Regulation

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    Dela. Riverkeeper Suffers Major Defeat in Martian Well Case

    Nearly a year ago MDN reported that Big Green group THE Delaware Riverkeeper (aka Maya van Rossum) and the odious Philadelphia-based Clean Air Council (CAC) had suffered a crushing legal defeat in their attempt to interfere with shale drilling on the opposite side of the state from where the Delaware River and Philly is located (see Dela. Riverkeeper Loses Martian Case to Stop Rex Energy Drilling). A small group of anti-drilling parents from the Mars School District (whom we affectionately call “Martians”) in Butler County, PA, backed by money and legal help from Riverkeeper and CAC, filed frivolous lawsuit after frivolous lawsuit aimed at denying landowners in Middlesex Township revenue from legally permitted drilling. Even amid the back and forth lawsuits, at least two of the wells were permitted and drilled by Rex Energy, despite the bleatings of the Martians (see Martian Victory! 2 Wells Near Mars School Nearly Done Drilling). Following last year’s final word by PA Commonwealth Court, we thought that was the end of it. However, Riverkeeper and CAC tried one last, desperate attempt–by filing an appeal with the Environmental Hearing Board. The EHB is a special court set up to hear appeals of decisions made by the Dept. of Environmental Protection (DEP). Riverkeeper and CAC argued that the DEP abrogated their responsibilities under the PA Environmental Rights Amendment (ERA) to protect PA’s environment by issuing permits for Rex’s Martian wells. Last Friday the EHB ruled that DEP was well within its rights and did not, in fact, violate the ERA by allowing the Rex wells…
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    Penn Twp About to Adopt Meaningless (?) Injection Well Ban

    Last November we updated you on a lawsuit filed by a group of anti-fossil fuelers in Penn Township (Westmoreland County), PA (see Penn Twp Ninny Nannies File Lawsuit to Block Apex, H&H Wells). A group calling themselves Protect PT, backed with money and legal help from Big Green group PennFuture, filed a lawsuit to try and stop Apex Energy and Huntley & Huntley (H&H) from drilling wells in the township. The lawsuit finally made it to a county judge who heard testimony in April (see Penn Twp Antis Try to Use PA ERA to Block Shale Drilling). The peril with Protect PT’s lawsuit is that it uses Pennsylvania’s so-called Environmental Rights Amendment (ERA), which liberal PA judges have, in recent years, breathed new life into. The argument is that fracking denies those who live near this temporary activity their “right” to enjoy Mom Nature, therefore it should be banished forever. Protect PT is attempting to pull off a total frack ban in the Penn Township. Meanwhile, Protect PT is working on a parallel effort. They’ve convinced (pressured, bullied) the town board to adopt an injection well ordinance that essentially bans injection wells in the town. Here’s the thing: Nobody has even whispered the hint of wanting to locate a wastewater injection well in Penn Township–ever. It is a meaningless gesture–unless you consider that Protect PT calls the injection well ordinance a “victory” and (our inference) if they can get this injection well ordinance passed, then maybe they can get a more restrictive drilling ordinance passed too. That is, the injection well ordinance is the back door to getting a wider frack ban enacted by a now-susceptible and weakened town board…
    Read More “Penn Twp About to Adopt Meaningless (?) Injection Well Ban”

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    Short Pipeline from NW Pa. to NE Ohio May Not Get Done This Year

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    Last October MDN brought you details about the proposed $86 million Risberg Line pipeline project (see New 60-Mile Pipeline Proposed from NW Pa. to NE Ohio). The project will use approximately 32 miles of existing pipeline in an established Right of Way originating in the Meadville, PA area. Approximately 16 miles of new pipeline will be installed in Pennsylvania and approximately 12 miles of new pipeline will be installed in Ohio–meaning 28 miles of brand new “greenfield” pipeline needs to get built. In early May, the Federal Energy Regulatory Commission (FERC) said it will issue an environmental assessment (EA) for the project on or by June 29th (see FERC Review of Risberg Pipeline in NE OH/NW PA Coming June 29). Both the U.S. Army Corps of Engineers and the PA Fish and Boat Commission are “cooperating agencies” and part of the EA review process. Following the EA, the clock will begin ticking and FERC will have until Sept. 27th to make a final decision about the project. The original timeline for the project, from the beginning, has been to have it all built and operating by the end of this year. The builder, RH energytrans, is now cautioning that may not happen. Why? Because one never knows with regulatory agencies like FERC and the Army Corps and the Boat Commission. Deadlines come and go and get extended. FERC says the dates they given are targets and not carved in stone. If everything happened as FERC laid out, RH says it would be a challenge, but they can probably get the job done this year. But if the deadline slips, all bets are off…
    Read More “Short Pipeline from NW Pa. to NE Ohio May Not Get Done This Year”

