Anti-Drilling/Fossil Fuel

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    SWPA Antis Breathe New Life into Old Zoning Lawsuit

    In November 2015 MDN reported on a zoning court case in Westmoreland County, PA (see 3 Western PA Antis Weigh Appeal of Court Ruling in Zoning Case). Three ladies brought a lawsuit against Allegheny Township because the town approved a permit for CNX Gas–to drill a well on a farm owned by John and Anne Slike. Since the farm is about 1,200 feet from where the ladies live, they objected. The legal argument is interesting. They use the Robinson case decision (Act 13) which ruled that towns have the right to limit/restrict drilling based on zoning ordinances–as long as there’s at least one zone where drilling can take place. The problem (for antis) is that sometimes towns decide the other way–to allow drilling in any zone with a special use permit. The door swings just one way for antis–no drilling. At any rate, we thought the case was long over with. But it’s not. The ladies and their fractivist lawyer appealed. The case is now in Commonwealth Court and, according to an article, because of a recent PA Supreme Court decision, new life has been breathed into the case. The antis are celebrating…
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    Low Turnout for Philly DRBC Frack Ban Hearing, Antis Dominate

    Philadelphia is the sixth most populous city in the United States, with over 1.5 million residents. And yet *maybe* 120 people turned out yesterday for a Delaware River Basin Commission (DRBC) hearing on their proposed plan to permanently ban fracking in the Delaware River Basin. A pair of hearings were held earlier this week in rural northeast PA–in Waymart–where the turnout was upward of 150 people! Judging from the wild claims by green groups like THE Delaware Riverkeeper that thousands (millions!) of people don’t want fracking in the river basin, you’d think more than maybe 120 people would turn up for a hearing in a city like Philly. Could it be not all that many people in southeast PA give a hoot about fracking in two northeastern PA counties? That thought crossed our minds as we read the accounts of those who showed up at yesterday’s meetings in Philly. Yes, antis outnumbered those in favor of fracking, but that’s to be expected in Philly. Here’s a recap of yesterday’s meetings…
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    Riverkeeper Gears Up to Fight PennEast in Court via FERC Requests

    That didn’t take long. We knew it wouldn’t. Last Friday the Federal Energy Regulatory Commission (FERC) gave its full, final approval for the PennEast Pipeline project, 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. (see FERC Grants Final Approval for PennEast Pipe – Real Battle Begins). Yesterday THE Delaware Riverkeeper, a radicalized Big Green group, filed two requests with FERC: (1) a motion to “rehear” (i.e. reconsider) their decision to approve PennEast, and (2) a motion to block any construction on PennEast until the motion to rehear has been decided. As Riverkeeper plainly states on their website, “A Rehearing Request must be submitted and denied before a legal challenge in court can be pursued.” A court challenge is, of course, the strategy. Asking FERC to rehear the decision is nothing more than going through the motions, jumping through the necessary hoops. A huge side benefit for Riverkeeper with FERC’s decision to approve PennEast is that the opposition to the project can be leveraged as a big fundraiser for Riverkeeper: “Help us stop the big, bad pipeline. Donate here!” Below is Riverkeeper’s press release (i.e. fundraiser) about their plan to challenge FERC approval, along with their FERC filings from yesterday…
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    Volunteers Test Water for Marcellus Impact Past 8 Yrs, Find Nothing

    Here’s something truly ALLARMing: Over the past eight years the group Alliance for Aquatic Resource Monitoring (ALLARM) has conducted more than 70 workshops to train volunteer “citizen scientists” in how to test local creeks and rivers to detect the least little hint of pollution coming from the Marcellus Shale industry. Eight years! And what have they found in all that time? Nothing. Not one, single, thing. If they had, it would be front page news for days and weeks and months. Don’t get us wrong, if they want to be out there in Mother Nature testing, keeping an eye on things, we’re all for it. Knock yourselves out. Our point: Nothing has been found. Yet ALLARM continues to conduct their “free” workshops to this day. Somebody is making money somewhere on this environmentalist scheme, we’re not sure how. At any rate, the ALLARMists are hooking up with the anti-drillers of Protect Penn-Trafford to conduct another of their “free” training sessions, called Shale Gas Stream Monitoring Workshop, in Westmoreland County in February…
    Read More “Volunteers Test Water for Marcellus Impact Past 8 Yrs, Find Nothing”

