Regulation

  • | | | | |

    FWW Targets Democrat Candidates to Sign No Fracking Pledge

    In June 2013 when the official Pennsylvania State Democrat Party met in beautiful Lancaster, PA for their annual meeting, they voted to adopt a new official plank in the party that we pointed out is completely insane: an ongoing moratorium (in essence a ban) on all new Marcellus Shale drilling in the state (see PA Democrat Party Votes to End Marcellus Shale Drilling Statewide). For weeks MDN was the only “news” outlet where you could find any coverage of this lunatic action by one of two major parties in the state. In fact, you would still be hard-pressed to find any media mentions–they simply want to sweep it under the rug. We warned you at the time, and since that time, that this is a five-alarm political emergency. If these kooks retake power in the state and stop all new drilling, it would have a catastrophic effect on the entire nation’s economy, as our buddy Chris Acker points out (see Guest Post: Pennsylvania Drilling Moratorium – Good or Bad?). Folks, this is not hyperbole. It IS that serious.

    The odious (and fascist) Food & Water Watch (FWW) has taken up the call of the official Democrat Party position with a new PR campaign called “Pledge to Halt Fracking.” FWW is pushing the five Democrat candidates running for governor to sign a pledge that they will obey the Party’s official moratorium/ban on new Marcellus drilling should they get elected to the governor’s chair. We continue to ring the alarm! FWW and the Democrats MUST BE STOPPED before they ruin not only PA’s economy, but the entire country’s economy, by shutting down the only thing keeping us from a full-on economic depression. Already one politically brain-dead Democrat candidate for lieutenant governor–Brad Koplinski–has signed it. Will more follow his foolish lead and jump off the political cliff?…
    Read More “FWW Targets Democrat Candidates to Sign No Fracking Pledge”

  • | | | | | |

    OH Anti-Driller Suing MWCD Asks EPA to Stop OH Injection Wells

    The virulently anti-drilling and misnamed Fresh Water Accountability Project (FWAP) has just generated more toilet paper, er, a press release in which they claim they’ve written a letter to the Region 5 office of the federal Environmental Protection Agency asking the EPA to trample on the U.S. Constitution by stripping away the right of Ohio to issue permits for Class II injection wells. Nothing new there–such groups habitually like to enforce their fascism on common folks (which is why they should be vigorously opposed and defunded).

    The interesting thing to MDN is not that the FWAP is generating yet another fundraising press release–but that it was written by Lea Harper–you know, the woman who’s suing the Muskingum Watershed Conservancy District to try and stop fracking and drilling on MWCD land around Seneca Lake (see Anti-Drillers Win Minor Victory Against Muskingum Watershed Dist). It’s also no coincidence that Lea Harper and her FWAP is being partially (or wholly) funded by the odious and fascist Food & Water Watch. That is, FWAP is nothing more than a front for FWW. We just thought you’d want to know how incestuous it is with anti-drillers…
    Read More “OH Anti-Driller Suing MWCD Asks EPA to Stop OH Injection Wells”

  • | | |

    Fracking on the Way in North Carolina, Still a Long Road Ahead

    Fracking is on the way in North Carolina and likely to begin about a year from now, which is great news for North Carolinians. No, there is no Marcellus or Utica Shale under North Carolina, but there is the Dan River Basin and the Deep River Basin in central NC–basins which contain organic-rich shale rock. However, before the drill bit hits the ground next year, the NC Mining and Energy Commission needs to finish up proposed new drilling regulations, hold public hearings, and get the state legislature to sign off on the final version. In other words–it’s still a long road from here to there.

    Here’s an update on what needs to happen, and on efforts by virulently anti-drilling groups with words like “riverkeeper” and “clean water” in the name attempting to perform an ideological abortion on the miracle of shale drilling before it can be born in NC…
    Read More “Fracking on the Way in North Carolina, Still a Long Road Ahead”

  • | | | | | |

    Did ODNR Overreact & Set Earthquake Detect Bar Too Low?

    An article in the Cleveland Plain Dealer provides some perspective on Ohio’s new rules regarding fracking and earthquakes. As MDN reported yesterday, the Ohio Dept. of Natural Resources (ODNR) is sortof, kindof convinced that a fracking operation over a previously unknown fault line triggered a series of earthquakes (see ODNR Says Youngstown Earthquakes “Probably” Caused by Fracking). The earthquakes were essentially undetectable at the surface, but it makes for great headlines.

