Regulation

Columbia Pipeline Group | Energy Services | Industrywide Issues | Pennsylvania | Pipelines | Regulation | Washington County

Columbia Withdraws Compressor Plan, Seeks Alternative in SWPA
January 29, 2015January 29, 2015

Columbia Midstream Group, a subsidiary of NiSource, has withdrawn an application to build a compressor station in South Strabane Township (Washington County), PA and has, instead, applied to build two smaller facilities at the same site: a launcher/receiver facility and a metering station (both related to pipelines). The land they intend to build on is a 251-acre plot owned by Range Resources. Nearby residents who attended a public hearing on Tuesday night were still against the plan, even though it’s not nearly as big and noisy and polluting as a compressor station…
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Industrywide Issues | Litigation | New York | Regulation | Statewide NY

Federal Defense of Property Rights Act Explained; End of Frack Bans?
January 28, 2015January 28, 2015

MDN has the low-down on proposed new federal legislation we first told you about yesterday, the Defense of Property Rights Act (see Congressman Proposes Bill to Compensate NY’s Jilted Landowners). When we published yesterday’s article, we did not have a copy of the proposed legislation that has been introduced by Congressman Tom Reed (Republican from Corning, NY). We now have a copy of the bill (embedded below), we have comment from Reed’s office, comment from the Joint Landowners Coalition of New York (JLCNY), and we’ve spoken to a top attorney that has elucidated just what is in the bill. Bottom line: it’s a good bill and we need to support it. Here’s why…
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CNG/LNG | Industrywide Issues | New York | Regulation | Statewide NY

Small Victory: NY to Allow LNG Storage Facilities – Again
January 28, 2015January 28, 2015

Fracking to obtain natural gas is potentially too dangerous for public health, according to New York Dept. of Environmental Conservation Commissioner Joe Martens. Or so he said in December when he agreed with a trumped up report by Acting State Health Commissioner Dr. Howard Zucker. (Stay tuned, Zucker won’t be “acting” much longer–he’ll soon be rewarded with the full title for his performance in December–the quid pro quo for prostituting himself for Cuomo.) However, it’s just fine with Joe if fracked gas from other states is liquefied and stored in facilities in NY, available for use by trucking fleets and other customers. Today (Wednesday) Martens will release new rules that allow liquefied natural gas (LNG) storage facilities to operate in the state–facilities that have been banned since the 1970s following an explosion at an LNG facility on Staten Island that tragically killed 40 workers. Anti-drillers have fought the re-introduction of LNG facilities tooth and nail, so we count today’s announcement as a small victory for the good guys in the ongoing fracking wars in NY…
Read More “Small Victory: NY to Allow LNG Storage Facilities – Again”
Dominion Energy | Energy Services | Industrywide Issues | Pipelines | Randolph County | Regulation | Statewide WV | West Virginia

USFS Seeks Comment on Pipeline Survey in Monongahela Natl Forest
January 28, 2015January 28, 2015

Here on Pandora where the forests are sentient and can think and feel…oh wait, that’s in the movie Avatar and the sequel is not due out until the end of 2017 (drats!). We live on Mother Earth, not on Pandora. But you wouldn’t know it by the reaction of anti-drillers at the prospect of running Dominion’s Atlantic Coast Pipeline through 17 miles of the Monongahela National Forest. You’d swear the forest can actually feel it–and would experience a catastrophic wound in its very soul…
Read More “USFS Seeks Comment on Pipeline Survey in Monongahela Natl Forest”
Industrywide Issues | New York | Regulation | Statewide NY

Congressman Proposes Bill to Compensate NY’s Jilted Landowners
January 27, 2015January 27, 2015

