Regulation

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    FERC Becomes Political as Seen in Rehearing Vote on NY Project

    Has someone “gotten” to FERC Commissioners Cheryl LaFleur and Richard Glick–told them, “You vote against these pipeline projects or you don’t have a future in the Democrat Party”? That’s the thought we increasingly have as we watch the two sitting Democrats on FERC repeatedly vote against projects that in some cases they previously voted to approve. What makes someone like LaFleur flip and change her vote on something that two years ago she was 100% on board with? Something has to explain it! Two and a half years ago LaFleur, then a member of FERC, voted to approve Dominion Energy’s $165 million New Market Project, a project that expands Dominion’s transmission pipeline from western New York across the state to the Capital Region of the state, near Albany (see FERC Approves Expansion of Dominion Pipeline in Upstate NY). The radical leftist group Otsego 2000 challenged the project, asking FERC to reconsider its approval, using mythical man-made global warming as a new criteria to reject the project. Last Friday the three Republicans FERC commissioners voted “no” to reconsider the New Market Project, but LaFleur and Chuck Schumer-appointed Richard Glick (both Dems) voted to reconsider, citing global warming concerns. Again, we wonder if someone has gotten to them. A sad day that FERC is longer a non-partisan group…
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    DEP Continues to Block Use of Brine on PA Dirt Roads

    Correction: PIOGA contacted MDN to let us know it is only brine from conventional (non-shale) wells that has been allowed to be spread on PA roadways–NOT brine from shale wells. Thanks to PIOGA for letting us know! We have tweaked the story below to reflect the change.

    One more way the Pennsylvania Dept. of Environmental Protection (DEP) is hassling both the PA conventional industry and local towns is via an ongoing embargo against the use of brine–water from the depths that comes out of drilled wells for months and years as the well is producing natural gas. Drillers need to dispose of the brine–it’s an expense. Brine is nothing more than very minerally water. It’s called brine because it’s “salty.” An ongoing beneficial deal was struck by drillers and local towns in years gone by. Towns need a source of water to spread on dirt roads during summer. Drillers have an overabundance of brine. So drillers have been giving their brine to towns, for free. The towns don’t have to pay to buy water, and drillers don’t have to pay to dispose of it. A real win/win. Except a rabid anti from Warren County (no doubt prompted and sponsored by Big Green groups) challenged the arrangement last summer. The challenge was against a DEP policy that allows shale brine to be used by towns. The matter went to the Environmental Hearing Board (EHB), a special court set up to hear appeals of DEP decisions. Out of the blue, the DEP slammed the door on allowing towns to use brine, supposedly waiting to see what the EHB decides. The EHB just decided–that the DEP was well within its rights to allow towns to use brine for road spreading. However, the DEP still refuses to lift the ban, using the excuse they’re reviewing the policy even though the EHB says it’s OK. Towns did not budget money to buy water for dirt roads, which they will now have to do. Thanks DEP! You’ve just hosed (pun intended) a number of towns in rural locations with your bureaucratic, rear-end covering excuses…
    Read More “DEP Continues to Block Use of Brine on PA Dirt Roads”

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    U.S. Fourth Circuit Court Vacates Key Permit for Atlantic Coast Pipe

