Regulation

Industrywide Issues | New York | Regulation | Statewide NY

Second Look at New NY Law: Climate Change & Drilling Permits
October 7, 2014October 7, 2014

Last week MDN reported on the recent New York “Community Risk and Resiliency Act” signed into law by Gov. Andrew Cuomo. We raised the issue that it may be a surreptitious way of controlling shale drilling when/if it’s allowed (see NY Law Back Door Way to Stop Widespread Shale Drilling?). The new law requires the state Dept. of Environmental Conservation (DEC) to take into account climate change and sea levels rising when making certain decisions and evaluating certain permits. We referenced one law firm’s take that “Applications and/or permits [for oil and gas drilling] received after the adoption of the Department’s guidance must comply with the law.” Our speculation was that maybe the law could be used to slow down or stop shale drilling. We’ve received a strong dissenting opinion on that view from another attorney, and from landowners in the Southern Tier area of New York, who have reviewed the law and find that, at best, the new law is dealing with storage tanks and not actual drilling permits…
Read More “Second Look at New NY Law: Climate Change & Drilling Permits”
Anadarko | Energy Companies | EOG Resources | Industrywide Issues | New York | Regulation | Statewide NY

NY AG Schneiderman Shakes Down Anadarko & EOG Resources
October 6, 2014October 6, 2014

New York State’s out-of-control Attorney General, Eric “the anti-driller” Schneiderman, continues his out-of-control ways vis a vis shale drilling. It makes no difference that there is no shale drilling in New York State. Schneiderman continues to go after shale drilling in other states–abusing his office’s power to investigate the world of Wall Street. In what appears to us to be nothing more than smoke and mirrors, AG Schneiderman’s office on Friday announced he has reached an “agreement” with both Anadarko Petroleum and EOG Resources to disclose more information on the financial effects of regulation, litigation, and environmental impacts related to hydraulic fracturing. That is, Anadarko and EOG have volunteered to provide information about fracking that may cause their respective companies’ stock to take a hit. In other words, they’ve agreed to provide information to the public that they already provide to the public…
Read More “NY AG Schneiderman Shakes Down Anadarko & EOG Resources”
Anti-Drilling/Fossil Fuel | Industrywide Issues | Pennsylvania | Regulation | Statewide PA

DEP to DePasquale: Problems Fixed Years Ago, Where Have You Been?
October 6, 2014October 29, 2024

The Pennsylvania Dept. of Environmental Protection (DEP) is, once again, defending itself from baseless allegations from PA’s pro-wind (and anti-natural-gas) Auditor General, Eugene DePasquale (Democrat). As MDN readers know, DePasquale, upon taking office, set out to castigate and denigrate the fine men and women of the DEP by conducting a years long study of the department’s ancient history and then claiming the DEP wasn’t ready to handle the sudden onslaught of Marcellus drilling in the state–as if any department could have foreseen it (see Anti-Drilling PA Auditor General Criticizes DEP in “Report”). Immediately, former DEP secretary, Michael Krancer, identified gaping holes and inaccuracies in DePasquale’s “report” (see Former DEP Sec. Krancer Skewers Auditor General “Report”). Last week DePasquale participated in more Democrat theater designed to shake public confidence in a solid and professional organization, the DEP (see Sleazy: PA Dem Senators Use Unpublished “Study” to Smear Shale Drilling). The DEP said “enough” and called out DePasquale and his continued lies…
Read More “DEP to DePasquale: Problems Fixed Years Ago, Where Have You Been?”
Hydraulic Fracturing | Industrywide Issues | Maryland | Regulation | Research | Statewide MD

Maryland Risk Assessment for Shale Drilling Finds Little Risk
October 6, 2014October 6, 2014

The Maryland Dept. of the Environment and the Dept. of Natural Resources–the two state agencies charged with researching and evaluating whether or not hydraulic fracturing in shale and tight formations in Maryland should be allowed–turned in an important report on Friday. The report is part of a years-long evaluation process that is, hopefully, nearing an end. We always made fun of Maryland as being “more dysfunctional than New York” when it comes to fracking. Guess what? New York is even more dysfunctional than Maryland! It’s now looking like Maryland may actually begin to frack before New York. The 241-page report released Friday is titled “Assessment of risks from unconventional gas well development in the Marcellus Shale of Western Maryland” (full copy below). In it the two departments break down the drilling process from beginning to end and assess risks, to people and the environment, at each stage of the process. The short version, which won’t make anti-drillers happy, is that shale drilling can be done safely–with minimal risks…
Read More “Maryland Risk Assessment for Shale Drilling Finds Little Risk”
Accidents | Energy Companies | Industrywide Issues | Litigation | Pennsylvania | Range Resources Corp | Regulation | Washington County | Wastewater