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    Atlantic Coast Actual Pipeline Construction Begins in WV

    On Friday, the Federal Energy Regulatory Commission (FERC) issued Dominion Energy permission to begin construction of the actual pipeline for the Atlantic Coast Pipeline (ACP) project–in West Virginia. ACP is a (now) $6.5 billion project, up from a projected $5 billion due to delays from regulatory agencies and frivolous lawsuits filed by Big Green groups, that will run from WV through Virginia and into North Carolina–almost to the border with South Carolina. Until now FERC had allowed prep work, like tree cutting. But now actual pipeline construction can begin, which is a momentous occasion, worthy of celebration!…
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    Study Confirms PA Enviro Laws ARE More Strict Than Federal Laws

    In April, the Pennsylvania Joint State Government Commission released a report (full copy below) tackling the question of whether or not PA’s environmental laws and regulations are more stringent than federal requirements. The report compared the main state and federal laws in place covering clean air, clean water, natural resources, waste management and more. The report says PA’s laws, “are generally no more stringent than their federal counterparts.” But in the same paragraph, the report says, “Where additional regulations have been made, it is generally justified as a compelling and articulable Pennsylvania interest and addresses definable public health, safety or environmental risks. The area of greatest deviation involves differences between the federal Clean Water Act and the Clean Streams Law. Other more stringent regulations are found in the areas of safe drinking water, the handling of hazardous materials, and mineral extraction. In some instances, Pennsylvania regulations build upon and supplement federal law; in others, Pennsylvania has acted in areas not regulated by the federal government” (pg 6). What does that say to you? It says to us: “Heck yeah, the enviro laws in PA are a lot more strict than federal laws, but there’s good reasons (according to the authors of the report) for it.” Are there good reasons for PA raising the bar higher than the federal government requires?…
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    EQT Continues to Fight PA DEP Fine re Wastewater Impoundment

    On Wednesday, Pennsylvania Commonwealth Court (an appeals court) heard oral arguments over how to prove whether contaminants in the soil have moved into groundwater. The case dates back to 2014 when the PA Dept. of Environmental Protection (DEP) slapped EQT with a $4.53 million fine for a leaky wastewater impoundment in Tioga County (see PA DEP Levies Biggest Fine Ever, $4.5M Against EQT). EQT did not say there wasn’t a problem with leaks at the site, but they did say the way the DEP calculated the fine was unreasonable and arbitrary. EQT appealed the fine and the case all the way to the PA Supreme Court, and in early April the Supremes ruled in favor of EQT, saying that the DEP’s levied fine was excessive and that the DEP misinterpreted language in the 1937 Clean Streams Law (see PA Supreme Court Axes DEP $4.5M Fine in EQT Tioga Wastewater Leak). We thought (mistakenly) that was the end of the case. But it’s not. The Supremes ruled on “water to water” contamination in the case, but not on ground to water contamination. PA law allows for companies to be on the hook for each day a contaminant enters the water table. What lawyers argued this week was whether or not, and how, the DEP can prove contaminants in the ground, there because of EQT’s leak, can be proven to have leached into the water on any given day. DEP is calculating a revised $1.1 million fine based on assumptions about how many days the contaminants leaked out of the ground. EQT is forcing DEP to use more than just spitball estimates in calculating the fine…
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    Ohio EPA Continues to Hound 99% Done Rover Pipe re River Drilling

