Regulation

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    Wayne County Landowner Files Brief in Case Against DRBC Frack Ban

    Whatever happened to the lawsuit filed by a Wayne County, PA landowner against the egregious overreach by the Delaware River Basin Commission (DRBC) in its ongoing stall/delay/block of any shale drilling within the Basin? In March, MDN reported that U.S. District Judge Robert Mariani ruled against the Wayne landowner 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 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 fact, Judge Mariani set up the appeal of the case perfectly, we’d say intentionally, and that has the DRBC and their cohorts at THE Delaware Riverkeeper really nervous (see Wayne Co. Landowner Welcomes Decision in Dismissed DRBC Lawsuit). We have an update. The Wayne landowners filed their court brief in an appeal of the case yesterday. The case turns on the concept of what constitutes a “project” for the DRBC. The DRBC claims that all gas well pads, drilling, etc.–anything that uses water within the Basin–is a “project” as defined under the original compact forming the DRBC, and therefore under their jurisdiction. The lawsuit (an excellent read, full copy below) states such a reading of the original compact, and based on 40 years of history since that time, says otherwise. Just because you push dirt around and use some water, does not mean that activity falls under the DRBC’s current overreach in defining a project. The lawsuit askes the 3rd Circuit to rule on what is, and what is not, a project for the DRBC…
    Read More “Wayne County Landowner Files Brief in Case Against DRBC Frack Ban”

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    WV Leads 11-State Group Supporting EPA’s Move to Delay Obama Rule

    Kudos to West Virginia and its Attorney General, Patrick Morrisey, for leading the charge (along with 10 other states) to stop the Environmental Protection Agency’s implementation of the Obama methane rule. Earlier this month the Trump EPA filed paperwork to stop implementation of the egregious and illegal rule (see Beginning of the End: EPA Issues 90-Day Stay for Methane Rule). The federal government cannot regulate oil and gas, that’s left up to the states under the Constitution. However, the Obamadroids found a way around that legal limitation by using lawsuits and naked power grabs. The Trump EPA is reversing it. Of course Big Green groups with deep pockets immediately sued to keep the rule going (see Liberal DC Court Asks EPA to Respond to Lawsuit by Radical Enviros). The EPA is defending its right to undo a rule it did, and Morrisey and the other AGs filed a motion to intervene in the case, to help out the Trump EPA…
    Read More “WV Leads 11-State Group Supporting EPA’s Move to Delay Obama Rule”

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    Trump White House Caves, Taps Establishment Insider for #2 Job @ EPA

    We suppose it had to happen eventually. The Trump White House is backing a Washington insider, a swamp dweller, to become Deputy Administrator (#2 person) at the Environmental Protection Agency. Jeff Holmstead, a former top EPA official under President George W. Bush, is as inside Washington as inside gets. He’s a Washington lobbyist and a lawyer (already two strikes against him). His appointment is not yet official, but the rumor mill is working overtime. We find it disappointing that Scott Pruitt, the consummate outsider, is promoting Holmstead, the consummate insider, for the position…
    Read More “Trump White House Caves, Taps Establishment Insider for #2 Job @ EPA”

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    Analyst: “Nearly Impossible” for Rover to Get Done on Schedule

    Rover Pipeline, Energy Transfer’s $3.7 billion, 711-mile Marcellus/Utica natural gas pipeline that will run from PA, WV and eastern OH through OH into Michigan and eventually into Canada, will almost certainly not go online in July as originally planned–at least according to an article on The Street evaluating the project and its builder, Energy Transfer. At the heart of the delay is a series of spills that have occurred while drilling underground, horizontally, under rivers and creeks (and other structures) in which drilling mud has spilled. The largest such spill, to date, happened on April 13 when around 2 million gallons of drilling mud spilled close to the Tuscarawas River (see Rover Pipeline Accident Spills ~2M Gal. Drilling Mud in OH Swamp). That spill, plus the others, set off a chain reaction and ongoing fight with the Ohio Environmental Protection Agency (OEPA), who lobbied the Federal Energy Regulatory Commission (FERC) to investigate. Which is now happening (see OH EPA Says Diesel Fuel Found in Rover 2M Gal Drilling Mud Spill). The FERC investigation has stalled forward progress in some (not all) areas. According to an analyst from Genscape quoted in the article, Energy Transfer “seems to have an approach where they stick to the minimum requirements instead of exceeding them” when it comes to drilling and laying pipelines. Energy Transfer strongly disagrees that statement. Regardless, the company’s stock has taken a hit and the article (below) raises concerns about the future of the company’s stock for shareholders…
    Read More “Analyst: “Nearly Impossible” for Rover to Get Done on Schedule”

