Regulation

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    Proposed VA Law Would Protect Frack Chemical Trade Secrets

    We have to chuckle. It was just two months ago, in November 2016, that Virginia Gov. Terry McAuliffe approved changes to environmental regulations that requires “mandatory disclosure of fracking chemicals, baseline water testing and monitoring, and spill prevention and response planning” (see Virginia Adopts New Frack Chemical Regs – Fracking to Begin?). In other words, drillers would have to disclose all fracking chemicals. While leftie Big Green groups love the new rules, the drilling industry set about to ensure trade secrets (exact combinations of chemicals) can’t be discovered by using Freedom of Information Act laws. Two new bills have already been introduced in the Virginia legislature this year–House Bill (HB) 1678 HB 1679 (copies below)–that will ensure trade secrets are kept safe. Big Green groups like the Southern Environmental Law Center are having a cow, claiming death and destruction await if the bills are passed…
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    Potter Twp Inches Closer to Approving Permits for Shell Cracker

    In December the Potter Township Board of Supervisors convened a public hearing on the proposed Shell ethane cracker plant–to be built in Potter Twp–that ended up going on for 10 hours (see Potter Twp Declines to Approve Permits for Shell Cracker, For Now). The intent was to approve Shell’s request for permits to begin construction on the multi-billion dollar ethane cracker plant. That didn’t happen. Instead, the supervisors decided to hold another hearing the following night. They did, and that hearing went for over an hour, in closed-door session. At the conclusion, the supervisors made a couple of requests from Shell, which Shell agreed to. However, the supervisors were still not ready to approve the permits and instead asked for more paperwork to be filed–by both Shell and the radical, anti-fossil fuel Big Green group Clean Air Council (from Philadelphia). The supervisors are certainly no rubber stamp for the cracker project. They are working hard to ensure area residents are protected when (not if) it gets built. But that’s not good enough for radical, anti-fossil fuel nutters who (irrationally) want nothing to do with natural gas. The supervisors held another meeting last night and a small group of antis attended with preprinted signs. One sign said “Deficient = DENY.” The other said, “Disaster Decision.” The first sign was flashed as supervisors tried to conduct their business. When the supervisors finally held a vote to ask the town attorney to draw up an official document to approve the cracker, the antis got mouthy (as they always do) and flashed the other sign. Amidst the shouting by antis, one supervisor asked for order in the room. One horse’s rear-end shouted, “Maybe the public wants disorder.” Here’s how it went last night…
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    EQT Wins Court Case Against PA DEP re $4.5M Wastewater Leak Fine

    In October 2014 the Pennsylvania Dept. of Environmental Protection (DEP) fined PA driller EQT $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. In fact, EQT says the DEP levied the fine and took EQT to court because a few weeks prior EQT had sued the DEP over a different matter. EQT appealed the fine and the case to PA Supreme Court and a year later 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. The work is done and EQT has won. 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. 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. This is a major victory for EQT and a reigning in of egregiously overzealous state regulators…
    Read More “EQT Wins Court Case Against PA DEP re $4.5M Wastewater Leak Fine”

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    USFWS Pulls the Trigger and Lists Bumble Bee as Endangered

    Rusty patched bumble bee

    As the ignominious rule of Barack Hussein Obama draws to a close on Jan. 20, government agencies that are part of the Executive Branch, like the EPA and the U.S. Fish and Wildlife Service (USFWS), continue to issue “midnight” rulings and edicts that will have tragic consequences–until Trump arrives and reverses it (hard to do, but not impossible). We’ve written before about the thuggish nature of USFWS. They are a (police) force unto themselves, kind of like the old East German Stasi. The USFWS is responsible for recommending and listing varies species, empowered to do so under the Endangered Species Act (ESA). They have WAY too much power under dictatorial rulers like Obama. On September 22, 2016 the USFWS published a proposed rule to list the rusty patched bumble bee (Bombus affinis) as “endangered” under the 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 “Endangered” Bumble Bee May Slow/Stop O&G Projects in Northeast). Well, with just a few days left in Obama’s reign of terror, they’ve pulled the trigger and done it. The USFWS has just listed the lowly bumble bee as endangered…
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    Maryland Democrat Lawmakers Continue to Torpedo Fracking