Hearing on Range Yeager Impoundment/Water Contamination Continues
October 6, 2014October 6, 2014

More from the ongoing hearing into the Pennsylvania Dept. of Environmental Protection’s actions, or lack of actions, in determining a private water well 2,800 feel (half a mile) downhill from a Range Resources wastewater impoundment that was found to be leaky was fouled by that impoundment. We previously explained that in order for a lawsuit by the landowner Loren Kiskadden against Range for “contaminating” his water well to be valid, the DEP must reverse a previous finding that Range’s Yeager impoundment did not foul his well (see Did DEP Mishandle Range Wastewater Impoundment Investigation?). So one of the DEP’s investigators has been on the hot seat explaining his previous findings and reports…
Read More “Hearing on Range Yeager Impoundment/Water Contamination Continues”
Anti-Drilling/Fossil Fuel | Industrywide Issues | Pennsylvania | Regulation | Statewide PA

PA DEP Sec. Chris Abruzzo Resigns Following Porn Email Scandal
October 3, 2014October 3, 2014

We warned you about Pennsylvania Attorney General Kathleen Kane when she was elected (see Will New PA AG Go After the Marcellus Drilling Industry?). It wasn’t long before she started trolling years-old cases to see what she could turn into big headlines, attempting to damage the Marcellus industry (see PA AG Abuses Her Authority, Files Criminal Charges Against XTO). She not only went after the big players like XTO, she’s done her best to shut down smaller players too (see Minuteman Enviro Says PA AG Office “Terrorized” Family Members, Filing Lawsuit). Now her latest scalp. She went digging through five year-old computer records and found a couple of emails received and sent that contained porn on the computer of PA state employee Chris Abruzzo, back in 2009, when Abruzzo worked for then-Attorney General (and current Governor) Tom Corbett–long before Abruzzo was appointed as Secretary of the PA Dept. of Environmental Protection (DEP). A week after she started airing her charges to left-leaning media outlets, Abruzzo resigned…
Read More “PA DEP Sec. Chris Abruzzo Resigns Following Porn Email Scandal”
Industrywide Issues | Pennsylvania | Regulation | Statewide PA | Wastewater

PA DEP Sec. Abruzzo’s Last Public Interview…with MDN
October 3, 2014October 3, 2014

Sadly, Pennsylvania’s Sec. of the Dept. of Environmental Protection, Christopher Abruzzo, resigned yesterday. See our lead story today for the details. Below is a podcast/recording of what MDN believes is Abruzzo’s last publicly recorded interview before he resigned–an interview with MDN editor Jim Willis. The interview was conducted at the Shale Insight event on Wednesday, Sept. 24 at the David L. Lawrence Convention Center in Pittsburgh. It was one day later, on Sept. 25, that news broke of five year-old emails, passed between Abruzzo and friends, that allegedly contained pornographic images. The issue triggered Abruzzo’s resignation yesterday. Regardless of his departure, Jim’s interview concerned important issues for the environment and the drilling industry in PA. Here’s the tough issues Jim tackled during the interview…
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Energy Services | Industrywide Issues | Litigation | Pennsylvania | Pipelines | Regulation | Statewide PA | Sunoco Logistics

Major Milestone: PA PUC Rules Mariner East IS a Public Utility
October 3, 2014October 3, 2014

