Regulation

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    PA NARO Alert: Tell Your State Rep to Vote YES on HB 1684

    The Pennsylvania chapter of the National Association of Royalty Owners (NARO) sent out a flash alert email yesterday asking members to contact their state representatives to encourage a “yes” vote on House Bill (HB) 1684–the Guaranteed Minimum Royalty Act. This bill is partially in response to the apparent gouging Chesapeake Energy has done with respect to royalty payments. A vote may come as early as TODAY.

    Here is the text of the email from PA NARO president Jackie Root:
    Read More “PA NARO Alert: Tell Your State Rep to Vote YES on HB 1684”

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    Pittsburgh TODAY’s CSSD Propaganda Piece – Gag Me with a Spoon

    like gag me with a spoonA masterful piece of propaganda written by Pittsburgh TODAY appears on the Washington Observer-Reporter website promoting the so-far underwhelming Center for Sustainable Shale Development (CSSD). The CSSD, announced exactly one year ago this week, is a joint effort between a few big drilling industry players and a few environmentalist organizations–an uneasy partnership created to make shale drilling palatable to crazy anti-drillers (see Important: Drillers & Enviros Form New Group, Launch Cert Program). If we might summarize, the article about the CSSD on the anniversary of its debutante ball adopts the the classic “against all odds” storytelling formula.

    According to PT, the CSSD is the story of a (very few) brave men and women who dared to buck the odds and sit down at the table to discuss their differences on shale drilling–people from both the industry and (more importantly of course) from environmentalist wacko groups. These brave men and women faced challenges, both internal (they agonized in their souls, am I selling out?) and external (they fought their own organizations and their brethren in other companies/green organizations). Against all odds, they stuck to it, found “common ground” (i.e. industry caved), and in the end, they “hammered out” 15 standards that if adopted (at extreme cost by the industry) will mean precious Mother Earth will survive this nasty, filthy activity called shale drilling after all. The End.
    Read More “Pittsburgh TODAY’s CSSD Propaganda Piece – Gag Me with a Spoon”

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    WV Drill Cuttings in Landfill Bill Passes in Record Time

    Last Thursday MDN told you legislation to codify into law a current directive by the state’s Dept. of Environment Protection to allow higher volumes of drill cuttings in WV landfills may get a second chance (see WV Drilling Cuttings in Landfill Bill May Get 2nd Life, If…). It already passed! On Friday during a special session of the legislature called by Gov. Earl Ray Tomblin, House Bill (HB) 4411 was one of ten pieces of legislation listed by the governor for consideration. The bill was voted on and passed (full copy of the bill embedded below). HB 4411 passed in record time after being dropped for consideration during the regular session. It is a certainty that Gov. Earl Ray Tomblin will sign it since he wanted it on the docket in the first place.

    Most media stories, stoked by anti-drillers, focus on the “limitless” aspect of the directive-now-passed-law. That is, the law lifts arbitrary small caps on the amount of drill cuttings (leftover rock and dirt from drilling) that can be hauled to a landfill. Those stories would have you imagine this new law means that any municipal landfill can willy nilly now accept mountains of “radioactive” dirt–and that consequently West Virginia will become a radioactive hot zone. Zombies everywhere. Yes, limits are lifted under this bill. But, at the same time, the law stipulates that if a landfill accepts larger amounts of cuttings (over the previous lower cap), it must build a special, separate cell where the cuttings will be stored. The landfill must also monitor leachate from the cell to ensure nothing nasty leaks out. And the landfill must install radiation detectors to monitor truckloads of cuttings coming into the landfill. In other words, this is a good bill that not only gives drillers a safe place to dispose of drill cuttings–it protects WV citizens. But you wouldn’t know that from reading most stories…
    Read More “WV Drill Cuttings in Landfill Bill Passes in Record Time”

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    NJ Congressman Wants Permanent Drilling Ban in Dela. River Basin

    U.S. Congressman Rush Holt from New Jersey is, by all accounts, a pretty smart guy. He worked as a nuclear physicist and starred on Jeopardy! (going up against the Watson robot) before joining Congress in 1999. Holt is also an anti-drilling Democrat, apparently under the vise grip of far-left environmentalist organizations. He and his far-out enviro pals (including Sierra Clubers) took the opportunity of last week’s announcement of the new incoming head of the Delaware River Basin Commission (see DRBC Selects Steve Tambini as New Leader, Enviro Groups Unsure) to call for a permanent ban on fracking in the Delaware River Basin. Oh, and just for good measure, they also want all new shale drilling in the PA and WV to stop immediately, until “someday”…when Holt and his “smart” friends determine whether or not it’s really safe.

