Regulation

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    WV Drillers & Landowners Want New Law re Post-Production Issue

    Earlier this week MDN reported on the recent West Virginia Supreme Court decision to reverse it’s earlier decision and allow EQT (and by extension, other drillers) to deduct some post-production expenses from royalties paid to landowners (see WV Supreme Court Reverses Itself, Post-Production Deductions OK). The Leggett v. EQT case turned on the meaning of three short words: “at the wellhead” (see WV Supreme Court Post-Production Royalty Case Hinges on 3 Words). This latest final final decision must be the…well…final decision, right? Not so fast. There is another Supreme Court case from 2006, Tawney v. Columbia Natural Resources, which also dealt with post-production expenses and found drillers do not have the right to deduct them from royalties. But there are differences. “Leggett deals with the statute on royalties, while Tawney is about lease contracts.” It’s a pretty safe bet that a new case will be filed challenging Tawney in light of the Leggett decision. All of this back and forth in the courts is unsettling for both drillers and landowners. Both sides are in agreement about one thing: They both want the WV legislature to pass a new law clarifying the issue of post-production deductions…
    Read More “WV Drillers & Landowners Want New Law re Post-Production Issue”

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    Three Cheers! Trump Pulls U.S. Out of Horrible Paris Climate Treaty

    We wonder how many people actually watched President Trump’s address yesterday, announcing his decision to pull out of the horrible (and so-called) Paris climate treaty? Did *you* watch it? Or did you rely on the non-stop “hate Trump” mainstream media tirade that reported, endlessly, that we’re now all fried and the future of Mom Earth is over. What…utter…garbage. If you listened to President Trump, as we did, you would have learned that if we had stayed in this VERY bad deal, the United States would have been punished economically–transferring billions of our taxpayer dollars to other countries for generations to come. All in the name of supposedly stopping global warming. China and India would get to add as many coal-fired electric plants as they want–while we would have to close ours down, essentially shifting our jobs to other countries. The deal was bad from the beginning. Even if we had stayed in and even if all countries lived up to their obligations under the treaty, the projected difference in lowering global temps by 2100 would have been 0.17 Celsius–little more than one-tenth of a degree. After spending hundreds of billions of dollars. THIS PLAN WAS INSANE from the start. But you won’t learn that from mainstream media. We’ve found a few responses to Trump pulling out of Paris, from people who DO believe in global warming, but have the guts to tell the truth about the disastrous Paris deal and why it’s a GOOD THING Trump pulled out of it…
    Read More “Three Cheers! Trump Pulls U.S. Out of Horrible Paris Climate Treaty”

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    The Truth About EPA’s “Mass Advisory Board Firings”

    What role should appointed (i.e. not-elected) Environmental Protection Agency (EPA) boards have with respect to environmental regulations in our country? It’s a valid question and timely, given the recent negative news coverage over EPA Administrator Scott Pruitt’s action in not automatically reappointing some board members. The way the press howls about it you would think board members have a Divine Right to be on those boards. Did you know there are 20 such “advisory boards” at the EPA? And did you know that many of the board members receive EPA grants–in the millions of dollars? This is the swamp Trump repeatedly referred to when campaigning. It’s downright corrupt. And yet when Pruitt tells board members that will have to stoop to the level of reapplying if they want to stay on a board, establishment Washington has a cow. The EPA, as we’ve written about for years, has profound impact on the oil and gas industry–hence our interest. MDN friend Steven Heins, an energy and regulatory consultant and former vice president of communication for Orion Energy Systems, has written a guest post for MDN musing over the EPA’s advisory boards and the role of the public and private sectors with regard to environmental issues… Read More “The Truth About EPA’s “Mass Advisory Board Firings””

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    Application Filed to Drill/Frack 1st Shale Well in Illinois

