PA Judge Temporarily Blocks Some DEP Chapter 78a Drilling Regs
On Oct. 8, after five years in the making, Pennsylvania adopted new shale drilling regulations (see PA’s New Chapter 78a Drilling Regs Go into Effect Oct 8). Although the regs were ready at the end of the Gov. Tom Corbett Administration, Corbett fumbled the ball and the regs didn’t get adopted, which left them vulnerable to the incoming left-leaning Tom Wolf. Wolf’s people mangled the regulations under the Dept. of Environmental Protection Dictator/Secretary John Quigley, who got fired over unethical collusion with Big Green groups. Some of the good stuff remained, but onerous new elements were introduced. The Marcellus Shale Coalition (MSC), which represents PA’s biggest shale drillers, filed an appeal in Commonwealth Court to block the most onerous aspects of the new regulations (see Marc. Shale Coalition Files Lawsuit to Block PA Chapter 78a Regs). When the court judge held a hearing on the matter, he was shocked the MSC didn’t call any witnesses (i.e. shale companies) adversely affected by the new regs (see Judge “Shocked” MSC Didn’t Present Witnesses @ Chapter 78a Hearing). However, that same judge yesterday decided the MSC has a case, at least with some of the new rules. So he has temporarily blocked some of the items the MSC objected to in its lawsuit, including rules governing freshwater impoundments…
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As MDN reported in 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
We’ve written plenty in the past about the PA-based radical anti-drilling group called CELDF–Community Environmental Legal Defense Fund (
The Sierra Club, which may have been founded for good reasons, long ago left the realm of sanity. Sierra Clubbers, as we call them, now live in an alternative universe where clean-burning natural gas and all fossil fuels are from the devil himself. The Clubbers have tried to get multiple LNG (liquefied natural gas) export facilities blocked on the theory that if you cut off the demand you can cut off the supply (i.e. end fracking of new wells). Yeah, crazy. But that’s what they’re trying. Lately they’ve tried to attack and bully both the Dept. of Energy and the Federal Energy Regulatory Commission. With legions of lawyers, they file frivolous lawsuit after frivolous lawsuit, hoping if they throw enough legal (ahem) feces against the wall, some it will stick. So far it hasn’t. One of the facilities the Sierra Club continues to fight against is Cove Point LNG in Maryland. They filed an appeal of a Dept. of Energy approval to allow Cove Point to export LNG to non-free trade agreement countries–namely Japan and India. Yep, the Sierra Club doesn’t want us to help out Japan or India. They’d rather have us help Saudi Arabia and Qatar, apparently. After the appeal went nowhere, the Clubbers have no sued in the uber-liberal D.C. Circuit Court of Appeals. Thing is, that very same court recently handed the Sierra Club a defeat in a similar case…
In May 2015 the Obama rogue Environmental Protection Agency (EPA) along with the Obama U.S. Army Corps of Engineers (USACE) released a finalized rule clarifying what “Waters of the United States” (WOTUS) means vis a vis what can be regulated under the federal Clean Water Act (see
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MDN has been reporting on the Ohio Dormant Minerals Act (DMA) for years. In a nutshell, there are two DMAs in Ohio–one passed in 1989 that went into effect in 1992, and another in 2006 which added certain additional procedural requirements to the 1989 version. The DMA in its various versions provides for mineral rights that had previously been separated from surface rights to transfer back to the surface owner under certain conditions. The problem, for drillers and for landowners in Ohio, is in knowing which set of DMA rules to use (1989 or 2006) in determining who owns the mineral rights. A number of DMA cases went before the Ohio Supreme Court. In May, Ohio attorney David Wigham (Roetzel & Andress law firm) said there are signs that the Supremes were about to release a massive, all-in-one-go ruling on the DMA (see
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This is not an electioneering site. We are not on the payroll of any candidate. We have tried to avoid most comments on the upcoming presidential election. You obviously know where our political sympathies lie, if you’ve read this site for any length of time. Below we bring you someone else’s words outlining, in succinct form, the energy positions and proposed policies of both Hillary Clinton and Donald Trump. When you read it, objectively, there is only one candidate who supports the oil and gas industry and is worthy of your vote next Tuesday, November 8th…
MDN reported on Monday of this week that we are down to the wire with passing Pennsylvania House Bill (HB) 1391, a bill that would guarantee a 12.5% minimum royalty payment for PA landowners (see