    If Holt thinks that 60,000+ safely drilled shale wells is not enough proof, maybe Holt, who is (thankfully) not running again this November, is not so smart after all…
    Read More “NJ Congressman Wants Permanent Drilling Ban in Dela. River Basin”

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    Local Town Slows CONSOL’s Plan to Drill at Pittsburgh Airport

    More than a year ago the Pittsburgh International Airport, located about 20 miles west of downtown Pittsburgh, elicited bids to have shale drilling done on 9,263 acres of airport-owned land. After some toing and froing, CONSOL Energy was awarded the contract. After some more toing and froing, CONSOL raised the lease signing bonus to 50 million smackeroos (see CONSOL Increases Bonus Offer to Pgh Airport by 2.4 Times to $50M). Then the real work began. CONSOL has put together a plan to drill 47 wells on 6 well pads, building three water impoundments (see CONSOL Energy Reveals Drilling Plan for Pittsburgh Airport). CONSOL is going to extraordinary lengths with the airport project, including the use of all-electric drilling rigs (a first in the Marcellus). Problem is, three people on the Findlay Township board have the power to approve, or not, the permits to drill. Findlay has CONSOL by the proverbial short hairs, especially since the right to zone oil & gas activities by local municipalities was upheld when the Act 13 law was trampled by seven PA towns that sued and won in state Supreme Court–a decision handed down just a few months ago.

    Last night CONSOL presented their safety plan to the three Findlay board members and interested local residents who attended the board’s regular meeting. The bone of contention (for some local residents) is the location for one of the proposed drill pads–about a half mile from a populated neighborhood. When the hour plus presentation by CONSOL was over, and local residents had had their say, the Findlay board members decided to postpone a decision to approve CONSOL’s permits, yet again…
    Read More “Local Town Slows CONSOL’s Plan to Drill at Pittsburgh Airport”

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    WV Drilling Cuttings in Landfill Bill May Get 2nd Life, If…

    Two days ago MDN told you about the West Virginia legislature’s failure to act on House Bill 4411 that would codify into law the current directive from the Secretary of the Dept. of Environmental Protection that provides guidelines on accepting drill cuttings at landfills (see WV Legislature Fumbles the Ball on Landfill Bill, Does Nothing). It’s possible that the bill will get a second chance at legal life–if Gov. Earl Ray Tomblin calls for a special session and if the bill is on his list to consider. In WV the legislature meets for 60 calendar days at the beginning of they year, each year. They need to get their work done during those two months. After that, the Governor can call them back, but they can only take up those bills specified by the Gov.

    Here’s more detail of what went on “behind the scenes” as WV legislature grappled with HB4411 during the closing days of the regular session:
    Read More “WV Drilling Cuttings in Landfill Bill May Get 2nd Life, If…”

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    MDN’s Guide to New TENORM Rules for OH Utica Drillers

    Last year, the Ohio state legislature passed an omnibus “everything but the kitchen sink is in there” bill (HB59) that covered, among other things, a requirement that oil and gas drillers need to test drilling waste for TENORM–or Technologically Enhanced Naturally Occurring Radioactive Material. Drillers need to test for TENORM (or naturally occurring radioactivity) in wastewater and drill cuttings under certain conditions, according to the legislation. MDN tracked down House Bill 59 and read it. We include the relevant section from the massive 699-page law below.

    It appears to MDN’s eye that if OH shale drillers recycle the waste and re-use it on site (in the case of fluids), there is no need to test. Likewise, if they cart fluids to another nearby drill site for re-use, no need to test. If they dispose of it via a Class II injection well–no need to test. That covers about all of the ways Utica drillers handle liquid waste. It seems to us the only real requirement will be to test drill cuttings (leftover rock and dirt) for radioactivity before disposing of them in landfills. The reason this is news now is because the Ohio Dept. of Health was charged with drafting guidelines for how such materials should be sampled and analyzed to determine whether TENORM levels are high enough to warrant special treatment. The DOH recently released those guidelines, which OH drillers will now need to pay attention to when it comes to testing at the drill site…
    Read More “MDN’s Guide to New TENORM Rules for OH Utica Drillers”

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    Impact of WV’s New Chemical Tank Law on Marcellus Drillers

    An important update on the new rules coming to West Virginia drillers impacting how they use above ground chemical storage tanks. As MDN previously reported, the WV legislature passed SB373 in the closing hours of the 2014 legislative session (see Fate of 3 WV Laws that Impact Marcellus/Utica Drilling). That bill was in response to a chemical leak that affected the drinking water for 300,000 WV residents. Even though the leak was not related to oil and gas drilling (it was related to coal mining), the new rules governing above ground storage tanks for chemicals affect a number of industries, including the Marcellus Shale drilling industry.

