Hydraulic Fracturing

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    Fracking Debate at Binghamton U: Holko vs Steingraber

    Last night MDN editor Jim Willis attended a “You Defend It” debate at Binghamton University between pro-driller John Holko, president of Lanape Resources (Buffalo area), and anti-driller Sandra Steingraber, a so-called “scholar in residence” at Ithaca College and founder of New Yorkers Against Fracking. The debate was on the topic of whether or not New York should allow high volume hydraulic fracturing (shale fracking). The format was interesting and refreshing–NO audience participation allowed. No cat calls or clapping or hooting characteristic of hippie anti-drillers was allowed. Also, the debaters were not allowed to question each other or respond to the other’s arguments. It was the moderator (Binghamton attorney Rob Kilmer) asking them questions in turn–and that’s it. The audience, which MDN would estimate at 250-300 people, heard the best pro and con arguments from both sides. Refreshing. And, enlightening.

    If we could step back and make an observation about the poise and demeanor of the debaters, John Holko was relaxed and worked from no notes. Sandra Steingraber, whom we have perhaps uncharitably called nutty, was nuttier than ever. She looked tense and had many notes and every response to a question started and ended with how fracking leads to an environmental holocaust that’s killing Mother Earth. When grilled by Kilmer as to why fracking doesn’t seem to be creating widespread damage in Pennsylvania the way she portrays it would in New York, she responded (amazingly) it really is. Steingraber maintains “everyone” is hushed up by legal gag orders in PA that don’t allow residents to tell the truth of what’s happening. So you see, she was simply off the rails–yet again…
    Read More “Fracking Debate at Binghamton U: Holko vs Steingraber”

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    3 Anti-Drilling MD Commissioners Want Fracking Delayed…Surprise!

    It’s been a loooong road in Maryland, evaluating whether or not they should, and if so how, to move forward with hydraulic fracturing of shale in two counties in the state. Failed Gov. Martin O’Malley appointed a commission nearly three years ago to study it. A couple of studies have been created with two more still to go–due by August 1st of this year. The two remaining studies are nebulous “heath effects” (sound familiar?) and economic impacts from drilling. MDN has always joked that Maryland was the only state more dysfunctional than New York when it comes to shale drilling. We were wrong–New York is at the bottom of the heap. We think Maryland could actually beat us to the drill bit. Maybe.

    However, we noticed an op-ed written by three members of the Maryland Safe-Drilling Advisory Commission, all three anti-drilling, that argues Maryland should be *more* like New York and delay. They say, in essence, “Ain’t no way those two studies can done in time.” So the answer? Delay. Hey, the delay strategy has worked in spades for NY–why not try it in MD? Here’s the op-ed (and what you get when you appoint anti-drillers to a drilling commission)…
    Read More “3 Anti-Drilling MD Commissioners Want Fracking Delayed…Surprise!”

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    State College Teens Help Out with Shale Network Water Sampling

    Penn State and other organizations sponsor an initiative called the Shale Network. The Shale Network is a group of volunteers who sample local rivers and streams to ensure Marcellus drilling is not having a negative effect on local waterways. So far, we’ve not heard of a single instance where the testing has turned up a problem.

    Part of the Shale Network is the Teen Shale Network, which involves local high school students from the State College, PA area to help with the testing–as a way to educate them on field science. To which we say, great! The kids were out freezing their derriere’s off recently, taking samples in Black Moshannon State Park…
    Read More “State College Teens Help Out with Shale Network Water Sampling”

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    Expect “Frackgate” to be an Issue in Ohio for a While

    Anti-drillers in Ohio, like the Sierra Club, have dubbed the “revelation” that the Ohio Dept. of Natural Resources (ODNR) once crafted a communications plan to deal with nutjobs (like them) a scandal, so they’ve take to calling it “frackgate” (see ODNR Ticks Off Anti-Drilling Sierra Club with Drilling PR Plan). Relatedly, we also told you about Gov. John Kasich already throwing in the towel and admitting defeat on the matter of drilling in a single state forest and two state parks (see The Disgusting PR Mess in Ohio – No One Smells Pretty).

