Regulation

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    WV Farm Bureau Urges Legislature to Tread Carefully re Co-Tenancy

    In another MDN post today, we do a deep dive into West Virginia House Bill (HB) 4268, the “Co-tenancy Modernization and Majority Protection Act” (see WV Co-Tenancy, Royalty Transparency Bills Make Progress). One of the organizations closely watching the progress of that bill is the WV Farm Bureau, which lobbies for the best interests of mineral owners, farmers and rural residents. What does the Farm Bureau think of the bill so far? Last week, on the very day HB 4268 was introduced, Farm Bureau director of Governmental Affairs, Dwayne O’Dell, penned an editorial in which he lends tepid support for the bill, IF there are protections built in for landowners. O’Dell begins his editorial by stating he’s worried that WV legislators are, “allowing oil and gas developers to take private property rights unfettered.” That is, they are literally “giving away the farm.” O’Dell is favor of “providing oil and gas companies with a reasonable platform to succeed.” But not at the expense of his members. Here’s a big, fat caution flag being waved by the WV Farm Bureau with respect to the co-tenancy bill, along with a call for the legislature to revisit the issue of “at the well head” pricing…
    Read More “WV Farm Bureau Urges Legislature to Tread Carefully re Co-Tenancy”

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    OH Orphan Well Bill Wins Praise from Both Drillers & Enviros

    Pennsylvania state officials estimate there are as many as 200,000 abandoned (i.e. “orphan”) oil and gas wells in the state–the vast majority of them conventional wells drilled over 50 years ago. Most of them are not mapped or known. Some of them are hazards for shale drillers who stumble across them when drilling new wells. If you drill horizontally and clip an old/abandoned well, it becomes like an elevator pumping fluids and gas to the surface. Not good. Everyone is committed to finding and marking and capping these old wells–the question is, how do you pay for it? In PA, it’s an ongoing hot potato of who will pay (see Who Pays for Abandoned O&G Wells in PA?). Ohio has it a whole lot easier. There’s only an estimated 600 orphan wells in the Buckeye State. The issue of who will pay in Ohio is moot–the state itself pays for it (meaning Ohio taxpayers 2/4/18 correction: The funds come from the Oil and Gas Well fund which oil and gas producers pay into from the severance tax. Our thanks to OOGA for sending along that correction!). A new bill in Ohio just passed the legislature, House Bill 225, which triples the amount of money set aside to cap orphan wells. The bill also “creates a more streamlined and efficient process for identifying and plugging” orphan wells. The amazing thing about the bill is this: both Big Green groups and the drilling industry support it! When was the last time you heard of that happening?! Here’s more about HB 225, the bill everybody loves in Ohio. Who wouldn’t love a bill to help the orphans?…
    Read More “OH Orphan Well Bill Wins Praise from Both Drillers & Enviros”

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    PA Gov Wolf Floats Plan to Fix DEP Slow Drilling Permits: Hike Fees

    As part of the Pennsylvania Senate’s misguided and mangled budget bill last year, Republicans managed to slip in fixes to the state Dept. of Environmental Protection’s (DEP) chronic delays in issuing permits related to shale drilling (see PA Senate’s “Olive Branch” of “Relaxed Regulations” for Drillers). Unfortunately the fixes came out before the final budget passed. Problems remain for Marcellus drillers. Delays are long in the Keystone State when it comes to permits for shale wells. The problems NEED to get fixed, now. House Republicans recently introduced a series of five different bills to help address DEP’s chronic delays (see PA House Advances “Fix DEP & Other Agencies” Plan with 5 Bills). No doubt feeling the pressure from the legislature, PA Gov. Tom Wolf on Friday introduced his own plan. Whereas the plan floated by legislators would allow third parties to assist with the backlog, Wolf’s plan is different. In a nutshell, Wolf wants to allocate more money to the DEP so they can hire more help–not third parties. Yeah, that’s the answer! More government. (Yes, we’re being sarcastic.) And what magic pocket will Wolf pull the money from to pay for an increase in head count at DEP, especially since Wolf can’t balance a budget to save his life? Why, from the pockets of the shale industry, of course. Wolf proposes boosting the $5,000 fee drillers now pay when filing to drill a new shale well to $12,500–a 250% (2.5x) increase. You want that permit on time for a change? It’ll cost you, buddy…
    Read More “PA Gov Wolf Floats Plan to Fix DEP Slow Drilling Permits: Hike Fees”