    Maryland is a lot like New York–populated with lefty liberals who love to tell other people how to live their lives. Maryland went through a years-long process, just like New York, and eventually released what would likely be the strictest drilling regulations in the nation, in late 2014 (see Fracking in Maryland (!) in 2015? Quite Possibly). On his way out of office, then-Gov. Martin O’Malley (a Democrat) published the regs and prepared the state to frack (see Maryland Gets Ready to Frack! Gov O’Malley Files New Regulations). But then the Maryland legislature passed a temporary moratorium which the newly elected Republican Governor, Larry Hogan, allowed to become law (see Maryland’s Pusillanimous Gov Allows Frack Moratorium to Become Law). Hogan and the Maryland Dept. of the Environment (MDE) returned with more tweaks which tightened the proposed regs even more–to the point no one would want to drill and frack anyway. But still the crazies objected (see Maryland Holds Hearings on Fracking, Crazies Turn Out to Complain). Maryland legislators, almost all of them liberal Democrats, want to ensure there is never any fracking in Maryland. So they’ve they’ve placed a “temporary” hold on new regulations that allow fracking. The new General Assembly kicked off its 2017 session yesterday, and while the House and Senate are quibbling over what to call it (a ban or a moratorium), one thing is clear: Maryland Democrat legislators are out to torpedo fracking in Maryland…
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    Obama’s DOE Secretary Politicizes Science on his Way Out the Door

    As is so often the case, when leftists/liberals claim they are doing one thing, it is, in fact, the opposite they are doing. Case in point: Obama’s Dept. of Energy (DOE) Secretary Ernest “hair” Moniz has released an 11th hour “scientific integrity” policy for the DOE that supposedly inoculates and protects “real” scientists who work for the agency from politics–allowing them to freely vomit their political, whoops, scientific views whenever and wherever they want, without fear of retribution or losing their job. What it does is to set up a situation where the incoming Trump Administration (specifically Rick Perry, the new DOE Secretary) are handcuffed to a bunch of leftists in the department–people who insist on the fairy tale of man-made global warming. If Perry wants to clean house, there will be weeping and wailing and gnashing of teeth, along with lawsuits that it violates agency policy. This is a typical sleazy move by the Obamadroids to dirty things up before they leave town–scorched earth policy. In case you think we’re engaging in hyperbole, the Union of (Liberal) Concerned Scientists are “thrilled” with the new policy. Need we say more?…
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    New Law Blocks Anti-Drilling Ballot Measures in Ohio

    Enough is enough. As MDN reported last June, anti-drilling zealots in Youngstown, OH filed a petition to place a frack ban resolution on the November ballot–for the 6th time (see Brain Dead: Youngstown Antis File Petition for 6th Frack Ban Vote). The petition held up, there were just enough signatures. And once again in November, as the five times that preceded it, Youngstown voters rejected the misnamed, so-called Community Bill of Rights ballot measure–yet another humiliating defeat for the PA-based Community Environmental Legal Defense Fund (CELDF) which is behind the measure (see Youngstown, OH Frack Ban Ballot Measure Defeated for 6th Time). The measure was voted down by an 11-point margin (i.e. landslide against it). The radicals of the CELDF are behind most, if not all, such measures throughout Ohio and Pennsylvania (see our CELDF stories here). Like the six times before, recalcitrant antis say they will try yet again, and keep trying. Except in Ohio they now won’t get that chance. Ohio legislators are heard the pleas of local municipalities that are spending big money (in legal fees) dealing with these patently illegal ballot measures. So the legislature passed House Bill (HB) 463 in December (full copy below)–a measure that says you can’t add a ballot measure (like home rule for oil and gas regulation) that expressly contradicts state law. Gov. John Kasich signed the bill on Jan. 4–meaning no more Youngstown ballot “Community Bill of Rights” measures on the ballot…
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    Bill Aims to Fix PA DEP Conflict of Interest re Penalty Revenue

    PA Sen. Scott Hutchinson

    Pennsylvania State Senator Scott Hutchinson says the PA Dept. of Environmental Protection (DEP) has a built-in conflict of interest. The DEP has broad powers of investigating and assessing fines and penalties on the oil and gas industry for violations of the rules the DEP itself makes. The icing on the cake is that the DEP gets to keep the money it levies in fines and penalties. Hmmm. You make up the rules, you get to aggressively enforce the rules, and then you get to keep the money that results. What’s wrong with this picture? Hutchinson says if you put someone else (the PA legislature, in this case) in charge of the money raised from the fines and penalties, that makes the situation a little more fair and balanced. We couldn’t agree more…
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    Williams Letter to FERC: Please Hurry Up Atlantic Sunrise Cert

