EPA’s Draconian WOTUS Rule Blocked by Federal Judge
In May, MDN told you the maddening news that the federal Environmental Protection Agency had, once again, illegally grabbed power not granted to them under the Constitution by redefining what are “waters of the United States” (see EPA Power Grab: Redefines Waters of the U.S. to Include Everything). Every minor mud puddle will be regulated by the EPA under the new WOTUS rule issued by the agency. Some 13 states sued to stop the rule. The WOTUS rule was slated to go into effect beginning today, but a federal judge in North Dakota blocked it at literally the eleventh hour. The judge’s action stops WOTUS cold until the lawsuit filed by the states can work its way through court. This is fantastic news for drillers across the country as the EPA was surely aiming to further regulate oil and gas drilling using the back door of the WOTUS rule, although we’re not out of the woods yet…
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The idiotic governor of Hawaii, David Ige, recently signed legislation that will bankrupt his state down the road. Ige, with an irrational hatred of fossil fuels, including clean-burning natural gas, signed a bill in June that requires the state to use electricity derived 100% from so-called renewable sources by 2045–just 30 short years from now. This week Ige said that does not include the use of natural gas. Good luck with that. Germany is trying to transition to 100% renewable electricity and their electric rates are through the roof, stifling business and driving companies out of the country because they can’t afford to operate there. That’s the future for Hawaii. In particular Ige dissed LNG this week saying that even though it’s cheap and getting cheaper, “it is a fossil fuel.” There you have it. Fossil fuel prejudice on full display. We once coined the phrase “fracking derangement syndrome” or FDS for anti-drillers in the northeast. Seems to fit Gov. Ige too. Here’s the thing: the pen Ige used to sign the bill into law was made from and with the use of fossil fuels (plastics). His clothes? Made from plastic fibers, i.e. fossil fuels. The shoes on his feet? Partially made out of fossil fuels, and the energy used to make them came from fossil fuels. Same for the chair he sat in, the desk he used, the cameras snapping his picture, the car he drove to work, the materials used to build the governor’s mansion…all done with fossil fuels. It is IRRATIONAL to hate and restrict the use of fossil fuels because of an idiotic belief in man-made global warming. When will people like Gov. Ige wake up? His dangerous and twisted belief has just sentenced Hawaii to become little more than a third world country economically. Hopefully a future governor will reverse course…
A coalition of Big Green environmental groups, with seemingly endless piles of cash to launch frivolous lawsuits, are launching another “sue and settle” lawsuit against the federal Environmental Protection Agency (EPA). The usual suspects are involved: Environmental Integrity Project, Natural Resources Defense Council, Earthworks, Responsible Drilling Alliance, San Juan Citizens Alliance, West Virginia Surface Owners’ Rights Organization, and the Center for Health, Environment and Justice. The Big Green groups are attempting to force the EPA to end the legal practice of wastewater disposal via injection wells, and drill cuttings disposal in landfills–largely in the Marcellus/Utica area. After all, much of the production of natural gas is in the northeast in the Marcellus/Utica, and the aim of these nutters is to end all fossil fuel production in the United States. So like a drive-by assassin, they load their litigation weapons and shoot, repeatedly, at our region. Enough. When will our side shoot back? When will we launch lawsuit after lawsuit against these groups and de-fund them using their own methods against them?…
It’s bad enough when anti-fossil fuel zealots gang up, like a pack of hyenas, to try and defeat a much-needed pipeline like Dominion’s Atlantic Coast Pipeline (see 
LogicFree Mahoning Valley (aka FrackFree Mahoning Valley) doesn’t like to bother with piddly things like, oh, the law. Who follows that? The law is only a useful tool when it favors their twisted viewpoint. When it doesn’t? Ignore it. Over the past several years FrackFree Mahoning Valley and their supporters have duped enough E! Entertainment viewers in Youngstown, OH to sign a petition putting a so-called home rule measure up for a vote four times (see 
Yesterday the Pennsylvania Dept. of Environmental Protection announced an agreement/settlement with three Marcellus drillers operating in the northeastern portion of the state. The three–Chesapeake Energy, XTO Energy and SWEPI (i.e. Shell) were fined a collective $374,481 for methane migration related to their drilling activities at three locations (three different counties) in 2011 and 2012. The bad news is that 13 private water wells between the three incidents were negatively affected, along with several local creeks. The good news is that the problems are all fixed. Methane migration is an eminently fixable condition. Here are the details for each fine, including what happened and where it happened…
It is an issue that simply won’t go away. Frankly, we’ve thought (until now) that it was more or less a publicity stunt. Pro-drillers and pro-gun rights residents of New York State have, since Gov. Andrew Cuomo banned fracking last December, called for upstate counties to secede from New York and either form a new state, or join with Pennsylvania. On the surface it may sound silly, but did you know secession has happened in our country three times before? And one of those times was for land that used to be part of New York State? No, we didn’t know that bit of history either. This Sunday, August 30th, a rally will be held in the tiny village of Bainbridge (Chenango County), NY from 1-3 pm for Marcellus/Utica landowners, gun owners and other overtaxed and over-regulated NY residents to demonstrate their support for secession. This is a movement that is gaining momentum. It’s a serious movement. None other than the liberal USA Today files this very serious report…
In June 2014 Dominion filed an application with the Federal Energy Regulatory Commission (FERC) to construct and operate new compression facilities at existing compressor stations in Marshall County, WV and Monroe County, OH, and certain other facilities, collectively called the Clarington Project (see 
As MDN has previously chronicled, Chicago-based Invenergy hopes to build what will be the largest (to date) electric generating plant in the state of Pennsylvania powered by natural gas (see 
