Industrywide Issues

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    WV DEP Issues Permit for Mountaineer Gas Pipeline in Eastern WV

    In 2017 Mountaineer Gas launched the Eastern Panhandle Expansion pipeline project–a project to deliver natural gas via local distribution channels to a new industrial facility in Berkeley County, WV, and to provide gas to other local businesses and residents in the Tri-State area. There are three phases to the Eastern Panhandle Expansion project: Phase One runs a 22.5-mile, 10-inch-diameter steel pipeline from Morgan County to Martinsburg; Phase Two includes a loop to Charles Town; and Phase Three will build a four mile segment of pipeline into Martinsburg. The West Virginia Dept. of Environmental Protection held a hearing on Phase One in January, at the Berkeley Springs High School (see Old Hippies Turn Out at WV DEP Hearing to Oppose Mountaineer Pipe). All of the people who spoke at the hearing, some 33 of the 80 people present, spoke against the project. Even though local residents object, on Wednesday the WV DEP issued a permit for the project…
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    PA Superior Court Upholds Challenge to “Title Washing”

    Ever hear of “title washing?” MDN alerted readers about this funny sounding practice that has to do with mineral rights in Pennsylvania, with possible implications for landowners and drillers, back in 2016 (see PA Supreme Court Decides “Title Washing” OK in Mineral Rights Case). In 2016, the Pennsylvania Supreme Court issued a 5-0 ruling that upholds the practice of title washing in the Keystone State. What is it, and how does it affect landowners and drillers? In the case of Herder Spring Hunting Club v. Keller there had been a tax sale in 1935 for a property in Centre County, PA where the mineral rights had previously been separated. Prior to 1948 if mineral rights that had been separated were not properly recorded (it was incumbent on the owner of the subsurface rights to ensure the sale was recorded at the assessor’s office), and the surface land was later sold, both the mineral rights (subsurface) and the surface land became part of the sale. If the rights owner didn’t record the sale, they lost their ownership rights. That, in essence, is title washing. After 1948 a law prevented this from happening, so such cases only apply to land sold before 1948. The PA Supremes upheld title washing in the 2016 case. Another case, Woodhouse Hunting Club, Inc. v. Hoyt, made a run at challenging title washing–this time in Pennsylvania Superior Court. However, the Superiors have sided with the Supremes in shooting down the challenge…
    Read More “PA Superior Court Upholds Challenge to “Title Washing””

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    Washington PA Prefers Dilapidated Bldg to “Transient” Shale Workers

    There’s a real eyesore in downtown Washington, PA–a building that brings down the neighborhood. Even though the building is a blight for the entire area, it remains standing due to prejudice on the part of local residents, including a local Catholic church. There was a plan to renovate a former, run-down convent and turn it into a boarding house for Marcellus Shale workers in Washington, PA. We previously chronicled City Council’s opposition to the project (see Washington, PA Votes to Reject Marcellus Boarding House). We also chronicled the shameful opposition of Rev. William Feeney and the Immaculate Conception church across the street from their denomination’s abandoned convent–opposed to the plan because it might attract “transients” to the neighborhood (see Marcellus Prejudice on Display at Washington, PA Church). We were reminded by a recent letter to the editor in a Washington, PA newspaper that the abandoned convent is still there, still a blight, still an eyesore–bringing down the entire neighborhood. All because of prejudice…
    Read More “Washington PA Prefers Dilapidated Bldg to “Transient” Shale Workers”

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    “Talk About It” Substitutes for Real Science in Marcellus Study

    This is one of those zany Friday kind of stories. Yet another so-called study on the Marcellus Shale industry recently caught our attention. We’ve often pointed out the “bought and paid for” research that abounds on shale drilling. This one goes to a whole new metaphysical plane. Instead of researching and drawing conclusions from research data, the recently published study “Engaging over data on fracking and water quality” (University of Pittsburgh and Penn State University) talks about talking about the issue of Marcellus Shale drilling. Yeah. How do you *feel* about drilling? Here, lie down on this sofa while we ask you some questions about your childhood and fracking practices. OK, so maybe a study about how people talk about the issues involved with Marcellus Shale drilling isn’t so far-fetched–if such a “study” were to appear in the Journal of Idiosyncratic Sociology. This “study” however, was published in the journal Science. As in hard science–not social science. So now it no longer matters what real science finds–whether or not fracking actually pollutes water and air. Whether or not living near a fracking site will stunt your growth. Whether or not fracking carves up forests or increases automobile accidents or any of a plethora of other issues. What REALLY matters is what you *think* about all that. That’s what now passes for science in Science…
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    CNX Adds 31 Marcellus/22 Utica Wells, Boosts Reserves 21% in 2017