    Technically, this is not a Marcellus/Utica story, but it is (and should be) of interest to those of us who concentrate on the Appalachian region. The very first application has been filed in Illinois for a permit to drill and frack a shale well. Woolsey Operating Co., headquartered in Kansas, has filed a high volume horizontal hydraulic fracturing (HVHHF) application with the Illinois Dept. of Natural Resources (DNR). The DNR has assigned the application Review Number HVHHF-000001 — the very first. Which is momentous. We’ve only seen two mainstream news sources (from Illinois) pick up on what is really big news. No national news sources have covered it–yet. The press release from the DNR provides some details, like the location of the proposed well (southern Illinois, in White County). What the announcement and news stories don’t say is which rock layer will the shale well target? MDN found the answer by reviewing the application…
    Read More “Application Filed to Drill/Frack 1st Shale Well in Illinois”

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    PA DEP Green Lights Wastewater Injection Well in Clearfield County

    Here’s one that flew mostly under the radar. The Pennsylvania Dept. of Environmental Protection (DEP) has just granted final approval for the state’s ninth wastewater injection well to begin operation. The DEP approved Sammy-Mar, LLC’s Povlik #1 injection well, located in Huston Township, Clearfield County, more than two years after the federal Environmental Protection Agency had approved it. Huston Township in Clearfield County, unlike Highland Township in Elk County, and Grant Township in Indiana County, did not oppose the well. You may recall the DEP approved injection wells in Elk and Indiana counties in March, and had to sue the towns involved over their illegal home rule laws that sought to keep the wells out (see PA DEP Issues 2 Wastewater Injection Well Permits, Sues 2 Towns). This time around, Huston Twp wisely decided not to attempt regulating what only the state, by law, can regulate. This injection well will be an important new resource for Marcellus drillers to dispose wastewater…
    Read More “PA DEP Green Lights Wastewater Injection Well in Clearfield County”

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    PA Hearing Board Reduces EQT Fine from $4.5M to $1.1M

    In October 2014, the Pennsylvania Dept. of Environmental Protection (DEP) fined Marcellus driller EQT a whopping $4.53 million for a leaky wastewater impoundment in Tioga County, PA (see PA DEP Levies Biggest Fine Ever, $4.5M Against EQT). While EQT did not say there wasn’t a problem with leaks at the site, they did say the way the DEP calculated the fine is unreasonable and arbitrary. EQT appealed the fine and the case all the way to the PA Supreme Court. In December 2015, the high court handed EQT a “procedural victory” by saying EQT has a point about the manner in which the DEP is calculating the fine (see PA Supreme Court Gives EQT “Procedural Victory” in $4.5M Fine Case). The Supreme Court sent the case back to a lower court, PA Commonwealth Court, for follow up work, and in January 2017, a three-judge panel ruled that the method the DEP currently uses to assess fines–by how many days pollution lingers, instead of by how many days the initial release of pollution lasted–is not legal nor common sense (see EQT Wins Court Case Against PA DEP re $4.5M Wastewater Leak Fine). The judges said such a method in fining, “would result in potentially limitless continuing violations.” Under the old way of calculating fines, the DEP was considering upping the fine on EQT to an insane $157 million. Calculating it under the new way will mean a fine of around $120,000. We thought with that ruling it was all done and dusted. Not so. The soap opera continued when the DEP appealed the Commonwealth Court panel’s ruling back up to the PA Supreme Court where the Supremes will consider it all over again (see DEP Appeals $4.5M Wastewater Leak Fine Against EQT to Supremes). Into this mess, let’s now throw in another wrinkle. While the courts have been grappling with issues of procedure and whether or not the DEP can assess fines the way it claims it can (that is, Constitutional issues), at the same time the matter was brought up before the PA Environmental Hearing Board (EHB), a sort of quasi-court set up to hear appeals of decisions made by DEP. The EHB has decided to adjust the fine down significantly–from the DEP’s initial levy of $4.53 million down to $1.1 million. Here was their reasoning… Read More “PA Hearing Board Reduces EQT Fine from $4.5M to $1.1M”

