Regulation

Anti-Drilling/Fossil Fuel | Hydraulic Fracturing | Industrywide Issues | Mahoning County | Ohio | Regulation

Niles, OH Considers Vote to Rescind Ill-Advised Frack Ban
September 11, 2013September 11, 2013

When you rush to do a dumb thing, you later regret it. City council members in Niles, OH have learned that hard lesson after voting last month to implement a ban on shale drilling. In their haste to “protect residents” from drilling, they didn’t bother to read the fine print of the bill they passed (no doubt drafted by a helpful anti-driller). In addition to banning shale drilling in the city–something that wouldn’t happen anyway–the bill also bans businesses that operate in the city and the city itself from doing business with the drilling industry. Oops. The city does a lot of business with the drilling industry.

Now city council members are planning a vote to rescind the ban they just passed last month…
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Hydraulic Fracturing | Industrywide Issues | Regulation | Statewide VA | Statewide WV | Virginia | West Virginia

Charleston Gazette Editorial: Drill Washington National Forest
September 10, 2013September 10, 2013

The debate continues to rage over whether or not to allow shale drilling in the George Washington National Forest. Later this month, the U.S. Forest Service will decide whether or not to allow it (see WashPo Takes Aim at Fracking in the George Washington Natl Forest). Counter to the claptrap published in the Washington Post a few days ago, the Charleston Gazette provides powerful arguments in favor of drilling in a tiny sliver (12,000 acres out of 2 million) of the Washington Forest in today’s editorial.

One gem from the Gazette: The “pristine” Jefferson National Forest with it’s own “leafy cradles” and “gurgling brooks” sits adjacent to and south of the Washington National Forest–in the very same watershed. The Jefferson Forest has had active conventional (vertical) gas drilling for decades–with absolutely no problems…
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Hydraulic Fracturing | Industrywide Issues | Litigation | New York | Regulation | Statewide NY

How Long Before NY High Court Rules on Town Bans? An Answer…
September 9, 2013September 9, 2013

Two weeks ago MDN told you the encouraging news that the New York Court of Appeals (New York’s highest court) will hear the Dryden and Middlefield town ban cases (see Anti-Drillers Attempt a Brave Face with NY Appeals Court Decision). Anti-drillers, like former Gannett and Binghamton Press & Sun-Bulletin reporter Tom Wilbur, are understandably shaken by this turn of events. They believe they had won (using NY’s courts) where they couldn’t win (in the political arena and the arena of ideas)–so when the high court said “yes” to hearing the case, they took it as a bad omen. They continue to put on a brave face, but make no mistake–they’re scared.

What about the timing for a decision in these twin cases being heard together as a single case? Wilbur does a good job of tracking down just how long the appeal to the high court will take to run its full course…
Read More “How Long Before NY High Court Rules on Town Bans? An Answer…”
Anti-Drilling/Fossil Fuel | Hydraulic Fracturing | Industrywide Issues | Mahoning County | Ohio | Regulation

Economic Suicide Attempt #2: Youngstown to Vote Again on Frack Ban
September 9, 2013September 9, 2013

In May 2013, the citizens of Youngstown, OH wisely chose not to commit economic suicide by voting against a ban on fracking–a ban that not only ban fracking but also outlaw the business activities of some companies that support the drilling industry (see Youngstown, OH Votes Down Fracking Ban Amendment). The people had their say, and they said 57% to 43% “we’ll take fracking and the jobs that go with it, thank you very much.” But you have to hand it to irrational anti-drilling zealots–they don’t give up. They are bound and determined to commit economic suicide, and now, they may have just been handed the equivalent of a loaded gun with permission to do it…
Read More “Economic Suicide Attempt #2: Youngstown to Vote Again on Frack Ban”
Energy Companies | Halcon Resources | Industrywide Issues | Ohio | Pipelines | Regulation | Trumbull County

US Army Corp Engineers OKs Halcon Pipeline in Trumbull County, OH
September 9, 2013September 9, 2013

Good news for Halcon Field Services: The Pittsburgh District of the U.S. Army Corps of Engineers has cleared the way for Halcon to horizontally drill and install a natural gas gathering pipeline beneath federal land in Trumbull County, Ohio…
Read More “US Army Corp Engineers OKs Halcon Pipeline in Trumbull County, OH”
Anti-Drilling/Fossil Fuel | Hydraulic Fracturing | Industrywide Issues | Regulation | Statewide VA | Statewide WV | Virginia | West Virginia

WashPo Takes Aim at Fracking in the George Washington Natl Forest
September 9, 2013September 9, 2013

A “reporter” with the appropriate last name of “Fears” has authored a masterful piece of propaganda for the Washington Post on the “looming” decision about whether or not the U.S. Forest Service should allow shale drilling in a teeny tiny part of the 2 million acre George Washington National Forest that covers parts of Virginia and West Virginia.