Sunoco Logistics is not home free yet–but almost. As MDN readers will know, for some time anti-drillers have attempted to prevent Sunoco Logistics from repurposing their 400+ mile Mariner East pipeline that stretches from western PA to Philadelphia to begin flowing natural gas liquids–ethane and propane. The legal tussle has been over whether or not the pipeline is a “public utility” with the right of eminent domain and the right to be exempt from local zoning ordinances. Bear in mind the Mariner East pipeline has been in the ground for decades, always considered a public utility in years gone by. Local municipalities are now seeking to stop a string of 18 pump and 17 value stations (in 31 locations) that will be needed along the pipeline’s route in order to flow the ethane and propane. So the municipalities launched a legal fight to remove Mariner East’s classification as a public utility. Yesterday the Commissioners of the PA Public Utility Commission put that issue to rest once and for all…
Read More “Major Milestone: PA PUC Rules Mariner East IS a Public Utility”
Energy Companies | Industrywide Issues | Marshall County | Regulation | Statewide WV | Trans Energy | West Virginia

Court Adds Another $600K to $3M Fine for Trans Energy in WV Case
October 2, 2014October 2, 2014

A month ago MDN told you about a steep fine Trans Energy, a West Virginia Marcellus driller, agreed to pay for screwing up 15 creeks and swamps with dirt they pushed around for drilling purposes (see Trans Energy Fined $3M for Polluting WV Creeks & Swaps with Dirt). The money will be split 50/50 between the federal EPA and the WV Dept. of Environmental Protection. Trans Energy was in U.S. District Court yesterday to plead guilty to three misdemeanor charges of negligently violating the Clean Water Act. That will tack on another $600,000 in criminal fines to the $3M already agreed too ($200K for each violation). Ouch. The number that really hurts, however, is that Trans Energy will spend more than $13 million to complete the restoration and mitigation work required by the consent decree they signed yesterday…
Read More “Court Adds Another $600K to $3M Fine for Trans Energy in WV Case”
CNG/LNG | Dominion Energy | Energy Services | Exporting | Industrywide Issues | Maryland | Regulation | Statewide MD

Dominion Accepts FERC 79 Conditions for Cove Point < 24 Hrs
October 2, 2014October 2, 2014

That didn’t take long. On Sept. 29 the Federal Energy Regulatory Commission (FERC) granted Dominion final approval to build an LNG export facility in Cove Point, MD (see Dominion Gets Final Fed Approval to Build Cove Point LNG Plant). Part of the approval includes a list of 79 “conditions” that must be met by Dominion in accepting FERC’s approval. Dominion said, on the 29th, that they would need to review FERC’s final order with the 79 conditions. It only took 24 hours. On Sept. 30 Dominion accepted all 79 conditions. As part of the press release announcing their acceptance, we also learn who will build the facility for Dominion…
Read More “Dominion Accepts FERC 79 Conditions for Cove Point < 24 Hrs”
Industrywide Issues | Regulation | Research

GWPC Report on State Efforts to Protect Ground Water from Drilling
October 2, 2014October 2, 2014

An updated study from the Ground Water Protection Council (GWPC) shows that the 27 states with active oil and gas drilling, which represents 98% of all oil and gas drilling in this country, are doing a very good job and getting better year after year with protecting ground water supplies. Which is a direct slap in the face of big government and federal regulators who want to do more micromanaging of the states when it comes to oil and gas drilling. The GWPC believes oil and gas regulation happens best at the state level and the study finds, “State regulators place great emphasis on protecting water resources from adverse impacts that can occur during oil and natural gas exploration and production (E&P) activities.” Below is the press announcement releasing the new study, along with a copy of the 122-page study, titled “State Oil & Gas Regulations Designed to Protect Water Resources”…
Read More “GWPC Report on State Efforts to Protect Ground Water from Drilling”
Hydraulic Fracturing | Industrywide Issues | New York | Regulation | Statewide NY

NY Law Back Door Way to Stop Widespread Shale Drilling?
October 1, 2014October 2, 2014

Some days it’s just plain hard to live in New York State. We have so many stoners in our Assembly and Senate, so-called representatives (like Assemblywoman Donna Lupardo of Endicott) that force their will on the people rather than do the people’s bidding, it feels like New York is an outpost in North Korea or Putin’s Stalinist Russia instead of one of 50 free states in North America. Our latest reason for depression is a quick-get-it-passed-before-anyone-notices bill that all but ensures even if Andrew Cuomo approves shale drilling/fracking today, it will now be unlikely to produce any serious drilling programs. The misnamed and innocent-sounding “Community Risk and Resiliency Act” was signed into law by Cuomo last week. What’s that? Never heard of it? Neither had we. Here’s the gory details…
Read More “NY Law Back Door Way to Stop Widespread Shale Drilling?”
CNG/LNG | Dominion Energy | Energy Services | Exporting | Industrywide Issues | Maryland | Regulation | Statewide MD

