Regulation

Energy Companies | Forced Pooling | Hilcorp Energy | Industrywide Issues | Litigation | Pennsylvania | Regulation | Statewide PA | Utica Shale

Ironic: PA Enviro Court Forcing DEP to Rule on Forced Pooling
November 21, 2013November 21, 2013

A 51-year old forced pooling law in Pennsylvania that strangely does not apply to the Marcellus Shale layer, but does apply to the deeper Utica Shale layer, is being put to the test. In early October, MDN told you that Hilcorp had decided to take “the low road” and sue a landowner in Lawrence County, PA to force that landowner to allow his 14.6 acres to be drilled under using the old law (see Hilcorp Uses PA Forced Pooling Law Against Lawrence Cty Landowner).

The PA Dept. of Environmental Protection balked at invoking the old law to force the landowner and instead tossed this hot potato to the Environmental Hearing Board. The Hearing Board ruled this week that it doesn’t have jurisdiction and that the matter properly does belong back at the DEP. So what will the DEP do now?…
Read More “Ironic: PA Enviro Court Forcing DEP to Rule on Forced Pooling”
Hydraulic Fracturing | Industrywide Issues | New York | Regulation | Statewide NY

NY Congressman Chides Cuomo for Continued Fracking Delay
November 21, 2013November 21, 2013

Well there’s at least one New York Congressman with a spine–willing to stand up and call Gov. Andrew “can’t make up his mind on fracking” Cuomo what he is: someone who kowtows to fringe anti-drilling, anti-business wackos. Republican Congressman Chris Collins represents the 27th district in western NY–everywhere from the edge of Buffalo to the edge of Rochester, and from Lake Ontario to halfway down the state. It’s a large district.

Collins was speaking on the floor of the house yesterday in support of H.R. 2728 (see our companion story today on the two pro-drilling House bills that passed yesterday). Here’s Collins chiding his lordship Andy:
Read More “NY Congressman Chides Cuomo for Continued Fracking Delay”
Allegheny County | Hydraulic Fracturing | Industrywide Issues | Pennsylvania | Regulation

Allegheny County (PA) Council Votes Down Drill Ban for Parks
November 20, 2013November 20, 2013

A few weeks ago MDN told you about a meeting convened by PA State Sen. Jim Ferlo (we called it Ferlo’s Follies) where Ferlo and other anti-drillers carped and complained about a proposed plan to allow drilling under (not on) some Allegheny County, PA parks. We noted that one anti-driller at the meeting offensively and shamefully shoved an 8 year-old child in front of the microphones to plea for a ban on drilling in parks (see PA Anti-Drillers Shove Their Children Before the Microphones).

We’re happy to report the anti-drilling rabble-rousers have been defeated–soundly. Last night the Allegheny County Council voted down the proposed 3-year moratorium on drilling under (not on) county parks, and they voted it down rather convincingly: 9 to 2…
Read More “Allegheny County (PA) Council Votes Down Drill Ban for Parks”
Anti-Drilling/Fossil Fuel | Industrywide Issues | Regulation | Wastewater

NJ Antis Say Delaware River May See Barged Frack Wastewater
November 20, 2013November 20, 2013

This was predictable. The radical Sierra Club (of New Jersey) and other anti-drilling organizations including the New Jersey Environmental Federation, Environment New Jersey and the always rabidly anti-drilling Delaware Riverkeeper have joined forces in a coordinated attack against the U.S. Coast Guard’s proposal to allow barges to carry frack wastewater on America’s waterways–including the mighty Delaware River.

Never mind that barges containing chemicals far more deadly than frack wastewater make their way up and down our rivers every day (including the Delaware)–right now. Anti-drillers conveniently don’t mention that little fact. They just want fracking wastewater to be banned, because they want fracking banned, because fracking leads to more drilling and use of that awful, nasty, horrible fossil fuel, natural gas…
Read More “NJ Antis Say Delaware River May See Barged Frack Wastewater”
Anti-Drilling/Fossil Fuel | Hydraulic Fracturing | Industrywide Issues | Lackawanna County | Pennsylvania | Regulation

Scranton Area TU Chapter Hears about New Tactic to End Drilling
November 20, 2013November 20, 2013

As MDN pointed out a few days ago, anti-drilling members of the anti-drilling Trout Unlimited (TU) have changed tactics (see TU: If You Can’t Beat Shale Drillers, Try a New Lie). Instead of calling for an outright ban on Marcellus Shale drilling in Pennsylvania, they’ve decided to call for over-regulation–attempting to make their requests sound reasonable and fair. The intent is still the same: stop drilling any way you can.

