Regulation

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    Spectra Energy Files Formal Request with FERC for OPEN Pipeline

    When it comes to building a new natural gas pipeline, it’s a loooooong process to get the route planned and approved. Once that’s done, depending on how long the pipeline is, it takes a fair bit of time to actually build it. We started telling you about a proposed new pipeline project from Spectra Energy back in December of 2011 called the Ohio Pipeline Energy Network, or OPEN (see Chesapeake Investing in New 70-Mile Ohio Pipeline). We brought you an update on this interesting project last August (see Spectra’s OH Pipeline Project Advances, Sept 20 Deadline w/FERC).

    OPEN is an interesting project because it will build 76 miles of new pipeline that connects to the Texas Eastern Pipeline, and then reverses the flow on the Texas Eastern to carry Marcellus and Utica Shale gas from eastern Ohio to the Gulf Coast. The Texas Eastern will become a bi-directional pipeline, sometimes bringing gas north from the Gulf, other times sending it to the south to the Gulf. The new news about the OPEN project is this: Spectra Energy made their full, official filing with FERC (Federal Energy Regulatory Commission) last week seeking FERC’s blessing to go ahead build it starting the new pipeline in December of this year. Here’s the story as reported by Reuters:
    Read More “Spectra Energy Files Formal Request with FERC for OPEN Pipeline”

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    Pass Me a Joint – Pot Smoking Coming to NY, But Not Fracking

    New York State Health Commission Nirav Shah apparently has no problem rushing his “research” and decision that New York State is ready for pot smoking–but dang, there’s just no telling how long it will take to figure out if fracking is OK for New York. That’s what he told New York lawmakers yesterday during budget hearing testimony.

    Whip out a joint–for “medical purposes” (wink wink nod nod)–and that’s hunky-dory with Shah. Lower everyone’s energy costs, create thousands of new jobs, take some of that nasty carbon out of the environment, and stick some coin in farmers’ pockets? Nah–a bridge too far for Nirav Shah (i.e. Andrew Cuomo). We wonder what they’ve been smoking…
    Read More “Pass Me a Joint – Pot Smoking Coming to NY, But Not Fracking”

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    CT DEEP Wants Frack Waste Reclassified Hazardous to Keep It Away

    The Connecticut Department of Energy and Environmental Protection (DEEP) is concerned that fracking waste–both wastewater and drill cuttings–may end up coming to the state. So DEEP has asked CT legislators to consider a bill that will reclassify fracking waste as hazardous waste–even though the federal government itself doesn’t consider fracking waste “hazardous.” Apparently the DEEPers are afraid that those wily shale drillers will sneak across the border and contaminate the pristine wilds of CT, so they want to put severe restrictions on frack waste hauling with the aim of just keeping it away.

    Here’s the DEEPer story:
    Read More “CT DEEP Wants Frack Waste Reclassified Hazardous to Keep It Away”

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    League of Liberal Democrat Women Voters Targets Fracking in WNY

    Recently the Portland Town Board in western NY held a special meeting to learn more about fracking. So who did they have present? Who did they find to present the facts on both sides of this contentious issue? That’s right, the League of [Liberal Democrat] Women Voters. You know–that “non-partisan” organization? (Excuse us as we now pick ourselves up off the floor from laughing so hard.)

    The LO[LD]WV is, of course, extremely partisan, extremely liberal and extremely anti-drilling–so it’s no wonder the town board members in Portland (located near Buffalo), got an honest-to-goodness real western NY snow job…
    Read More “League of Liberal Democrat Women Voters Targets Fracking in WNY”

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    JLCNY Lawsuit Imminent – But Not the One You Thought

    court gavelLike all things legal–and like all things NY–this story is a tad complex, so please bear with us. If you have an interest in whether, and when, NY begins shale fracking, this is an important story. For some time MDN has told you about the lawsuit that has been prepared and waiting (for funds) to move forward by the Joint Landowners Coalition of New York (JLCNY). Their lawsuit was to focus on “takings,” the legal concept that New York State has denied landowners the sovereign right to use their own property as they see fit–to lease it for shale drilling–and by doing so the state owes them just compensation for “taking” away that value (see our story from last April: JLCNY Provides Extensive Update on NY “Takings” Lawsuit).