    Rover Pipeline–a $3.7 billion, 711-mile natural gas pipeline that runs from PA, WV and eastern OH through OH into Michigan and on to Canada via the Vector Pipeline–is about 99% done and as of last week, most of it is now up and running (see FERC Allows Rover Pipeline Startup in Michigan, Close to 100% Done). There are still a few spots being worked on, but very few. Even though the project is on the home stretch and will be 100% done by the end of June, Ohio EPA’s Craig Butler continues to hunt Rover like Captain Ahab hunted Moby-Dick. He can’t leave it alone. Obsessed. In February Captain Butler filed a letter with the Federal Energy Regulatory Commission (FERC) claiming that testing done by OEPA found the presence of very low levels of the toxic chemical tetrachloroethene (PCE) at Rover’s underground drilling site at the Tuscarawas River in southern Stark County (see Ohio EPA Continues to Target Rover Pipe in New FERC Letter). OEPA admits they can’t prove the very low levels of the compound actually came from Rover’s drilling activity–but hey, what’s proof got to do with it? Energy Transfer Partners, the company building Rover, responded by saying the PCE comes from sediment at the bottom of the long-polluted Tuscarawas River itself. On Tuesday OEPA filed another letter with FERC (full copy below) disagreeing with ET’s assessment, once again requesting FERC impose all sorts of requirements and conditions on the project–putting OEPA in charge of some of it (which is patently unconstitutional)…
    Read More “Ohio EPA Continues to Hound 99% Done Rover Pipe re River Drilling”

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    PA Agency Seeks to Force Drillers to Hire from State-Approved List

    How do you prove you aren’t biased, racist, chauvinist, etc.? That is, how can you prove a negative? You can’t. But that doesn’t stop the radical left from trying to make you do it. Here’s another question: Where do you think The Almighty State forces companies to hire people from a state-approved list? In Russia? China? Perhaps Cuba? Nope. How about Pennsylvania. The Pennsylvania Department of General Services (DGS) wants to force down the throats of shale companies working in the state a requirement that they hire people who DGS, a dunderheaded government agency, says they should hire–or else. Or else what? Or else those companies get “audited” and found in violation and fined out the wazoo. DGS continues to beg state lawmakers to allow it to audit natural gas companies’ efforts to hire businesses owned by women, minorities and veterans. This is nothing new. DGS, and the antis who are stoking this effort, have been agitating for a Communist crackdown on shale hiring since 2012…
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    Desperate Riverkeeper Files Multiple Lawsuits re PennEast Pipe

    Knowing that the PennEast Pipeline project is about to become reality, a very desperate THE Delaware Riverkeeper (aka Maya van Rossum) has launched a major legal attack against the project–using Big Green money. These are not the first legal filings by Riverkeeper against PennEast. The current strategy appears to be “bury them in legal horse manure.” PennEast Pipeline is a 120-mile pipeline from near Wilkes-Barre, PA to near Trenton, NJ. The planned route passes through Luzerne, Carbon, Northampton, and Bucks counties in PA, and through Mercer and Hunterdon counties in NJ. The pipeline is needed to move PA’s abundant Marcellus gas to markets in NJ. The first “legal maneuver” by Riverkeeper this week was to file a petition for a “Writ of Mandamus” in the D.C. Circuit Court of Appeals, asking the court to force the Federal Energy Regulatory Commission (FERC) to respond to Riverkeeper’s rehearing request on the PennEast project. At the same time, Riverkeeper filed a “Petition for Review” with the D.C. Circuit Court of appeals challenging all of FERC’s orders related to PennEast. It is a full, frontal legal attack by a small organization fronting for other groups like the William Penn Foundation. The question is, will Riverkeeper’s latest attack work?…
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    Mountain Valley Pipe Continues to Get FERC Approval for Construction

