Hydraulic Fracturing

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    What Does PA Supreme Court Decision on Act 13 Mean?

    what does it all mean?MDN reported the sad news on Friday that PA’s Supreme Court gutted big and important parts of the Act 13 legislation passed in early 2012 (see PA Supreme Court Rules Against State/Drillers in Act 13 Case). The natural, follow-on question is, what does this decision mean for drillers and landowners? The honest answer is, in the short-term, not much. Until now we have lived under existing local/municipal zoning rules while the lawsuit worked its way through the court system. We remain under a crazy quilt patchwork of different rules for different towns. The drillers have, for the most part, learned to live with it and likely will continue doing so.

    As MDN pointed out on Friday, there are some towns with boards packed with anti-drillers that will make drilling so miserable in that area (cough *Robinson* cough) drillers will likely just leave them alone–meaning landowners lose out, local businesses lose out, taxpayers will certainly lose out. Everyone’s a loser. But that’s the definition of victory for anti-drillers–everyone loses. So where do we go from here?…
    Read More “What Does PA Supreme Court Decision on Act 13 Mean?”

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    Taking a Closer Look at Ohio’s “Piddly” Utica Shale Tax Increase

    Now that the drilling industry is heavily invested in Ohio, Democrat (and yes, even Republican) lawmakers in Ohio think they have the industry by the short hairs and they can safely raise taxes on the industry–dramatically. The thinking goes, as expressed by an Ohio Democrat lawmaker, that because of the big-time investment by industry in the state they won’t leave the state if lawmakers now raise taxes on them. It’s a pretty big gamble to take.

    As MDN has written, even the Ohio Oil & Gas Association (OOGA) is now backing the Utica Shale tax increase, although the Ohio Petroleum Council (OPC) has not yet signed on for higher Utica Shale taxes (see The Secret Back Room Deal to Raise OH’s Utica Shale Tax). What, exactly, is being proposed? Let’s analyze this tax and our objections to it…
    Read More “Taking a Closer Look at Ohio’s “Piddly” Utica Shale Tax Increase”

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    PA Supreme Court Rules Against State/Drillers in Act 13 Case

    court gavelNo doubt most MDN readers have already heard the earth-shattering news from yesterday that Pennsylvania’s Supreme Court has sided with the seven towns who sued the state to retain their right to regulate (zone) where drilling and related activities can and cannot happen in their communities. MDN has long covered this story and worried that a split decision after one of the justices resigned would lead to an unresolved situation. As fate would have it, one of the Republicans on the bench, Chief Justice Ron Castille, sold out and turned against the industry, so it ended up being a 4-2 decision with (predictably) all three Democrats voting against the industry plus RINO Castille.

    What was the decision? For different reasons (they couldn’t agree among themselves), the justices said localities should be able to write their own rules for where drilling can and can’t go. Which is certainly not a bad thing (the right to determine), except in some communities local town boards are packed with anti-drillers that make life a living hell for anyone or anything related to drilling. Ultimately innocent landowners and taxpayers are the ones who lose out because drillers will walk away from areas where unreasonable people pack town boards (no drilling, no leases, no jobs, no tax revenue). That’s exactly what will now start to happen in PA.

    Anti-drilling groups like The Sierra Club, Delaware Riverkeeper and PennEnvironment were positively orgasmic in their reaction. They now get to kill drilling in at least some locations in PA. The Marcellus Shale Coalition said it’s a truly a sad day for PA. We agree. Below we bring you what we consider the “best of” coverage of the opinion. We have not had time to thoroughly research it ourselves, so we’ll rely on others to analyze it. We’ve also embedded the full 162-page decision filed by the Supreme Court so you can read it for yourself…
    Read More “PA Supreme Court Rules Against State/Drillers in Act 13 Case”

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    John Hanger Uses Franklin Forks Water Issue to Boost Gov Campaign

    Using the case of three families in Franklin Forks, PA who are suing WPX Energy for contaminating their water wells as a political issue, John Hanger, former Secretary of the PA Dept. of Environmental Protection (DEP), says the investigation done by the DEP wasn’t independent enough for his liking and the agency should re-do it. The three families claim WPX caused methane to migrate into their water wells. The reason the story has been in the news is because WPX had tried (and finally gave up) to remove fresh water tanks from the residents after the DEP determined WPX’s drilling was not at fault (see WPX Decides to Let Franklin Forks Families Keep Water Tanks).

