Regulation

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    Chu to the Rescue: Former DOE Sec Profits from Regs He Made

    Let’s see, ascend to a powerful, important position in Washington, DC–one where you have your hands on the levers of power. Pull those levers to put in place some of the most onerous regulations imaginable that will make companies pay out the nose to (unbelievably) “capture carbon” so the carbon doesn’t escape, like a fugitive criminal, into the atmosphere. Then create low interest loans and outright government grants to companies to create the technology that companies will need to meet the strict new standards. Oh, and after you help create those new rules and the programs to fund the technology, leave that position and go to work for a tech company that happens to provide a solution to meet the new regulations you just created. All very cozy, don’t you think? That’s what former Sec. of the Dept. of Energy Steven Chu has done.

    Canadian carbon capture company Inventys Thermal Technologies announced last week that Chu will join their board for undisclosed boatloads of money and stock options to “advise them” in their quest to dominate the carbon capture market, playing off fears of global warming and strict government regulations that will require companies to do something to (unbelievably) capture carbon. The only word we can think of that’s appropriate is: “incestuous”…
    Read More “Chu to the Rescue: Former DOE Sec Profits from Regs He Made”

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    Maryland Update: Marcellus Drilling a Distant & Ellusive Dream

    A periodic check on the state of shale drilling in Maryland shows that like New York, Maryland has all but killed drilling in their state with a long, drawn-out, so-called “review” of fracking. The price of gas is so low, and the prospects and ease of drilling in neighboring states like PA, WV and OH is so convenient, that most energy companies have simply said “bye bye” to the two counties in western MD that contain recoverable Marcellus Shale gas.

    Will there ever be drilling in MD? Oh perhaps one day, if Maryland politicians (mostly Democrats) ever get off the metaphorical pot and get regulations adopted to allow it. However, at this point the prospects are pretty grim. Energy companies are letting years-old leases lapse, writing them off as losses and not re-signing, which is bad news for Maryland landowners in Garrett and Allegany counties. All four companies that had previously filed for permits to drill shale wells have withdrawn those permits. In other words, Marcellus drilling in MD is, at this point, dead as a door nail. Here’s an update on the MD situation from the “helpful” AP:
    Read More “Maryland Update: Marcellus Drilling a Distant & Ellusive Dream”

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    EQT Gathering Gets USACE Green Light for Armstrong County Pipeline

    EQT Gathering wants to install an 8.1 mile gathering pipeline in Armstrong County, PA. Some of the pipeline crosses federal lands and requires the U.S. Army Corps of Engineers (USACE) to conduct an environmental assessment and judge whether or not the project would significantly impact “natural and cultural resources.” The Corps has done their investigation and has issued an FONSI–a Finding of No Significant Impact. Which means sometime after a 30-day public comment period (during which shrill anti-drillers will no doubt wail and moan), EQT will be able to move forward with the project. A happy ending!

    The statement issued by the Corps:
    Read More “EQT Gathering Gets USACE Green Light for Armstrong County Pipeline”

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    Middlesex Bans Fracking – A Tad Ironic, Wouldn’t You Say?

    Does anyone else see the irony that a place with the word “sex” as part of its name has banned something called “fracking”? (Yes that observation is juvenile, but sometimes you need a bit of juvenile fun.) The story is this: a bunch of hepped up lefties, egged on by the odious and misnamed Food & Water Watch, got enough people to the polls to ban fracking in a place where there isn’t any interest in fracking–Middlesex County, NJ. The vote is an empty symbol to be sure, but important all the same because the people of Middlesex County are sending a very loud message to the shale drilling industry: drop dead.

    Perhaps the good people of Middlesex would like to quit using natural gas to heat their homes, heat their water and cook with–you know, just to be consistent with their “strong beliefs” on fracking–because the majority of their natural gas now comes from fracking. What’s that? Not on your life? Take your filthy hand away from that gas shut-off valve! Yeah, hypocrites often operate that way…
    Read More “Middlesex Bans Fracking – A Tad Ironic, Wouldn’t You Say?”