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    A Sad Milestone: 10 Years Today Since NY First Banned Fracking

    My heart breaks for my fellow New Yorkers. Who could possibly have thought 10 years ago that a decade later there would still be no shale drilling in New York State? MDN’s “right hand man,” Chris Acker, was awake at the stroke of midnight last night and snapped the screenshot below, marking the exact 10-year anniversary for NY’s frack ban. The ban first started as a “temporary” moratorium–as these things always do. “Just give us a little more time to get the regulations right.” The “little more time” turned from months into years, and years have accumulated into (now) decades. It’s the standard liberal/anti playbook: Delay, Deny, and then Defend the indefensible actions taken. Our beloved state is rife with corruption–at the highest levels. Everyone knows our governor, Andrew Cuomo, is corrupt. A number of the people around him, some of his closest confidants, are either in jail or on trial. But somehow he escapes the long arm of the law. Cuomo has caved to pressure from his extreme left in directing the Dept. of Environmental Conservation to not only ban fracking, but also block and obstruct pipelines. It is sick and disgusting. Cuomo has stripped Constitutional property rights away from thousands of New Yorkers–and nobody says or does anything. This is how tyranny takes root and grows. NY is a case study. Look at the country of Venezuela today–that’s what NY will be in 30 years. Come back and read it here on MDN 30 years from now (when we’re dead and gone) to see that we were right. At any rate, as long as we have breath, we will continue to fight the good fight against the forces of evil and darkness here in NY…
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    FERC Grants Final Approval for PennEast Pipe – Real Battle Begins

    PennEast Pipeline Route – click for larger version

    It took over three years, but finally (finally!) PennEast Pipeline received a full, final kiss of approval from the Federal Energy Regulatory Commission (FERC) on Friday. One of the five FERC commissioners–Democrat Richard Glick (wind lobbyist, hand-picked by Chuck Schumer), voted against approving the project. Why are we not surprised? 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, far far out of the mainstream. Unfortunately NJ elected an authoritarian Democrat as governor–Phil Murphy (see Dem Candidate for NJ Gov Opposes PennEast, After He $upported It). Murphy (a tool of Big Green) intends to obstruct PennEast any way he can (he said so during the campaign). So the fight for PennEast is far from over. The real battle is just beginning. However, with FERC on their side, PennEast can begin construction this year, in 2018. The more pipeline laid in the ground, the harder it becomes for Murphy and his radical supporters to stop it…
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    Lancaster Against Pipelines to be Featured in Propaganda Movie

    A leftist filmmaker is attempting to get enough money via a Kickstarter campaign to fund a new propaganda film called “The Power of Protest,” which looks at five radical/left “protest” movements, one of which is Lancaster Against Pipelines (LAP). LAP is an anti-fossil fuel group founded to try to stop Williams’ $3 billion Atlantic Sunrise project, a 198-mile natural gas pipeline running through 10 Pennsylvania counties to connect Marcellus Shale natural gas from northeastern PA with the Williams’ Transco pipeline in southern Lancaster County. The married couple who started LAP, Mark and Malinda Clatterbuck, are far-left radicals who pretend to be mom and pop, salt-of-the-earth, neighbor-next-door, aw-shucks common folks who would never engage in “violent” protests. Mark Clatterbuck admits to traveling to North Dakota to participate in the mass action against the Dakota Access Pipeline–a “protest” that turned quite violent and destroyed millions of dollars of property. No, we’re not saying nor implying that Clatterbuck himself engaged in illegal actions while there. We are saying the Clatterbucks’ sympathies lie with protest movements that sometimes result in such actions. There is a very fine line for leftists between violent and non-violent protests–and all too often they tip over into the latter. They simply can’t accept the fact other people disagree with their extreme, outside-the-mainstream positions. In advertising the Kickstarter campaign to try and gin up money to fund the movie, the Clatterbucks and LAP are pushed front and center as examples of “mass protests” and their supposed effectiveness. We recall that Malinda Clatterbuck once claimed LAP has “over 1,000 people” willing to show up and engage in “nonviolent” protests against Atlantic Sunrise. So far, a grand total of 45 of their “committed” 1,000+ members have shown up and gotten themselves arrested (see 5 More Protesters Arrested in Lancaster Co. Blocking Pipeline Work). So much for shutting down work on Atlantic Sunrise. Here’s the pitch that attempts to turn two lefties into mom and pop in an attempt to raise money for yet another faux “documentary”…
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    How Does Shale Industry Counter Emotional Antis? Lessons from UK

