Regulation

Industrywide Issues | Pennsylvania | Regulation | Statewide PA

PA Rep. Vitali Wants to Force Residents to Use LESS Natgas
March 6, 2015March 6, 2015

Some days you just shake your head. With all due respect to our many Democrat readers and friends–how can some Democrats be so utterly stupid? The latest example comes from Pennsylvania. State Rep. Greg Vitali (Democrat from the Philly area, why are we not surprised) wants to force natural gas utilities–the folks who sell you gas to burn in your furnace or use in your stoves for cooking–to sell you less natural gas. Why? Because of his personal views about so-called global warming. His justification (picked up and amplified by the dictationists at the Pittsburgh Post-Gazette) is that electric utilities are already being forced to do it–and hey, Dems like to spread the misery around, ya know?…
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Forced Pooling | Industrywide Issues | Regulation | Statewide WV | West Virginia

WV Forced Pooling HB2688 Passes House, Heads to Senate
March 5, 2015March 5, 2015

West Virginia House Bill (HB) 2688 (see WV HB2688 Forced Pooling Bill Continues March Toward Passage) has done what no other forced pooling bill over the past six years has done–it’s been approved by a full vote in the WV House. The House approved HB2688 on Wednesday by a vote of 60-40. The vote came after two hours of spirited debate over the merits–or lack thereof–in forcing some holdout mineral rights holders to allow drilling in certain, limited situations. Why has this bill gone further than the others before it? Probably because it creates a standard that 80% of the mineral rights in a unit must be leased in order to “force” the other 20% into the unit–to allow drilling. That’s one of (perhaps the) highest percentage for any state with a forced pooling provision. The bill now heads to the Senate for a vote…
Read More “WV Forced Pooling HB2688 Passes House, Heads to Senate”
Anti-Drilling/Fossil Fuel | Industrywide Issues | Pennsylvania | Regulation | Statewide PA

PA Gov Wolf Increases DRBC Funding by 73% to 3/4 Million Bucks
March 5, 2015March 5, 2015

On Tuesday, PA Gov. Tom Wolf delivered the most expensive budget in PA history, a budget that plans to steal money from landowners and drillers and give it away to Big Education (see Post-Gazette: Wolf Budget with Severance Tax “a Miss…Utter Folly”). Not only does Tom Wolf want to “restore funding” for Big Education, he also, disappointingly, intends to restore funding for the Delaware River Basin Commission (DRBC) so it can continue its anti-drilling ways. Wolf wants to lavish the DRBC with 3/4 of a million dollars, which is a 73% increase over last year’s funding under then-Gov. Tom Corbett. The problem with funding the DRBC is that PA taxpayers are footing most of the bill because other member states, including NY, NJ and the federal government, are short-changing the DRBC–not paying what they owe. Delaware is the lone member that pays what it’s supposed to (which is much less than PA). So PA taxpayers are in the unenviable position of propping up an organization that acts against their interests…
Read More “PA Gov Wolf Increases DRBC Funding by 73% to 3/4 Million Bucks”
Anti-Drilling/Fossil Fuel | Industrywide Issues | Landfills | Litigation | Ohio | Regulation | Statewide OH | Wastewater

Anti Groups Sue ODNR to Stop All Frack Waste Disposal in State
March 5, 2015March 5, 2015

With seeming endless supplies of money to file frivolous lawsuits, the virulently anti-drilling and misnamed Food & Water Watch (FWW) along with the so-called FreshWater Accountability Project (FWAP) have, yes, filed yet another lawsuit. Surprise! This time to the two organizations are suing the Ohio Dept. of Natural Resources (ODNR) in a case that, if successful, would prevent the ODNR from issuing permits to allow the safe disposal of frack wastewater and drill cuttings. That is, drillers in Ohio (and Pennsylvania, which sends a lot of waste to Ohio for disposal), would have no place to safely dispose fracking wastes, which would (you guessed it) shut down drilling in the Utica and Marcellus…
Read More “Anti Groups Sue ODNR to Stop All Frack Waste Disposal in State”
Industrywide Issues | Pennsylvania | Regulation | Statewide PA

More Troubling Remarks by Wolf’s Acting DEP Sec. John Quigley
March 4, 2015March 4, 2015

