Regulation

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    EPA Requires New Greenhouse Gas Reports from Frackers/Midstreamers

    freedom diesOnce more the Obama Environmental Protection Agency (EPA) violates the U.S. Constitution by creating an unlegislated law and declaring it in effect for the oil and gas industry–thereby regulating oil and gas, even though according to the U.S. Constitution the individual states are the ones with power to regulate the oil and gas industry. And barely a peep. Everyone just lays down and takes it. No push-back. What a shame. Last week the EPA published a final rule in the Federal Register amending reporting on mythical greenhouse gases that will now be required by oil and gas drillers–particularly those who use horizontal hydraulic fracturing (i.e. fracking). Not to be left out–if you build and maintain pipelines to gather natural gas and oil, you’re affected by the new rules too. Another massive federal power grab which goes into effect on January 1st. One more freedom dies under Barack Hussein Obama…
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    Mountain Valley Pipeline Files FERC Appl, Now Just Matter of Time

    Mountain Valley Pipeline proposed route
    Click on map for larger version

    It’s finally official. Although the length of the pipeline changed from 330 miles to 301 miles, and although the number of project partners expanded from the original EQT and NextEra Energy to include WGL Holdings, Vega Energy Partners, and RGC Resources, and although over 100 landowners blocked survey access (later taken to court to force access)–the $3.5 billion Mountain Valley Pipeline (MVP) stretching from Wetzel County, WV to the Transco Pipeline in Pittsylvania County, VA filed an official application with the Federal Energy Regulatory Commission last Friday. Now it’s just a matter of time. Yes it will take a few years to get it approved and built, but the most important step has been accomplished…
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    Scranton Landfill Expansion Decision May Rest on Fees Paid to DEP

    government shakedownThe Keystone Sanitary Landfill is Pennsylvania’s third busiest landfill–located on the outskirts of Scranton. The Keystone Landfill accepts drill cuttings from Marcellus drilling. Last year Keystone applied for a permit to expand the landfill once again–but instead of outward, they want to expand it upward, making it higher, to gain more capacity. At present about 10% of the incoming waste stream at the landfill is shale waste. The Pennsylvania Dept. of Environmental Protection (DEP) had, as of last summer, delayed granting the expansion request pending more study (see DEP Delays Scranton Landfill Expansion; Requires Study). As of April, the DEP was still studying Keystone’s proposal (see DEP Still Studying Keystone Landfill Expansion, Plans 2nd Hearing). Finally there’s been some “progress” on the issue. The DEP provided feedback to Keystone on which benefits in their application they would consider in making a decision, and which they would not. Among the benefits they won’t consider is a donation to help restore the nearby Eddy Creek (destroyed by coal mining in the area). Among the benefits they will consider? Money paid to the DEP…
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    States Gear Up to Fight Obama’s Illegal Clean Power Plan in Court

    see you in courtIn August our Dear Leader, Barack Hussein Obama, introduced his latest edict called the Clean Power Plan. The plan uses the federal Environmental Protection Agency to completely eliminate coal-fired electric plants, and greatly diminish natural gas-fired electric plants (see Obama Stabs Natural Gas Electric Plants in Clean Power Plan). It is the latest in a long line of illegal presidential edicts coming from the Obamadroids. In short order 15 states sued the federal government to stop this madness (see Ohio and 15 Other States Ask EPA to Delay Clean Power Plan). But a federal court refused to allow the implementation to happen while the lawsuit grinds through its process (see Minor Setback: Fed Court Tells States “No Delay, Yet” re Obama CPP). Planning for implementation is now underway and an EPA flack spoke to the press to share how pleasantly surprised she is that most states are completely docile and willing to be screwed this way. With the final printing of the rule in the Federal Register today, states will now have up to 60 days to file new lawsuits to stop it. You can bet your bottom dollar they will…
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    Mahoning County, OH Democrats Urge “No” Vote on Frack Ban

    atta boyIt’s not often it happens, so we like to make a big deal out of it when it does–praise for a group of Democrats! Kudos to the Mahoning County Democrat Party for their stand AGAINST the no fracking ballot initiative on the November ballot–otherwise known as the Youngstown Community Bill of Rights initiative. As we’ve previously reported, this is the fifth time this idiotic ballot measure has come up for a vote in the City of Youngstown. The OH Supreme Court ruled it should be on the ballot in November (for a fifth time), even though the same Supreme Court ruled against such “home rule” laws earlier in the year (see OH Supreme Court Puts Youngstown Anti-Frack Measure on Ballot). Youngstown Mayor John McNally (Democrat) has opposed the measure multiple times–kudos to him too. However, the entire Mahoning County Democrat machine voted, unanimously, to recommend a “no” vote on the ballot initiative, which is noteworthy because you don’t see such clear-headed thinking from Dems all that often. They get an official MDN “atta-boy/girl” for their strongly worded stand…
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    OH Gov. John Kasich Unveils His Energy Plan…in NH?

