Regulation

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    Penn Twp Ninny Nannies File Lawsuit to Block Apex, H&H Wells

    A group of ninny nannies calling themselves Protect PT (Penn Township, Westmoreland County), 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. We first alerted you to the lawsuit in October, when we were only aware of Apex being in the group’s sights (see Judge to Rule on Apex Energy Well Drilling in Westmoreland County). Since then, we’ve learned that the partial injunction blocking well drilling not only bars Apex drilling wells, but H&H as well. Gillian Graber, Executive Director of Protect PT, fibbed when she said, “We’re not saying don’t frack in Penn Township or ban fracking. We never took that position. We disagreed with where [the drilling companies] put it.” We think that’s BS–Barbara Streisand. They want all drilling stopped period. That’s the aim of the lawsuit. Below is a somewhat biased article, but useful nonetheless, with insight into the legal tactics (bastardizations) being used by Protect PT’s PennFuture lawyers, hoping to overturn settled Act 13 law. We also have a copy of a brief filed by H&H, pushing back against this latest assault on Marcellus drilling in southwestern PA…
    Read More “Penn Twp Ninny Nannies File Lawsuit to Block Apex, H&H Wells”

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    Little Green Takes 1st Step in Suing to Block Atlantic Coast Pipe

    No doubt being advised and funded by national Big Green groups, a group of backbencher local green groups (Little Green) have taken the first step in what will no doubt turn into a lawsuit to try and stop the Atlantic Coast Pipeline project from getting built. The Federal Energy Regulatory Commission (FERC) approved Atlantic Coast, a $5 billion, 594-mile natural gas pipeline that will stretch from West Virginia through Virginia and into North Carolina, in October (see FERC Approves Atlantic Coast, Mountain Valley Pipeline Projects). A group of 21 backbencher local green groups located in VA and NC filed a petition with FERC on Monday, asking the agency to “rehear” (reconsider) it’s approval of the project. Among the claims made by the backbenchers: “Federal regulators cut corners, ignored environmental injustice and climate destruction, and usurped state authority in approving construction,” according to NC Warn, one of the backbenchers. Of course all of this is political theater. Grandstanding. Showboating. They don’t really believe FERC will change it’s mind. What happens next is FERC will tell the backbenchers they’re full of beans and to go away, and then the backbenchers can legally file a lawsuit with the Federal Court of Appeals (preferably with the liberal DC Circuit). Filing a petition for a rehearing with FERC is Step #1. Federal lawsuit is Step #2. Below is news about the petition, a copy of the 40-page petition, and a press release from one of the backbencher groups…
    Read More “Little Green Takes 1st Step in Suing to Block Atlantic Coast Pipe”

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    FERC Commissioner Powelson Uncensored: New England Trouble Ahead

    We love Rob Powelson, newly-minted Federal Energy Regulatory Commission member appointed by President Trump. Before joining FERC, Powelson was a member of the Pennsylvania Public Utility Commission. We love him because he speaks his mind. Although he’s circumspect about what he says, Powelson still finds a way to get in those zingers. You never have to wonder what he thinks. For example, in March of this year (before joining FERC), Powelson said this: “The jihad has begun…At the Federal Energy Regulatory Commission groups actually show up at commissioners’ homes to make sure we don’t get this gas to market. How irresponsible is that?” (see Potential FERC Com. Powleson Calls Anti-Fossil Fuelers “Jihadists”). Yes! He called eco-jihadists, “jihadists,” which of course sent the left into a tailspin. He later had to walk back that comment (see Powelson Under Fire for Calling Enviro Jihadists, “Jihadists”). At a conference last week, Powelson was at it again. We call it being uncensored–and that’s a good thing. Powelson said that Cove Point LNG is now up and running, as of Nov. 1st. He also had some choice comments about New England’s abysmal electric situation and New York’s obtuse opposition to shale gas…
    Read More “FERC Commissioner Powelson Uncensored: New England Trouble Ahead”

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    Indians & Hippies Couldn’t Stop Connecticut Expansion Pipeline

