Regulation

Anti-Drilling/Fossil Fuel | Energy Companies | Exxon Mobil | Industrywide Issues | Litigation | New York | Regulation | Statewide NY

NY AG Targets/Accuses ExxonMobil of Lying about ‘Climate Change’
November 6, 2015November 6, 2015

Eric Schneiderman, NY AG

We’ve written before about the lawless Attorney General from New York–Eric T. Schneiderman. He attacks his own constituents like landowners in the state (see NY AG Schneiderman Files to Dismiss JLCNY Lawsuit Against Cuomo), threatened the Delaware River Basin Commission that he would sue them if they allowed fracking (see NY AG Schneiderman Threatens New DRBC Lawsuit over Fracking), and he regularly bullies oil and gas companies (see NY Attorney General Schneiderman Subpoenas Shale Drillers and More on NY AG Schneiderman’s Bullying of Anadarko & EOG Resources). Schneiderman has just performed a breathtaking act of chutzpah: He’s launched an investigation and subpoenaed ExxonMobil, the largest oil company in the United States (4th largest in the world), accusing them of making false statements about so-called man-made global warming. He’s saying they contribute to global warming and they’re lying about their role in it–that they’ve made false statements to the public that contradict what their own internal research has found. That is, he is using the same strategy used against tobacco companies 20 years ago…
Read More “NY AG Targets/Accuses ExxonMobil of Lying about ‘Climate Change’”
Crestwood Midstream | Energy Services | Industrywide Issues | New York | NGLs | Regulation | Schuyler County

4 Antis Opposing NY LPG Storage Facility Lose Big in Local Election
November 5, 2015November 5, 2015

Today’s lead story on MDN is about the defeat of two anti-drilling Martians in Tuesday’s election–but this story is a close second in importance. Since 2010 a debate has ragged in Schuyler County, NY over whether or not to allow then-Inergy, now-Crestwood Midstream, to convert a depleted salt cavern along the shore of Seneca Lake into underground storage for LPG–liquefied petroleum gas (i.e. propane). We’ve covered the story extensively on MDN over the years. The current status is that an administrative law judge is reviewing the plan, but ultimately the head of the state’s Dept. of Environmental Conservation (DEC) will grant a final decision on whether or not to allow the plan to move forward. Unfortunately the DEC is mired in politics–controlled by Gov. Andrew Cuomo who is in turned influenced by his lunatic left wingnuts. Over the years some of those wingnuts like Sandra Steingraber, so-called “scholar in residence” at Ithaca College (paid to do nothing but trot around lying about fracking), and Josh Fox of Gasland fame have protested and gotten themselves arrested at the facility during publicity stunts. Antis need a forum to vent and they can’t get themselves arrested every day (that gets old), so they turned to the local town board (Town of Reading) where the LPG plant would be located. Board meeting after board meeting they bleated and blatted about the facility–to the point the board has forbidden any more discussion of the issue. So the antis mounted a challenge to the local town supervisor, two town board seats and the town clerk. In Tuesday’s election, all four antis running for those seats went down to a HUGE defeat. Wasn’t even close. Which is noteworthy, and heartening, that in our beloved overtaxed, over-regulated, over-liberal New York State there are still clear-headed people who see through the lies and smears of the antis. Here’s the story of their defeat, and why Reading is so important in this debate…
Read More “4 Antis Opposing NY LPG Storage Facility Lose Big in Local Election”
Industrywide Issues | Pennsylvania | Pipelines | Regulation | Statewide PA

NEPA State Senator Introduces Bill to Regulate Rural Pipelines
November 5, 2015November 5, 2015

A northeastern Pennsylvania State Senator, Lisa Baker, has introduced Senate Bill (SB) 1044 that would regulate thousands of miles of gathering pipelines (and compressor stations) that are currently not regulated in PA. The bill, introduced on Oct. 26 and co-sponsored by three other Republicans and two Democrats, is colloquially called the Rural Pennsylvania Pipeline Safety Act. The bill gives the Pennsylvania Public Utility Commission (PUC) the power to regulate rural pipeline operators. The Gas Processors Association is watching it closely and says they will be a part of its development going forward. Below we have a brief overview of the bill, along with a full copy as filed on Oct. 26…
Read More “NEPA State Senator Introduces Bill to Regulate Rural Pipelines”
Industrywide Issues | Litigation | Pennsylvania | Regulation | Westmoreland County