    Disgusting and frustrating. That’s our reaction to a decision by the U.S. Fourth Circuit Court of Appeals that invalidates (vacates) a permit issued by the U.S. Fish and Wildlife Service that allows Dominion Energy’s Atlantic Coast Pipeline (ACP) to accidentally kill a few bats and bumble bees (classified as endangered) as it builds the massive $6.5 billion, 600-mile project from West Virginia to North Carolina. The Sierra Club, Defenders of Wildlife and Virginia Wilderness Committee (all radical left organizations) previously sued in federal court asking the court to stop work on ACP until the Federal Energy Regulatory Commission makes a decision on whether or not to “rehear” their decision to approve the project in the first place. In March, the court declined to stop work on ACP (see Fed Court Dismisses Anti Lawsuit to Stop Atlantic Coast Pipeline). However, as part of the effort to stop ACP, Sierra Club, et al also asked the court to invalidate a key permit by the U.S. Fish and Wildlife Service, which the court did do on Tuesday. Sierra Club is now demanding that the court revisit its decision about whether to stop all work on the pipeline. In the meantime, work does continue. Dominion says while it’s disappointed in the decision and will have to get a new, more specific permit from Fish and Wildlife, in the meantime they’ll continue construction in those (many) places not under the now-invalid permit. That is, most construction will continue. This does not really hamper the project. Not yet anyway. As long as the Fourth Circuit doesn’t shut it all down…
    Read More “U.S. Fourth Circuit Court Vacates Key Permit for Atlantic Coast Pipe”

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    Williams Refiles Application with NY DEC for Transco NESE Project

    In April MDN told you that the New York Dept. of Environment Conservation (DEC) had rejected a modest pipeline expansion proposal by Williams’ Transco Pipeline subsidiary (see Cuomo-Corrupted DEC Denies Permit for Williams NESE Pipe Project). The project, which we’ve previously written about and are actively promoting, is called the Northeast Supply Enhancement (NESE) project (see Time to Support Transco’s Northeast Supply Enhancement Project). NESE is meant to increase pipeline capacity and flows heading into northeastern markets. Transco wants to provide more Marcellus natural gas to utility giant National Grid beginning with the 2019-2020 heating season. National Grid operates in New York City, Long Island, Rhode Island and Massachusetts. There are a number of components to the project, but the key component, the heart of the project, is a new 23-mile pipeline from the shore of New Jersey into (on the bottom of) the Raritan Bay–running parallel to the existing Transco pipeline–before connecting to the Transco offshore. The DEC warned Williams that they would reject the application as incomplete unless/until FERC itself provides an environmental assessment of the project. That happened in March, but the DEC said it didn’t have enough time to review it and requested Williams refile (we’ve heard that one before). Given Cuomo is refusing to approve any new natural gas pipeline projects (see him say it point blank in this video), we’re not optimistic that the DEC will actually approve it this time either…
    Read More “Williams Refiles Application with NY DEC for Transco NESE Project”

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    FERC OKs Start of Bidirectional Flow on Transco/Atlantic Sunrise

    On Tuesday, the Federal Energy Regulatory Commission (FERC) granted Williams’ Transco Pipeline permission to reverse the flow along part of the pipeline to begin sending more Marcellus gas south. The order allows Transco to start up modified compressor stations in Maryland, Virginia and North Carolina, and to begin flowing an extra 150 million cubic feet per day (MMcf/d) of yummy Marcellus gas southward. Most of the time when we report on Atlantic Sunrise, we talk about the greenfield (brand new pipeline) being installed in 10 Pennsylvania counties. What’s often overlooked are other aspects of the project, like this one, that will kit out the Transco to flow 1.7 billion cubic feet per day of Marcellus gas to the south and to the Gulf Coast. The greenfield portion of the pipeline is due to be completed sometime soon–by “mid-2018.” This latest order allowing the startup of bidirectional flow along certain portions is an important part of the project…
    Read More “FERC OKs Start of Bidirectional Flow on Transco/Atlantic Sunrise”

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    DOE Sec. Perry Hints Trump May Overrule States Blocking Pipelines

    Is there a white knight that can ride in and save the day for pipelines being blocked by radicals like Andrew Cuomo in New York State? There may just be! Last week while testifying at a House Committee on Science, Space and Technology hearing, Dept. of Energy Secretary Rick Perry said that he believes states do not have the right to block interstate pipelines. Perry stopped short of saying that President Trump would consider issuing an Executive Order to approve projects like the Constitution Pipeline and Northern Access Pipeline projects in New York. But he did appear to hint at the possibility…
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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…
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    Short Pipeline from NW Pa. to NE Ohio May Not Get Done This Year

    Click for larger version

    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)…
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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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