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    NJ Dem Gov Candidate Wants Permanent Frack Ban in Dela. Basin

    “Lefty” Phil Murphy, candidate for gov in NJ

    Democrats in New Jersey would have you believe whoever wins the upcoming Democrat gubernatorial primary will be the next governor of the state. Republicans don’t stand a prayer of a chance, according to the establishment’s received wisdom. Perhaps. One never knows. Chris Christy won–two terms. But he’s not running again. So there’s a whole field of candidates on the Democrat side. However, the one who appears to be the favorite, at least among mainstream media, is Phil Murphy–an anti-pipeline, anti-drilling troll (see Dem Candidate for NJ Gov Opposes PennEast, After He $upported It). Murphy invested in stocks in the companies that are building the PennEast Pipeline, but when it was discovered and he was ratted out by other Democrats, Murphy disavowed those investments. Typical politician/hypocrite. Now Murphy is stepping up his anti-fossil fuel game, in a bid to appeal to the unhinged, radical environmental movement in the state. Murphy wants the Delaware River Basin Commission (DRBC), of which NJ is a member, to permanently ban drilling in the Delaware River Basin. This is not some empty threat. If he wins, he has the power to heavily influence such a decision. There are five members of the DRBC board–the governors of the four basin states (PA, NY, DE, NJ) and the U.S. Army Corps of Engineers. Andrew Cuomo (NY) would certainly vote for a permanent ban. Gov. John Carney (DE) is another radical leftist Democrat who would likely vote for a permanent ban. Gov. Tom Wolf (PA) has said he supports a ban in the Delaware River Basin. And now, if NJ elects a radical like Phil Murphy, it would be a fait accompli. Which is why elections are so important. Here’s the latest by lefty Phil, the “ban all fossil fuels” candidate in NJ…
    Read More “NJ Dem Gov Candidate Wants Permanent Frack Ban in Dela. Basin”

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    Dems Pick Wind Lobbyist for FERC Appointment

    Senate Minority Leader Chuck Schumer (extreme partisan) has recommended to the White House that Richard Glick, current a Senate staffer and former lobbyist for the wind industry, should succeed Democrat FERC Commissioner Colette Honorable. That’s according to “three industry sources with knowledge of the decision.” So far the White House is mum and refuses to “get ahead of an official announcement.” Our advice to President Trump: Don’t do ANYTHING recommended by Chucky Schumer…
    Read More “Dems Pick Wind Lobbyist for FERC Appointment”

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    NYC Democrats Target Upstate with Proposed Ban on PA Frack Waste

    Every now and again anti-fossil fuel nutters in New York will pop up from whatever hole they live in to claim that the couple of NY landfills accepting drill cuttings (leftover rock and dirt) from PA shale drilling will result in an environmental apocalypse. One landfill in particular, in Chemung County, seems to be the focus of their ire (see NY Anti Drillers Apoplectic Over Soil in Chemung Co. Landfill). From time to time they attract the attention of some of NY’s less-than-bright legislators who float bills to ban “importing frack waste” into the haughty Empire State. They tried in 2014 (see NY Dem Senators Want to Ban PA Drill Cuttings from NY Landfills). Fortunately, the bill went nowhere. Earlier this year the anti-drilling group Environmental Advocates of New York published a 24-page sham “report” trying to rekindle momentum for a frack waste ban (see Anti-Drillers Try to Ban Drill Cuttings from PA in NY Landfills). Environmental Advocates appears to be in league with Democrats from the New York City area who have floated yet another bill to ban PA frack waste from entering NY. New York City just LOVES to tell us hicks in Upstate what we can and can’t do…
    Read More “NYC Democrats Target Upstate with Proposed Ban on PA Frack Waste”