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    After Months of Delay, Atlantic Coast Pipe Gets NC Water Permit

    Atlantic Coast Pipeline path through North Carolina – click for larger version

    On Friday, the North Carolina Department of Environmental Quality (DEQ) issued a federal stream/water crossing permit for Dominion’s $5 billion Atlantic Coast Pipeline (ACP)–a natural gas pipeline that will stretch from West Virginia through Virginia and slice through the midsection of North Carolina, almost to the border with South Carolina. The permit comes more than a year and a half after Dominion and their partners filed an application for it. It is the final “biggie” permit required to construct the project in NC. The Federal Energy Regulatory Commission (FERC) approved ACP last October (see FERC Approves Atlantic Coast, Mountain Valley Pipeline Projects). West Virginia previously issued a water crossing permit for the project, and Virginia recently granted a conditional approval for its water crossing permit. NC was the last domino to fall, and now it has. However, the project is still not out of the woods in NC just yet. First, the DEQ attached all sorts of extra requirements to the water permit they issued. Second, even though a water/stream crossing permit is the biggest and most important permit, NC continues to delay the project by withholding other permits (see NC Continues to Delay Atlantic Coast Pipe, Rejects Part of Erosion Plan). Friday’s water permit issuance was, however, a very positive development–a signal that the rest of the permits although delayed, will be forthcoming. Dominion said it will begin construction in NC (and VA and WV) this year, and finish the project sometime in 2019…
    Read More “After Months of Delay, Atlantic Coast Pipe Gets NC Water Permit”

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    Canada Rejects Discounted Rates for U.S. Shale Gas to New Brunswick

    Maritimes and Northeast Pipeline map – click for larger version

    The Maritimes and Northeast Pipeline (M&NP) runs from Goldboro, Nova Scotia through Nova Scotia and New Brunswick to the Canadian – U.S. border near Baileyville, Maine. The pipeline continues through Maine and New Hampshire into Massachusetts where it connects with the existing North American pipeline grid at Dracut, Massachusetts. It used to be that offshore natural gas from Nova Scotia fed the pipeline, which ran from north to south. But those offshore fields are running low, and the Marcellus/Utica appeared. These days the M&NP runs from south to north–at least part of the system does. One of M&NP’s big customers is Irving Oil, with a refinery and cogeneration (natgas-fired) power plant in Saint John, New Brunswick. Irving is an M&NP customer. However, another pipeline company offered to build a new pipeline to feed Irving Oil’s operations with natural gas, at discount. M&NP said that’s crazy. They want to keep Irving as a customer, so they cut a deal with Irving to import natural gas from the U.S. (in all likelihood, Marcellus/Utica gas), flowing the gas from the Maine border to St. John and Irving’s operation there. The only thing standing in the way is the Canadian National Energy Board (NEB)–which is kind of like our own Federal Energy Regulatory Commission (FERC). The deal offered by M&NP requires NEB approval because it lowers the toll (fee charged) and changes directions to import/flow U.S. gas to Irving. Last week the NEB rejected M&NP’s plan, saying the plan is “premature” because the Maritimes region is facing a period of uncertainty. It is not clear (to the NEB) where natural gas will ultimately come from, and what the market actually needs. Offshore? Canadian fields? Import from U.S.? It’s not yet clear how it will all shake out. So the NEB turned down M&NP’s request. What happens now?…
    Read More “Canada Rejects Discounted Rates for U.S. Shale Gas to New Brunswick”

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    Swamp Fights Back: NRDC Gears Up to File Multiple Lawsuits vs EPA

    Big Green leftists HATED President Richard Nixon (frankly, they hate any/every Republican before and since). They hated Nixon even though he created the Environmental Protection Agency (EPA). Did you know that Nixon created the EPA? And now the EPA’s first-ever Secretary, William Ruckelshaus (a card-carrying member of the swamp dweller’s club) is criticizing current EPA Sec. Scott Pruitt for returning the EPA to its roots–to clean up superfund sites and target polluters. Pruitt has pledged to roll back EPA’s cancerous expansion under Obama, with its wild attempt to regulate anything and everything under the excuse of trying to prevent man-made global warming. Why are we not surprised that a has-been like Ruckelshaus is criticizing Pruitt? Ruckelshaus isn’t the only swamp dweller who hates Pruitt (and yes, hate is the accurate word to use). The National Resources Defense Council (NRDC), one of the worst of the worst so-called environmental groups, recently said it is gearing up to launch dozens (!) of lawsuits against the EPA and Pruitt. NRDC is part of the Washington, D.C. swamp. It seems the swamp doesn’t like getting drained and is fighting back. That’s OK. President Trump loves a good fight. It’s about time somebody took the fight to unelected, Big Government-loving nongovernmental organizations like NRDC. Rather than taking something away, Trump and Pruitt are trying to return the EPA to its original mandate. Make no mistake. At it’s core this is a fight about fossil fuels. Big Green disastrously wants to kill the use of fossil fuels–NOW. Here’ a look at how the swamp is fighting back against Trump’s efforts to drain it…
    Read More “Swamp Fights Back: NRDC Gears Up to File Multiple Lawsuits vs EPA”