    The JLCNY has changed legal strategies–that is the big news. Instead of pursuing the “takings” lawsuit at this point, which is a long, expensive legal process, the JLCNY has instead decided to change their legal focus to an Article 78 lawsuit. Sound familiar? Recently Norse Energy hired Albany attorney Tom West to file an Article 78 on behalf of their now bankrupt company (see Norse Energy Sues Gov. Cuomo to Force Release of Fracking Regs). By adding the voice of 70,000 landowners to a second Article 78 lawsuit, which is a legal way of forcing Gov. Cuomo, DEC Com. Martens and Health Com. Shah to perform their sworn duties, the JLCNY believes this new legal strategy will offer a more effective, quicker resolution to the long-standing moratorium (now in place over 5 1/2 years). We have a copy of the “demand” letter by the JLCNY to Martens, a press announcement and a fundraising appeal from the JLCNY below…
    Read More “JLCNY Lawsuit Imminent – But Not the One You Thought”

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    Binghamton Newspaper Censors JLCNY Lawsuit News

    Once again a glittering example of why mainstream media news sources, like the Binghamton Press & Sun-Bulletin, are dying. Fast. Because they simply ignore (suppress? censor?) news that doesn’t fit their own anti-drilling philosophy.

    You might think that an organization that boasts 70,000 members throughout New York State (the Joint Landowners Coalition of New York, or JLCNY) that has just sent a letter to the governor, the head of the Dept. of Environmental Conservation and the state health commissioner telling them they’re about to get sued (see our companion story today) might be newsworthy. Further, if the chief lawyer and the president of said group (representing 70,000 landowners) called a press conference to explain the upcoming lawsuit–you might think it would at least rate a paragraph or two in the local newspaper of record. Right? If you live in the Binghamton area, that answer would be–wrong…
    Read More “Binghamton Newspaper Censors JLCNY Lawsuit News”

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    Range Floats Plan to Use Drill Cuttings to Build Roads

    This one is sure to set the anti-frackers into a tailspin. Range Resources has applied to the PA State Dept. of Environmental Protection (DEP) to begin using drill cuttings (leftover rock and dirt that comes out of the ground) as an “aggregate” or material to build roads to drilling sites. There’s nothing wrong with drill cuttings, but sometimes there are low levels of radioactivity found in them–far below any kind of health threat. But we can see the headlines now: Radioactive Roads! Run for the Hills! Drillers Want to Poison Mother Earth! That’s how the shrill anti-fossil fuel lobby will try and spin this.

    We’re sure Range knows they’ve opened a can of worms with this one. Let’s see how it all plays out in the coming 60 days, the time period authorized by the DEP to receive public comments on the proposed plan…
    Read More “Range Floats Plan to Use Drill Cuttings to Build Roads”

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    The Secretive Ways of NYS Health Com. Nirav Shah

    It’s no secret that New York State Health Commissioner Nirav Shah is having his chain yanked by his boss, Gov. Andrew Cuomo, on the issue of hydraulic fracturing. The Health Department has been involved every step of the way with the Dept. of Environmental Conservation (DEC) over the past 5 1/2 years, evaluating proposed drilling regulations with an eye on whether there are so-called public health impacts and ramifications. But at the eleventh hour last year, Cuomo instructed Shah to do yet another review, and that review, which at one point Shah said was just “weeks away” from being completed, is still not done more than a year later. Why? Cuomo told him to slow it down. That’s the only explanation that makes sense.

    Recently Shah as quizzed about the process he’s using to “evaluate” fracking regulations and potential health impacts. Shah has been super secretive about what he’s up to. He’s gone on record saying the process he’s using should not be transparent as it’s being done–only at the end. Anti-drillers are as frustrated with him as pro-drillers. Both sides have sued Shah (for different reasons) and according to anti-drilling former Gannett reporter Tom Wilbur, Shah is about to be forced to reveal what he’s been up to…
    Read More “The Secretive Ways of NYS Health Com. Nirav Shah”

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    Anti-Drillers Target PA DEP Official for Elimination

    The anti-drilling long knives have come out for a mid-level PA Dept. of Environmental Protection (DEP) official because he dared to invest money in a mutual fund that buys energy stocks, investing in a PA driller (Cabot Oil & Gas, man knows a good thing when he sees it), and for an investment in a company that manufactures natural gas vehicle engines.

