Regulation

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    Labor Dept. Unfairly Targets Marcellus Industry in SWPA & WV

    Witch HuntThe 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…
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    Ohio and 15 Other States Ask EPA to Delay Clean Power Plan

    guest postMDN 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…
    Read More “Ohio and 15 Other States Ask EPA to Delay Clean Power Plan”

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    Coal Magnate Says Obama Waging War on All Fossil Fuels

    Obamas War On Fossil FuelsWhile 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…
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    PA Landowners File Countersuit Against Mariner East 2 Pipeline

    MDN told you last week that unfortunately Sunoco Logistics was forced to file eminent domain cases against several landowners in Washington and Huntingdon counties in Pennsylvania to gain access to survey those properties as a future possible site where the Mariner East 2 NGL pipeline will run (see Sunoco Files Eminent Domain Cases in PA Courts for Mariner East 2). Four landowners in Washington County have hired Hershey-based attorney Michael Faherty to represent them in an attempt to stop Sunoco’s efforts–in essence either reroute the pipeline (starting things all over again) or shut it down permanently. Faherty successfully won a case against Sunoco Logistics in York County last year and “feels confident” that efforts to stop Sunoco will “be successful.” His legal argument is an interesting one…
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    US Circuit Court: NY Landowners Released from Marcellus Leases

    court gavelThe 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 Judge Rules Against Chesapeake, Inflection in NY Lease Case), a decision appealed to NY’s highest court that upheld it (see NY High Court Decision Creates Toxic Environment for O&G Companies). The energy companies then appealed the decision to U.S. District Court, where they have now lost. The ultimate issue at the core of this case is whether or not New York’s government action in disallowing fracking of shale wells should be considered a “force majeure” event that extends a lease beyond the initial term. It is the one issue the none of the courts ever directly answered, including the Second Circuit…
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    Lawless EPA Issues New Methane Rule to Cripple U.S. O&G Drilling

    lawlessThe 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.

    This is a big and important story, so we’ve broken it into several posts. Below, in this post, is the EPA press release–a masterful propaganda spin job–along with a copy of the 591-page “rule” the EPA will first publish in the Federal Register, and then, 60 days later, adopt as an unlegislated law that will become of the law of the land governing oil and gas drilling. All done through the back door of trying to reduce methane emissions as a way of controlling mythical global warming.
    Read More “Lawless EPA Issues New Methane Rule to Cripple U.S. O&G Drilling”

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    Pro-Drilling Groups Weigh in on Lawless EPA Methane Rule

    white hatAs for the good guys, the guys in the white hats who support clean-burning natural gas and fossil fuels, they also weighed in on the EPA’s lawless new methane reduction rule, otherwise known as 40 CFR Part. Here’s what the good guys from ANGA, API, Marcellus Shale Coalition, WVONGA and even what three U.S. Senators had to say…
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    Anti-Drilling Groups Weigh in on Lawless EPA Methane Rule

    black hatIf you wonder whether or not a new regulation is good or bad, you can always tell by who supports it and who doesn’t. In the case of the EPA and their lawless new methane reduction rule, otherwise known as 40 CFR Part 60, national radical environmental groups like Earthjustice and the Sierra Club, along with regional and local radical groups like the Ohio Environmental Council and the Philadelphia-based Clean Air Council, are applauding the action taken by the Obama EPA…
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    The One Graph that Exposes the EPA Lie re Methane Regulation

    The graph below puts to rest the lie that the EPA’s action in trying to control oil and gas drilling via the back door of controlling methane emissions will do anything to help so-called global warming. It won’t. Not a thing. Why? One-third of all methane emissions are naturally occurring–coming from “wetlands” (i.e. swamps, representing 22%), the ocean (3%) and yes, termites (4%). Who knew termites fart that much? But wait, there’s even more farting. Of all “man-caused” methane emissions, cow farts, otherwise referred to as “enteric fermentation” represent 16% of all methane emissions, and “animal waste” (i.e. cow manure) represents another 5% of all methane emissions. That is, agriculture is responsible for 21% of all “fugitive” methane emissions. Oil & gas and coal extraction? That represents 19%. So the EPA is focusing on 19% of the problem and ignoring the other 81% of the problem, claiming that will magically reduce global warming. What utter cow manure…
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    PA DEP: We’re Not Close to Being Done with New Drilling Regs

