Regulation

Anti-Drilling/Fossil Fuel | Hydraulic Fracturing | Industrywide Issues | New York | New York County | Regulation | Statewide NY

New NYC Mayor Comes Out Against Fracking Anywhere in NY
January 24, 2014January 24, 2014

The new mayor of New York City, Bill De Blasio, is anti-drilling and proud of it. Yesterday he told reporters he doesn’t want to see fracking anywhere in the state. That De Blasio–wow, what a deep thinker he is! Know where he gets his facts and information from about fracking? Watching movies like Gasland. Such intellectual heft. Such gravitas. The man is clearly smarter than any of the rest of us. Thank God he’s the new mayor.

Of course, De Blasio apparently doesn’t realize that fracking (of conventional oil and gas wells) happens right now in New York State and has been for over 40 years. But hey, let’s not let something like the truth get in the way of spinning a good fiction for the hoi polloi–us ordinary folks. We’re just so in awe of ~~self righteous jerks~~ intellectual leaders like De Blasio, we simply feel unworthy to be in His presence…
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Hydraulic Fracturing | Industrywide Issues | Pennsylvania | Regulation | Statewide PA

PA DEP Extends Roadshow for Public Comment on New Drilling Rules
January 23, 2014January 23, 2014

Roadshow! The Pennsylvania Environmental Quality Board (EQB), a division of the state Dept. of Environmental Protection (DEP), has been in the midst of a 60-day tour, visiting different locations across the state, to elicit public comment on proposed new Marcellus Shale drilling rules called for under the Act 13 law passed in early 2012 (see PA DEP Launches Public Comments on New Drilling Rules, Roadshow).

Must be the EQB is having fun because they’ve just extended the roadshow for another 30 days. Instead of wrapping up public comments on the proposed new drilling rules by Feb. 12, the new deadline will be Mar. 14. Oh, and they’ve added a couple of more stops to the roadshow tour: Troy and Warren, PA. Here’s the EQB roadshow extension announcement:
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Energy Services | Industrywide Issues | Litigation | MarkWest Energy | Pennsylvania | Pipelines | Processing Plants | Regulation | Sunoco Logistics | Washington County

PA Judge Hears Mariner East NGL Pipeline Eminent Domain Case
January 22, 2014January 22, 2014

Sunoco Logistics–and for that matter, MarkWest–have a lot riding on a single court case in Washington County, PA. It might be a bit melodramatic to say the future of the Mariner East NGL (natural gas liquids) pipeline hangs in the balance, but it certainly is not inaccurate to say the case could cause an extended delay–if it goes the “wrong” way (for Sunoco). What’s the case about?

Sunoco’s Mariner East “refined products” pipeline spans the entire state of Pennsylvania. In order to connect to that pipeline to ship propane and ethane to the Marcus Hook refinery near Philadelphia, Sunoco first has to build a 50-mile feeder pipeline from the MarkWest processing plant in Houston (Chartiers Township) to Delmont (see the Sunoco map below). The problem is, a group of landowners in Washington County won’t play ball and lease their land to Sunoco to bury the pipeline. Sunoco got tired of negotiating with the recalcitrant landowners, and changed tactics to declare it (Sunoco) has eminent domain power under PA state authority. They sue the 25 landowners for force them to allow the pipeline. The landowners sued back arguing the 50-mile pipeline should come under federal, not state, authority. One of the 25 cases is being used as a proxy for the others and that case was just argued yesterday before a PA judge. A decision, according to the judge, will be “prompt”…
Read More “PA Judge Hears Mariner East NGL Pipeline Eminent Domain Case”
Hydraulic Fracturing | Industrywide Issues | Pennsylvania | Regulation | Statewide PA

CSSD Makes Case for Quasi-Regulation of Marcellus Drilling
January 22, 2014January 22, 2014