    What else can trigger an earthquake? How about 67,000 football fans stamping their feet? Yep–that happened earlier this year in Seattle, WA at CenturyLink Field during the NFL playoffs. Marshawn Lynch made a touchdown and the fans went wild, stamping their feet, which created a detectable earthquake–at the same level now measured for in Ohio. All of which means Ohio has set the bar pretty low and just about anything can set off the earthquake alarm…
    Read More “Did ODNR Overreact & Set Earthquake Detect Bar Too Low?”

  • | | | | | | |

    CT May Pass Frack Wastewater Ban; Should PA Pass CT NatGas Ban?

    Even though there is no frackable shale under the ground in Connecticut, state legislators on Monday advanced a bill that will ban frack wastewater and (presumably) drill cuttings from states with fracking operations–like Pennsylvania. We’re reasonably certain no frack wastewater or drill cuttings have ever been hauled to Connecticut for disposal, so this bill seems to be yet another empty gesture. However, the bill does seem to be headed for passage by a May 7 deadline.

    So MDN would like to propose a new bill for PA legislators: How about a law that prohibits the sale of natural gas extracted by fracking to states like Connecticut that don’t want to help out with waste disposal? Seems fair to us. It’s not like Connecticut residents would have to go without natural gas–they can buy it from Russia’s Gazprom for oh, $100-$150 per thousand cubic feet (instead of purchasing PA’s Marcellus gas for $3-4 per Mcf). How about it PA? Let’s play a little hardball and see how those conceited New Englanders like a little taste of their own legislative medicine…
    Read More “CT May Pass Frack Wastewater Ban; Should PA Pass CT NatGas Ban?”

  • | | | | | | |

    ODNR Says Youngstown Earthquakes “Probably” Caused by Fracking

    probablyAlthough they don’t know for certain, the Ohio Dept. of Natural Resources (ODNR) is assuming that Hilcorp’s Utica Shale drilling and fracking in the Youngstown area a month ago is the “probable” cause of a series of earthquakes in the area (see # of Youngstown Earthquakes go from 2 to 11 – Fracking to Blame?). A few of the earthquakes were barely felt by some people. Most of the 11 quakes were not noticeable by humans on the surface. On Friday the ODNR instituted a new policy requiring drilling and fracking near known faults and active earthquake areas to use a seismic monitor. If a 1.0 or higher quake occurs during drilling and fracking, all drilling will stop until it’s investigated.

    If we assume the Ohio quakes in March were caused by fracking over a “previously unknown microfault” as the ODNR assumes, this would be the fourth such instance of fracking itself causing an earthquake–out of 60,000+ horizontally fracked wells (see Fracking has (so far) Triggered Earthquakes 3x – Out of 60K Wells). Statistically speaking it’s still zero. It’s important to a) acknowledge it can happen, but b) keep it in perspective. You have a greater chance of being struck by lightening than of experiencing a fracking-triggered earthquake. It only happens in specific, rare circumstances. Here’s the statement (and map) from the ODNR on how they’re going to treat drilling near faults and previous earthquake zones…
    Read More “ODNR Says Youngstown Earthquakes “Probably” Caused by Fracking”

  • | | | | | | |

    Range Resources Fined $75K by PA DEP for Brine Spill

    On Friday the Pennsylvania Dept. of Environmental Protection slapped Range Resources with a $75,000 fine for a brine spill of 3,066 gallons at its Cornwall Mountain Hunting Club Unit A well pad in Lewis Township, Lycoming County. The spill occurred in July 2012, but according to the DEP it took Range nearly a year to remediate the spill, resulting in the fine.

    Here’s what happened (and when), and what the DEP said about it…
    Read More “Range Resources Fined $75K by PA DEP for Brine Spill”

  • | | | | |

    JLCNY Says Nirav Shah Departure Won’t Slow Down Fracking Lawsuit

    Ya just can’t keep good help if you only pay ’em $130,000 a year. So says the man-child who is governor of New York–Andy Cuomo. In a vainglorious attempt to spin the very bad news (for him) that his top health official has had enough of his dithering ways, Gov. Cuomo yesterday told reporters the ongoing so-called health review of new fracking rules has nothing to do with Shah’s departure. Shah is heading as far from New York as he can get, to California. Cuomo’s convinced we’re all idiots and don’t see the truth (see our article from yesterday, State Health Com. Nirav Shah has Enough of Andy Cuomo, Leaving NY).