    In March 2016, the Federal Energy Regulatory Commission (FERC) approved Tennessee Gas Pipeline’s (TGP) Connecticut Expansion project (see FERC Approves TGP Connecticut Expansion Pipeline Project). The project includes building 13.42 miles of new pipeline loops in three states: Connecticut, Massachusetts and New York. When completed, the new looping will serve an additional 72.1 million cubic feet per day of (mostly) Marcellus Shale gas to three utility companies in Connecticut. The $86 million project is in no way connected to TGP’s now-dead Northeast Energy Direct (NED) pipeline project. However, antis continued to pitch a fit and try to block the project. A local Indian tribe in Massachusetts threatened to sue, accusing FERC of violating the National Historic Preservation Act by not protecting “ceremonial stone landscapes” supposedly found along the path of the pipeline (see Indian Tribe Fights FERC Over Tiny Pipeline in Mass.). After that, a group of old hippies got themselves arrested in Massachusetts for blocking construction of a 2-mile section of the pipeline through a state forest (see Bunch of Old Hippies Arrested in Mass. for Blocking Pipeline Work). We postulated at the time that maybe if underground pipelines flowed marijuana instead of fossil fuels, they’d feel differently about them. At any rate, neither the Indians nor the hippies could stop it. Yesterday FERC gave Kinder Morgan’s Tennessee Gas Pipeline subsidiary permission to flip the switch and turn on the expanded pipeline…
    Read More “Indians & Hippies Couldn’t Stop Connecticut Expansion Pipeline”

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    Anti-NEXUS Referendum in Bowling Green, OH Defeated by Huge Margin

    When we notice municipal referendums and ballot measures related to blocking shale drilling and pipelines, we always highlight them. Such a ballot measure appeared on the ballot in Bowling Green (Wood County), OH on Tuesday. We honestly were not aware of it prior to reading an article in the Toledo Blade. The ballot measure called for a ban on pipelines that flow natural gas and other fossil fuels over city-owned property. It’s aim is to prevent NEXUS Pipeline from building nearby. Antis got enough signatures for this glittering jewel to appear on the November ballot. And how did the good people of Bowling Green vote? They saw right through this one–voting it DOWN by a huge margin: 61%-39%. That’s a blowout, politically. But you know antis. Nothing, including the truth, will ever change their minds. The Bowling Green ballot measure was the work of out-of-towners–the Community Environmental Legal Defense Fund (CELDF)–about whom we’ve written plenty (see our CELDF stories here). CELDF, based in Pennsylvania, targets towns with sufficiently large pockets of nutters who will sign on to their garbage. As they usually have to do, the CELDF needed to ramrod the Bowling Green ballot measure through a lengthy legal process, eventually getting permission from the Ohio Supreme Court before it could appear on the November ballot. How did the nutters take such a humiliating defeat? CELDF-hired lawyer Terry Lodge (from Toledo), pledged to bring the ballot measure back again and again in future, wasting taxpayers’ money…
    Read More “Anti-NEXUS Referendum in Bowling Green, OH Defeated by Huge Margin”

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    St. Louis Pipeline to Flow M-U Gas Gets Favorable FERC Review

    In February 2016, MDN told you about Laclede Group, a St. Louis-based natural gas utility, with plans to build a ~60-mile pipeline from St. Louis through southwest Illinois and connect to the Rockies Express (REX) and Panhandle Eastern Pipeline (see New Midwest Pipeline to Tap REX’s Marcellus/Utica Gas). The new pipeline would bring low-cost Marcellus and Utica Shale gas from REX (now-reversed) to the utility–not only for resale to gas customers, but also potentially for new natgas-powered electric plants planned to replace retiring coal-fired plants. A year later Laclede renamed itself Spire, and the company filed an official application with the Federal Energy Regulatory Commission (FERC) to build the Spire STL Pipeline (see Spire Files Plan with FERC to Flow Marcellus/Utica Gas to St. Louis). In September FERC issued a favorable environmental assessment (EA) for the project (see a copy below). Although the project has been around for the past year and a half, radical anti-fossil fuelers are just now marshaling their efforts to try and block it. Here’s an update on FERC’s approval, and the efforts under way to try and stop the project…
    Read More “St. Louis Pipeline to Flow M-U Gas Gets Favorable FERC Review”

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    Massachusetts Backdoor Pipeline Ban Sailing Thru Legislature