    As MDN reported last week, on the last business day of 2016, the Federal Energy Regulatory Commission (FERC) issued a favorable final environmental impact statement (EIS) for one of the major pipeline projects in the Marcellus/Utica: the $3 billion Williams Atlantic Sunrise Pipeline project (see FERC Approves Atlantic Sunrise Pipeline! Cabot Grabs More Capacity). What’s left to do now? FERC must issue the final certificate that allows the company to start the backhoes and begin construction. Williams (under the subsidiary name of the Transco pipeline), sent a letter to FERC on Jan. 5 requesting FERC to issue that certificate no later than Feb. 16. Why? To “begin preparations to finalize federal and state permits as well as plan for construction to comply with restrictive environmental windows, specifically tree clearing within key habitat areas and installation through certain water bodies.” Williams/Transco has a lot to do in a short period of time if they are to keep this project on track for a mid-2018 launch. If they get the final certificate by mid-February they can clear trees by the end of the month and get ready for initial construction this summer. Williams plans to have at least some of the pipeline project up and running by the end of this year! And the rest by summer of 2018. So the letter (full copy below) is a “pretty please, would you hurry it up” request…
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    Eastern Shore Files with FERC to Expand Delmarva Pipeline

    In July 2016 MDN told you about a smallish, but important pipeline project in the Delmarva Peninsula area, which includes most of Delaware and portions of Maryland and Virginia. Eastern Shore Natural Gas’ 2017 System Expansion project will bring new sources of natgas from an interconnection Eastern Shore has with the mighty TETCo (Texas Eastern Company) pipeline near Philadelphia (see PA/MD/DE Pipeline Project Heats Up with Open House Mtgs This Week). Although Eastern Shore, a subsidiary of Chesapeake Utilities Corporation, ran a non-binding open season in 2015, and although they pre-filed for the expansion project in May 2016, they have only just filed a full, official application with the Federal Energy Regulatory Commission (FERC). Originally the project was slated to run ~33 miles of pipeline looping in PA, MD and DE. That number seems to have gone down, to 23 miles. Compressor upgrades and other pipeline will also be added. Chesapeake Utilities, the parent company, calls the project the single largest such expansion in Eastern Shore’s history, a project that will bump up gas delivery volumes by 25%…
    Read More “Eastern Shore Files with FERC to Expand Delmarva Pipeline”

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    Journal ‘Science’ Pimps Itself to the Democrat Party with Op-Ed

    Science, as in the storied journal, is supposed to be about, well, science. Instead, they’ve opened up their pages to politics. Not that Science hasn’t long been bastardized by and riddled with politics. But just like mainstream media was unmasked during this last election as being TOTALLY biased and willing to “shade” the truth (i.e. lie), Science is now unmasked. Barack Hussein Obama submitted an article to the journal about global warming, as an exercise in mass propaganda, to try and create the meme that he actually achieved great things related to energy while in office–i.e., his “legacy.” The opposite is true. In the Science article (below) Obama alludes to the rise of fracking as lowering carbon emissions, but he can’t even bring himself to actually refer to fracking or hydraulic fracturing in the article itself. That would tick off his radical base. The entire article is about global warming and how mankind is causing it–pure rubbish and non-science. But there you go. Our point is that it is now only too obvious that Science is to the scientific world what the National Enquirer is to the “news” world…
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    Obama EPA Signs One Final “Sue and Settle” Case Against O&G

    January 20th, when Donald Trump is inaugurated and decomposing swamps like the EPA get drained, can’t happen soon enough. However, before that date, the Obamadroids are doing everything they can to get their last digs in. One of them is the rogue, out-of-control Environmental Protection Agency, which will soon be swept clean by Scott Pruitt (delicious justice if ever there were some). We’ve written about the sleazy practice of “sue and settle” in the past–a practice whereby government agencies like the EPA get their friends in the radical environmental movement to sue them, then they quickly settle the case and say “See, we HAVE to do this because the court is making us do it.” Scott Pruitt knows all about that practice and it will stop on Jan. 20. But until then, the EPA continues to engage in it. The latest case they’ve just settled was brought by the odious National Resources Defense Council, Earthworks and a mishmash of other radical groups in May 2016 regarding an attempt to ban injection wells and stop landfills from accepting drill cuttings (see Enviro Nazis File Lawsuit to “Force” EPA to End Injection Wells). The EPA wants to once again eat away at the sovereignty of the states by regulating oil and gas drilling “wastes” using federal law (illegal under the U.S. Constitution). When was the last time you heard of a big lawsuit like this being settled in a matter of a few months? Yeah, never…
    Read More “Obama EPA Signs One Final “Sue and Settle” Case Against O&G”

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    Obama EPA Files to List NatGas Plants as “Toxic” Polluters

