Industrywide Issues

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    Marbletown, NY Frack Ban Passes – 22 Page Manifesto

    Sometimes town leaders in New York State who vote to ban hydraulic fracturing are dullards–they don’t bother to research and understand the legal issues. It makes no difference to them that they’re trampling on the Constitutional property rights of their landowning constituents–the very people they’re sworn to protect (but don’t).

    Other times, town leaders in New York who vote to ban drilling–like those in Marbletown, NY (Ulster County, Middle Hudson Valley area)–are truly, stupendously stupid misguided. What takes most towns a paragraph or two to do, “Don’t drill and frack anywhere in the town,” has taken the brainiacs in Marbletown 22 pages of new regulations to accomplish in their recently enacted fracking ban. And the town supervisor brags about it!…
    Read More “Marbletown, NY Frack Ban Passes – 22 Page Manifesto”

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    New Congressional Report: How Federal Laws Govern Fracking

    Three Congressional Research Service (CRS) researchers–two of them attorneys and one an environmental policy specialist–recently issued a new CRS report titled “Hydraulic Fracturing: Selected Legal Issues” (full copy embedded below). The 37-page report takes a close look at federal legislation and its governance of/relationship to regulation of hydraulic fracturing. Specifically, the report looks at the Safe Drinking Water Act, the Clean Water Act and the Clean Air Act, along with a number of other federal laws.

    The report also takes a look at state preemption of local zoning regulations when it comes to oil and gas drilling–a hot legal issue in many states, with pending court cases in Pennsylvania, Ohio and New York…
    Read More “New Congressional Report: How Federal Laws Govern Fracking”

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    PA DEP Extends Public Comment Period for Public Comment Period

    Want your voice heard on whether or not the Pennsylvania Dept. of Environmental Protection (DEP) should or should not grant a particular permit for shale drilling? The DEP has announced they are extending the public comment period on their draft policy for…er…public comments–at least public comments given in the drilling Permit Review Process. The original public comment period on public comment periods was scheduled to close on July 22. The public comment period on public comment periods has now been extended to August 27.

    Here’s the PA DEP’s public comment about the extension of public comments on public comments:
    Read More “PA DEP Extends Public Comment Period for Public Comment Period”

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    The Nerve: PA Rep White Lectures Gov Corbett on Forced Pooling

    Inexplicably, PA Rep. Jesse White is still in office. He hasn’t resigned over his shameful and unethical activity of anonymously attacking his own pro-drilling constituents with fake online identities–in fact sometimes pretending to be the very people he was attacking (see How the Mighty Have Fallen: PA Rep White Admits Guilt, Not Sorry). He admitted his guilt, yet he still has not either resigned nor has he been removed from office by his colleagues. It’s an ongoing shame.

    Not only has White not left office, he’s now “back” with a new op-ed article (this one bravely written under his own name) criticizing PA Gov. Tom Corbett on the issue of forced pooling. Sorry Rep. White, your actions speak so loudly, we can’t hear anything you say with your words anymore…
    Read More “The Nerve: PA Rep White Lectures Gov Corbett on Forced Pooling”

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    Somber Anniversary: Today NY Fracking Moratorium Turns 5 Yrs-Old

    flag at half staffTime to fly the flags at half staff. Why? It seems that freedom and liberty in New York State have died. Tyranny has slowly crept in and has now taken up residence in the Empire State. For five long years, landowners in New York have been denied their Constitutional property rights to allow shale drilling on and under their land, and frankly, there’s no end in sight to this travesty of justice. Oh, we New Yorkers have not given up! As Winston Churchill once famously said, NEVER!

    But honestly, it’s hard to keep your chin up month after month and year after year, especially when Democrats control so much of the state and just don’t give a darn about individual freedom or the Constitution. It’s especially disheartening when there’s rampant ignorance on the part of many in the general public who only read headlines and don’t bother to try and understand the sometimes complicated drilling issue. As we pointed out yesterday, the drilling issue in New York has devolved into celebrity emotion vs. science (see NY Fracking Debate is Celebrity Emotion vs Scientific Facts).

    To mark today’s somber anniversary, the Joint Landowners Coalition of New York will hold a “Five-Year Anniversary Event” at the Holiday Inn Arena in downtown Binghamton…
    Read More “Somber Anniversary: Today NY Fracking Moratorium Turns 5 Yrs-Old”

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    Study Proves Fracking Didn’t Cause Methane in Dimock Water Wells

    A research study appears in the May-June 2013 issue of Groundwater, a peer-reviewed scientific journal, that completely debunks the notion that fracking was the cause of methane contamination in local water wells in Dimock, PA (as famously claimed by Josh Fox and Gasland). The article, titled “Evaluation of Methane Sources in Groundwater in Northeastern Pennsylvania” (full copy embedded below), has flown completely under the radar and has received, so far as we can tell, no coverage in the mainstream media. It likely hasn’t been been covered because (a) the findings don’t fit the media narrative that fracking contaminates water, and (b) the study’s lead author is the head geologist for Cabot Oil & Gas, the company accused of contaminating some Dimock water wells with methane from nearby drilling activity.

