Regulation

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    NY AG’s Allegation of Tree Cutting by Constitution Pipe a Fraud

    Eric-Schneiderman.jpg
    NY’s arrogant AG – Eric Schneiderman

    The Attorney General of New York State, Eric Schneiderman, has been caught in a lie and he’s furiously backpedaling, trying to cover it up. On May 13 Schneiderman tried to pull a fast one by filing a complaint with the Federal Energy Regulatory Commission (FERC) requesting FERC investigate the Constitution Pipeline for illegal felling of trees along the pipeline’s path in New York State (see NY Attorney General Asks FERC to Investigate Constitution Pipe). Guess what. Tree’s WERE cut along the path–but not by the Constitution. Landowners who wanted to realize the most money from trees that will eventually be cut were cutting the trees ON THEIR OWN, without the help, consent, assistance, nor any form of aide from the Constitution. Schneiderman’s pathetic response? The Constitution should have known those stupid farmers would cut the trees and should have done something to stop it. What breathtaking arrogance…
    Read More “NY AG’s Allegation of Tree Cutting by Constitution Pipe a Fraud”

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    OH Manufacturers Support Eminent Domain in Mariner East 2 Lawsuit

    courtgavel.jpgLast week the Ohio Manufacturers’ Association (OMA), along with several other trade associations, filed a “friend of the court” brief (called an amicus brief, full copy below) in a case pending before the Ohio Seventh District Court of Appeals (in Youngstown). The OMA wants the Court of Appeals to uphold the ruling of a Harrison County trial court in the eminent domain case of Sunoco Pipeline v. Carol A. Teter, Trustee. OMA says eminent domain should be used in rare circumstances, but when no other choices remain, its use is legitimate and necessary. In particular, OMA is supporting Sunoco’s right to use eminent domain for the Mariner East 2 project–a project that will employ a lot of OMA businesses and their employees…
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    OH Court Sides with Town Against ODNR/Driller in Cleveland Suburb

    court-gavel.jpgIn January 2015 MDN highlighted an ongoing squabble near Cleveland, in Cuyahoga County, OH, between the Ohio Dept. of Natural Resources (ODNR) and the Ohio Oil and Gas Commission (OOGC) (see ODNR Appeals Decision Overturning Drilling Permit Near Cleveland). The ODNR is responsible for evaluating and issuing permits to drill oil and gas wells in the Buckeye State. The OOGC is the body that hears appeals from people who disagree with a permit issued by the ODNR. Such an appeal was filed for what we believed was a conventional (vertical only) oil well to be drilled in North Royalton, OH to Cutter Oil Company. It now appears the permit is for a horizontal shale well. No matter whether the well is vertical-only or horizontal, if the OOGC is allowed to overturn the permit because of nebulous and unspecific “safety concerns,” it sets a legal precedence, which is likely what the ODNR is trying to prevent with their appeal. That appeal has gone through several courts and on Tuesday the 10th District Ohio Court of Appeals sided with OOGC against ODNR in saying the ODNR didn’t take safety concerns into consideration…
    Read More “OH Court Sides with Town Against ODNR/Driller in Cleveland Suburb”

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    Lebanon Cnty Commissioners Forwarding Anti’s 1K-Page Tome to FERC

    Nattering NabobsWe wonder if the anti-pipeline/anti-fossil fuel zealots in Lebanon County, PA are trying to kill members of the Federal Energy Regulatory Commission (FERC) by boring them to death. The local antis–a small yet vociferous group of nattering nabobs–have hounded the Lebanon County Board of Commissioners into sending along a 1,000-page tome to FERC listing their concerns with two pipeline projects. Along with the bore-you-to-death document, the Commissioners have included a letter requesting FERC extend the comment period on the Atlantic Sunrise Project by an extra 30 days. Which sounds reasonable–except at the end of that 30 days the antis will ask for another extension, then another, and another. That’s the strategy. If you can’t dazzle them with brilliance, baffle them with, well, you know what…
    Read More “Lebanon Cnty Commissioners Forwarding Anti’s 1K-Page Tome to FERC”

