Regulation

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    Virginia DEQ Plans to Give 2 Pipeline Projects Detailed Exam

    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?…
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    PennEast Files for Water Crossing Permits in NJ – Antis All Atwitter

    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 FERC Delays PennEast Pipe 3rd Time, PennEast Spins as ‘Good News’). However, anticipating a favorable final EIS, PennEast applied with the New Jersey Department of Environmental Protection (DEP) for a Freshwater Wetlands Impact Permit. For some reason, the act of filing for that permit before receiving the final FERC EIA has anti-fossil fuelers in an outrage. They claim PennEast has jumped the gun, that they are behaving like the project is “inevitable” (which it is, by the way). Arrogant. And how dare these evil, filthy, fossil fuel-polluting companies DARE do something they (anti-fossil fuel nutters) don’t want them to do? That’s the “moral” outrage we’re seeing in New Jersey’s far-left “media” reporting on it. For us, it’s a routine application for a permit. For them, it’s the end of their contrived, perfect, snowflake world…
    Read More “PennEast Files for Water Crossing Permits in NJ – Antis All Atwitter”

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    Time to Chop 23% of Dead Weight at EPA – “Shock” and “Dread”

    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?…
    Read More “Time to Chop 23% of Dead Weight at EPA – “Shock” and “Dread””

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    Maryland Gov. Hogan Pulls the Trigger, Commits Fracking Suicide

    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 Gun Loaded & Cocked, Maryland About to Commit Fracking Suicide). On Tuesday, Hogan pulled the trigger. In the midst of the ebullient reporting on Maryland’s action by so-called mainstream media, we continue to ask the question, who got a payoff here (see Antis Deliriously Happy with Maryland Frack Ban, Who Paid Who?). Is anybody investigating Hogan to see if his bank account just got really fat? Or if Hogan was promised something in return for his sell-out of fracking (he ran for governor as a supporter of fracking). We sincerely wonder where the payoff is, because if you dig deep enough, it will be there…
    Read More “Maryland Gov. Hogan Pulls the Trigger, Commits Fracking Suicide”

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    FERC Delays Final EIS for Mountain Valley Pipeline by 3 Months

    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 FERC Gives WV to VA Mountain Valley Pipeline Provisional Thumbs Up). MVP had wanted a final Environmental Impact Statement by March 10th, but that didn’t happen. They’re still waiting, and now will wait until the end of June before they get their final EIS from FERC…
    Read More “FERC Delays Final EIS for Mountain Valley Pipeline by 3 Months”

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    FERC Favorable EA for Millennium Pipeline Eastern System Upgrade

    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 Millennium Pipe Asks FERC to Approve Eastern System Upgrade in NY). The ESU would add 7.8 miles of extra looped pipeline in Orange County, upgrade a compressor station in Delaware County, build a new compressor in Sullivan County and make some minor tweaks to metering stations in Rockland County. The ESU will pump another $275 million into the New York economy with the end result of increasing the flow of natural gas for New York and beyond by fall 2018. Despite the best efforts by THE Delaware Riverkeeper to stop this (and all other) pipeline projects, the Federal Energy Regulatory Commission issued a favorable environmental assessment (EA) on Friday for the project (full copy below). A favorable EA indicates the project is on track for a final approval this year. The projected in-service date is fall 2018…
    Read More “FERC Favorable EA for Millennium Pipeline Eastern System Upgrade”

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    New Bill Would Goose PA DEP to Approve Drilling Permits Faster

    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…
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    FERC Grants Atlantic Bridge Pipe OK to Begin CT Construction

    In January the Federal Energy Regulatory Commission (FERC) gave its final stamp of approval for Spectra Energy’s Atlantic Bridge project (see FERC Approves Atlantic Bridge Project for New England/Canada). Atlantic Bridge will beef up capacity on the Algonquin Gas Transmission and Maritimes & Northeast Pipeline systems–to move more Marcellus/Utica gas to New England and Canada. Even though FERC has “approved” Atlantic Bridge, Spectra Energy must still ask for “Mother May I?” permission to begin construction on specific, individual portions of the project. “Mother FERC, may I begin the bulldozers in Danbury, CT at the Danbury meter station?” And, “Mother FERC, may I begin construction at the Mill Plain Road Contractor Yard?” You get the picture. Spectra asked permission to begin construction at a variety of projects in Connecticut on March 14th (see Anti-Pipeline Jihadists Pressure FERC re Atlantic Bridge Project). Earlier this week FERC granted Spectra Energy permission to begin construction on all of their requests from the 14th…
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    FERC Grants Dalton Expansion Permission to Begin Flowing Gas