A blockbuster report from the Energy & Environment Legal Institute blows the doors off the potentially illegal collusion between the Obama White House, several state governors, and climate scare-monger groups backed by billionaire Tom Steyer. The report, titled Private Interests & Public Office: Coordination Between Governors, the Obama White House and the Tom Steyer-“Founded and Funded” Network of Advocacy Groups to Advance the “Climate” Agenda (full copy below) connects the dots of a disgusting, coordinated attack on fossil fuels (specifically coal, but also other fossil fuels). Using open records laws E&E Legal has produced a must-read exposé that lays bare how environmental extremists have put their own self-interests ahead of the nation, profiting from it as they do so. “This is the 5th transparency report in a series that E&E Legal has published on the ‘green movement’ and its network of public, private, and business interests, and what is clear is that 1%-ers are using ‘climate’ policies to destroy politically disfavored industries in order to transfer wealth to the politically preferred,” said Craig Richardson, E&E Legal Executive Director. We encourage you to read the report, and get as angry as we are about the ongoing deception that begins at the very top–with Barack Hussein Obama…
The U.S. Labor Department is on a witch hunt, unfairly targeting not only the Marcellus/Utica drilling industry–but any company in the entire supply chain that benefits from drilling, including hotels, restaurants and convenience stores. When you have the full force and backing of an out-of-control president like B.H. Obama, you get kind of drunk on your own power. That seems to be what has happened at the Labor Department. The Department of Labor’s wage and hour division in Pittsburgh has been targeting Marcellus-related companies since 2012, arriving for surprise audits of how companies classify employees–and how they pay them (particularly overtime payments). The jack boots have investigated 395 companies in three years and assessed $10 million in wages, civil penalties and liquidated damages and spurred a number of lawsuits by employees (and even the Labor Dept. itself) against employers. One question: Why hasn’t the Labor Department launched ANY investigations into the employment practices of Big Green organizations like the Sierra Club, THE Delaware Riverkeeper, William Penn Foundation, Heinz Endowments, PennFuture, Clean Air Council, Food & Water Watch and a myriad of other such organizations where wild-eyed zealots appear to work 24/7 for weeks on end in their mission to end all fossil fuels? Surely there are some overtime violations happening in Big Green…
MDN is pleased to add another occasional voice to Marcellus Drilling News. Stephen Heins is an energy and regulatory consultant for a Wall Street firm, and the former vice president of communication for Orion Energy Systems. Steve has penned an article (below) pointing out five critical problems with the recently announced EPA Clean Power Plan. Steve makes a strong case that the EPA needs to hold off on implementing this draconian new plan until the Supreme Court hears a case brought against the plan by 16 states. Pull up a chair and enjoy Steve’s expert insights…
While MDN has long commented that while natural gas burns cleaner than coal and oil, we are by no means against other forms of fossil fuels. We have not fallen pray to the temptation to “pile on” coal and oil as inferior forms of energy in a vain attempt to prop up natural gas. Why? Because we know how liberals like Obama and the Democrats think. Once they are through destroying coal, they’ll come for natural gas and attempt to destroy it as well. That is now happening. As Robert Murray, chairman and CEO of Murray Energy Corp (big coal company) says, all forms of fossil fuels are under attack by the Obama administration. Murray also points out those who support natural gas and have supported Obama’s rhetoric against coal should not be surprised they have been betrayed by Obama and now are, themselves, a target for elimination. As Murray rightly says, affordable, reliable electricity in America is being destroyed by Big Green groups like the odious Sierra Clubbers…
The U.S. Court of Appeals for the Second Circuit, located in New York State, released a decision yesterday in a case known as Beardslee v. Inflection Energy, LLC (copy of the decision is embedded below) that may create problems for future shale drilling in New York State–should the existing statewide ban ever be lifted. Yesterday’s decision is good news for landowners in one sense–it officially upholds the right of Tioga County, NY landowners party to the lawsuit to be released from old leases made in pre-Marcellus days when landowners signed leases for $3 per acre. Those leases were signed before the words “Marcellus” or “Utica” meant anything other than municipalities in New York State. (Interesting factoid: both shale plays are named after the NY towns where they were first identified. Further interesting factoid: both Marcellus, NY and Utica, NY banned fracking before the statewide ban was official.) The Second Circuit upheld a previous decision which we first wrote about in 2012 (see 
The gloves are now off and everything is out in the open: President Barack Hussein Obama wants to destroy the oil and gas industry in the United States of America. Yesterday Obama’s preferred tool of destruction, the federal Environmental Protection Agency (EPA), released a plan that brings the jackboots of the federal government down on the necks of the industry–forcing them to “reduce” methane emissions by 40-45%. Methane, you may recall, is what drillers actually extract from the ground and sell. Methane is what they get paid for–the very thing they are incentivized to capture so they can sell it. Drillers have reduced their methane emissions–the stuff leaking out around the edges–by at least 40-45% over the past few years. In other words, the industry is already doing what the EPA wants them to do. Which means this action is a blatant attempt at stifling drilling in this country. Let us be crystal clear: This action by the EPA is illegal. This is an outright attempt to regulate the oil and gas industry, contrary to the U.S. Constitution which reserves such regulation to the individual states. Just have a look at the so-called “rule” the EPA has published (all 591 pages of it). It is a top to bottom set of unlegislated regulations that will put all oil an gas drilling in the regulatory hands of the EPA.