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    Anti-Fracking Slottjes Use Norse Energy NY Lawsuit as Fundraiser

    The husband and wife legal team of David and Helen Slottje are using the Article 78 lawsuit filed by Norse Energy against Gov. Cuomo, and Commissioners Martens and Shah as a shameless fundraiser. The Slottjes have made a career out of touring cities and towns in upstate NY, attempting to convince innocently ignorant town board members to illegally ban fracking, thereby denying the Constitutional rights of landowners throughout entire municipalities. The Slottjes have been doing it for years now. (See our initial impression of Helen Slottje from February 2010 in this article: DISH, Texas Mayor Calvin Tillman Visits Binghamton – Marcellus Drilling News was There.)

    All of that traveling and “pro bono” work needs to be funded somehow. So whatever the Park Foundation won’t pay them, they have to raise themselves, which they do by using a front organization called the Community Environmental Defense Council (Incorporated). The Slottjes are rather shameless in the yarns they spin, all the while sticking their hands out. Here’s the latest example of “never let a good crisis (or lawsuit) go to waste”…
    Read More “Anti-Fracking Slottjes Use Norse Energy NY Lawsuit as Fundraiser”

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    JLCNY Sends Gov. Cuomo a Lump of Coal for Christmas

    This one put a smile on our faces. The Joint Landowners Coalition of New York (JLCNY) sent around an email that encourages those who support drilling to print out and send a copy of the postcard we’ve embedded below. It shows a picture of a lump of coal and tells Cuomo he’s on the naughty list this year–but he still has a chance to redeem himself and make the nice list for next Christmas. Love it! It’s funny yet serious at the same time. The JLCNY hopes drilling supporters will print it out and send it (multiple times) over the next 30 days. We add our voice to theirs and encourage you to do just that.

    Here’s the message (and postcard) from Santa and the JLCNY:
    Read More “JLCNY Sends Gov. Cuomo a Lump of Coal for Christmas”

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    What Does PA Supreme Court Decision on Act 13 Mean?

    what does it all mean?MDN reported the sad news on Friday that PA’s Supreme Court gutted big and important parts of the Act 13 legislation passed in early 2012 (see PA Supreme Court Rules Against State/Drillers in Act 13 Case). The natural, follow-on question is, what does this decision mean for drillers and landowners? The honest answer is, in the short-term, not much. Until now we have lived under existing local/municipal zoning rules while the lawsuit worked its way through the court system. We remain under a crazy quilt patchwork of different rules for different towns. The drillers have, for the most part, learned to live with it and likely will continue doing so.

    As MDN pointed out on Friday, there are some towns with boards packed with anti-drillers that will make drilling so miserable in that area (cough *Robinson* cough) drillers will likely just leave them alone–meaning landowners lose out, local businesses lose out, taxpayers will certainly lose out. Everyone’s a loser. But that’s the definition of victory for anti-drillers–everyone loses. So where do we go from here?…
    Read More “What Does PA Supreme Court Decision on Act 13 Mean?”

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    Iron Eagle Frack Wastewater Plant in Carroll County Goes Online

    A month ago MDN told you about a new frack wastewater recycling plant about to start operation in Carroll County, OH (see New Frack Wastewater Recycling Plant Opens in Carroll County, OH). We’re happy to report the plant is now up and running–even though OH has yet to approve new regulations that oversee such operations.

    Question: How can Iron Eagle Enterprises build and open the plant without fear it may be shut down again after the new regs are in place? Answer: Iron Eagle consulted with ODNR officials all along the way to be sure the plant they were building in Carroll County would comply with the draft regulations ODNR was writing…
    Read More “Iron Eagle Frack Wastewater Plant in Carroll County Goes Online”

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    PA Supreme Court Rules Against State/Drillers in Act 13 Case

    court gavelNo doubt most MDN readers have already heard the earth-shattering news from yesterday that Pennsylvania’s Supreme Court has sided with the seven towns who sued the state to retain their right to regulate (zone) where drilling and related activities can and cannot happen in their communities. MDN has long covered this story and worried that a split decision after one of the justices resigned would lead to an unresolved situation. As fate would have it, one of the Republicans on the bench, Chief Justice Ron Castille, sold out and turned against the industry, so it ended up being a 4-2 decision with (predictably) all three Democrats voting against the industry plus RINO Castille.