    You can expect “frackgate” to continue to be an issue in Ohio for a while because of the upcoming governor’s race. As we previously pointed out, the liberal Dems never let a good manufactured controversy (or crisis) go to waste. They’re now whispering about Kasich’s “enemies list” from the ODNR plan (even though Kasich had nothing to do with authoring the PR plan). By the way–they are enemies–of truth and common sense and reasonableness. Being good libdems, they will continue to harp on the “frackgate” issue, using a sycophantic press. Here’s the latest example of an article with absolutely no new information, the only purpose of which is to keep the story alive and in the minds of voters:
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    PA Supreme Court Won’t Reconsider Act 13, Impact Fee Now in Doubt

    The Pennsylvania Supreme Court continues their lunacy. On Friday they obstinately said they would not revisit their decision on the Act 13 Marcellus drilling law passed in early 2012 (see Ongoing Fallout from PA Supreme Court’s Wrong Act 13 Decision). PA Gov. Tom Corbett asked them to reconsider but the haughty response is a big “no way.” And so the very real possibility that the Supreme Court has just shut off the spigot to $200 million+ per year in impact fees. The Supremes vacated large sections of the Act 13 law that involve the collection and distribution of the Act 13 impact fee, a fee that has benefited countless communities around the state–particularly those where drilling’s impact is felt the most (hence the name). Now? Screw you seems to be the attitude of the justices.

    And so we hope the seven “brave” townships that sued and kept suing are happy that they’ve just hosed the entire state with their actions–spoiling it for everyone. Congratulations…
    Read More “PA Supreme Court Won’t Reconsider Act 13, Impact Fee Now in Doubt”

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    New Staffers on Way at PA DEP O&G Courtesy Higher Permit Fees

    PA’s Secretary of the Dept. of Environmental Protection, Chris Abruzzo, told lawmakers last week that he plans to hire “several dozen” new staffers in the oil and gas regulation area of the DEP by using new money from a bump up in well permitting fees. Abruzzo said the current 83 inspectors in the field are enough to get the job done, but what they do need is extra help back in the office–support staff.

    MDN told you last September that well permit fees are set to go up 56%–from $3,200 per horizontal well to $5,000 (see Coming Soon: PA Drillers to Pay 56% More for Marcellus Permits). The new fee was approved by the DEP’s Environmental Quality Board but needs several more approvals before going into effect (expected soon). Once it does, the help wanted ads will begin to run…
    Read More “New Staffers on Way at PA DEP O&G Courtesy Higher Permit Fees”

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    The Disgusting PR Mess in Ohio – No One Smells Pretty

    You have to hand it to Democrats. As Rahm “the Godfather” Emanuel once stated, they never let a serious crisis to go to waste. And if there isn’t a serious crisis? They manufacture one, of course. And that’s what Dems are doing in Ohio. You know MDN is not a fan of RINO Gov. John Kasich and his penchant to raise severance taxes just to give it away to buy votes, and we’re certainly no fans of his jingoistic “foreigner” hunting. But Kasich is being unfairly targeted by Democrats over the recent “revelation” that the ODNR had a public relations plan cooked up to deal with nutjobs (mostly Dems) who would oppose drilling under (not on) one state forest and two state parks (see ODNR Ticks Off Anti-Drilling Sierra Club with Drilling PR Plan). The Dems are now calling for an investigation. (Funny how they never want to investigate our lawless President, isn’t it? But we digress.)

    Kasich now says he doesn’t want any drilling under (not on) that one state forest and two state parks, and hasn’t wanted it for a year and a half–although he never publicly announced it. Translation: the Dems have already won the PR war on this issue and have made Kasich back down. Kasich should have, instead, thrown it in their faces by pushing forward with a plan. Here’s the sad story of a complicit media, hypocritical Democrats, and wimpy RINO Republicans (a disgusting mess)…
    Read More “The Disgusting PR Mess in Ohio – No One Smells Pretty”

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    EPA Issues Final “Guidance” Defining Diesel Fuel re Frack Fluid

    Ten days ago the federal Environmental Protection Agency (EPA) released a “guidance” to define what is and is not diesel fuel for the purposes of deciding (on a case by case basis) whether or not a driller can use that substance in their fracking fluid. In 2005 Congress passed a law that says diesel fuel can only be used as a component in fracking fluid if specifically approved, on a case by case basis. Very few (if any) drillers use diesel fuel in their fracking fluid. These days, the race is on to see how green fracking fluid can be made (see Fracking Fluids/Technology Getting Greener Each Year). However, the EPA feels duty-bound (we’d call it zealous) to ensure everyone knows exactly what is, and is not, diesel fuel for the purposes of complying with the law. The guidance just released establishes those boundaries.