    Hanger’s protestations give his failing campaign to get the Democrat nomination for governor some badly needed media attention since his candidacy is rapidly sinking. He’s looking for any wedge issue he can find. The WPX story, visible as it is right now, is tailor made. Here’s John’s trumped up reasons for why the investigation should be redone…
    Read More “John Hanger Uses Franklin Forks Water Issue to Boost Gov Campaign”

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    Energy Industry Leaders Gather at Platts Forum in NYC

    One week ago, MDN editor Jim Willis attended the Platts Global Energy Outlook Forum in New York City. The Forum, an annual event that attracts the titans of the worldwide energy industry, was held at the swanky Waldorf Astoria Hotel. Although Jim has been traveling to NYC for years and prides himself on his ability to navigate Manhattan on the subway, every now and again he botches it–like this time. So he ended up walking an extra 6-7 city blocks after getting off at the wrong stop (doh!). But that’s OK. It was a brisk day and the walk did him good.

    Rather than get on the ungodly 3:10 am bus from Binghamton to NYC, Jim elected to ride the 6:10 am bus, which was late arriving at the Port Authority due to traffic at the Lincoln Tunnel. So he missed the first session and joined the second session shortly after it had begun. But wow, what a session it was! Below Jim shares his notes from the session “Switching, Ditching and Bridging Fuels,” his notes and impressions from the lunch keynote address by DOE Sec. Ernest Moniz, and his notes from the afternoon session titled, “Midstream Gathers Momentum”. Jim got to hear some of the biggest names in energy. It was all a bit heady for a “small time” natural gas blogger with an attitude…
    Read More “Energy Industry Leaders Gather at Platts Forum in NYC”

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    OH House Republicans Take Up “Kill Utica Drilling” Tax

    Here we go. The Ohio House has taken up and is now considering raising the severance tax on Utica Shale drilling much higher than it has been–which threatens to stall drilling in the state. Some RINO Republicans have signed on to the bill, following the lead of flaky Gov. John Kasich (also a Republican, increasingly looking like a RINO himself).

    Here’s the latest on the “kill Utica drilling” tax:
    Read More “OH House Republicans Take Up “Kill Utica Drilling” Tax”

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    Norse Energy Sues Gov. Cuomo to Force Release of Fracking Regs

    Stop Press!

    Newly appointed Norse Energy lawyer Tom West (from Albany) is a man of his word. He says what he means and means what he says. Exactly two weeks ago West had a “demand” letter hand-delivered to NY Dept. of Environmental Conservation (DEC) Commissioner Joe Martens. The letter, “demanding” to have a release date for the now 5 1/2 year-old draft fracking regulations, was also delivered to State Health Commissioner Nirav Shah and to Gov. Andrew Cuomo himself (see Tom West Demands DEC Com. Martens Release the SGEIS – Soon). The unstated threat was that if there is no response, West fully intends to file an Article 78 lawsuit against all three to force the release. Article 78 is a provision that makes recalcitrant (and ineffective) government officials do their job.

    Yesterday afternoon West made good on the threat and filed the lawsuit (see a full copy embedded below). Among the justifications for requesting the court to force the release of the fracking regulations (called the SGEIS), is this “hit it out of the park” statement:
    Read More “Norse Energy Sues Gov. Cuomo to Force Release of Fracking Regs”

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    USGS Study Finds 15% of NY Water Wells Already Have High Methane

    Well, imagine that. Even more scientific evidence has just arrived, courtesy the US Geological Survey (USGS), that there’s a whole lotta methane in the ground in the Southern Tier of New York State. So much methane that 15% of the water wells tested across nearly 2,000 square miles for more than a year by the USGS show methane levels so high that the methane needs to be monitored and/or mitigated. That is, miles away from any fracking or existing gas wells, water wells are saturated with naturally occurring methane. In case you miss the point: Fracking is NOT the cause of methane migrating to water wells in northeast PA and in New York. There is no shale fracking in NY! And yet, there’s methane–so much you can, oh, light your tap on fire?

