Regulation

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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”

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    Groton, NY (borders Dryden) Votes DOWN 6-Month Frack Moratorium

    Whattya know? Maybe there is hope for the People’s Republic of Tompkins County, NY after all. Tompkins County is home to anti-drilling organizations including the partisan Park Foundation and the many people it funds–like Cornell professors Tony Ingraffea and Robert Howarth, and the wife and husband lawyer team of Helen and David Slottje, who make mischief at local town board meetings, encouraging them to institute illegal bans and moratoriums on fracking.

    One of the the towns the Slottjes duped into passing a ban was Dryden, NY–in Tompkins County. The Dryden ban has been appealed all the way to the highest court in New York, the Court of Appeals where the case will be heard in early 2014. We’re sure the taxpayers of Dryden enjoy footing that portion of the legal bill not generously covered by the Park Foundation. Anywho, the town next door to Dryden is Groton. The Groton town board voted down a proposed six-month moratorium on fracking at their Tuesday night meeting. It’s a small victory for democracy and right thinking. Too bad some of Groton’s common sense wouldn’t rub off on their Dryden neighbors…
    Read More “Groton, NY (borders Dryden) Votes DOWN 6-Month Frack Moratorium”

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    New Drilling Regulations Coming to OH in Next 30-60 Days

    coming soonThe Ohio Department of Natural Resources (ODNR) will soon release new rules for shale drilling in the state. The new rules will cover well pad construction, wastewater treatment and a number of other aspects of drilling. According to ODNR’s Chief of the Division of Oil and Gas Resources Management, Rick Simmers, the new rules are “good stuff.” The question is, good for who?

    Some of the new rules will be released later this month and some in early January. Others will take longer. The route to becoming enforceable “law” (or “regulation” which is the same thing) is somewhat circuitous. The rules will be subject to a 30-day public comment period and will go before a special committee with members from both the OH State Senate and House before final approval and acceptance…
    Read More “New Drilling Regulations Coming to OH in Next 30-60 Days”

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    After 9 Months, Chris Abruzzo Confirmed as Sec. of PA DEP

    In September MDN told you that Chris Abruzzo, the “Acting” Sec. of the PA Dept. of Environmental Protection (DEP) was nominated by Gov. Tom Corbett to fill the post vacated by former Sec. Michael Krancer (see No More “Acting” for Abruzzo – Nominated as Secretary PA DEP). Last week Senate Democrats tried to rake Abruzzo over the global warming coals because Abruzzo doesn’t believe global warming is quite the big deal they do (see PA DEP Sec. Abruzzo Grilled by PA Senate on Global Warming).

    We’re happy to report that Abruzzo has now been confirmed by the Senate (42-8, with partisan Democrats voting against). Finally, after holding and executing the duties of the office for nine months, E. Christopher Abruzzo is the full Sec. of the PA DEP. We congratulate him!…
    Read More “After 9 Months, Chris Abruzzo Confirmed as Sec. of PA DEP”

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    Can Towns Ban Fracking in NY? Webinar Today Tackles Question

    Can localities ban oil and gas development in New York State? That is the question New York’s highest court (Court of Appeals) will answer when it hears arguments by attorneys representing Norse Energy and a dairy farmer versus the towns of Dryden and Middlefield. The decisions in these two important cases could have a huge impact on the future of shale development in New York. If the court decides that municipalities can ban drilling town- or citywide, MDN believe’s it lights out on serious shale drilling in New York–forever. Happily, we don’t think the court will decide that way.

    A webinar is being offered today, Wednesday, Dec. 11 at 1 pm that will address that issue. Greg Sovas, President and owner of XRM, LLC and former Director of the Division of Mineral Resources at the NYS DEC will review the history of the supersession clause and its importance, implementation over the past thirty years and what has changed, the arguments being made on both sides in the court case, and how a decision either way could affect the future of oil and gas development in New York State.  A Q&A at the end.

    MDN encourages you to attend this 30-minute presentation. Sign up here: https://www1.gotomeeting.com/register/694678240.

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    Anti-Drillers Oppose Converting 2 NY Electric Plants to NatGas

    This is the tale of two electrical generating power plants. Both are located in New York State–on opposite sides of the state. One is in Tompkins County (near Ithaca, NY), the other in Chautauqua County (Dunkirk, near Buffalo, NY). Both are powered by coal and both will either need to convert to natural gas or close down.