    In January 2015 a gang of nine far-left anti-drilling “environmental” organizations sued the federal Environmental Protection Agency (EPA) claiming the agency doesn’t require the oil and gas industry to spend big bucks to fill out reams of paperwork to prove it’s not polluting Precious Mother Earth with nasty chemicals (see 9 Anti-Drilling Groups Sue EPA Hoping to Damage the O&G Industry). The lawsuit was filed by the Environmental Integrity Project (better called the Environmental Dishonesty Project), Natural Resources Defense Council (NRDC), the Center for Effective Government, the Chesapeake Climate Action Network, Citizens for Pennsylvania’s Future (PennFuture), the Clean Air Council, THE Delaware Riverkeeper Network (i.e. Maya van Rossum), the Responsible Drilling Alliance, and Texas Campaign for the Environment. The lawsuit by the litigious gang of nine, as we said at the time, will provide cover and an excuse for the EPA. This is all scripted out and done in collusion with the Obama EPA. In October last year, the EPA announced that natural gas plants do qualify to be included in their so-called Toxics Release Inventory (TRI), a system that will require processing plants to fill out several trees’ worth of paperwork on an annual basis. The EPA decision made the antis orgasmic with delight (see PA Big Green Groups Elated: Latest EPA Sue-and-Settle Scam Worked). The Obama EPA, in a parting shot at the natural gas industry, just filed the official proposed rule (last Friday, copy below) that will make it happen. Fortunately the rule won’t go into effect until March 7, giving incoming EPA chief Scott Pruitt the opportunity to stop this nonsense…
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    VA County Approves Compressor Stn for Atlantic Coast Pipeline

    As MDN reported last week, area residents packed a small meeting hall in Buckingham County, VA for a five-hour marathon session to express their concerns about building a new compressor station in the county for the upcoming Atlantic Coast Pipeline (see Residents Pack County Bd Mtg re Atlantic Coast Compressor Stn). A number of those residents, working from misinformation, are opposed to the pipeline. Fortunately the Buckingham County Board of Supervisors, who have been researching the compressor station project for the past two years, saw through the misinformation and vitriol and voted to approve the project after the marathon session. That vote “incensed” some of the antis…
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    Towns Near Philly Collude with CAC to Block Mariner East 2 Pipe?

    Several townships in the Philadelphia orbit appear to be colluding with each other and with the Philadelphia-based Clean Air Council in passing nearly identical resolutions opposing the Mariner East 2 natural gas liquids pipeline. Eight townships or boroughs along or “close to” (meaning not along) the route in Delaware and Chester counties have published resolutions or proclamations badmouthing the project. The municipalities include: Edgmont, West Goshen, Thornbury, Middletown, Westtown, Rose Valley, Swarthmore and Media. Some of the self-incriminating evidence for collusion comes from an admission by one of them: “The community statements are similar to each other because of consultation between their leaders.” And this, from the odious Clean Air Council: “Alex Bomstein, a lawyer with the environmental group Clean Air Council, said that while there are other local campaign such as those in Lebanon and Huntingdon Counties, the efforts in Delaware and Chester Counties are more ‘developed’ in the Philadelphia suburbs. ‘There are more people organizing than elsewhere,’ he said, probably because of a greater population density closer to Philadelphia.” Why would the StateImpact Pennsylvania propagandist quote the CAC in the same article as the colluding towns, unless they were somehow tied together?…
    Read More “Towns Near Philly Collude with CAC to Block Mariner East 2 Pipe?”

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    Court Denies PA Senators Right to Join Lawsuit Against DRBC

    Last May MDN told you about a group of brave landowners in Wayne County, PA who have had their property rights stolen by the Delaware River Basin Commission (see Wayne County, PA Landowner Sues DRBC Over Fracking Ban). They filed a lawsuit against the DRBC asking a judge to declare the DRBC does not have jurisdiction to prevent construction of a natural gas well. Several northeastern PA counties (unfortunately) are located in the Delaware River Basin and the DRBC has steadfastly refused to allow them to drill any shale wells, citing concerns that the Delaware River supplies fresh water to millions downstream–even though they can’t explain how that water might get contaminated. A few months later, the DRBC’s best friend and patron, THE Delaware Riverkeeper, sued to join the lawsuit to help defend the inept DRBC (see Delaware Riverkeeper “Intervenes” to Protect its Patsy – the DRBC). In November, three PA senators filed to join the lawsuit on behalf of the landowners that they represent (see PA Senators File to Join Case Against DRBC Fracking Moratorium). Predictably, THE Delaware Riverkeeper sought to prevent the senators from joining the lawsuit. You see, it’s OK for Riverkeeper to participate as an outsider, but not OK for the Senators to participate to ensure the people they represent get represented in the lawsuit. That’s how it works in the world of enviro radicalism. Unfortunately, the court where the case is being heard sided with the radicals and has ruled the Senators have no right to represent the people they were elected to represent when it comes to a court case…
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