Regulation

Anti-Drilling/Fossil Fuel | Energy Services | Industrywide Issues | Litigation | PennEast Pipeline | Pipelines | Regulation

THE Delaware Riverkeeper Sues FERC, Tries to Close it Down
March 4, 2016March 4, 2016

Maya van Rossum – THE Delaware Riverkeeper

We thought radical leftists, like Maya van Rossum aka THE Delaware Riverkeeper, loved the heavy hand of Big Government. It appears she and her ilk only love CERTAIN Big Government agencies, like the federal EPA–those they can influence toward their radical anti-fossil fuel agenda. THE Delaware Riverkeeper is attacking a government agency–the Federal Energy Regulatory Commission–the agency charged with reviewing and approving (or not approving) interstate pipeline projects. Maya and company sued FERC on Wednesday with the sole purpose of shutting down the entire agency by defunding it. Delaware Riverkeeper filed their lawsuit against FERC in U.S. District Court for the District of Columbia–one of the most liberal jurisdictions across the country. The lawsuit claims FERC can’t objectively make decisions about projects like the Penn East Pipeline (running from the Wilkes-Barre area to New Jersey) because FERC derives some of its operating revenue from the projects it either approves or does not approve. That’s its rationale for attempting to shut down an entire agency of the federal government. This is Riverkeeper’s last ditch “Hail Mary” effort to stop the Penn East Pipeline project…
Read More “THE Delaware Riverkeeper Sues FERC, Tries to Close it Down”
Hydraulic Fracturing | Industrywide Issues | Pennsylvania | Regulation | Statewide PA

PA DEP On Course to Jam New Regulations Down Drillers’ Throats
March 4, 2016March 4, 2016

In January, MDN told you that the Pennsylvania Dept. of Environmental Protection (DEP) finally pushed out new drilling regulations, required under the 2012 Act 13 law (see PA DEP Issues “Final” New Drilling Regulations; Industry Pushback). The new regulations were already done and ready to be adopted–and then radical leftist Tom Wolf took office and decided to put his own environmentalist fingerprints all over the regulations–ruining them. The industry is pushing back. Not at stricter controls here and there, but against superfluous and stupid requirements that cost a lot of money but don’t make the environment (or people) safer. Last month we told you that the DEP continue to keep secret some of the parts of the new regulations (see PA DEP Sec. Quigley Keeps Secret Key Part of New Drilling Regs). That’s shifty. Sneaky. Sleazy. So what’s the status? During an education presentation last week in Murrysville (Westmoreland County), PA, DEP deputy secretary for oil and gas management, Scott Perry, said the DEP will push through the new regulations as written. In other words, open wide drillers, here it comes…
Read More “PA DEP On Course to Jam New Regulations Down Drillers’ Throats”
Energy Services | Industrywide Issues | Kentucky | Landfills | Regulation

Local Residents Demand KY Landfill Accepting Frack Waste Close
March 3, 2016March 3, 2016

On Tuesday MDN told you about Marcellus and Utica Shale waste (concentrated drill cuttings) that were illegally dumped in a Kentucky landfill (see Marcellus/Utica Frack Waste Illegally Dumped in Kentucky Landfill). We have an update. Tuesday night a crowd of 300+ local residents, up in arms over the possibility of high levels of radiation that might potentially leak from the landfill, which sits across the street from a school, called on local officials to shut down the landfill. Although the local officials didn’t take action at the meeting, they did say they have “no problem” shutting it down if it’s found there was foreknowledge they accepted the waste. The operator of the landfill, Advance Disposal, claims they were lied to about what was in the loads they accepted. In other words, the fingers have come out and are all pointing at the other party…
Read More “Local Residents Demand KY Landfill Accepting Frack Waste Close”
Industrywide Issues | Jobs | Pennsylvania | Regulation | Statewide PA

PA Gov. Wolf Refuses to Let DEP Hire People–When Money is There
March 2, 2016March 2, 2016

Yesterday Pennsylvania Dept. of Environmental Protection (DEP) Secretary John Quigley was grilled by PA lawmakers as to why his department continues to be understaffed–when there’s money earmarked to hire new people. Quigley’s roundabout answer? His boss, Gov. Tom Wolf, won’t let him hire anyone new, using the excuse that last year’s budget is not finalized. The radically partisan Wolf continues to use the budget as a political weapon against Republicans. But here’s the thing–the money to hire new DEP personnel is already there, raised from fees assessed on drillers or transferred from the federal government. The money required for hiring many of the new people for the DEP isn’t part of the general fund. Yet Wolf won’t let Quigley hire, sleazily trying to spin it as a “Republicans won’t pass the budget” excuse. Shame on Wolf for lying about what he’s doing. Quigley was on the hot seat yesterday, and Republican legislators didn’t hold back, telling Quigley to quit whining and to start owning his own mess…
Read More “PA Gov. Wolf Refuses to Let DEP Hire People–When Money is There”
Energy Services | Industrywide Issues | New York | Pipelines | Regulation | Spectra Energy | Statewide NY

