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FERC Wins Lawsuit Against Sierra Club re NFG’s Northern Access Pipe

National Fuel Gas Company (NFG) and its pipeline subsidiary Empire Pipeline have worked on a plan to build the Northern Access Pipeline since 2016. Northern Access is a 97-mile project from McKean County in Pennsylvania into and through Allegany, Cattaraugus, and Erie counties in New York that will flow Marcellus gas into New York State. The project was repeatedly delayed by the radicals of the Andrew Cuomo (now Kathy Hochul) administrations in NY. NFG still wants to build the project but needs more time. The Federal Energy Regulatory Commission (FERC) gave NFG an extra 35 months to get the project done in a decision in June 2022. The Sierra Club challenged FERC’s time extension. On Friday the U.S. Court of Appeals for the District of Columbia (DC Circuit) rejected the Clubbers and said FERC properly extended the time to build the project.
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Martins Ferry Mayor Gives Update on Closed Frack Wastewater Facility

Yesterday, MDN reported that Ohio Attorney General Dave Yost took legal action on Monday, seeking to force Austin Master Services (AMS) in Martins Ferry (Belmont County), OH, to correct “egregious violations of Ohio law” regarding the storage of oil and gas waste that he says threatens the Ohio River and Martins Ferry’s drinking water supply (see Ohio AG Sues Austin Master Services for Unsafe Storage of Wastewater). Last night, Martins Ferry Mayor John Davies addressed the ongoing situation of the now-shuttered AMS facility at the biweekly City Council meeting. We learned some interesting things in reading his comments.

4/8/24: Please see an important update about the ownership of AMS below.
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BLM Floats Draft Assessment for Drilling in OH’s Wayne Nat’l Forest

Like a phoenix rising from the ashes, the seemingly moribund effort to drill shale wells on land located in Ohio’s Wayne National Forest (WNF) is active once again. WNF is a patchwork of public and private mineral rights that covers over a quarter million acres of Appalachian foothills of southeastern Ohio. For years, the Bureau of Land Management (BLM) blocked new permits and drilling in WNF. During the Trump administration, the BLM began to auction off federal leases and permits (see our stories about BLM auction in WNF here). However, a federal judge blocked drilling in WNF in 2021 after Biden seized control of the White House (see Federal Judge Blocks Permits to Drill in OH’s Wayne Natl Forest).
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The Many Lawsuits Challenging Woke SEC’s Climate Disclosure Reg

Earlier this month, the U.S. Securities and Exchange Commission (SEC), corrupted by the Bidenistas, voted 3-2 (three Democrats vs. two Republicans) to issue a final regulation that will force all publicly traded companies to disclose their so-called greenhouse gas (GHG) emissions and the imaginary climate risks their businesses face (see Woke SEC Adopts Modified Version of Climate Disclosure Reg). The end result of the Biden SEC’s new regulations will be to “kneecap” oil and gas companies (see SEC Reg Requiring Disclosure of Climate Change Risk “Kneecaps” O&G). And that’s the purpose. The Bidenistas and the left are looking to close down fossil fuel companies by using regulatory agencies like the SEC. Not so fast. A plethora (too many to count) of companies, organizations, and states are suing the SEC in an attempt to overturn the new reg.
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FERC Approves East Tenn. NatGas System Alignment in NC, TN, VA

Last week, the Federal Energy Regulatory Commission (FERC) approved an Enbridge project to update its East Tennessee Natural Gas (ETNG) pipeline system. The project is referred to as the ETNG System Alignment Program Project, a project that heretofore was not on our radar screen. ETNG plans to add two electric compressor stations and pipeline capacity in North Carolina, Tennessee, and Virginia. In what has become a typical pattern, FERC Chairman Willie Phillips (Democrat) and Commissioner Mark Christie (Republican) voted to approve the project. Radicalized Commissioner Allison Clements (Democrat, former NRDC attorney) voted against approving the project.
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FERC Approves Ala. Georgia Connector to Upgrade 5 Compressors

Last year, Williams filed a formal application with the Federal Energy Regulatory Commission (FERC) to upgrade Transco pipeline’s capacity in Alabama and Georgia (see Transco Seeks FERC OK to Expand Capacity in Alabama and Georgia). The Alabama Georgia Connector Project involves upgrades to five compressor stations that will increase capacity in the region by an extra 63.8 million cubic feet per day (MMcf/d). Georgia is in desperate need of more natgas, and this project will help provide it. Last week, the Federal Energy Regulatory Commission (FERC) approved the Alabama Georgia Connector Project.
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PA Gov. Shapiro Seeks to Require 35% Unreliable Renewables by 2035

In 2004, Pennsylvania implemented one of the most aggressive mandates to adopt wind and solar energy. At the time, less than 1% of net energy generation came from wind and solar in the Keystone State. In 2023, after the state had spent nearly $1.5 billion in subsidies, wind and solar generated less than 2%. And yet current Gov. Josh Shapiro (liberal Democrat) wants to double down by requiring 35% of electricity to come from politically favored sources, such as wind and solar, by 2035. The one energy source that has PROVEN to reduce carbon dioxide emissions? That would be natural gas, which is not on the politically favored sources list.
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Plugging PA’s Abandoned & Orphaned Wells is a Hot Mess

Last week, MDN brought you a story about the rampant cost inflation for plugging old conventional abandoned and orphaned oil and gas wells in the Keystone State (see Federal Regs Push Well Plugging Costs in PA Over $100,000 per Well). While federal wage requirements are certainly the primary reason for the inflated cost to plug old wells (if you take federal money, you play by the federal government’s rules), more information is now coming to light about the sorry state of affairs in PA’s well plugging program.
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Fayette County Adopts Illegal Wastewater Injection Well Ban

