Industrywide Issues

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    Sierra Club Radicals Use FL Court Case to Challenge 2 M-U Pipelines

    In August, the D.C. Court of Appeals ruled in a case that may have long-term, very negative consequences for the oil and gas industry related to pipeline development (see DC Court of Appeals Legislates New Law re FERC & Global Warming). The profoundly litigious, anti-fossil fuel radicals of the Sierra Club previously filed a lawsuit against the Federal Energy Regulatory Commission (FERC) blaming FERC for not considering mythical man-made global warming as it conducted a review of three pipelines in the southeast. The Sierra Club is known for filing frivolous lawsuit after frivolous lawsuit. This is just one in a long line. The Southeast Market Pipelines Project is an umbrella project for three natural gas pipelines in Alabama, Georgia, and Florida. The linchpin of the project is the Sabal Trail pipeline, which travels from Tallapoosa County in eastern Alabama, across southwestern Georgia, and down to Osceola County, Florida, just south of Orlando (nearly 500 miles), feeding gas-fired power plants in the region. The Sierra Club antis said the three projects together didn’t take into consideration an increase in carbon and methane that would result from the three projects getting approved, and that said carbon and methane will contribute to man-made global warming. The D.C. Court of Appeals agreed and instructed FERC to reconsider its environmental assessment of the three projects–vacating an approval of the main part of the project, the Sabal Trail pipeline. Just one teeny tiny problem (for the antis): all three pipelines–Sabal Trail, Hillabee Expansion and Florida Southeast Connection–are up and running. This decision likely will not shut them down. But the decision does have a big impact on projects not yet built. Drunk on their earlier success, yesterday the Sierra Club filed two requests (demands?) with FERC requesting the agency redo their already-done environmental impact statements for Dominion’s $5 billion Atlantic Coast Pipeline from WV through VA and into NC, and for EQT’s $3.5 billion Mountain Valley Pipeline, from WV into VA. The Sierra Club says the Sabal Trail decision is all they need to force FERC into redoing the EIS’–to force FERC to consider mythical man-made global warming…
    Read More “Sierra Club Radicals Use FL Court Case to Challenge 2 M-U Pipelines”

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    EIA: Gas & Oil Will Dominate Energy Mix for Next 20+ Years

    Last week our favorite government agency, the U.S. Energy Information Administration (EIA), released its annual “International Energy Outlook 2017” (full copy below). What does the report show? EIA predicts energy consumption is set to increase 28% from 2015 levels by 2040–in a little over the next 20 years. To meet this huge uptick in energy, EIA predicts fossil fuel use–led by natural gas and oil–will continue to account for about 77% of energy consumption through 2040. So much for the renewable nirvana future we’re always just a year or two away from (according to Al Gore). Fossil fuels will remain the #1 fuel of choice by the world for the next generation, and almost certainly the generation after that, and the one after that. Do you now see why drilling for oil and gas in shale is so vital to the future of not only our country, but the world? According to EIA, most of the growth in energy consumption (and fossil fuels) will come from China and India. Here’s the lowdown on what’s just around the corner…
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    History Made! FERC Overrules NY DEC on Millennium Pipe Permit

    Finally the Federal Energy Regulatory Commission (FERC) has had enough shenanigans from the corrupted New York Dept. of Environmental Conservation (DEC). In a historic, precedent-setting decision, on Friday FERC overruled DEC’s denial of a water permit for Millennium Pipeline’s tiny 7.8 mile pipeline spur from the main Millennium Pipeline to a natural gas power plant under construction in Orange County, NY. On Wednesday, Aug. 30, the DEC issued a denial letter to FERC and Millennium. In it, they claim that FERC’s review of the power plant project (that the pipeline will feed) is deficient based on a recently-decided court case about a pipeline project in Florida (see Corrupt NY DEC Denies Water Permit for 7.8 Mile Power Plant Pipeline). The radicalized DEC used the Florida case as an excuse to refuse stream crossing permits for the Millennium Pipeline project–claiming FERC had not considered long-term effects of mythical man-made global warming that would come from the power plant if the Millennium pipeline is connected to and feeds the plant. The DEC decision was a naked attempt to grab power not given to it under federal law. FERC said ENOUGH, and ruled on Friday the DEC had taken too long (over one year) in dithering with a decision on the Millennium pipeline request. A recent ruling by the U.S. Court of Appeals for the District of Columbia said FERC has the power and authority to overrule the DEC when they take longer than one year to grant permits (see DC Court Tells Millennium FERC Can Override NY DEC Pipeline Delay). So FERC just exercised their federal, court-approved authority and smashed the DEC into the ground. LOVE IT! Of course the humiliated DEC spit and sputtered and said they will likely sue…
    Read More “History Made! FERC Overrules NY DEC on Millennium Pipe Permit”