    John Kasich
    John Kasich

    MDN previously reported that so far two of the myriad of Republican presidential candidates have made trips to the Marcellus/Utica region to unveil energy policy proposals, should they be lucky enough to win. Floridian former Gov. Jeb Bush made the trek to Marcellus country near Pittsburgh (see Jeb Bush Visits Rice Energy in PA, Ticks Off Sierra Clubbers). Not to be outdone, about three weeks later fellow Floridian Sen. Marco Rubio make the trek to Utica country in Columbiana County, OH to do the same thing (see Marco Rubio Visits OH’s Utica Shale to Unveil Energy Plan). Rubio’s appearance in Ohio, where OH Gov. John Kasich is also running for president (buy nobody actually knows about him) was kind of like a dog peeing on the neighbor dog’s mailbox. Which caused Kasich to unveil his own “all of the above” energy policy–in New Hampshire…
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    Time to Force NY DEC to Issue Permit for Constitution Pipeline

    enough is enoughEnough is enough. It’s become quite obvious that NY Gov. Cuomo is up to his old tricks–delay and then deny. The Federal Energy Regulatory Commission (FERC) long ago approved the Williams Constitution Pipeline (see FERC Issues Final Approval for Constitution Pipeline in PA/NY). The Constitution is a desperately needed pipeline that will largely following an existing utility corridor where electric lines are run, going from Susquehanna County, PA into Broome County, NY (very near to MDN HQ), into Chenango County, Delaware County, briefly touching Otsego County, and terminating in Schoharie County where it will connect with the Iroquois and Tennessee Gas pipelines. The pipeline will not only provide northeast PA gas to people in the New York City/New England area, there will be taps along the pipeline to deliver gas locally to communities along the way. The only thing preventing the pipeline from being built is the New York State Dept. of Environmental Conservation. They need to issue what is called a 401 Water Quality Certificate that allows the pipeline to cross streams, swamps and other bodies of water. It is a no-brainer. Yet the DEC is withholding the certificate. MDN received an appeal from the Constitution to show our support–to add our name to a list of people supporting the project (to send a message to Gov. Cuomo). We have, and we’re encouraging you to do the same…
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    Mass. Attorney General Continues Campaign Against NED Pipeline

    Maura Healey
    MA AG Maura Healey

    Does the shrill-sounding Massachusetts Attorney General, Maura Healey, belong to any radical environmental groups like the Sierra Club? Because she sure sounds like she does. Healey is doing everything in her power (and she wields a lot of power) to inject herself into the federal government’s role of approving or not approving Kinder Morgan’s proposed Northeast Energy Direct (NED) pipeline project–a project that would stretch from Pennsylvania into New York, through Massachusetts into New Hampshire and finally back into Massachusetts near Boston. It is a mammoth $5.5 billion project meant to address the economic hardship situation in New England where they pay 4x what other areas of the country pay for electricity and natural gas. Yet the shrill-sounding Healey continues to file letter after letter with the Federal Energy Regulatory Commission (FERC), the agency tasked with reviewing the project, hoping she can convince them to reject the pipeline. Healey is one of the many unreasonable (not able to be reasoned with) anti-fossil fuelers against the project–because it’s a fossil fuel. Here’s her latest tirade, filed with FERC last Friday, the last day for public comments on the NED project…
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    Enviro Groups File Lawsuit Against EPA to Force O&G Waste Regs