PA Gov. Tom Wolf’s Acting Secretary of the Dept. of Environmental Protection (DEP), John Quigley, is increasingly bold in his pronouncements about the Marcellus industry, which is deeply troubling. He did, after all, once work for and advocate for the anti-drilling PennFuture (see Ripping the Mask off PennFuture & It’s Former Employees). In reading an article where Quigley is quoted, we’re somewhat alarmed at his increasing boldness in trash-talking the Marcellus industry…
Read More “More Troubling Remarks by Wolf’s Acting DEP Sec. John Quigley”
Energy Services | Industrywide Issues | Ohio | Pipelines | Regulation | Rockies Express Pipeline | Statewide OH

REX Pipeline Zone 3 East-to-West Project Gets FERC Approval
March 3, 2015March 3, 2015

A big announcement yesterday from Tallgrass Energy Partners, owners of the Rockies Express Pipeline (REX). REX has received approval from the Federal Energy Regulatory Commission (FERC) to modify “certain facilities” along the REX pipeline from Monroe County, OH all the way to Moultrie County, IL–something they call the Zone 3 East-to-West Project. When complete, it means REX will flow an additional 1.2 billion cubic feet of natural gas per day from the Utica and Marcellus to Midwest markets. A second important announcement: The Seneca Lateral of the REX (Noble County, OH) is now fully operational. REX upgraded compressor stations along the Seneca Lateral which has boosted available capacity on the pipeline to 600 million cubic feet per day…
Read More “REX Pipeline Zone 3 East-to-West Project Gets FERC Approval”
Industrywide Issues | Pennsylvania | Regulation | Statewide PA | Wastewater

CSSD Expands Certification Standard to Include Wastewater Disposal
March 2, 2015March 2, 2015

The Center for Sustainable Shale Development (CSSD) has popped back into the news. The CSSD is an effort by both the drilling industry and environmental groups to craft a set of standards that both sides can support resulting in (for those companies who follow the standards)–a sort of Underwriters Laboratory “seal of approval” certification. You can boil it down to an effort to, “Can’t we all just get along?” As MDN has chronicled over the past two years since it was launched in March 2013, it’s been a rocky start for the CSSD (see MDN’s string of stories on the CSSD here). MDN has been critical of the organization from the beginning, although lately we’ve begun to warm to the organization and its mission. We’ve spoken in person with both the former executive director of the CSSD, Andrew Place (from EQT) and the current executive director, Susan LeGros. They both make a compelling case for the organization. LeGros and the CSSD announced last week they have, for the first time, expanded one of their 15 standards to include guidelines for what happens to frack wastewater after it has left the drilling site…
Read More “CSSD Expands Certification Standard to Include Wastewater Disposal”
Hydraulic Fracturing | Industrywide Issues | Regulation

Major Improvements Coming to Fracking Chemical Database FracFocus
March 2, 2015March 2, 2015

FracFocus is the national hydraulic fracturing chemical registry. Some 20 states now use it to fully disclose the fracking chemicals used at each and every shale well drilled. Want to know what chemicals were used to drill a specific well near you? Head to FracFocus.org and you’ll quickly find the answer. FracFocus, supported by the industry, is managed by the Ground Water Protection Council and the Interstate Oil and Gas Compact Commission, two organizations whose missions both revolve around conservation and environmental protection. Anti-drillers don’t like FracFocus because it publishes the truth about chemicals used in fracking–it ain’t all that much and it ain’t killin’ people. Therefore, anti-drillers look to denigrate the good work being done by FracFocus (don’t listen to their lies). More good news: Even though it’s just four years old, FracFocus continues to innovate and update. In 2015 they’re rolling out several major new improvements…
Read More “Major Improvements Coming to Fracking Chemical Database FracFocus”
Anti-Drilling/Fossil Fuel | Industrywide Issues | Pennsylvania | Regulation | Statewide PA

Ripping the Mask off PennFuture & It’s Former Employees
February 27, 2015February 27, 2015