    One of the way pipeline companies afford to invest billions of dollars to build pipelines is via long-term contracts from would-be users of that pipeline. In Massachusetts, Spectra Energy (now a part of Enbridge) brokered deals with utility companies to provide them with cheap, clean-burning Marcellus/Utica natural gas. In order for those utilities to afford it, they would need to pass along some of the cost of building the pipeline to reach them. Wait, what? Electric customers would have to pay for a natural gas pipeline? Well, yes! Because the new, cheaper gas would produce electricity at a lower cost, thereby lowering their monthly electric bills. They benefit, directly, from such a pipeline. However, radical leftists took that arrangement to court and in August 2016 the Massachusetts Supreme Judicial Court ruled utilities could not pass along costs for pipelines to electric customers (see MA Supreme Court Ruling Endangers New England Gas Pipelines). For a variety of reasons, with that decision being one of the biggest, Spectra/Enbridge later decided to mothball plans for their pipeline project, in June of this year (see Enbridge Withdraws $3B Access Northeast Pipeline Application). The Massachusetts legislature is full of lefties, and they don’t want to leave anything to chance–that maybe in the future such a deal will come around again. So a pair of bills are now sailing through the legislature will make it permanently illegal for utilities to pass along the cost of pipelines to electricity customers. In essence, it’s a backdoor move to ban any more pipelines from getting built in the Bay State…
    Read More “Massachusetts Backdoor Pipeline Ban Sailing Thru Legislature”

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    Plum, PA Officials Hold Hearing on New Restrictions for Fracking

    Nearly a month ago, local officials in Plum, PA (Allegheny County) approved a plan by Huntley & Huntley (H&H) to drill a series of Marcellus wells in their municipality (see Plum, PA Gives Huntley & Huntley Green Light for Shale Drilling). At that time, we told you about H&H plans to begin constructing a well pad in Plum in November (see Huntley & Huntley Starts Shale Drilling in Plum, PA Next Month). Plum’s leaders faced stiff opposition from some residents over their decision to conditionally approve H&H’s request. In Plum, fracking is allowed in any zone if a conditional use is granted. That’s what happened last month–the Plum Council issued a conditional use exception for H&H to drill on 92 acres near Coxcomb Hill Road in Plum. Fearing more requests will come from H&H, Plum officials have floated a proposed change to zoning ordinances (ordinances which haven’t been updated since 1993). The new change would only allow fracking in rural residential and industrial zones. H&H says the change is too restrictive. Some antis think it doesn’t go far enough. Last night Plum held a hearing about the proposed changes, with some 100 people showing up. According to press accounts, the crowd was about evenly split, for and against the proposed zoning changes. Here’s how it went down…
    Read More “Plum, PA Officials Hold Hearing on New Restrictions for Fracking”

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    DC Court Forces “Emergency Stop” of Atlantic Sunrise Pipeline Work

    The arrogance of Big Green was on full display yesterday as they rushed to stop the Atlantic Sunrise Pipeline project project and silence lawfully permitted work. In response to a lawsuit filed by the worst of the worst (the Sierra Club) on Oct. 30th, a liberal court in the District of Columbia yesterday slapped the Atlantic Sunrise project with an emergency stop work order–for the entire project. Work had already begun to lay pipe on the property of Catholic nuns in Lancaster County, PA. The nuns call themselves Adorers of the Blood of Christ. We call them Sisters of the Corn (you can read why here). The Sisters have allowed themselves to be used to oppose the Atlantic Sunrise project by a radical professor from Lancaster County, Mark Clatterbuck, someone who engaged in the North Dakota Access Pipeline protests (protests that turned violent). Clatterbuck enlisted the help of his Big Green buddies in the Sierra Club to try and litigate to stop the federally and legally approved project last week (see Sierra Club Asks Fed Court to Stop Atlantic Sunrise Construction). Yesterday we told you that Williams, the builder, was building at the site of the Sisters first because of the involvement of Clattberbuck and Big Green interference–get the hard part done first (see First Atlantic Sunrise Pipe Gets Buried on Nun Property). We were grinning that pipeline on the Sisters’ property would be the first to be laid and buried in the ground, likely done this week. Today the grin is wiped off our face, we must confess. It’s so sad to see egregious abuses of our legal system like this. We expect the stop work order for the project will be temporary–perhaps a few weeks. But one never knows. The DC Circuit Court of Appeals is looking at the question of whether the Federal Energy Regulatory Commission was correct in approving the project in the first place last February…
    Read More “DC Court Forces “Emergency Stop” of Atlantic Sunrise Pipeline Work”

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    Landowner Fight to Overturn DRBC Frack Ban Goes to Fed Court Today