Yesterday MDN told you that the Center for Sustainable Shale Development (the CSSD) is back, in a big way (see Center for Sustainable Shale Comes Roaring Back (to Life)). About the time we posted that story, we received a number of announcements from the CSSD. One of those announcements was about a session for the press–to listen to and ask questions of CSSD interim director Andrew Place (from EQT) and former governor and EPA administrator Christine Todd Whitman. MDN dialed in to listen, this is what we heard…
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Hydraulic Fracturing | Industrywide Issues | Pennsylvania | Regulation | Statewide PA

Are CSSD’s Standards Really Needed? Comparison with PA/OH/WV/Feds
January 22, 2014January 22, 2014

The Center for Sustainable Shale Development (CSSD) has a big hurdle to leap–convincing drillers to spend a lot of money and time (up to $50,000 and hundreds of hours) to become CSSD certified–and then ongoing monitoring to keep that certification. They’re using a carrot and stick. The carrot is that if you become certified, you’re elite, you’re “in”, you’re special–and landowners will be able to trust you. You’ll have the “Goodhouskeeping seal of approval” on your drilling because you’ve got the cert. The stick is that if you don’t get certified, you’re suspect, you’re in the “out” crowd, you’re not “one of us” and therefore landowners should be wary of signing a lease to have you drill on their property.

Beyond the perceptions, the real question is whether or not the standards themselves will achieve what they say they will achieve–safer and “sustainable” drilling that does a minimum amount of damage to the environment while retrieving low-cost, more efficient and better for the environment natural gas. But wait (you may ask), don’t the states and even the feds already have a bookshelf full of standards and regulations drillers must follow? Indeed they do. The CSSD says, in essence, those standards are fine, but our (CSSD) standards are far better. The crux of the CSSD argument is that you should voluntarily (with peer pressure and cajoling) follow our standards because we have PA, OH, WV and even the feds beat on how strict and yummy good for the environment our standards are over theirs. In fact, the CSSD has produced a chart (embedded below) to “prove” it…
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Chevron | CONSOL Energy | Energy Companies | EQT Corp | Hydraulic Fracturing | Industrywide Issues | Pennsylvania | Regulation | Shell | Statewide PA

Center for Sustainable Shale Comes Roaring Back (to Life)
January 21, 2014

Finally, signs of life from the Center for Sustainable Shale Development (CSSD), a new independent certification organization for Marcellus Shale drillers launched with much fanfare in March of last year. Both drillers and environmentalist organizations, along with non-profits like the mostly anti-drilling Heinz Endowments, cooperated to develop a set of 15 standards drillers should meet to receive the CSSD’s official stamp of approval (see Important: Drillers & Enviros Form New Group, Launch Cert Program for MDN’s mixed feelings about the organization and its standards). Heinz Endowments president Bobby Vagt lost his job for promoting the CSSD (see Bobby Vagt Out as Pres of Heinz Endowments – Fracking Connection?).

Since launching, aside from the Vagt/Heinz flap, all has been quiet with the CSSD. However, the CSSD was busy working behind the scenes. From the beginning, Andrew Place, corporate director of energy and environmental policy for EQT has served as interim director of the CSSD. News reports are now coming fast and furious. First, environmentalist lawyer Susan LeGros from Philadelphia has been named the director of the CSSD. She’ll be making a move to Pittsburgh where CSSD HQ is located. Second, Bureau Veritas (BV) has been selected as the company to audit/evaluate companies that want to spend the $30-$100K required to become certified. After they evaluate, a 3-member panel will decide on whether they get the stamp of approval. Two of those three people are Christy Todd Whitman, former governor of NJ and former EPA chief, and former Treasury Secretary Paul O’Neill. Third, it appears to MDN that no one else has joined the CSSD beyond the initial handful of signups (Shell, EQT, Chevron, CONSOL Energy), and that no one has sought certification–although that may change now that the cert process is up and running…
Read More “Center for Sustainable Shale Comes Roaring Back (to Life)”
Anti-Drilling/Fossil Fuel | Hydraulic Fracturing | Industrywide Issues | Litigation | New York | Regulation | Statewide NY