Gov. Cuomo Asks FERC to Halt Algonquin Pipeline Near Nuke Plant
March 2, 2016March 28, 2016

Spectra Energy’s Algonquin Incremental Market (AIM) pipeline project is an $876 million expansion of the existing Algonquin pipeline system that will carry 342 million cubic feet of natural gas per day to New England states that badly need the gas. On March 3, 2015 the Federal Energy Regulatory Commission (FERC) issued their final approval for the project, allowing it to go forward. Construction began last year and continues now, with a target in-service date later this year. That is, until New York Gov. Andrew Cuomo stepped in. Cuomo sent a letter on Monday to FERC (copy below) asking FERC to stop construction of AIM because the proposed pipeline path takes it right next to a “troubled” nuclear power plant along the shoreline of the Hudson River. Cuomo says he’s concerned about the drilling that will take place, being so close to a plant that has ongoing issues. Will Cuomo once again stop a natural gas pipeline from being built? Cuomo refuses to allow the state Dept. of Environmental Conservation issue stream crossing permits for the FERC-approved Constitution pipeline, and now he’s trying to screw a second pipeline from being built. If you ask us, this is getting out of hand…
Read More “Gov. Cuomo Asks FERC to Halt Algonquin Pipeline Near Nuke Plant”
Energy Companies | Energy Services | EQT Corp | Industrywide Issues | Pipelines | Regulation | Statewide WV | West Virginia

Bill Allowing Surveyors Private Property Access Fails in WV Senate
March 2, 2016March 2, 2016

In June 2014 EQT and NextEra US Gas Assets formed a joint venture to build a 330-mile pipeline from Wetzel County, WV to the Transco Pipeline in Pittsylvania County, VA to deliver abundant, cheap Marcellus and Utica Shale gas to markets throughout the southeast (see EQT Announces New Marcellus/Utica Pipeline to Southeastern US). The project is called Mountain Valley Pipeline (MVP). A number of West Virginia landowners objected to MVP and would not let surveyors on their property, so MVP (i.e. EQT and NextEra) threatened to sue the landowners claiming eminent domain laws to enter their properties (see WV Landowners Say They’re Bullied by Mountain Valley Pipeline). A month later they did sue (see Mountain Valley Pipeline Sues 103 WV Landowners for Survey Access). But it takes a long time to sue individual landowners in hundreds of cases. So somebody talked to somebody and a bill was introduced in the WV Senate this year, Senate Bill (SB) 596–which would allow surveyors to enter private properties to do survey work as long as a notice was sent by certified mail ahead of time. No doubt the bill was in response to the ongoing, thorny issue of surveying for MVP. The bill passed out of committee with a split vote. But the bill was voted down by the full Senate…
Read More “Bill Allowing Surveyors Private Property Access Fails in WV Senate”
Forced Pooling | Industrywide Issues | Regulation | Statewide WV | West Virginia

WV Forced Pooling Bill Headed for 5th Defeat in 6 Years
March 1, 2016March 1, 2016

Although the drilling industry in West Virginia had high hopes that “this was the year” a forced pooling bill would be passed–the latest attempt has once again gone down in flames. Each year the WV legislature meets for a 60-day period at the beginning of the year. Tomorrow (Wednesday) is the 50th day and the last day for a bill to advance out of the house of origin if it’s to be considered by the full legislature–what is known as “crossover day.” House Bill (HB) 4426 is this year’s forced pooling bill, introduced on Feb. 5 (see WV Forced Pooling Bill HB 4426 Introduced – Debate Rages). HB 4426 has until tomorrow to be reported out of committee. It’s not going to happen, meaning it cannot, under the rules of the legislature, be considered for a full vote. The West Virginia Oil and Natural Gas Association sounds rather pessimistic about trying again in the future…
Read More “WV Forced Pooling Bill Headed for 5th Defeat in 6 Years”
Hydraulic Fracturing | Industrywide Issues | New York | Regulation | Statewide NY

Sad Anniversary – New York State Fracking Moratorium
March 1, 2016March 1, 2016

A very brief note to observe something we noticed while working away this morning on stories of interest. We noticed on the sidebar of MDN that the fracking moratorium in New York State has been in place for 7 years, 7 months, 7 days and 7 hours. A somber anniversary. We grieve for our once great state–the Empire State.
Industrywide Issues | Regulation | Wastewater