    The lawsuit filed by a Wayne County, PA landowner against the egregious overreach by the Delaware River Basin Commission (DRBC) to stall/delay/block any shale drilling within the Basin takes a very important step forward today. It’s a step feared by the DRBC and radical groups like THE Delaware Riverkeeper–because this case has the real potential to neuter the DRBC’s claim it can block shale drilling in the watershed. In March, MDN reported that U.S. District Judge Robert Mariani ruled against the Wayne Land and Mineral Group in a lawsuit that challenged the right of the DRBC to stop fracking in the Delaware River Basin (see Judge Tosses Wayne County, PA Landowner Lawsuit Against DRBC). At first blush it may seem like a setback for landowners in Wayne and Pike Counties (in PA) who have been denied the right to lease and allow drilling under their land for the past 10+ years. But looks can be deceiving. As we pointed out in our article, if you read the judge’s decision, he harpoons all of the DRBC’s legal arguments, but in the end rules against the landowner. Why? Because the judge wanted to send the case to a higher court for an ultimate decision–the 3rd Circuit Court of Appeals. In June, the Wayne Land and Mineral Group filed their brief with the 3rd Circuit (see Wayne County Landowner Files Brief in Case Against DRBC Frack Ban). Today, oral arguments will be heard in what we sincerely hope is the beginning of the end of the DRBC’s illegal frack ban…
    Read More “Landowner Fight to Overturn DRBC Frack Ban Goes to Fed Court Today”

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    Driller of 1st Illinois Shale Well Says No Thanks, Too Many Regs

    In June, MDN brought you the news that the very first application to drill a shale well in Illinois had been made (see Application Filed to Drill/Frack 1st Shale Well in Illinois). Woolsey Operating Co., headquartered in Kansas, filed a high volume horizontal hydraulic fracturing (HVHHF) application with the Illinois Dept. of Natural Resources (IDNR) to drill a well in the New Albany Shale layer in the state. On August 31st the IDNR issued the permit. Why is fracking in Illinois of interest for MDN readers? A significant portion of our natural gas shale production is already flowing to the Midwest via the Rockies Express (REX) pipeline, Rover Pipeline, and when it gets built, the NEXUS Pipeline. While a single shale well in Illinois is no competitive threat to our region, if the well proves a commercial success and more wells follow, we may get some competition. Hence our interest in this story. However, it looks like there’s no reason to be worried. When IDNR issued their permit for the well, they larded it up with so many regulations and conditions, Woolsey has said (our words), “No thanks, you can keep it.” Last week Woolsey sent a letter to IDNR asking to be “immediately released” and for the permit to be withdrawn…
    Read More “Driller of 1st Illinois Shale Well Says No Thanks, Too Many Regs”

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    Enervest Pushes for Co-Tenancy in West Virginia

    In August MDN told you the West Virginia Oil & Natural Gas Association (WVONGA) plans to push, once again, for what MDN calls forced pooling lite in the next session of the legislature scheduled for early 2018 (see WVONGA Makes Plans to Push Forced Pooling Lite in 2018). Forced pooling legislation in West Virginia has been put forward five times in the past seven years–and each time it has failed to win enough votes in the WV legislature. This year, WVONGA changed tactics and renamed forced pooling as co-tenancy and joint development (see WV Won’t Push Forced Pooling, Will Push Joint Dev. & Co-Tenancy). The West Virginia Surface Owners Rights Organization refers to co-tenancy as “majority rules” and joint development as “invisible ink” (see Another Look at WV’s Co-tenancy & Joint Development Proposals). EnerVest, a shale (and conventional) driller with considerable acreage in West Virginia recently contributed a editorial to the Charleston Gazette-Mail which unsurprisingly supports WVONGA’s push–at least for co-tenancy. The article doesn’t mention joint development, but since the two are tied together in a single bill, we assume they also want to see joint development. Below is (once again) a brief explanation of the two concepts, along with EnerVest’s editorial/reasons for why the Mountain State needs them…
    Read More “Enervest Pushes for Co-Tenancy in West Virginia”

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    PA’s Inept Government is Holding Back the Marcellus Shale

    MDN is pleased to bring you another guest post from our very good friend Chris Acker. Chris is MDN editor Jim Willis’ right arm when it comes to scanning for stories, something Jim is profoundly grateful for. Chris is a geological engineer with an MBA. He grew up in the oil fields of Venezuela where his father, a petroleum engineer, was a drilling contractor for all the major players, onshore and off. Chris’ interest in energy economics and policy found him working for Exxon, Petroleum Industry Research Associates and Petroleos de Venezuela. He bought a parcel of land in the PA countryside twenty-five years ago and later semi-retired to work on antique pianos (see www.PianoGrands.com). A few years ago, it was found that Chris’ property in Susquehanna County sits atop one of the Marcellus shale’s most prolific areas. He leased with Cabot Oil & Gas and has a well sitting off his front porch not more than 200 yards away. Chris is now happily engaged once again in energy economics, with an emphasis, naturally, on gas. He splits his time between Montrose, PA and Savannah, GA. Chris’ two “home states” of Pennsylvania and Georgia recently got him thinking–comparing and contrasting what he sees in both locations–which led him to pen the following guest post that takes aim at PA’s inept (Chris’ word) state government and how it is mismanaging the biggest gift it has received in generations: the Marcellus Shale…
    Read More “PA’s Inept Government is Holding Back the Marcellus Shale”