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    PHMSA Issues Notice of Probable Violation to ME2 Pipeline in Ohio

    In early January, the Pennsylvania Dept. of Environmental Protection (DEP) told Sunoco Logistics Partners to suspend all work on the $2.5 billion Mariner East 2 (ME2) NGL pipline–from one side of the state to the other (see PA DEP Caves to Big Green Pressure, Stops All Work on ME2 Pipeline). No further digging of trenches, and no more underground horizontal directional drilling (HDD) work can be done “until Sunoco can demonstrate that the permit conditions can and will be followed.” The concern is that ME2 work is violating multiple permits, regulations and court-ordered restrictions. However, not ALL work was stopped. As we learned a week later, the DEP does not control and regulate everything–only the parts where dirt is moved (see Work on Mariner East 2 Continues Following “Stop Work” Order). There’s still work being done, like welding pieces of pipeline together, even today. Often overlooked in the ME2 project is the small part of the pipeline that crosses the border into Ohio. The PA DEP’s stop work order (and regulatory authority) does not extend there. The pipeline in Ohio is regulated by the federal Pipeline and Hazardous Materials Safety Administration (PHMSA). Just coming to light now is a “Notice of Probable Violation” for ME2 in Ohio, issued by PHMSA on Jan. 11th. A PHMSA inspector noticed scrapes, coating damage and a “gouge” that extended into the pipe wall. Chance are none of it makes a hill of beans worth of difference. However, given the pipeline will flow “flammable” natural gas liquids (primarily ethane and propane), anything but a 100% standard of perfection gives antis an excuse to call for a halt to the project, both in Ohio and in PA, which they’re doing…
    Read More “PHMSA Issues Notice of Probable Violation to ME2 Pipeline in Ohio”

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    Analysts Speculate Rover Pipe Will be Delayed Following FERC Order

    Yesterday MDN brought you the news that the Federal Energy Regulatory Commission (FERC) has slapped a stop work order on underground horizontal direction drilling (HDD) for Rover Pipeline at the site crossing under the Tuscarawas River (see FERC Stops Rover Drilling Near River After 200K Gal Mud Disappears). There is tough geography in that area. In April 2017, Rover lost approximately 2 million gallons of nontoxic drilling mud at that location, mud which leaked out of the hole and onto the ground (see Rover Pipeline Accident Spills ~2M Gal. Drilling Mud in OH Swamp). That accident caused a shutdown of all Rover HDD work in Ohio. Work eventually resumed (last year). Work at the Tuscarawas location didn’t resume until last December (see FERC Gives Rover OK to Resume All HDD Work, Incl. Tuscarawas River). But now Rover has lost another ~200,000 gallons of drilling mud in the Tuscarawas borehole. Hence the FERC order. Energy Transfer Partners, the builder of Rover, maintains the entire Rover project will be completed by the end of March. Given the new stop work order with no apparent resolution in sight for how ET plans to overcome the problems at Tuscarawas, industry analysts are now speculating that Rover will not be done by the end of March, as advertised…
    Read More “Analysts Speculate Rover Pipe Will be Delayed Following FERC Order”

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    PA DEP, DCNR on Hot Seat to Defend Budget Surpluses