Antis React to Coast Guard Barge Announcement as Bad Thing – Huh?
February 29, 2016February 29, 2016

Last week MDN brought you the sad news that the U.S. Coast Guard has caved to political pressure from The White House to withdraw a plan that would allow frack wastewater to be barged (see Coast Guard Caves to Political Pressure, No Wastewater Barging). The lame excuse used by the USCG is that they will approve such barge shipments on a “case by case” basis. Since they haven’t approved a single case, it means there will be no barging–not any time soon, if ever. Barge operators agree and said the decision by the USCG “effectively blocks” future barging of frack wastewater. So it was with some surprise when we spotted a press release from a group of anti-drilling zealots from the Ohio River Valley complaining about the USCG decision. Apparently they read the decision and concluded the USCG intends to move forward with allowing barge shipments. As usual, they’re wrong…
Read More “Antis React to Coast Guard Barge Announcement as Bad Thing – Huh?”
Industrywide Issues | Regulation

EPA’s McCarthy Addresses O&G Industry: Arrogant, Clueless, Both?
February 26, 2016February 26, 2016

Federal Environmental Protection Agency (EPA) Administrator was invited and to her credit showed up at IHS’ annual CERAWeek conference earlier this week–a gathering of energy companies (particularly oil and gas companies). She gave the opening plenary speech and following that speech she was interviewed by IHS Vice Chairman Daniel Yergin. In response to a question about EPA regulation of the oil and gas sector, she said the EPA, “doesn’t regulate the oil and gas sector the way we do other sectors.” Does she REALLY believe that? If she does, she’s even more clueless than we thought. The Gas Processors Association isn’t having any of it. They responded with a prime statement…
Read More “EPA’s McCarthy Addresses O&G Industry: Arrogant, Clueless, Both?”
Energy Services | GreenHunter Resources | Industrywide Issues | Regulation | Wastewater

Coast Guard Caves to Political Pressure, No Wastewater Barging
February 25, 2016February 25, 2016

What a major shame and disappointment. The Obama bullies have gotten to the U.S. Coast Guard (USCG) and convinced the once-proud protector of our waterways to withdraw a proposed policy they previously floated in 2013 to allow frack wastewater to be shipped on barges down rivers, like the Ohio. The USCG has officially withdrawn their previously published draft policy–a policy that never went into effect–and says drillers and barge operators can still potentially barge wastewater–but it will be on a case by case basis (they’ve yet to approve a single case). Lots of red tape and hoops to jump through, making it virtually impossible to get a shipment approved. It was one year ago this month that a controversy erupted when GreenHunter Resources said an existing USCG regulation from 1987 already grants them the right to barge produced water–i.e. brine, or the water that comes out of the hole long after frack wastewater or flowback is done coming out. The USCG disagreed (see GreenHunter/Coast Guard War of Words — MDN Explains It). GreenHunter kept up the pressure and said they would begin brine shipments without authorization from the USCG (see GreenHunter to Coast Guard, We’re Barging While You Fiddle Around). It is unclear to MDN whether or not that ever happened–we don’t believe GreenHunter ever did send a brine shipment via barge. What happens now? Can GreenHunter and others potentially barge brine “case by case”?…
Read More “Coast Guard Caves to Political Pressure, No Wastewater Barging”
Anti-Drilling/Fossil Fuel | Industrywide Issues | Pennsylvania | Regulation | Statewide PA | Taxation

PA Gov. Wolf Bans Leases on State Land & Busts DCNR Budget
February 23, 2016February 23, 2016

What happens when anti-drilling lib Dems, like PA Gov. Tom Wolf, get their way? Revenues dry up and the lib Dems have to raid other sources to make up for it. And that’s just what’s happening with the Pennsylvania Department of Conservation and Natural Resources (DCNR). Tom and the Dems made a big deal about not leasing nor allowing any more drilling on or under PA state lands. In fact, one of the first things Wolf did upon taking office in early 2015 was to slap a moratorium on any new state land drilling (see PA Gov Wolf Signs Exec Order to Ban Drilling Under State Land). What followed? No more lease payments for the DCNR, and royalties have fallen dramatically on land previously leased and drilled on/under. Now the DCNR faces a budget shortfall of $51 million–because of no new leases courtesy of Wolf. Wolf’s solution? Steal $61.3 million from the “general fund” to prop up DCNR. Typical…
Read More “PA Gov. Wolf Bans Leases on State Land & Busts DCNR Budget”
Anti-Drilling/Fossil Fuel | Energy Services | Industrywide Issues | Litigation | Pennsylvania | Pipelines | Regulation | Susquehanna County | Williams