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    Trump Decision on Leaving Obama Paris Climate Treaty Due Today

    If you live by the sword, you die by the sword. Put another way, if you commit your country to a “treaty” without getting Senate ratification (an illegal act, which Obama did with the so-called Paris climate treaty), then your successor can uncommit. And that, dear reader, is what we earnestly hope President Trump announces today at 3 pm. We extensively covered the Obama railroading of the horrible Paris agreement–that disadvantages the United States–from the beginning (see Paris Climate Treaty Signed by Obama NOT Binding on U.S.). For a while, it seemed as though Trump, who as candidate spoke against the agreement, would reverse course. If the leaks are accurate, that fear is unfounded. As we previously covered, Big Business (including some Big Oil companies) wants Trump to remain in the Paris deal (see Why does Big Oil Continue to Support Horrible Paris CO2 Treaty?). Our thought on that: Those are the same Big Businesses that supported Hillary Clinton for president. Why would Trump listen to them? He shouldn’t. Trump needs to listen to those of us who put him in office and dump this insidious treaty. The one fact mainstream fake news sources refuse to cover: U.S. carbon dioxide output is falling–without this agreement–due to the use of more natural gas. Why should America pay even MORE taxes–to the rest of the world–as called for in the Paris agreement? We shouldn’t… Read More “Trump Decision on Leaving Obama Paris Climate Treaty Due Today”

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    Vermont Gas Pipeline Fined $58K for Killing 77 Sunflower Plants

    How long does it take to lay 43 miles of natural gas pipeline? If you live and work in the socialist paradise of Vermont, it takes at least two years. In May 2015, MDN reported the following: “The fossil fuel hating nutjobs are out in force in Vermont. Anti-drillers who hate fracking because they hate natural gas because natural gas is an evil, nasty ‘fossil fuel’ are trying to stall progress on a 43-mile natural gas pipeline Vermont Gas Systems is laying between Chittenden and Addison counties to deliver clean burning natural gas to Vermonters. Those opposing the pipeline include the wackos from a group called Rising Tide Vermont. But unfortunately, the pipeline is also being opposed by the Vermont Fuel Dealers Association (companies that deliver fuel oil) and opposed by even the socialist Vermont AARP.” (see Vermont Wackos (Including AARP) Oppose 43-Mile Natgas Pipeline). Two years later, and Vermont Gas is STILL laying that pipeline. How sad and how tragic. Here’s the latest twist: Vermont’s contractor, hired to help build the pipeline, “accidentally” mowed down 77 sunflower plants that are (supposedly) “rare” and protected. It will cost Vermont Gas $58,687.50 in fines. That’s $762 for each of the sunflowers mowed down that, according to state officials, will grow back anyway. Excuse us while we spit out sunflower seed shells we’ve been munching on as we write this… Read More “Vermont Gas Pipeline Fined $58K for Killing 77 Sunflower Plants”

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    FERC Responds to Rover Request to Begin Drilling in 2 Locations: NO

    It was full speed ahead for Energy Transfer’s Rover Pipeline construction project in Ohio–until a series of drilling mud spills hit, including one that dumped some 2 million gallons of bentonite mud into a wetland near the Tuscarawas River in Stark County, OH (see Rover Pipeline Accident Spills ~2M Gal. Drilling Mud in OH Swamp). Not long after the Federal Energy Regulatory Commission (FERC) slapped Rover with a “stop horizontal drilling” order (see FERC Slaps Rover Pipeline with Stop Drilling Order). Let’s put that into context. Most of the pipeline getting laid for Rover is in trenches–not from underground horizontal drilling. There are some places along the route when you can’t dig a trench–like crossing a creek or river, or major highway. In those cases, you drill horizontally underground, underneath the object. When drilling, bentonite mud is used to keep the drill bit cool. Sometimes the mud pumped underground finds its way back out again via cracks in the rock. It is those accidents that FERC (and the Ohio EPA) find a little too frequent and voluminous for their liking. So FERC told ET to stop any new underground drilling. Less than a week after FERC ordered ET to stop drilling, ET filed a request with FERC to begin drilling in two locations key to finishing the first leg of the pipeline–locations where the equipment is already in place, and the erosion controls already set up: Captina Creek in Belmont County, OH, where Rover wants to complete the Clarington lateral, and Middle Island Creek in Tyler County, WV, where Rover wants to complete the Sherwood lateral (see Rover Gets Serious About Mud Spills, Asks FERC for OK to Drill). FERC responded to ET’s request to drill in those locations last Thursday: NO…
    Read More “FERC Responds to Rover Request to Begin Drilling in 2 Locations: NO”