Fracking Justice Denied NY Landowners Yet Again Thanks to NY AG
January 16, 2014January 16, 2014

A liberal New York judge has just just granted New York State an additional month and a half to get their act together to respond to the Article 78 lawsuit filed by attorney Tom West on behalf Norse Energy. You may recall West filed the lawsuit in the middle of December in an attempt to force Gov. Andrew Cuomo, DEC Commissioner Joe Martens, and Health Commissioner Nirav Shah to actually do their jobs (see Norse Energy Sues Gov. Cuomo to Force Release of Fracking Regs). It’s been 5 1/2 long years and the state continues to intentionally delay the release of fracking regulations–the delay, which is now obvious to everyone, is for political reasons. The delays eventually sent Norse Energy into bankruptcy. The company can’t even sell their leases via auction to compensate shafted investors because of the continuing delay by Cuomo. West was hired to force the governor and his minions to suck it up and do their jobs.

How does the state respond? Cuomo’s Attorney General Eric Schneiderman (a strong anti-driller himself) has found a sympathetic lib judge to, incredibly, further delay! Until March 7 (instead of the scheduled January 24)–to give the state “more time” to…I don’t know, to do what? Make more coffee runs to Dunkin Donuts? Apparently 5 1/2 years isn’t enough time! West said it’s this very kind of delay tactic that prompted Norse to file the lawsuit in the first place! So now, justice is delayed yet again. You know the old saying, justice delayed is justice denied. Landowners in NY have certainly been denied justice under this corrupt governor and his AG…
Read More “Fracking Justice Denied NY Landowners Yet Again Thanks to NY AG”
Anti-Drilling/Fossil Fuel | Industrywide Issues | Regulation

Out of Control EPA Exposed, Indicted by their Own Emails
January 16, 2014January 16, 2014

The Washington Free Beacon is reporting that through Freedom of Information requests, a link has been exposed between the federal Environmental Protection Agency and national so-called environmental groups. Emails show close coordination of “messaging” (i.e. propaganda campaigns). The emails also show, in MDN’s opinion, how these environmental groups and the federal government itself is manipulating rank and file citizens–shaping and influencing their opinion to get them to do the bidding of the elitists who run those organizations. What the evidence shows is that truth is a casualty and coordination of propaganda reigns supreme inside the Barack Obama/Gina McCarthy EPA.

We certainly hope Congress initiates hearings to get to the bottom of these unethical and likely illegal activities–and put a stop to it…
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Delaware County | Hydraulic Fracturing | Industrywide Issues | Litigation | New York | Regulation | Statewide NY

NY Judge Tosses Out Sidney Moratorium Law for Procedural Issues
January 15, 2014January 15, 2014

It was a good day for New York landowners and pro-drillers yesterday. MDN told you on Monday that we had confirmed a decision had been made in the lawsuit brought by landowners in Delaware County against the Town of Sidney, NY for passing a moratorium on fracking (see Breaking: NY Court Decisions in Binghamton & Sidney Cases). We knew there had been a decision by Supreme Court Judge John F. Lambert–we just didn’t know what the decision was.

MDN received a copy of the decision yesterday (full copy embedded below) and it’s good news for landowners. The moratorium law was ruled “invalid”–but not because it was a moratorium. The law was tossed out because of the way it was enacted–for procedural issues. In fact, Judge Lambert was careful in his decision to point out that, “…the court has not addressed the moratorium issue.” So although this was a good decision and a reason to be happy, it wasn’t a jump-up-and-down-let’s-celebrate decision that seals of the fate of fracking moratoriums in NY. It occupies the middle ground on the happy face scale for us…
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Broome County | Hydraulic Fracturing | Industrywide Issues | Litigation | New York | Regulation | Statewide NY

Binghamton’s New Mayor Fesses Up to Withdrawing Moratorium Appeal
January 15, 2014January 15, 2014

Yesterday MDN told you the great news that the City of Binghamton had withdrawn its appeal of a court decision overturning the moratorium passed by an all-Democrat City Council and mayor at the eleventh hour in 2011 (see Breaking: NY Court Decisions in Binghamton & Sidney Cases). As we said yesterday, the interesting aspect of the Binghamton development is the timing–coming so close to a new mayor taking office. We said it sure looks like new Republican Mayor Rich David played an important role in the decision to withdraw the appeal. We were right.

