Hydraulic Fracturing

Hydraulic Fracturing | Industrywide Issues | Litigation

Case Western Law Review Summer 2013: All About Fracking
June 21, 2013June 21, 2013

Almost all of the Summer 2013 issue of the Case Western Reserve Law Review (507 pages) is dedicated to the legal and policy issues surrounding hydraulic fracturing and shale drilling. The articles range from policy to litigation to climate change. We’ve not reviewed the articles. We offer the full issue (embedded below) as a resource for legal issues surrounding the issue of fracking.
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Anti-Drilling/Fossil Fuel | Hydraulic Fracturing | Industrywide Issues | Pennsylvania | Regulation | Statewide PA

PA Democrat Party Votes to End Marcellus Shale Drilling Statewide
June 20, 2013June 26, 2013

Some of the biggest news we’ve ever heard from Pennsylvania dealing with the Marcellus Shale happened last Saturday, and we’re only now just catching wind of it. In fact, if you search mainstream media high and low, we challenge you to find even a single reference to it. We found precisely one reference, in an obscure and short editorial in the Pittsburgh Tribune-Review.

The news is this: Last weekend the Pennsylvania State Democratic Committee–representatives from the entire Democrat party from around the state–met in beautiful Lancaster, PA and voted by an overwhelming majority (115 to 81) to pass a resolution calling for the immediate halt to fracking in the state. That is, they want to kill Marcellus Shale drilling in PA–snuff out the economic miracle in their midst. You have to wonder just how deeply insanity runs in the Democrat party. You also have to wonder why no one is reporting this…
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Hydraulic Fracturing | Industrywide Issues | Regulation | Research

Big News: EPA Fracking Study Delayed 2 Years – Now Due 2016
June 19, 2013June 19, 2013

Big news from the “Shale Gas: Promises and Challenges” conference in Cleveland, OH yesterday from none other than the federal Environmental Protection Agency (EPA). Jeanne Briskin, coordinator of the multi-year study on hydraulic fracturing research the EPA’s Office of Research and Development is performing, said yesterday the final report for the EPA fracking study will be delayed by two years–until 2016. This is the first time MDN has heard that the final study will be delayed.

The fracking study was ordered by an activist Congress back in 2010. The EPA released an outline of their research plan in late 2011 but by then had already started to collect data, ahead of completing the plan for how they would collect the data (see EPA Releases Plan to Study Fracking, Jumps the Gun). A preliminary report was due and was issued in late 2012 (see EPA’s Fracking Study Progress Report (Dec 2012)). The final report is due in 2014. Not anymore…
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Anti-Drilling/Fossil Fuel | Hydraulic Fracturing | Industrywide Issues | New York | Regulation | Statewide NY

Anti-Drilling Stupidity on Parade in Albany, NY
June 19, 2013June 19, 2013

The problem in New York, dear reader, is not (necessarily) an inept politician–Gov. A. Cuomo–but rather the hypocrisy and stupidity of many of my fellow residents. To wit, a rally in Albany on Monday drew something over 1,000 anti-fossil fuel protesters (the AP says 2,000, they always double the real number), where those who attended cheered poll results that show an increase across the state in those who oppose shale drilling…
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Earthquakes | Hydraulic Fracturing | Industrywide Issues

Stanford Prof Says Fracking & Earthquakes are a Concern
June 19, 2013June 19, 2013

Every three or four months, as regular as clockwork, the mainstream media resurrects the claim that “fracking causes earthquakes.” We’ve written about it a number of times (see MDN’s Industrywide Issues>Earthquakes category). Any kind of underground activity causes small (micro) “earthquakes.” But the kind you feel on top of the ground–the kind of earthquake that makes the surface move? No, fracking does not do that. At least almost never–we are aware of a single instance in England where a well was fracked directly on a fault line that caused an earthquake (see Report from England Links Fracking to Earthquakes).

At yesterday’s “Shale Gas Promises and Challenges” event in Cleveland, a pro-drilling professor from Stanford University, Mark Zoback, playing to an anti-drilling crowd, said fracking’s link to earthquakes is a concern…
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Hydraulic Fracturing | Industrywide Issues | New York | Regulation | Statewide NY

NY State Politicians Tackle the *Really* Tough Issue…of Cider
June 19, 2013June 19, 2013

This post is somewhat off-topic and purely for your entertainment purposes. We’re near the end of a legislative session here in New York State–you know, the state where 4/5 of the state, known as “Upstate,” is in economic poverty with job and population losses year after year. Our intrepid governor, Andrew “The Ditherer” Cuomo is hard at work with lawmakers (before heading off to the Hamptons for the summer). They’re trying to figure out how to improve the lives of all ~~serfs~~ New York residents, especially those ~~losers~~ in Upstate.

