Regulation

Alternative Energy | Erie County (NY) | Industrywide Issues | Jobs | New York | Regulation | Statewide NY

NY Gov. Cuomo Backs Billionaire Solar Guy Over Fracking
October 9, 2014October 9, 2014

New York Gov. Andrew Cuomo is about to direct $750 million of taxpayer’s hard-earned money to go to Elon Musk, founder of Paypal and Tesla Motors, a man whose net worth is $11.7 BILLION. Why? It’s Cuomo’s crony capitalism move to get Musk to build a manufacturing plant near Buffalo that will produce (don’t laugh) solar panels. Can anyone say “Solyndra”? Cuomo is hoping to buy ~~votes~~ Upstate NY jobs with his latest sleazy move. Meanwhile, if Cuomo would only open the state for hydraulic fracturing, he wouldn’t have to spend a dime of taxpayer money to create thousands of new jobs and lift the standard of living for everyone in Upstate. Instead, he prefers to steal from already-poor taxpayers and reward the super rich. Here’s more on the latest travesty unfolding in NY…
Read More “NY Gov. Cuomo Backs Billionaire Solar Guy Over Fracking”
Accidents | Energy Companies | EQT Corp | Industrywide Issues | Litigation | Pennsylvania | Regulation | Tioga County (PA) | Wastewater

PA DEP Levies Biggest Fine Ever, $4.5M Against EQT
October 8, 2014October 8, 2014

We’ve got some bad blood happening between EQT–a big Marcellus driller headquartered in Pittsburgh, PA–and the PA Dept. of Environmental Protection (DEP). The DEP has just filed a lawsuit against EQT to force the company to cough up a new record–$4.53 million in fines–for a leaky wastewater impoundment in Tioga County, PA. The fine comes a week after the anti-drilling PA Attorney General, Kathleen Kane, once again abused her office’s powers by filing criminal charges against EQT (see today’s companion story). The DEP says EQT filed for and received permission to build a freshwater impoundment at that location in 2012, but after the impoudment was built, they decided to change and use it for frack wastewater. Problem is, with a wastewater impoundment you need monitoring wells drilled around the impoundment and extra protections that were lacking because it was supposed to be used for freshwater only. EQT then built a second impoundment next to it for wastewater and did install monitoring wells, figuring those monitoring wells would cover both impoundments. The first impoundment leaked and, according to the DEP, EQT just doesn’t get how serious the problems were/are that resulted, and so they’ve slapped them with their biggest single fine ever. EQT is already fighting back both legally and with their own press release…
Read More “PA DEP Levies Biggest Fine Ever, $4.5M Against EQT”
Accidents | Energy Companies | EQT Corp | Industrywide Issues | Litigation | Pennsylvania | Regulation | Tioga County (PA) | Wastewater

PA Attorney Gen. Kane Abuses Office Again, Arrest Warrant for EQT
October 8, 2014October 8, 2014

Last year Pennsylvania’s anti-drilling Attorney General, Kathleen Kane, abused her office and filed criminal charges against XTO Energy over a spill of fracking wastewater at a site in Lycoming County, PA that happened more than three years ago–long before she took office (see PA AG Abuses Her Authority, Files Criminal Charges Against XTO). In a Britney Spears “Oops!…I Did It Again” moment, Kane has filed a second case of criminal charges against a driller over an accident. Last week Kane filed charges against EQT over a leaky wastewater impoundment in Tioga County, PA. Yesterday the PA Dept. of Environmental Protection fined EQT $4.53 million–it’s highest ever fine–over the same incident (see today’s lead story). Kane is claiming that EQT polluted and disturbed PA waterways and committed misdemeanor crimes in the process…
Read More “PA Attorney Gen. Kane Abuses Office Again, Arrest Warrant for EQT”
Industrywide Issues | Regulation

EPA Extends Comment Period for Power-Grab Under CWA
October 8, 2014October 8, 2014

The federal Environmental Protection Agency, as MDN reported in April of this year, continues to attempt grabbing away states’ rights for themselves. We told you about their attempt to redefine not just “navigable” but all waterways as being subject to the 1972 Clean Water Act (see Altoona Hearing on Latest EPA Outrage: Redefining Clean Water Act). If every piddly creek, stream, swamp and small river in every state is subject to the CWA, it’s then subject to the EPA and to Obama’s “imperial presidency,” as PA Congressman Bill Shuster calls it. The EPA announced they are extending the comment period on their latest outrageous power-grab proposal to Nov. 14th…
Read More “EPA Extends Comment Period for Power-Grab Under CWA”
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…
Read More “PA DEP Sec. Abruzzo’s Last Public Interview…with MDN”
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?”