Regulation

Hydraulic Fracturing | Industrywide Issues | Maryland | Regulation | Statewide MD

MD Depts Working on Shale Drilling Slap Down Meddling State Pols
March 11, 2014March 11, 2014

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”
Industrywide Issues | Landfills | Regulation | Statewide WV | West Virginia

WV Legislature Fumbles the Ball on Landfill Bill, Does Nothing
March 11, 2014March 11, 2014

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”
Forced Pooling | Hydraulic Fracturing | Industrywide Issues | Regulation | Statewide WV | Taxation | West Virginia

Fate of 3 WV Laws that Impact Marcellus/Utica Drilling
March 10, 2014March 10, 2014

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”
Albany County | Energy Companies | Hydraulic Fracturing | Industrywide Issues | Litigation | New York | Norse Energy | Regulation | Statewide NY

NY Attorney General Files to Dismiss Norse Lawsuit, More Delays
March 7, 2014March 7, 2014

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”
Hydraulic Fracturing | Industrywide Issues | Litigation | Pennsylvania | Regulation | Statewide PA | Taxation

Drillers Petition PA Court (Again) to Participate in Act 13 Case
March 6, 2014March 6, 2014

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”
Industrywide Issues | Pipelines | Regulation

Industry Supports Bill Forcing FERC to Approve Pipelines <1 Year
March 6, 2014March 6, 2014

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”
Anti-Drilling/Fossil Fuel | Energy Companies | Hydraulic Fracturing | Industrywide Issues | Litigation | Pennsylvania | Range Resources Corp | Regulation | Washington County

Mt. Pleasant, PA Continues to Ride Range Over Water Ponds
March 5, 2014March 5, 2014

As we told you last week, when PA towns make up their own zoning laws for oil and gas drilling, chaos and confusion reigns, as is the case in Mt. Pleasant (Washington County), PA (see Mt Pleasant Twp Shenanigans re Range Request for Water Ponds). Mt. Pleasant, one of seven townships that successfully sued the state to overturn Act 13 effectively screwing every municipality in the state out of millions of dollars of impact fee money, continues their snit fit over Range using a few water ponds to drill new shale wells in non-Mt. Pleasant locations.

The board voted to uphold their zoning violations of four such ponds so Range has filed yet another lawsuit hoping they can find an impartial judge to set the matter straight. Here’s the latest…
Read More “Mt. Pleasant, PA Continues to Ride Range Over Water Ponds”
Broome County | Hydraulic Fracturing | Industrywide Issues | New York | Regulation | Statewide NY

Political Opposites Unite to Form Pro-Fracking Group in NY
March 4, 2014March 4, 2014

The 70,000-member Joint Landowners Coalition of New York (JLCNY), along with the Broome County Farm Bureau and several Southern Tier labor unions formed a new group (perhaps confederation is a better word) yesterday called Southern Tier Residents for Economic Independence. The new group illustrates how the fracking issue unites groups of people that often are on opposite sides of the political spectrum. Many labor unions are pro-fracking, a little-known secret anti-drilling “environmentalist” groups like to hide since labor unions usually swing Democrat/Liberal with their voting block. The fact that unions are defecting to “the other side” on this issue is causing heartburn inside anti-fracking central–places like Citizen Action of New York and the Park Foundation. Such anti-drilling groups haughtily believe they “own” the labor unions. Problem is, rank and file union members didn’t get that particular memo.

Here’s the story of people with different political philosophies reaching across the isle for a righteous cause–shale drilling in NY…
Read More “Political Opposites Unite to Form Pro-Fracking Group in NY”
Anti-Drilling/Fossil Fuel | Hydraulic Fracturing | Industrywide Issues | Ohio | Regulation | Statewide OH | Utica Shale

OH Anti-Drillers Call for ODNR Chief’s Resignation Over PR Plan
March 4, 2014March 4, 2014

A few weeks ago we told you about the Ohio Dept. of Natural Resources’ brilliant communications plan to counter the wackos in their state on the issue of drilling under (not on) one state forest and two state parks (see ODNR Ticks Off Anti-Drilling Sierra Club with Drilling PR Plan). We also told you that this issue won’t go away for a while, and that Gov. John “foreigner hunter” Kasich has already backed down (see The Disgusting PR Mess in Ohio – No One Smells Pretty). As we predicted, the wacko contingent in Ohio never lets a good manufactured crisis go to waste, and so now a group of the nuttiest of the nuts is calling for the resignation of ODNR chief James Zehringer.