    Sue and SettleThe legal beagles at energy law firm Babst Calland are raising the alert that another “sue and settle” lawsuit has been filed against the federal Environmental Protection Agency (EPA) by seven radical environmental groups. This is the latest attempt at forcing the EPA to comply with a lawsuit that they intentionally lose. What? Yes, they intentionally lose the lawsuit and then tell Congress that they “have to” comply with a court order “forcing” them to enact certain unlegislated rules and regulations in order to comply with a judge’s order–in effect giving them one more weapon in their arsenal to illegally regulate the oil and gas industry. Regulation of oil and gas is Constitutionally left up to the individual states. The EPA, especially under Obama, has been innovating ways to circumvent the Constitution and Congress and cease regulation authority. So-called “sue and settle” lawsuits are one of the ways they do it. Here comes another one. This time radical environmental groups (which should be sued themselves) have sued the EPA to force them to regular oil and gas drilling wastes under the federal Resource Conservation and Recovery Act (RCRA). Here’s a summary of what’s happening…
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    Federal Power Grab: Natl Park Service Creates New Drilling Regs

    stop the power grabThere are some 408 parks that are part of the National Park System in the United States. The National Park Service (NPS) is the government agency charged with managing those parks. The NPS has just put everyone on notice that new regulations for oil and gas drilling on and under those parks is coming. In some cases mineral rights are not owned by the government and drilling does happen on or under the parks. Oil and gas drilling currently happens in 12 of the 408 parks, including drilling operations in the Cuyahoga Valley National Park between Akron and Cleveland in Northeast Ohio. Just over half of the drilling operations happening in those 12 National Parks is exempt from NPS regulations. In an annoucement (below), the NPS said (1) we’re about to make drilling regs more strict, and (2) the new regs will apply to all drilling in all National Parks, including the places where it’s currently exempt from NPS rules–even if the mineral rights are not owned by the NPS. It is another power grab by the federal government. The Bureau of Land Management (BLM) tried this tactic with non-park federal lands–a move that landed it in court (see Federal Judge Blocks BLM Rules for Fracking on Federal Lands). Will the same thing happen to the NPS?…
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    Quigley Changes Story, “Reactivating” Enviro Justice Office at DEP

    riffingIn a sit-down in September with the editors of the Washington Observer-Reporter (near Pittsburgh), the PennFuture Secretary of the Pennsylvania Dept. of Environmental Protection, John Quigley, was reported to have said the following: “He [Quigley] is proposing to create an office of environmental justice within the department and hire “the right individual” to advise him on policy” (see PA DEP Sec. Quigley Wants to Create “Environmental Justice” Office). A sharp MDN reader pointed out to us that such an office already exists inside the DEP (see Quigley Faux Pas: DEP Already has Office of Environmental Justice). Oops. Time to engage in some CYA and cover up that embarrassing error. It’s the Pittsburgh Post-Gazette to the rescue! The Post-Gazette, cooperating with Quigley to try and repair his already-fading reputation, is reporting Quigley knew that the Office of Environmental Justice existed and is “reactivating” the office which had become “moribund” under former Gov. Tom Corbett because, well, because Corbett just hates poor people and libs like Quigley just love poor people. That’s the gist of the article…
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    81 Big Companies Sell Out U.S., Support Obama’s Climate Madness

    climate change insanityIn December President Obama will travel to Paris to sign a climate treaty that forfeits the sovereignty of the United States of America–the country he swore to protect. The Paris climate treaty is another in a long line of attempts (like Kyoto) to convince stupid Americans to give up the right to control their own country and destiny–to sell ourselves out and let non-American, un-elected socialists from other countries determine how we will live in the future. They use the bogeyman myth of global warming to do it. They are all aiming to commit mass energy suicide by outlawing fossil fuels–but it won’t work if we don’t play along. We pray Congress stops this madness, but now we despair. You see, big business is in bed with big government and funds the political ruling class in Washington and in return the politicians pass laws favorable to them. Some 81 of the biggest big businesses (who contribute heavily to Congress and receive preferential treatment in return) have signed on to a pact to support Obama’s climate madness. They actually want him to sign the treaty that gives up our national sovereignty. Without these 81 big businesses (full list below) you literally could not live–from Walmart to Hershey to Nike to Apple to Google to Kellogg’s to American Express…the list goes on. Sadly, even some in our own industry have signed on, including Invenergy. Shame on them. If we were to boycott them (as should happen) we’d have to live like hermits in the wilderness. No one can live without the goods and services provided by this list of 81 mega corporations. And each and every one of them have sold us out. It’s truly a sad and depressing day…
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    Oct 27 Deadline: Will NY Oil & Gas Industry Challenge Frack Ban?

