Regulation

Hydraulic Fracturing | Industrywide Issues | Ohio | Regulation | Statewide OH

Hall of Shame: Republicans Cancel Fracking Under OH State Parks
March 19, 2015March 19, 2015

Whew–that’s a relief! Ohio state parks are “safe” from that filthy, evil villain “fracking.” It would just be beyond the pale to allow fracking under (not on) state parks which could bring millions of dollars into the coffers of Ohio for RINO Gov. John Kasich to redistribute–say in property tax reductions (like he wants to do with revenue from a super-high severance tax). No no. That goes just too far. We can’t have the state making money from a safe activity like fracking under state parks. And so, once again, Republicans in Ohio have caved. They’ve backed down from a plan that would allow safe drilling under state parks–drilling that towns and cities and numerous municipalities in eastern Ohio allow–because…because they’re spineless? Well, yes! Newly elected House Speaker Cliff Rosenberger, R-Clarksville is one of the spineless wonders. House Energy and Natural Resources Chairman Al Landis, R-Dover, is another. RINO in chief Gov. Kasich was also opposed to safe drilling under state parks, that is, he was for it before he was against it…
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Energy Companies | Industrywide Issues | Pennsylvania | Regulation | Shell | Statewide PA

Shell #2 to Receive Sustainable Shale Development Certification
March 19, 2015March 19, 2015

The Center for Sustainable Shale Development (CSSD) announced yesterday that a second company has achieved the organization’s vaunted seal of approval: Shell. You may recall last September Chevron became the first Marcellus driller to receive CSSD certification (see CSSD Bestows First Certification for Sustainable Drilling: Chevron). Both Chevron and Shell, along with EQT and CONSOL Energy, are founding members of the organization. The CSSD is a partnership between the Marcellus industry and environmental groups to boost the standards–and the image–of shale drilling. It got its start two years (see Important: Drillers & Enviros Form New Group, Launch Cert Program). MDN was initially critical of the organization, with concerns about the expense of a certification for smaller companies–and because CSSD may be setting artificially high requirements that won’t “protect” the environment any more than existing state standards–why spend money and jump through hoops when there’s no real gain in environmental protection? (It also didn’t help that their early attitude was our way or the highway.) However, we’ve spoken to both Andrew Place of EQT, the original acting executive director for the organization, and Susan LeGros, current executive director. In speaking with them, many of our concerns were addressed. We’re not yet full-blown fans, but we’re also not taking pot shots at the organization. Their objective is a worthy one. Will it catch on? That remains to be seen. Here’s the announcement that Shell is now CSSD certified…
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Energy Companies | Indiana County | Industrywide Issues | Pennsylvania | Pennsylvania General Energy | Regulation | Wastewater

PA DEP Nixes Previously Permitted Wastewater Injection Well
March 19, 2015March 19, 2015

The PA Dept. of Environmental Protection under Acting Sec. John Quigley (formerly from the anti-drilling organization PennFuture) has reversed a decision made by the DEP just last October to permit a rare/new wastewater injection well in Indiana County. Most Pennsylvania wastewater that gets injected travels out of state–to either Ohio or West Virginia–for disposal in their injection wells. It would be nice if PA handled a little more of its own wastewater. The DEP under previous Gov. Tom Corbett fully vetted a well Pennsylvania General Energy (PGE) planned to use as an injection well in Grant Township. The DEP issued a permit for the well. Now they’ve welshed on their decision and rescinded the permit they issued last October. The only thing that seems to have changed in the past five months is leadership at the top of the DEP. Ergo, Quigley didn’t want this injection well…
Read More “PA DEP Nixes Previously Permitted Wastewater Injection Well”
Anti-Drilling/Fossil Fuel | Industrywide Issues | Litigation | Pennsylvania | Regulation | Statewide PA

Federal Court Tosses Out Lawsuit by Dr. in PA Act 13 Law – Again
March 19, 2015March 19, 2015

The end of a loooong chapter in lawsuits over Pennsylvania’s Act 13 drilling law came earlier this week when a federal appeals court ruled that no, Dr. Alfonso Rodriguez, a nephrologist from Dallas in Luzerne County, PA does NOT have “standing” to claim Act 13 applies some sort of medical “gag rule” that doesn’t allow doctors access to information they need to treat their patients. Dr. Rodriguez, along with seven selfish towns, sued to overturn Act 13. The towns didn’t like being told they couldn’t zone drilling out of existence within their borders, and the doctor didn’t like being told he couldn’t blab drillers’ trade secrets all over the place. So it went to PA’s Supreme Court and they ruled in favor of the towns, but sent parts of the lawsuit back to a lower court, including the doctor’s portion (see Act 13 Goes Back to Lower Court, Disturbing Comments from Judge). The case has now been tossed out no less than three times in federal court. Hopefully this third time is the charm…
Read More “Federal Court Tosses Out Lawsuit by Dr. in PA Act 13 Law – Again”
Anti-Drilling/Fossil Fuel | Industrywide Issues | Pennsylvania | Pipelines | Regulation | Statewide PA