    Although the final language of the bill has yet to be set in stone and signed into law, enough of it is now known that it can be analyzed. The bright legal beagles at the energy law firm of Lewis Glasser Casey & Rollins, PLLC have done just that. Here is how the newly minted SB373, once signed into law, will impact WV’s oil and gas industry:
    Read More “Impact of WV’s New Chemical Tank Law on Marcellus Drillers”

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    DRBC Selects Steve Tambini as New Leader, Enviro Groups Unsure

    Steve TambiniIt is the end of an ignominious era. Carol Collier, whose own anti-drilling views have stopped any forward progress on potential Marcellus Shale drilling in the Delaware River Basin, will tomorrow leave the Delaware River Basin Commission (DRBC) that she has headed for 15 years. Last September when she announced she would retire this March, we predicted her platitudes about finalizing draft shale drilling plans would go nowhere. We were right (see DRBC Director Carol Collier Announces Her Retirement). It’s now goodbye and good riddance.

    In Collier’s place as the new executive director of the DRBC is Steven J. Tambini, currently vice president of operations at Pennsylvania American Water. Steve has been a water guy for over 30 years with lots of experience in water supply engineering and water resource planning. He will take over on August 1st. Until then, Steve is not saying much. The Marcellus Shale Coalition says they’re looking forward to working with Tambini to craft common sense regulations that will allow shale drilling in places like Wayne County, PA. The rabidly anti-drilling Delaware Riverkeeper organization says they don’t know Tambini. Translation: “He’s not one of us.” Which may indeed be a good sign…
    Read More “DRBC Selects Steve Tambini as New Leader, Enviro Groups Unsure”

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    2 New Earthquakes Near Youngstown, OH – Fracking Connection?

    A few years ago a now-shuttered injection well near Youngstown, OH was linked to a series of earthquakes in the area (see ODNR Finds Youngstown Injection Well Caused Earthquakes). The injection well was found to be located over an active fault–and when you inject a lot of liquid into a fault area, you get earthquakes.

    When earthquakes happen in areas like Youngstown–an area that doesn’t usually see such activity–it’s cause for concern. Yesterday morning there were two more earthquakes big enough to be felt in the Mahoning Valley area. The first quake was a 3.0 on the Richter scale, and the second a 2.6. So, out of “an abundance of caution,” the Ohio Dept. of Natural Resources (ODNR) has asked the single drilling operation in the area–Hilcorp Energy–to suspend their drilling activity for now. There are no active injection wells in the area–only Hilcorp’s Utica Shale drilling operation of 7 wells on 2 well pads…
    Read More “2 New Earthquakes Near Youngstown, OH – Fracking Connection?”

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    MD Depts Working on Shale Drilling Slap Down Meddling State Pols

    In 2011, Maryland Gov. Martin O’Malley (Democrat) issued an executive order instructing the Maryland Department of the Environment and the Maryland Department of Natural Resources to work together on figuring out how shale drilling can be done in the state without undue environmental risks. It’s been three long years and the departments, working together, are nearing the end of the process. So what do Maryland’s Democrat politicians do? They jump right in and start offering bills that would hamstring and nullify the good work being done to figure out shale drilling and get it moving.

    The secretaries of both Maryland departments–Robert Summers and Joseph Gill–have penned a joint commentary running in the *Baltimore Sun* that essentially provides a verbal slap across those meddling politicians’ faces and tells them to leave well enough alone until their departments complete their work later this year. Good for them…
    Read More “MD Depts Working on Shale Drilling Slap Down Meddling State Pols”

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    WV Legislature Fumbles the Ball on Landfill Bill, Does Nothing

    Last week MDN asked the question, “Will WV Lawmakers Have Guts to Tackle Cuttings in Landfills Bill?” in the closing days of the WV legislative session. We now know that the answer is a resounding “no.” The proposed bill before lawmakers would have shored up, in law, the right of landfills to accept certain amounts of drilling cuttings from Marcellus and Utica Shale drilling (leftover rock and dirt). Landfills currently accept drill cuttings that exceed limits set elsewhere in law, based on a temporary directive by the Secretary of the WV DEP.

    The problem with not passing a bill is that the Secretary’s authority to issue the directive (essentially a stand-in regulation until a law is passed) will, sooner or later, be challenged in court by anti-drillers with big bucks. And then a judge will decide what is properly a policy issue that should be decided legislatively. That is, lawmakers shirked their responsibility and it spells uncertainty ahead for both WV landfills and drillers…
    Read More “WV Legislature Fumbles the Ball on Landfill Bill, Does Nothing”

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    Fate of 3 WV Laws that Impact Marcellus/Utica Drilling

    Each year the West Virginia legislature meets for 60 days to consider new legislation. Some bills make it to a floor vote, most do not. There are three bills of major concern to Marcellus and Utica Shale drillers before WV legislators during this session, which just wrapped up last week: chemical tank regulation; WV Future Fund; and forced pooling. One of the three passed and will almost certainly be signed into law by WV Gov. Earl Ray Tomblin. Another passed with major modifications, rendering it unrecognizable from the original. The third, to our knowledge, never made it to the floor for a vote and died in committee.