    Sometimes it’s hard not to grow weary fighting against Big Green and their seemingly endless sources of funding (and a sympathetic mainstream media) when it comes to the issue of fracking. The very word itself, fracking, is a moniker slapped on the industry as a way of implying there’s something dirty and vulgar about what we do. We can’t tell you how many times readers have lectured us to not use that word–fracking. But the word is now entrenched in the public psyche, so we use it. How do we effectively counter the wrong/false statements and arguments used by Big Green and their supporters? Simply using facts and science, to counter the emotional puking that comes from Big Green, is not enough. The United Kingdom is now entering a phase long past here in the U.S. The U.K. is just now beginning to drill and frack its very first wells. There are more than 300 anti-fracking groups in the U.K. and an almost endless barrage of negative press about fracking in the country. The head of communications recently granted an interview to PR Week about how they are countering the opposition there. It’s an excellent interview and gives us some ideas about how we might counter the opposition on this side of the pond…
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    Lancaster Nuns Demand “Religious Freedom” Trial re Pipeline

    A group of radicalized Catholic nuns whom we refer to as Sisters of the Corn are demanding a trial on the grounds of “religious freedom” in an effort to block Williams’ Atlantic Sunrise Pipeline from crossing their land in Lancaster County, PA. The order of nuns, called Adorers of the Blood of Christ, have tried several strategies to derail Atlantic Sunrise. One of stunts they pulled, in league with a radical Big Green group, is to stick a few wooden park benches in the middle of a corn field that they own (leased to a local farmer), calling it a “chapel” (see Catholic Nuns Use Radicals to Build Chapel in Path of PA Pipeline). Which is why MDN dubbed them “Sisters of the Corn.” The heck of it is that the Sisters use natural gas to heat an old folks home they operate at the same address! Talk about religious hypocrisy. The Sisters used the chapel-in-the-corn as an excuse to sue the Federal Energy Regulatory Commission (FERC) over their approval of Atlantic Sunrise on the grounds that running the pipeline through their corn field violates their religious freedom (see Lancaster Nuns Sue FERC to Stop Atlantic Sunrise Pipeline). A federal judge in Reading, PA dismissed the frivolous lawsuit in September (see Fed Judge Tosses Lancaster Nuns’ Freedom of Religion Lawsuit re ASP). The Sisters, using Big Green lawyers, have just appealed the dismissal, hoping they can find a liberal judge somewhere, anywhere, to hear the case…
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    FERC Denies CORNball, Sierra Club Request to Stop NEXUS Pipeline

    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, is now under construction. NEXUS got final approval for the project from the Federal Energy Regulatory Commission (FERC) in August, the first major pipeline to get approved following a newly restored quorum at FERC (see New FERC Quorum Votes Final Approval for NEXUS Pipeline). However, radical environmental groups have fought the project tooth and nail. CORN (Coalition to ReRoute Nexus, folks we call CORNballs), and the far-left Sierra Club, launched lawsuits and regulatory actions against the pipeline. One such action was to file a request last fall for a rehearing of FERC’s decision to approve the project (see CORNballs, Sierra Club Continue to Fight NEXUS Pipeline in Court). A rehearing is the first step to take, a necessary step before Big Green groups can legally file a lawsuit against the project. In what is being characterized as a blow to the CORNballs and their buddies at the Sierra Club, FERC last week denied that request for a rehearing of the NEXUS approval, meaning it looks like clear sailing for NEXUS to complete their project, even with various lawsuits pending…
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    Enviro. Defense Foundation Continues Quest to Gut PA DCNR Funding