    Click image for larger version

    CNX Resources (formerly CONSOL Energy) released a 2017 recap yesterday–a high level overview of the company’s accomplishments last year. The main point of the announcement was to point out that proved reserves–the gas and oil and other hydrocarbons the company can extract at today’s prices using today’s technology–went up a healthy 21% in 2017 over 2016. CNX figures they own 7.6 trillion cubic feet equivalent (Tcfe) of natural gas, oil, condensate and NGLs–sitting in the ground under CNX leased acreage. As you dig further into the announcement you find that CNX turned-in-line (TIL) 31 Marcellus wells and 22 Utica wells last year. Laterals (the horizontal part of the well) in the Marcellus averaged 8,400 feet long, and Utica laterals averaged 8,800 feet long. Here’s the 2017 roundup and proved reserve report from CNX…
    Read More “CNX Adds 31 Marcellus/22 Utica Wells, Boosts Reserves 21% in 2017”

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    SWPA Antis Twist State Laws in Bid to Declare Shale Drilling Illegal

    In November 2015 MDN reported on a seemingly obscure zoning court case in Westmoreland County, PA (see 3 Western PA Antis Weigh Appeal of Court Ruling in Zoning Case). Three ladies brought a lawsuit against Allegheny Township because the town approved a permit for CNX Gas–to drill a well on a farm owned by John and Anne Slike. Since the farm is about 1,200 feet from where the ladies live, they objected. We thought the case was long over with. But it’s not. As we recently pointed out, the ladies and their radical fractivist lawyer appealed using a novel legal argument (see SWPA Antis Breathe New Life into Old Zoning Lawsuit). Based on recent PA Supreme Court cases that uphold so-called environmental rights for all PA citizens, the ladies and their lawyer claim that allowing Marcellus drilling violates their environmental rights and they will experience mythical harms. The problem with the case is that if they win, it’s not much of a stretch for antis everywhere to claim the same thing–promptly ending the miracle of Marcellus drilling in the Keystone State…
    Read More “SWPA Antis Twist State Laws in Bid to Declare Shale Drilling Illegal”

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    NEPA Republican Lawmaker Intros Marcellus Health Registry Bill

    In 2011, then-Gov. Tom Corbett’s Marcellus Shale Advisory Commission filed a final report with 96 recommendations (see PA Marcellus Shale Advisory Commission Final Report with 96 Recommendations). One of those recommendations is to establish a population-based health registry. The aim would be to collect and evaluate clinical data from health care providers and monitor citizens living near drilling sites. Sounded good to us then, still sounds good now. One of the early attempts at this came from the private sector. Geisinger Health Systems proposed to use data already in the files to begin tracking potential issues related to shale drilling (see PA Marcellus Health Study by Geisinger Turns into Data Warehouse). But as we later learned, Geisinger was in it for the money (can’t blame them). They wanted $24 million and didn’t get it, so that effort flopped. A Republican State legislator from Scranton, PA, Rep. Karen Boback, is attempting to reignite interest in the health registry issue. On Monday, Rep. Boback introduced House Bill (HB) 2055 (full copy below) that would establish a health registry to collect health-related data from those living near shale drilling. The PA Dept. of Health would be the agency tasked with the data collection. Rep. Boback figures it will take $1 million per year to fund the initiative, far less than what Geisinger wanted…
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    PennEast Files Eminent Domain Against 44 Landowners, Wants Marshals

    As we told you last week, Monday (Feb. 5) was the final day for landowners who live along the path of the PennEast Pipeline to accept an offer from PennEast to lease their land for the pipeline (see PennEast Pipe Gives Holdout Landowners Feb 5 Deadline to Sign). The landowners have had nearly three years to deal in good faith negotiations with PennEast, and their time has now run out. On Tuesday PennEast regrettably was forced to file eminent domain lawsuits against 44 holdout landowners. PennEast also asked the court to approve the use of federal marshals to protect workers due to threats the company has received from landowners and radical antis who say they will hassle workers and block construction. A prudent request given the sometimes violent nature of the Big Green movement (e.g. Dakota Access Pipeline violence). Here’s the latest on PennEast, as they get ready to begin construction…
    Read More “PennEast Files Eminent Domain Against 44 Landowners, Wants Marshals”

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    Construction Co. Files Lawsuit Against MarkWest, Claims $40M Owed

    A construction company based in North Dakota, Bilfinger Westcon, has filed several lawsuits against MarkWest Energy (now owned by Marathon Petroleum) claiming MarkWest has failed to pay more than $40 million for work done on a number of projects. Bilfinger Westcon says MarkWest used a “time & materials cap” scheme to cap the amount of money they paid for various projects, but then slipped in last-minute change orders. Essentially, it was a way of getting more work for free–that’s the charge being made. Bilfinger says MarkWest was getting ready to sell itself to Marathon and wanted to rush to complete several projects and using time & materials cap was how they did it without breaking the bank. We have to say this is the first time we’ve heard or read anything negative about MarkWest’s business practices. We suspect there’s another side to this story, but MarkWest says they won’t comment on pending litigation. Here’s the Bilfinger Westcon side of the story…
    Read More “Construction Co. Files Lawsuit Against MarkWest, Claims $40M Owed”