    The study looks at test results for 1,701 water wells around Susquehanna County, PA (where Dimock is located), both close to and far from shale drilling. What does the cold, hard data show? Methane is everywhere in Susquehanna County groundwater–and it has been for hundreds of years. No wonder Susquehanna County is such a productive gas field for Cabot! The study finds that methane in water is more prevalent in certain locations like valleys. Perhaps most importantly–the study finds no correlation between shale drilling and the level of methane in water wells. There’s no more methane in water wells close to drilling than there is in wells far from it. Science is science, and this study cannot be discounted simply because the wizards at Cabot wrote the report…
    Read More “Study Proves Fracking Didn’t Cause Methane in Dimock Water Wells”

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    BH Launches Well Count Report, Perfect Compliment to Rig Count

    A huge congratulations is in order for Baker Hughes, the oilfield services company that also compiles the enormously useful rig count data that they’ve been sharing, like forever (for the past 70 years!). Big news: Baker Hughes has just launched a new “well count” data service as a compliment to their rig count data. The new well count service counts the number of new wells “spud” (when the drill bit hits the ground and starts chewing away) in a given quarter. The counts are tabulated by shale basin. This is an important new tool for landowners and businesses in the supply chain to use to monitor where drilling is heating up, and where it’s cooling down. Data geeks (like MDN) love this stuff!

    See the very first set of well count reports from Baker Hughes embedded below (along with our commentary)…
    Read More “BH Launches Well Count Report, Perfect Compliment to Rig Count”

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    Anti-Drillers Provide Fraudulent Ban Petition to Covert, NY Board

    An MDN reader has alerted us to some “funny business” going on in the Town of Covert, NY (near Ithaca) on the part of anti-drillers who circulated a petition in support of a town ban on fracking. It appears that at least some of the “signatures” on the petition were fraudulently added by the group circulating the petition, the so-called Concerned Citizens of Covert (CCC). The list of names of those supposedly supporting a ban were presented as a typewritten list to town board members, but (as far as we know), the original signed petitions have not yet been produced by CCC.

    One Covert landowner says she did not sign the petition but her name, along with the names of other family members who also did not sign, appears on the typewritten version of the petition. She said it looks like the CCC simply went through voter registration roles and added a bunch of names, claiming they had all signed. If that’s true, the CCC petition should immediately be investigated by the local and state attorneys general (but don’t hold your breath)…
    Read More “Anti-Drillers Provide Fraudulent Ban Petition to Covert, NY Board”

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    New BLM Fracking Rule will Cost Drillers Nearly $100K per Well

    So just how much will the proposed new fracking rule (for wells fracked on public lands) from the Bureau of Land Management cost drillers? The Western Energy Alliance hired the respected economics firm John Dunham & Associates to run the numbers. What they found was that if the new rule goes into effect as written, it will cost drillers an extra $96,913 per well on average, making it cost prohibitive to even bother drilling some wells. Perhaps that’s the intent? The new BLM rule will likely not affect Marcellus and Utica Shale drilling because there is very little federal/public land in the northeast. So why bother to report on it? Because Obama administration officials have expressed their desire to one day “encourage” (i.e. force) the new BLM rule to be used for drilling on private land as well (see Feds ‘Hope’ States will Use BLM Rules for ALL Fracking).

    The press release from the Western Energy Alliance, along with the full economic analysis from John Dunham & Associates:
    Read More “New BLM Fracking Rule will Cost Drillers Nearly $100K per Well”

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    India’s RIL Doubles US Shale Investment to $10.8B! Mostly Marcellus

    The single largest company in India is Reliance Industries Limited (RIL). A few years ago, RIL invested in three U.S. shale joint ventures (see India’s RIL: Shale Gas a Major Contributor to Revenue by 2015 for background). RIL has invested $5.7 billion in the jv’s to date–a massive investment. Word has just come out that they plan to double that investment in the next three years–to a whopping $10.8 billion.

    Two of the three jv’s, and most of the investment, will be in the Marcellus Shale. RIL says by the time the project is done, they will have drilled 3,846 shale wells in the US…
    Read More “India’s RIL Doubles US Shale Investment to $10.8B! Mostly Marcellus”

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    NY Fracking Debate is Celebrity Emotion vs Scientific Facts

    The following full-throated, pro-drilling op-ed is noteworthy for two reasons. First, it was written by a former Bloomberg reporter, Kelly Riddell (who knew there was even a single pro-drilling person on staff at Bloomberg!). Second, it appeared in the usually anti-drilling Albany Times Union. One pro-drilling article per 50 or so anti-drilling articles is what passes for fair and balanced in the TU.

