EPA Advances Effort to Overturn Obama Waters of the U.S. Rule
In May 2015, the Obama rogue Environmental Protection Agency (EPA) along with the Obama U.S. Army Corps of Engineers (USACE) released a finalized rule clarifying what “Waters of the United States” (WOTUS) means vis a vis what can be regulated under the federal Clean Water Act (see EPA Power Grab: Redefines Waters of the U.S. to Include Everything). Essentially the rule change redefined everything down to mud puddles (no, we’re not exaggerating) as being subject to the Clean Water Act. It was yet another attempt to bring oil and gas regulation under the purview of the federal government, a violation of the U.S. Constitution. We won’t recount the history of lawsuits and counter lawsuits that have ensued. We’ll only tell you that in January the U.S. Supreme Court entered the fray by determining which courts can hear lawsuits regarding WOTUS (see U.S. Supreme Court Changes Jurisdiction for WOTUS Challenges). At the end of January, EPA Administrator Scott Pruitt issued an order to suspend/delay the Obama version of WOTUS until a new version is ready, in two years (see EPA Director Scott Pruitt Suspends Obama WOTUS Rule). Pruitt’s action has (so far) held, much to the consternation of radical environmentalists. Pruitt has just architected another masterstroke, issuing a “Supplemental Notice of Proposed Rulemaking” for WOTUS. The notice does two things: It states unequivocally that the EPA and Army Corps want to completely overturn the 2015 Obama WOTUS rule; and it inoculates the process of overturning WOTUS so that future lawsuits can’t bring it back from the dead…
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As is so often the case, radical Big Green groups, like PennFuture, attempt to intimidate (i.e. bully) by using threats of legal action, those who dare to use and (gasp) enjoy the monetary benefits of shale drilling. In early 2013 the Pittsburgh International Airport and Allegheny County, PA signed a deal with CONSOL Energy (now CNX Resources) to lease 9,000 acres surrounding the airport for natural gas drilling (see 
The Goldboro LNG export facility in Nova Scotia continues its march (shuffle?) toward construction. As we reported in February, Pieridae Energy (the builder) has enlisted the help of Morgan Stanley and Société Générale to help raise $10 billion to build it (see 
Oil and gas giant BP recently released its annual Statistical Review of World Energy–the 67th edition! (Full copy below.) A number of big energy companies, like Exxon Mobil, as well as government agencies, publish similar reports that characterize current and future world energy trends. However, one analyst we read says BP’s report is the best: “I have relied upon the BP World Energy report for years. It is not a report to be viewed with a partisan eye, but as merely one of the best, if not the best, energy trend device available anywhere. In comparison to government agencies like the U.S. Energy Information Administration (EIA) the global International Energy Association (IEA) or OPEC’s own World Oil Outlook, the BP report has proven itself to be far more valuable in finding investable trends. I would never recommend any oil sector without having the statistical evidence of the BP World Energy Report behind me.” This year’s report finds that oil and natural gas consumption increased significantly in 2017. It also finds the U.S. best-positioned to meet that increasing demand, thanks to the shale miracle. Below we have some of the key highlights from the report, followed by a full copy…
Rover Pipeline has violated one of the sacrosanct rules of life (and of pipeline construction): “Say what you’ll do, then do what you say.” Rover told the Federal Energy Regulatory Commission it would restore areas previously dug up to lay the pipeline by certain dates (primarily June 30th). In return, based on those promises from Rover, FERC allowed the company to begin service on certain sections of the $3.7 billion, 711-mile natural gas pipeline that runs from PA, WV and eastern OH through OH into Michigan and on to Canada via the Vector Pipeline. Rover has been pressuring FERC to allow two of the laterals–the Burgettstown and Majorsville laterals, that reach into western Pennsylvania–to begin service (see 
MDN told you last week that Sierra Club lawyers are attempting to bamboozle a court into halting construction of the Mountain Valley Pipeline (MVP) in Virginia, as they were able to do in West Virginia (see 
Sunoco Logistics Partners was drilling horizontally underneath Snitz Creek in Lebanon County, PA for its Mariner East 2 Pipeline project when it experienced yet another “inadvertent return”–nontoxic drilling mud leaking out of a place where it shouldn’t. Sunoco spilled five gallons of nontoxic drilling mud. This is the third time it’s happened in June, and the sixth time it’s happened at the Snitz Creek location in total. Predictably, antis were hysterical. Hysterical, not as in funny, but hysterical as an insane, out-of-control overreaction. Theatrics. Drama. That kind of hysterical. The reaction from antis is organized by “green” groups–in particular by one person from a local green group calling itself Concerned Citizens of Lebanon County. Five gallons of nontoxic drilling mud (the same stuff used to make kitty litter and lipstick) is, quite literally, NOTHING. We’ve seen 5 gallon spills of very toxic gasoline at the local gas station that went unnoticed. Gasoline is far more “toxic” to the environment than what’s happening at Snitz Creek. Why do drilling mud spills keep happening at the Snitz Creek location? Obviously the ground in that area is porous. Every time Sunoco drills under the creek another few feet, drilling mud pops out and drilling activity gets shut down, yet again. This is a recurring situation. We don’t know what the solution is, but not building the pipeline (which is 99% done) is not one of the options. Hopefully Sunoco can find a solution quickly so we can put this ongoing, manufactured, and tiresome drama queen theatrics behind us…
The PA Independent Fiscal Office (IFO) does a pretty good job of guesstimating how much impact fee revenue will get generated in the coming year, based on permit and producing wells activity this year. How good? Last year the IFO predicted that impact fee (equivalent of a severance tax) revenue would be $222 million for 2017 (see 
Platts is reporting U.S. natural gas production hit a new, all-time high last week, mainly due to a surge in natgas production in the Texas Permian. Although Marcellus/Utica production “pulled back modestly” this past week, if you look at the entire month of June, we hit new all-time highs for production yet again. However, it wasn’t just the good news of new record production that caught our attention in the Platts update, but this statement: “Looking ahead, it’s possible that Northeast production growth could flounder this summer, thanks to continued in-service /delays on Rover Pipeline’s upstream supply laterals.” Rover is desperately trying to get FERC to grant permission to open the Majorsville and Burgettstown laterals, as we pointed out yesterday (see 
In January Dominion Energy announced a deal to buy out and merge in South Carolina-based SCANA Corporation (see 
The World Gas Conference, held every three years in different locations around the globe, was held this week in Washington, D.C.–the first time back in the U.S. in 30 years. We’ve reported various stories from that event. Here’s another such story that caught our interest. Pipeline companies, specifically TransCanada and Enbridge (both based in Canada but with huge pipeline networks in the U.S.) told conference attendees that the pipeline industry needs help from Washington–from either the Federal Energy Regulatory Commission, or Congress, or both to fight back against the increasing efforts of Big Green groups opposed to fossil fuels. Fight back how? By adopting new regulations (FERC) or new laws (Congress) that favor pipeline infrastructure. Our interpretation of what they said: It’s time to stop allowing a small group of wacko radicals block energy progress in this country…