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    Unusual: Full Court to Hear Case Against Obama Clean Power Plan

    court-gavel.jpgWe’ve written plenty about President Obama’s draconian, so-called “Clean Power Plan” (see our stories here). In a nutshell, Obama and his servile Environmental Protection Agency are attempting a massive federal takeover in how electricity gets generated–by requiring more electricity is produced by so-called renewable sources. They’re doing it through limiting carbon dioxide emissions from power generating plants. It puts coal out of business completely. But the dirty little secret is that Obama is also taking aim at natural gas too (see Obama Stabs Natural Gas Electric Plants in Clean Power Plan). More than half of the states have joined together to to stop the plan by filing a lawsuit. In a surprise move, the U.S. Supreme Court stopped the EPA from implementing the plan until the lawsuit brought by the states gets a full airing (see Supreme Court Shocker – Justices Halt Obama’s Clean Power Plan). The first step in the process of getting that airing happens at the U.S. Court of Appeals for the District of Columbia Circuit. In another move that surprised everyone, the DC District Court on Monday announced that the full court (9 of 11 justices) will hear the case and not the normal three-judge panel. Typically you start with three judges, and any decision can be appealed to the full court (which typically gets denied), and from there it goes to the U.S. Supreme Court. The DC court is removing a step so the process goes faster. Is that good (for those of us who believe this is unconstitutional), or bad? Depends on the news source you read…
    Read More “Unusual: Full Court to Hear Case Against Obama Clean Power Plan”

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    Albany Common Council Votes to Oppose Pilgrim’s (Pipeline) Progress

    Pilgrim Pipeline
    Pilgrim Pipeline – click map for larger version

    Last November, MDN told you about Pilgrim Pipeline Holdings, developing an East Coast pipeline to carry refined petroleum products such as gasoline, diesel, heating oil, and jet and aviation fuel northbound from Linden, New Jersey to Albany, New York (178 miles). In addition, a second Pilgrim pipeline will carry crude oil from Albany south to NJ and other locations. Two pipelines, side by side, liquids flowing through them in different directions (see Will Pilgrim Pipeline be Allowed to Settle in the NY World?). In April we told you about a strategy by New York anti-fossil fuel freakers to stop Pilgrim’s progress by using local town bans (see NY Antis Attempt to Stop Pilgrim Pipelines with Local Bans). Although it’s not a full-blown ban, the liberal Democrats who infest Albany, NY’s City Common Council voted on Monday night to approve a non-binding (i.e. toothless) resolution voicing their irrational opposition to the Pilgrim Pipeline project. Why? Because they view it as “an environmental risk” and a “public health hazard.” In other words, they have no reason why, other than to score political points with their base of crazy Democrat voters…
    Read More “Albany Common Council Votes to Oppose Pilgrim’s (Pipeline) Progress”

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    Wayne County, PA Landowner Sues DRBC Over Fracking Ban

    lawsuitSome great news to share. A landowner in Wayne County, PA–in the Delaware River Basin–has filed a lawsuit against the Delaware River Basin Commission (DRBC) asking a judge to declare the DRBC does not have jurisdiction to prevent construction of a natural gas well. MDN has chronicled, for years, the lawless actions of the DRBC in seizing power it does not have to block shale drilling in essentially two PA counties where there is measurable quantities of shale gas that could be extracted: Wayne County and Pike County. DRBC’s former director, Carol Collier, is a hardened anti-driller who colluded with Josh Fox in making his infamous propaganda film Gasland. Collier is gone and it was thought her replacement, Steve Tambini would bring some order and sense to the organization (see DRBC Selects Steve Tambini as New Leader, Enviro Groups Unsure). He’s been a dud–at least on the drilling issue. The DRBC has blocked drilling since it considered rules for drilling in 2010, when it put a “temporary” ban in place. Enough is enough. The Wayne landowner is arguing that oil and gas wells, under the DRBC’s charter, do not constitute a “project” that is regulated by the DRBC and therefore are exempt from oversight from the DRBC. Brilliant legal move! Here’s the details, including a copy of the lawsuit as filed…
    Read More “Wayne County, PA Landowner Sues DRBC Over Fracking Ban”

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    Stalled Seneca Lake Propane Storage Project Gets FERC Extension

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    Propane storage at Seneca Lake – click for larger version

    Some mildly good news for the much-needed propane storage facility proposed for Schuyler County, NY. MDN has extensively covered the fight to get the Seneca Lake Storage Project permissioned. In 2009 Inergy filed a request to convert a depleted salt cavern along the shore of Seneca Lake into a propane/natural gas storage facility. Inergy was later bought by and merged into Crestwood Midstream, and Crestwood Midstream later became Crestwood Equity. The New York Dept. of Environmental Conservation has been sitting on its hands from the beginning, refusing to grant the necessary permits to allow the facility to open. Sound familiar? Same old delay and later deny strategy from Cuomo. Since the DEC is completely dysfunctional at this point, the Federal Energy Regulatory Commission (FERC), which is involved with approving the facility, has granted a two-year extension to Crestwood (and Crestwood subsidiary Arlington Storage Company) to give them more time to woo, cajole, entice and do whatever they can to get the DEC off it’s rear-end. Of course the FERC extension has sent the crazies protesters, like Sandra Steingraber, into orbit…
    Read More “Stalled Seneca Lake Propane Storage Project Gets FERC Extension”