Congressman Tom Reed (Republican, Conservative) from the Southern Tier/Twin Tiers area of New York (Corning region) is “leading the charge” in Washington by proposing new legislation that would require states, like New York, to compensate residents when it causes them harm by action or inaction–like the recent Gov. Andrew Cuomo decision to ban fracking in the state. Under Reed’s proposal, called the “Defense of Property Rights Act,” landowners would be entitled to receive $20,000 or 20% of the value of their land. Below is the press release from Reed’s office, a few extra details we’ve gleaned from news accounts, and our own opinion of this strategy…
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Chesapeake Energy | Energy Companies | Industrywide Issues | Pennsylvania | Regulation | Statewide PA

Guest Post: Bradford Co Landowner Asks Gov. Wolf to Support HB 1684
January 27, 2015January 27, 2015

MDN has written plenty about Pennsylvania’s HB 1684–the Guaranteed Minimum Royalty Act (see these MDN articles). In essence, some companies (cough *Chesapeake Energy* cough) have gotten creative with deducting post-production costs from royalty checks. According to the PA Guaranteed Minimum Royalty Act of 1979, royalty owners (landowners) must receive no less than 1/8, or 12.5%, by law. But when Chessy and others start deducting this and that, never spelled out in the original lease agreement, landowners are getting the shaft–way lower than 12.5%. In some cases they get royalty checks for a few dollars! Bradford County landowner John Williams is concerned, both about HB 1684 and newly elected Gov. Tom Wolf’s stand on that bill, and about Wolf’s proposed 5% severance tax. Will the severance tax be the next deduction gas companies take, further reducing royalty checks? Is the severance tax Tom Wolf proposes a tax that will be paid, in essence, by landowners? We thank John for his guest post…
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Hydraulic Fracturing | Industrywide Issues | Maryland | Regulation | Statewide MD

As Maryland Gets Ready to Frack, Will New Gov Change Regs?
January 26, 2015January 26, 2015

Two members of the Maryland Marcellus Shale Advisory Commission, writing in the Baltimore Sun yesterday, say that with only a few weeks left before new rules to allow Marcellus Shale drilling in western Maryland go into effect, the state’s newly elected Republican governor, Larry Hogan, has “every right to thoroughly review, modify or even pull back the draft regulations.” But the two commission members–Harry Weiss, a partner at the Ballard Spahr law firm, and Jeffrey Kupfer, former deputy secretary at the U.S. Dept. of Energy–say before Hogan goes changing things, he should consider…
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Air Quality | Industrywide Issues | Pennsylvania | Regulation | Research | Sand/Proppant | Wyoming County (PA)

DEP Begins Air Study Near Proposed Frac Sand Facility in NEPA
January 23, 2015January 23, 2015

For some time, MDN has followed the developing story in rural Tunkhannock, PA (Wyoming County) where D&I Silica, now owned by Hi-Crush Partners, wants to build a frac sand transfer station along a rail line. D&I lacked only one thing before they could begin construction–a permit from the county. Residents in the area are concerned that the silica, or frac sand, will become airborne and create health issues–so the county resisted in granting the permit. D&I took the county to court and the case was settled last November, allowing D&I to move forward. However, the county wanted to conduct an air quality study. The state Dept. of Environmental Protection said they would conduct an air quality study, but the county a private, third party company to do the study (see Deuling Air Quality Studies for NEPA Frac Sand Transfer Station). Once the county found out the air quality study would cost them $130,000, they decided the DEP’s study will do just fine, thank you very much. The county decided to pay $7,500 instead to have their independent, third party consultant review the study done by the DEP. Yesterday the DEP showed up and started to set up equipment for the study…
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Anti-Drilling/Fossil Fuel | Industrywide Issues | Litigation | Pennsylvania | Regulation | Statewide PA

Anti Group Asks PA Court for a Do-Over on State Land Drilling Decision
January 23, 2015January 23, 2015

