Hydraulic Fracturing

Delaware County | Hydraulic Fracturing | Industrywide Issues | Litigation | New York | Regulation | Statewide NY

NY Judge Tosses Out Sidney Moratorium Law for Procedural Issues
January 15, 2014January 15, 2014

It was a good day for New York landowners and pro-drillers yesterday. MDN told you on Monday that we had confirmed a decision had been made in the lawsuit brought by landowners in Delaware County against the Town of Sidney, NY for passing a moratorium on fracking (see Breaking: NY Court Decisions in Binghamton & Sidney Cases). We knew there had been a decision by Supreme Court Judge John F. Lambert–we just didn’t know what the decision was.

MDN received a copy of the decision yesterday (full copy embedded below) and it’s good news for landowners. The moratorium law was ruled “invalid”–but not because it was a moratorium. The law was tossed out because of the way it was enacted–for procedural issues. In fact, Judge Lambert was careful in his decision to point out that, “…the court has not addressed the moratorium issue.” So although this was a good decision and a reason to be happy, it wasn’t a jump-up-and-down-let’s-celebrate decision that seals of the fate of fracking moratoriums in NY. It occupies the middle ground on the happy face scale for us…
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Broome County | Hydraulic Fracturing | Industrywide Issues | Litigation | New York | Regulation | Statewide NY

Binghamton’s New Mayor Fesses Up to Withdrawing Moratorium Appeal
January 15, 2014January 15, 2014

Yesterday MDN told you the great news that the City of Binghamton had withdrawn its appeal of a court decision overturning the moratorium passed by an all-Democrat City Council and mayor at the eleventh hour in 2011 (see Breaking: NY Court Decisions in Binghamton & Sidney Cases). As we said yesterday, the interesting aspect of the Binghamton development is the timing–coming so close to a new mayor taking office. We said it sure looks like new Republican Mayor Rich David played an important role in the decision to withdraw the appeal. We were right.

MDN contacted the mayor’s office and we were told he’s traveling at the moment and would respond upon his return. However, a few hours later his office issued the following statement in which Mayor David lays out the timeline and his role in ending the long, drawn-out process. David came down on the side of landowners and pro-drillers–so three cheers for Mayor David! Here’s the statement issued by his office midday yesterday:
Read More “Binghamton’s New Mayor Fesses Up to Withdrawing Moratorium Appeal”
Accidents | Energy Companies | Hydraulic Fracturing | Industrywide Issues | Jay-Bee Oil & Gas | Tyler County | West Virginia

Frack Tank Explosion in Tyler County Shuts Down Jay-Bee Pad
January 15, 2014January 15, 2014

Try as we might, sometimes an important news story slips by our otherwise keen eye on the Marcellus and Utica. Case in point: On Jan. 2 there was a rare accident at a shale drilling site in Tyler County, WV, a drill site operated by WV-based Jay-Bee Oil & Gas. A flow-back tank on the drill pad exploded, injuring a worker at the site and causing the spill of a “black sludge” onto a neighboring field. The West Virginia Dept. of Environmental Protection (DEP) shut down the Lisby drill pad operation, which is located along Big Run Road, roughly 6 miles southeast of Middlebourne, WV, and issued Jay-Bee a citation over the incident.

Jay-Bee was supposed to have provided a report to the DEP by yesterday outlining what happened and why. The DEP is also requiring Jay-Bee to provide a best management practices plan for flow-back tank systems at all of its operations in WV. In other words, Jay-Bee is now on the hot seat and needs to prove to the DEP that they can operate safely. Here’s what we can so far find about the accident, including the WVDEP’s statement about it…
Read More “Frack Tank Explosion in Tyler County Shuts Down Jay-Bee Pad”
Allegheny County | Anti-Drilling/Fossil Fuel | Hydraulic Fracturing | Industrywide Issues | Pennsylvania | Regulation

Bobby Vagt Leaves Heinz, Will Become Chairman of Rice Energy
January 15, 2014January 15, 2014

Looks like Bobby Vagt, current and soon to be former president of the Heinz Endowments, will get the last laugh. Vagt, you may recall, announced his “retirement” as president of the Heinz Endowments in October of last year. It has never been confirmed, but there’s plenty of anecdotal evidence to suggest mommie dearest Teresa Heinz Kerry bounced him out for his participation in helping to form the Center for Sustainable Shale Development (see Bobby Vagt Out as Pres of Heinz Endowments – Fracking Connection?). Momma Teresa never gave Bobby permission to get that cozy with the drilling industry, and that, dear friends, was a no-no for Bobby.