PA County Court Rules Drilling OK in Ag/Residential District
November 5, 2015November 5, 2015

Since the Pennsylvania Supreme Court’s horrible decision in the infamous “Robinson” case that ruled local municipalities have the right to regulate oil and gas drilling via local zoning ordinances, there have been several cases where anti-drillers have tried to turn the decision (a decision they earnestly desired) on its head. The “Supreme” justices decided that local towns and cities can control where drilling takes place–although they must reserve at least one zoned district (industrial) where they allow oil and gas drilling (see PA Supreme Court Rules Against State/Drillers in Act 13 Case). What the antis didn’t factor is that there are some local communities with clear-thinking and straight heads on their shoulders–communities that may evaluate a request for drilling and grant an exception to allow it, in oh, say a agricultural/residential area instead of just an industrial area. Perhaps the most famous example of such a case currently being litigated is in Butler County where parents from the Mars School School district along with two Big Green groups from Philadelphia are using the courts to block, since last November, legally permitted and town-approved drilling 3/4 of a mile from the Mars School District (see Rex Drilling Operation Near Mars School Put on Hold). The convoluted argument from antis is, in essence, zoning regulations are not strict enough. That’s not what the Act 13 decision was about. You can’t have your cake AND eat it too. Some towns will decide to allow drilling under their zoning laws that you may not agree with! A similar case has just been decided in Westmoreland County in local county court–and it’s very good news for the Marcellus industry…
Read More “PA County Court Rules Drilling OK in Ag/Residential District”
Athens County | Industrywide Issues | Jackson County | Lawrence County (OH) | Monroe County | Morgan County | Noble County | Ohio | Perry County | Regulation | Washington County (OH)

9 Years Later Fracking Set to Begin in Ohio’s Wayne National Forest
November 5, 2015November 5, 2015

Wayne National Forest (WNF) is the only national forest in Ohio and portions of it are found in Athens, Gallia, Hocking, Jackson, Monroe, Morgan, Noble, Lawrence, Perry, Scioto, Vinton, and Washington counties. WNF is a “patchwork” of public land scattered among private land. Some 60% of the mineral rights below WNF are privately owned. Back in 2012 MDN told you that the U.S Forest Service, after holding up drilling in WNF since 2006, had cleared the way to allow fracking to begin (see Fracking Coming to Wayne National Forest in SE OH). Then any potential fracking came to a screeching halt because it was delayed by yet another federal agency–the Bureau of Land Management (BLM). Since 2012 the BLM has moved like a snail, but finally (finally!) the BLM has scheduled public scoping hearings for Nov. 17, 18 and 19. Things are moving once again. Once the hearings are done, there will no reason not to move forward with plans to drill (and frack!) in the WNF…
Read More “9 Years Later Fracking Set to Begin in Ohio’s Wayne National Forest”
CONSOL Energy | Energy Companies | Industrywide Issues | Noble Energy | Pennsylvania | Pipelines | Regulation | Statewide PA | Wastewater

PA Allows Wastewater Pipelines to be Buried – With No Regulations
November 4, 2015November 4, 2015

A last minute change made to proposed new drilling regulations in Pennsylvania will mean (if adopted) that drillers can bury wastewater pipelines instead of being required to run them on top of the ground. Companies typically use pipelines in areas where it would be disruptive to have multiple truck trips in and out of an area. They’re also used to lower the cost of transporting wastewater (cheaper through a pipeline than by tanker truck). The change came after a letter-writing campaign launched by CONSOL Energy and their joint venture partner Noble Energy. But there’s a bit of controversy over the new standard that permits lines to be buried: the buried wastewater lines aren’t regulated. Not yet anyway…
Read More “PA Allows Wastewater Pipelines to be Buried – With No Regulations”
Chautauqua County | Electrical Generation | Energy Services | Industrywide Issues | Litigation | New York | NRG Energy | Regulation

Dunkirk, NY Coal-Fired Electric Plant Closing in January 2016
November 4, 2015November 4, 2015