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    Westmoreland Zoning Challenge Heads to Court, Delays H&H Drilling

    Westmoreland County townships (Click for larger version)

    In May MDN told you that Huntley & Huntley was conducting seismic surveys in Lower Burrell, in Westmoreland County, PA (see Huntley & Huntley Targets New Drilling in Westmoreland County, PA). When a company begins to conduct seismic surveys, you know that applications for drilling permits are not far behind. Next door to Lower Burrell is Upper Burrell. H&H plans to drill there too. A landowner in Upper Burrell filed an appeal against Upper Burrell’s zoning ordinance that allows drilling in rural, agricultural districts. H&H plans to drill a well near where this woman lives, and she’s arguing such drilling will violate the state’s environmental rights clause and (more importantly), “devalue her property.” Of course nothing of the kind has happened in areas where there is drilling. Quite the opposite, in fact. Still, the lawsuit is stopping H&H from sinking any new holes in the ground. The case was supposed to go to township’s Zoning Hearing Board, but all of the (many) lawyers involved agreed to instead move it to county court, making the process faster and less expensive. The only problem with that is the judge may decide to hold off on a decision until two similar cases are heard and decided by the PA Supreme Court. No telling how long that will take…
    Read More “Westmoreland Zoning Challenge Heads to Court, Delays H&H Drilling”

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    Cincinnati Leaders Smear Duke Energy Ahead of Pipeline Meeting

    Duke Energy needs to replace an aging pipeline, built in the 1950s, near Cincinnati, OH–or some people in Cincy will have to go without natural gas (see Hearings Scheduled for Proposed Duke Pipeline in Cincinnati). Duke has proposed a 13-mile, 20-inch pipeline along two potential routes. Both routes are opposed by antis, including a group calling themselves NOPE–Neighbors Opposing Pipeline Extension. We call them DOPEs–Dummies Opposing Pipeline Extensions. Will the DOPErs volunteer to shut off the natural gas to their homes and businesses if the pipeline doesn’t get built? Not on your life! Two public hearings have now been scheduled, one for tomorrow (June 15), and the other July 12. Just ahead of tomorrow’s meeting, two Democrat politicians–one from the city, the other from the county–are smearing Duke Energy, accusing the company of using “intimidation tactics” to “push through” the pipeline. Which is, of course, nonsense. What kind of intimidation? Did Duke hire thugs with baseball bats to roam the streets? No. Duke had the audacity to send surveyors out to chart the path of the proposed pipeline. For our hyperventilating politicians (displaying mock outrage), such activity is “alarming” and Duke should immediately “cease and desist”…
    Read More “Cincinnati Leaders Smear Duke Energy Ahead of Pipeline Meeting”

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    Atlantic Sunrise Hearing in Bloomsburg Repeat of Previous Hearings

    As we reported yesterday, the first two (of four) public hearings were held on Monday by the Pennsylvania Dept. of Environmental Protection (DEP) to elicit comments on the proposed $3 billion, 198-mile Atlantic Sunrise Pipeline, an expansion of Williams’ Transco Pipeline system (see Atlantic Sunrise Supporters Far Outnumber Antis at PA DEP Hearings). Supporters of the pipeline far outnumbered opponents at both hearings, which has left antis spitting and sputtering: “How did we get outmaneuvered?” The third hearing was held last night, in Bloomsburg, PA (Columbia County). How did it go there? Pretty much a repeat of the meetings on Monday night: supporters far outnumbered opponents of the pipeline. Like the other meetings, a somewhat odd alliance between the local Chamber of Commerce and labor unions provided many of the supporters who attended–to talk about the jobs and enormous positive economic impact of the project…
    Read More “Atlantic Sunrise Hearing in Bloomsburg Repeat of Previous Hearings”

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    Atlantic Sunrise Supporters Far Outnumber Antis at PA DEP Hearings