    Hopefully Gov. Andy will tear himself away from paddling canoes and handing out flood relief money to read it. Riddell’s column is well worth your time to read, especially if you live in the Empire State…
    Read More “NY Fracking Debate is Celebrity Emotion vs Scientific Facts”

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    PA Drillers Pay $1B+ in Taxes/Fees, Democrats Want More

    In the first two years of Pennsylvania’s impact fee–which is really 60% fee and 40% tax–the state has collected $406.7 million from drillers. Since Marcellus Shale drilling began in earnest in 2008, drillers have ponied up more than $500 million to repair PA roadways. Add to that permit fees, state corporate taxes and state income taxes and all told, drilling companies have paid out well over a billion dollars in PA–a staggering number.

    However, more than a billion dollars is still not enough for PA’s Democrat politicians who continue to agitate for a severance tax to grant them an open spigot of money to spend as they please. Their insatiable appetite to spend other people’s money seemingly knows no bounds…

    Natural gas companies fixed or are repairing at least 413 miles of state roads in Susquehanna, Wyoming and Wayne counties, mostly damaged by their heavy trucks, a Times-Tribune review of state Department of Transportation records show.

    The industry spent more than $500 million statewide on repair and replacement projects on state roads since the natural gas boom began, said Kathryn Klaber, chief executive officer of the Marcellus Shale Coalition. That does not include nearly $406.7 million in impact fees the state Public Utility Commission said natural gas drillers were required to pay to counties over the same period, but critics say the industry still isn’t paying its fair share.

    “That’s not something we should celebrate,” said state Rep. Mike Carroll, D-Hughestown. “They’re doing what they should be doing. That should be a given.”

    There have been some instances in which PennDOT has had trouble getting the companies to conduct repairs, said Terry McHenry, a PennDOT district inspection manager, but “by and large, they have been pretty darn good.”

    Before drillers can put their heavy trucks on many state roads, natural gas companies are required to take out insurance policies amounting to $12,500 per mile, McHenry said.

    PennDOT conducts weekly inspections on bonded roads and requires natural gas companies to repair damage they caused.

    When there is damage, McHenry said companies submit a maintenance repair plan to PennDOT and pay contractors to fix the roads.

    In many cases, he said drillers leave the roads in better shape than they found them.

    “In the end, I think we will have – in most cases, not in all cases – a better roadway system than before they got here,” McHenry said.

    The industry also sometimes reconstructs roads before work in an area begins to gain better access to gas wells, said Klaber. In those cases, the industry wants to ensure it is not paying for damage caused by other major users of the same roads, she said.

    Carroll said he still has concerns about roads not necessarily associated with Marcellus Shale communities being damaged by heavy trucks and not getting the appropriate funding to repair that damage. For example, he said trucks carrying equipment and water may travel through Lackawanna and Luzerne counties on Interstate 81.

    Klaber said other industries that send vehicles such as delivery trucks and school buses are not asked to pay additional fees for damaging public roads.

    “We should celebrate economic activity” that keeps the roads occupied, she said.

    State Rep. Sid Michaels Kavulich, D-Taylor, like several other of his Democratic colleagues from the region’s legislative delegation, said he appreciates the industry’s work on roads.

    At the same time, Pennsylvanians need to learn from the legacy of the coal mining industry, he said.

    That means getting fair value for the natural resource the industry extracts from the commonwealth for its citizens and additionally require the industry to put aside money for cleanup of environmental contamination.

    Taylor still suffers from mining subsidence years later, Kavulich said, adding he fears the state is not doing enough to ensure the industry is held financially accountable for environmental impacts.

    The House members, along with state Sen. John Blake, D-Archbald, each expressed support for a natural gas severance tax.

    Pennsylvania is the only state in the nation with major natural gas production that does not have a severance tax, Blake said. He called the impact fees “woefully inadequate.”

    Kavulich said the impact fees levied on the industry currently translate to about a 1 percent tax, and he would support a “moderate” severance tax of 3 percent to 4 percent as some neighboring states have.

    A Pennsylvania Budget and Policy Center report found that despite low market prices, the economic value of natural gas increased from $1.6 billion to $3.9 billion between the second half of 2010 and the second half of 2012.

    The organization found that the impact fees remained flat despite that, while a 4 percent natural gas severance tax like West Virginia’s could generate between $434 million and $490 million in 2013-14 – about twice as much as the center’s $228 million to $229 million impact fee projections.

    That money could be invested in areas like education and health and human services, in addition to fixing damaged infrastructure, Kavulich said.