TU community ~~agitator~~ organizer Paula Piatt traveled from Mifflin County (central PA) to Lackawanna County (northeast PA) to spread the “let’s regulate them to death” message yesterday…
Read More “Scranton Area TU Chapter Hears about New Tactic to End Drilling”
Hydraulic Fracturing | Industrywide Issues | New York | Regulation | Statewide NY

Cuomo Continues to Stall on Fracking in NY, Decision by Nov 2014
November 18, 2013November 18, 2013

In case you missed it, Gov. Andrew “the ditherer” Cuomo was asked the day after the November election by Binghamton reporter Bob Joseph (WNBF Radio) if he expects to make a decision on fracking before next November’s election. And Cuomo said, “Yes, I do.” Meaning, “Yes, I expect to make a decision, but I’ll hedge my bets and delay that decision as long as I can” (our words, but his real meaning).

Real presidential leadership by our fearless governor, wouldn’t you say? What a waste of a politician. No different than his prevaricating father Mario…
Read More “Cuomo Continues to Stall on Fracking in NY, Decision by Nov 2014”
Hydraulic Fracturing | Industrywide Issues | Pennsylvania | Regulation | Statewide PA | Taxation

PA Dems Continue to Beat the “Tax & Regulate Marcellus” Drum
November 18, 2013November 18, 2013

Here’s not a surprise: The eight (or ten or twelve) Democrats who have announced they’re running against incumbent Republican PA Gov. Tom Corbett next year want to more than double the taxes on Marcellus Shale drilling and slap super-strict and unnecessary new regulations on drilling. Ever hear of an elected Democrat who wasn’t in love with taking YOUR money and giving it to other people? Or an elected Democrat who doesn’t love micromanaging your life for you–telling you what you can and can’t eat, drink, smoke, do? (Everything except sex–you can have all the risky sex you want.) No, we haven’t either, which is why we NEVER vote for them. EVER.

We won’t make this an anti-Democrat diatribe–MDN has lots of Dem subscribers (and friends) and we appreciate them all–and we hear from them when we make these kinds of comments. 🙂 Have no fear–we will not cover the upcoming PA governor’s race ad nauseam. However, every now and again we’ll bring you an illustrative story of the PA governor’s race just to remind you of the philosophical Grand Canyon that exists between those who truly support drilling and those who would, by intent or ignorance, crush it with ill-advised over-tax and over-regulate policies…
Read More “PA Dems Continue to Beat the “Tax & Regulate Marcellus” Drum”
Hydraulic Fracturing | Industrywide Issues | Litigation | New York | Regulation | Statewide NY

JLCNY Landowner Lawsuit Against NY & Gov. Cuomo Ready to Go
November 14, 2013November 14, 2013

MDN recently received an email update from the Joint Landowners Coalition of New York (JLCNY)–posted below. The JLCNY reports their “takings” lawsuit against New York State, Gov. Andrew Cuomo, DEC Commissioner Joe Martens and State Health Commissioner Nirav Shah is now ready to go. Cuomo, Martens and Shah together form a cabal working against NY landowners by intentionally denying them their 5th Amendment Constitutional private property rights without just compensation. The JLCNY is ready to expose the cabal by filing this case.

According to JLCNY President, Dan Fitzsimmons, the legal team spent over 300 hours preparing the necessary court documentation, called a “complaint” in legalese (we’ve embedded a copy of the complaint below). The lawsuit will be filed on behalf of six New York landowners. The landowners are not (yet) named in the complaint, but if you read the complaint, you’ll see each one is uniquely identified–these are real people that are ready to go to court…
Read More “JLCNY Landowner Lawsuit Against NY & Gov. Cuomo Ready to Go”
Air Quality | Industrywide Issues | Regulation

US Senate Convenes Hearing on a Dangerous Fugitive: “Methane”
November 12, 2013November 12, 2013