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    FERC Greenlights Construction of Atlantic Sunrise Pipeline

    Bad news for the Sisters of the Corn and the radicals at Lancaster Against Pipelines. On Friday the Federal Energy Regulatory Commission (FERC) granted Williams permission to begin construction on Atlantic Sunrise, a $3 billion, 198-mile pipeline project running through 10 Pennsylvania counties to connect Marcellus Shale natural gas from northeastern PA with the Williams’ Transco pipeline in southern Lancaster County. Last week the Sierra Club and a mish mash of other nutball groups begged FERC to delay issuing an order that Williams can commence with construction, claiming FERC’s delay in considering a rehearing delayed a lawsuit and the lawsuit hasn’t had enough time to work it’s way through the court system (see Big Green Begs FERC to Delay Construction of Atlantic Sunrise Pipe). As was expected, Big Green’s begging and pleading fell on deaf ears. Williams previously said they plan to begin construction on Sept. 20th–this Wednesday. Ladies and gentleman, start your (backhoe) engines! Sisters of the Corn (see Lancaster Sisters of the Corn Lose Bid to Stop Atlantic Coast Pipe), you may want to pick up your wooden park benches and the flower trestle–what you call a “chapel”–in the middle of your corn field. Here comes the Atlantic Sunrise!…
    Read More “FERC Greenlights Construction of Atlantic Sunrise Pipeline”

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    Canadian Drillers Beg NEB to Approve Pipe Plan to Compete with M-U

    TransCanada, one of Canada’s leading midstream/pipeline companies, cooked up a deal last year to pipe natural gas from Canada’s West Coast to the East Coast in order to fend off cheap supplies of Marcellus/Utica gas that will flow into Canada when/if the NEXUS and Rover pipelines get built (see TransCanada Pipe Drops Price 42% to Compete with Marcellus/Utica). TransCanada dropped their pipeline price to lure drillers by (theoretically) making it less expensive to get gas from Western Canada, some 2,400 miles away, than from the Marcellus, just 400 miles away. The original open season last year was a bust because TransCanada insists on a 10-year commitment (see TransCanada Plan to Lowball M-U Gas Using Canada Pipeline a Bust). TransCanada revived their plan in February. Although it looked almost like the same deal all over again with the same 10-year term and about the same price, TransCanada dropped a minimum amount to be shipped and is letting shippers opt out after five years under certain conditions. The changes worked (see TransCanada Says Plan to Lowball M-U Gas Worked, Shippers Sign Up). The plan needs a bevy of regulatory approvals, the main one being the Canadian National Energy Board (NEB). The clock is ticking and time is running out. In hearings before the NEB last week, the Canadian Association of Petroleum Producers pleaded their case that the plan get approved. Without it, western Canadian gas simply can’t compete with cheap, abundant Marcellus/Utica Shale gas flowing north. In somewhat dramatic terms, Canadian drillers claimed the “future of western Canada’s natural gas industry could depend on pipeline company TransCanada winning regulatory approval” of their lowball plan…
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    19 Radicals Arrested for Blocking DEQ Building in Richmond, Va.

    As MDN told you two weeks ago, radicals from the Chesapeake Climate Action Network (CCAN) said they would stage “massive” protests at several Virginia Department of Environmental Quality offices last week to protest against two Marcellus/Utica pipeline projects: the $5 billion Atlantic Coast Pipeline and $3.5 billion Mountain Valley Pipeline. Both projects have large segments crossing Virginia (see Radical CCAN to Protest VA DEQ Against Marcellus/Utica Pipelines). CCAN said up to 1,000 people would turn up to behave badly at DEQ office sites–using sit-ins, “prayer circles” and sidewalk “rallies.” The so-called “massive” rallies where held–and it was bust. At the main DEQ office in Richmond, “dozens” turned out to protest the pipelines. If it weren’t for the signs and sloppy dress code, you wouldn’t have known they where there–they would have blended in with the crowd. In the end, 19 of the radicals were arrested for blocking an entrance to the building where the DEQ has its office. The news account of the “arrest” of these radicals sounds more like a tea party than a crime scene. One radical said she though the police “were just great”…
    Read More “19 Radicals Arrested for Blocking DEQ Building in Richmond, Va.”