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    New Federal Sand Dust Rules Affect NatGas Drillers This Year

    One of the primary ingredients in fracking is sand–a special kind of very fine sand called silica. When silica gets airborne and into a person’s lungs, it’s not good news. Silica behaves like asbestos, with the potential to cause lung cancer. The shale industry is keenly aware of it and takes steps to ensure workers are not exposed. The federal Occupational Safety and Health Administration (OSHA) developed a new rule for respirable silica (tiny tiny sand) that will go into effect for the shale industry in June of this year. We have the details below…
    Read More “New Federal Sand Dust Rules Affect NatGas Drillers This Year”

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    PA Gov. Wolf Broken Record: Proposes Budget with Severance Tax

    Here we go again. Supposedly striking a more “cooperative tone,” Pennsylvania Gov. Wolf’s sympathetic media buddies are trying to spin, as best they can, Wolf’s state budget proposal delivered yesterday. Wolf is a hyper-partisan who, in this latest budget, continues to demand a $250 million/year Marcellus-killing severance tax–on top of the existing impact tax. It is the only new tax in the budget, a budget that increases the already wildly overspent state budget by an additional $1 billion! Spending in Harrisburg is completely out of control–a disaster. The last governor (frankly the only governor in a generation) who tried to correct Harrisburg’s voracious appetite to spend more, Tom Corbett, got voted out of office after one term. Wolf is hoping to score a second term by continuing his Santa Claus routine–by pulling money from the pockets of those who earn it (landowners and drillers) to give away to those who don’t (teacher’s unions in Philadelphia). We are not exaggerating–this is fact. In his proposed $32.9 million budget, Wolf claims a “modest” severance tax will generate $248.7 million this year, and ALL OF IT will go to “education”–meaning teachers and their unions in the Philadelphia region. It’s political payback for their ongoing support and for their efforts to get Wolf elected in the first place. Why is this FACT not discussed openly in the media? It is repugnant to use the gun barrel of the state to steal the wealth of one group and transfer it to another as political patronage. Yet that is Wolf’s mission. Republican legislators reacted negatively to Wolf’s wildly overspent budget (and severance tax), as did the Marcellus industry…
    Read More “PA Gov. Wolf Broken Record: Proposes Budget with Severance Tax”

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    FERC Gives Rover Pipe OK to Restart Drilling Under Tuscarawas River

    Looks like asking “Pretty please, with a cherry on top” (along with providing requested information) works! MDN previously told you that on Friday, the Federal Energy Regulatory Commission (FERC) asked Rover Pipeline for more information before FERC would allow the project to restart drilling under the Tuscarawas River (see Rover Again Asks FERC for OK to Restart Tuscarawas Drilling). FERC asked for a review of three different options, including drill in a different place under the river and forget about drilling for a second pipe at all. Rover didn’t like either of those options and lobbied, hard, to get FERC to allow them to restart drilling in the same place where they’ve now lost 200,000 gallons of drilling mud down hole. Rover responded (on Sunday) to FERC’s Friday request, providing the information FERC requested. Rover specifically asked FERC for permission to restart drilling by 3 pm Monday–at the original location. The Monday deadline came and went. However, something in Rover’s appeal must have convinced FERC, because the OK to restart drilling came a day later–on Tuesday. Work has now resumed at the site, much to the consternation of Ohio EPA’s Craig Butler, who continues to oppose the project…
    Read More “FERC Gives Rover Pipe OK to Restart Drilling Under Tuscarawas River”

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    Antis of Green, OH Finally Face Reality – Will Allow NEXUS Pipe

    In the end, it came to down to cold, hard cash. Last May, MDN told you about antis running the City of Green, Ohio who were/are hellbent on stopping the NEXUS Pipeline (see Green, OH Paying Lawyers $100K to Fund Stop NEXUS Crusade). Green City Council voted to use $100,000 of taxpayer money to hire a Cleveland law firm to file a lawsuit “aimed at stopping the pipeline from being built or stopping the project altogether.” NEXUS, a $2 billion, 255-mile interstate pipeline that will run from Ohio through Michigan and eventually to the Dawn Hub in Ontario, Canada, was the first major pipeline project to get approved after the Federal Energy Regulatory Commission (FERC) once again had a quorum of three members (see New FERC Quorum Votes Final Approval for NEXUS Pipeline). Green’s high-priced lawyers filed their lawsuit in the 6th U.S. Circuit Court of Appeals, requesting an emergency stay blocking construction, which they got in November (see Fed Court Grants Green, OH Request to Stop NEXUS Pipe Construction). Everyone has their price. For the antis in Green, the price is $7.5 million and 20 acres of land that sit next to an existing city park. While the Green antis hate the idea of the pipeline getting built at all (especially Green’s anti-pipeline mayor), the writing is on the wall. They will lose and they know it–so to save face, the mayor negotiated a deal with NEXUS that City Council will vote on tonight to accept…