Chutzpah: Dela. Riverkeeper Takes Credit for Pushing DRBC Around
March 19, 2015March 19, 2015

As part of a story about THE Delaware Riverkeeper’s frivolous lawsuits to stop both the Leidy Southeast pipeline project and the PennEast pipeline project, an article quotes Maya van Rossum, head of Delaware Riverkeeper, claiming that SHE is the reason the Delaware River Basin Commission now puts all pipeline projects under a microscope. That’s real chutzpah. The DRBC quickly denounced van Rossum’s bunkum and said their standards for evaluating pipeline projects haven’t changed…
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Indiana County | Industrywide Issues | Pennsylvania | Regulation | Statewide PA | Wastewater

Change in PA DEP Tone Toward Marcellus Industry Noticeable
March 19, 2015March 19, 2015

The newly reconstituted Pennsylvania Dept. of Environmental Protection has taken on a decidedly more antagonist tone with the Marcellus drilling industry, unfortunately. You can detect this new tone, no doubt fostered by its new Acting Secretary, John Quigley (formerly from the anti-drilling PennFuture), in its press releases. Like the one below. The story is that there is a coal refuse site in Indiana County, PA used to process and store waste from coal mining. Close to that site is a wastewater impoundment where leachate (nasty water coming from the coal refuse site) was collected and stored, creating a somewhat toxic sludge under the impoundment. In addition, some shale drilling wastewater was stored in that same impoundment. It appears that most of the environment hazards come from the coal waste leachate, but notice how shale brine is intertwined, mixed in, subsumed and painted with the same toxic brush as the coal waste leachate–as if brine has the same (or worse) toxicity (which it doesn’t)…
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Hydraulic Fracturing | Industrywide Issues | North Carolina | Regulation

Triassic Park: North Carolina Becomes 34th State to Frack Shale
March 18, 2015March 18, 2015

Yesterday some 120 new rules that govern oil and gas drilling in North Carolina–including a rule that lifts the moratorium on fracking shale deposits–went into effect. In just a couple of years NC was able to do what so far New York hasn’t been able to do in nearly seven years–it became the 34th state to allow shale drilling. While all shale layers are now open for business, the initial flurry of interest seems to be centered in the center of the state in Lee, Moore and Chatham counties. Popularly its called the Triassic Basin, although technically it’s part of a broader area called the Deep River Basin. Within the Triassic is a sub-basin called the Sanford, and it’s there that two companies are already “aggressively” leasing in the area…
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Anti-Drilling/Fossil Fuel | Cuyahoga County | Industrywide Issues | Litigation | Ohio | Regulation | Statewide OH

OH Antis Handed Crushing Defeat in Broadview Hghts Home Rule Case
March 18, 2015March 18, 2015

We’ve commented before on the lawless tendencies of anti-drillers, particularly in Ohio where, when they lose a court case, they declare the government is illegitimate (see OH Anti-Drillers on Rampage after Supreme Court Home Rule Decision). It hasn’t been a full month since the Ohio Supreme Court ruling and now a second, crushing defeat for anti-fossil fuelers. Last week a Cuyahoga County Common Pleas Court judge struck down the Cleveland suburb of Broadview Heights’ so-called community bill of rights that bans all, including shale drilling. Once again, as with the Supreme Court “Munroe Falls” case, we see what sore losers anti-drillers are. If a court case like Broadview Heights doesn’t go their way, they immediately start talking about anarchy–that the government has “ceased to be legitimate.” These are not only stupid people, they’re dangerous too…
Read More “OH Antis Handed Crushing Defeat in Broadview Hghts Home Rule Case”
Chesapeake Energy | Energy Companies | Industrywide Issues | Pennsylvania | Regulation | Statewide PA

Kathleen “Wag the Dog” Kane Says Chessy Investigation Almost Done
March 18, 2015March 18, 2015

