Regulation

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    Riverkeeper Campaign Pressures Towns to Support DRBC Frack Ban

    THE Delaware Riverkeeper is a far-left, radical environmental group that is the self-appointed “caretaker” of the entire Delaware River Basin. It’s run by Maya van Rossum and gets its funding from a variety of foundations, mainly the William Penn Foundation. Riverkeeper’s cause célèbre is a complete, and permanent, ban on fracking in the Delaware River Basin. They’d actually like a permanent ban throughout Pennsylvania (and every other state in the Union), but they’ll take a ban in the River Basin as a first step. Unfortunately Riverkeeper has the ear of the Delaware River Basin Commission (DRBC) and has pressured the DRBC for years to institute a total ban on fracking. The DRBC finally took a step in that direction in September (see Governors from PA-NY-DE Vote to Ban Fracking in Dela. River Basin). There has been no fracking in the River Basin for 10+ years. So why the urgency for the board to pass a ban now? Because a Wayne County, PA landowner has taken the DRBC to court, challenging their right to impose such a ban. After all, the adjacent Susquehanna River Basin (overseen by the Susquehanna River Basin Commission) is loaded with fracking–with NO harmful effects on water supplies. Earlier this month oral arguments were heard in federal court on the case. The attorney for the DRBC fainted under heaving questioning (see DRBC Attorney Faints in Federal Court During Questioning). The case was postponed to an as-yet-unscheduled future date. Neat trick–faint and the case is postponed another few months. In the meantime, Riverkeeper is obviously not convinced the DRBC will follow through with their threat to pass a permanent ban–or perhaps they want to give the DRBC more ammunition to do so. Riverkeeper is hosting a webinar next Monday–to stoke their crazy groupies. Mamma Maya’s sidekick Tracy Carluccio (Riverkeeper Deputy Director) will give the faithful instructions for how to harass local town boards to the point they’ll sign a petition to support a permanent ban. MDN has a mole on Riverkeeper’s email list and we have their invite below…
    Read More “Riverkeeper Campaign Pressures Towns to Support DRBC Frack Ban”

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    Williams Files FERC Appl for Transco “Gateway Expansion Project”

    Yesterday Williams filed an application with the Federal Energy Regulatory Commission (FERC) to upgrade certain facilities in New Jersey along the Williams mighty Transco Pipeline, in order to flow an extra 65,000 dekatherms per day (or 65 million cubic feet) of natural gas to a couple of utility companies that have already signed on the dotted line as customers. The project is called the Transco “Gateway Expansion Project” and will cost roughly $85 million. The upgrades include a new compressor unit at Transco’s existing Compressor Station 303 in Essex County, NJ, a new valve and electric transformer also in Essex County, and equipment upgrades at a metering station in Passaic County, NJ. Both PSEG Power and UGI Energy Services have signed up to receive the extra gas–to be distributed to their customers in the region. The extra 65K dekatherms that will flow because of the upgrades is enough natural gas to meet the daily needs of ~300,000 homes. Here’s the lowdown on this latest Williams project…
    Read More “Williams Files FERC Appl for Transco “Gateway Expansion Project””

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    PJM Double Talk: Grid Operator Floats Plan to Favor Nukes & Coal

    We’re wondering if anyone else smells a tad bit of hypocrisy with this one. In March, PJM Interconnection–the regional transmission organization (RTO) that operates the electric grid in all or parts of 13 states and the District of Columbia (including PA, OH and WV), released a study saying even with fewer coal plants producing electricity, PJM’s electric supplies–using more and more natgas and renewables–will be just fine (see Is PJM Electric Grid at Risk by Using More NatGas? Study Says No). Then just last month, PJM said DOE Sec. Rick Perry’s plan to favor electricity from nuclear energy plants and coal, in the name of “grid reliability,” is not needed (see Appalachian Grid Operators: We Don’t Need Trump’s Reliability Plan). But yesterday PJM turned around and released their own plan…which does just that! PJM published “Proposed Enhancements to Energy Price Formation” (full copy below) to set rates that supposedly more accurate reflect the contributions “fixed” electric producers like coal and nuclear make to the grid. That is, PJM is proposing changes to the pricing scheme that will cause a 2-5% increase for all electric rate payers in PJM–in the name of grid reliability. They want to deliver on Trump’s aim of grid reliability, but do it in a different way (with the same result of higher prices for everybody)…
    Read More “PJM Double Talk: Grid Operator Floats Plan to Favor Nukes & Coal”

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    Antis at DRBC Meeting Act Like Children, Demand Total Frack Ban

