Federal-State Showdown Coming in NY re DEC’s Pipeline Bans
We’ve now written two posts addressing the jaw-dropping audacity of the corrupt New York Dept. of Environmental Conservation in their refusal to grant water crossing permits to a second major pipeline project (see Cuomo’s Corrupt NY DEC Blocks NFG Northern Access Pipeline Permit and NFG Calls Cuomo DEC Denial of Northern Access Pipe “Troubling”). The first project the DEC arbitrarily refused (due to political pressure from Cuomo) was the Constitution, one year ago (see NY Gov. Cuomo Refuses to Grant Permits for Constitution Pipeline). Williams, builder of the Constitution, filed a lawsuit. As we pointed out last month, a decision in that case is expected soon (see Constitution Pipeline Still Waiting on “Biggie” Court Decision). If the decision goes against the DEC with respect to the Constitution lawsuit, it has the power to reshape the relationship New York State has with federally approved pipeline projects and will likely bleed over to the NFG pipeline as well. Increasingly we are seeing chatter that New York has picked a fight with the wrong party–the federal government. Some are saying that a state-federal showdown is coming, and coming soon…
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Last Thursday was the last day for people, agencies, nutjobs, supporters–for anyone–to file an official comment with the Federal Energy Regulatory Commission (FERC) on the agency’s draft environmental impact statement for the Atlantic Coast Pipeline project. Dominion has proposed building the $5 billion Atlantic Coast Pipeline (ACP) project from West Virginia through Virginia and into North Carolina. One of the problems they’ve had is resistance from U.S. government agencies, including the U.S. Forest Service. In January 2016, the USFS told Dominion it was a no-go for running the pipeline through tiny pieces of either the Monongahela or George Washington national forests in West Virginia and Virginia (see 
Yesterday we brought you the sad (and angering) news that once again Gov. Andrew Cuomo has caved to political pressure from environmental Nazis and instructed the now-corrupted Dept. of Environmental Conservation (DEC) to deny stream crossing permits for National Fuel Gas Company’s Northern Access Pipeline project (see 
On Friday the Federal Energy Regulatory Commission (FERC) finally, after delaying a decision three times adding an extra eight months, issued a final Environmental Impact Statement (EIS) for the PennEast Pipeline project. We should add, it was a favorable EIS. While FERC found (as they always do) that there would be “some adverse environmental impacts” from the project, those impacts “would be reduced to less than significant levels” with PennEast’s proposed construction plans. This is a major milestone and all but assures the project will now go forward and will be built and go into service sometime in 2018. What potential roadblocks remain? For one, PennEast will need water crossing permits from New Jersey, which they filed for last week (see 
On Feb. 3, the Federal Energy Regulatory Commission (FERC) approved a long-delayed project–National Fuel Gas Company’s (NFG) Northern Access 2016 pipeline project (see 
There’s some good news and, depending on your perspective, bad news when it comes to severance tax collections from natural gas (and coal) in West Virginia. According to West Virginia Department of Revenue in a report released last week, severance tax collections on oil, gas and coal in the Mountain State exceeded revenue projections by $13 million for the first nine months of the current 2017 fiscal year. The surplus reverses the trend from the previous year when WV lost severance tax money due to the drop in the price of oil and gas. Severance tax revenue, as we’ve pointed out before, floats up and down with the commodity price of oil and gas, unlike impact fee revenues which are much less tied to commodity prices (and one reason why PA drilling flourishes). So WV is seeing higher severance tax revenue–that’s the good news. The “bad” news is that Gov. Jim Justice and the WV Senate plan to cut the severance tax–putting the state back in the position of doing more with less…
As MDN has previously chronicled, on September 22, 2016 the rogue U.S. Fish and Wildlife Service (USFWS) published a proposed rule to list the rusty patched bumble bee (Bombus affinis) as “endangered” under the Endangered Species Act (ESA). The rusty patched bumble bee is found in the Midwest and eastern parts of the U.S. If it gets listed, it will have SIGNIFICANT impacts on drillers and midstreamers (see 
The Virginia Department of Environmental Quality (DEQ) announced yesterday that it would require water quality certifications under Section 401 of the federal Clean Water Act for each segment of both the Atlantic Coast Pipeline project (Dominion) and the Mountain Valley Pipeline project (EQT & NextEra Energy). Apparently the DEQ considered using the U.S. Army Corps of Engineers Nationwide Permit 12 process–a less rigorous review (saves about half a forest of trees in paper). But in the end, the DEQ said they were caving to political pressure from anti groups (our words), and instead put Atlantic Coast and Mountain Valley on notice to get ready for a detailed exam. It will be painful. However, it’s not anything either company isn’t already used to/hasn’t done before. We wouldn’t say “it’s no big deal,” but neither is this a show stopper. The more relevant question: Is the DEQ ready to review the blizzard of paperwork that will come at them, IN A TIMELY MANNER? The real question is whether or not the DEQ is equipped to conduct the extensive review they’ve now demanded, and what happens if they can’t?…
