Elizabeth Twp Hearing re Alternate Location for Gas Power Plant
In January 2016, Invenergy announced their intention to build a natgas-powered electric plant in Elizabeth Township, in Allegheny County (see Invenergy Eyes SWPA for Second Marcellus-Powered Electric Plant). The proposed Elizabeth plant, modestly sized at 550 megawatts, would be built on a brownfield site near Pittsburgh. Even though the site is a former landfill where fly ash was dumped, making it unusable for just about any other purpose, a group of local residents would prefer to keep the site a contaminated dump rather than convert it to a beneficial use like generating electricity (see Invenergy Gets Pushback on Proposed Natgas Power Plant in SWPA). The local antis enlisted the support of Elizabeth Township’s zoning board, which rejected the plan in June 2016 (see Elizabeth Twp Rejects Clean Invenergy Power Plant at Dump Site). So Invenergy sued the town in October (see Invenergy Sues Elizabeth Twp to Allow NatGas-Fired Electric Plant). Rather than drag out the lawsuit, causing Elizabeth taxpayers big money to defend a defenseless decision, Invenergy offered an olive branch–locating the plant at a new, more rural location about 10 miles away (see Invenergy Proposes Deal to Elizabeth Twp to Move Gas Power Plant). Last night the Elizabeth Planning Commission held a 2-hour hearing to take comments from supporters, and the ninny nannies who still oppose it because it burns an evil, nasty, vile fossil fuel…
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Eighteen-year-old Sophie Kivlehan has been brainwashed by her parents and grandparents, big believers in the myth of man-made global warming, since she was a tot. Her grandpa, Jim Hansen (astro-physicist at Columbia University) is a smart guy–“perhaps one of the worlds’ most well-known climate scientists.” Grandpa Jim did a good job of making sure young Sophie learned her lessons well–about the evilness of fossil fuels and how Mom Earth is ready to toast–any minute now, thanks to burning fossil fuels. Of course such beliefs must, of necessity, disregard hard scientific facts/data that show temps around Mom Earth aren’t going up and haven’t been for the past 20 years. It’s all about what “might” happen and what’s coming “just around the corner.” All based on cockamamie computer models. The same models can’t predict temperatures and the weather accurately for next week–but boy can they predict that the earth is about to fry. Any year now. But back to you Sophie. She’s decided four months in office for President Trump is long enough. He’s not doing his job to combat mythical global warming, so she’s suing him–hoping the courts will make him do it. Ah, Sophie darlin’, when was the last time anyone made Donald Trump do anything? Of course, Sophie’s lawsuit (really backed by Big Green) is nothing more than a sick publicity stunt…
“You never let a serious crisis go to waste.” That sentiment was famously mouthed by Rahm Emaneul, first chief of staff during Barack Hussein Obama’s reign of terror, later (and still) the highly unpopular mayor of Chicago. That philosophy also applies to other leftists, like anti-driller Ray Kemble, who lives in Dimock Township, PA. Kemble has been trying to shake down Cabot Oil & Gas for big bucks for years. Kemble, whose property has multiple junk cars on it, claims after Cabot began drilling (in 2008) his water well began producing black water. He blamed Cabot–even though junkyards are notorious for leaking nasty chemicals. Years ago Kemble, who has been seen at just about every anti-fracking rally from here to Timbuktu carrying a little brown jug of supposedly tainted well water, settled with Cabot. But a couple of Kemble’s neighbors did not settle. They sued and, in a sham trial, won a jury award of $4.2 million (see 
It seems the controversy in Pennsylvania over the Snyder Brothers’ strippers isn’t going to end any time soon. No, not those kinds of strippers, silly! We’re talking about stripper wells, which are defined in PA as wells that produce less than 90 thousand cubic feet (Mcf) for a one month period. Stripper wells are vertical wells that don’t produce nearly as much gas as horizontal shale wells. In 2012 PA passed the Act 13 law that includes a fee on wells targeting shale layers, including the Marcellus. And here’s where it gets a little complicated. Snyder Brothers drills mostly conventional (vertical only) wells. In 2011-2012 they drilled 45 vertical-only wells, but targeting the Marcellus (all of them fracked). Initially those wells produced more than 90 Mcf/month, but by December of the year they were drilled, they produced less than 90 Mcf. The way the 2012 Act 13 law is written, if a well produces less than 90 Mcf/month for “any” month it is considered a stripper well and exempt from paying the impact fee. The state’s Public Utility Commission (PUC) assessed the fee anyway because for 11 months the wells produced more than 90 Mcf. The argument back and forth is whether the intent was “any single month” or not as the trigger to exempt a well from paying the fee. Snyder Brothers went to court and in March, they won, exempting those wells from impact fees (see 
We’ve previously reported on the story of two Pennsylvania towns that were either hoodwinked, or perhaps willing led astray, by the radical Community Environmental Legal Defense Fund (CELDF) into passing (now overturned) bans on fracking and injection wells in their towns–Highland Twp (Elk County) and Grant Twp (Indiana County). The two townships thought they would do an end-run around the state’s authority to issue permits for two injection wells–one in each township, by re-incorporating under so-called home rule charters. The towns essentially declared themselves independent of the state for a variety of matters, including oil and gas permits–which the PA state constitution clearly says is a function of ONLY the state Dept. of Environmental Protection. In March, the DEP issued final permits to each town, and at the same time sued each town to get those portions of their home rule charters, dealing with oil and gas, overturned (see 