    What say you now anti-frackers? Yeah, we thought so. There’s NOTHING you can say. Your lies are exposed. Here’s the press release and a full copy of the study released yesterday by the USGS with data from their tests of water wells in NY state:
    Read More “USGS Study Finds 15% of NY Water Wells Already Have High Methane”

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    Cuomo Obstinately Says He’ll Continue to Dither on Frack Decision

    New York Gov. Andrew Cuomo continues to prevaricate/dither/postpone his decision on whether or not to allow fracking for shale gas in New York State. He said so yesterday at a news conference. By continuing to delay a decision far past everyone’s measure of reasonableness, he’s totally eliminated any chance he had of running for president. He’s also courting a lawsuit that will embarrassingly force him to do his job and make him release the new drilling rules (see Tom West Demands DEC Com. Martens Release the SGEIS – Soon). Today is the deadline by which Norse Energy’s lawyer Tom West has demanded a fixed date when the Cuomo administration will release new drilling regs. If that doesn’t happen (and it almost certainly won’t), a lawsuit to force the issue will be filed–perhaps as early as this month. Cuomo is out of time and out of options–yet he continues to prevaricate.

    Meanwhile, Cuomo’s State Health Commissioner, Nirav Shah, continues to be Cuomo’s spear catcher and take all the heat because Shah refuses (at Cuomo’s direction) to announce whether or not he believes proposed drilling rules will protect the nebulous “public health.” Shah has humorously taken to spouting things about science being done in “sacred places.” Apparently sacred places are located everywhere but New York. Here’s how Cuomo’s dithering talk went yesterday…
    Read More “Cuomo Obstinately Says He’ll Continue to Dither on Frack Decision”

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    A Natural Gas Christmas Carol, Starring Gov. Andy

    An early Christmas present for New York landowners and those with an interest in drilling in New York State, provided by our friends at the Joint Landowners Coalition: a “Natural Gas Christmas Carol”. It is funny, and sad–all at the same time. Give it a read! (Hey, it’s better than a lump of coal.)

    Here’s the letter and a link to the PDF from the JLCNY…
    Read More “A Natural Gas Christmas Carol, Starring Gov. Andy”

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    WPX Decides to Let Franklin Forks Families Keep Water Tanks

    do the right thingWPX Energy has made not only a smart move, but is doing the right thing. MDN told you last week about the three families in Franklin Forks, PA who say nearby Marcellus drilling by WPX Energy caused methane to migrate into their water wells (see WPX to Make 2nd Attempt at Removing Water Tanks in Franklin Twp). The PA Dept. of Environmental Protection investigated (for years) and found the methane in the families’ wells is naturally occurring and not from WPX’s work. So WPX tried to remove the water tanks (“buffaloes”) they voluntarily provided to the families.

    One family let them remove the water buffalo, the other two illegally resisted, so WPX was scheduled to come back today with warrants in hand to remove them. But last week WPX had a change of heart and said in essence, “Go ahead and keep the water buffaloes. We’ll donate them to you if you want them that badly.” To which we say, it was not only a smart PR move but a nice thing, the “right thing,” to do. It immediately denies the anti-drilling crazies more parading in front of TV cameras to talk about how heartless the drilling industry is. Here’s the latest on the Franklin Forks saga…
    Read More “WPX Decides to Let Franklin Forks Families Keep Water Tanks”

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    Seneca Resources – Now Drilling 2X Wells in Same Amount of Time

    Yesterday the Philadelphia Inquirer took an inside look at major Marcellus Shale driller Seneca Resources (the drilling subsidiary of National Fuel Company) and the dramatic increase in efficiencies Seneca has achieved. Like Cabot and other Marcellus drillers, Seneca just keeps getting better with time. A few years ago it took Seneca a month to drill a new Marcellus well. Today? About 16 days–roughly half the time. Put another way–they now drill two wells in the time it used to take them to drill one.