    Yesterday saw the first two (of four) public hearings being hosted this week by the Pennsylvania Dept. of Environmental Protection (DEP) to elicit comments on the proposed $3 billion, 198-mile Atlantic Sunrise Pipeline, an expansion of Williams’ Transco Pipeline system. One of yesterday’s meetings was held in Lancaster (Lancaster County), and the other in Tunkhannock (Wyoming County). The striking thing about both meetings is that they were not the usual circus freak shows by anti-fossil fuelers we’ve come to expect. Indeed, in both venues, an overwhelming majority of those speaking were there to speak IN FAVOR of the projects. Oh, there were detractors, to be sure. Nonsensical statements made by people like Malinda Clatterbuck, one of the locals in Lancaster who is attempting to turn Lancaster into another North Dakota fiasco. Clatterbuck said “angst over the pipeline has caused premature births, divorces and heart attacks” among people she knows. Complete rubbish. Anyone can say (or do) anything at these hearings. Mark Clatterbuck (Malinda’s husband) also spoke. Mark was a protester in North Dakota against the Dakota Access Pipeline. He warned (threatened?) DEP representatives of a coming “community uprising” against the Atlantic Sunrise pipeline. Even though there was some opposition like the clattering Clatterbucks at last night’s hearings, the big news is that their opposition was drowned out by supporters of the pipeline project. And that’s good news for all Pennsylvanians…
    Read More “Atlantic Sunrise Supporters Far Outnumber Antis at PA DEP Hearings”

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    WV Sens. Capito & Manchin Introduce 2 More Ethane Storage Hub Bills

    Senator Shelly Moore Capito

    In May, both West Virginia U.S. Senators, Shelley Moore Capito (Republican) and Joe Manchin (Democrat), along with Ohio Sen. Rob Portman, introduced and co-sponsored a bill to study if and how an ethane storage hub can be constructed in the Marcellus/Utica region (see WV/OH Senators Intro Bill to Study Appalachian Ethane Storage Hub). Apparently the issue is more important that just a single bill. Yesterday Sens. Capito and Manchin introduced/sponsored another new bill. Called the “Capitalizing American Storage Potential (CASP) Act,” this new bill would make a regional ethane storage hub (the one envisioned for West Virginia) eligible for the Department of Energy’s Title XVII loan guarantee program. According to the Dept. of Energy website, Title XVII “provides broad authority for the Department to guarantee loans that support early commercial use of advanced technologies, if there is reasonable prospect of repayment by the borrower.” In other words, if the federal government guarantees a loan, lenders are more likely to make said loans at more favorable interest rates. Such a loan is “another tool that the Department will use to promote commercial use of innovative technologies” and is targeted for commercial operations only–not for use in energy research. If the bill passes, it will make building the ethane storage hub that much more attractive. In addition to the Title XVII bill, Sen. Capito also introduced a bill to hack through the red tape and streamline an approval process for the storage hub…
    Read More “WV Sens. Capito & Manchin Introduce 2 More Ethane Storage Hub Bills”

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    Details on New Marcellus-Fired Electric Plant Coming to Robinson Twp

    In delicious irony, Robinson Township (Washington County), PA, one of the original seven selfish towns that sued Pennsylvania and eventually won at the PA Supreme Court, overturning a portion of the state’s 2012 Act 13 shale drilling law (granting towns the right to self-regulate some aspects of oil and gas drilling by using onerous zoning ordinances), is about to get a new Marcellus gas-fired electric plant. That is, a plant that burns the stuff they don’t like drilled. In April, MDN shared a list of five new Marcellus gas-fired plants coming in Southwestern PA (see 5 Big & Small Marcellus-Powered Electric Plants Coming in SWPA). In that list was a project called Beech Hollow Power Plant, to be built by Robinson Power Co. LLC. Other than a mention the plant would generate 950 megawatts of electricity (later revised to 1,000 MW), we really didn’t have any details. Until now. The PA Dept. of Environmental Protection (DEP) issued a press release last week to say a public hearing will be held on July 12 at the Fort Cherry Jr./Sr. High School Auditorium in McDonald, PA to accept comments on the project. In issuing the press release, the DEP also posted a couple of documents filed by Robinson Power in applying for the project. It’s pretty much everything you would want to know about the project, chapter and verse. We have it for you below…
    Read More “Details on New Marcellus-Fired Electric Plant Coming to Robinson Twp”