    deadlineA deadline is fast approaching in New York State. Next Tuesday, Oct. 27, the natural gas industry must file an “Article 78” lawsuit or lose its opportunity to do so. Last December NY Gov. Andrew Cuomo made a non-science, political decision to ban fracking in the state (see After 6+ Years, Andrew Cuomo Bans Fracking in New York). It took six months, but Cuomo’s useful idiot, then-Dept. of Environmental Conservation Commissioner (DEC) Joe Martens released a so-called “findings statement” on June 29 that outlines the DEC’s reasoning for the frack ban (for a copy of the findings statement, see It’s Official: Cuomo Bans Economic Opportunity & Prosperity in NY). Next Tuesday is the last chance for the industry to challenge the findings statement in court. Will they?…
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    SWPA Landowners Allege Range Withheld Info in Water Well Case

    withhold informationMDN has been highlighting stories and writing about potential water well contamination by Range Resources at their Yeager well and wastewater impoundment site in Amwell Township (Washington County), PA since 2012 (see MDN’s list of Range/Yeager stories here). Residents living nearby have claimed their wells were contaminated, and their health affected. Range finally closed the wastewater impoundment at the site last year (see Range Resources to Begin Closing Yeager Impoundment on Monday). A judge ordered Range to produce a list of all chemicals used at the site since it was first drilled. One of the things Range didn’t disclose, according to the residents living nearby, was that the company used “tracer” chemicals when they originally drilled the well in 2009. Tracers are used to track the presence of fracking fluids. The PA Dept. of Environmental Protection (DEP) eventually ruled the water wells near the Yeager site were not contaminated by Range’s activities. The landowners are now appealing that decision based on this “new” evidence that Range used tracers, but never disclosed the use of tracers that investigators could have used in looking for evidence of contamination. The neighbors are alleging that Range engaged in a cover-up to keep what might have been damning evidence from the plaintiffs…
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    PA DEP Says 2010 EQT Spill Polluted Water Spring, EQT Appeals

    appealThe Pennsylvania Dept. of Environmental Protection (DEP) seems to have a grudge against EQT. Last October the DEP levied a $4.5 million fine against EQT over a leaky wastewater impoundment in Tioga County, PA (see PA DEP Levies Biggest Fine Ever, $4.5M Against EQT). At the time it was the biggest-ever fine by the DEP, since surpassed by an even bigger fine against Marcellus driller Range Resources. Right after the DEP levied its fine, the now-indicted-on-felony charges Attorney General, Kathleen Kane, issued an arrest warrant against EQT for the same thing (see PA Attorney Gen. Kane Abuses Office Again, Arrest Warrant for EQT). These days Kane is doing all she can to stay out of jail herself. In September, the DEP issued a new order/finding that says EQT spilled drilling fluid on the ground at a drill site that seeped into a local fresh water spring, polluting it to the point it’s no longer usable. Thing is, the accidental spill happened in 2010–more than five years ago! How and why in the world did it take five years to investigate something like that? EQT is pushing back. Earlier this week they filed an appeal…
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    What’s Next for NY/NJ Port Ambrose Floating LNG Terminal?

    who caresTwo days ago MDN told you that the U.S. Coast Guard has approved of a project off the coast of New York and New Jersey that would import natural gas from Trinidad (see Coast Guard Approves Port Ambrose LNG Import Terminal Near NYC/NJ). The USCG’s approval is an important step–but not the only step before Liberty Natural Gas begins construction of the Port Ambrose floating LNG facility. The project must be approved by the United States Maritime Administration too. And, either governor, NY Gov. Andrew Cuomo or NJ Gov. Chris Christie, can veto the project and prevent it–a lot of power for a governor to wield. We’re not all that excited about the Port Ambrose project ourselves–we think it’s not necessary with all of the gas we have in the Marcellus/Utica. We also don’t like how Liberty bashes “fracked gas” like the molecules in Marcellus gas are somehow different from natural gas imported from Trinidad. That’s just a marketing ploy. What’s really hilarious is how anti-fossil fuelers are reacting. Once again, as they did with the fracking issue, antis are stalking Gov. Cuomo at public events to pressure him to veto this project. A group of made complete asses of themselves Wednesday night by dressing up in Revolutionary War-era costumes and singing environmental versions of songs from the musical “Hamilton” that Cuomo attended. Will Cuomo cave to these nutjobs yet again as he did with fracking? Will Liberty get to build their off-shore import terminal? Do we even care?…
    Read More “What’s Next for NY/NJ Port Ambrose Floating LNG Terminal?”