The Many Flaws with President Obama’s Clean Power Plan
Stephen Heins, an energy and regulatory consultant for a Wall Street firm, and former vice president of communication for Orion Energy Systems, is an occasional guest blogger here on MDN. Steve calls himself a “luke warmer” when it comes to the fairy tale that mankind is causing Mom Earth to toast. That is, he’s not convinced that man-kind is causing a catastrophic warming up, but he’s also not ruling it out. That’s OK, we forgive him. A lot of intelligent people believe in such things. At least he’s a skeptic! Steve recently penned an article that finds “several flaws” with President Obama’s so-called Clean Power Plan (which has been challenged in court by 29 states). The CPP outright kills coal, and it mortally wounds natural gas, as we’ve previously written (see Obama’s CPP Targets Not Just Coal, but NatGas for Termination). Steve’s article does more than find flaws, it shreds the CPP into tiny atoms of carbon…
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As a general rule and principle, local control over decisions that affect an entire community is a good thing. Our great country as founded gives precedence to individual freedom. However, what do you do when two neighbors disagree on an important, community-changing issue? Our founding fathers wrestled with this concept and crafted an ingenious solution. If everyone in a community voted on every issue, the founding fathers recognized such a system descends into mob rule. However, in order to preserve democracy and cherished individual freedom, people should have the right to vote. Instead of voting on every issue, the founders created a system where citizens vote for small groups of representatives who act as a buffer between the “mob” and common sense/fairness for everyone–people who dedicate their time to understanding issues, how their constituents feel about those issues, and then voting in accordance with their own conscience and findings. Such a representative democracy is called a republic, which is the political system we have in the United States (NOT a straight up democracy). Even among the layers of elected representatives (local, state, federal) there is a pecking order. The founders recognized there are certain rights and issues best decided and enforced on either the federal or state level, rather than the local level. Each local community (lets call it a township) does NOT have the right to craft its own constitution and confer rights on individuals, corporations, eco-systems or any other entity. Conferring of such rights is the purview of either the federal or state government–NOT a local government. For example, in every state in the union oil and gas development is regulated by the state–not by local entities. In some states, Pennsylvania among them, zoning can affect and influence oil and gas development–where it happens, when it happens–but not control how it happens. So what if a community decides to ban oil and gas development (or pipelines, or injection wells)–in other words, “whether” such an activity happens? Such a ban is illegal. Introducing zoning regulations that result in a de facto ban is also illegal–but it’s happening in pockets across the Keystone State. Perhaps it’s time to criminally charge local representatives who pass these illegal laws (laws that trample individual property rights guaranteed under the U.S. Constitution) under a PA law called “official oppression.” That’s what the Pennsylvania Independent Oil & Gas Association (PIOGA) is considering right now…
We’re not trying to beat a dead horse here with yet more coverage of last week’s PA Supreme Court ruling in yet another Act 13 case (see 
Last Friday the Pennsylvania Independent Oil and Gas Association (PIOGA) filed a letter with the PA Joint House Senate Committee on Documents asking them to NOT publish the Dept. of Environmental Protection’s (DEP) final Chapter 78a Marcellus Drilling regulations, citing last week’s PA Supreme Court ruling on Act 13 as the basis. As MDN previously reported, the DEP plans to publish the final regulations in this week’s Oct. 8 Pennsylvania Bulletin (see 
Over the years MDN has watched various threatened and endangered species get listed, which impacts drillers and midstreamers. Most notably in the northeast has been the northern long-eared bat (see 
Peters Township, the most populous township in Washington County, PA, is one of the seven selfish towns that sued the state over the zoning provisions in the Act 13 law, eventually winning at the PA Supreme Court level (see 
Yesterday MDN reported that the Pennsylvania Supreme Court has essentially gutted the rest of the Act 13 drilling law passed in 2012 (see 
Following up on yesterday’s Pennsylvania Supreme Court decision to eviscerate the rest of the 2012 Act 13 drilling law (see 
The Democrat-controlled Pennsylvania Supreme Court ruled yesterday in another (hopefully final) decision on the 2012 Act 13 Marcellus drilling law passed and signed by then-Gov. Tom Corbett. Four Democrat judges have just struck down more of Act 13, leaving not much left except the part that raises money and gives it away (called an impact fee, otherwise known as a severance tax). You will recall that seven selfish towns sued the state over the Act 13 law and it’s provision that would substitute a statewide, uniform and fair set of zoning ordinances for drilling in place of a patchwork, crazy quilt system of local ordinances for oil and gas drilling. These seven selfish towns wanted their own ordinances and sued, ultimately winning at the Supreme Court (see 
Last week the Baltimore Sun ran an article (a portion of which we picked up) that said “sources” were telling the Sun that the Maryland Dept. of the Environment (MDE) would miss a deadline to submit revisions to revisions of revisions of fracking regulations that will allow the state to begin fracking on or about October 1, 2017 (see 
Landowners from Bradford, Susquehanna, Wyoming and Lycoming counties (Pennsylvania) attended a rally in Harrisburg, at the Capitol, on Tuesday. They were there to lobby for and support passage of House Bill (HB) 1391, a bill that would guarantee landowners a minimum 12.5% royalty payment regardless of post-production costs. We have extensively covered this issue, which is causing a schism between landowners and drillers (see our most recent article: 
Something noteworthy is happening in southwest Pennsylvania. Landowners and pro-gas supporters are turning out at local hearings to support more drilling. Case in point: Range Resources had applied for a permit to build a drill pad near a local elementary school in Mt. Pleasant (Westmoreland County), PA. Moms Clean Air Force and other anti-drillers turned out to oppose the plan. A local town board meeting was packed to capacity. However, a majority of those packing the meeting were pro-gas and wore t-shirts with “Land Owners United” printed on them. Cool! About time our side began to turn up for these meetings to support the industry…
MDN is pleased to bring you another guest post from our very good friend Chris Acker. Chris is a geological engineer with an MBA. He grew up in the oil fields of Venezuela where his father, a petroleum engineer, was a drilling contractor for all the major players, onshore and off. Chris’ interest in energy economics and policy found him working for Exxon, Petroleum Industry Research Associates and Petroleos de Venezuela. He bought a parcel of land in the PA countryside twenty-five years ago and later semi-retired to work on antique pianos (see 
The legal beagles at the Norton Rose Fulbright law firm recently issued a post on their Hydraulic Fracking Blog with updates on five important bills currently before the PA House and Senate that will affect the Marcellus industry (drillers, midstreamers and landowners)–with details for what’s in the bills and the status for each bill. Likely the most controversial of the bills is House Bill (HB) 1391, which would guarantee PA landowners a 12.5% minimum royalty regardless of post-production costs. That bill is due for a procedural vote today. Other bills are in bottled up in various committees where they may or may not make it out for a full vote. The PA House is in session today, tomorrow, and then Oct 17, 18, 19, 24, 25, 26, and Nov 14, 15. That’s it–just 10 more days in session before the end of the year. The PA Senate is in session today, tomorrow, and then Oct 17, 18, 19, 24, 25, 26. Just 8 more days for the Senate. So whatever is going to happen must happen quickly. Here’s a rundown on the five important bills, including HB 1391 (“Amendments to Oil and Gas Lease Act”), HB 2275 (“Changes to Environmental Quality Board membership”), HB 2277 (“Amendment to Oil & Gas Act related to bonding requirements”), HB 2319 (“Amendment to Oil & Gas Lease Act”), and HB 2361 (“Pennsylvania Turnpike Right-of-Way Act”)…