    Big Green insanity continues at the so-called Pennsylvania Environmental Defense Foundation (PEDF). The only thing they “defend” is their own twisted philosophy of trying to gouge out the eyes of the oil and gas industry in PA–even at the expense of de-funding their own beloved PA Dept. of Conservation and Natural Resources. Last June, the PEDF won a case at the PA Supreme Court by the skin of their teeth (see PA Supreme Court Hands Antis Partial Victory re State Land Drilling). The case dealt with the narrow issue of how PA can spend revenue raised from drilling for oil and gas under state-owned land. A divided court ruled that money from royalties (not lease signing bonuses) must be used only for “environmental” purposes. The Supremes sent the case back down to the lower Commonwealth Court to settle some of the still-unsettled issues. PEDF tried to fleece Commonwealth Court into disallowing lease bonus payments and royalties from being used to pay the operating expenses of the PA Dept. of Conservation and Natural Resources (DCNR). That is, antis want to gut the funding that pays the people in the department to do their jobs! PEDF wants lease and royalty money to be used exclusively for Big Green causes. Last week Commonwealth Court told PEDF: “No” (see PA Court Rejects Request to Block Royalties Funding DCNR Operations). The lower court will NOT address the issue of funding salaries and operating expenses of DCNR. The only decision the lower court will make, per their instructions from the lofty Supremes, is whether or not lease bonus payments must also be used for the same things royalty payments are used for–whatever those “same things” happen to be (operating expenses or not). Last week we said, “If PEDF wants to gut DCNR, they will have to go back to the Supremes to do it.” That’s just what they’ve done. The PEDF radicals have filed with the Supremes yet again, asking the Supremes to either take up the issue again, or force Commonwealth Court to rule the way PEDF wants–to gut the funding of DCNR…
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    Death of the Constitution Pipeline? FERC Refuses to Overrule NY DEC

    This is a bitter and sad day. The five Commissioners of the Federal Energy Regulatory Commission (FERC) released a decision yesterday (copy below) that FERC will not overrule an illegal decision by the corrupt Cuomo Dept. of Environmental Conservation (DEC) to block construction of the Constitution Pipeline (which FERC approved in 2014). Is this truly “lights out” for the Constitution? It would seem so. Cuomo’s DEC took more than two years to evaluate and eventually reject the Constitution Pipeline–a $683 million, 124-mile pipeline from Susquehanna County, PA to Schoharie County, NY to move Marcellus gas into NY and New England (see NY Gov. Cuomo Refuses to Grant Permits for Constitution Pipeline). Constitution went to federal court to overturn that decision, but ultimately failed last August (see Court Rejects Constitution Pipe’s Case Against NY DEC; Now What?). But then a ray of hope appeared in the galaxy. FERC overruled NY DEC in another pipeline case, so Constitution filed a request with FERC to overrule NY DEC in their case (see Constitution Pipeline Asks FERC to Override NY DEC). FERC wanted to overrule DEC again. You can read between the lines and detect it in yesterday’s decision. But ultimately FERC could not overrule the DEC because the DEC rejected the permit with four days left ticking on a one-year clock (we explain it all below). So this question: Are all avenues exhausted for Constitution? Is the ray of hope in the galaxy now extinguished? Will evil (i.e., the Cuomo-corrupted DEC) rule the galaxy? According to Williams, Constitution’s builder, the answer is an emphatic, “NO!” Williams will first file with FERC, asking them to rehear their decision (which we don’t think is likely). If FERC denies the rehearing request, Williams is prepared to appeal FERC’s decision to federal court…
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    Monroeville Pushes Ban on NatGas Activity, Incl. Drilling & Plants