    In comments yesterday Cuomo said Shah makes $130,000 per year, when it’s actually $136,000. Like most politicians, Cuomo plays fast and loose with numbers. The health department first said Shah is leaving in June, but then Shah said no, I’m outta here on May 4th, and so the health department backpedaled, sputtered, and said well yeah, we guess it is May 4th after all. What a dysfunctional joke (that’s not very funny for the residents of NY). The Joint Landowners Coalition of New York (JLCNY) is certainly not amused. They issued a statement yesterday that their lawsuit against Shah (and/or his replacement), and Gov. Cuomo and DEC Commissioner Joe Martens will proceed full speed ahead, regardless of Shah’s departure. We hope the JLCNY continues their lawsuit against Shah all the way to California for his collusion with Cuomo and Martens to prevent drilling for the past year and a half…
    Read More “JLCNY Says Nirav Shah Departure Won’t Slow Down Fracking Lawsuit”

  • | | | | | |

    State Health Com. Nirav Shah has Enough of Andy Cuomo, Leaving NY

    keep calm and blame the whipping boyApparently Dr. Nirav Shah, State Health Commissioner in New York, is tired of being Andrew Cuomo’s tool–Andy’s whipping boy. For more than a year Cuomo has been able to hide behind an unfinished so-called public health review of proposed new fracking rules, proposed by the state’s Dept. of Environmental Conservation (DEC). In what can only be called a conspiracy, DEC Commissioner Joe Martens asked Shah for a review of the SGEIS with an eye to how shale drilling may (or may not) affect this nebulous concept called “the public health.” It’s now obvious that both Martens and Cuomo had set up Shah as the fall guy, requesting (we suspect) that Shah intentionally delay his findings. Shah has been carrying their water for more than a year now. Recently Norse Energy and the Joint Landowners Coalition of New York sued Cuomo, Martens and Shah to force them to finish the health review and release the new drilling regs (see D-Day: JLCNY Files Lawsuit Today Against Cuomo, Martens, Shah).

    Yesterday Shah announced he is stepping down from his position in June. He’s had enough of this incestuous mess called New York State politics, and enough of the man-child Andy Cuomo–a pathetic politician who can’t make a decision about fracking. The reason we suspect Cuomo asked Shah to delay the results of his “health review” is because a) Shah originally said the review would be done within several weeks, which has turned into more than a year, and b) Shah is leaving to become Chief Operating Officer of the Kaiser Foundation Health Plan in southern California–at double or triple his current salary. It’s a huge promotion. You think Kaiser would hire a new COO who is inept and can’t complete a simple and straightforward health review? No way–which tells you Shah was delaying at the request of Cuomo and Martens. And he’s now had enough…
    Read More “State Health Com. Nirav Shah has Enough of Andy Cuomo, Leaving NY”

  • | | | | | |

    PA DEP Says Chevron Blocked Access to Greene County Well Fire

    On Feb. 11 Chevron’s Lanco 7H well in Greene County, PA exploded and caught fire. Although it’s not clear what caused the explosion, workers were connecting the well to a gathering pipeline (i.e. welding) and it’s not much of a stretch to connect the dots. One of the workers at the site tragically lost his life (see Remains of Chevron Contractor Found at Greene County Well Site). The fire at Lanco 7H spread to the well next it–Lanco 6H. After five days the twin fires were put out and eventually the wells were capped (see Chevron Well Fire Update: 2nd Well Capped, Work on 7 Wells Stopped).