As MDN previously reported, a coal-fired electric generating plant near Buffalo (in Dunkirk) was slated to be converted to burn natural gas–a win/win for everyone (see Dunkirk, NY Electric Plant Saved – Converting from Coal to NatGas). Oh sure, radical environmentalists like the Sierra Club opposed it, but that’s to be expected. Crazy people do crazy things. Everything seemed to be fine until a competitor hauled NRG, the plant’s owner, into court to dispute the change from coal to natgas. Sounds equally crazy that a competitor can stop the change, but NRG says fighting the case will take years, so they’re just going to close the plant down (see Lawsuit Prevents NY Power Plant from Converting to NatGas, Closing). Sadly, last week the New York State Independent System Operator (NYISO) gave its blessing to NRG to close down the Dunkirk plant. This is an economic nuclear bomb for that community. The Town of Dunkirk gets 40% of its tax revenue from the plant. What will they do now?…
Read More “Dunkirk, NY Coal-Fired Electric Plant Closing in January 2016”
Electrical Generation | Industrywide Issues | New York | Oswego County | Regulation

NY Gov Cuomo Vows to Fight FitzPatrick Nuke Plant Closure
November 4, 2015August 11, 2016

Two days ago MDN told you that the FitzPatrick nuclear power plant in Oswego, NY will shut down, largely because it can no longer compete with electric plants powered by cheap Marcellus Shale gas (see PA Marcellus Gas Claims a Nuclear Scalp in Central NY). New York Gov. Cuomo banned fracking, so NY doesn’t produce any cheap, abundant, clean-burning natural gas. That’s a burr under Andy’s saddle. He detests closing the nuke plant because gas has won. So instead of letting market economics (you know, free enterprise) dictate what happens in NY, Cuomo is gearing up to fight the closure of the FitzPatrick nuclear plant. The company that owns FitzPatrick also owns another nuke plant in NY called Indian Point. Cuomo WANTS to shut down Indian Point–has been trying to for years. But he doesn’t want to shut down FitzPatrick. What kind of crazy man is he?…
Read More “NY Gov Cuomo Vows to Fight FitzPatrick Nuke Plant Closure”
Anti-Drilling/Fossil Fuel | Industrywide Issues | Regulation | Statewide WV | West Virginia

WVU Professor “All In” on Obama’s Coal-Killing Clean Power Plan
November 3, 2015November 3, 2015

James Van Nostrand

When liberal Democrat James Van Nostrand, director for West Virginia University’s Center for Energy and Sustainable Development, associate professor of law at West Virginia University, and a man-made global warming Kool Aid drinker addressed a recent forum at Wheeling Jesuit University, he told the audience they should just accept President Obama’s Clean Power Plan (CPP) and its death sentence for the coal industry. He essentially said “just get over it and move on. Lie down and admit defeat.” It put a smile on Van Nostrand’s face that WV Gov. Earl Ray Tomblin has appeared to cave and will pursue a plan to comply with our Dear Leader’s CPP directive, even though 26 states have sued to stop the plan, including WV (see 26 States Ask Federal Court to Shut Down Clean Power Plan Now). Here’s an overview of Van Nostrand’s “just admit you’ve been beaten” speech…
Read More “WVU Professor “All In” on Obama’s Coal-Killing Clean Power Plan”
Energy Services | Industrywide Issues | New York | Pipelines | Regulation | Statewide NY | Williams

DEC Official Says NY in Danger of FERC Taking Over Pipeline Permits
November 2, 2015November 2, 2015

It was just two weeks ago that MDN posted an article saying the New York Dept. of Environmental Conservation (DEC) has had enough time to approve stream-crossing permits for the much-needed Constitution Pipeline. It’s now time to force their hand (see Time to Force NY DEC to Issue Permit for Constitution Pipeline). As we wrote in that piece, the DEC risks the very real threat that the Federal Energy Regulatory Commission (FERC) may step in and force the DEC to issue the permits. Now a high-ranking official with the DEC has essentially said the same thing we did–on the record…
Read More “DEC Official Says NY in Danger of FERC Taking Over Pipeline Permits”
Industrywide Issues | Litigation | Regulation