Earlier this month we reported the crushing defeat of the litigious anti-drilling group Pennsylvania Environmental Defense Foundation (PEDF) in their lawsuit that attempts to stop all drilling and leasing of state-owned lands for oil and gas drilling (see PA Court Rules to Allow More Leasing/Drilling of State-Owned Land). Even though it was a victory for pro-drillers, it was a “dirty” win because it relied on and reinforced the flawed PA Supreme Court “Robinson” case on Act 13 zoning (see Troubling Win in PA Court Victory that Allows State Land Drilling). The litigious PEDF is back to take yet another bite at the apple. They’ve filed an “Application for Reargument” in the case. They want the judge to call a “do-over” so they can try, once again, to ban drilling on state-owned land…
Read More “Anti Group Asks PA Court for a Do-Over on State Land Drilling Decision”
Industrywide Issues | Pipelines | Regulation

Sen. Inhofe Outsmarts Democrats, Votes to Say Climate Change is Real!
January 23, 2015January 23, 2015

Sen. Jim Inhofe from Okalhoma, Chairman of the Senate Committee on Environment and Public Works, has changed the debate on man-made global warming once again, much to the consternation of the wacko left. We saw a press release from Inhofe’s office yesterday (below) saying that Sen. Inhofe and virtually every other Republican in the Senate had just joined the Democrats in voting 98-1 in favor of an amendment on the Keystone XL Pipeline bill that says “climate change is real and it is not a hoax.” We did a double-take. Really? Inhofe says he now believes in climate change?! Then we read further. In the next breath, Inhofe said: “How arrogant is it for people to say that man can do something about changing the climate?” Inhofe, by co-sponsoring and voting for the amendment, is pointing out the corrosion of our language…
Read More “Sen. Inhofe Outsmarts Democrats, Votes to Say Climate Change is Real!”
Industrywide Issues | Lease & Royalty Payments | Pennsylvania | Regulation | Statewide PA

PA Senate Reintroduces Two Marcellus Royalty Bills, SB 147 & 148
January 22, 2015January 22, 2015

The “funny business” of shorting royalty checks in Pennsylvania–particularly by Chesapeake Energy–may soon come to an end. A pair of bills that didn’t make it past the House last session have been re-introduced in the Senate and both have already passed the Senate Environmental Resources and Energy Committee unanimously. State Sen. Gene Yaw, Republican from northeast Pennsylvania, re-introduced Senate Bills (SB) 147 & 148. SB 147 allows landowners the right to review drilling company records to verify proper royalty payment. It also requires drillers to pay royalties within 90 days of production. SB 148 prohibits drillers from “retaliating” against a landowner who questions royalty payments by canceling the lease or stopping drilling activity. Both bills are embraced by the Pennsylvania chapter of the National Association of Royalty Owners (NARO)…
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Broome County | Hydraulic Fracturing | Industrywide Issues | New York | Regulation | Statewide NY

Pro-Drilling New Yorkers Protest Gov. Cuomo During State of State
January 22, 2015January 22, 2015

You want to know how biased local liberal media can be? Get this: Yesterday, on the day that New York Gov. Andrew Cuomo delivered his Santa Claus impersonation, er, State of the State address, more than 70 pro-drillers gathered outside the State Office Building in downtown Binghamton, NY for an hour during the middle of the work day to protest Gov. Cuomo’s decision to ban fracking. The only daily newspaper in Broome County, the local newspaper of record, the Press & Sun-Bulletin–didn’t carry a single word about the protest. Not one word. That’s how biased (and frankly censored) the Press & Sun-Bulletin is. Fortunately, three local television stations did cover the protest. The “new news” from the protest, aside from the fact that 70+ people took time out of their busy work days (yes, pro-drillers actually have jobs and pay taxes, unlike anti-drillers), is that the Joint Landowners Coalition of New York (JLCNY) is actively pursuing “options” to have the federal government intervene in New York’s frack ban. This issue is FAR from over–our side has just begun to fight…
Read More “Pro-Drilling New Yorkers Protest Gov. Cuomo During State of State”
Dominion Energy | Energy Services | Industrywide Issues | Pipelines | Regulation | Statewide VA | Virginia

VA May Repeal Law Allowing Pipelines Access without Permission
January 22, 2015January 22, 2015