Be careful out there–there’s a fugitive on the loose. He’s dangerous and if you’re not careful, he’ll sneak in and turn up the temperature on the earth’s thermostat by 1/1000000000000000000000 of a degree. His name? Methane (“Meth” for short). He’s wicked. He’s evil. And he’s out to escape capture any way he can. In fact, he’s trying to get to the ozone even as we speak. Quick! Turn around! He may be behind you right now. You never know with Methane. He’s just so invisible. And wouldn’t you know it–that evil fugitive Meth is first cousins with that other evil ne’er-do-well: Carbon Dioxide–sometimes known by his gang name, CO2. “Meth.” “CO2.” Their very names make one shudder with fear.

And so goes another U.S. Senate hearing on the topic of so-called “fugitive methane”…
Read More “US Senate Convenes Hearing on a Dangerous Fugitive: “Methane””
Anti-Drilling/Fossil Fuel | Erie County (NY) | Hydraulic Fracturing | Industrywide Issues | New York | Regulation | Statewide NY

NY Dems’ Testy Response to Criticism of Andy’s Fracking Indecision
November 11, 2013November 11, 2013

This is rich. The head of the Republican Party in New York State, Ed Cox, criticizes Democrat Gov. Andrew Cuomo over the issue of his impotency on the fracking issue (see Andrew Cuomo: Hamlet on the Shale), and the Democrats are so thin-skinned they immediately call for an investigation of Cox for “unethical or potentially illegal” actions. You can tell how vulnerable Andy and the Dems are on this issue by the way they misuse their power to try and obliterate all dissenting views.

Democrat State Sen. Timothy Kennedy of Buffalo is the latest shill to rise up and defend his boy Andy, calling for an investigation of Cox…
Read More “NY Dems’ Testy Response to Criticism of Andy’s Fracking Indecision”
Hydraulic Fracturing | Industrywide Issues | Ohio | Pipelines | Processing Plants | Regulation | Statewide OH | Utica Shale

Cheat Sheet: Which Agencies Regulate OH Drilling/Pipelines
November 11, 2013November 11, 2013

Last week MDN told you of a new change in how natural gas gathering pipelines are regulated in Ohio. Until last week, the safety of gathering pipelines was fuzzy–really no one in charge of ensuring safety for gathering lines. That changed when the Public Utilities Commission of Ohio (PUCO) took over as lead agency for regulating that particular type of pipeline (see PUCO Now Regulates Gathering Pipelines in Ohio). But there are a few different kinds of pipelines and depending on which kind, a mish mash of federal and state (and even local) agencies are in charge of permitting and inspecting said pipelines.

The reality of who regulates what when it comes to pipelines and other aspects of shale drilling is complex. PUCO decided it was a good idea to issue a press release/update to clear it all up. Apparently their office was flooded with requests for explanations, so they developed a handy chart to indicate who regulates what in Ohio’s shale drilling industry. It’s a very helpful update (and chart) for not only understanding who regulates pipelines in Ohio, but also who permits and regulates wells, compressor plants, processing plants–the whole enchilada…
Read More “Cheat Sheet: Which Agencies Regulate OH Drilling/Pipelines”
Hydraulic Fracturing | Industrywide Issues | New York | Regulation | Statewide NY

Andrew Cuomo: Hamlet on the Shale
November 6, 2013November 6, 2013

New York GOP Chairman Ed Cox makes a trip to Buffalo today to deliver the keynote address at the Independent Oil & Gas Association of New York’s annual conference. The title of his speech is, appropriately: “Andrew Cuomo: Hamlet on the Shale.” The title has echoes of his father, former governor of New York Mario Cuomo, who was known as Hamlet on the Hudson for his inability to make decisions on important issues. Apparently the apples does not fall far from the tree. Andy can’t make up his mind either–the mark of a weak leader.