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    Penn Twp Commissioners Block Apex Shale Well Request in 3-2 Vote

    Apex Energy logoLast month MDN told you that the Penn Township (Westmoreland County) zoning board refused to grant a permit to Apex Energy to build a DEP-permitted well pad in the town (see Penn Twp Blocks Apex Energy Well Pad Request, What Next?). Last night the town board followed suit also voted to deny the request in a close vote: 3-2. As we previously mentioned, last year a group of anti-drillers took Apex to court to stop drilling on two wells, with the town backing them. Apex’s lawyers roared that the company was losing $70K per day by not drilling, threatening to sue. The town backed down, and Apex drilled the wells. We’re hoping for a repeat…
    Read More “Penn Twp Commissioners Block Apex Shale Well Request in 3-2 Vote”

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    NY Attorney General Asks FERC to Investigate Constitution Pipe

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    NY AG Eric Scheniderman

    Apparently the lawless attorney general of New York State, Eric Schneiderman, suspected Williams would sue the state over the Constitution Pipeline (see today’s lead story). In anticipation of such a lawsuit, last Friday Schneiderman sought to provide the corrupt Gov. Cuomo and his corrupt Dept. of Environmental Conservation (DEC) with political cover by demanding a federal investigation into the Constitution Pipeline. Schneiderman petitioned the Federal Energy Regulatory Commission (FERC) accusing Williams of (gasp) cutting down some trees along the pipeline route before New York’s dictatorial governor granted his “Mother, May I?” permission to do so. The petition/request is a not-so-transparent attempt to smear the Constitution project and deflect attention away from the lawless way in which the state has acted in not allowing this federally-approved project from advancing. In this case the feds trump the state–and that very issue will now play out in court…
    Read More “NY Attorney General Asks FERC to Investigate Constitution Pipe”

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    CO2 Emissions Will Go Up 33% Despite Paris Summit, Obama Bluster

    cigarYou may recall a few months back when President Barack Hussein Obama signed the Paris climate treaty, referred to as COP21. As we wrote at the time, the treaty is not binding on the U.S. because it’s not been ratified by the Senate (see Paris Climate Treaty Signed by Obama NOT Binding on U.S.). Nice try O. Close, but no carbon-emitting cigar for you. The treaty aims to force the countries of the world to subjugate themselves and their national sovereignty to the United Nations, who will impose draconian steps to lower the amount of carbon dioxide (the stuff you breathe out with every breath you take) in an idiotic attempt to solve man-made global warming. We know we know, global warming doesn’t exist. But you can’t tell that to people with closed minds. Here’s the thing: Obama’s own executive branch in the form of our favorite government agency–the U.S. Energy Information Administration (EIA)–has just released a report that says even with COP21 the amount of carbon that will be emitted into the atmosphere by 2040 will go up at least one-third! Why? Because the countries outside of the group signing COP21 have absolutely no plans to shoot themselves in the head and will continue to belch out carbon as fast as they can. So yes, COP21 was futile and meaningless…
    Read More “CO2 Emissions Will Go Up 33% Despite Paris Summit, Obama Bluster”

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    NY DEC Calls Propane Fracking “Unique Technology”; Wants More Info

    LPG Fracturing
    LPG Fracturing – Click for larger version

    It only took nine months, but the New York Dept. of Environmental Conservation (DEC), which moves like a glacier, has finally responded to a request by a group of farmers in Tioga County, NY to use propane fracking technology (also known as LPG fracturing or “liquefied petroleum gas”) on a shale well. Last July a group of landowners flying under the name of The Snyder Farm Group (five families make up the group) contracted with Tioga Energy Partners (based in Texas) to drill a fracked Utica Shale well, and follow it up with drilling a fracked Marcellus Shale well, using liquefied petroleum gas (LPG or propane) and sand (see NY Landowners File to Frack Horizontal Well w/Waterless Tech and NY Heroes: More Details on NY Propane Fracking Proposal). The wells will not use water for fracking–and therefore, according to the landowners, avoid the ban on high volume fracking recently imposed by Andrew Cuomo. It’s just coming to light that last month the DEC issued a “notice of incomplete application” for the proposal (see a copy below) and requested more information on things as truck traffic, how long it will take to frack, the type of storage tanks that will be used, etc. This is more Cuomo tried and true delay as long as you can, then delay some more. It’s always worked so well for the corrupt Cuomo, why not keep doing it? Here’s the details…
    Read More “NY DEC Calls Propane Fracking “Unique Technology”; Wants More Info”