    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 Williams Files with FERC to Expand Transco Pipeline from NJ to MS). Most of the Dalton project will be built in, and benefit, the State of Georgia, by delivering natural gas to an existing electric generating facility in northern Georgia operated by Oglethorpe Power Corp., delivering gas for local distribution company Atlanta Gas Light, and delivering gas for the City of Cartersville. Transco has customers signed up under binding contracts for 100% of the Dalton Expansion Project, which will increase Transco’s capacity by 448,000 dekatherms per day of natural gas. FERC approved the Dalton Project last summer (see Marcellus/Utica Gas Heading to Georgia via FERC-Approved Pipeline). In February of this year, antis tried to use a creative new way to stop construction. They noticed that some of the pipe being used came from Greece, so they’re asking FERC to stop the project because it doesn’t use American-made pipeline (see Antis Ask FERC to Block Dalton Expansion Project, Using Greek Pipe). Nice try, but no cigar. Construction is now done and this past week the extra gas began flowing through the now-completed project. On Tuesday, FERC OK’d up to an extra 208,000 dekatherms (equivalent of 208 million cubic feet) of natgas to begin flowing. On Wednesday, FERC authorized the rest, another 240,000 dekatherms. The full 448,000 dekatherms of extra Marcellus/Utica fracked gas now flows south, all the way to Mississippi…
    Read More “FERC Grants Dalton Expansion Permission to Begin Flowing Gas”

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    DOE Nixes Use of “Climate Change” Phrase, Enviros Throw Tantrum

    We found this story kind of funny. Apparently the word has gone out at the Trump Dept. of Energy that staffers, when preparing reports for the public, should avoid using the phrase “climate change.” Which is an asinine phrase, let’s admit it. By definition the climate changes. It changes every day and has since there’s been a climate. Anti fossil fuel zealots have tried to co-opt the phrase to mean “man-made global warming.” Because Mom Earth isn’t actually warming, it’s kind of hard to keep calling it “global warming.” So they invented the euphemism “climate change” instead. Team Trump has had enough of that kind of verbal dissembling. No more. Say what you mean and mean what you say. And so the egghead prima donnas who think they’re SO much smarter than everyone else are in full, fake outrage mode. They’re making fun of the adults in the room who have told them to straighten up and quit acting like petulant children…
    Read More “DOE Nixes Use of “Climate Change” Phrase, Enviros Throw Tantrum”

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    Antis Deliriously Happy with Maryland Frack Ban, Who Paid Who?

    The same old (very small) cast of environmental radicals is claiming victory in Maryland over the recently passed bill to ban fracking statewide–a bill that now sits on traitor Gov. Larry Hogan’s desk (he’s promised to sign it). Radicals from the Chesapeake Climate Action Network (and Food & Water Watch, and the Sierra Club, et al), who are waging a holy war against fossil fuels, say this momentous occasion is evidence of new “bipartisan” support sweeping the nation–that Maryland’s vote has “national implications.” It’s nothing of the sort. Anti-fossil fuel nutters are still by and large Democrats (and Socialists) and confined to a few far-left states (Maryland, New York, Vermont). Larry Hogan is an anomaly–a Republican who ran on a platform of support for fracking who suddenly, without warning and for inexplicable reasons, flipped and promised to sign a ban bill should one be proffered. We wonder, who paid who? There is corruption at work in this situation, of that we have no doubt. All of the so-called “leaders” of the ban frack movement in the Maryland legislature come from either the Washington, D.C. suburbs, or the Baltimore area. They are located on the opposite side of the state from where fracking would, theoretically, take place. These enviro radicals have hijacked the property rights of landowners in Allegany County and Garrett County, the only two Maryland counties with commercially viable shale deposits that could be fracked. It will be a sad day when Hogan turns his back on the people of Maryland and signs the law…
    Read More “Antis Deliriously Happy with Maryland Frack Ban, Who Paid Who?”