    The dunderhead leaders of Monroeville, PA (Allegheny County, suburb of Pittsburgh) are at it again, acting hostile toward the shale industry, attempting to stymie any kind of shale activity within its borders. In September, Monroeville Council voted to enact a super-restrictive seismic testing ordinance (see Monroeville, PA Passes Restrictive Seismic Testing Ordinance). The ordinance is meant to hassle Huntley & Huntley (H&H), which wants to conduct seismic testing in two rural areas of the municipality. In October, the contractor hired to do the seismic work for H&H, Geokinetics, took Monroeville Council to court over their punitive seismic ordinance. Both sides compromised and in November settled the case (see Monroeville Council Approves Seismic Testing Court Settlement). In October, Monroeville Council passed a temporary ban on oil and gas well drilling everywhere except for those areas marked M-2 industrial zoning–a big change (see Monroeville, PA Hostile to Shale, Bans Drilling in Most Places). Previously drilling permits were “conditional use,” meaning each permit was evaluated on its own merits, regardless of which zoning district it was located in. By limiting drilling to M-2, the Council effectively banned drilling in the municipality. They passed the temporary ban until they could pass a new zoning ordinance that would set the frack ban policy in concrete. That day is now here. Monroeville Council has just advertised a new zoning ordinance to FURTHER RESTRICT any kind of oil and gas activity–not just drilling, but pipelines, compressor plants, etc.–to a 150-acre parcel located next to the city dump. That’s 150 acres out of 12,620 acres that make up Monroeville (1%). In other words, this is a complete and total ban on the shale industry in Monroeville–the Pittsburgh suburb that’s officially “closed for business”…
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    PA Court Rejects Request to Block Royalties Funding DCNR Operations

    Last June, radical anti-drillers from the Pennsylvania Environmental Defense Foundation (PEDF) won a case at the PA Supreme Court by the skin of their teeth (see PA Supreme Court Hands Antis Partial Victory re State Land Drilling). The case dealt with the narrow issue of how PA can spend revenue raised from allowing drilling for oil and gas under state-owned land. A divided court ruled that money from royalties (not lease signing bonuses) must be used only for “environmental” purposes. The Supremes sent the case back down to the lower Commonwealth Court to settle some of the still-unsettled issues. PEDF tried to fleece Commonwealth Court into disallowing lease bonus payments and royalties from being used to pay the operating expenses of the PA Dept. of Conservation and Natural Resources (DCNR). You read that right. The antis wanted to gut the funding that pays the people in the department to do their jobs! PEDF wanted lease and royalty money to be used exclusively for Big Green causes. Earlier this week Commonwealth Court told PEDF no, they will not address the issue of funding the salaries and operating expenses of DCNR. The only decision they will make, per their instructions from the lofty Supremes, is whether or not lease bonus payments must also be used for the same things royalty payments are used for–whatever those “same things” happen to be (operating expenses or not). In other words, if PEDF wants to gut DCNR, they will have to go back to the Supremes to do it…
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    OH Towns Duped by CELDF Nervous Following PA Court Ruling

    Svengali

    Earlier this week MDN told you that Tom Linzey, the anarchist attorney who founded and runs the radical Community Environmental Legal Defense Fund (CELDF), has been sanctioned by Federal Judge Susan Paradise Baxter and ordered to pay $52,000 to Pennsylvania General Energy (PGE) for his “bad faith” in continuing to press legal arguments on behalf of Grant Township, in Indiana County, PA (see Attorney for Anti Group CELDF Fined $52K for “Bad Faith”). Not only that, Judge Baxter also referred the matter to the Disciplinary Board of the Pennsylvania Supreme Court with a request they review Linzey’s actions with an eye to imposing more punishments against him. Linzey is red hot with rage following the sanctions imposed on him–claiming he’ll sue everyone and everything to clear his good name. Thing is, Grant Township isn’t the only town Linzey has duped using his Svengali routine. There are others, in both PA and OH. Athens, OH is one of them. The so-called “Community Bill of Rights” adopted by Athens in 2014 is almost word for word the same exact language thrown out by Judge Baxter in PA. Which is giving folks around Athens pause. It’s making them nervous about what will happen if they get sued, as you can detect in the following story…
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    Ultra-Lib Boston Globe Now Admits New England Needs New Pipes

    In the end, even the ultra-liberal editors of the Boston Globe couldn’t ignore and deny reality–the reality that their own favorite sons and daughters are to blame for sky high energy prices and dirtier air, because they’ve fought against new natural gas pipelines. We’ve been blowing the horn that New England is getting hosed on energy prices, paying the highest average prices in the world for natural gas, because of their stubborn refusal to allow new Marcellus gas pipelines into the region (see New England’s Lack of Pipelines = Most Expensive Gas in the WORLD). And now, even the ultra libs are admitting it. Here’s what the Boston Globe says “went wrong” and why the region is experiencing more air pollution this winter…
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