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    Big Green Mouthpiece StateImpact PA Gets $653K Propaganda Grant

    It certainly isn’t journalism. It’s one-sided, anti-fossil fuel advocacy. And it’s profoundly biased. StateImpact Pennsylvania, a Public Broadcasting initiative that’s funded, in part, with taxpayer money, is about to expand by adding another three propagandists to the three it has now. Joy. Four PBS organizations, led by WITF in Harrisburg, PA, is receiving a $652,902 grant from the Corporation for Public Broadcasting (CPB) to expand its propaganda operation and write more anti-drilling, anti-pipeline stories. Stories that are one-sided. Aren’t you glad your taxpayer dollars go to fund this “reporting?” They’ll throw in a little global warming hysteria, just to spice it up…
    Read More “Big Green Mouthpiece StateImpact PA Gets $653K Propaganda Grant”

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    PIOGA Corrects PA Rep. Kate Harper’s Whoppers on Severance Tax

    Republicans hold majorities in both the Pennsylvania Senate and the Pennsylvania House. As is happening on the national level, the Republican Party in PA is also rife with establishment, left-leaning members who are not in their positions to benefit their constituents and all residents of the Keystone State, but are there to feather their own nests. Swamp dwellers. They are Republicans In Name Only (RINOs). One such RINO is PA Rep. Kate Harper, a “Republican” from Montgomery County–a Philadelphia suburb. Harper has been in the House since Jan. 2, 2001 (16 years, long past time she was voted out of office). Harper proposed an insane severance tax as part of this year’s budget deal. It’s not her first time at the trough. Harper has been proposing a severance tax for years (see PA RINO Rep. Kate Harper Trots Out Severance Tax, Again). Harper got her nose bent out of joint last week when her latest severance tax proposal, which she was just sure would make it this time, was removed from the budget bill during a committee vote. In responding to that removal, Harper made some inaccurate claims about the severance tax and the drilling industry. PIOGA (Pennsylvania Independent Oil & Gas Association) has stepped up to set the record straight on Ms. Harper’s whoppers…
    Read More “PIOGA Corrects PA Rep. Kate Harper’s Whoppers on Severance Tax”

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    ExxonKnew Radicals Suffer Major Federal Court Defeat in Mass.

    Last week MDN told you that New York’s highest court, the Court of Appeals, had just ruled that the New York State Attorney General, Eric Schneiderman, has the right to demand documents in a court case that accuses Exxon of hiding internal research that shows burning oil and gas leads to catastrophic, man-made global warming (see NY Court Tells Exxon to Turn Over Records to Corrupt AG). This part of the coordinated, colluding effort by Big Green groups to try and shake down Exxon for billions, to “take down one of the biggest” fossil fuel companies, hoping others would fold like a deck of cheap cards, part of the #ExxonKnew campain. Since we brought you that bad news, it’s only fair to bring you the good news too. Not long after the corrupted high court in NY delivered that verdict, a federal judge in Boston dealt a major blow to environmental activist groups suing Exxon as part of the #ExxonKnew campaign. In Boston, a judge ruled the Conservation Law Foundation (CLF) suing Exxon had unnecessarily injected global warming flummery into its lawsuit–and the CFL was ordered to refile their lawsuit without it–essentially gutting their effort to sue Exxon. It was a stand-up-and-cheer moment…
    Read More “ExxonKnew Radicals Suffer Major Federal Court Defeat in Mass.”

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    Under Pressure, EQT Moves Up Timeline to Explore Splitting Co.

    A second corporate raider is now making trouble for EQT and its planned purchase of/merger with with Rice Energy. In June, EQT and Rice Energy announced that EQT will buy out and merge in Rice Energy, to create (in EQT) the largest natural gas-producing company in the United States (see EQT Buys Rice Energy in $8.2B Deal, Becomes #1 Gas Producer in US). A few weeks after the announced merger, so-called “activist investor” (i.e. corporate raider) Jana Partners, in league with the Cohen family (Atlas Energy) started a proxy fight to block EQT’s takover/merger with Rice Energy (see Proxy Fight: Jana Partners, Atlas Tries to Stop EQT/Rice Deal). Instead of buying Rice, Jana is demanding that EQT split itself into two companies–upstream (drilling) and midstream (pipelines). Jana is now joined by a second group, a group that holds 4% of EQT’s outstanding stock–D.E. Shaw Group. Shaw is headed up by former Elliott Management head and corporate raider Quentin Koffey. As a reminder, raiders buy enough stock to get themselves a seat or two on the board of directors, so they can force a company to sell assets and fire people to drive up the price of the stock, lining their pockets because the raiders then sell the stock after the price goes up, moving on to the next target. Disgusting. And now Shaw, perhaps in league with Jana, is ganging up on EQT. So it’s no surprise that EQT has had to respond by issuing a statement that they’ve “accelerated” the timeline to explore the issue both Jana and Shaw are demanding–that the company split itself in two–upstream (drilling) and midstream (pipelines). That will, according to the money-grubbing raiders, “unlock shareholder value” (i.e. make them rich). Below we have EQT’s announcement, which came a day before Shaw sent the company a letter and a presentation (also below) that supposedly outlines how splitting EQT in two is best for everyone. At least Shaw is not demanding EQT pull out of the Rice Energy deal, as Jana is doing…
    Read More “Under Pressure, EQT Moves Up Timeline to Explore Splitting Co.”