    Both the PA Dept. of Environmental Protection (DEP) and Chevron continue to investigate what went wrong. However, three weeks ago the DEP issued a preliminary Notice of Violation about the accident and fires (see it embedded below). The surprising revelation in the NOV is that Chevron blocked DEP personnel from accessing the site for two days while the fire burned. DEP personnel, by law, have carte blanche access to any well anywhere at any time. Chevron was no doubt trying to protect the DEP agents, however, blocking them from the site clearly rankled the agency and will now be part of a fine they eventually assess on Chevron…
    Read More “PA DEP Says Chevron Blocked Access to Greene County Well Fire”

  • | | | | | | | | |

    WV Conference Speaker Says PA is Tops with Spill Containment Regs

    The main focus for the West Virginia Oil and Natural Gas Association’s ShaleSafe Conference and Expo at Oglebay Park in Wheeling this week was silica dust exposure (see MDN’s related article published today). However, another session was a close second as Topic A–the session on spill containment. The sole presenter on spill containment was Beth Powell from New Pig Energy. Spill containment became a huge topic for everyone in West Virginia after a chemical spill related to coal mining affected the drinking water for 300,000 WV residents earlier this year. In the aftermath of that spill, the WV legislature passed new regulations for chemical storage tanks–regulations that affect not only the coal industry guilty of the spill, but also the shale drilling industry too (see Impact of WV’s New Chemical Tank Law on Marcellus Drillers).

    Ms. Powell had some interesting things to say about spill containment–and she should know since well pad containment systems are New Pig’s business. Among her comments, Powell said Pennsylvania’s Dept. of Environmental Protection (DEP) regulations are far more strict than either West Virginia or Ohio when it comes to spills and spill containment. Now that’s something you don’t hear from anti-drillers in PA who try to paint the DEP as lax, derelict in their duty, and in bed with the drilling industry…
    Read More “WV Conference Speaker Says PA is Tops with Spill Containment Regs”

  • | | | | |

    Act 13 Case Goes Back to Court, Drillers Petition to Join Lawsuit

    The Marcellus Shale drilling industry in Pennsylvania is trying to make some lemonade from the truckload of lemons handed to them by the PA Supreme Court’s ill-fated decision to let seven selfish townships gut the state’s Act 13 drilling law passed in 2012. We’ve covered the issue extensively (see a list of MDN’s Act 13 articles here). Perhaps the most egregious and outrageous miscarriage of justice in the case is that the drilling industry, which is directly affected by the case, was never allowed to join the case. The courts said they didn’t have “standing”–and yet those same courts allowed the virulently anti-drilling Delaware Riverkeeper Network to be party to the case. Simply boggles the mind.

    The PA Supreme’s in their “wisdom,” decided the zoning portions of the case and sent the rest of the case back to a lower court so they could finish gutting the Act 13 law. As MDN previously reported exactly a month ago, the drilling industry has, once again, respectfully requested they be allowed to join the case now that it’s in the home stretch (see Drillers Petition PA Court (Again) to Participate in Act 13 Case). While the drilling industry can’t undo what has been done by the Supreme Court, it is clear that they believe they can lessen the damage done if they win certain arguments in lower court–arguments like affirming the Public Utility Commission’s authority to review whether a zoning ordinance crosses the line and preempts state oil and gas law. In other words, the seven selfish towns may not have gotten their own selfish way after all–not entirely. The hearing on whether to allow the industry to join what’s left of the lawsuit is today…
    Read More “Act 13 Case Goes Back to Court, Drillers Petition to Join Lawsuit”

  • | | | | | |

    Rare Schism Between Landowners & Drillers over PA Royalty Law

    Several weeks ago MDN told you that the Pennsylvania chapter of the National Association of Royalty Owners had sent out a flash email to encourage support of House Bill (HB) 1684, the Guaranteed Minimum Royalty Act. The bill would clear up shady dealings from Chesapeake Energy (and perhaps others) in deducting certain expenses leaving some landowners with checks for royalties way under the 12.5% guaranteed minimum (see PA NARO Alert: Tell Your State Rep to Vote YES on HB 1684). Not long after NARO sounded the rallying cry, the Pennsylvania Farm Bureau joined NARO in supporting HB 1684 (see PA Farm Bureau Joins Chorus Against Chessy on Royalty Issue).