    Not only that, the length of the borehole Seneca drills is much longer, meaning each well is more productive (more gas flows out). No wonder those in the industry call shale fracking a miracle. Those who say shale drilling “won’t last, wells will run dry before you say Bob’s your uncle” are either willfully ignorant of the facts–or just plain lying. Here’s a look behind the scenes at dramatically improved Seneca…
    Read More “Seneca Resources – Now Drilling 2X Wells in Same Amount of Time”

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    Erie County, NY Falls for the FWW Lie, Bans Fracking & Road Salt

    On Monday MDN told you about an eminent vote in western NY to ban fracking (see Erie County (Buffalo) NY to Vote on “Near-Ban” of Fracking). Yesterday, legislators for Erie County, NY fell into the trap set by the odious Food & Water Watch–legislators voted 9-2 to ban the use of road salt and dust suppressant safely manufactured from brine water that comes from oil and gas drilling. They also voted to deny taxpayers in Erie County the right to profit from drilling on county-owned land, when and if it ever comes to the county.

    Right at the front of the hit parade gloating was FWW agitator, er, “organizer” Rita Yelda, who continues to falsely slander fracking and the products made as a result of fracking, like deicer (road salt). We hope Erie County residents enjoy paying for steep legal fees when this illegal law is challenged next year by Buffalo-based National Fuel (Seneca Resources)…
    Read More “Erie County, NY Falls for the FWW Lie, Bans Fracking & Road Salt”

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    Very Cool Map from ODNR Showing OH Utica Wells Permitted/Drilled

    Last week the Ohio Dept. of Natural Resources (ODNR) released a very handy map that shows where Utica Shale drilling is happening in the state. It has different colored dots to denote where permits have been issued, where wells have been drilled, and where wells have been drilled and are now producing. Running along the right bottom corner is a tally (as of 12/6/13) for how many permits have been issued by driller, which now totals over 1,000 permits.

    We really like this map, and you think you will to! Here it is:
    Read More “Very Cool Map from ODNR Showing OH Utica Wells Permitted/Drilled”

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    PA DEP Launches Public Comments on New Drilling Rules, Roadshow

    The PA Dept. of Environmental Protection (DEP) and their Environmental Quality Board are launching a 60-day public comment period starting Dec. 14 to allow PA residents to comment on proposed new Marcellus Shale drilling rules called for under the Act 13 law passed in early 2012. The new rules will address well pad construction, water impoundments,  pipelines and surface impacts of drilling, among other things. It is a major revision to PA’s drilling rules.

    In addition to emailing or sending in hard copy, the DEP will conduct a series of road shows in various locations to discuss the proposed new rules. They’re also holding two online webinars (Dec. 19 and Jan. 3). The announcement from the DEP about the proposed new rules and the comment period:
    Read More “PA DEP Launches Public Comments on New Drilling Rules, Roadshow”

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    Groton, NY (borders Dryden) Votes DOWN 6-Month Frack Moratorium

    Whattya know? Maybe there is hope for the People’s Republic of Tompkins County, NY after all. Tompkins County is home to anti-drilling organizations including the partisan Park Foundation and the many people it funds–like Cornell professors Tony Ingraffea and Robert Howarth, and the wife and husband lawyer team of Helen and David Slottje, who make mischief at local town board meetings, encouraging them to institute illegal bans and moratoriums on fracking.

    One of the the towns the Slottjes duped into passing a ban was Dryden, NY–in Tompkins County. The Dryden ban has been appealed all the way to the highest court in New York, the Court of Appeals where the case will be heard in early 2014. We’re sure the taxpayers of Dryden enjoy footing that portion of the legal bill not generously covered by the Park Foundation. Anywho, the town next door to Dryden is Groton. The Groton town board voted down a proposed six-month moratorium on fracking at their Tuesday night meeting. It’s a small victory for democracy and right thinking. Too bad some of Groton’s common sense wouldn’t rub off on their Dryden neighbors…
    Read More “Groton, NY (borders Dryden) Votes DOWN 6-Month Frack Moratorium”