    Below is the EPA announcement making what was previously a draft guidance a final guidance, along with a copy of the guidance itself…
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    EPA OIG Begins Project to “Evaluate” Water Threats from Fracking

    MDN has warned you for years that the federal Environmental Protection Agency (EPA) has an earnest desire to take over (illegally, in our opinion) the role of regulating oil and gas drilling in this country. Regulation of oil and gas falls, Constitutionally, to the individual states–not the federal government. So meddling bureaucrats, like the EPA’s Office of Inspector General (OIG), have to use creative excuses to begin the process of a federal takeover–and they only have a few years left in Obama’s term to do it (we hope). What better excuse to use than fracking may, might, theoretically could, possibly, concerningly, disturbingly, maybe…threaten water supplies. And so of course the OIG needs to hurry up and take a look at that–before time runs out! It’s what comes after “taking a look” that concerns us.

    Below is a memo from the Acting Administrator for Water saying she’s about to convene a project that will “determine and evaluate what regulatory authority is available to the EPA and states, identify potential threats to water resources from hydraulic fracturing, and evaluate the EPA’s and states’ responses to them.” Translation: We’re comin’ for ya states–and we’re really comin’ for you drillers. Hey OIG–your bosses in the EPA are already in the midst of a multi-year “study” of fracking with a final report due soon (see Big News: EPA Fracking Study Delayed 2 Years – Now Due 2016). Why do you need to meddle too? Here’s the OIG’s opening salvo in the fracking wars:
    Read More “EPA OIG Begins Project to “Evaluate” Water Threats from Fracking”

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    Another Day, Another “Study” Saying Marcellus Kills Nature

    We sometimes wonder: Do some humans suffer from species guilt? Why do some people seem to believe that the human animal–the crowning achievement of all of God’s (or evolution, depending on your view of origins) animals–is actually an infestation on Mother Earth? There is a direct correlation between man’s development and use of energy, and man’s advancement. We live longer, are healthier, and enjoy more “stuff” than ever–largely because of energy: electricity, oil, natural gas and coal. Everything from your phone to your computer to the clothes you wear and the shoes on your feet, even what you eat–all of it is derived from and delivered by abundant energy sources. And yet, some humans want to turn the clock back–they want less energy. It’s like they have a death wish for the human species, or perhaps they are self-loathing. It’s simply irrational and unfathomable.

    Those are the thoughts we had after reading about the latest release of a “study” that takes a look at how drilling in the biggest and best shale play–the Marcellus–maybe, might, possibly, could, theoretically lead to the destruction of wildlife habitat and freshwater ecosystems. But why stop there? Let’s throw in wind power too! Wind power also screws up wildlife habitats. And so this latest “research” study, titled Shale Gas, Wind and Water: Assessing the Potential Cumulative Impacts of Energy Development on Ecosystem Services within the Marcellus Play (copy embedded below, authored by the anti-drilling Nature Conservancy and published in a “peer-reviewed” journal), seeks not to eliminate Marcellus drilling (because that train has already left the station), but instead encourages Soviet-style central planning by government bureaucrats to minimize the effects of all this willy nilly drilling that’s goin’ on out they’a…
    Read More “Another Day, Another “Study” Saying Marcellus Kills Nature”

