EPA Director Scott Pruitt Suspends Obama WOTUS 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 federal 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 here lawsuits regarding WOTUS (see U.S. Supreme Court Changes Jurisdiction for WOTUS Challenges). We said this last week: “Because of legal wrangling, [EPA Administrator Scott] Pruitt must take two years to develop a replacement for the destructive version of WOTUS–and in the meantime, the Obama version of WOTUS (sadly) remains in effect.” Little did we know, but Pruitt has just pulled off a coup by giving an order to suspend/delay the Obama version of WOTUS until a new version is ready (in two years). Finally, a little sanity is restored to environmental regulation…
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Crazy Bernie Sanders (yes THAT Bernie Sanders, U.S. Senator from Vermont) along with ultra-radical 350.org and its leader Bill McKibben, have launched a new campaign called Fossil Free. It’s actually “thinking free” (as in the absence of all thinking), but we’ll leave that for another post. The new campaign is the ultimate outcome of global warming belief metastasized. Bernie, who is a political rock star for naive young Millennials, appeared with several other speakers at an event in Washington, D.C. that was live streamed to more than 300 “watch parties” across the country. The theme of the campaign is to end the use of all fossil fuels. One of the watch parties was a group of students at Penn State. By all accounts, the young skulls full of mush sat there bedazzled by Crazy Bernie–mouths open, drool trickling down the corner of their mouths. They were brainwashed. They worship this almost-octogenarian for who knows why? The problem is, these kids have not been taught to think critically. They accept, at face value, the lies spread by people like Sanders and McKibben. The kids just automatically believe it–like a blind faith–because Bernie says it. Penn State is (or was) a good school. What’s going on that they’re turning out kids who don’t, and won’t, think for themselves? Here’s recap of the Penn State Crazy Bernie “watch party”…
On Monday, Dominion Energy CEO Tom Farrell reported that the company’s Lusby, Maryland Cove Point LNG export facility will become operational and begin to export LNG in “early March” (see
Since 2012, Pennsylvania has collected the equivalent of a severance tax from Marcellus Shale drillers via something called an impact fee. Same concept as a severance tax. You drill a well, gas comes out, you pay a tax. Except with an impact fee you pay whether or not anything comes out of the ground (a more reliable source of tax revenue than a severance tax). The impact fee quickly started to generate hundreds of millions of dollars a year in extra revenue for Pennsylvania–60% of which goes back to the communities where drilling happens (which Philadelphia politicians hate), and 40% of which goes to the black hole of Harrisburg for redistribution (which Philadelphia politicians love). Drilling began to slow in 2014, and crashed in 2015/2016, with low low commodity prices for natgas. As the price went down, so too did the number of new wells drilled. Impact fee revenue (which is delayed a year) also went down. The impact fee doled out this year is based on revenues raised in 2017. The PA Independent Fiscal Office (IFO) does a pretty good job of guesstimating how much impact fee revenue will be generated. Last July, the IFO predicted impact fee revenue from 2017 would end up being around $222 million in revenue (see
On Tuesday, Pennsylvania State Senate Resolution 104 passed in the Senate Environmental Resources and Energy Committee (party line vote, Republicans voted for, Democrats against). SR 104, introduced by Sen. Camera Bartolotta, urges PA Gov. Tom Wolf to get off his rear-end and reauthorize drilling in PA state forest land. The bill stands a good chance of being passed by the full Senate, which has the radicals at PennFuture up in arms. They issued a press release (i.e. marching orders to slavish Democrat Senators) to oppose the resolution. Frankly, they don’t have anything to worry about. As we pointed out yesterday with respect to the Senate’s so-called bipartisan resolution to study the sloooooow way DEP issues permits, resolutions aren’t worth the paper they’re written on (see
Earlier this week MDN told you about a new bill that passed the Ohio legislature and now awaits Gov. John Kasich’s signature called House Bill 225, which triples the amount of money set aside to cap orphan wells in the Buckeye State (see
On Tuesday, the Ohio State Supreme Court rejected a case in which landowners who were made part of a “unitization order” (i.e. forced pooling) had objected claiming their property rights were stripped away without due process. In legal terms, the landowners claimed it was a “taking” of their property without just compensation. The Supreme Court rejected the case because, they said, there were other legal means the landowners could have tried first (a lower court) before appealing the case direct to the Supremes using something called a mandamus action. In essence, the Supremes said, “Nice try, but you need to jump through the proper hoops first.” Ultimately the Supremes did not rule on the Constitutionality of the claim itself because the case had gotten to them via the wrong path. We’re guessing the landowners will now go back to square one and use the path laid out by the Supremes. Here’s the low down on the rejection by the Supremes, from the legal beagles at the Vorys law firm…
2/2/18 Update: Have we been unfair in our characterization of Doug Lawler? Perhaps. We don’t know Doug–have never met him. He started firing masses of people at Chessy before the downturn hit. He arguably inherited a troubled company. We intensely dislike Carl Ichan and other corporate raiders, so we attributed Doug’s actions to Carl’s influence. MDN received a very nice note from a subscriber who personally knows Doug Lawler and has a different perspective to offer, which we’re happy to pass along. He said: “Jim, regarding your article on CHK, Doug Lawler probably learned a lot from Carl Icahn, but knowing Doug the way I do, I can assure you it hurt him to release people at his home office or other areas of operations. He was left with a mess and will take him years to clean it up. Hopefully with oil & gas prices stabilizing and going up, CHK will become profitable.” We thank our subscriber for sending that along!
In a strongly worded letter dated Sunday, Rover Pipeline tells the Federal Energy Regulatory Commission (FERC) they are “frustrated by the inaccurate central premise underlying the letter received from” FERC shutting down drilling at the Tuscarawas River location. On Jan. 24 FERC sent a letter to Rover stopping drilling at Tuscarawas, which had only restarted in December (see
In December 2016 MDN brought you news about Kinder Morgan’s “Broad Run Expansion Project” that will expand transportation capacity of natural gas on the existing Tennessee Gas Pipeline (TGP) system. Antis tried to stop the project, but the Federal Energy Regulatory Commission rejected their pleas (see
You have to understand something about politicians–a lesson we learned long ago when working in Washington, D.C. If a politician floats a plan to “study” something, that really means “we’re not going to do a single thing about it.” 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. These types of permits are common and necessary when building roads, well pads, etc. As of last summer it was taking the DEP 250 days to issue those permits (see
Last week the Delaware River Basin Commission (DRBC) held two public hearings in Philadelphia about its proposed plan to ban fracking in the Delaware River Basin (see
The more we read about and dig into the story of Russian gas coming to Boston, the angrier we get. Just yesterday we told you that a rumored second shipment of Russian gas may be heading to Boston (see 

As predicated, a co-tenancy bill has been introduced in this year’s 60-day session of the West Virginia legislature (see