One of the Democrats’ favorite tactics: When the spotlight is on you because of your own criminal behavior, try to turn it elsewhere. Quick, anywhere! Bill Clinton tried it when he was being dogged by the Monica Lewinsky scandal–he bombed an aspirin factory in the Sudan. It’s called Wag the Dog–as in create a new issue to distract people from the old issue you don’t want them to focus on any more. Apparently Pennsylvania’s Attorney General, Kathleen Kane, is using the same tactic. A grand jury says Kane broke the law herself in her role as AG by committing perjury (see PA Grand Jury Finds Anti-Drilling AG Kathleen Kane Lied Under Oath). Kane is fighting the charge in court by using Bill Clinton’s lawyer attack dog Lanny Davis. Apparently Lanny is now advising Kane to Wag that Dog too. So Kane is saying her investigation of Chesapeake Energy over shorting landowners out of royalties due to them is “almost wrapped up”–which of course has everyone buzzing and forgetting about her own criminal behavior…
Read More “Kathleen “Wag the Dog” Kane Says Chessy Investigation Almost Done”
Anti-Drilling/Fossil Fuel | Industrywide Issues | Pipelines | Regulation

Marcellus Pipeline Likely Coming to S Jersey, Confirmation Vote
March 18, 2015March 18, 2015

Since early 2014, MDN has chronicled the almost impossible task that utility company South Jersey Gas set before themselves–running a very short 22 miles of pipeline to an electric generating plant that has been ordered to switch from burning dirty coal to burning clean Marcellus Shale gas (see Sierra Club, LWV Chooses Coal over NatGas in South Jersey). It’s an almost impossible task because the pipeline would need to run through 10 miles of scrub pine trees that some in the region believe are sacred. In particular, the NJ Sierra Club and the League of [Liberal Democrat] Women Voters are opposed to the plan and pressured the Pinelands Commission, the state regulatory body that oversees the area, to not approve the plan. NJ Gov. Christie then booted two of the members of the Pinelands Commission last May and nominated two new members, bringing us a step closer to achieving the impossible (see Marcellus Pipeline May Come to South Jersey After All). It’s taken almost a year, but the NJ Senate has just confirmed the second of those two new members, which most people read to mean that the Pinelands Commission will now vote to approve the South Jersey Gas pipeline…
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Forced Pooling | Industrywide Issues | Regulation | Statewide WV | West Virginia

The Real Story of Why Forced Pooling Bill Failed in WV
March 17, 2015March 17, 2015

Yesterday MDN reported a story that (so far) few others have bothered to report: West Virginia’s House Bill (HB) 2688 failed to gain passage at literally the eleventh hour–one hour before the annual 60-day session ended (see Republicans (!) Help Defeat WV Forced Pooling at 11th Hour). We believed, and repeated, the reporting we saw on the final vote–that Republicans were largely responsible for the last minute defeat of the bill. That was inaccurate. We were contacted yesterday by Ron Hayhurst, head of the West Virginia Royalty Owners Association, who was himself very much a part of brokering what he believes is the best possible bill (HB2688) to protect mineral rights owners in the Mountain State. Ron told us the last minute change in the House vote had nothing to do with Republicans defecting–and he is right. Although House Del. Pat McGeehan (a Republican) voted “no” both times, he was not the hero of the day, as reported in some media accounts. The truth is this: WV Democrats got their knickers in a twist over losing several other votes last Saturday and they decided to punish the Republicans by denying them passage of this bill. The original House vote was 60-40 in favor of HB2688. The final vote was 49-49 tie (with 2 people missing in action for the final vote). Of the 11 who changed their votes (names below) from “yes” the first time to “no” the second time–all 11 were Democrats. There were two Republicans who changed from an original “no” to vote “yes”–but it wasn’t enough to eke out a win. Hayhurst says when forced pooling is passed (a question of when, not if) the bill may not be as favorable to mineral rights owners as this one was…
Read More “The Real Story of Why Forced Pooling Bill Failed in WV”
Anti-Drilling/Fossil Fuel | Industrywide Issues | Litigation | Pennsylvania | Pike County | Regulation | Statewide PA | Wayne County

PA Gov Tom Wolf Supports DRBC Moratorium on Marcellus Drilling
March 17, 2015March 17, 2015

As we’ve stated a number of times, newly-elected PA Gov. Tom Wolf is a major disappointment–a man out of his depth in attempting to run an entire state. Now comes word that Wolf supports the Delaware River Basin Commission’s (DRBC) anti-drilling policies that prevent drilling in his own state. We previously told you Wolf had employed the former anti-drilling head of the DRBC as a member of his transition team (see PA Gov-Elect Wolf Transition Team Includes DRBC’s Carol Collier). Two weeks ago, Wolf proposed increasing the DRBC’s budget by 73%, while states like New York and New Jersey continue to refuse paying their fair share (see PA Gov Wolf Increases DRBC Funding by 73% to 3/4 Million Bucks). Now he adds insult to injury by saying he supports the drilling ban in Wayne and Pike counties in his own state…
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Forced Pooling | Industrywide Issues | Regulation | Statewide WV | West Virginia