Dominion Gets Final Fed Approval to Build Cove Point LNG Plant
September 30, 2014September 30, 2014

Blow the horns…cheer and clap and celebrate. Let’s all do a happy dance! Yesterday the Federal Energy Regulatory Commission (FERC) issued a final approval to Dominion for their liquefied natural gas (LNG) export facility in Cove Point, Maryland. And that’s following anti-drillers behaving badly at a recent FERC meeting (see 20 People Crash FERC Meeting, Complain about Cove Point LNG). Looks like the antics of people taking over a FERC meeting didn’t impress the commissioners. Following the FERC announcement Dominion issued their own announcement (both announcements are below) to say as soon as they review FERC’s final “order” on the plant they will seek a “Notice to Proceed” from FERC and then (very soon) construction will begin…
Read More “Dominion Gets Final Fed Approval to Build Cove Point LNG Plant”
Energy Companies | Industrywide Issues | Litigation | Pennsylvania | Range Resources Corp | Regulation | Washington County | Wastewater

Did DEP Mishandle Range Wastewater Impoundment Investigation?
September 29, 2014September 29, 2014

Range Resources has had a long-running dispute with some of the neighbors near some of it’s wastewater impoundments in Washington, PA. Without recounting the details (see MDN’s previous stories here), the entire thing came to a head recently when the PA Dept. of Environmental Protection (DEP) completed their investigation and fined Range the highest amount any driller has paid so far in the modern shale drilling era (see PA DEP Fines Range Resources $4.15M for Wastewater Impoundments). Part of the deal is that Range is closing those impoundments. There are, of course, legal actions involved, as you might expect. One of the neighbors near the Yeager impoundment sued Range with claims of well water contamination from chemicals leaking from the impoundment. The DEP determined the landowner’s well was not contaminated by the Range impoundment and the landowner challenged that finding in DEP’s version of court, the Environmental Hearing Board. Testimony at the hearing last week from a DEP official about the investigation indicates the DEP “might have used incomplete and inaccurate test information to decide whether chemicals leaking…contaminated a water well and springs”…
Read More “Did DEP Mishandle Range Wastewater Impoundment Investigation?”
Energy Services | Industrywide Issues | MarkWest Energy | Pennsylvania | Regulation | Washington County

Fines Total $151K for 2 Incidents at MarkWest Chartiers, PA Plant
September 26, 2014September 26, 2014

MarkWest continues to feel the effects of problems they’ve experienced at the company’s Houston Gas Processing Plant in Chartiers Township (Washington County), PA. MarkWest had expanded the plant–doubling its operations. When new equipment went online in July, things didn’t go as planned and there was emergency flaring–burning of gas–at the plant (see Smoke at MarkWest Chartiers, PA Gas Processing Plant). It wasn’t long before the PA Dept. of Environmental Protection (DEP) started handing out violation notices (see MarkWest Served Violation Notice for Chartiers Processing Plant). The company had a previous $71,000 fine for improper flaring at the plant stemming from incidents in April of this year. With the July incident, another $80,000 fine was assessed, totaling $151,000 in fines for the plant in the past six months…
Read More “Fines Total $151K for 2 Incidents at MarkWest Chartiers, PA Plant”
Energy Companies | Energy Services | Industrywide Issues | Lycoming County | NFG Midstream | Pennsylvania | Pipelines | Regulation

PA DEP Fines NFG Midstream $250K for Pipeline Violations
September 26, 2014September 26, 2014

The PA Dept. of Environmental Protection (DEP) has just slapped NFG Midstream Trout Run LLC $250,000 for pipeline violations in Lycoming County, PA. NFG Midstream is a subsidiary company of National Fuel Group–the big utility and driller (via their subsidiary Seneca Resources) headquartered in Buffalo, NY. The fine is for “multiple violations” of the Clean Streams Law and DEP regulations during construction of the Trout Run Gathering System pipeline in five Lycoming County municipalities during 2011 and 2012. The DEP documented “continuing violations at multiple locations” over a 7-month period. NFG has already paid the fine…
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