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    PA Court Case May Create Loophole for Landowners to Bust Old Leases

    According to expert analysis by the legal beagles at the Blank Rome law firm, a recent decision by the Superior Court of Pennsylvania disregards established precedent law and has created a new law in PA, possibly “leaving lessees [drillers] in limbo, possibly giving unscrupulous lessors [landowners] a unilateral tool to terminate oil and gas leases, and ultimately harming both lessors and lessees in the process.” In Montgomery v. R. Oil & Gas Enterprises, two (out of three) judges ruled that oil and gas leases could be severed (terminated) both “vertically” and “horizontally” by unilateral actions of the landowner. In this case “vertical” means shale or other rock layers under the ground, and “horizontal” means surface ownership. As with most things legal, this is a complicated case with a lot of history we won’t attempt to recount it chapter and verse. If we can boil it all down, the judges found that a landowner who had purchased a piece of property with an old lease that contained terms for shallow rock layers and deeper rock layers, could, unilaterally, terminate one aspect of that lease (in this case the shallow layer portion of the lease) while keeping the other aspect of the lease intact (the deeper layers, already drilled and producing). The Blank Rome analysis below does a deep dive into the case, frankly ripping the decision to shreds, and postulates the theory that it may lead to cases in which a landowner with a decades-old lease in which the shallow layers are held by production can separate and convey the deeper layers to a family member or family trust, and then terminate the deeper layer lease, re-releasing it to a different driller…
    Read More “PA Court Case May Create Loophole for Landowners to Bust Old Leases”

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    PA House Should Nuke Anti-Landowner Section 1610 of Budget Bill

    In July when the Pennsylvania Senate passed their awful budget bill that includes a variety of new taxes, including a new severance tax on the Marcellus industry, they also slipped in Section 1610 which changes established lease law with respect to oil and gas wells that no longer produce anything (see PA Senate Slips Anti-Landowner Measure into State Budget Bill). Under existing law, when an oil or gas well stops producing–and the landowner quits getting royalty checks–the lease is considered terminated. Done. Finished. Under new Section 1610, drillers can resurrect those dead leases under a couple of conditions. If the landowner doesn’t officially state “your lease is now dead since you’re not producing anything” a driller can quick-like-a-bunny restart production at the well and send the landowner a royalty check, re-starting (or continuing) the existing lease with its existing terms. Or if the driller sends a notice to the landowner stating its intention to drill a new well on the property, and if the landowner doesn’t object (within a 3-month time limit), the driller is free to begin drilling a NEW well, under the OLD lease terms. Section 1610 really stinks, in our humble opinion. It means a driller can drill a new shale well after an old conventional/vertical well quits producing–without having to sign a new lease or pay a new bonus or negotiate a new royalty rate. An editorial in the profoundly anti-drilling (and far-left) Scranton Times-Tribune encourages the House to nuke the Section 1610 provision. This is one of those rare (perhaps first time!) cases when MDN agrees with the lefty libs at the Times-Tribune…
    Read More “PA House Should Nuke Anti-Landowner Section 1610 of Budget Bill”

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    Big Green Begs FERC to Delay Construction of Atlantic Sunrise Pipe

    Last week the Pennsylvania Dept. of Environmental Protection (DEP) issued the final permit needed by Williams to begin construction on Atlantic Sunrise, a $3 billion, 198-mile pipeline project running through 10 Pennsylvania counties to connect Marcellus Shale natural gas from northeastern PA with the Williams’ Transco pipeline in southern Lancaster County (see PA Issues Final Permit for Atlantic Sunrise, Construction Sept 20). The only thing left before Williams fires up the bulldozers and backhoes and begins to dig is for the Federal Energy Regulatory Commission (FERC), which has already fully approved the project, to issue a “you can begin building” order. Last week Williams said they hope/plan to receive that order imminently, and begin construction next week, on Sept. 20th. However, the radicals at the Sierra Club and a bunch of other loony leftist “environmental” organizations are riding in to ruin the day. They’ve filed an urgent request with FERC to delay issuing the order to begin building. Why? Because these cancerous groups previously filed a lawsuit in federal court that seeks to have FERC reverse their decision to approve the project. The first step in the process when radical groups challenge a FERC order is for FERC itself to reconsider whether or not to rehear arguments against a project. FERC did delay, using something called a “tolling order.” Because of the tolling order delay, the radicals could not (as they wanted all along) appeal the case to the liberal D.C. Court of Appeals, the next step in the process. The radicals say the now-appealed case before the 2nd Circuit hasn’t had enough time, therefore FERC should delay an order to allow construction to begin for Atlantic Sunrise…
    Read More “Big Green Begs FERC to Delay Construction of Atlantic Sunrise Pipe”