Republicans (!) Help Defeat WV Forced Pooling at 11th Hour
March 16, 2015March 16, 2015

In a stunning upset at the eleventh hour, WV House Bill (HB) 2688, a bill that allows forced pooling (and a bill that seemed assured of passage just last Friday) died in a rare tied vote. On Friday, we told you HB2688 was all but a done deal (see Looks Like Forced Pooling is, After 5 Years, Coming to WV). So what happened? As predicted, the bill went to the WV Senate where it was passed on a vote of 24-10. The House had previously passed it on a vote of 60-40, but the bill had amendments that took it back to the House for final passage on the very last day of the regular session (Saturday). The last vote on the bill ended up in a rare tie of 49-49. When a vote on a bill ends in a tie, it doesn’t pass. And there it ended. Why did the vote swing from a comfortable margin the first time it passed in the House to a tie the second time? It largely appears to be the efforts of House member Pat McGeehan, a Republican, who calls forced pooling “legal plundering”…
Read More “Republicans (!) Help Defeat WV Forced Pooling at 11th Hour”
Anti-Drilling/Fossil Fuel | Energy Services | Industrywide Issues | Litigation | Luzerne County | Pennsylvania | Pipelines | Regulation | Statewide PA | Transco | Williams

Dela. Riverkeeper Halts Transco Pipeline Upgrade with Lawsuit
March 16, 2015March 16, 2015

Someone needs to sue THE Delaware Riverkeeper (Maya van Rossum) the way that organization is suing legitimate and legal companies to block legitimate and legal activity in the Marcellus Shale. Delaware Riverkeeper apparently has endless bags of money, made available to them by the Park Foundation, Heinz Endowments and other anti-drilling “non-profit” groups, to file endless frivolous lawsuits. The latest is particularly insidious. Williams has just received approval from the Federal Energy Regulatory Commission (FERC) to build a few loops–extra lengths of pipeline immediately next to existing pipeline–for the Transco Pipeline in northeast PA and in NJ (see FERC Approves Williams Leidy Southeast Project in PA/NJ). Part of the requirement by FERC is that Williams cannot cut down trees between April and October–a full seven months–to avoid “harming” the endangered Indiana bat that may (or may not) roost in those trees…
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Anti-Drilling/Fossil Fuel | Butler County | Energy Companies | Industrywide Issues | Litigation | Pennsylvania | Regulation | Rex Energy

Dela. RiverKeeper, Clean Air Council Cost Middlesex Residents $35K+
March 16, 2015March 16, 2015

THE Delaware Riverkeeper (Maya van Rossum) and the Clean Air Council, both located in the orbit of Philadelphia, have gone all the way to the opposite side of the state to meddle and cause mischief (see Martian Chronicles: Delaware River Basin Shifts to Western PA?). They’ve not only delayed legal and legitimate Marcellus drilling on the other side of the state, now they’ve cost the taxpayers in Middlesex Township (Butler County), PA over $35,000 in legal fees–and the costs keep mounting. Thank you Delaware Riverkeeper and Clean Air Council with your frivolous meddling! Those groups, in league with “four residents” are challenging the right of Middlesex to allow Rex Energy to drill several Marcellus Shale wells on a pad in a rural area that’s 3/4 of a mile away from the Mars School (see Rex Drilling Operation Near Mars School Put on Hold). Their meddling is costing real money–not only for Rex Energy, but also for the taxpayers of Middlesex who are nothing more than collateral damage for Riverkeeper and the Clean Air Council in their war on fossil fuels…
Read More “Dela. RiverKeeper, Clean Air Council Cost Middlesex Residents $35K+”
Energy Companies | EQT Corp | Hydraulic Fracturing | Industrywide Issues | Kentucky | Regulation

Kentucky Fracking One Step Closer: Commission Considers 1st Permit
March 16, 2015March 16, 2015

In January, MDN told you that shale drilling/fracking may soon come to Kentucky (see Fracking on the Way in the Bluegrass State? Quite Possibly). Several weeks ago the Kentucky Oil and Gas Conservation Commission, a group that “rarely meets” (last meeting was in 2006) held a meeting to consider granting Kentucky’s very first deep horizontal natural gas drilling permit. The company applying for the permit is Horizontal Technology Energy Company, a subsidiary of Pittsburgh-based EQT. Horizontal Technology wants to drill a well in the Rogersville Shale in the eastern part of the state. No word yet on the result of that meeting…
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