For months now, since the announcements of who then Gov.-elect Tom Wolf would appoint in his new administration to head up environmental efforts at both the Dept. of Environmental Protection (John Quigley) and the Dept. of Conservation and Natural Resources (Cindy Dunn), MDN has called attention to the fact that both of those individuals are problematic based on their previous roles in the anti-drilling organization PennFuture. A third member of the Wolf administration is John Hanger, a previous Secretary at the DEP and an early member (supposedly founder) of PennFuture. All three once worked for Democrat Gov. Ed “Fast Eddie” Rendell and now are at the top of the power structure in Harrisburg working for Wolf. MDN friend and ace analyst Tom Shepstone rips the mask off PennFuture and exposes it for what it is in a new article published on his always excellent Natural Gas Now website. Tom delves into the intricate (and sleazy) web that connects PennFuture to anti-drilling organizations like the Heinz Endowments, the Delaware Riverkeeper, William Penn Foundation, FracTracker Alliance and others. Because it’s important for PA citizens to understand who these people are–and because it’s important for PA’s legislators to question (grill) Quigley and Dunn about their anti-drilling activities before confirming them–we bring you Tom’s excellent expose below…
Read More “Ripping the Mask off PennFuture & It’s Former Employees”
Air Quality | Anti-Drilling/Fossil Fuel | Industrywide Issues | Litigation | Pennsylvania | Potter County | Regulation | Statewide PA | Tioga County (PA)

Crushing Defeat for PennFuture in Lawsuit re Compressor Stations
February 27, 2015February 27, 2015

PennFuture, the anti-drilling organization that has produced three top lieutenants in the PA Gov. Tom Wolf administration (see Ripping the Face off PennFuture & It’s Former Employees), frequently uses the court system in its attempt to slow or stop the Marcellus industry. One such case was a lawsuit PennFuture filed against Ultra Resources in 2011. Ultra had eight compressor stations scattered across Tioga and Potter counties–all of them many miles apart from each other. PennFuture tried to make the legal argument that all of the compressor stations should be combined together and treated as a single entity for the purposes of the federal Clean Air Act, which would have resulted in either very expensive equipment to reduce each facility’s nitrgen oxide (NOx) output, or perhaps closed some of them down to make the combined total come in under a certain threshold. PennFuture tried to say the eight facilities are “adjacent” for the purpose of the Clean Air Act. Ultra argued adjacent means “next to,” as in sharing a border. It all boils down to what the definition of adjacent means. Earlier this week U.S. District Court for Pennsylvania’s Middle District ruled in favor of Ultra and against PennFuture…
Read More “Crushing Defeat for PennFuture in Lawsuit re Compressor Stations”
Broome County | Hydraulic Fracturing | Industrywide Issues | New York | Regulation

One NY Town Plans to Frack Anyway, Looks for Way Around Cuomo Ban
February 27, 2015February 27, 2015

A common misconception for those who live in New York–especially dunderheaded anti-drillers–is that “Cuomo banned all fracking” in the Empire State. Sorry you dolts, fracking has been going on in this state for more than 40 years–and continues to this very day. The kind of fracking Cuomo banned is water-based, high volume horizontal fracking. New York’s drillers have and continue to drill vertical wells and frack them using less than 75,000 gallons of water. Presumably if a driller wants to drill a horizontal shale well and use something other than water, they can do that as well. At least, that’s the theory–and it’s that theory that the Town of Windsor (in Broome County, NY) is using to develop a plan to allow drillers to develop new shale wells in the town…
Read More “One NY Town Plans to Frack Anyway, Looks for Way Around Cuomo Ban”
Anti-Drilling/Fossil Fuel | Hydraulic Fracturing | Industrywide Issues | Maryland | Regulation | Statewide MD

Maryland Dems Introduce Liability Bill in Attempt to Ban Fracking
February 27, 2015February 27, 2015

Maryland’s anti-drillers aren’t going down without a fight. On his way out of office, Maryland Democrat Martin O’Malley set the wheels in motion to allow fracking in the state (see Maryland Gets Ready to Frack! Gov O’Malley Files New Regulations). Almost immediately a Maryland Democrat in the House of Delegates, from a Washington, DC suburb, introduced a moratorium bill (see Maryland Delegate Introduces Moratorium, Before Fracking Begins). That bill isn’t getting any traction, so the Dems have returned to a favorite tactic used by totalitarian governments around the world: you’re guilty until you prove you’re innocent. It’s the exact opposite of the jurisprudence philosophy that underpins the greatest country on earth–ours. In the USA, you’re innocent until proven guilty. But a new bill just introduced in the Maryland legislature, actually supported by Maryland’s Democrat attorney general, would flip that around and presume drillers are at fault if there’s the least little change in water quality, air quality, etc. Under this bill, you’re guilty and YOU WILL PAY until you prove otherwise. In other words, this bill is a ban on drilling flying under a different name…
Read More “Maryland Dems Introduce Liability Bill in Attempt to Ban Fracking”
Accidents | Crude Oil | Fayette County | Industrywide Issues | Regulation | West Virginia