    Something else both have in common: anti-drilling nutters want them closed rather than converted  from burning coal to burning natural gas–even though closure means school and property taxes in both areas will go through the roof–higher than the nosebleed rates they already are. In both cases the power plants are the single largest taxpayer in their respective municipalities. Makes no difference to the nutters because most of them don’t live there and could care less. An update for both the Cayuga Power Plant and the Dunkirk Power Plant…
    Read More “Anti-Drillers Oppose Converting 2 NY Electric Plants to NatGas”

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    Erie County (Buffalo) NY to Vote on “Near-Ban” of Fracking

    The odious Food & Water Watch (FWW), a partisan anti-drilling organization headquartered in Washington, D.C., is behind a scare effort to get the Erie County (Buffalo), NY legislature to ban fracking on county-owned land, ban the treatment of frack wastewater, and ban the use of processed brine (sometimes erroneously called frack wastewater) as a deicer and dust suppressant throughout the county. Using processed brine–water from drilled gas wells with heavy minerals and anything harmful removed–as a deicer and dust suppressant has been happening safely across the country for years. Hey, if Erie residents want to double the price they pay for road salt (and they use a LOT of road salt for Buffalo winters), who are we to stop them?

    The full Erie County legislature will vote on the ill-advised proposed ban this week at its December 12th meeting:
    Read More “Erie County (Buffalo) NY to Vote on “Near-Ban” of Fracking”

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    Enviro America Sends 29K Form Letters Opposing Barged Frack Water

    Lookie here. A couple thousand members of Environment America (or maybe it’s just a couple hundred since they hide their enrollment numbers) have mass produced 29,000 form letters opposing the U.S. Coast Guard’s plan to allow safe shipping of frack wastewater on American rivers (see Coast Guard Green Lights Barge Transport of Frack Wastewater). Never hear of Environment America (EA)? Not many have. The organization was spawned from the “PIRG” (Public Interest Research Groups) in 2007. What you need to know is that EA is strongly anti-drilling.

    We’re sure the Coast Guard appreciates the considerateness of EA in providing form letters so once they’ve read one of the letters, they’re read all of them. Saves time that way–very thoughtful of EA–although a lot of trees were slaughtered (very un-green!) to produce all that paper. So really, the headline should say that EA has sent one letter from their members, not 29,000, because that about sums up this non-story. Here’s the press announcement from EA, laced with toxic terminology and filled with bogus claims:
    Read More “Enviro America Sends 29K Form Letters Opposing Barged Frack Water”

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    IOGA of NY Dumps PR Consultant, Media Speculation Goes Wild

    This is an “inside baseball” kind of story–or in this case, inside New York oil & gas politics. The Independent Oil & Gas Association of New York (IOGA of NY) recently underwent some belt-tightening. You look over your budget–the money coming in and the money going out–and you make decisions. That’s what companies, and organizations, do. The government doesn’t do that because they just take it from we citizens to pay for their voracious drunken spending habits. But that’s another story for another time.

    IOGA of NY looked at declining membership revenues because oil and gas drillers are leaving or staying away from New York over an ongoing five and a half year moratorium, and IOGA decided they could do without the services of their high priced PR consultant. Happens every day in thousands of companies and organizations across the world. But only in NY do the media try to fabricate a story out of it to say IOGA of NY is throwing in the towel…giving up…admitting defeat. We say it’s wishful thinking on the part of NY’s anti-fracking media. IOGA of NY is doing nothing of the sort…
    Read More “IOGA of NY Dumps PR Consultant, Media Speculation Goes Wild”

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    Pathetic Response to Threatened Lawsuit over NY Frack Regs

    On Monday, Tom West, an attorney for Norse Energy, sent a “demand” letter addressed to NY Dept. of Environmental Conservation (DEC) Commissioner Joe Martens with the not-so-subtle threat that unless Martens releases the fracking regulations (called the SGEIS), Norse will sue Martens, and Gov. Andrew Cuomo, and State Health Commissioner Nirav Shah under Article 78 for not doing their jobs. That is, Norse (via West) will sue to force the release of the SGEIS (see Tom West Demands DEC Com. Martens Release the SGEIS – Soon). All three of the anti-fracking cabal (Cuomo, Martens, Shah) got the letter.

    So far Cuomo himself hasn’t had the guts to say anything about the letter or potential lawsuit. Neither has Joe Martens. Instead, they continue to let State Health Commissioner Shah catch the spears for it. At a public health forum in Manhattan on Tuesday, Shah addressed the issue by saying, in essence, Shazam! We done just got us some new informations in just the past few weeks (can ya’ll believe that?)! Ya’ll can’t rush this, ya know. To which we say, “pathetic”…
    Read More “Pathetic Response to Threatened Lawsuit over NY Frack Regs”

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    Bluegrass NGL Pipeline’s Eminent Domain Challenged in KY Court

    A small but dedicated group of anti-drillers in Kentucky continue to oppose plans by Williams and Boardwalk Partners to build the Bluegrass natural gas liquids (NGL) pipeline through their state. The Bluegrass will stretch from the Marcellus/Utica all the way to the Gulf Coast. MDN estimates it will cost at least $1.5 billion to build it (see 2013 Marcellus and Utica Shale Databook – Volume 2). We told you about previous efforts to stop the pipeline in, ironically, the Bluegrass state–Kentucky (see Bluegrass NGL Pipeline Encounters Resistance from Some in KY and Bluegrass NGL Pipeline Hits Brick Wall in the Bluegrass State). We even told you about God getting involved (see Thank God the Bluegrass Pipeline will Bypass Marion County Nuns).