    Said official, Executive Deputy Secretary for Administration and Management Jeffrey Logan, has nothing to do with permitting or reporting or anything with the oil and gas end of the DEP’s business. There’s no “insider knowledge” he gets because of his position. But that’s OK–it’s time for a little anti-drilling bloodsport. Let’s shove him out on the stage in the limelight and begin target practice to see if we can bring him down…
    Read More “Anti-Drillers Target PA DEP Official for Elimination”

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    GreenHunter’s Wheeling Frack Wastewater Facility Hits a Snag

    GreenHunter Water, which is building a frack wastewater recycling (and potentially barging) facility in Wheeling, WV, has hit a snag. So far, it’s a pretty big snag. Last year the company received approval from the Wheeling Planning Commission to proceed with the plant, after initial resistance. So far, the WV Dept. of Environmental Protection (DEP) has not issued any permits because they won’t and don’t need to review the plant until it’s ready to start operating. Then they’ll visit and evaluate.

    However, the WV Dept. of Transportation’s Division of Highways (DOH) has rejected GreenHunter’s plan to have trucks with frack wastewater entering and exiting the plant. The DOH rejection happened last August and according to the DOH, they haven’t heard a thing from GreenHunter since…
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    Marcellus Gas Heading North: Canadian Pipeline Gets “Green” Light

    Seems like today is midstream day on MDN. Many of our stories revolve around pipelines and processing plants, including our lead about MarkWest (be sure to give it a read). Here’s an interesting story about a pipeline project in Canada that has a Marcellus tie-in. Enbridge Gas Distribution wants to expand their natural gas pipeline in the Toronto area, spending upward of C$686 million to do it. The “greens” of Canada (garden variety fossil fuel-hating anti-drillers) objected. The greens’ objection #1: If we just turn our thermostats down low, we won’t need the extra gas. The Ontario Energy Board said: Nope. Not buying that one. Objection #2: This pipeline will bring in that evil, nasty, fracked Marcellus Shale gas and kill us all because it pollutes water (in the U.S.) and releases fugitive methane into the atmosphere (global warming, heeelp!). Again, the Ontario Energy board said: Nope. Not buying that one either.

    Below is the full story about the pipeline. Embedded in it is the response by the calm, wise heads from the Ontario Energy Board to the greens, responding to them on the shale gas issue:
    Read More “Marcellus Gas Heading North: Canadian Pipeline Gets “Green” Light”

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    NY DEC Com. Martens Says No NY Fracking Until 2015 Earliest

    litigationIn what is sure to be a bitter disappointment to New York’s landowners, Dept. of Environmental Conservation Commissioner Joe Martens said yesterday in testimony to lawmakers that he’s not going to issue any permits for shale drilling before 2015. Unless, of course, he’s forced to by a court (see Norse Energy Sues Gov. Cuomo to Force Release of Fracking Regs). Martens’ comments came as he gave testimony about the DEC’s budget for the next fiscal year, which begins on April 1st. Martens is not including anything in the DEC budget for shale drilling oversight and told lawmakers it would be “extremely unlikely” that permits would be issued before the end of March 2015, hence no need to bulk up his budget for it.

    Are we surprised? Not really. The decision of whether or not to allow fracking in New York has been a political and not a scientific one for a long time now–we’d say for years. Gov. Andrew Cuomo continues to push off the decision–not Health Commissioner Nirav Shah, not Joe Martens, but Cuomo. Shah and Martens are just foot soldiers that do their master’s bidding. This latest revelation of no fracking until 2015 further validates landowners’ resolve in pushing forward with lawsuits on various aspects of the drilling issue at various levels of the court system. It’s now obvious we will have to litigate for our freedoms–or loose them forever…
    Read More “NY DEC Com. Martens Says No NY Fracking Until 2015 Earliest”

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    Blue State Blues: 6 New England States Want New Natgas Pipeline

    Wonders never cease. The governors of six New England states (5 Democrat governors, 1 Republican governor) have sent a letter, or more properly the heads of their state utility commissions have sent a letter, to ISO New England (the regional cooperative transmission organization), requesting that a new natural gas pipeline be built to get more Marcellus Shale gas into New England. Oh, and they want to charge electric customers to get it built. Why? Not enough pipeline capacity now. Electric generating plants are using more and more natural gas to produce electricity. Not enough supply of natural gas in New England means those generators are paying nosebleed rates to produce electricity, and consequently electric rate payers are paying out the nose to cover the cost. Eventually those rate payers will toss their overlords out of office is something isn’t done–so by golly they’re doing something.