    Last September, amidst a heated state budget battle in Pennsylvania (where the phrase “severance tax” was on the lips of every Democrat and RINO in Harrisburg), a group of PA House Republicans did the hard work Gov. Tom Wolf and his cronies in the legislature refused to do: They figured out how to fund a wildly overspent budget without raising a single tax (see PA House Introduces Balanced Budget with NO Severance Tax). How did House Republicans do it? They looked at state agencies hording money, with a plan to relieve them of their surplus. When Republicans went looking, they found even the Dept. of Conservation and Natural Resources (DCNR) and Dept. of Environmental Protection (DEP) have been squirreling money away, unused in some of their programs. The House Republican plan from last September was not adopted, but elements of it were included in the final budget. The final budget, passed in October, instructs Gov. Wolf to reallocate $300 million from surpluses at various state agencies–from the agencies of his own choosing–as part of the “funding” for this year’s budget. The House Appropriations Committee held a meeting yesterday to question DCNR Sec. Cindy Dunn and DEP Sec. Pat McDonnell about the use and operation of special funds under their purview–to see if there’s a bit of surplus there that can be used for the state budget. Here’s how it went…
    Read More “PA DEP, DCNR on Hot Seat to Defend Budget Surpluses”

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    SWPA Antis Breathe New Life into Old Zoning Lawsuit

    In November 2015 MDN reported on a zoning court case in Westmoreland County, PA (see 3 Western PA Antis Weigh Appeal of Court Ruling in Zoning Case). Three ladies brought a lawsuit against Allegheny Township because the town approved a permit for CNX Gas–to drill a well on a farm owned by John and Anne Slike. Since the farm is about 1,200 feet from where the ladies live, they objected. The legal argument is interesting. They use the Robinson case decision (Act 13) which ruled that towns have the right to limit/restrict drilling based on zoning ordinances–as long as there’s at least one zone where drilling can take place. The problem (for antis) is that sometimes towns decide the other way–to allow drilling in any zone with a special use permit. The door swings just one way for antis–no drilling. At any rate, we thought the case was long over with. But it’s not. The ladies and their fractivist lawyer appealed. The case is now in Commonwealth Court and, according to an article, because of a recent PA Supreme Court decision, new life has been breathed into the case. The antis are celebrating…
    Read More “SWPA Antis Breathe New Life into Old Zoning Lawsuit”

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    Low Turnout for Philly DRBC Frack Ban Hearing, Antis Dominate

    Philadelphia is the sixth most populous city in the United States, with over 1.5 million residents. And yet *maybe* 120 people turned out yesterday for a Delaware River Basin Commission (DRBC) hearing on their proposed plan to permanently ban fracking in the Delaware River Basin. A pair of hearings were held earlier this week in rural northeast PA–in Waymart–where the turnout was upward of 150 people! Judging from the wild claims by green groups like THE Delaware Riverkeeper that thousands (millions!) of people don’t want fracking in the river basin, you’d think more than maybe 120 people would turn up for a hearing in a city like Philly. Could it be not all that many people in southeast PA give a hoot about fracking in two northeastern PA counties? That thought crossed our minds as we read the accounts of those who showed up at yesterday’s meetings in Philly. Yes, antis outnumbered those in favor of fracking, but that’s to be expected in Philly. Here’s a recap of yesterday’s meetings…
    Read More “Low Turnout for Philly DRBC Frack Ban Hearing, Antis Dominate”

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    FERC Stops Rover Drilling Near River After 200K Gal Mud Disappears

    The Ohio EPA continues its yapping insistence that the Federal Energy Regulatory Commission (FERC) *permanently* shut down underground horizontal directional drilling (HDD) work being done by Rover Pipeline near the Tuscarawas River over concerns that nontoxic (totally safe) drilling mud keeps disappearing down the borehole. FERC listened, sort of. In an order dated yesterday, FERC told Rover to *temporarily* stop HDD work at Tuscarawas until Rover can outline a plan for moving forward that FERC has confidence will address concerns over the disappearing drilling mud. When mud used for drilling holes comes out on the surface any place other than the hole from which it went down, it’s called an “inadvertent return.” We call it a leak. However, if that same mud never comes back to the surface, as sometimes happens, it’s fine. Except when it’s a LOT of mud, as is the case in drilling near Tuscarawas where a cumulative 200,000 gallons of it have disappeared down hole, not (so far) coming back out. Sooner or later it seems likely that at least some of that mud will come back to the surface–somewhere. That’s the concern that no doubt prompted FERC to send Rover a letter yesterday telling them to (for now) stop HDD work at Tuscarawas…
    Read More “FERC Stops Rover Drilling Near River After 200K Gal Mud Disappears”

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    Riverkeeper Gears Up to Fight PennEast in Court via FERC Requests