So Bobby is taking off. And where is he going? To become chairman of the board at Rice Energy, once they complete their IPO (see Rice Energy Launches IPO, Hopes to Raise $840M). Bobby is already a wealthy man, but helping to steer the direction of Rice Energy will no doubt make him a lot wealthier. Which is amusing to MDN. You see, Bobby is making his money the old-fashioned way–he’s earning it. Momma Teresa made her money the liberal way–she married it. Here’s the story about Bobby saying bye-bye to Teresa and heading off to (much) greener pastures…
Read More “Bobby Vagt Leaves Heinz, Will Become Chairman of Rice Energy”
Hydraulic Fracturing | Industrywide Issues | Pennsylvania | Statewide PA

Reminder: Ben Franklin Shale Gas Contest Deadline is Feb 1
January 15, 2014January 15, 2014

MDN previously told you about the Ben Franklin Shale Gas Innovation and Commercialization Center’s $100,000 contest (see 2014 Ben Franklin Shale Gas Contest – $100K in Cash Prizes!). A gentle reminder that the Institute’s deadline to apply to receive one of four $25K prizes for an up-and-coming innovator is quickly approaching–February 1st. Here’s more details from the Institute:
Read More “Reminder: Ben Franklin Shale Gas Contest Deadline is Feb 1”
Anti-Drilling/Fossil Fuel | Broome County | Delaware County | Hydraulic Fracturing | Industrywide Issues | Litigation | New York | Regulation | Statewide NY

Breaking: NY Court Decisions in Binghamton & Sidney Cases
January 14, 2014January 14, 2014

An important development in two New York court cases that potentially impacts shale drilling in the state–and no, neither is (directly) about the Dryden or Middlefield town ban cases currently before New York’s highest court, the Court of Appeals. The two cases we’re referring to are (1) the City of Binghamton and their ill-fated “moratorium” thrown out by a lower court judge in 2012 and subsequently appealed, and (2) a similar moratorium in the Town of Sidney, NY.

In the Binghamton case, the appeal of the tossed-out fracking moratorium authored by anti-drilling husband and wife team of David and Helen Slottje has been withdrawn–so that case is now officially ended and the moratorium remains tossed and unenforceable. This is big news with big implications. In the case of Sidney, the judge in that case (different judge from the Binghamton case) issued a decision yesterday, but as of the time we wrote and posted this story, we still do not have a copy of the decision. We’ll post it as soon as we get it. Let’s dive deeper into both cases…

(Important update at the end of this article)
Read More “Breaking: NY Court Decisions in Binghamton & Sidney Cases”
Anti-Drilling/Fossil Fuel | Hydraulic Fracturing | Industrywide Issues | Pennsylvania | Regulation | Statewide PA

PA Democrat Gov Candidates Support Partial/Full Moratorium
January 14, 2014January 14, 2014

Last night, eight Democrat candidates participated in a forum in Philadelphia, all of them seeking the Democrat nomination for governor to run this November. Pay close attention: Seven of the eight support a shale drilling moratorium–either statewide or in certain parts of the state. This is profoundly bad news if the good citizens of PA are unwise enough to elect one of them to the governorship.

If you want a good idea of the calamity that awaits PA in choosing a Democrat governor, House and Senate, PLEASE read (or re-read) MDN contributor Chris Acker’s article here: Guest Post: Pennsylvania Drilling Moratorium – Good or Bad?. Here’s how it played out last night in Philly with regard to Democrat support for a moratorium on shale drilling:
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Hydraulic Fracturing | Industrywide Issues

New Fracking Book from ABA Good for Lawyers & Laymen Alike
January 14, 2014January 14, 2014

The American Bar Association has just published a new book on fracking titled “Beyond the Fracking Wars.” According to the press announcement, the book ($119) strikes a balance between the legal, regulatory, social and technical aspects of fracking. It further explains the numerous policy choices and decisions that influence fracking development and expansion, taking an approach that is neither pro- nor anti-fracking. A “just the facts, ma’am” kind of book.