Would an immediate influx of thousands of jobs and billions of dollars of investment from drilling in shale deposits be one of the things our hardworking politicians are discussing to, you know, improve the lives of Upstaters, especially farmers? Nope. Not even on the table. Instead, they’re fiddling around with legislation to allow farmers to make up to 150,000 gallons of hard cider a year (using NY apples of course)–presumably to keep them drunk so they won’t notice their property rights have been confiscated and they’re about to lose the family farm…
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Hydraulic Fracturing | Industrywide Issues | Pennsylvania | Research | Statewide PA

New Study: Marcellus Fracked Wells are Good for Environment
June 18, 2013June 18, 2013

A new study conducted on Marcellus Shale wells in Pennsylvania and published in the Journal of Industrial Ecology concludes shale wells’ “energy return on investment” (or EROI)–the total amount of energy it takes to produce the energy that will be delivered to end users–is similar to that of coal. Meaning: it takes about the same amount of effort (i.e. energy) to produce equivalent levels of energy from natural gas and coal, but natural gas burns a lot cleaner, which makes it the preferred source of energy. Further meaning: fracking is good for the environment…
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CONSOL Energy | Energy Companies | Hydraulic Fracturing | Industrywide Issues | Pennsylvania | Westmoreland County

Pricetag to Test Water at Reservoir Near CONSOL Drilling Goes Up
June 17, 2013June 17, 2013

CONSOL Energy has a contract and has actively been drilling Marcellus Shale wells (37 so far) near Beaver Run Reservoir in Westmoreland County, PA. The reservoir provides water to some 120,000 customers in the region. Just to keep an eye on things and to be sure none of the drilling has led to contamination of the reservoir’s water, the Municipal Authority of Westmoreland County contracts with Indiana University of Pennsylvania (IUP) to conduct quarterly water tests. Students both collect and analyze the data.

Two years ago the Municipal Authority paid IUP $55,000 for the work. Last year, $75,000. This year? The price is going up to $100,000. Built in to this year’s higher price is a “third party” review of the water quality…
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Hydraulic Fracturing | Industrywide Issues | Pennsylvania | Regulation | Statewide PA

Krancer: States Do a Good Job, Feds Should Butt Out on Fracking
June 17, 2013June 17, 2013

Three cheers for former PA Sec. of the Department of Environmental Protection Michael Krancer who, talking on a recent radio program, said the Obama administration’s desire (and plan) to regulate fracking at the federal level is unnecessary and the “feds should back off.” He said the individual states already do a great job and the feds have no business horning in.

We sure do miss having the mince-no-words Krancer as Secretary at the DEP…
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Delaware County | Hydraulic Fracturing | Industrywide Issues | Litigation | New York | Regulation

Exclusive: Sidney, NY Sued by Landowners over Fracking Moratorium
June 14, 2013June 14, 2013

Three town board members in the Town of Sidney (Delaware County), NY should be concerned–very concerned. They voted February 13th to enact a one-year moratorium against shale drilling and fracking. Two other board members voted against the moratorium, so it passed. Now, all residents of the Town of Sidney will have to shuck out more money in taxes to defend that vote–on Wednesday they were sued by a group of local landowners whose property rights have been violated by the ban.

The worrisome part for Sidney is who is doing the suing on behalf of the landowers–Hinman, Howard & Kattell (HHK)–the same law firm that successfully sued Binghamton over their moratorium. Binghamton’s moratorium was found illegal and tossed last year (see NY Judge Throws Out Binghamton Fracking Moratorium). Below is a summary of the lawsuit against Sidney, as provided to MDN by HHK:

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

Dryden Files Request with NY Highest Court to Not Consider Appeal
June 14, 2013June 14, 2013

Although New York Gov. Andrew Cuomo has dithered for more than a year on whether or not to allow fracking–and continues his equivocation–there is a much more important drama unfolding that will ultimately, in our opinion, determine whether or not New York will ever see meaningful shale drilling. The more important issue is now in the courts. Specifically, it revolves around whether or not New York’s highest court, the Court of Appeals, will hear a pair of cases from towns that have banned drilling.