Update on Bakken Oil Train Derailment in WV; Unreported Fact
February 24, 2015February 24, 2015

Last week MDN told you about the latest train derailment hauling Bakken crude oil that occurred in West Virginia (see Bakken Oil Train Derails in WV: Destroys House, 2 Towns Evacuated). The good news is that no one was injured in the accident. However, it was/is a major disruption in the area where it happened, in Fayette County. Some of the oil ended up in the Kanawha River, one house was destroyed and two towns were evacuated. What a mess. We have an update on where things stand, along with new news that the rail cars hauling the crude were NOT the older DOT-111 style cars that have been criticized as not being strong enough–but indeed they were the newer CPC 1232 tanker cars…
Read More “Update on Bakken Oil Train Derailment in WV; Unreported Fact”
Industrywide Issues | Pennsylvania | Regulation | Statewide PA

Will DEP Sec Quigley Intentionally Miss Deadline for New Drilling Regs?
February 24, 2015February 24, 2015

Last week MDN gave you the heads up that new “acting” Sec. of the PA Dept. of Environmental Protection, John Quigley, is already signaling his desire to clamp down on the Marcellus industry. He mass-fired the members of the Oil and Gas Technical Advisory Board (OGTAB)–something no other governor and head of the DEP has done in living memory (see Why did PA DEP Acting Sec Quigley Mass Fired Gas Advisory Board?). Scott Perry, deputy secretary of the DEP, says long-awaited new regulations formulated after the Act 13 law was passed in 2012 will not be delayed because of the mass firings on the OGTAB. Others, however, are not so sure. We still see tremors of a coming earthquake in which Wolf/Quigley screw around and miss the deadline (intentionally) and then rewrite the new regulations once again, to suit their own proclivities on drilling…
Read More “Will DEP Sec Quigley Intentionally Miss Deadline for New Drilling Regs?”
Anti-Drilling/Fossil Fuel | Blue Ridge Mtn Res/Magnum Hunter | Energy Companies | Energy Services | GreenHunter Resources | Industrywide Issues | Ohio County | Regulation | Wastewater | West Virginia

GreenHunter Keeps Pressure on USCG to Barge Brine on Ohio River
February 23, 2015February 23, 2015

GreenHunter Resources is keeping up the pressure on the U.S. Coast Guard (USCG)–essentially daring them to stop GreenHunter from proceeding with barging brine–or produced water–from shale wells down the Ohio River (see GreenHunter to Coast Guard, We’re Barging While You Fiddle Around). In new comments last week, GreenHunter’s Chief Operating Officer Kirk Trosclair reaffirmed his company is proceeding with its plan to begin barging from a facility in Wheeling, WV. Meanwhile, so-called “environmental” groups are organizing and joining forces with the Wheeling Water Warriors (Warriors, Warriors, Warriors…that’s an echo you hear for our superheros) to oppose GreenHunter from barging a substance that isn’t anywhere near as toxic as the chemicals that currently float down the river on barges every single day. Here’s what Trosclair said last week…
Read More “GreenHunter Keeps Pressure on USCG to Barge Brine on Ohio River”
Industrywide Issues | Litigation | Ohio | Regulation | Statewide OH

Some Options Still Available After OH Court Strikes Down Home Rule
February 23, 2015February 23, 2015

Last week we brought you the good news that the Ohio Supreme Court ruled against local municipalities trying to block Utica Shale drilling by using local zoning ordinances (see OH Supreme Court Strikes Down Home Rule in Gas Drilling Case). In Munroe Falls v Beck Energy (sometimes called Morrison v Beck Energy) the supremes said ONLY the Ohio Dept. of Natural Resources (ODNR) has the right, under state law, to control when and where drilling occurs. However, according to at least one energy attorney in the state, there’s still a lot local municipalities can do affect–even control–where and when drilling happens. That’s his claim anyway…
Read More “Some Options Still Available After OH Court Strikes Down Home Rule”