The ABA announcement:
Read More “New Fracking Book from ABA Good for Lawyers & Laymen Alike”
Hydraulic Fracturing | Industrywide Issues | Litigation | Pennsylvania | Regulation | Statewide PA | Taxation

PA Dems Lick Their Chops over Chance to Tax Marcellus Drilling
January 13, 2014January 13, 2014

Sad and tragic is how we would term it. Pennsylvania’s elected Democrats in both the House and Senate are licking their chops, salivating at the chance to get rid of a mostly fair fee/tax on the Marcellus drilling industry–the “impact fee” created under the now largely gutted Act 13–and replace it instead with a harmful, regressive severance tax they can use to endlessly fund their pork barrel projects and frankly, line their own pockets. The Dems are almost like kids at Christmas, jumping up and down can’t wait to open the presents happy over the possibilities…
Read More “PA Dems Lick Their Chops over Chance to Tax Marcellus Drilling”
Hydraulic Fracturing | Industrywide Issues | Litigation | Pennsylvania | Regulation | Statewide PA

Industry Vet Points Out Error in PA Supreme Court Act 13 Ruling
January 13, 2014January 13, 2014

Timothy Merrill, a now-retired resident of western Pennsylvania who worked 40 years as a buyer and marketer in the natural gas industry, wrote a sterling analysis of the Act 13 decision by the PA Supreme Court a few days ago in the Pittsburgh Post-Gazette. In his article, Merrill points out the whopping error upon which Chief Justice Ron Castille (a Republican!) based his decision. Castille states in his decision he believes drilling and fracking are inherently harmful to the environment. Problem is, says Merrill, there’s 60 years of drilling and fracking history in PA that proves just the opposite (something called “evidence,” Mr. Chief Justice). Unfortunately Castille, along with the three anti-drilling Democrats on the high court, have now invented new rights that didn’t exist before–creating bad case law that will have a profound impact for years to come.

Here’s Merrill’s “what for” article that takes the disappointing Castille to the woodshed for his profound lack of judgment…
Read More “Industry Vet Points Out Error in PA Supreme Court Act 13 Ruling”
Anti-Drilling/Fossil Fuel | Education | Hydraulic Fracturing | Industrywide Issues | Ohio | Statewide OH

Radio Disney Pressured, Pulls Out of OH O&G Education Program
January 13, 2014January 13, 2014

Radio Disney had been participating in a tour of elementary schools in Ohio as part of an education project that, among other things, educates kids on how oil and gas drilling and pipelines work. Called “Rocking in Ohio” the program’s intent is to foster interest in science and technology. Because the tour is sponsored by the Ohio and Gas Energy Education Program and partially funded by the drilling industry, the anti-drilling brigade came out in force and has now pressured Disney into withdrawing from the program. We can’t have the truth getting out there in song and dance, ya know!

Few American-based media outlets are covering the story, so we have to get the Disney story from the pro-terrorist Al Jazeera America network. You know, the network that paid Al Gore a gazillion dollars for his dying Current TV network, finally making Al a rich man and giving Al Jazeera access to American airways to spread their garbage. The network that hires CNN has-beens like Soledad O’Brien to put a pretty face on an ugly network. The network that loves to air terrorists beheading people? Yeah, that network–the network owned by Middle Eastern oil sheiks who fear fracking will end their massive wealth gives us the Disney pulling out in Ohio story…
Read More “Radio Disney Pressured, Pulls Out of OH O&G Education Program”
Hydraulic Fracturing | Industrywide Issues | Litigation | Pennsylvania | Regulation | Statewide PA

Philly Inquirer Misidentifies Photo in Act 13 Article
January 13, 2014January 13, 2014

The decision in December by the Pennsylvania Supreme Court that essentially guts large portions of the Act 13 Marcellus drilling legislation that all of a sudden anti-drillers have started calling Gov. Tom Corbetts “signature legislation” (funny how they never called it that prior to the ruling in December), continues to stir controversy. Gov. Corbett’s administration has filed a motion with the court to have it reconsider parts of their decision and in the meantime has asked drillers to voluntarily obey certain provisions in the law, like drilling at least 300 feet away from certain areas (see Gov Corbett Requests Drillers Continue to Honor Act 13 Setbacks).