26 States Ask Federal Court to Shut Down Clean Power Plan Now
November 2, 2015November 2, 2015

MDN has highlighted in several posts the draconian and dictatorial Clean Power Plan (CPP) issued by B.H. Obama’s Environmental Protection Agency (EPA). Not only will Obama’s CPP outright assassinate the coal industry in this country, it will deliver a mortal wound to the natural gas industry, a wound it may not survive (see Obama Stabs Natural Gas Electric Plants in Clean Power Plan). The EPA intentionally delayed publishing a final copy of the plan (by 87 days) in order to run out the clock. They knew the sooner they published, the quicker lawsuits would be filed that may defeat the plan. By delaying, they force states to begin implementing the plan because they dare not be caught in violation in case they lose the court battle. Sleazy in the extreme. Once the plan was published in final form, states immediately filed a lawsuit against it (see States Gear Up to Fight Obama’s Illegal Clean Power Plan in Court). The number of states suing the EPA to stop the CPP now numbers 26–over half of these United States of America. The lawsuit also includes dozens of business groups. They are all asking the federal courts to immediately stop any implementation of the CPP while the lawsuit has a chance to work its way through the court system–which will likely take years. This time, as a Wall Street Journal editorial points out, the courts may just grant the stay and shut down the CPP…
Read More “26 States Ask Federal Court to Shut Down Clean Power Plan Now”
Hydraulic Fracturing | Industrywide Issues | Pennsylvania | Regulation | Statewide PA

DEP Board Votes to “Not Endorse” Sec. Quigley’s New Drilling Regs
October 30, 2015October 30, 2015

In a big metaphorical slap across the face, the Pennsylvania Dept. of Environmental Protection’s Oil and Gas Technical Advisory Board (TAB) has voted to not endorse re-worked drilling regulations proposed by the PennFuture Sec. of the DEP, John Quigley. We told you two days ago the DEP was meeting with TAB to get the group’s rubber stamp of approval (see New Drilling Rules for PA Take One Big Step Closer to Reality). Looks like Quigley’s hand-picked new board members are not yes men (and women) after all. This is the second DEP advisory group packed with Quigley appointees that has rejected his onerous proposed re-worked regulations. Previously the Conventional Oil and Gas Advisory Committee (COGAC) also told Quigley nyet (see PA DEP Sec Quigley’s Own Committee Appointees Turn Against Him). Which means both conventional and now unconventional drilling advisors, appointed by Quigley himself, don’t believe Quigley’s rejiggered regulations are good. Do we see a pattern developing here? Seeing that two boards of experts are telling him there’s a problem, does that mean Quigley will pause and reflect and perhaps consider changing his proposed rules? Are you kidding! Don’t make us laugh. Oh no no no. Quigley plans to ramrod these new regs through as fast as he can regardless…
Read More “DEP Board Votes to “Not Endorse” Sec. Quigley’s New Drilling Regs”
Dauphin County | Industrywide Issues | Pennsylvania | Regulation | Statewide PA

PA DEP Sec. Quigley Defends DEP, Criticizes Patriot-News Series
October 30, 2015October 30, 2015

Wow. We didn’t think it possible. The PennFuture Secretary of the Pennsylvania Dept. of Environmental Protection (DEP), John Quigley himself, is sticking up for the honor and reputation of his agency. Last week the Democrat-run Harrisburg Patriot-News ran an attack series against shale energy. We told you about it by reprinting Tom Shepstone’s excellent critique (see Harrisburg Newspaper’s Attack Series on Marcellus Exposed). Tom followed it up with another excellent article with a clip of the vapid lead author’s Twitter feed showing her outright bias against not only shale in general, but against the DEP in particular (see Natural Gas Now, PennLive Shale Series: “Erin” Go Bragh?). Quigley had fully cooperated with the Patriot-News and lead series author Candy Woodall, and now feels betrayed and stabbed in the back (welcome to the club John). So Quigley wrote a response to the profoundly biased attack series–and wonder of wonders, the Democrat Patriot-News actually published his response! Here it is…
Read More “PA DEP Sec. Quigley Defends DEP, Criticizes Patriot-News Series”
Anti-Drilling/Fossil Fuel | Industrywide Issues | Pennsylvania | Pipelines | Regulation | Statewide PA

PA DEP Sec. Quigley Calls Pipeline Protesters “Badly Misinformed”
October 30, 2015October 30, 2015