The only problem is, Kasich & co seem to be so intimidated by these kooks, you have to wonder if he’ll cave and make Zehringer a sacrificial lamb on the green altar…
Read More “OH Anti-Drillers Call for ODNR Chief’s Resignation Over PR Plan”
Energy Services | Industrywide Issues | Pipelines | Regulation | Transco | Williams

Williams Happy with FERC Progress on NE Pipeline Expansions
March 4, 2014March 4, 2014

Yesterday Williams issued a press release touting last Friday’s Federal Energy Regulatory Commission (FERC) issuance of a final environmental review for the Transco Pipeline’s Rockaway Lateral and Northeast Connector expansions. The final review is prelude to a final decision by FERC to green light the projects, something Williams (the owner of Transco) clearly believes will happen. The final FERC decision will be issued this spring. When it is, and when Williams builds those expansions, it means more gas will flow to New York City by next winter–in time for the winter heating season.

The irony is, of course, that none of the gas flowing through the Transco to NY will be from New York State itself but instead will come mostly from the Marcellus Shale in Pennsylvania. Keep an eye out for the loonies who are bound to come out of the woodwork to oppose the expansion. Perhaps we’ll see more nutjobs like those that opposed the now-functioning Spectra Energy pipeline to Manhattan (see NYC Pipeline Protesters Get Naked, Paint Themselves Green). Here is yesterday’s “attaboy FERC” announcement from Williams:
Read More “Williams Happy with FERC Progress on NE Pipeline Expansions”
Broome County | Hydraulic Fracturing | Industrywide Issues | New York | Public Opinion | Regulation | Statewide NY

Binghamton Newspaper’s Informal Fracking Poll – Cast Your Vote Now
March 4, 2014March 4, 2014

Just a quick word of encouragement to participate in an informal poll on the Binghamton Press & Sun-Bulletin website that asks the question: “Should New York approve natural gas drilling?” This poll has been active since late last week, so we expect them to shut it down at any time–be sure to vote right away (if that’s your pleasure). As of this morning, some 18,133 people had voted. Here was how the results stood…
Read More “Binghamton Newspaper’s Informal Fracking Poll – Cast Your Vote Now”
Coterra Energy (Cabot O&G) | Energy Companies | Energy Services | Industrywide Issues | New York | Pennsylvania | Pipelines | Public Opinion | Regulation | Statewide NY | Statewide PA | Williams

Constitution Pipeline Payments to Groups – Donations or Payola?
March 3, 2014March 3, 2014

What do you call it when a company pays money to local organizations and agencies before the project has been fully approved by federal, state and local agencies? These payments, mind you, are not fees for permits or licenses, but voluntary chunks of money offered to groups that may be affected by the project if it’s built–in this case a pipeline. Is it called, Good corporate citizenship? Being a responsible member of the local community? Or perhaps, payola?

Regardless of what you call it, the Constitution Pipeline, a desperately needed natural gas pipeline that will run from the gas fields of Susquehanna County, PA to central New York where it will connect to two major interstate pipelines, has now paid out more than $1 million in “community grants” to help build support for the pipeline. Is that a good thing, or bad? We think it’s time to have that discussion…
Read More “Constitution Pipeline Payments to Groups – Donations or Payola?”
Industrywide Issues | Landfills | Regulation | Statewide WV | West Virginia

Will WV Lawmakers Have Guts to Tackle Cuttings in Landfills Bill?
March 3, 2014March 3, 2014

Two weeks ago MDN told you about a House Bill (HB) 4411, actively under consideration by the West Virginia state legislature, that would codify into law the right for landfills in the state to accept Marcellus and Utica Shale drill cuttings (see WV Bill to Allow More Drill Cuttings in Landfills Faces Opposition). At the time a parade of speakers spoke against the bill with one speaker (from the Independent Oil and Gas Association of West Virginia) speaking in favor. The bill would codify into law the right for landfills to accept larger amounts of cuttings, which anti-drillers object to because it encourages more drilling.