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    OH EPA Director Manipulates Atty General to Sue Rover Pipeline

    The director of the Ohio Environmental Protection Agency (EPA), Craig Butler, continues to go off the rails with a major grudge against Rover Pipeline (see Ohio EPA’s Craig Butler Goes Nuts, Demands $2.3M from Rover Pipe). Using his position and the power of his agency, Butler has now convinced Ohio’s wishy washy Republican Attorney General, Mike DeWine, to sue Rover “for polluting state waters while constructing a natural gas pipeline across Ohio.” Which is, of course, nonsense. Yes there have been some spills of drilling mud. It happens. Yes, one of them was totally unacceptable (see Rover Pipeline Accident Spills ~2M Gal. Drilling Mud in OH Swamp). However, using the mighty power of the entire state to sue a private company because Butler has an ego trip and wants to shake down the Rover project for millions is unacceptable. It’s time to fire Craig Butler. Below is the AG DeWine’s brief statement, a copy of the sham lawsuit DeWine filed late last week, and a response from Energy Transfer Partners, the builder of Rover…
    Read More “OH EPA Director Manipulates Atty General to Sue Rover Pipeline”

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    PA Landowners “Furious” Over Royalties, Backdoor Lease Changes

    An off-hand comment by a Pennsylvania Gov. Wolf staffer has landowners in northeast PA hopping mad–and with good reason. Speaking on the topic of PA landowners getting screwed out of royalty payments by drillers deducting inflated post-production costs (sometimes sending royalty statements where landowners OWE the drillers money!), Wolf deputy policy director Sam Robinson said this: “I think there was a crescendo of that kind of claim in 2015 to 2016…There’s been real movement in a positive direction on that issue.” Really? Not according to Bradford County Commissioner Doug McLinko and National Association of Royalty Owners (NARO) PA president Jackie Root. Not only is the issue not resolved, but the industry, under the prompting of EQT, snuck through an “environmental rider” in the recently passed-and-signed-into-law Fiscal Code bill (called Section 1610) that gives drillers a back door to reactivate old, non-producing wells after they have not been producing (and the lease considered terminated) under certain conditions (see PA Republican Senate Changes Lease Terms for Landowners). Far from moving in a “positive direction” as Robinson stated, landowners in PA are “furious” according to McLinko, and feel as if they have been “thrown under the bus” according to Root…
    Read More “PA Landowners “Furious” Over Royalties, Backdoor Lease Changes”

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    NFG 3Q17: Delayed Northern Access Pipe No Closer to Resolution

    Last week National Fuel Gas Company, headquartered in Western New York State with drilling subsidiary Seneca Resources and pipeline subsidiary Empire Pipeline, issued its fourth quarter (everyone else’s third quarter) 2017 update. In the accompanying analyst phone call, CEO Ronald Tanski blamed the delay of the Northern Access Pipeline project (delayed by the NY Dept. of Environmental Conservation) for lower earnings than the company would have otherwise realized. Thanks, business UNfriendly NY! You may recall in July NFG filed a lawsuit against the DEC for arbitrarily rejecting the project (see Northern Access Pipeline Court Case Further Threatens NY DEC). On the analyst call, Tanski said the case, filed in the Second Circuit Court of Appeals (in NY), will hold oral arguments on Nov. 16th. Tanski also said it’s “anyone’s guess” when NFG will get an answer about the project–either from the lawsuit or the Federal Energy Regulatory Commission (FERC). On the drilling front, Seneca Resources produced 40.4 billion cubic feet equivalent (Bcfe) last quarter, up a tiny 1% from the same quarter a year ago. After hedging, Seneca got $2.91 per thousand cubic feet (Mcf) for their gas–not too shabby. Below is the full update for NFG for last quarter (remember they also have a huge utility business, in addition to drilling and pipelines), along with excerpts from the analyst call and the latest slide deck…
    Read More “NFG 3Q17: Delayed Northern Access Pipe No Closer to Resolution”