WV Forced Pooling HB2688 Passes House, Heads to Senate
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…
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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 
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…
There is an effort underway–a serious effort–for towns along the border in some upstate New York counties to secede from New York State and join Pennsylvania. Why? Because of New York’s ban on hydraulic fracturing. And no, this is not an early April Fool’s joke. MDN first started hearing of secession talk shortly after Gov. Cuomo’s disgraceful cabinet meeting in which he let bootlickers Howard Zucker (State Health Commissioner) and Joe Martens (DEC Commissioner) take the fall for a ban on fracking–a ban Cuomo himself wanted. We saw some signs and heard a few mentions of secession and chalked it up to understandably high emotions over Cuomo stealing away their future. But it seems it’s not just so much hot air. A group called the Upstate New York Towns Association has done some polling and found 15 towns along the border area of NY are ready to make the leap. There are, however, some major hurdles in the way…