    A severance tax would make Pennsylvania less competitive, Klaber said, and the Pennsylvania Budget and Policy Center’s estimates do not account for lost revenue from drillers ceasing operations in response.

    She said investment would slow in response to a new tax, and many companies were already hurt by retroactive impact fees, resulting in lost capital investment.

    “Northeast Pennsylvania would be the hardest hit by a severance tax,” she said.

    Klaber argued that the industry already has given taxpayers value in return for extracting natural gas through hundreds of millions of dollars worth of gas leases for state-owned property.

    In addition to the leases, impact fees, investments on state roads, she said the industry also pays state corporate taxes and permitting fees, while its employees pay state income taxes.

    “This industry has paid its way in many different ways,” Klaber said.*

    *Wilkes-Barre (PA) The Citizens’ Voice (Jul 22, 2013) – Natural gas industry routinely fixing state roads

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    Predictable: Anti-Drillers Discount Fed Study of Fracking & Water

    Last week MDN brought you the really important news that preliminary results from a federal study of fracking shows…proves…fracking fluid with chemicals does not magically migrate uphill through a mile of solid rock to the surface to contaminate water (see Breaking: Obama DOE Says Study Shows Fracking Fluids Don’t Migrate). In over 50,000 horizontally fracked wells and over 2 million conventionally fracked wells, it’s never been observed. No scientific studies have ever been able to prove it (much as they’ve tried).

    Now we have a study that incontrovertibly proves it doesn’t happen. So what does one Duke University anti-drilling professor with a degree in biology (not geology) say? This study don’t prove nothin’…
    Read More “Predictable: Anti-Drillers Discount Fed Study of Fracking & Water”

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    Breaking: Obama DOE Says Study Shows Fracking Fluids Don’t Migrate

    Stop Press!Those who hate fossil fuels and want to stop all shale drilling because of their irrational beliefs are logic-challenged. Witness their claim/belief that fracking fluid (99.5% water and sand, 0.5% chemicals) pumped a mile or more below the surface will magically travel up to the surface and contaminate groundwater supplies. Never mind that 80% of the fluid disappears into small cracks a mile down. Never mind there’s a mile of solid rock between the fluid and the surface. Never mind there have been more than 50,000 horizontally fracked wells since the early 2000s with not a single case of water contamination from migrating frack fluid. And never mind there have been more than 2 million vertically fracked wells worldwide over the past 60+ years with not a single case of water contamination from migrating frack fluid. Anti-drillers cling to their irrational faith that fluid migration has and continues to happen and hucksters like Josh Fox of Gasland and Gasland 2 fame are all too willing to feed their delusion.

    Enter the federal government–specifically the Dept. of Energy (DOE) under Barack H. Obama, no friend of the oil and gas industry. Exactly one year ago the DOE’s National Energy Technology Laboratory (NETL) in Pittsburgh began an experiment of injecting tracer chemicals in fracking fluid at an undisclosed drill site with eight wells in Greene County, PA. (The driller cooperating with NETL to conduct the experiment is unidentified, although MDN has a pretty good guess as to who it is–see below.) The NETL monitored (and continues to monitor) the eight wells over the past year and although the data is still preliminary, what have they found? No migration of fracking fluid toward the surface. Zero. It’s called science–but don’t tell Josh Fox and the nuts who believe him…
    Read More “Breaking: Obama DOE Says Study Shows Fracking Fluids Don’t Migrate”

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    XTO Pays Dearly for 2010 Wastewater Spill in Lycoming County, PA

    Yesterday, the federal Environmental Protection Agency (EPA) and U.S. Department of Justice announced a deal with XTO Energy to resolve what they say was a violation of the Clean Water Act in 2010 when XTO experienced a spill of fracking wastewater from a storage tank in Lycoming County, PA.

    That spill is going to cost XTO dearly: a $100,000 fine, and another $20 million to craft a “comprehensive plan to improve wastewater management”…
    Read More “XTO Pays Dearly for 2010 Wastewater Spill in Lycoming County, PA”

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    Some PA Landowners Mull Decision to Sue Chesapeake over Royalties

    Are you a landowner in Pennsylvania leased with Chesapeake Energy? And if you are, do you feel cheated with your royalty payments? If so, you may want to join what’s shaping up to be a class action lawsuit in PA against Chessy over what some claim are underpaid royalties.

    Landowners are being pursued by a couple of Scranton-area lawyers working with a couple of out-of-state lawyers–from New York City–to go after Chesapeake on the issue of what they say are shorted royalty payments. Are these lawyers champions of the downtrodden, defending the rights of shafted landowners? Or the real estate equivalent of ambulance chasers? You decide…
    Read More “Some PA Landowners Mull Decision to Sue Chesapeake over Royalties”