Last June MDN shared with you the news that Munroe Falls (Summit County), OH had filed yet another frivolous lawsuit against Beck Energy to prevent drilling–after already losing a similar case before the Ohio Supreme Court (see 
In January 2014 MDN brought you the story that due to incessant nagging from the NJ Sierra Club and the NJ League of [Liberal Democrat] Women Voters the Pinelands Commission, which oversees a stand of scrub pines in South Jersey, nixed a plan for a new natural gas pipeline to bring cheap, clean, abundant Marcellus Shale natural gas to South Jersey for use by residents and to feed an electric plant a local utility wants to convert from burning coal to natgas (see 
Two weeks ago MDN brought you the news that not only has the Pennsylvania Dept. of Environmental Protection (DEP) issued final permits for two new injection wells in the state, they also sued the two townships where those permits were granted because the towns had adopted home rule laws that are illegal, in contravention to state law that give power to permit and control injection wells to the DEP only–not to local municipalities (see 
In January 2016, Kinder Morgan committed to building the UTOPIA (Utica To Ontario Pipeline Access) pipeline, a 12-inch ethane pipeline that will run ~240 miles across the state of Ohio where it will connect with another pipeline and (eventually) flow ethane all the way to a cracker plant in Canada (see 
This is a story we have not previously covered on MDN. It goes back to 2010 and involves two of the biggest Marcellus/Utica drillers–although in this case the issue is not related to the Marcellus/Utica. Landowners in southwestern Virginia previously sued both EQT and CONSOL Energy’s CNX subsidiary over charges that EQT and CNX shorted landowners out of royalties owed to them, claiming post-production expenses, deductions for severance taxes, etc. that should not have been taken. The wells drilled were conventional wells–some 3,347 EQT wells and 4,261 CNX wells. The vertical wells targeted methane extraction from coal seams–not horizontal wells through shale, which is far more common today. Some lawsuits were green lighted as class action cases in 2013, with a potential for “thousands of landowners” to participate in sharing $30 million in payouts. Last week a federal judge certified three of the five class action lawsuits, allowing them to move forward…
Big news broke Friday afternoon. Short history lesson for those who are new to MDN: There were 14 families along the Carter Road area of Dimock Township, PA (Susquehanna County) that reportedly experienced turbidity in their water from methane migrating, supposedly from Cabot’s drilling operations nearby. The state Dept. of Environmental Protection (DEP) investigated in 2010 and declared Cabot guilty and imposed stiff fines and requirements, including a requirement to install permanent water treatment systems at each home and even an offer to each of the families to pay twice what their property was worth at the time (see 
As sometimes happens, Williams has had to file 27 eminent domain lawsuits against landowners in northeastern and central Pennsylvania–landowners who have refused to negotiate with the company to allow the now FERC-approved Atlantic Sunrise Pipeline to cross their property. We understand the reluctance of some landowners who would rather not have the pipeline cross their property. But we also understand the necessity of the project–and the need to be reasonable. Some landowners are not reasonable. And so eminent domain is a rare, option-of-last-resort necessity in those cases. But don’t shed too many tears for landowners now being sued. One PA landowner in Luzerne County (Wilkes-Barre area) was originally offered $260,000 for an easement on 7.6 acres of land ($34,211/acre!). He refused. The price has now dropped to $225,000. Guess he should have signed before eminent domain was on the table…
As MDN reported, last week U.S. District Judge Robert Mariani ruled against a Wayne County landowner in a lawsuit that challenged the right of the Delaware River Basin Commission (DRBC) to stop fracking in the Delaware River Basin (see 
Good news for Pennsylvania drillers: the PA Dept. of Environmental Protection (DEP) finally, after years of review, granted permission to two different companies to operate two new wastewater injection wells in the Keystone State. One well is located in Elk County, the other in Indiana County. With these two new injection wells coming online, the state will have a total of eight operating injection wells (vs. hundreds in Ohio). You may have seen news about the newly authorized injection wells from other news sources yesterday. But you read MDN for “the rest of the story.” And here it is, something you won’t find anywhere else (until other news sources read MDN): As soon as the DEP issued the permits for the injection wells, the DEP filed lawsuits against the two townships where the injection wells will be located, because both of those townships–Highland Township in Elk County, and Grant Township in Indiana County–had previously passed so-called Home Rule Charters in an attempt to prevent the injection wells from being located in their towns. The DEP has sued each of them (copy of the Highland lawsuit below) to correct laws that attempt to prevent the DEP from doing its job in authorizing the injection wells. We have the full news of the DEP’s decision to permit the injection wells, along with details about the lawsuits, below…