A few weeks ago we told you about the appeals from a landowner near Cooperstown (Middlefield) and from Norse Energy (Dryden) asking the Court of Appeals to hear the case and overturn the town bans. The Town of Dryden has now sent their own request to the Court of Appeals–asking them to not consider the case…
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Anti-Drilling/Fossil Fuel | Herkimer County | Hydraulic Fracturing | Industrywide Issues | New York | Regulation

Manheim Latest NY Town to Pass Illegal Fracking Moratorium
June 13, 2013June 13, 2013

Yet another New York town has foolishly voted to extend a moratorium on drilling. Why foolish? A judge threw out a similar moratorium in Binghamton, NY last year (see NY Judge Throws Out Binghamton Fracking Moratorium). Depending on the language used and general circumstances, moratoriums in New York are illegal. Outright bans, for now, are still legal–although a pair of cases is (hopefully) headed to the state’s highest court which may overturn the right of towns to ban fracking (i.e. stop them from stripping away the rights of property owners).

The latest NY town to pass a moratorium and announce to the world it’s closed for business is Manheim (Herkimer County), NY. Note to Manheim taxpayers: Get ready to open your wallets to defend an expensive lawsuit…
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Anti-Drilling/Fossil Fuel | Berkeley County | Hydraulic Fracturing | Industrywide Issues | Statewide WV | West Virginia

Intelligence to be Sacrificed at WV Stop the Kaboom Festival
June 13, 2013June 13, 2013

The crazies are at it again. Radical anti-fossil fuel activists, calling fracking “extreme resource extraction” that is “destroying the planet,” are organizing a hippie-fest in Hedgesville (Berkeley County), WV this Friday through Sunday to raise money to agitate against fossil fuels–the very same fossil fuels the people organizing and attending use every day of their lives. The so-called “Stop the Kaboom Music and Arts Festival” (bring your own pot) is now in its third year and hopes to be bigger and better than ever…
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Anti-Drilling/Fossil Fuel | Hydraulic Fracturing | Industrywide Issues | New York | Onondaga County | Regulation

Pompey, NY Votes to Ban Drilling, Bullies 2 Board Members
June 12, 2013June 12, 2013

The Town of Pompey (Onondaga County), NY, near Syracuse, voted on June 3 to ban all fracking and shale drilling in the town. We’d like to take this opportunity to once again deliver a brief history lesson of how and why this is nothing short of mob rule and not classic democracy in action.

First, the news from Pompey and how three town board members (Carol Marsh, Greg Herlhy and Victor Lafrenz) bullied two other board members (Carl Dennis and Craig Smithgall) into not voting, and how those three individuals unilaterally snatched away the property rights of 15-20 landowners in the town who already have gas leases, with a single vote…
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Anti-Drilling/Fossil Fuel | Hydraulic Fracturing | Industrywide Issues | New York | Regulation | Statewide NY

Bloomberg: NY Dead Last in Business Because of Fracking Moratorium
June 12, 2013June 12, 2013

An article appearing on, of all places, the ultra-liberal Bloomberg news service, compares both California and New York and their neck-and-neck race to be dead last in business friendliness. Although both states have ineffective governors and shoot themselves in the head on a number of issues, the article concludes that New York wins the dubious distinction of being “dead last” for business climate primarily because of one deciding factor: fracking.

California, even with Gov. Jerry “Moonbeam” Brown and its pot-smoking, granola-head legislature has embraced (or at least not rejected) fracking, while New York’s Gov. Andrew “Ditherer” Cuomo, frightened of his loony left, has continued to block fracking. New York is entering a fifth year of a de facto moratorium on drilling and it has killed the upstate economy.

From the article:
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Hydraulic Fracturing | Litigation

The Thorny Issue of Proving Water Contamination from Fracking
June 12, 2013June 12, 2013

Does fracking cause water contamination? Anti-drillers have repeated the claim so often, and the claim has been picked up and repeated and amplified by the mainstream media so often, that it’s now almost an article of faith. Axiomatic. Self-evident. At a minimum, a wide swath of Americans who don’t know much about oil and gas drilling have their suspicions that fracking may indeed contaminate water–primarily because of the negative media coverage they’ve heard.

Keith Hall, director of the Louisiana Mineral Law Institute and an assistant professor of law at Louisiana State University has written an excellent article appearing in the online Ohio State Law Journal Furthermore. The article is titled, “Hydraulic Fracturing Contamination Claims: Problems of Proof” (full copy embedded below). In the article, Hall addresses the problems of landowners in attempting to prove that fracking (or oil and gas drilling) has contaminated their water. He concludes it this way:
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