MDN contacted the mayor’s office and we were told he’s traveling at the moment and would respond upon his return. However, a few hours later his office issued the following statement in which Mayor David lays out the timeline and his role in ending the long, drawn-out process. David came down on the side of landowners and pro-drillers–so three cheers for Mayor David! Here’s the statement issued by his office midday yesterday:
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Allegheny County | Anti-Drilling/Fossil Fuel | Hydraulic Fracturing | Industrywide Issues | Pennsylvania | Regulation

Bobby Vagt Leaves Heinz, Will Become Chairman of Rice Energy
January 15, 2014January 15, 2014

Looks like Bobby Vagt, current and soon to be former president of the Heinz Endowments, will get the last laugh. Vagt, you may recall, announced his “retirement” as president of the Heinz Endowments in October of last year. It has never been confirmed, but there’s plenty of anecdotal evidence to suggest mommie dearest Teresa Heinz Kerry bounced him out for his participation in helping to form the Center for Sustainable Shale Development (see Bobby Vagt Out as Pres of Heinz Endowments – Fracking Connection?). Momma Teresa never gave Bobby permission to get that cozy with the drilling industry, and that, dear friends, was a no-no for Bobby.

So Bobby is taking off. And where is he going? To become chairman of the board at Rice Energy, once they complete their IPO (see Rice Energy Launches IPO, Hopes to Raise $840M). Bobby is already a wealthy man, but helping to steer the direction of Rice Energy will no doubt make him a lot wealthier. Which is amusing to MDN. You see, Bobby is making his money the old-fashioned way–he’s earning it. Momma Teresa made her money the liberal way–she married it. Here’s the story about Bobby saying bye-bye to Teresa and heading off to (much) greener pastures…
Read More “Bobby Vagt Leaves Heinz, Will Become Chairman of Rice Energy”
Energy Companies | Industrywide Issues | Pennsylvania | Range Resources Corp | Regulation | Washington County

Mt. Pleasant Zoning Bd Says Range Water Impoundments in Violation
January 15, 2014January 15, 2014

Starting last August, Range Resources has been in a battle with the board of supervisors for Mt. Pleasant Township in Washington County, PA. The issue, the bone of contention, has been four water impoundments–three of which are for fresh water, essentially ponds (see Range Resources Argues with Mt Pleasant over Water Impoundment). The impoundments were originally used to drill nearby Marcellus Shale wells, several years ago. Since then, Range has continued using them, but now uses them to drill wells that are not nearby, in Mt. Pleasant Township. And the supervisors object.

In December it appeared there was a sliver of good news when the township said Range could proceed with converting one of the impoundments to an above ground enclosed tank impoundment for recycled waste water, subject to certain terms and conditions (see Range Strikes Deal with Mt Pleasant for 1 of 4 Water Impoundments). It now seems that was a bit too optimistic. On Monday the Mt. Pleasant Zoning Hearing Board (different group of people from the board of supervisors) voted unanimously to uphold notices of violation issued by the township’s zoning officer against the four Range impoundments, so here we go again…
Read More “Mt. Pleasant Zoning Bd Says Range Water Impoundments in Violation”
Anti-Drilling/Fossil Fuel | Broome County | Delaware County | Hydraulic Fracturing | Industrywide Issues | Litigation | New York | Regulation | Statewide NY

Breaking: NY Court Decisions in Binghamton & Sidney Cases
January 14, 2014January 14, 2014

An important development in two New York court cases that potentially impacts shale drilling in the state–and no, neither is (directly) about the Dryden or Middlefield town ban cases currently before New York’s highest court, the Court of Appeals. The two cases we’re referring to are (1) the City of Binghamton and their ill-fated “moratorium” thrown out by a lower court judge in 2012 and subsequently appealed, and (2) a similar moratorium in the Town of Sidney, NY.

