Regulation

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    As the M&A World Turns: Williams Still Wants to Marry ETE

    As the World TurnsBoth Energy Transfer Equity (ETE) and Williams yesterday issued statements about their proposed/impending merger that say Form S-4 filed with the Securities and Exchange Commission (SEC) has been ruled “effective.” As we so often point out, we’re not Wall Street wizards. From what we can determine, an S-4 is a filing between companies that propose to merge. The SEC is (we think) saying that the proposed stock swap between ETE and Williams can move forward, when and if the merger closes. That is, the SEC is cool with the proposed plan to merge. ETE points out there are still roadblocks to such a merger, and Williams continues to press several lawsuits to force ETE into the merger they (ETE) wanted in the first place. Below we have yesterday’s statement about the S-4 along with ETE’s continued “but but but” statement. We also include some interesting and insightful analysis from a writer on the Seeking Alpha investors website…
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    PA Radical Enviros Blame Democrat Senator for Quigley Firing

    Jan Jarrett
    Jan Jarrett

    Jan Jarrett, former head of the radical Big Green group PennFuture and one of the people disgraced and fired John Quigley, former Secretary of the PA Dept. of Environmental Protection (DEP), colludes with to target Democrats who deign to disagree with his radical policies, is (surprise!) attacking Democrats who disagree with Quigley’s radical policies. Jarrett is accusing Democrat Sen. John Yudichak from Luzerne County, PA of “orchestrating…a vicious, successful smear campaign” against her “dear friend” John Quigley. What utter crap. Quigley and Jarrett are the ones who targeted people with a smear campaign. Quigley told Jarrett’s former employer PennFuture (and other Big Green groups) to get off their rear-ends (dropping the “f” bomb) and to do something about so-called “apostates” in the Democrat Party who are not supporting his wild and radical regulatory proposals (read the email here – Smoking Gun: Copy of the Email that Got John Quigley Fired). No doubt Sen. Yudichak had something to do with exposing the email sent by Quigley–FROM A PRIVATE ACCOUNT which is unethical in the extreme, perhaps illegal–to the light of day for all to see. But for Jarrett and others to blame Yudichak and target him for helping to expose Quigley’s unethical behavior is like a criminal blaming the victim for telling the truth about what happened…
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    Smoking Gun: Copy of the Email that Got John Quigley Fired

    smoking-gun.jpgIn the end, it was John Quigley’s own hubris that resulted in his demise as Secretary of the Pennsylvania Dept. of Environmental Protection. As we reported yesterday, last Friday Sec. Quigley suddenly resigned his position (see PA DEP Sec. John Quigley Resigns Over Email Collusion Scandal). Most media reports blame an email scandal as the primary reason for his dismissal. As one MDN reader wrote to us, how could Quigley be so stupid as to commit his remarks to an email? Why didn’t he just pick up the phone and call his buddies at Big Green radical groups to collude with them? Indeed. If he had, he might still have a job. Below we have a copy of the infamous email Quigley sent to PennFuture, PennEnvironment, and the Natural Resources Defense Council. In the email he drops the “f” bomb first thing–essentially a verbal slap across the faces of his Big Green buddies. He “encourages” them, like a Mafioso don, to extract payment for enviro “apostacy” from Democrats who dare to disagree with him and his radical enviro policies–and to “shame” Republicans. When you read it, you’ll know exactly why Quigley was FIRED by Gov. Wolf…
    Read More “Smoking Gun: Copy of the Email that Got John Quigley Fired”

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    OH Fractivists Want BLM to Extend Comment Period for Wayne NF

    Wayne National Forest
    Wayne National Forest – 60% of the mineral rights are privately owned

    The anti-drilling loons of Athens County, OH are at it again. ACFAN (The Athens County Fracking Action Network) along with other radicals like the Ohio Sierra Club, want the Bureau of Land Management (BLM) to extend a comment period on drilling operations that are due to begin in Wayne National Forest (WNF). We’ve previously written plenty about WNF, including the fact that 60% of the forest is privately owned and that the federal government has blocked those private citizens from accessing the oil and gas under their land going on 10 years now (see our WNF stories here). ACFAN also wants another freak show, er, a, public hearing–so they can parade themselves before the cameras one more time. Thing is, the BLM has already held public hearings. The BLM has accepted public comments–for YEARS. It’s time to end this nonsense and to allow fracking to begin on PEOPLE’S PRIVATE PROPERTY. Enough of these delay tactics by groups like ACFAN…
    Read More “OH Fractivists Want BLM to Extend Comment Period for Wayne NF”

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    PA DEP Sec. John Quigley Resigns Over Email Collusion Scandal

    John Quigley
    John Quigley – former PA DEP Secretary

    Last Friday the Pennsylvania Secretary of the Dept. of Environmental Protection (DEP), John Quigley, abruptly resigned. It was sudden and unexpected and came a few hours after Gov. Wolf’s administration announced it has launched an investigation into an email sent by Quigley using a private email account (same m.o. as Hillary) to several radically left environmental groups. He used a back channel to communicate with the groups, to avoid detection and future Freedom of Information Law requests. News reports say the email, which was sent in April, urged the enviro groups to mobilize and press for action to support the onerous so-called greenhouse gas regulations Quigley is trying adopt. Shortly after receiving the email, those groups, including Quigley’s former employer–the radical PennEnvironment–flew into action and began advertisements that support Quigley’s unpopular regulations. The ads targeted Democrats who are opposing the regulations. In other words, John Quigley colluded with PennEnvironment and other radical enviro groups. Whether the collusion was illegal or just unethical will be up to investigators (and perhaps prosecutors and the courts) to decide. It’s very good news–for drillers, landowners and all PA residents–that Quigley is now gone…
    Read More “PA DEP Sec. John Quigley Resigns Over Email Collusion Scandal”

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    PA DEP Drops $8.9M Fine Against Range Res. re Methane Migration

    Range ResourcesIn June 2015 then-Secretary of the Pennsylvania Dept. of Environmental Protection (DEP), John Quigley, slapped Range Resources with an $8.9 million fine–the largest such fine ever levied by the DEP (see PA DEP Slaps Range with Record $8.9M Fine for Methane Migration). Range’s enviro “crime?” Methane migration from a well in Lycoming County, PA. The DEP says the Range well, drilled in 2011, leaked methane since at least 2013 via an improperly cemented well casing, and the methane “contaminated the groundwater-fed wells of private water supplies, and a nearby stream.” Range and the landowner where the well is drilled say methane was in groundwater supplies long before Range drilled the well. Range fought the action tooth and nail, appealing the determination and fine to the PA Environmental Hearing Board (see PA DEP’s $8.9M Methane Migration Fine Appealed by Range Resources). Although the DEP is being hush hush, in early May the DEP dropped the fine and the case against Range…
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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…
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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…
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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…
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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

    propane storage at Seneca
    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

    Eric-Schneiderman.jpg
    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”