boston. We’ve provided a fair bit of coverage on the issue of lack of pipelines in New England and the fallout from it. Because of lack of natural gas pipelines, both natural gas AND electricity prices in New England are sky high. Natgas is used to generate most of New England’s electricity. When it gets cold out, residents and businesses use more natgas for heat, causing a shortage of natgas, further causing insane price hikes. At some point, there just won’t be any more gas at any price–and that’s when rolling blackouts begin. It will happen sooner than you think. Important politicians in New England, like U.S. Senator Elizabeth “Pocahontas” Warren and Attorney General Maura Healey (both from Massachusetts) have actively worked to block new natgas pipelines. The result? LNG tankers with illegal Russian gas are supplying a good share of the region’s natgas supplies during cold snaps. It’s disgusting. It’s so disgusting, even the far-left libs who write and edit the Boston Globe can’t stand it anymore. The Globe published an editorial yesterday titled “Our Russian ‘pipeline,’ and its ugly toll,” taking Healey and the enviro left to task. Yeah, it’s fun to watch the left eat its own!…
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Exxon Fights Back, Countersues AGs & Big Green Attorneys

It’s about time! The gloves need to come off and our side (pro-fossil fuel) needs to aggressively launch lawsuits against the lawyers and groups who continue to launch a barrage of frivolous lawsuits against us, trying to shut down all fossil fuel companies (but not before they empty fossil fuel company coffers). Exxon is fighting back. The gloves are off. It’s time to talk about Fight Club–out in the open. We have, from time to time, chronicled the lawsuits launched by New York State’s out-of-control Attorney General, Eric Schneiderman. Schneiderman, Massachusetts AG Maura Healey and other lefty Dems formed an unethical secrecy pact in their campaign to shake down Exxon Mobil by claiming the company “knew” man-made global warming exists and that burning the nasty fossil fuels the company produces contributes to it (see Smoking Gun: AGs Signed Pact to Keep Exxon Documents Secret). It doesn’t matter that man-made global warming is an unproven theory–not even real science. Schneiderman and his cabal of legal jackals tried to gang up on the Exxon Mobil water buffalo–except this time the water buffalo prey is healthy and is fighting back, by launching lawsuits against Schneiderman and others whom he is colluding with. It’s time to take down the jackals…
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