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    Halliburton Fined $1.8M for Storing/Treating HCl at W PA Facility

    got caught red handedIn one of the biggest (perhaps the biggest) fines levied by the Pennsylvania Dept. of Environmental Protection (DEP), Halliburton has been fined $1.8 million for storing and treating hydrochloric acid (HCl) at a facility in Homer City, PA (about 50 miles from Pittsburgh). The HCl shipped and treated at the Homer City site happened over a 13-year period of time from 1999-2011, meaning most of it came from conventional natural gas well sites, although some it likely came from Marcellus Shale sites too (the conventional/unconventional split is not identified in the DEP paperwork). Marcellus drilling in PA didn’t ramp up until around 2006-2007. The DEP says Halliburton had claimed exemption from the state’s Solid Waste Management Act of 1980 for their Homer City facility, saying they were shipping and storing very small amounts of HCl at the facility when in fact that was not the case. Based on their false claim, Halliburton was given a pass on inspections, paperwork filing, signage, and the requirement to use certified hazardous waste haulers on more than 250 truck trips in and out of the facility–hauling HCl. Halliburton was in the wrong, they now acknowledge it (having been caught), and they’ve been levied a steep fine.

    Both the DEP and Halliburton stress that there “is no evidence that Halliburton’s handling of the hazardous waste caused any actual harm to the public or the environment.” However, Halliburton violated both the spirit and the letter of the law and have now been caught. Shame on them. Below is the announcement from the DEP, a copy of the consent order signed by Halliburton admitting guilt, and an article providing important details about this story not found elsewhere…
    Read More “Halliburton Fined $1.8M for Storing/Treating HCl at W PA Facility”

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    US Sec of Energy Moniz Gives Cuomo Swift Kick over Fracking Delay

    U.S. Secretary of Energy, Ernest Moniz, gave NY Gov. Andrew “Can’t-Make-a-Decision” Cuomo a metaphorical kick in the rear yesterday by saying Cuomo ought to consider the economic prosperity fracking has brought to Pennsylvania. He also said fracking can and is being done safely–that it’s “manageable.” In other words, wise up Andy.

    Three cheers for Ernie! Here’s what Moniz told Politico’s Capital New York publication:
    Read More “US Sec of Energy Moniz Gives Cuomo Swift Kick over Fracking Delay”

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    2 OH Anti-Drilling Dems Miffed at Being Fingered in ODNR Memo

    Yesterday MDN told you about the Ohio Dept. of Natural Resources’ innovative strategy to deal with the issue of drilling under (not on) a state forest and two state parks. Frankly, the came up with a brilliant public relations plan (see ODNR Ticks Off Anti-Drilling Sierra Club with Drilling PR Plan). But they decided in the end not to pursue the plan, knowing about the loud (and foul) mouthed opposition they would face. Listed by name in the list of dunderheads who oppose shale drilling in the state were none other than OH Rep. Robert Hagan, Democrat from Youngstown, and OH Rep. Nickie Antonio, Democrat from Lakewood (notice a trend here?). The two have called on the Speaker of the Ohio House to launch an investigation into what they creatively call “Frackgate”. It will never happen, but that’s not the point.

    We’d say Representatives Hagan and Antonio are up to their necks in…fracking waste. But then that would be unkind, wouldn’t it? So we’ll just say this is “more of the same” and gives the anti-drilling Hagan and Antonio an excuse to (once again) trot out the same old tired lies they’ve told a thousand times before. Here’s 1001…
    Read More “2 OH Anti-Drilling Dems Miffed at Being Fingered in ODNR Memo”

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    ODNR Ticks Off Anti-Drilling Sierra Club with Drilling PR Plan

    memoIn August of 2012 staffers at the Ohio Dept. of Natural Resources (ODNR) made a boo-boo. They put into writing (in the form of a 13-page memo, embedded below) a draft plan to promote Utica Shale drilling under (not on) Sunfish Creek State Forest (in Monroe County), under (not on) Barkcamp State Park (in Belmont County), and under (not on) Wolf Run State Park (Noble County). The memo begins by saying there will be a communications problem to solve: “An initiative to proactively open state park and forest land to horizontal drilling/hydraulic fracturing will be met with zealous resistance by environmental activist opponents, who are skilled propagandists. Neutral parties in particular — such as ordinary citizens concerned about their families’ health — will be vulnerable to messaging by opponents that the initiative represents dangerous and radical state policy by Gov. Kasich.” (emphasis original) The memo states later on that, “Anti-fracking activists will attempt to legally and physically disrupt or halt the drilling projects, including staging dangerous protests on state lands. (This will require sustained legal countermeasures and crisis readiness by ODNR.)”