Cox debuted a number of the points he will make in his speech last week in a New York Post column by Fred Dicker:
Read More “Andrew Cuomo: Hamlet on the Shale”
Industrywide Issues | Ohio | Pipelines | Regulation | Statewide OH

PUCO Now Regulates Gathering Pipelines in Ohio
November 5, 2013November 5, 2013

Until last week, no one state (or federal) agency was responsible for regulating gathering pipelines in Ohio–the pipelines that go from individual wells to either a processing plant or a larger transmission pipeline. Other types of pipelines are regulated by a mish mash of state and federal agencies, but not the gathering lines themselves. However, last week the Public Utilities Commission of Ohio (PUCO) adopted new rules into the Ohio Administrative Code as provided for by Senate Bill 315 of the 129th General Assembly that takes care of that loophole.

Effective now, PUCO regulates gathering pipelines in Ohio…
Read More “PUCO Now Regulates Gathering Pipelines in Ohio”
Industrywide Issues | Regulation | Wastewater

More on Coast Guard Plan to Allow Barging of Frack Wastewater
November 4, 2013

Last week MDN told you the U.S. Coast Guard is in the process of green lighting the barge shipment of frack wastewater and brine (see Coast Guard Green Lights Barge Transport of Frack Wastewater). MDN has tracked down the 25-page proposed policy “letter” issued by the Coast Guard–the rules that will need to be followed by those who want to use barges to ship wastewater (full copy embedded below). In addition, we also discovered the website the Coast Guard is using to elicit public comments.

So far, there are nine comments on the public comment page (they’re currently displaying only nine of 29 they’ve received), all of them against barge shipment of frack wastwater (see this page). MDN editor Jim Willis filled out his own comment in support of barge shipments (which hopefully will show up soon). What about other pro-drillers who read MDN? You might want to consider stopping by this page to leave a comment that supports barge shipments of frack wastewater…
Read More “More on Coast Guard Plan to Allow Barging of Frack Wastewater”
Accidents | Industrywide Issues | Ohio | Regulation | Statewide OH

OH Drillers Have Extra 30 Days for New Chemical Reporting: Dec 15
November 4, 2013November 4, 2013

As MDN chronicled in September, Ohio’s anti-drillers have made everyone in the state less safe by forcing drillers to file physical paperwork with local first responders about the chemicals used and stored at drill sites–instead of filing it electronically with just the state where it could more easily be accessed (see OH Antis Force Change in Chemical Reporting, Everyone Less Safe). Dunderheads. The deadline for compliance with this new standard, being forced on Ohio by the federal government, was November 15th. Because it’s taking a bit longer than expected (surprise!), the new compliance date for OH drillers is now December 15th.

So now drillers will have to file the same information in triplicate with a) the State Emergency Response Commission, b) county local emergency planning commissions, and c) fire departments who cover the area where they are drilling. Intrepid (and very brave) first responders will then have to choose: Dial up the information via the internet from the state’s website and hope what they find there is the same as what they have in their own files, get someone out of bed at the county level to rifle through the file cabinet, or leave a first responder behind at the firehouse to rifle through their own file cabinet (instead of actually responding to the emergency). Fabulous choices. Thanks so much anti-drillers!…
Read More “OH Drillers Have Extra 30 Days for New Chemical Reporting: Dec 15”
Air Quality | Industrywide Issues | Regulation | Statewide WV | West Virginia

WVU Prof Keeps Up Pressure on Improved Air Quality at Drill Sites
November 4, 2013November 4, 2013

West Virginia University professor and research Dr. Michael McCawley, chairman of the Dept. of Occupational & Environmental Health Sciences in the School of Public Health, is nothing if not persistent. Dr. McCawley is the lead researcher and author of a “raw” report that was done for the WV Dept. of Environmental Protection (WVDEP). The report was on air pollution potential around drilling sites. According to McCawley his original research was ignored by WVDEP (see Did WVDEP Ignore It’s Own Research on Shale Well Air Pollution?). A few weeks ago he took his case directly to WV legislators to tell them existing setback standards are not good enough (see WVU Prof Tells Legislators 625? Setback in Drilling is Not Enough).

McCawley continues to keep up the gentle pressure by keeping the issue alive in the press and in people’s consciousness–and frankly, we admire him for it. We don’t view McCawley as a wild-eyed anti-driller. It appears to us that he’s genuinely concerned with people’s health and with a thriving shale drilling industry. McCawley’s proposed regulatory changes are common sense and would not prevent shale drilling in WV. His latest comments…
Read More “WVU Prof Keeps Up Pressure on Improved Air Quality at Drill Sites”