    2/8/18 Update: Green Council voted 4-3 to accept the NEXUS deal. More below.
    Read More “Antis of Green, OH Finally Face Reality – Will Allow NEXUS Pipe”

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    Warning to Ohio Residents: Beware Fake Landowner Coalitions

    “Keep It In the Ground” (KIITG) activists have launched a new, deceptive campaign in their holy mission to end the use of fossil fuels. The same people behind Food & Water Watch, Food and Water Action, the Sierra Club and other Big Green groups have/are launching fake landowner coalitions in Ohio. These fake coalitions (one of them being the Tri-County Landowners Coalition) have one aim and one aim only–to convince unsuspecting landowners to hate fossil fuels and anything (i.e. drilling, pipelines) to do with fossil fuels. It is a sleazy and disgusting tactic by the ultra-left, preying on honest, hardworking folks who join coalitions hoping to receive guidance on the best way to protect their land while at the same time profiting from it. Don’t fall for these fake coalitions! Our friends at Energy in Depth are sounding the alarm on this latest move by anti-fossil fuel radicals…
    Read More “Warning to Ohio Residents: Beware Fake Landowner Coalitions”

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    PA Senate Passes Meaningless Resolution to “Study” Slow DEP Permits

    This is what passes for “action” in the swamp of Harrisburg. Over the past couple of years the Pennsylvania Dept. of Environmental Protection (DEP) has gotten slower and slower in issuing permits for shale drilling–for simple things, like erosion permits a driller needs to push dirt around to create a well pad. The DEP has a policy of issuing erosion and sedimentation permits 14 days from the date of application. As of last summer it was taking the DEP over 250 days to issue those permits (see More Pushback on PA Senate Plan to Fix Slow DEP Permit Reviews). The drilling industry has been loudly pushing for a change. The DEP says it has fewer people on staff and that’s the reason for the slowdown. The thing is, the number of requests for permits has gone down too–so that particular argument doesn’t hold a lot of water. PA House Republicans have introduced a number of bills to “fix” the DEP, not least of which is a bill introduced that allows certified third parties to assist the DEP in reviewing permit applications (see Bill Introduced to Fix PA DEP’s Extreme Delays Issuing Permits). The PA Senate wants in on the “fix DEP” action too. A Senate Democrat, John Yudichak from Wilkes-Barre, proposed a resolution to study the problem (see PA Senate Ctte Sends “Study Slow DEP” Resolution for Full Vote). A resolution to study something is swamp code for “don’t do a darned thing about it.” Yudichak’s meaningless resolution passed the full Senate yesterday. PA Senators can now all pat themselves on the back, pretending they’ve actually done something to address this critical problem when in fact, they’ve done nothing at all…
    Read More “PA Senate Passes Meaningless Resolution to “Study” Slow DEP Permits”

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    M-U Gathering Pipelines Blamed for Killing “Ancient” Salamanders

    The Eastern hellbender is the largest salamander in North America, reaching lengths of up to 24 inches. It’s also the official amphibian of Pennsylvania. Photo: Dave Herasimtschuk / Freshwaters Illustrated

    (Sigh.) Here we go again. An in-depth news story appearing on the PBS website Allegheny Front theorizes that the presence of natural gas gathering pipelines–run to individual shale wells–are causing a decrease in the population of hellbenders. The theory is that as more and more pipelines are installed under creeks and streams throughout the region (in western PA and easter OH), the construction process muddies the streams and kills aquatic life, including the hellbender. The hellbender is a giant salamander–growing to an average of 15 inches long. Ugly suckers–so ugly they’re cute! OK, so a pipeline gets installed and the water is muddy for a day or two and maybe it kills a hellbender or two, what’s the big deal? Are they an endangered species? No, they are not. They are, however, considered to be “near-threatened”–meaning any decade now they *may* get added to the “threatened” list (but still not endangered). The idea is, of course, to avoid killing enough of a species like the hellbender so that it ends up on a threatened or endangered list. So are pipelines having a negative impact on hellbender populations? The article wants you think so, but actually, there’s zero evidence of any kind of impact by pipelines on hellbender populations. Instead of scientific steak to show a connection between pipelines and hellbender populations, the article serves up anecdotal Cheetos of scary pictures of pipelines being installed. There is no connection between pipeline construction and hellbender populations–that’s the bottom line when you read the following story…
    Read More “M-U Gathering Pipelines Blamed for Killing “Ancient” Salamanders”