    you ain't seen nothing yetYou know what happens when you elect Big Government liberals to important positions, like governor? You get high taxes and onerous regulations across all industries–but particularly on the drilling industry. Welcome to Pennsylvania and the floundering administration of Gov. Tom Wolf and his PennFuture sidekicks who pretty much run the whole show for Wolf–including the PennFuture Sec. of the Dept. of Environmental Protection, John Quigley. PennFuture is an anti-drilling environmental group that Quigley used to work for prior to being appointed by Wolf to run the DEP, the agency in charge of drilling (how’s that for ironic?). On a conference call yesterday Quigley said, of the current round of new drilling rules and regulations, you ain’t seen nothin’ yet. He plans to attack the Marcellus industry with even more onerous rules and regulations in the coming months and years of a (hopefully) one-term Wolf administration. Quigley is making his onerous list and checking it twice; gonna find out who’s naughty and naughtier (there is no nice in fossil fuels, ya know)…
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    2 Marcellus LNG Export Projects Get Canadian Approval

    Two Canadian LNG export projects have made significant progress–but both are still far away from actually getting built. A year ago MDN supplied you with a list of five potential Canadian LNG export projects along the East Coast of Canada (see List of LNG Export Projects for Marcellus/Utica Shale Gas). Two of those projects–Bear Head LNG and Goldboro LNG, both located in Nova Scotia–have received a green light from the U.S. Dept. of Energy (see 2nd Canadian LNG Plant Gets U.S. Approval to Export Marcellus Gas). Both projects received a green light last week from the Canadian National Energy Board (see the article below). The gazillion dollar question is: Where will the natural gas come from that gets exported via these facilities? We’ve long hoped that Marcellus Shale gas would be some of that gas–we have way more than we can use here at home. But at the recent RBN Energy “State of the Energy Markets” conference in New York City, RBN’s Rusty Braziel said virtually none of the gas going to New England via the proposed Kinder Morgan Northeast Energy Direct pipeline nor the Spectra Energy Access Northeast pipeline would be exported. Frankly, if Marcellus gas doesn’t get piped to Canada, we think there’s virtually no chance these LNG projects will get built. Our sentiments were recently echoed by Moody’s Investors Services (see Moody’s: “Vast Majority” of LNG Export Projects Will be Canceled). So, read the following article, but do so with your head swiveling around as ours is. Will Marcellus gas get exported? Will the Maritimes & Northeast pipeline get FERC permission to reverse its flow and send gas from the U.S. into Canada? Will Kinder and Spectra actually build their pipelines to New England? A lot of unanswered questions when you consider whether or not Canada will actually build any of these LNG projects…
    Read More “2 Marcellus LNG Export Projects Get Canadian Approval”

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    PA Releases Study on Bakken Crude Shipments Passing Through

    God protect us from politicians whose “top priority” is to protect us. MDN previously told you that America’s most liberal governor, PA Gov. Tom Wolf, hired a high-priced consultant from the University of Delaware in April to do a top to bottom review on railway safety with a focus on how PA might better “protect” (i.e. prevent) Bakken shale oil shipments traveling through the state on the way to refineries (see PA Gov Wolf Takes Aim at Bakken Oil Trains Traveling Thru PA). The high-priced consultant, Dr. Allan Zarembski, has turned in his assignment with 27 recommendations (full copy of his report below). In eyeballing the list some of the recommendations certainly look reasonable: slow down to 35 mph if you’re passing through a city with a population of 100,000 or more; test the tracks three times a year; hire inspectors who know what they’re doing; etc. We suspect when the experts at Norfolk Southern and CSX have had a chance to review the report we’ll hear how these recommendations are intended to slow or stop crude by rail (CBR) shipments through PA. We’d like to be wrong about that, but given Wolf’s behavior an uppity attitude toward the railroads so far, we’re pretty sure we aren’t wrong…
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    GreenHunter Changes Strategy with USCG re Wastewater Barging