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    Pinelands Commission Approves Pipeline Thru NJ Scrub Pines

    Click for larger version of map

    Anti-fossil fuel radicals behaved badly, as they usually do, at yesterday’s New Jersey Pinelands Commission meeting. Using “whistles, cowbells and shouts,” and holding “Pinocchio noses to their faces,” radical antis from groups like the Sierra Club tried to bully commissioners into denying approval of a $130 million, 28-mile natural gas pipeline proposed by New Jersey Natural Gas (NJNG) to connect NJNG’s distribution system serving customers in Ocean, Burlington and Monmouth counties (in NJ) and the interstate pipeline system adjacent to the New Jersey Turnpike. Spoiled, rotten-acting children grow up to be spoiled, rotten-acting adults. Ever notice that truism? The pipeline runs through 12 miles of scrub pines that are “protected” in NJ. The “Southern Reliability Link” pipeline project, as it is called, is meant to provide a backup for hundreds of thousands of NJ residents who lost access to natural gas following Super Storm Sandy. Such reliability makes no difference to radicals (many of them out-of-state) who irrationally hate all fossil fuels. The Sierra Club sued to stop the project. The courts ruled that the Commission would need to hold a full vote on whether to approve it, so the Commission held a public hearing in July (see Antis Oppose Tiny Pipeline Thru Scrub Pines in N NJ at Hearing). Yesterday the full Commission voted, 8 to 4 (with 1 abstention), to approve the Southern Reliability Link. Finally! Of course the radicals say they will now launch yet another frivolous lawsuit to try and stop it, claiming the Commission “ignored the law” in approving the project. No, Sierra Club, YOU are the ones who continually ignore the law…
    Read More “Pinelands Commission Approves Pipeline Thru NJ Scrub Pines”

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    UGI Adds Marcellus Gas Service to Town Between Scranton, W-B

    It is a story we see happening more and more frequently–local distribution companies (LDCs, your local gas & electric company) are adding new customers in places previously not served by natural gas lines–because of the presence of the abundant, cheap, and clean-burning Marcellus Shale. The latest such story we noticed of this type comes from the Scranton/Wilkes-Barre area. If you ever whiz through Scranton, and then Wilkes-Barre, motoring down Interstate 81 (as we’ve done hundreds of times over the years), one of the townships you pass through without knowing it is Dupont (in Luzerne County)–quite close to the regional airport in Avoca, not far from Montage Mountain ski resort, and a whisker away from Moosic. Utility giant UGI has begun a program to install natural gas pipelines to 123 homes in Dupont, to provide Marcellus Shale gas to those homes…
    Read More “UGI Adds Marcellus Gas Service to Town Between Scranton, W-B”

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    VA Pipeline Rally: Protesters Say Global Warming Causes Hurricanes

    Earlier this year a poll of Virginians found 62% of them support building the Mountain Valley Pipeline (MVP) project in the state (see New Poll: 62% of Virginians Support Mountain Valley Pipeline). MVP is a $3.5 billion, 301-mile pipeline that will run from Wetzel County, WV to the Transco Pipeline in Pittsylvania County, VA. The project, which filed an official application with the Federal Energy Regulatory Commission in October 2015, will be built by EQT, NextEra Energy and several other partners including WGL. Even though the vast majority of Virginians want the pipeline, there are always a few, typically from Big Green groups like the Sierra Club, who oppose it. Opponents of MVP, and another project, Dominion’s Atlantic Coast Pipeline, held rallies on Wednesday at seven Virginia Dept. of Environmental Quality locations scattered across the state. About 50 people gathered at the Roanoke location. The rally was instructive. Given the safety record of pipelines, we always wonder what excuses these people can possibly have to oppose these projects? The answer always comes back to one, core motivation: they irrationally hate all fossil fuels. We know! You’re tired of us repeating this like a broken record. But it’s so true, as was perfectly illustrated at the Roanoke rally…
    Read More “VA Pipeline Rally: Protesters Say Global Warming Causes Hurricanes”