    What was the decision? For different reasons (they couldn’t agree among themselves), the justices said localities should be able to write their own rules for where drilling can and can’t go. Which is certainly not a bad thing (the right to determine), except in some communities local town boards are packed with anti-drillers that make life a living hell for anyone or anything related to drilling. Ultimately innocent landowners and taxpayers are the ones who lose out because drillers will walk away from areas where unreasonable people pack town boards (no drilling, no leases, no jobs, no tax revenue). That’s exactly what will now start to happen in PA.

    Anti-drilling groups like The Sierra Club, Delaware Riverkeeper and PennEnvironment were positively orgasmic in their reaction. They now get to kill drilling in at least some locations in PA. The Marcellus Shale Coalition said it’s a truly a sad day for PA. We agree. Below we bring you what we consider the “best of” coverage of the opinion. We have not had time to thoroughly research it ourselves, so we’ll rely on others to analyze it. We’ve also embedded the full 162-page decision filed by the Supreme Court so you can read it for yourself…
    Read More “PA Supreme Court Rules Against State/Drillers in Act 13 Case”

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    EPA Makes Chesapeake Pay $9.7M for Spilling Dirt in Creeks & Swamps

    The federal Environmental Protection Agency (EPA) announced yesterday that they’ve slapped Chesapeake Energy with a $3.2 million fine, and a requirement that Chessy spend another $6.5 million to clean up 27 sites in West Virginia that the EPA says were “damaged by unauthorized discharges of fill material into streams and wetlands.” That is, Chessy got sloppy and dumped some dirt in a few creeks and swamps (the horror!). The EPA used the federal Clean Water Act to extract their multiple pounds of flesh out of Chesapeake. The EPA is all proud of themselves that this is “one of the largest” fines ever levied by the EPA using the CWA.

    Here’s the announcement direct from the belly of the rogue beast itself:
    Read More “EPA Makes Chesapeake Pay $9.7M for Spilling Dirt in Creeks & Swamps”

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    Is Federal Regulation of Local Gathering Pipelines on the Way?

    The permitting and regulating of pipelines in this country–in particular natural gas pipelines–is complex. Depending on the type of pipeline, different federal and state (and even local) government agencies a) permit it, and then perhaps confusingly, b) a different agency ensures it meets safe operating standards. That is, the people who permit it usually don’t inspect it. The biggest gap in the regulation picture is that of local gathering pipelines running from the wellhead to a larger regional pipeline or compressor plant. Ohio recognized this problem and recently put the Public Utilities Commission of Ohio (PUCO) in charge of inspecting gathering lines (see PUCO Now Regulates Gathering Pipelines in Ohio and Cheat Sheet: Which Agencies Regulate OH Drilling/Pipelines).

    Ohio has addressed the “lack of oversight of gathering lines” issue. However, Pennsylvania has not. Gathering lines in the Keystone state are still not regulated or inspected by any government agency, and that gives some people pause–and it gives some a reason to involve the federal government. A DC-based reporter writing for the Chicago-based In These Times publication has written a good article addressing the pipeline issue in general, and PA’s gathering lines in particular. He indicates the federal Pipeline and Hazardous Materials Safety Agency (PHMSA) is sniffing around the regulation of gathering lines, which is worrisome to those of us who believe it’s better regulated at the state level…
    Read More “Is Federal Regulation of Local Gathering Pipelines on the Way?”

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    Norse Energy Sues Gov. Cuomo to Force Release of Fracking Regs

    Stop Press!

    Newly appointed Norse Energy lawyer Tom West (from Albany) is a man of his word. He says what he means and means what he says. Exactly two weeks ago West had a “demand” letter hand-delivered to NY Dept. of Environmental Conservation (DEC) Commissioner Joe Martens. The letter, “demanding” to have a release date for the now 5 1/2 year-old draft fracking regulations, was also delivered to State Health Commissioner Nirav Shah and to Gov. Andrew Cuomo himself (see Tom West Demands DEC Com. Martens Release the SGEIS – Soon). The unstated threat was that if there is no response, West fully intends to file an Article 78 lawsuit against all three to force the release. Article 78 is a provision that makes recalcitrant (and ineffective) government officials do their job.