About 20 hippie retreads showed up in Harrisburg, PA on Wednesday to protest outside of the Dept. of Environmental Protection (DEP) regional office in Harrisburg to protest the fourth meeting of Gov. Tom Wolf’s Pipeline Infrastructure Taskforce. In May Gov. Wolf announced he was forming a taskforce to study and make recommendations on how the state can better work with (i.e. control) where local gathering pipelines are installed (see Disaster on the Horizon: PA Gov Wolf Creates Pipeline Task Force). DEP Secretary John Quigley packed the task force with 42 members, most of them government employees (beholden to Wolf/Quigley for their jobs) as well as some from the “environmental” community and a few from the pipeline industry (see PA Gov Wolf Packs Pipeline Task Force with His Own Minions). The gang of 42 was meeting for the fourth time in an effort to complete a draft report by mid-November. Some of the best and brightest gathered outside, including THE Delaware Riverkeeper, Maya van Rossum, to protest. Quigley called the assembled antis “badly misinformed”…
Read More “PA DEP Sec. Quigley Calls Pipeline Protesters “Badly Misinformed””
Hydraulic Fracturing | Industrywide Issues | Pennsylvania | Regulation | Statewide PA

New Drilling Rules for PA Take One Big Step Closer to Reality
October 28, 2015October 28, 2015

Shortly after assuming the office of Secretary of the Pennsylvania Dept. of Environmental Protection, John Quigley (who formerly worked for the anti-drilling Big Green group PennFuture) mass-fired a very important group at the DEP called the Oil & Gas Technical Advisory Board, or TAB (see Why did PA DEP Acting Sec Quigley Mass Fire Gas Advisory Board?). Quigley installed his own yes-men and women in the group, including the illegal move of appointing non-voting members. The reason the make-up of TAB is important is because just prior to Gov. Corbett leaving office, the DEP had re-worked new drilling regulations, a required re-work under the Act 13 law passed in 2012, approved by the existing TAB. The DEP was ready to finalize and publish the new regulations, known as Chapter 78 and 78a, but in the chaos of the campaign and Corbett losing, the DEP fumbled the ball and now that a fox (or rather a Wolf) is guarding the hen-house, the re-worked rules have been re-worked again and Wolf/Quigley needed a new group of people to approve the changes. Hence the mass-firings at TAB. PIOGA is still valiantly resisting this sleazy move by Quigley (see PIOGA Turns Up the Heat on Wolf/Quigley Over TAB/Article 78). Yesterday the DEP met with newly-appointed TAB members to outline the “final” changes they (the DEP) has made and wants the new TAB to rubber stamp…
Read More “New Drilling Rules for PA Take One Big Step Closer to Reality”
Air Quality | Anti-Drilling/Fossil Fuel | Industrywide Issues | Litigation | Pennsylvania | Regulation | Statewide PA

PA Big Green Groups Elated: Latest EPA Sue-and-Settle Scam Worked
October 28, 2015January 9, 2017

A gang of Big Green groups are tickled pink–or is it tickled “green”–that their continuous frivolous lawsuits against the federal Environmental Protection Agency (EPA) have once again yield the desired result. Radical leftist “green” groups like Earthworks, Environmental Integrity Project, THE Delaware Riverkeeper, and yes, PennFuture (where PA’s current Secretary of the Dept. of Environmental Protection, John Quigley, used to work), had previously sued the federal EPA to force onerous new reporting rules on natural gas processing plants, using lies about the kinds of air pollutants released by the plants. The EPA cooperates with these sleazy organizations in a “sue and settle” scam. “Hey, you sue us for this, a liberal judge will ‘make us’ do it–then we can bypass Congress and everyone else and set up our own laws outside of that stupid old Constitution.” That’s how these groups collude with the EPA (see Environmentalists & Government Collude in “Sue and Settle” Cases). So a group of Big Green groups mostly located in PA were elated when the EPA confirmed their latest sue-and-settle scam had worked. So elated they issued a press release doing a happy dance–loaded up with yet more lies about the oil and gas industry. We bring you their press release below to (a) point out how many sleazy Big Green groups are engaging in this nefarious activity from the Marcellus/Utica region, and (b) point out the incestuous nature of these groups–with people like John Quigley now actually (fantastically) in charge of regulating the oil and gas industry in PA–although he used to actively work against that same industry when he worked for PennFuture…
Read More “PA Big Green Groups Elated: Latest EPA Sue-and-Settle Scam Worked”