    Which was which?…
    Read More “Fate of 3 WV Laws that Impact Marcellus/Utica Drilling”

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    NY Attorney General Files to Dismiss Norse Lawsuit, More Delays

    The government of the State of New York–or rather certain government officials–continue to deny justice to residents in the state. The state’s supposed chief defender of the law, Attorney General Eric Schneiderman, unbelievably has filed a motion to dismiss the Article 78 case filed by Norse Energy that would compel Gov. Andrew Cuomo, DEC Commissioner Joe Martens and State Health Commissioner Nirav Shah to stop their intentional obstruction and finalize shale drilling rules. Norse, and the residents of New York, have been denied justice for 5 1/2 long years, and now Schneiderman doesn’t even want to allow those people their day in court. The attempt, if successful, would be an unimaginable miscarriage of justice by the highest officials in the state. It is, in fact, government tyranny of its residents.

    Norse’s legal beagle, Tom West, has filed a counter motion to the AG’s motion that points out the arrogance and huge legal holes in the AG’s arguments. In addition to delaying a hearing that was first set in January, then moved by the court to March, and now moved again to “sometime in April,” the court that will hear the case (Albany County Supreme Court) has decided to join a similar case brought by the 70,000-member Joint Landowners Coalition of New York to the Norse Energy case. West believes the AG will try to dismiss the JLCNY case as well (Schneiderman has no shame and actively works against his own constituents). Below is an update from The West Firm along with an announcement from the JLCNY about the further delay in their case…
    Read More “NY Attorney General Files to Dismiss Norse Lawsuit, More Delays”

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    Drillers Petition PA Court (Again) to Participate in Act 13 Case

    Try this on for size. Pennsylvania lawmakers passed sweeping new regulations, called Act 13, that control how and where drillers can drill, and stipulate how much money drillers will pay as part of a new “fee” (really a tax, but called an impact fee). A portion of the Act 13 law–statewide uniform zoning regulations–was challenged by seven townships that eventually won in the PA Supreme Court (see Happy Story Ends Badly Because of 7 PA Towns). Early on the drilling industry wanted to join the case to argue in favor of the Act 13 law but the wizards on the bench said nyet. The judges said the industry had no “standing” to be party to the suit, while an anti-drilling environmental organization was allowed to participate. “Standing for me but not for thee” was the attitude. It was and is the height of hypocrisy because the Act 13 law directly affects those very industry groups and their members. Anyone can see there’s “standing” for the industry to participate in a lawsuit that directly affects them.

    The PA Supreme Court made a poor decision on Act 13, based on poor theories of law, and then took the easy way out and sent the non-zoning portions of the case back to a lower court to decide if the entire law should be scrapped. There’s a very possibility that will now happen (see Ongoing Fallout from PA Supreme Court’s Wrong Act 13 Decision). The three top drilling industry groups in PA yesterday petitioned the court, once again, to join the lawsuit as it’s now considered in the lower court, arguing they are DIRECTLY affected by the outcome and indeed it is evident to ALL that they do have standing. The groups are trying to salvage something out of the miscarriage of justice that has occurred at the Supreme Court. Question is: Will anti-drilling judges once again deny their petition to join the case?…
    Read More “Drillers Petition PA Court (Again) to Participate in Act 13 Case”

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    Industry Supports Bill Forcing FERC to Approve Pipelines <1 Year

    Apparently a year is not long enough for employees at the Federal Energy Regulatory Commission (FERC) to approve new pipeline applications. FERC is the agency charged with approving new interstate natural gas (and other types of) pipelines. It’s a long, arduous, and complex process to approve and build a new pipeline. You might think if an agency had 100% completed paperwork before them it wouldn’t take an entire year to evaluate and approve it–but indeed, it often takes longer. Much longer. Years, in fact.

    Enter Congressman Mike Pompeo, Republican from Kansas. Last year he introduced H.R. 1900 which would bring some “discipline” to the process by making FERC approve or deny newly proposed pipeline projects within a year of receiving all necessary paperwork. Jeff Wright, director of FERC’s Office of Energy Projects, promptly threatened lawmakers, telling them if FERC is backed into a corner, the agency will simply start denying projects left and right (see FERC Warning to Lawmakers: Back Us in a Corner, You’ll be Sorry). We hadn’t heard anything further on H.R. 1900 since Wright’s threat, until we spotted this…
    Read More “Industry Supports Bill Forcing FERC to Approve Pipelines <1 Year”