Obama’s Disastrous Clean Power Plan Goes to Court Today
We’ve written plenty about President Obama’s so-called Clean Power Plan (CPP), introduced last summer, a plan to force electric generators to convert to using more “renewable” sources of energy–and less fossil fuels (see Obama Stabs Natural Gas Electric Plants in Clean Power Plan). The CPP outright assassinates coal powered generation, and wounds (but doesn’t kill) natural gas. It is Obama’s attempt at picking winners and losers in who and how we get our energy. We all saw how that worked out with Solyndra. Earlier this year 29 states and state agencies, including Ohio and West Virgina, filed an application with the U.S. Supreme Court seeking an immediate stay of the CPP (see 29 States Ask Supreme Court to Stop Obama Clean Power Plan ASAP). In a shock decision, the Supreme Court did just that (see Supreme Court Shocker – Justices Halt Obama’s Clean Power Plan). Today the enormously complex CPP gets its day in court. The Court of Appeals for the District of Columbia Circuit will hear arguments from 16 lawyers (egads!) in a marathon session that will run for nearly four hours. Here’s a bit more about what to expect today, and in the days ahead, for this disastrous regulation forced on the American population by a dictatorial El Presidente…
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Yet another desperate attempt by radical environmentalists to stop the much-needed PennEast Pipeline from getting built. Yesterday the New Jersey Conservation Foundation (NJCF) and Stony Brook-Millstone Watershed Association (SBMWA) asked (more liked begged) the Federal Energy Regulatory Commission (FERC) to withdraw the PennEast application, something called a “no alternative” action, and just let it die a stillborn death. Their argument to FERC seems to rely on the old tactic of “if you can’t dazzle them with brilliance, baffle them with bull$#@!.” Because a few sympathetic rads exist within government agencies like the EPA and Fish & Wildlife Service, and because those agencies were co-opted into sending negative comments about the project to FERC, the radicals at NJ Conservation and Stony Brook Watershed tell FERC it’s best just to scrap the whole thing. No sense in continuing. Move along–nothing else to see here. A nice try at bamboozling FERC, but it’s an agency wise to such deceptions…
Last Friday MDN ran a guest post from an executive who works for a Pennsylvania exploration and production company (E&P, what we call a “driller” here on MDN). In the post, titled 
Natural gas-fired electric plants are a really big deal throughout the Marcellus/Utica region. Each time one of these plants gets built, it injects upward of $1 billion (or more) into the local and regional economy, creates 500 or more temporary jobs and 25-30 permanent jobs. And the gas it uses…oy vey! They are an important new customer for the abundant supplies of natural gas we have. So it’s a big deal when a new plant gets announced, and then, when that plant gets officially approved. Last October (nearly a year ago now) Advanced Power Services announced they want to build a second mega-electric generating plant that taps into and uses Ohio’s Utica Shale. The new plant will generate a whopping 1,100 megawatts of electricity and be located in Columbiana County, OH (see 
Running a bulldozer a few feet into a swamp–without written permission–can land you in a lot of hot water. That’s what Spectra Energy is learning following such an incident. Well, we don’t know if it was actually a bulldozer or not, but here is what we do know. On August 28, 2016, Algonquin Gas Transmission (a Sepctra company) experienced a break in the drill stem while attempting the pullback of a 5,000-foot-long HDD (horizontal directional drill) along the Hudson River in New York. The work being done is for Spectra’s Algonquin Incremental Market (AIM) Project. The Federal Energy Regulatory Commission (FERC) had an on-site Compliance Monitor, and that person WAS informed that Algonquin believed the break was within a wetland (i.e. swamp) adjacent to the drill entry side, and that Algonquin would like to “excavate the wetland” which includes removing a few trees, to access the drill stem. The Compliance Monitor (sort of like the old Soviet political officer) told Algonquin that he needed more information before taking such an action. Then it all gets muddled. Algonquin says it was a misunderstanding, and the FERC Compliance Officer says they ignored him (our interpretation of what’s being said). At any rate, the upshot is if Algonquin had waited for the written permission slip from the political officer, er, a, Compliance Monitor, there wouldn’t be a story. But Algonquin went ahead, encroaching on about 381 square feet of swamp–about the size of an average living room. And because of it, FERC has rained down hell fire on Algonquin…
Maya van Rossum, who is THE Delaware Riverkeeper (the river’s mamma), got 182 of her friends, whom she calls “organizations” to sign a letter and sent it to the U.S. Senate demanding (she always demands, never politely asks) for hearings into the Federal Energy Regulatory Commission (FERC). Why? Because they’re actually doing their job–and that just can’t stand. Instead, she wants FERC shut down so no new pipeline projects will get approved. That’s the only acceptable outcome for Mamma Maya. She alleges that FERC is misusing its power under the federal Natural Gas Act. One of Mamma Maya’s friends, CORNball Paul Gierosky (cofounder of COalition to Reroute Nexus, or CORN) says: “FERC is corrupt and needs to be reformed.” What hubris…
One of the interesting tidbits to come out of yesterday’s first day of the Shale Insight conference in Pittsburgh was an off-the-cuff remark from Pennsylvania Gov. Tom Wolf’s special assistant for infrastructure, Yesenia Bane, who said that Gov. Wolf is “willing to talk” with New York Gov. Andrew Cuomo to ask him to approve the Williams Constitution Pipeline project in the Empire State. Bane said Wolf has met with Williams and other stakeholders in the Constitution project, and apparently Wolf was impressed enough that he’s willing to add his own voice to those calling for an approval of the Constitution. Democrat on Democrat. Mano a mano. Should be interesting, if Wolf ever gets up the nerve to do it…
Maryland is supposedly working on revisions to revisions of revisions of fracking regulations that will allow the state to begin fracking on or about October 1, 2017. At least, that’s the theory. There has been some evidence that work is actually getting done to revise the revisions already released by former Gov. Martin O’Malley. In June the Maryland Dept. of the Environment held public hearings where anti-drilling nutjobs paraded around spreading lies about how fracking will kill ya (see 
You did know that it’s not only the Obama EPA that routinely overreaches by issuing draconian regulations, right? Other Obama agencies, like the Dept. of Labor (DOL), are also guilty of draconian overreach. On May 18, 2016, the DOL published new changes that affect who is and who is not exempt from charging overtime. With the wave of the DOL’s magic wand they doubled the minimum salary necessary for white collar jobs to be “exempt” from overtime. That is, if you now earn a salary below $47,476 annually (or $913 per week), and if you work more than 40 hours a week, it doesn’t matter what your job is–you will be owed overtime for any hours over 40. Which may sound just dandy. Except if your company can’t afford to pay it, you’re about to get laid off, fired or otherwise put out to pasture. Tell me again how much Obama loves me. Employers have until December 1st to figure out what the heck to do, and how to comply, with these draconian new regulations. The legal beagles at law firm K&L Gates have put together a handy guide to help…
The Federal Energy Regulatory Commission (FERC) has given a preliminary thumbs up to the Mountain Valley Pipeline, 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 last October, is being built by EQT, NextEra Energy and several other partners (see