Accessing a landowner’s property without permission, and later (potentially) forcing that landowner to allow a pipeline across the property via eminent domain have never been supported by MDN. Neither, it seems, is it supported by other pro-drillers, especially those in Virginia. State Sen. Emmett Hanger from Augusta County, VA (located in the Shenandoah Valley on the western edge of VA) is a conservative, business-friendly and pro-drilling Republican. Hanger, like MDN, supports Dominion’s $5 billion Atlantic Coast Pipeline (see Enormous Benefits for All Virginians from Atlantic Coast Pipeline). But Hanger, also like MDN, is not in favor of access without permission. Hanger is attempting to get a 2004 Virginia law repealed that allows access to private property without permission so Dominion (and others) can survey the property for pipeline routes. As Hanger points out, that kind of behavior is working against them in terms of community goodwill…
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Industrywide Issues | Pennsylvania | Regulation | Statewide PA

Important Expose on John Quigley, Nominee to Head PA DEP
January 22, 2015January 22, 2015
MDN friend Tom Shepstone, who writes the excellent Natural Gas Now blog site, has just posted a must-read article on John Quigley, PA Gov. Tom Wolf’s choice to lead the Dept. of Environmental Protection. Tom does some real investigative journalism–something you won’t read in the Harrisburg Patriot-News, the Philadelphia Inquirer, or Democrat Party satellite publications like StateImpact Pennsylvania. You certainly won’t read anything detailed about Quigley in the Scranton Times-Tribune! Real investigative journalism has gone out of vogue in those publications. But not with Tom. Rather than copy his excellent work here, we’ll ask you to click on the link below and take time to educate yourself on the “real” John Quigley.
- Natural Gas Now/Tom Shepstone (Jan 21, 2015) – Will the Real John Quigley Please Stand Up?
Hydraulic Fracturing | Industrywide Issues | New York | Public Opinion | Regulation | Statewide NY

Poll: Majority of NYers Support Cuomo’s Frack Ban – Or Do They?
January 21, 2015January 21, 2015

Results of a new statewide poll for New York were released yesterday by Siena College. Siena provides one of the leading polls of political issues and politicians in the state. We’ve covered their polls many times. The media coverage of this latest poll is a meme that Siena themselves are pushing: there is “overwhelming support” for Gov. Andrew Cuomo’s ban on fracking in the state–both Upstate and Downstate. That’s the meme, that’s the template/narrative they want you to believe. However, when we look at the poll numbers, we find a lot that Andrew Cuomo should be VERY concerned about. For example, how does he launch a legitimate campaign for president when nearly half of all New Yorkers (40%) either have an “unfavorable” opinion or indicate they have “no opinion” of him? Nearly half! There’s no way you win a national election when the voters in your own state don’t like you. Let’s dig in to the numbers and see what the real story of this poll tells us…
Read More “Poll: Majority of NYers Support Cuomo’s Frack Ban – Or Do They?”
Economic Impact | Hydraulic Fracturing | Industrywide Issues | Jobs | Regulation

Obama’s Faint Praise of Natgas in State of Union, Inhofe’s Rebuttal
January 21, 2015January 21, 2015

Last night was the second-to-last State of the Union speech to be given by our Dear Leader, Barack Hussein Obama (hallelujah!). While Obama gave credit to the oil and gas industry for generating most of the jobs created during his pathetic presidency, he also said he wants to regulate it more. Typical. He persists in calling carbon, the stuff you breathe out with every breath, “pollution” and he’s hellbent on regulating it–even though at the same time he admits we’re producing less of it! Go figure. Below we have the section of Obama’s speech where he talks about energy, including shale gas, along with the response from Sen. Jim Inhofe, the chairman of the Senate Environment and Public Works Committee. We love Inhofe–he doesn’t suffer fools well and he minces no words about Obama’s out-of-control regulatory mandates. We like Inhofe’s take: Americans are resilient. Together we can survive the Obama Administration…
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