Virginia AG Says Localities Can “Regulate” & “Prohibit” Fracking
Apparently Virginia’s Attorney General, Mark Herring, believes every county and town in the Old Dominion is populated with oil and gas experts. How else could he issue an advisory opinion that, in his opinion, every municipality in the state has the authority to regulate and/or prohibit fracking within its jurisdiction? Every other oil and gas producing state, save a bad decision made by New York’s highest court, says oil and gas regulation is solely under the purview of the state–and for good reason. The state employs oil and gas experts who know what they’re doing–what’s safe and what isn’t. How the process works. What pollutes and what doesn’t pollute. But AG Herring has thrown that out the window in Virginia…
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We have two big pieces of news to share with you today about the Cove Point, Maryland LNG export facility being built by Dominion. The first is that yesterday, after a years-long process, the Obama Dept. of Energy finally gave Dominion their final stamp of approval to build the facility. Last month we pointed out this last piece of the puzzle still had not fallen into place (see 
Something troubling for MDN. The Constitution Pipeline, a 125-mile pipeline that will stretch from the gas fields of Susquehanna County, PA into New York–to Schoharie County, has been approved by the Federal Energy Regulatory Commission (FERC), a multi-year process. The only thing keeping Williams from starting up the backhoes and beginning to lay pipeline is New York State–specifically the state’s Dept. of Environmental Conservation (DEC). The DEC must grant what’s called a 401 Water Quality Certificate that allows the Constitution to lay pipe through and under swamps, creeks and other bodies of water. The DEC ran a series of public hearings on it, one of which MDN editor Jim Willis attended in January (see 
Book ’em, Danno!” Remember that phrase from the original Hawaii 5-0 television series that aired from 1968-1980? Jack Lord was great as Steve McGarrett. That’s the image we immediately had when reading a story about the U.S. Environmental Protection Agency executing a search warrant at a Vienna Township, OH brine injection well. The EPA was looking for evidence in an “environmental crime.” We have to confess we find the whole concept of “environmental crime” somewhat silly. You have violations of regulations–sometimes egregious and yes, criminal. But we detect a shift by anti-drillers to move the debate into turning what are sometimes pure accidents, other times neglect, but rarely intentional activities into “crimes.” The law-breaking Attorney General of Pennsylvania, Kathleen Kane, is famous for this. After taking office she targeted XTO Energy for what she says is a “crime” that happened several years before she took office. The “crime”? An accidental spill of wastewater. That’s how these people operate. Salem witch hunt kind of attitude–they’re frackers, burn them at the stake! Back to Vienna. The EPA in search of a crime worked with the OH Attorney General’s office and the OH Bureau of Criminal Investigation to raid the injection well facility to find “evidence” of a crime after a recent spill at the facility…