In the Binghamton case, the appeal of the tossed-out fracking moratorium authored by anti-drilling husband and wife team of David and Helen Slottje has been withdrawn–so that case is now officially ended and the moratorium remains tossed and unenforceable. This is big news with big implications. In the case of Sidney, the judge in that case (different judge from the Binghamton case) issued a decision yesterday, but as of the time we wrote and posted this story, we still do not have a copy of the decision. We’ll post it as soon as we get it. Let’s dive deeper into both cases…

(Important update at the end of this article)
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Anti-Drilling/Fossil Fuel | Hydraulic Fracturing | Industrywide Issues | Pennsylvania | Regulation | Statewide PA

PA Democrat Gov Candidates Support Partial/Full Moratorium
January 14, 2014January 14, 2014

Last night, eight Democrat candidates participated in a forum in Philadelphia, all of them seeking the Democrat nomination for governor to run this November. Pay close attention: Seven of the eight support a shale drilling moratorium–either statewide or in certain parts of the state. This is profoundly bad news if the good citizens of PA are unwise enough to elect one of them to the governorship.

If you want a good idea of the calamity that awaits PA in choosing a Democrat governor, House and Senate, PLEASE read (or re-read) MDN contributor Chris Acker’s article here: Guest Post: Pennsylvania Drilling Moratorium – Good or Bad?. Here’s how it played out last night in Philly with regard to Democrat support for a moratorium on shale drilling:
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Hydraulic Fracturing | Industrywide Issues | Litigation | Pennsylvania | Regulation | Statewide PA | Taxation

PA Dems Lick Their Chops over Chance to Tax Marcellus Drilling
January 13, 2014January 13, 2014

Sad and tragic is how we would term it. Pennsylvania’s elected Democrats in both the House and Senate are licking their chops, salivating at the chance to get rid of a mostly fair fee/tax on the Marcellus drilling industry–the “impact fee” created under the now largely gutted Act 13–and replace it instead with a harmful, regressive severance tax they can use to endlessly fund their pork barrel projects and frankly, line their own pockets. The Dems are almost like kids at Christmas, jumping up and down can’t wait to open the presents happy over the possibilities…
Read More “PA Dems Lick Their Chops over Chance to Tax Marcellus Drilling”
Hydraulic Fracturing | Industrywide Issues | Litigation | Pennsylvania | Regulation | Statewide PA

Industry Vet Points Out Error in PA Supreme Court Act 13 Ruling
January 13, 2014January 13, 2014

Timothy Merrill, a now-retired resident of western Pennsylvania who worked 40 years as a buyer and marketer in the natural gas industry, wrote a sterling analysis of the Act 13 decision by the PA Supreme Court a few days ago in the Pittsburgh Post-Gazette. In his article, Merrill points out the whopping error upon which Chief Justice Ron Castille (a Republican!) based his decision. Castille states in his decision he believes drilling and fracking are inherently harmful to the environment. Problem is, says Merrill, there’s 60 years of drilling and fracking history in PA that proves just the opposite (something called “evidence,” Mr. Chief Justice). Unfortunately Castille, along with the three anti-drilling Democrats on the high court, have now invented new rights that didn’t exist before–creating bad case law that will have a profound impact for years to come.

Here’s Merrill’s “what for” article that takes the disappointing Castille to the woodshed for his profound lack of judgment…
Read More “Industry Vet Points Out Error in PA Supreme Court Act 13 Ruling”