    Looks like the anti-drillers have not given up. A new group with the cutsie name KURE (Kentuckians United to Restrain Eminent Domain) has formed to oppose the pipeline. Their strategy is to deny the Bluegrass the right to use eminent domain to lay pipeline under property where landowners don’t want it. KURE filed a lawsuit yesterday in Franklin Circuit Court (Frankfort, KY) questioning the legality of eminent domain for the Bluegrass…
    Read More “Bluegrass NGL Pipeline’s Eminent Domain Challenged in KY Court”

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    PA DEP Sec. Abruzzo Grilled by PA Senate on Global Warming

    We already had a high opinion of Acting Secretary of PA’s Dept. of Environmental Protection (DEP), Chris Abruzzo. But our already high opinion just went higher. Abruzzo has been “acting” secretary since the spring. He finally had his hearing yesterday before the PA Senate where senators got to grill him on various issues before they vote to confirm him as the real-deal secretary. At the hearing Abruzzo was asked about the global warming mythology and whether or not he believes in Santa Claus global warming.

    Abruzzo had the unmitigated gall to speak the truth (always a dangerous thing to speak truth to politicians). He said he thinks global warming is happening a teeny bit, but it’s not adversely affecting humans or animals or plants. It’s minor. Not a big deal. And it’s certainly not something PA can or should address with heavy-handed government policies. Well! You would think he had grown two heads right there before their very eyes! Some of the warmers were ready to roll out the old elevated platform they used to hang people from who were thought to be witches! Three cheers for Abruzzo, who has brass…er, Christmas ornaments…for not sugarcoating his views. Here’s how his grilling was reported by the reliably anti-drilling StateImpact Pennsylvania:
    Read More “PA DEP Sec. Abruzzo Grilled by PA Senate on Global Warming”

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    Who Dat Sneakin’ Around my Well Pad…PA DEP?!

    We’re not quite sure what to make of this one… PA State Sen. Scott Hutchinson (Republican from Butler County) has introduced legislation to prohibit the state Dept. of Environment Protection (DEP) from using video surveillance cameras, some of them with “night vision”, to monitor and enforce environmental laws at oil and gas sites. DEP also uses “unmarked cars” in drive-by inspections and Hutchinson wants that fixed too.

    Is the DEP being shifty? Are they sneaking around? Should they better announce themselves? Or is this just a tempest in a teapot as DEP says it is? You decide…
    Read More “Who Dat Sneakin’ Around my Well Pad…PA DEP?!”

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    The “Flexible” (and Capricious) Ways of EPA Admin. McCarthy

    It used to be that the law (and regulations, which are based on and have the power of law) were “blind” and not a respecter of men nor companies. The law was designed to apply to all equally and without exception. But when you have a law-breaker–someone who flouts the law–as your president, you then get a situation where the law is twisted to the political whims of those in power. Don’t like a particular law because you oppose it? No problem–just ignore it and don’t enforce it. Don’t like the political blow back of enforcing laws and regulations you yourself passed? No problem–just be “flexible” with how you implement said law or regulation.

    The latest “flexible” Obama official is none other than newly minted EPA Administrator Gina McCarthy, who is signaling she won’t enforce the draconian carbon regulations her agency recently established that are designed to kill coal. Instead of killing coal all at once, she’ll toy with it, like a cat with mouse…
    Read More “The “Flexible” (and Capricious) Ways of EPA Admin. McCarthy”

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    US Chamber to Obama: Don’t Let EPA Screw Up Fracking Miracle

    One of the finest organizations in America–the U.S. Chamber of Commerce–sent a warning to President Obama yesterday to put him on notice that if the Obama Environmental Protection Agency continues down the road of federal regulation of fracking (something that is unconstitutional by the way), it will kill the very jobs and economic success that Obama has had nothing to do with but takes credit for. OK, the Chamber didn’t use that exact language, but that’s our take on their sentiment.

    Chamber President Thomas Donohue essentially said “don’t go there” with respect to the EPA wanting to horn in with regulating fracking…
    Read More “US Chamber to Obama: Don’t Let EPA Screw Up Fracking Miracle”

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    ACCF to DOE Sec. Moniz: Please Hurry Up LNG Export Approvals

    On Monday, the American Council for Capital Formation (ACCF) sent a letter to Dept. of Energy Secretary Ernest Moniz to encourage him to continue approving new liquefied natural gas (LNG) export terminals, and to “goose him along” and get him to speed up the process (full copy of the letter embedded below). To be fair, DOE has now approved five such facilities which will allow the export of LNG to countries without a free trade agreement with the U.S. However, there are another 21 applications waiting to be reviewed–and it took 65 days between the last two approvals (way too long).

    ACCF respectfully requests Moniz to hurry it up in their letter, and provides him with compelling arguments for why more LNG exports should go forward…
    Read More “ACCF to DOE Sec. Moniz: Please Hurry Up LNG Export Approvals”