Judge Tells NEPA Family to Let Williams Cut Maple Trees, Or Else
February 22, 2016February 22, 2016

Starting this week the sugar maples along the path of the Constitution Pipeline will come down. MDN previously told you about the Holleran family in New Milford, PA who make maple syrup by tapping the trees on their five acres of land (see Maple Syrup Farm in Path of PA Pipeline, Antis Make Most of It). While it’s unfortunate that Williams, the builder of the pipeline, could not find an alternate route (they did try), and unfortunate that media reports say up to 80% of their maple trees (~200) will need to be cut, we’re not sympathetic. The Hollerans have steadfastly refused any kind of offer from Williams to compensate them, instead aligning themselves with some of the most radical of radical anti-drillers in a publicity quest to pressure Williams to stop. It didn’t work and now a federal judge is telling the family if they prevent the trees from coming down, starting today, they’re going to the clink…
Read More “Judge Tells NEPA Family to Let Williams Cut Maple Trees, Or Else”
Energy Services | Energy Transfer Partners | Industrywide Issues | Ohio | Pennsylvania | Pipelines | Regulation | Statewide OH | Statewide PA | Statewide WV | West Virginia

FERC Says Rover Pipeline as Planned Negatively Impacts Environment
February 22, 2016February 22, 2016

In December 2014 Energy Transfer Partners filed their draft Resource Reports of environmental survey data with the Federal Energy Regulatory Commission (FERC) for the ET Rover pipeline (see ET Rover Pipeline’s 800-Mile Journey Begins with FERC Filing). Rover is an 800-mile, $4.4 billion pipeline that will connect Pennsylvania, West Virginia and Ohio, crossing pretty much the entire state of Ohio heading northwest before entering Michigan and eventually taking a dog-leg into Ontario. In February of 2015, exactly a year ago, ET filed a full application with FERC. Last week FERC responded with a Draft Environmental Impact Statement (DEIS)–and the news was not so good for Rover. FERC found “adverse and significant” impacts from the project as planned and delivered to ET nearly 25 pages of recommendations that ET will need to fix before they get an approval. Is this a fatal blow to Rover? Or just a speed bump? Time will tell…
Read More “FERC Says Rover Pipeline as Planned Negatively Impacts Environment”
Industrywide Issues | Regulation | Statewide WV | West Virginia

2 Bills Favorable to Drillers Advance in WV Senate – SB 508 & 565
February 22, 2016February 22, 2016

Two bills that favor the drilling industry in West Virginia have recently advanced in the WV Senate. One of the bills we previously told you about–Senate Bill (SB) 508, a bill that would stop endless, frivolous lawsuits from being filed against drillers (see WV Senate Bill Stops Frivolous Nuisance Lawsuits Against Drillers). The other bill is new for us, SB 565, a bill that “would allow oil and gas drillers to begin building well pads and access roads prior to getting a well work permit approved by the state Department of Environmental Protection.” SB 508 passed the Senate Judiciary Committee last week, and SB 565 was passed in the Senate Energy Committee. They are both on their way and likely to pass the full Senate and House…
Read More “2 Bills Favorable to Drillers Advance in WV Senate – SB 508 & 565”
Industrywide Issues | Pennsylvania | Pipelines | Regulation | Statewide PA

PA Pipeline Task Force Report: 658 Pages, 184 “Recommendations”
February 19, 2016February 19, 2016

In May 2015 Pennsylvania Gov. Tom Wolf and his underling Dept. of Environmental Protection (DEP) Secretary John Quigley created a “Task Force on Pipeline Infrastructure Development” (see Disaster on the Horizon: PA Gov Wolf Creates Pipeline Task Force). The purpose of the group was “to identify best practices for pipeline siting, permitting and safety.” We won’t recount all of the twists and turns–of how the Task Force was packed with government employees beholden to Wolf, etc. Along the way antis tried to protest and derail the meetings held by the Task Force (see PA DEP Sec. Quigley Calls Pipeline Protesters “Badly Misinformed”). The final meeting has been held and the final report is now in. Yesterday Quigley released the Task Force’s Final Report, all 658 pages of it with 184 recommendations (full copy below). Along with the release of the final report, Quigley also issued what he calls the top 12 recommendations coming from the Task Force for how PA can and should handle a coming expansion of gathering pipelines in the state…
Read More “PA Pipeline Task Force Report: 658 Pages, 184 “Recommendations””