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    Antis Want FERC to Use Communism Instead of Capitalism

    Command and ControlA general warning and heads-up on the newest/latest attack in the Federal Energy Regulatory Commission (FERC). Well, maybe it’s not all that new–it’s been going on for a few years–but the intensity and pace of the attacks have picked up. We’re talking about the argument being made by anti fossil-fuelers that FERC doesn’t, by law, consider all pipelines when it evaluates a single pipeline–i.e. “cumulative effects.” For example, if three different pipeline requests for the same region are filed with FERC, FERC does not have the authority to decide only one of the three is really “needed” and that building all three would be “overbuilding.” FERC evaluates them one by one and (properly so) and lets the free market (i.e. capitalism) decide which one(s) will get built. FERC is not in the business of Communistic command-and-control decisions over private companies. FERC’s concern is that a given, single pipeline project doesn’t harm the environment and shows a need. Period. Antis, detecting an opportunity, want to force FERC, either by social pressure or by the courts, to take into consideration larger regional concerns–and even mythical global warming concerns–before making decisions. Here’s the latest example, from Virginia…
    Read More “Antis Want FERC to Use Communism Instead of Capitalism”

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    EPA Does it Again: Tries to Destroy O&G with New Methane Rule

    EPA-logo.jpgYesterday the federal Environmental Protection Agency–a rogue agency that is out of control and drunk on its own power (and needs reigning in)–issued more shale-killing regulations, designed to suppress the very revolution that has kept the United States out of an economic depression despite Obama’s wild spending spree. The EPA issued 600 pages of new regulations that require drillers to install expensive new equipment to locate so-called fugitive methane that may or may not be leaking from wells, pipelines, etc. And if they find such microscopic amounts of methane, they need to capture it. All in the name of preventing non-existent man-made global warming. What a lark. But it’s no laughing matter. You can tell it’s a bad regulation because the oil and gas industry has lined up against it, and radical, leftist environmental groups have lined up to support it. They should–they helped create it…
    Read More “EPA Does it Again: Tries to Destroy O&G with New Methane Rule”

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    Williams Pre-Files with FERC to Expand Transco Pipeline in PA, NY

    Transco Northeast Supply Enhanacement Project map
    Transco Northeast Supply Enhanacement Project map – click for larger version

    Williams’ Transcontinental Gas Pipe Line Company (Transco) has asked the Federal Energy Regulatory Commission for permission to begin the pre-filing process on a new project, called the Northeast Supply Enhancement project. The new project is meant to increase pipeline capacity and flows heading into northeastern markets. In particular, Transco wants to provide more natural gas to utility giant National Grid beginning with the 2019-2020 heating season. National Grid operates in New York City, Rhode Island and Massachusetts. The Northeast Supply Enhancement project would build 10 miles of new pipeline in Lancaster County, PA (laid next to three existing pipelines, in the same corridor). It would also require 22 miles of new offshore pipeline located in New York Bay. A new compressor station would be built in Somerset County, NJ along with other upgrades, including an added compressor unit at a plant in Chester County, PA…
    Read More “Williams Pre-Files with FERC to Expand Transco Pipeline in PA, NY”

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    Partisan PA Anti Groups in Urge Support of Onerous New DEP Regs

    PA DEPTwo more partisan organizations in Pennsylvania are publicly supporting PA Gov. Tom Wolf’s proposed redo of drilling regulations–regulations that threaten conventional and unconventional drilling in the state. The fact that the radical PA Trout Unlimited and the League of [Liberal Democrat] Women Voters of Pennsylvania are supporting the Dept. of Environmental Protection’s update of Rule 78 and 78a is all you need to know about just how bad a proposal it is. These groups join other anti-drilling groups in supporting the new rules (see PennFuture “Lauds” PA Vote to Accept Onerous New Drilling Regs). Wolf hopes by having such groups publicly endorse the changes, he can force it through…
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