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    PA DEP to Hold 4 Public Hearings for Atlantic Sunrise Pipe in June

    Seems like forever we’ve been waiting for the Pennsylvania Dept. of Environmental Protection (DEP) to issue the final permits needed for the Williams Atlantic Sunrise Pipeline project to begin construction. Atlantic Sunrise is a $3 billion, 198-mile pipeline project running through 10 Pennsylvania counties to connect Marcellus Shale natural gas from northeastern PA with the Williams’ Transco pipeline in southern Lancaster County. The Federal Energy Regulatory Commission (FERC) gave its final seal of approval for the project in February (see Atlantic Sunrise Pipeline Gets Final Approval by FERC). But like NY, PA is holding up the project. The DEP has not, so far, granted necessary permits to allow construction to begin–those permits being Chapter 102 (earth disturbance) and Chapter 105 (waterway and wetland encroachment). Williams embarked on a public relations campaign to enlist support across the state to pressure PA Gov. Tom Wolf and the DEP to grant the permits so construction can (finally) begin. The Wolf DEP is holding up this project and the 8,000 jobs it will create during construction. Williams delivered a petition to Gov. Wolf with the signatures of 3,000 people supporting the project earlier this month (see PA Roars Its Approval of Atlantic Sunrise Pipeline with Petition, Comments). Perhaps that did the trick. Last Thursday the DEP announced four public hearings in June (otherwise known as circus freak shows, where antis parade in front of microphones and behave like asses). The DEP will also accept public comments until June 26. After that, we will hopefully get a swift round of issued permits and the backhoes will start digging… Read More “PA DEP to Hold 4 Public Hearings for Atlantic Sunrise Pipe in June”

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    NJ DEP Keeps Badmouthing PennEast Pipeline

    PennEast Pipeline route through NJ

    PennEast Pipeline is caught between a rock and a hard place in New Jersey, and the NJ Dept. of Environmental Protection (NJDEP) isn’t lifting a finger to help. In April, MDN told you NJDEP has temporarily rejected PennEast Pipeline’s Freshwater Wetlands Individual Permit and Water Quality Certificate application, submitted April 6 (see NJ DEP Temporarily Rejects PennEast Request for Wetland Permits). NJDEP said in their response that PennEast has not provided enough detail about the project–leaving out key pieces of information for two-thirds of the pipeline’s 37-mile trek through NJ. NJDEP says they want the application refiled within 30 days, and if PennEast doesn’t give them what they want within 60 days, the DEP will consider the application “withdrawn.” Here’s the Catch-22: In order to get the details needed via surveys, PennEast needs access to property. But many NJ landowners have been convinced by groups like the odious Sierra Club to deny permission. So PennEast can’t do their surveys to get the details needed for the the NJDEP. Since it’s a federally approved project, NJDEP certainly won’t issue eminent domain to allow PennEast access to survey. For that, PennEast must wait on FERC. It’s rumored that FERC will grant eminent domain sometime this summer for PennEast to allow them the right to access NJ (and PA) properties of holdout landowners. Antis are elated and breathlessly say PennEast will be delayed for months, maybe years (doing things like multi-year surveys on plants). PennEast continues to say the NJDEP’s responses are routine and being handled. Who’s right?…
    Read More “NJ DEP Keeps Badmouthing PennEast Pipeline”