    We told you back in September that the obsequious members of the Delaware River Basin Commission (DRBC) will obey their radical environmental masters by voting to move forward with a permanent ban on fracking in the Delaware River Basin (see DRBC Votes Tomorrow on Permanent Frack Ban Resolution). The form the final ban language will take has yet to be delivered–it’s due by Nov. 30th. However, the DRBC isn’t singing from the same song sheet as the radicals at THE Delaware Riverkeeper. A total frack ban isn’t good enough for the nutters. You see, they don’t like language in a draft resolution they’ve read that would allow frack wastewater to be hauled/disposed of inside their precious Delaware River Basin playground (see Governors from PA-NY-DE Vote to Ban Fracking in Dela. River Basin). The DRBC held a regular meeting yesterday, and the nutters showed up in force–behaving like the children-in-adult-bodies they are. There were, “About two dozen protestors, some of them with cloth gags in their mouths,” protesting at the meeting, calling on board members to not only ban fracking, but ban any kind of water use in the basin related to it. Here’s an account of what happened, and what lies ahead…
    Read More “Antis at DRBC Meeting Act Like Children, Demand Total Frack Ban”

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    WV DEP Secretary Issues Letter Explaining MV Pipeline Decision

    In March, the West Virginia Dept. of Environmental Protection (WVDEP) issued a federal water crossing permit for the 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 (see WV DEP Grants Mountain Valley Pipeline Water Crossing Permit). In June, a group of profoundly radical “environmental” organizations filed a lawsuit in the U.S. Court of Appeals for the Fourth Circuit against the WVDEP for doing their job issuing the permit (see Radicals File Lawsuit Against WV DEP for Approving MV Pipeline). Because of the pressure of that lawsuit, WVDEP caved and reversed their decision in September, rescinding (called “vacating”) the permit for MVP (see Trouble for Mountain Valley Pipe: WV DEP Withdraws Water Permit). The WVDEP said they would “re-evaluate the complete application to determine whether the state’s certification is in compliance with Section 401 of the federal Clean Water Act.” The 4th U.S. Circuit Court of Appeals upheld WVDEP’s decision and granted the agency’s motion to invalidate the previous certificate they granted the project (see Court Backs WVDEP Move to Cancel Permits for Mountain Valley Pipe). Then earlier this month, in yet another 180 degree about face, WVDEP announced it has “lifted the suspension” of the MVP stormwater permit–and that the agency has decided to waive the permit, MVP has no need to get it before beginning construction (see WVDEP Reverses, Waives Water Permit for Mountain Valley Pipeline). Since that time WVDEP has faced withering criticism from antis, accusing the agency of abandoning their oversight of the project. On Monday, WVDEP Secretary Austin Caperton issued a letter to agency staffers (and to the public) to explain the agency hasn’t given up anything–that instead they have opted for a different type of oversight of the MVP project. We have to confess, it’s a very good letter and explains a lot. Bottom line: WVDEP is still very much large and in charge when it comes to overseeing impacts from the project on WV’s streams and rivers…
    Read More “WV DEP Secretary Issues Letter Explaining MV Pipeline Decision”

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    Richmond County, VA Commits Fracking Suicide with Vote to Ban

    Sadly, the “leaders” of Richmond County, VA have just voted to commit fracking suicide–a total ban on fracking in the county. They’re not the first. Last year King George County did the same thing, banning it in most of the county (see King George County, VA Commits Fracking Suicide with Vote to Ban). Augusta County was the first Virginia county to ban fracking throughout the entire county, which they did in February of this year. Richmond is the second to ban it countywide. No, there is no Marcellus Shale underlying the county, but there is the Taylorsville shale layer–and there is interest in drilling there, someday. The Chairman of the Board of Supervisors, F. Lee Sanders, said they are “just trying to set an example for other people.” Apparently the real motivation for the ban is not that there would be any actual drilling since only a sliver of Richmond contains Taylorsville shale. No, the real reason for the ban is worry over what other people think. Each year a group of radical leftists called American Rivers (Big Green group) puts together a sham list the call “America’s Most Endangered Rivers.” The Rappahannock River (in Richmond County) is on this year’s list in the #5 spot, because of the “threat fracking poses to clean drinking water.” The entire list is bogus–but the dolts in Richmond County fell for it anyway. They worry that lefties will say mean things about them if they allow fracking. So they banned it. And just like that, more citizens of this country have lost their hard-earned freedoms and property rights…
    Read More “Richmond County, VA Commits Fracking Suicide with Vote to Ban”

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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”