    Despite all of the media attention on a handful of protesters who sit in the tops of trees or on top of a poll in order to block construction of the Mountain Valley Pipeline (MVP), the pipeline nonetheless continues to receive regular new permissions from the Federal Energy Regulatory Commission (FERC) to construct the actual pipeline and (yes), even to cut trees past the March 31 deadline. The good news is that MVP is on track to be completely built and flowing Marcellus/Utica gas by the end of THIS YEAR! Despite the best efforts of radical protesters and multiple lawsuits by Big Green groups. Recent FERC permissions for MVP include: (1) allow MVP to cut trees in Jefferson National Forest past the March 31 deadline; (2) build parts of the pipeline in Roanoke and Franklin Counties, VA; (3) work 24/7 on building a compressor station in Wetzel County, WV; and (4) build pipeline in Jefferson National Forest, on both the VA and WV sides…
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    Anti-Fossil Fuel NY Attorney General Eric Schneiderman Resigns!

    Former NY AG Eric Schneiderman

    One of the plagues we’ve had to endure in the Empire State is a totally out-of-control, mad drunk with an abuse of legal power, Attorney General Eric Schniederman. There isn’t a shale pipeline or drilling project in New York that Schneiderman hasn’t harassed. Apparently the oil and gas industry isn’t the only thing he harasses. Following a bombshell story in the ultra liberal The New Yorker magazine that accuses Schneiderman of rough sex and slapping woman around, he abruptly resigned as of today. Schneiderman’s resignation has nothing to do with the Marcellus/Utica, but his departure is cause for celebration in New York. Schneiderman was one of the ring leaders in a cabal attempting to shake down Exxon Mobil and other oil companies for billions of dollars, accusing them of “knowing” that oil causes mythical man-made global warming and is harming the environment. The fossil fuel projects in NY that Schneiderman opposed are legion–too many to count. No one in the industry will shed any tears over his departure now that Schnedierman has now been “exposed” (pun intended), hoist with his own petard. One example from the bombshell story: An ex-girlfriend (originally from Sri Lanka) told the New Yorker that Schneiderman, that paragon of ultra-liberal values, called her his “brown slave” and ordered him to call him “Master.” And if she didn’t? He slapped her, hard, until she did…
    Read More “Anti-Fossil Fuel NY Attorney General Eric Schneiderman Resigns!”

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    TransCanada Asks FERC to Expand Capacity on New England Pipe

    TransCanada is attempting to do what so far, no one else has been able to accomplish: Increase flows of Marcellus/Utica (and perhaps other basin) gas into New England. The way they’re doing it is via the Portland Natural Gas Transmission System (PNGTS), a 295-mile pipeline that spans New England from the Canadian border to pipeline connections in New Hampshire, Maine and Massachusetts. No, TransCanada is not proposing to build any new pipeline as part of their plan. In fact there is no construction of any kind for phases I and II in what TransCanada is calling its Portland XPress Project (PXP). Phase I, which TransCanada filed on April 20, asked FERC for permission to begin flowing an extra 39.8 million cubic feet (MMcf) of natural gas from Pittsburg, NH, to Westbrook, ME, and to increase the flow from and to Canada. In Phase II, which was filed yesterday, TransCanada asked FERC for permission to flow an extra 11.3 MMcf from Westbrook, ME, to Dracut, MA. When the filing for Phase III comes along, they will ask to build a new compressor station, among other bits and bobs. New England and Atlantic Canada desperately need the gas, so there’s no reason why FERC would deny these reasonable requests. Perhaps TransCanada can succeed where Kinder Morgan’s TGP Northeast Energy Direct and Spectra Energy’s Access Northeast projects failed, and boldly go where no pipeline has gone before…
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    WV DEP Lifts Block on Rover Pipeline Construction

    The vast majority of Rover Pipeline is done, and most of it is now up and running (see FERC Allows Rover Pipeline Startup in Michigan, Close to 100% Done). But there are a few spots here and there where small sections are still not complete. One of those is in West Virginia. In March, the WV Dept. of Environmental Protection (WVDEP) slapped Rover with a “cease and desist” order, stopping all construction of Rover in the state, because of inspections that found 14 violations of water pollution regulations (see WV DEP Orders Rover Pipe to Stop Construction for Violations). The violations occurred in Doddridge, Tyler and Wetzel counties. Violations ran the range of leaving trash behind at construction sites to improper perimeter controls (no erosion devices installed) to failure to clean up the roads they used. The good news is that last Wednesday, WVDEP told Rover they can now resume construction…
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    Sunoco’s ME1 Pipe Restarts, ME2 Pipe Pays Another $355K in Fines