    change of strategyGreenHunter Resources, the fresh water and wastewater subsidiary of driller Magnum Hunter Resources, has changed strategies and has backed off their tough talk in dealing with the U.S. Coast Guard (USCG) with respect to barging brine down the Ohio River. You may recall MDN was the first to decipher just what was going on between GreenHunter and the USCG with respect to GreenHunter’s intention on barging (see GreenHunter/Coast Guard War of Words — MDN Explains It). The USCG is being manipulated by the Obama administration into blocking a request for GreenHunter to begin barging of wastewater (brine, actually). GreenHunter informed the USCG they have the legal right to do it under an existing 1987 rule that allows for it. The USCG has said not so fast, brine from shale wells may contain more radioactivity than brine from conventionally drilled oil and gas wells. In so many words, GreenHunter told the USCG they would move forward, daring the USCG to stop them (see GreenHunter to Coast Guard, We’re Barging While You Fiddle Around). As recently as May, GreenHunter claimed barging would begin soon (see GreenHunter Says OH River Wastewater Barging to Begin September). However, in an analyst conference call on Friday reviewing second quarter 2015 results, both parent company CEO Gary Evans and GreenHunter COO Kirk Trosclair changed their tune. Now GreenHunter is talking with the USCG again and attempting to convince them to let barging operations begin. You can hear the frustration both in GreenHunter’s comments, and in the comments by investors probing them on the topic…
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    OH Anti-Drilling November Ballot Measures Tossed in 3 Counties

    Anti-drillers in Ohio are persistent–we’ll grant them that. Local anti-drillers in three Ohio counties–Athens, Fulton and Medina–have been hoodwinked (are being used by) Big Green groups like the Community Environmental Legal Defense Fund (CELDF), attempting to get so-called Community Bill of Rights measures on the ballot in those counties. Problem is, the Ohio Supreme Court has already ruled such measures unconstitutional (see OH Supreme Court Strikes Down Home Rule in Gas Drilling Case). And yet, certain counties with high concentrations of wackos keep trying again and again and again–even though the very same type of measure has already been ruled illegal. What was that definition of insanity promulgated by Albert Einstein? “Insanity: doing the same thing over and over again and expecting different results.” That about sums up the latest efforts by Athens, Fulton and Median county anti-drillers. They’ve filed petitions with enough signatures to once again put so-called “home rule” measures on the ballot. But this time officials in those three counties appealed to the Ohio Secretary of State who has ruled, striking down the ballot measures. A small victory for sanity in Ohio…
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    WV Shale Drillers: New Safety Regs on the Way in 2016

    Drillers in West Virginia–you’re on notice that Gov. Earl Ray Tomblin thinks it’s time to make shale drilling in the Mountain State safer than it is right now. Translation: new regulations will be coming at you in the 2016 legislative session. Tomblin formed the 19-member Oil and Natural Gas Industry Safety Commission with an executive order (see WV Establishes New Commission to Study Drilling/Pipeline Safety). The aim of the group is to present a list of recommendations in a final report on Nov. 16–a list that will be used to craft new rules and regulations and laws to be presented during next year’s legislative session. Now is the time for drillers to participate in the process. The kickoff session spent much the time reviewing previous accidents and dangers associated with oil and gas drilling…
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    OH Minority Report: Shut Down Wells Before They Cause Earthquakes

    Minority ReportThe Chief of the Division of Oil and Gas Resources Management for the Ohio Dept. of Natural Resources (currently Rick Simmers) is a man with a lot of power. He has the power, according to a ruling just handed down on August 12, to make his own decisions about suspending permits to operate in the absence of specific violations of a law or regulation. In September 2014 Simmers suspended permits for two wastewater injection wells in Trumbull County, OH after a very low level earthquake was detected close to those wells (an earthquake that couldn’t be felt at the surface and caused no damage of any kind). American Water Management Services sued saying they hadn’t violated any laws or regulations on the books and their permits could not just be arbitrarily revoked like that. But the Ohio Oil and Gas Commission said nope–Tom Cruise, er, a, Mr. Simmers can arbitrarily do what he wants when there is no specific rule or guideline or law–because he has the best interests of the people at heart…
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