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    Fate of 2 Important Pipelines May Rest in Virginia Governor Race

    Election matters, and elections for governor really matter–at least with respect to shale drilling and pipelines. Here in New York State, where MDN is written, we are ruled by a corrupt autocrat by the name of Andrew Cuomo. Single-handed Cuomo has decided to ban fracking and block new shale gas pipelines (see After 6+ Years, Andrew Cuomo Bans Fracking in New York; NY Gov. Cuomo Refuses to Grant Permits for Constitution Pipeline; and Cuomo’s Corrupt NY DEC Blocks NFG Northern Access Pipeline Permit). So when a Democrat candidate in Virginia to be the next governor vows to block pipelines there, we don’t take it as just electioneering. These people are serious–and dangerous. Our court systems have failed to reign in Democrat autocrats who rule by fiat. It’s up to the people to ensure they don’t get elected. On June 13 Virginia will hold a primary in their gubernatorial race. Since a Democrat has won the governor’s mansion in nine out of the last ten elections, it pays to pay attention to the two leading Dem candidates for governor in Virginia. One of them, former Congressman Tom Perriello, says he’ll block both the $5 billion Atlantic Coast Pipeline through his state, and the $3.5 billion Mountain Valley Pipeline. His opponent, the sitting Lieutenant Governor Ralph Northam, doesn’t outright oppose the projects but instead says they will be put under an extreme review by the Virginia Department of Environmental Quality (DEQ). Just one problem with that: The DEQ says FERC is the one who will monitor and review the project, not the DEQ. In other words, what Northam has been promising is just another empty political promise (surprised?). With a close race, will this late-breaking news from the DEQ tip the balance in favor of the radical Perriello?… Read More “Fate of 2 Important Pipelines May Rest in Virginia Governor Race”

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    5 Climate Jihadists Disrupt Senate FERC Nominee Hearing

    Click for larger version

    Last Thursday the U.S. Senate Energy and Natural Resources Committee held a confirmation hearing for two nominees for the Federal Energy Regulatory Commission (FERC). Neil Chatterjee, energy adviser to Senate Majority Leader Mitch McConnell and Robert Powelson, a Pennsylvania Public Utility Commission member and president of the National Association of Regulatory Utility Commissioners were put through their paces, questioned by Senators for two hours. Getting these men confirmed is a high priority–to restore a voting quorum. Right now there are only two (soon to be one) FERC commissioners. You need three minimum for a voting quorum. When filled, there are five FERC commissioners. During the hearing, extremists from Beyond Extreme Energy attempted to disrupt the hearing with yelling. They were taken out of the room and arrested. These are the same kinds of people Powelson previously called environmental jihadists–those who show up at FERC commissioners’ homes to intimidate them before votes (see Potential FERC Com. Powleson Calls Anti-Fossil Fuelers “Jihadists”). Powelson later walked back his “jihad” statement, sadly. By all accounts the disruptions by the jihadists at the hearing were minor and didn’t (as the nutters had hoped) slow down anything. One jerk handcuffed himself to a chair and the Capitol police whisked him out while the hearing continued, uninterrupted (see the image). Below are accounts of the hearing and what was said, along with a press release from Beyond Extreme Energy…
    Read More “5 Climate Jihadists Disrupt Senate FERC Nominee Hearing”

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    Radical Antis Ask FERC to Stop ET Construction on Rover Pipeline