    That didn’t take long. We knew it wouldn’t. Last Friday the Federal Energy Regulatory Commission (FERC) gave its full, final approval for the PennEast Pipeline project, a $1 billion, 120-mile primarily 36-inch natural gas pipeline that will stretch from Dallas (Luzerne County), PA to Transco’s pipeline interconnection near Pennington (Mercer County), NJ. (see FERC Grants Final Approval for PennEast Pipe – Real Battle Begins). Yesterday THE Delaware Riverkeeper, a radicalized Big Green group, filed two requests with FERC: (1) a motion to “rehear” (i.e. reconsider) their decision to approve PennEast, and (2) a motion to block any construction on PennEast until the motion to rehear has been decided. As Riverkeeper plainly states on their website, “A Rehearing Request must be submitted and denied before a legal challenge in court can be pursued.” A court challenge is, of course, the strategy. Asking FERC to rehear the decision is nothing more than going through the motions, jumping through the necessary hoops. A huge side benefit for Riverkeeper with FERC’s decision to approve PennEast is that the opposition to the project can be leveraged as a big fundraiser for Riverkeeper: “Help us stop the big, bad pipeline. Donate here!” Below is Riverkeeper’s press release (i.e. fundraiser) about their plan to challenge FERC approval, along with their FERC filings from yesterday…
    Read More “Riverkeeper Gears Up to Fight PennEast in Court via FERC Requests”

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    Mountain Valley Pipe Gets FERC Approval to Begin WV Construction

    MVP Map – click for larger version

    Mountain Valley Pipeline (MVP)–a $3.5 billion, 301-mile pipeline that will run from Wetzel County, WV to the Transco Pipeline in Pittsylvania County, VA, has just received permission from the Federal Energy Regulatory Commission (FERC) to begin tree clearing and construction of access roads and construction yards in five West Virginia counties–Wetzel, Harrison, Doddridge, Lewis and Braxton counties. The work will be allowed only where MVP has already obtained leases from landowners. This is the first actual construction to be authorized for the project, a milestone! MVP was approved last October (see FERC Approves Atlantic Coast, Mountain Valley Pipeline Projects). However, five national anti-fossil fuel groups filed a lawsuit two weeks ago to try and stop the project (see 5 Radical Green Groups Sue to Stop Mountain Valley Pipeline). Let ’em try! Here’s the great news that even as you read this, it’s quite likely the chainsaws are up and running…
    Read More “Mountain Valley Pipe Gets FERC Approval to Begin WV Construction”

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    Recap from First Hearings Held on Proposed DRBC Frack Ban

    Yesterday saw the first two of six public hearings held by the Delaware River Basin Commission (DRBC) on their plan to permanently ban fracking in the Delaware River Basin. The hearings were held in Waymart (Wayne County), PA. The DRBC frack ban would essentially ban shale drilling in two northeastern PA counties: Wayne and Pike. Landowners there have been battling the DRBC going on 10 years. At first it was a temporary ban (like New York’s). Now it has metastasized into a full blow permanent ban–if DRBC gets its way. Below we have two reports–one from mainstream media, the other from MDN friend Tom Shepstone, who hilariously was called “Crapstone” by an anti addressing one of the hearings. You know you’re being effective when they start calling you silly names! Tom said it was landowners versus special interest group groupies at both hearings. Here’s an update on what happened…
    Read More “Recap from First Hearings Held on Proposed DRBC Frack Ban”

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    Big Green Files Lawsuit Against VA Regulators for Approving Pipe

    In December members of Virginia’s Water Control Board voted 4-3 to approve issuing a water permit/certification for the Atlantic Coast Pipeline (ACP) project (see Atlantic Coast Pipeline Delayed in Virginia by Water Board Vote). ACP is a $5 billion natural gas pipeline project from West Virginia through Virginia and into North Carolina being built by Dominion Energy and Duke Energy. The Water Board’s approval was conditional, the condition being that approval “is dependent on a final review of several environmental studies.” Those studies won’t be done until March or April of this year, meaning in all likelihood the project will be delayed. You would think Big Green groups would have rejoiced at the Water Control Board’s decision, effectively delaying the project. But they didn’t. Instead, a coalition of groups filed a lawsuit late last week against the Water Control Board–for doing their jobs. The groups claim the Water Control Board and the Virginia Dept. of Environmental Quality (DEQ) have not done a good enough job of protecting Virginia’s water resources with respect to the ACP project…
    Read More “Big Green Files Lawsuit Against VA Regulators for Approving Pipe”