    On March 3, the Mariner East 1 (ME1) natural gas liquids (NGL) pipeline was suddenly switched off by order of the Pennsylvania Public Utility Commission (PUC) after a sinkhole opened up under the pipeline in Chester County, exposing some of the bare steel to the open air (see PA PUC Shuts Down Mariner 1 Pipeline Due to Mariner 2 Sinkhole). Sunoco Logistics Partners, the owner of ME1, is building a new set of pipelines called Mariner East 2 (ME2) close to the existing ME1 pipeline. Construction work in the area on ME2 led to the sinkhole that exposed ME1. The PUC asked Sunoco to drill holes and pour concrete in them to firm up ME1, which Sunoco did (see PA PUC Asks Sunoco to Drill Holes, Pour Concrete to Firm Up ME1). A full two months after ordering ME1 turned off, costing Sunoco (and Range Resources) millions of dollars in lost revenue, the PUC told Sunoco they could restart ME1. As of today, propane and ethane have resumed flowing through ME1. But what The Almighty State grants with one hand, it takes away with the other. Although Sunoco paid a massive $12.6 million fine in February to the Dept. of Environmental Protection related to ME2 construction misadventures (see Sunoco LP Pays PA DEP $12.6M to Resume ME2 Pipeline Construction), yesterday the DEP assessed Sunoco *another* $355,622 penalty for more ME2 misadventures–what DEP calls “violations of the Clean Streams Law”…
    Read More “Sunoco’s ME1 Pipe Restarts, ME2 Pipe Pays Another $355K in Fines”

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    FERC Review of Risberg Pipeline in NE OH/NW PA Coming June 29

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    Last October MDN brought you details about the proposed $86 million Risberg Line pipeline project (see New 60-Mile Pipeline Proposed from NW Pa. to NE Ohio). The project will use approximately 32 miles of existing pipeline in an established Right of Way originating in the Meadville, PA area. Approximately 16 miles of new pipeline will be installed in Pennsylvania and approximately 12 miles of new pipeline will be installed in Ohio–meaning 28 miles of brand new “greenfield” pipeline needs to get built. Two school districts in Ohio where the pipeline will traverse agreed to reduce the amount of property tax the pipeline would need to pay by 75% over a 15-year period, a huge vote of confidence (see Update on Proposed 60-Mile Pipeline from NW Pa. to NE Ohio). We have an update on the project. On Tuesday, the Federal Energy Regulatory Commission (FERC) said it will issue an environmental assessment (EA) for the project on or by June 29th. Both the U.S. Army Corps of Engineers and the Pennsylvania Fish and Boat Commission are “cooperating agencies” and part of the EA review process. Following the EA, the clock will begin ticking and FERC will have until Sept. 27th to make a final decision about the project…
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    New Bills Limit PA DEP Permit Appeals, Reduce Enviro Judge Terms

    As we reported yesterday, Big Green radicals in Pennsylvania are grumpy that the PA House passed five bills meant to fix the dysfunctional PA Dept. of Environmental Protection (see PA House Passes 5 Bills to Fix Broken DEP, Environuts React). Conservative Republicans in the House continue to play offense (which we love). On Monday of this week, PA Sen. Camera Bartolotta (R-Washington) sent around a memo to fellow House members asking them to co-sponsor two new bills she plans introduce. The first bill will narrow the grounds on which a DEP-issued permit may be appealed. Antis love to file endless appeals of permits for drilling and pipelines, dragging out the process in hopes of eventually defeating a given project. The first bill will fix that. The second bill reduces the terms of sitting Environmental Hearing Board judges. If a judge has been on the bench for 10 or more years, their term will expire and they will not get a chance to continue. The second bill is aimed at draining the EHB swamp (pun intended). Both bills are common sense measures, and of course, Big Green radicals are already howling at the moon because of them…
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