Today is, hopefully, a joyous day for the PennEast Pipeline. Today is the day that the Federal Energy Regulatory Commission (FERC) is supposed to, after three delays, issue the project a final Environmental Impact Statement. If/when that final EIS is issued, the only step remaining, from the federal perspective, is a certification of the project. Typically a favorable final EIS is the big step, and the certification then is perfunctory–a given. We have to confess we are on pins and needles because the project has now been delayed three times, a red flag in our book (see 
The ax is about to swing at the federal Environmental Protection Agency (EPA). While we don’t wish ill on anyone, and especially we don’t like to see people out of a job, this is one time when it’s necessary and LONG overdue. The EPA is populated with many career employees who lean far to the left–and it’s about time they were gone. An internal EPA memo has turned up (full copy below) that outlines plans to downside the agency from 15,000 employees to around 11,500–about a 23% reduction. The bold move has many career Democrats at the agency in “shock” and in “dread” over the prospect of losing their jobs. But in typical fashion, these Dems are not just going to wilt away. Their union plans to fight to keep the jobs and to keep the leftist Obama environmental agenda alive in the Trump Administration. Good luck with that. Remember what happened to the air traffic controllers’ union in the Reagan Administration?…
Metaphorically speaking–Maryland Gov. Larry Hogan’s finger was on the trigger of a loaded pistol, pointed at the head of the once-great State of Maryland. And now, Hogan pulled the trigger, assassinating any hope of new jobs, new wealth for some of the state’s poorest people (farmers and landowners in western Maryland), and new tax revenue for local communities. BANG. Done. Killed. Death. Thanks Larry, you da man. We previously reported that the Maryland House had loaded the chamber, and then the Senate had cocked the gun and put it in Hogan’s hand (see 
The Mountain Valley Pipeline (MVP) is a $3.5 billion, 301-mile pipeline that will run from Wetzel County, WV to the Transco Pipeline in Pittsylvania County, VA. The project, which filed an official application with the Federal Energy Regulatory Commission in October 2015, is being built by EQT, NextEra Energy and several other partners. The project has faced stiff opposition from landowners in both West Virginia and Virginia. Although the project is not yet fully approved by the Federal Energy Regulatory Commission (FERC), the project did get a favorable Draft Environmental Impact Statement from FERC last September (see 
The Millennium Pipeline stretches ~244 miles from Independence in Steuben County, NY to Buena Vista in Rockland County, NY. The Millennium, which is supplied by local production and storage fields and interconnecting upstream pipelines, serves customers along its route in New York’s Southern Tier region and helps meet the energy needs of northeast markets. In August 2016, the Millennium filed an application for what it calls its Eastern System Upgrade (see 
Pennsylvania State Rep. Jason Ortitay, Republican who represents of Washington and Allegheny counties in southwestern PA, last week introduced PA House Bill (HB) 1003 which would require the PA Dept. of Environmental Protection (DEP) to compile, organize and list all permits related to oil and gas drilling in two places: in one location in the Pennsylvania Bulletin, and on the DEP website. At first blush this seemed a bit odd to us. In the past MDN published a research report called the Marcellus and Utica Shale Databook. In producing that work, MDN editor Jim Willis would regularly (3x per year) access DEP permit data–which is available from the DEP website. Granted, the information is not the easiest to find, and when you locate it, you must download it and suck it into a database to get any meaningful value out of it. However, on a basic level, permit data IS available to the public from the DEP website–right now. We read a copy of the proposed bill (see it below). MDN’s takeaway after reading the bill: This bill has more to do with “encouraging” the DEP to speed up permit approvals than it does with making information publicly available…
In March 2015, Williams announced that its Transco pipeline subsidiary had filed an application with the Federal Energy Regulatory Commission (FERC) for its Dalton Expansion Project, which will expand the Transco and flow more Marcellus Shale gas from New Jersey all the way to Mississippi, primarily for electric generation plants, but also for local natural gas distribution by utilities (see