The Philadelphia Inquirer ran an article yesterday with more analysis of the decision and its repercussions. Interestingly, they either mistakenly, or more likely intentionally, ran a huge picture over the article of what appears to be a large crowd of protesters outside of the Philly Convention Center and identified the picture as being from a protest rally “last year.” It was not. How do we know? MDN editor Jim Willis was there–at the Shale Insight event–and there were no protests last year. There were perhaps a half dozen people standing around with signs at one point. The protest rally in the picture was from two years ago (Jim attended the Shale Insight event two years ago too)–which tells you something. The Marcellus protest movement in PA is losing steam–but it seems the Philly Inquirer editors are happy to lie to support their narrative…
Read More “Philly Inquirer Misidentifies Photo in Act 13 Article”
Energy Companies | Hydraulic Fracturing | Industrywide Issues | Litigation | New York | Norse Energy | Otsego County | Regulation | Statewide NY | Tompkins County

NY Pro-Drillers File Final Briefs in Dryden/Middlefield Cases
January 10, 2014January 10, 2014

According to Tom West, lead attorney in the New York “Dryden” court case that seeks to overturn bad lower court decisions that allow towns to completely ban fracking, the “last word” has been now been filed by landowners and (in the case of West’s client), drillers like Norse Energy. West, via his blog site, announced two days ago that the final briefs with counter-arguments have been filed for both the Dryden and Middlefield cases (copies of both final briefs are embedded below). According to West, additional friend-of-the-court briefs (called amicus briefs) will still be filed, but until oral arguments are heard in a few months, this is the final word from our side of the isle. Interestingly, when you read through the two briefs, they each make slightly different arguments–perhaps increasing the odds that something will resonate with the justices.

Here’s what West says via his blog site about the filings:
Read More “NY Pro-Drillers File Final Briefs in Dryden/Middlefield Cases”
Hydraulic Fracturing | Industrywide Issues | Ohio | Regulation | Statewide OH | Utica Shale

OH Gov. Kasich Goes After Out-of-State Engineers/Surveyors
January 10, 2014January 10, 2014

Ohio Gov. John “Foreigner Hunter” Kasich is on the prowl again–seeking to block “foreigners” (from exotic places like Texas and Oklahoma and Louisiana) from working in Ohio. It’s been more than a year since Kasich made it one of his missions as governor to block “foreigners” from working in Ohio’s flourishing Utica Shale industry (see OH Gov. Kasich Continues Trash Talk Out-of-State Workers).

The latest action taken by the Kasich administration, via the Ohio State Board of Registration for Professional Engineers and Surveyors, is to let professional engineers and surveyors know that if they come to Ohio to work for the Utica Shale industry, they will need to be registered, forms filled out in triplicate, and (steep) dues paid–or they’ll be bounced out of the state on their collective ear…
Read More “OH Gov. Kasich Goes After Out-of-State Engineers/Surveyors”
Hydraulic Fracturing | Industrywide Issues | Research | Wastewater

Duke Study: Acid Mine Water in Fracking Reduces Radioactivity
January 10, 2014January 10, 2014

MDN has for years covered the story that some drillers would be happy to use acid mine drainage water for fracking–except enviro-nazis will sue them into the next lifetime for environmental contamination when they eventually dispose of what’s leftover after fracking (see PA Enviro Groups Oppose Using Acid Mine Water for Fracking as just one example). We now have an intriguing study from the mostly-anti-drilling Duke University that says if you use acid mine drainage water for fracking, it will reduce the amount of radioactivity in frack wastewater. Hmmm.

There’s enough acid mine drainage water in this country to just about meet all fracking needs–if all of it were used (not practical of course). But using acid mine water could greatly reduce the amount of fresh water needed–especially in places where fresh water is in short supply. Under such a scenario, everybody wins–except enviro-nazis who demand nothing less than the obliteration of all fossil fuels as a source of energy. Here’s more details about this interesting Duke study that says using acid mine drainage for fracking can cut down on radioactivity in wastewater…
Read More “Duke Study: Acid Mine Water in Fracking Reduces Radioactivity”
Hydraulic Fracturing | Industrywide Issues

Friday Foibles: The Scientific Link Between Fracking and Zombies
January 10, 2014January 10, 2014

We thought we had really heard, and seen, it all when it comes to stupidity and lies about fracking–but this takes the cake. A new big-budget Hollywood movie about zombies is coming out later this year and the zombies, the “walking dead” are created by, wait for it… fracking! Yes folks, sink a hole, frack that sucker and if it’s too close to a cemetery…ya get zombies.

The saddest part of this inanity is that some of our “brighter” fellow citizens will believe it…
Read More “Friday Foibles: The Scientific Link Between Fracking and Zombies”