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    Wayne Co. Landowner Welcomes Decision in Dismissed DRBC Lawsuit

    As MDN reported, last week U.S. District Judge Robert Mariani ruled against a Wayne County landowner in a lawsuit that challenged the right of the Delaware River Basin Commission (DRBC) to stop fracking in the Delaware River Basin (see Judge Tosses Wayne County, PA Landowner Lawsuit Against DRBC). At first blush this may see 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 that judge wanted to send this 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. It also has the Wayne Land and Minerals Group, the plaintiff in the case, really happy. MDN friend Tom Shepstone (Natural Gas Now) does a superb job of analyzing Mariani’s decision, and in predicting where things will (rapidly) go from here…
    Read More “Wayne Co. Landowner Welcomes Decision in Dismissed DRBC Lawsuit”

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    PA DEP Issues 2 Wastewater Injection Well Permits, Sues 2 Towns

    Good news for Pennsylvania drillers: the PA Dept. of Environmental Protection (DEP) finally, after years of review, granted permission to two different companies to operate two new wastewater injection wells in the Keystone State. One well is located in Elk County, the other in Indiana County. With these two new injection wells coming online, the state will have a total of eight operating injection wells (vs. hundreds in Ohio). You may have seen news about the newly authorized injection wells from other news sources yesterday. But you read MDN for “the rest of the story.” And here it is, something you won’t find anywhere else (until other news sources read MDN): As soon as the DEP issued the permits for the injection wells, the DEP filed lawsuits against the two townships where the injection wells will be located, because both of those townships–Highland Township in Elk County, and Grant Township in Indiana County–had previously passed so-called Home Rule Charters in an attempt to prevent the injection wells from being located in their towns. The DEP has sued each of them (copy of the Highland lawsuit below) to correct laws that attempt to prevent the DEP from doing its job in authorizing the injection wells. We have the full news of the DEP’s decision to permit the injection wells, along with details about the lawsuits, below…
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    Energy Sanity Day: Trump Exec Order Axes CPP, Methane Rule

    Yesterday President Trump made a trip to the Environmental Protection Agency to sign an executive order titled the “Energy Independence Executive Order” which takes aim at rolling back Obama’s disastrous Clean Power Plan. The new executive order also lifts a ban on leasing federal lands for coal mining, nixes new regulations aimed at trapping every last molecule of methane from oil and gas drilling & pipelines (unrealistic and very costly), and reduces, but does not eliminate, the role of so-called global warming when making decisions about authorizing new infrastructure projects. It was, by all accounts, a red letter day for responsible environmental policy–a day to correct some of the extreme overreach we’ve seen by the EPA over the past eight years under the Obama regime. Below we have a copy of the executive order and some of the reaction to it…
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    Did Pruitt Hold Trump Back from Going Further re Climate Order?

    Scott Pruitt – EPA Administrator

    Yesterday President Trump signed an executive order titled the “Energy Independence Executive Order” which takes aim at, among a number of things, rolling back Obama’s disastrous Clean Power Plan (see Energy Sanity Day: Trump Exec Order Axes CPP, Methane Rule). However, did Trump’s executive order yesterday go far enough? Some conservatives say, “NO!” And some conservatives are angry with EPA Administrator Scott Pruitt–fingering him as the reason why Trump’s executive order didn’t do enough. Specifically, the Paris climate deal is not mentioned. In December 2015 then-President Obama signed the Paris climate agreement/treaty that commits the nations of the world to lower carbon dioxide emissions (see Paris Climate Treaty Signed by Obama NOT Binding on U.S.). Carbon dioxide (CO2) is the stuff you exhale with every breath you take. An overabundance of it is supposedly warming up ole Mom Earth–catastrophically. Except it’s not. There is no empirical data that shows the earth is heating up–only doctored computer models. Satellite data shows the opposite, the average temp of Mom Earth is not heating up and hasn’t been for nearly 20 years. But facts aren’t what the Paris agreement was about. We can tell you what the agreement is about in two simple points: (1) transferring massive amounts of hard-earned wealth away from America to other countries, via a carbon tax; (2) banning the use of all fossil energy–asap. Critics of yesterday’s Trump executive order say it was a sterling opportunity to officially pull out of the Paris treaty, and Trump didn’t, because (they say) Scott Pruitt wants to run for governor of Oklahoma, or the Senate…
    Read More “Did Pruitt Hold Trump Back from Going Further re Climate Order?”

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    WV DEP Grants Mountain Valley Pipeline Water Crossing Permit

    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 FERC Gives WV to VA Mountain Valley Pipeline Provisional Thumbs Up). MVP had wanted a final Environmental Impact Statement by March 10th, but that didn’t happen. They’re still waiting. But there is a bit of good news for MVP: the WV Dept. of Environmental Protection yesterday issued a State 401 Water Quality Certification for the MVP project. However, there are still a couple of other WV permits under review, so MVP has not yet gotten the all clear signal in the Mountain State just yet…
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