    Even the fossil-fuel hating, tree hugging anti-frackers in New England have hit the brick wall of reality: so-called renewable sources of electricity can’t and won’t (for the foreseeable future) provide enough electricity to meet our needs. The remarkable request letter (embedded below) doesn’t specify how or where the pipeline should go, just that they need it and they need it in place by winter of 2017. Of course, that doesn’t stop some of the nuttier anti-drilling organizations from opposing the idea…
    Read More “Blue State Blues: 6 New England States Want New Natgas Pipeline”

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    EPA Chief McCarthy Tells NRDC States Have Lead Role in Fracking

    Generally, Gina McCarthy, administrator of the federal Environmental Protection Agency, is ready to poke her nose into fracking whenever and wherever she wants. Apparently she doesn’t want to–at least for now. McCarthy has dialed back her fervor on regulating fracking and (lately) has been deferential to state regulators. That doesn’t sit well with unreasonable so-called environmentalist groups like the National Resources Defense Council (NRDC). In responding to a letter from the NRDC, McCarthy said, to her credit, that the states have the key/lead role in investigating concerns about fracking and potential pollution. That went over like a lead balloon at the NRDC.

    The NRDC, and other so-called environmentalist groups, want all oil and gas regulation under the thumb of the feds. They don’t like having to deal with that messy thing called the U.S. Constitution which says oil and gas regulation comes under the purview of the individual states. Statists don’t like that particular inconvenient truth and were hoping an Obama acolyte like McCarthy would be more statist in her approach, assuming authority not granted her under the Constitution. For now (thankfully) the EPA under McCarthy is stepping back from a more active role. At least until their “study” of fracking is completed sometime this year…
    Read More “EPA Chief McCarthy Tells NRDC States Have Lead Role in Fracking”

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    Ongoing Fallout from PA Supreme Court’s Wrong Act 13 Decision

    bozo mushroom cloudOne month ago Pennsylvania got the sad news that the state Supreme Court struck down important (and large) sections of the 2012 Act 13 Marcellus Shale drilling law (see PA Supreme Court Rules Against State/Drillers in Act 13 Case). The disappointing aspect of the decision is that Chief Justice Ron Castille, a Republican, joined three Democrats on the bench in deciding to use, for the first time, PA’s Environmental Rights Amendment to create new rights that didn’t exist before (drunk on their own power?). In fact the basis on which Castille made his poor judgment was based on his admitted prejudiced view that drilling and fracking is inherently harmful to the environment–which of course is not the case (see Industry Vet Points Out Error in PA Supreme Court Act 13 Ruling).

    One of the biggest problems with the PA Supreme Court decision is that the four justices agreeing to strike down zoning (and other) provisions in Act 13 could not agree on their reasons for doing so, weakening the decision’s usefulness in future cases. They also sent portions of the original case back to a lower court that, if those decisions go the wrong way, will totally wipe out the Act 13 law, sending PA back to the drilling stone ages again, without important environmental protections provided for under the law. Last week Penn State University law professor Ross Pifer analyzed the high court’s poor decision on a webinar call…
    Read More “Ongoing Fallout from PA Supreme Court’s Wrong Act 13 Decision”

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    PA Dem Consultant Lectures Party to Avoid Marcellus Moratorium

    Every now and again the truth pokes through–even in publications like the Philadelphia Inquirer. We read with interest an op-ed in today’s Philly Inquirer that tells the truth about how the Marcellus Shale is responsible for creating 290,000 jobs in Pennsylvania over the past few years–a state with an unemployment rate stuck above 7%. Some 28,000 of those jobs are “core” industry jobs that pay on average $83,000 per year or more. The op-ed says the Marcellus has given Pennsylvania families a reason to be optimistic about their financial future.

    The fascinating thing to MDN is that the op-ed is written by Democrat consultant Mike Butler, current executive director of the Consumer Energy Alliance (Mid-Atlantic section). Mike is a former political consultant for Democrat Bob Casey for U.S. Senate (who sadly won), Dan Onorato for PA governor (who happily lost to Tom Corbett), and on the staff of former Democrat Congressman Jason Altmire. Huh. A Democrat singing the praises of the Marcellus shale, and at the close of his comments he warns the leaders of his party that the statewide moratorium they say they will enact if they regain political power in the state should be “avoided.” We’d use stronger words, but we’re happy to see at least one Democrat in the entire state hasn’t lost all of his marbles…
    Read More “PA Dem Consultant Lectures Party to Avoid Marcellus Moratorium”