    Radical environmental groups are seeking to stop the Energy Transfer Rover Pipeline project by using recent violations as leverage. The FreshWater Accountability Project, begun in Ohio after the Muskingum Watershed Conservancy District signed agreements to sell water to the shale industry, along with Michigan Residents Against the ET Rover Pipeline, filed a complaint with the Federal Energy Regulatory Commission (FERC) on Wednesday asking the federal agency to stop all construction on Rover. The request will almost certainly go nowhere–but Rover’s own actions have opened the door to this action. We understand that accidents happen when drilling horizontally underground for pipelines and that sometimes you get an “inadvertent return” (leak) of drilling mud slipping up to the surface. But it’s tough to explain away a 2 million gallon leak (see Rover Pipeline Accident Spills ~2M Gal. Drilling Mud in OH Swamp). It’s also hard to ignore storm water runoff fouling farmers’ fields where Rover is digging trenches (see OEPA & Rover at Odds Over Storm Water Runoff, “Fine” Now $714K). It smacks of a rush job, and that gives the other side an opening in their quest to stop fossil fuel infrastructure projects like Rover… Read More “Radical Antis Ask FERC to Stop ET Construction on Rover Pipeline”

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    MarkWest’s Washington, PA Processing Plant Plans Reactivated

    In October 2016, MDN reported that electric company FirstEnergy had begun construction of a new electric substation in Washington County, PA to provide electricity to “support two natural gas processing facilities being developed in the area” (see Work Begins on $40M Electric Substation in W PA to Help Marcellus). At the time we speculated that at least one of the beneficiaries would be MPLX’s MarkWest Energy subsidiary. We were right. Not long after, NGI’s Shale Daily reported that one of the projects to be served by FirstEnergy’s new substation will be the MarkWest Harmon Creek Complex, a new processing plant that would be built to process natgas for Range Resources (see MarkWest Building New Processing Plant in Washington County, PA). But then all went quiet, when the project went on “indefinite hold.” The hold is now over. MarkWest officials recently attended a Smith Township planning commission meeting (where it will get built) to discuss the project which is now front and center once again. According to MarkWest, plans call for initially building one cryogenic plant and one de-ethanizer. Eventually MarkWest wants to build four cryogenic plants and two de-ethanizers at the Harmon Creek Complex… Read More “MarkWest’s Washington, PA Processing Plant Plans Reactivated”

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    Dela. Riverkeeper Loses Another Court Case Against Marcellus Pipe

    The U.S. Court of Appeals for the District of Columbia Circuit slapped down THE Delaware Riverkeeper in yet another crushing defeat for the virulent anti-fossil fuel organization (and mouthpiece for the William Penn Foundation, its main funder). Even though Williams’ Transco Leidy Southeast expansion project went online some 18 months ago, Riverkeeper sued the Federal Energy Regulatory Commission (FERC) some 14 months ago over its approval of the project (see Dela. Riverkeeper Sues FERC Again – Over Leidy Pipeline Expansion). Leidy Southeast was/is 30 miles of additional pipeline segments laid next to existing pipe, called loops, in Pennsylvania and New Jersey, along with upgrades at several compressor stations. The project bumped up the capacity of the mighty Transco pipeline by an extra 525,000 dekatherms of natural gas per day–enough natural gas to serve 2 million homes. The project means more Marcellus gas now flows south to new markets. Riverkeeper claimed FERC should not have approved the project until PA had issued federal 401 stream crossing permits under the Clean Water Act. It was a “procedural” objection. That is, Riverkeeper claimed FERC did things out of order and should be, we don’t know, shut down? Punished? Flogged? Prevented from doing it ever again? Riverkeeper also went after PA and NJ after they issued the 401 certificates, saying they shouldn’t have. The Third Circuit Court of Appeals (in Philadelphia) rejected that argument last August (see Court Rejects Dela. Riverkeeper Case Against PA DEP Pipe Approval). The new news is that the U.S. Court of Appeals for the District of Columbia Circuit has now rejected Riverkeeper’s case against FERC. The justices said FERC is free to approve projects prior to states issuing 401 certificates because a project approval still doesn’t mean the project will get built–unless the states DO issue those 401 certificates. It all sounds rather complicated to follow. The short version is this: Delaware Riverkeeper lost yet another court case against a pipeline project…
    Read More “Dela. Riverkeeper Loses Another Court Case Against Marcellus Pipe”