    Yesterday afternoon West made good on the threat and filed the lawsuit (see a full copy embedded below). Among the justifications for requesting the court to force the release of the fracking regulations (called the SGEIS), is this “hit it out of the park” statement:
    Read More “Norse Energy Sues Gov. Cuomo to Force Release of Fracking Regs”

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    Cuomo Obstinately Says He’ll Continue to Dither on Frack Decision

    New York Gov. Andrew Cuomo continues to prevaricate/dither/postpone his decision on whether or not to allow fracking for shale gas in New York State. He said so yesterday at a news conference. By continuing to delay a decision far past everyone’s measure of reasonableness, he’s totally eliminated any chance he had of running for president. He’s also courting a lawsuit that will embarrassingly force him to do his job and make him release the new drilling rules (see Tom West Demands DEC Com. Martens Release the SGEIS – Soon). Today is the deadline by which Norse Energy’s lawyer Tom West has demanded a fixed date when the Cuomo administration will release new drilling regs. If that doesn’t happen (and it almost certainly won’t), a lawsuit to force the issue will be filed–perhaps as early as this month. Cuomo is out of time and out of options–yet he continues to prevaricate.

    Meanwhile, Cuomo’s State Health Commissioner, Nirav Shah, continues to be Cuomo’s spear catcher and take all the heat because Shah refuses (at Cuomo’s direction) to announce whether or not he believes proposed drilling rules will protect the nebulous “public health.” Shah has humorously taken to spouting things about science being done in “sacred places.” Apparently sacred places are located everywhere but New York. Here’s how Cuomo’s dithering talk went yesterday…
    Read More “Cuomo Obstinately Says He’ll Continue to Dither on Frack Decision”

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    A Natural Gas Christmas Carol, Starring Gov. Andy

    An early Christmas present for New York landowners and those with an interest in drilling in New York State, provided by our friends at the Joint Landowners Coalition: a “Natural Gas Christmas Carol”. It is funny, and sad–all at the same time. Give it a read! (Hey, it’s better than a lump of coal.)

    Here’s the letter and a link to the PDF from the JLCNY…
    Read More “A Natural Gas Christmas Carol, Starring Gov. Andy”

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    Erie County, NY Falls for the FWW Lie, Bans Fracking & Road Salt

    On Monday MDN told you about an eminent vote in western NY to ban fracking (see Erie County (Buffalo) NY to Vote on “Near-Ban” of Fracking). Yesterday, legislators for Erie County, NY fell into the trap set by the odious Food & Water Watch–legislators voted 9-2 to ban the use of road salt and dust suppressant safely manufactured from brine water that comes from oil and gas drilling. They also voted to deny taxpayers in Erie County the right to profit from drilling on county-owned land, when and if it ever comes to the county.

    Right at the front of the hit parade gloating was FWW agitator, er, “organizer” Rita Yelda, who continues to falsely slander fracking and the products made as a result of fracking, like deicer (road salt). We hope Erie County residents enjoy paying for steep legal fees when this illegal law is challenged next year by Buffalo-based National Fuel (Seneca Resources)…
    Read More “Erie County, NY Falls for the FWW Lie, Bans Fracking & Road Salt”

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    PA DEP Launches Public Comments on New Drilling Rules, Roadshow

    The PA Dept. of Environmental Protection (DEP) and their Environmental Quality Board are launching a 60-day public comment period starting Dec. 14 to allow PA residents to comment on proposed new Marcellus Shale drilling rules called for under the Act 13 law passed in early 2012. The new rules will address well pad construction, water impoundments,  pipelines and surface impacts of drilling, among other things. It is a major revision to PA’s drilling rules.

    In addition to emailing or sending in hard copy, the DEP will conduct a series of road shows in various locations to discuss the proposed new rules. They’re also holding two online webinars (Dec. 19 and Jan. 3). The announcement from the DEP about the proposed new rules and the comment period:
    Read More “PA DEP Launches Public Comments on New Drilling Rules, Roadshow”