What we didn’t know at the time is why the WV Dept. of Environmental Protection is supporting the bill: because it will codify into law the protections they drafted as a temporary measure (now in place). Yes, protections, like separating the cuttings into their own cell within a landfill, the use of special liners, and lechate monitoring. The DEP is keeping a close eye on this issue and believes the proper place to have the debate about it, along with a resolution to the debate, is in the state legislature–if they have the intestinal fortitude to address it…
Read More “Will WV Lawmakers Have Guts to Tackle Cuttings in Landfills Bill?”
Anti-Drilling/Fossil Fuel | Hydraulic Fracturing | Industrywide Issues | Pennsylvania | Regulation | Statewide PA

Voting for the Lesser of the PA LibDem Loonies
March 3, 2014March 3, 2014

There’s at least a few prominent Democrats running in the primary for Lieutenant Governor that have departed from the Democrat Party’s lunatic demand to stop all Marcellus drilling in the state–precious few, but at least a few that don’t share that view. So if you’re a registered LibDem and you must (hold your nose and) swing the lever for a Dem, you might want to consider who should get your vote based on their loony rating.

Hint: Don’t vote for Brenda Alton or Brad Koplinksi, both support an immediate ban on further shale drilling…
Read More “Voting for the Lesser of the PA LibDem Loonies”
Accidents | Industrywide Issues | Pennsylvania | Pipelines | Regulation | Statewide PA

PA Marcellus Industry’s Biggest Fines & Biggest Violators
February 28, 2014February 28, 2014

NPR’s StateImpact Pennsylvania is only too happy to bring us the breathless news of who the baddest of the bad were in the Marcellus drilling industry in PA for 2013. How do they measure who was naughty and who was nice? Well, they’re all naughty (right?), but the naughtiest were those who paid the biggest fines last year. It may surprise you to know that the when you add all fines together, the company paying the most in 2013 was Williams, a pipeline operator–not a driller. Williams settled up in 2013 for violations going back several years, mostly related to accidents and drilling mud spills that resulted from foul weather (including Hurricane Irene and Tropical Storm Lee). Williams’ total fine tab in 2013 was $388,694 (for violations occurring in 2011-2012). Coming in at #2 was National Fuel Gas Company’s Seneca Resources subsidiary. They were clipped $377,000 for violations occurring from 2010 to 2013.

Below are the top 5 violators cumulatively (adding up all of their violations), along with the top 5 biggest single violations from last year, in the PA Marcellus drilling industry:
Read More “PA Marcellus Industry’s Biggest Fines & Biggest Violators”
Energy Companies | Industrywide Issues | Pennsylvania | Range Resources Corp | Regulation | Washington County

Mt Pleasant Twp Shenanigans re Range Request for Water Ponds
February 28, 2014February 28, 2014

This is what happens when local townships create their own oil and gas zoning laws: chaos and confusion. Like that in Mt. Pleasant (Washington County), PA over water impoundments (ponds) that Range Resources wants to use for drilling in nearby townships. Mt. Pleasant was one of seven infamous anti-drilling townships that sued the state (and eventually won) to overturn the Act 13 law, a law that provided for expert, even-handed and uniform zoning practices throughout the state with regard to oil and gas drilling (see Happy Story Ends Badly Because of 7 PA Towns). What’s left in the wake of overturning Act 13 is petty squabbling by town boards ill-equipped to handle complex oil and gas oversight–i.e., Mt. Pleasant.

We’ve chronicled the long history of Range’s ongoing disagreement with Mt. Pleasant over water impoundments (see previous MDN stories on Range & Mt. Pleasant). The latest Mt. Pleasant town board shenanigan is to impose yet another delay:
Read More “Mt Pleasant Twp Shenanigans re Range Request for Water Ponds”