FERC Says “No” to Anti’s Request for Cove Point LNG Re-hearing
In December MDN told you about the latest strategy from the anti-fossil fuel nutters at Allegheny Defense Project and Wild Virginia–an attempt to get another hearing on Dominion’s Cove Point LNG export facility (see Anti Groups Ask FERC to Stop Construction on Cove Point LNG Plant). Before the two can file yet another frivolous lawsuit with the aim of tying up progress on the plant in legal knots, they must first apply for a “rehearing.” They did so and requested the Federal Energy Regulatory Commission (FERC) have Dominion stop work on the plant in the meantime. FERC said “no” to stopping construction, and “we’ll get back to you in our own good time” on the rehearing. Five plus months later (yesterday) FERC responded, and as we predicted, they handed Allegheny Defense Project and Wild Virginia a big, fat “no” to the rehearing request. You can bet the frivolous lawsuit will get filed within the next few days…
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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…
You may recall MDN has tracked the issue of potential LNG (liquefied natural gas) exports from Canada that would use, in part, Marcellus Shale gas. There are five such possible LNG projects, four of them based in Nova Scotia (see 
New York State’s anti-drilling Dept. of Environmental Conservation Commissioner, Joe Martens, is doing his best to concoct a litigation-proof Supplemental Generic Environmental Impact Statement (SGEIS). The SGEIS is the document that will find too many “troubling” aspects of fracking to allow it in New York. Except there’s potentially a loophole coming in the SGEIS, if press reports can be believed. Fracking WILL be allowed IF it uses under 300,000 gallons of “liquid”–the liquid most likely being water. (A typical well takes 5-8 million gallons of water to frack.) The NY loophole of using up to 300,000 gallons of liquid leads pro-drillers like MDN to muse: Is there an alternative liquid, other than water, that can be used to frack a well economically at under 300K gallons? What if the substance is foam and not liquid–is foam exempt from the 300K gallon cap? Or how about this: Can a driller use 299,999 gallons of water to frack a well and get enough gas out of it to break even and wait until the idiot we have in office now (Gov. Andrew Cuomo) is gone and go back later and re-frack the same well once the 300K gallon restriction is lifted? Hey, it’s fun to speculate. We’re not trying to foster false hope, but we do wonder if there’s a loophole in the SGEIS that can be exploited so landowners and drillers (the good guys) can beat extremist environmentalists like Cuomo, Martens and Yoko Ono (the bad guys)…
GreenHunter Resources continues to aggressively push back against the U.S. Coast Guard (USCG) with respect to barging brine from shale wells. Yesterday was the latest flare-up in the war of words between GreenHunter and the USCG. Once again GreenHunter COO Kirk Trosclair said the way they read the rules, they have permission under existing 1987 rules to barge it. And once again the USCG said no you don’t–not until we say you do. The latest twist is that the USCG says that brine might have high levels of radioactivity and so now the Dept. of Homeland Security is reviewing the whole matter. Which is a neat way of corrupting the issue–just claim there’s a national security issue and that shuts it all down. Still, GreenHunter is committed to begin barge shipments this year. However, we also learned yesterday that those shipments will not originate at GreenHunter’s proposed facility near Wheeling, WV…