    May we translate? Groups like the Sierra Club lie to people about the drilling issue–and they sometimes engage in bullying (and violent) behavior. Of course the Sierra Club liars are just a bit miffed at being called out as liars and bullies–by no less than a state agency charged with regulating oil and gas. So they are on the offensive. The first thing the Sierra Club and similar groups will do (are doing) is to get their buddies in the slavishly devoted mainstream media to pick up their “ODNR are scumbags” meme and run with it. The second thing is they will use the ODNR memo in fundraising letters, which is really what the shale drilling issue is for them–a big, fat fundraiser…
    Read More “ODNR Ticks Off Anti-Drilling Sierra Club with Drilling PR Plan”

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    Shame & IgnomiNY: Cuomo Sued by 70K NY Residents over Frack Delay

    The shame and ignominy of being sued by residents of your own state to do you job. That’s what happened to Gov. Andrew “Can’t Make a Decision” Cuomo on Friday when the 70,000-member Joint Landowners Coalition of New York filed an Article 78 lawsuit last Friday (see D-Day: JLCNY Files Lawsuit Today Against Cuomo, Martens, Shah). You might think 70,000 residents suing a governor would be important news–even the whiff of something like that should rate at least a mention in the news, right? If you live in Binghamton (where the JLCNY is headquartered), and your newspaper is a local liberal Gannett newspaper–that answer would be: “wrong.” In the lead-up to the lawsuit being filed, the Binghamton Press & Sun-Bulletin obstinately (and angrily) refused to cover the story. They censored it. It was only after MDN friend and intrepid blogger Andy Leahy, writer of NY Shale Gas Now! prodded and poked and agitated the great dragon did they finally deign to post an article about the lawsuit.

    The article finally appeared in the Saturday, Feb 15 edition (the day no one reads the paper). To their credit, it was a front-page story–“above the fold.” But it was tucked along the right side (see the front page of that issue below). What, you may ask, was the all-important lead news item dominating the front page, taking up more than half of the editorial space? An open house at Binghamton University. Talk about journalistic integrity and keen insight–people with a real bead on what’s important for readers. Those editors at the PSB, there’re a sharp bunch…
    Read More “Shame & IgnomiNY: Cuomo Sued by 70K NY Residents over Frack Delay”

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    D-Day: JLCNY Files Lawsuit Today Against Cuomo, Martens, Shah

    Gavel fallingToday the 70,000 members of the Joint Landowners Coalition of New York (JLCNY) will finally launched their legal offensive against a recalcitrant governor, commissioner of the DEC, and the state health commissioner. D-Day will, of course, forever be associated with the first day of the World War II Allied Forces landing on the beaches of Normandy, France–June 6, 1944. We are in no way comparing the current action by the JLCNY with that momentous day which included incredible sacrifices by brave American (and other country’s) troops. However, D-Day is also a generic military term that means the day on which a combat attack or operation is to be initiated. It is in that sense we say that today is legal D-Day for the JLCNY and pro-drilling landowners. This IS a battle, it IS important with incredibly high stakes, and it does seem as though the odds are stacked against us. However, we have our own allied legal forces and we, as pro-drilling landowners in New York, are determined to win. And win we will!

    The lawsuit will be filed in Supreme Court in Albany County, NY. (Oddly enough, Supreme Court is a lower court in New York–one step up from county court.) What a badge of shame for Cuomo, Martens and Shah to be sued by residents of their own state, pleading with the courts to force them to do the job they were elected (or appointed) to do. Below is the overview statement from JLCNY’s lead attorney Scott Kurkoski, a partner at Binghamton law firm Levene Gouldin & Thompson. It outlines the legal arguments the JLCNY will use in their Article 78 lawsuit to force compliance with established law and force the release of the SGEIS shale drilling regulations. Below the overview are copies of the lawsuit paperwork being filed today (three documents in all). We wish Scott and the JLCNY Godspeed and good luck–we’re cheering the whole way, and you should be too…
    Read More “D-Day: JLCNY Files Lawsuit Today Against Cuomo, Martens, Shah”