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    Sabal Trail Pipeline Begins Service Connecting M-U Gas to Florida

    In April MDN provided an update on the Sabal Train Transmission pipeline project (see Marcellus/Utica Gas Soon Heading to Florida Penninsula via Sabal Trail). Spectra Energy (and partners NextEra Energy and Duke Energy) are building Sabal Trail, a $3.2 billion, 515-mile interstate natural gas pipeline in Florida, Georgia and Alabama to deliver Marcellus gas to the southeast. The project has been underway for the past three+ years. Sabal Trail will connect to Williams’ Hillabee Expansion Project, which is a new pipeline spur built off the huge Transco pipeline system (see Williams Building Alabama Pipeline with Marcellus Connection). Williams is reversing a portion of the Transco to bring Marcellus gas south, much of it to feed natgas-fired electric plants. The fantastic news is that last week, the Federal Energy Regulatory Commission (FERC) authorized a partial startup of the Sabal Trail project and the Hillabee Expansion that will feed it…
    Read More “Sabal Trail Pipeline Begins Service Connecting M-U Gas to Florida”

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    Radicals File Lawsuit Against WV DEP for Approving MV Pipeline

    A group of profoundly radical “environmental” organizations filed a lawsuit in the U.S. Court of Appeals for the Fourth Circuit last Friday against the West Virginia Dept. of Environmental Protection–for doing their job. Sierra Club, West Virginia Rivers Coalition, Indian Creek Watershed Association, Appalachian Voices and Chesapeake Climate Action Network has sued the DEP because the department had the audacity to conduct a very thorough review, and then issue a stream and water-crossing permit (demanded under federal law) for the Mountain Valley Pipeline (MVP). 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. This is now SOP–standard operating procedure–for Big Green groups with deep pockets. Sue and keep suing in an attempt to slow and eventually kill off any project that remotely involves fossil fuels. Yes, they are RADICAL, they are EXTREME, waaaaaay outside the mainstream of American society. And they MUST BE STOPPED. When will someone launch weekly lawsuits against these Big Green organizations? Here’s the latest maddening development…
    Read More “Radicals File Lawsuit Against WV DEP for Approving MV Pipeline”

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    MSC Tells PA DEP What it Thinks of Onerous New Methane Regs

    In December 2016, the Pennsylvania Dept. of Environmental Protection (DEP) unveiled new regulations to clamp down on methane emissions and other other air pollution that allegedly comes from shale drilling sites (see PA DEP Releases New Regs re Methane & Air Pollution at Drill Sites). The onerous new regulations, not in effect yet, were originally prompted by bullying from the federal Environmental Protection Agency. Even though EPA pressure has disappeared under President Trump, PA Gov. Wolf still intends to push forward with these onerous (frankly, disastrous) regulations. According to the DEP, the proposed General Permit 5A (GP-5A) and the revised General Permit 5 (GP-5), “establish updated Best Available Technology (BAT) requirements for the industry regarding air emission limits, source testing, leak detection and repair, recordkeeping, and reporting requirements for the applicable air pollution sources.” After some final tweaks, the DEP released draft versions of the new permits (i.e. regulations) in February (see PA DEP Seeks Public Comment on Regs for Methane, Compressor Stns). The shale industry is calling this a potential 5-alarm fire–a direct threat to Marcellus drilling (see Unmasking PA DEP’s War on Shale via Methane Regulations). The Marcellus Shale Coalition (MSC) has raised awareness of this issue from the beginning, and attempted to work with the DEP to modify the rules. To no avail. The DEP presses forward. So the MSC filed their own official, specific objections to both GP-5 and GP-5A with the DEP last week. We scored a copy of those comments and have them below…
    Read More “MSC Tells PA DEP What it Thinks of Onerous New Methane Regs”