EPA & Army Corps Publish Final WOTUS Regs – Obama Overreach Fixed
One of the worst overreaches and offenses of the Obamadroids was to redefine what “waters of the United States” (or WOTUS) actually means. As they were getting ready to leave power, the Obama EPA redefined WOTUS as everything down to large mud puddles–no lie (see EPA Power Grab: Redefines Waters of the U.S. to Include Everything). When Donald Trump took over, he set out to correct Obama’s conceit by bringing the WOTUS definition back into the realm of reality. It took years and fending off multiple lawsuits funded by Big Green organizations, but we finally we have a new, permanent redefinition of WOTUS–taking it back to what it was meant to be. The redo defines what is and what is not actual, navigable waters of the U.S. Yesterday the U.S. EPA and Army Corps of Engineers published the final Navigable Waters Protection Rule, amending the definition of WOTUS.
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Spectra Energy’s Algonquin Incremental Market (AIM) pipeline project is an $876 million expansion of the existing Algonquin pipeline system designed to carry 342 million cubic feet of natural gas per day to New England states that badly need the gas. On March 3, 2015, the Federal Energy Regulatory Commission (FERC) issued its final approval for the project, allowing the project to go forward. Construction began in 2015 and, following extreme opposition from New York State over a small portion of the project, it finally went online in 2016.
Before the COVID-19 coronavirus pandemic hit, causing lockdowns and stay-at-home orders throughout much of the U.S. (and world), natural gas drillers in places like the Marcellus/Utica were hurting (due to low gas prices) but holding their own financially. Maybe not all, but a majority were doing OK. And then the bottom dropped out of everything with the virus causing demand “destruction” because people are not traveling. Right now there’s less of everything–less electricity being used (a major customer for natgas), less natgas used for heating big office buildings and factories, etc. Of course, that means less production, with shale gas drillers choosing to scale back new drilling and even shut-in some wells.
The PA Dept. of Environmental Protection (DEP) published a notice in Saturday’s Pennsylvania Bulletin that the agency is proposing changes to the Residual Waste General Permit WMGR123, which governs the processing, transfer and beneficial use of oil and gas liquid waste to develop or frack an oil and gas well. Some of the changes include defining certain terms, including “processing,” “transfer,” and “storage”; changing the application from a registration to a determination of applicability; revising sampling and analysis requirements; and revising the frequency of inspections.

The Pennsylvania Dept. of Environmental Protection (DEP) has reached an agreement with Range Resources that forces Range to pay $198,920 in fines for violations of state regulations and the Air Pollution Control Act–violations that happened in 2013, 2014, and 2015. Our reading is that most of the violations revolve around Range not filing the right paperwork.
A lot of things have changed over the past month since COVID-19 coronavirus lockdowns were instituted in many states, including New York and Pennsylvania. Some sleazy politicians, like Andrew Cuomo and the far-left Democrats in the New York State legislature, took advantage of the crisis to pass damaging legislation while no one paid attention (see
Last year MDN told you about New Jersey-based Omni Energy Group and their application to build two new injection wells in Belmont County, OH near St. Clairsville (see
Remember that old Abbott and Costello comedy routine, “Who’s on First?” That aptly describes what appears to be happening at the Pennsylvania Dept. of Community and Economic Development (DCED). PA Gov. Tom Wolf issued an edict several weeks ago that bans businesses from working unless they appear on a list of “life-sustaining” activities, in an effort to halt the spread of the COVID-19 coronavirus. Companies can apply for a waiver if they’re not on the life-sustaining list. The DCED is in charge (if you can call it that) of reviewing and issuing the waivers. Yesterday the DCED issued waivers to Energy Transfer to button up some final bits of work on the Mariner East 2 (ME2) pipeline project in several locations near Philadelphia. A few hours later DCED rescinded/pulled those waivers. What’s going on?
The Pennsylvania Dept. of Environmental Protection (DEP) says CNX Resources failed to prevent soil erosion at seven of the company’s well pad sites in Washington and Greene counties in 2017/2018. The failure, says DEP, resulted in the release of soil and sediment, including a few cases of sediment-laden water being released into nearby streams. CNX corrected the violations and has struck a deal with DEP regarding compensation. Instead of paying a fine to the DEP, CNX will pay $180,000 to restore a trout stream in a Washington County park.
Although it seems counterintuitive to say this, maybe NY Gov. Andrew Cuomo and his legion of radicalized Democrats have done New York landowners a favor with a permanent ban on fracking, passed as part of the most recent state budget (see
While no one was paying attention, distracted with literal life and death issues due to the coronavirus pandemic, the uber-corrupt and sleazy Andrew Cuomo (worst governor EVER) slipped in a permanent ban on fracking into the annual state budget bill which is now the law of our fallen (and sick) land. This is truly a sad day for those of us who live in New York State. We seriously doubt there will ever be a Republican legislature and governor in NY to reverse the horrific damage now done to our civil liberties. Freedom died yesterday in New York State. We now live behind enemy lines.
One year ago MDN told about a Kinder Morgan’s Natural Gas Pipeline Company of America LLC (NGPL) project that carries Marcellus/Utica gas from the Midwest all the way to the Gulf Coast to feed just about any of the existing or under construction LNG export plants in the region (see
Last week MDN told you about a flurry of oil and gas bills passed by the West Virginia legislature signed into law by Gov. Jim Justice (see
The Delaware River Basin Commission (DRBC) has been co-opted by Big Green groups to do their bidding. The latest example is a letter sent by DRBC to the Federal Energy Regulatory Commission (FERC), arrogantly telling FERC that the DRBC has the power to review the PennEast Pipeline project–to pass judgment on whether or not (and how) it gets built. That authority lies SOLELY with FERC.