    However, this is one issue on which landowners, who are strongly pro-drilling, and the drilling industry itself, part ways. The Marcellus Shale Coalition, through its new grassroots organization called Shale Advocates, is asking shale supporters to oppose HB 1684. According to the Shale Advocates website, they want their supporters to “Take a few moments to contact your representative and let them know you oppose HB1684 and any effort by the Commonwealth to intervene in private contracts. Here’s your opportunity to be heard. Your voice will make a difference.” After HB 1684 has been larded up with amendments, NARO met to consider whether or not they would still support it and in the end, they see more to like than no like about the bill–so they issued the following press release last week to reaffirm their strong support:
    Read More “Rare Schism Between Landowners & Drillers over PA Royalty Law”

  • | | | | | | |

    Exxon Mobil Shaken Down by NYS Comptroller Thomas DiNapoli

    GoodFellasThe Comptroller of the State of New York, Thomas DiNapoli, is the sole person in charge of The New York State Common Retirement Fund–a fund with $160 billion in it. DiNapoli, or rather the NYS Common Retirement Fund, owns $1.02 billion of Exxon Mobil stock. Unfortunately, DiNapoli is an anti-drilling bully (see our list of MDN articles here). When someone like DiNapoli has you by the short hairs and is pulling, you ask him how high he wants you to jump. That’s what’s happening to Exxon Mobil.

    DiNapoli is forcing Exxon Mobil to write a cockamamie report on the so-called hazards of fracking, to be released this September on the Exxon website. So what if the report shows there are no (or very few) actual hazards in fracking? Yeah, right. They don’t call people like Tommy DiNapoli a goodfella for nuttin’. Exxon is getting shaken down by a bullying investor that holds a lot of stock. And not just any investor–but a government official to boot. It’s sleazy, it’s disgusting, and it’s New York politics. What do you think Exxon’s report on fracking will say?…
    Read More “Exxon Mobil Shaken Down by NYS Comptroller Thomas DiNapoli”

  • |

    UN Global Warming Panel Tells Delegates Get Enlightened…or Else

    Not our usual fare here on MDN, but important to the Marcellus and Utica nonetheless. The United Nations will conduct closed door (i.e. secret) sessions this week in Berlin, Germany on the topic of mythical global warming and how to try and convince those pesky Americans (and other citizens of the world who think for themselves) to bend over and take their medicine. The head of the United Nations scientific panel on climate change “urged” diplomats and scientists to show “enlightenment” on Monday, as they begin a week-long meeting aimed at spelling out in “plain terms” what options the world has if it wants to prevent “catastrophic global warming.”

    Translation: Get your *$%# heads screwed on straight and regurgitate the party line: We believe in global warming. We believe in global warming. We believe in global warming…
    Read More “UN Global Warming Panel Tells Delegates Get Enlightened…or Else”

  • | | | | | | | |

    Vicariously Attend FERC Scoping Hearing on Constitution Pipeline

    microphone in auditoriumMDN editor Jim Willis attended the Federal Energy Regulatory Commission (FERC) scoping hearing for the Draft Environmental Impact Statement (DEIS) for the Constitution Pipeline last Wednesday night (April 2nd) in Afton, NY. Held at the local Afton High School auditorium, there were 250-300 people in the audience. Some 50 or so signed up to address the three FERC representatives who were there to listen to public testimony about the DEIS and proposed plan to build a 30-inch, 124-mile pipeline from Susquehanna County, PA to Schoharie County, NY to carry cheap, abundant Marcellus Shale gas to markets that include New York City and New England. The pipeline project is projected to cost $683 million (money pumped mostly into the upstate New York economy), and provide 1,300 temporary jobs while it’s built.

    To say it was a lively audience would be an understatement. Jim stuck around for more than two hours to listen and observe. In one sense the hearing was not unlike others Jim has sat through. But in another sense, it was different–even instructive. More than one speaker on the anti-drilling side bemoaned the fact that Williams and the Constitution Pipeline has “split the community” and has “pitted neighbor against neighbor.” Really? What Jim witnessed was a vibrant, healthy, vigorous political discussion not unlike the discussions neighbors have been having with neighbors since the founding of our great country. We gather and engage in a spirited debate–sometimes shouting matches–to avoid killing each other. We are not (yet) a banana republic. We are still (for now) a nation of laws. Loud and boisterous debate is our proud heritage and it should be encouraged–not discouraged. What Jim saw heartened him, instead of the opposite.

    And what did Jim see? You could say the speakers broke into two camps–for and against the pipeline. But that would be too simplistic. Come along with Jim as he introduces you to several speakers from that night, representing not a simple for/against mindset, but a continuum of outright support to outright opposition–with many shades in between. We’ll do it through the lens of four archetypes that we think best represent the passion, emotions and arguments presented at the meeting…
    Read More “Vicariously Attend FERC Scoping Hearing on Constitution Pipeline”