Fayette County, PA

Is Fayette County in southwestern Pennsylvania, with some 333 drilled and active shale wells as of the end of last year, turning against the Marcellus industry? Perhaps. And perhaps drillers will want to give the county a pass for future development following an unnecessary and illegal ban against wastewater injection wells passed last week by the three county commissioners — two Republicans (Scott Dunn and Dave Lohr) and one Democrat (Vincent Vicites).
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Shell PA Cracker Must File for Full Title V Air Permit, or Else

The Pennsylvania Dept. of Environmental Protection (DEP) sent a letter to the Shell ethane cracker plant on Feb. 22 essentially saying, “You’re time is up.” The cracker plant facility has 120 days from Feb. 22 (until Jun. 21) to file for a federal Title V Operating Permit for air emissions. If the facility doesn’t at least file for the permit, it’s lights out until it does.
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NY Hiring PR Firm for $500,000 to Push Anti-Fossil Fuel Message

The New York State Energy Research and Development Authority (NYSERDA) is shopping for a public relations firm that can help the agency convince gullible New Yorkers that they’re better off paying more money for unreliable renewable energy than they are in using fossil fuels like natural gas. NYSERDA is offering $500,000 for a one-year contract to help the agency tout its wide-ranging push to phase out gas cars in favor of electric vehicles, dump gas-heated homes in favor of electric heat, and eliminate fossil-fuel power generation in favor of solar and wind. While they’re at it, maybe they can sell you a bridge in Brooklyn, too.
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3 FERC Nominees on the Hot Seat at Senate Hearing, No Fireworks

Earlier this month, MDN told you that President Joementia Biden has nominated three new candidates to become Federal Energy Regulatory Commission (FERC) commissioners (see Biden Announces 3 New FERC Commissioner Nominees, Finally). The three, two Democrats and one Republican, faced questions from the Senate Energy & Natural Resources Committee in a hearing held yesterday. While all three got a good grilling (and had to endure pontificating by Senators), there really was little to no fireworks at the hearing.
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Dems Intro Bill to Create PA-Only Marcellus-Killing Carbon Tax

It’s full speed ahead for the radical anti-Marcellus Democrats in the Pennsylvania State Legislature. Last week, PA Gov. Josh Shapiro traveled to Scranton, PA, to do a dog-and-pony show announcing his personalized version of the Regional Greenhouse Gas Initiative (RGGI) carbon tax that would apply only to PA (see PA Gov. Shapiro Proposes Own Version of Marcellus-Killing Carbon Tax). Shapiro calls it PACER, the Pennsylvania Climate Emissions Reduction Act. PACER would do what RGGI does — slap a huge tax on gas-fired power plants because they burn methane that gets converted into carbon dioxide. His far-left allies in the legislature — Sen. Carolyn Comitta (D-Chester), Sen. Steve Santarsiero (D-Bucks), Rep. Danielle Friel Otten (D-Chester), and Rep. Aerion Abney (D-Allegheny) — are about to introduce a bill in both chambers to make PACER a reality. Good luck with that in the GOP-controlled Senate!
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0% of New PA Shale Wells have “Interfered” with Water, Other Wells

Honestly, we can’t heap enough praise on the excellent work done by Pennsylvania shale drillers. It is unreasonable to expect there will be absolutely zero problems when engaging in something as complex as drilling a mile straight down and then one to four miles horizontally underground. Nothing in life is error-free. NOTHING. There’s always a problem. There’s always a slight error somewhere. Yet in PA drilling, only 54 shale wells out of 14,412 drilled since 2004 have resulted in the shale well “communicating with” (interfering with or leaking methane to) nearby water wells, conventional wells, abandoned wells, or other shale wells. That’s 0.0037 of the time, or 3.7 wells for every 1,000 drilled. Converting that number to a percentage, it’s 0.37% (about one-third of a single percentage point). Rounding further, it’s 0% of the time.
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Radicals Win in NY – Senate Passes Permanent Ban on CO2 Fracking

Where do business dreams go to die? New York State, of course. Yesterday, the New York State Senate passed a bill to ban the use of carbon dioxide (CO2) in any process to extract natural gas or oil in the so-called Empire State. The NY Assembly (our state’s lower chamber) voted to approve the same bill a week ago (see NY Assembly Passes Bill to Ban Using CO2 to “Frack” Wells). It is a metaphysical certitude that our radicalized Governor, Kathy Hochul (who has somehow become even worse than Andrew Cuomo), will sign it into law, thereby destroying what could have been a billion-dollar private business that would have benefited landowners, area businesses, and local municipalities with heaps of extra tax revenues. Have a great idea for a business? Don’t come to New York, where we are closed for business.
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Federal Regs Push Well Plugging Costs in PA Over $100,000 per Well

Plugging old abandoned (which means no longer producing) and orphaned (meaning the owner is not known) wells is not a simple thing to do. It’s estimated that Pennsylvania has perhaps 350,000 old abandoned and orphaned wells, many of them leftover from the early days of conventional oil drilling. The problem is finding them. Many are in out-of-the-way places. Plugging them cheaply is no simple matter. PA, OH, and WV have received millions from the federal government to help with their well plugging programs in an effort to control so-called fugitive methane. Over the past year, PA has plugged over 200 old wells (see PA Gov Shapiro Puffs His Chest to Announce Plugging 200 Old Wells). How much does it cost per well?
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