All you need to know about the viewpoint of the so-called article (really just more anti-drilling propaganda) can be found in the first two sentences…
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Energy Services | GreenHunter Resources | Industrywide Issues | Regulation | Wastewater

Federal Approval for Barging Frack Wastewater Very Close
September 6, 2013September 6, 2013

Has there been movement at the federal level to approve barge shipments of fracking wastewater? Going by the recent comments of John Jack, vice president of business development and operations for GreenHunter Water, we would say the answer to that question is very much a “yes”. MDN has told you about GreenHunter’s fracking wastewater recycling/barge facilities–now seven of them in the Marcellus/Utica region. The most recent such facility to win approval (and now being built) is in Wheeling, WV (see Wheeling, WV Approves GreenHunter Frack Wastewater Facility).

The holdup on barging frack wastewater down the Ohio River to locations where there are injection wells for permanent disposal has been an alphabet soup of federal government agencies who need to approve it, including the EPA, OMB, DOE, DOT and Coast Guard (see The Long (Federal) Road to Approve GreenHunter’s Barge Terminals). Going by John Jack’s recent comments, the long wait is almost over…
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Boardwalk Pipeline Partners | Energy Services | Industrywide Issues | Pipelines | Regulation | Williams

Bluegrass NGL Pipeline Hits Brick Wall in the Bluegrass State
September 6, 2013September 6, 2013

In a touch of irony, the Bluegrass Pipeline–a proposed new natural gas liquids (NGL) pipeline that will stretch from the Utica/Marcellus region all the way to the Gulf Coast (see Williams, Boardwalk Announce Marcellus-to-Gulf Coast NGL Pipeline)–has hit a brick wall in the Bluegrass State–Kentucky.

Williams and Boardwalk Pipeline, co-owners of the project, maintain that because the Bluegrass Pipeline is an interstate pipeline they can (if need be) invoke eminent domain to force landowners to let them lay the pipeline under their property. Kentucky Energy Secretary Len Peters says not so fast. His team of legal beagles has researched it and they say the Bluegrass Pipeline does not have eminent domain status in the Bluegrass State. We see a legal show-down on the horizon…
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Anti-Drilling/Fossil Fuel | Hydraulic Fracturing | Industrywide Issues | Pennsylvania | Regulation | Statewide PA

PA Auditor General Spreads Rumor of Problems at DEP
September 6, 2013September 6, 2013

Pennsylvania’s Auditor General, Eugene DePasquale, is an anti-drilling Democrat who took office in January 2013. On his very first day on the job he targeted the Marcellus Shale industry and the state Dept. of Environmental Protection (see Newly Elected PA Auditor General Targets DEP First Day on Job). DePasquale wasted no time in issuing a letter to the DEP, telling them he was about to launch a year-long anal exam of the agency and its “protection” of PA’s water resources as relates to shale drilling. Mike Krancer was the Secretary of the DEP at the time and told DePasquale in so many words, “bring it on” (see PA Auditor General Targets State’s Marcellus Drilling Industry).

DePasquale has issued an–update? Guidance? Interim report? Helpful suggestions? Nope. He’s issued innuendo and unspecific rumors against the DEP to the reliably anti-drilling editorial board at the Scranton Times-Tribune. Here’s what he said to a group of sycophantic and unquestioning reporters yesterday–or rather what he didn’t say but insinuated…
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Hydraulic Fracturing | Industrywide Issues | Litigation | New York | Regulation | Statewide NY

JLCNY Fact Sheet on “Takings” Lawsuit – We Need More $$
September 5, 2013September 5, 2013

The Joint Landowners Coalition of New York (JLCNY) is ready to sue New York State on behalf of landowners for “takings”–the concept that the state has illegally stopped property owners from using their land and therefore must compensate them for it. The only thing the JLCNY needs now is money–and lots of it–to pay legal and research expenses. Once they have the cash, the lawsuit will go forward.

Dan Fitzsimmons, president of the JLCNY, sent an email yesterday with a “fact sheet” about the lawsuit (see it below). The fact sheet attempts to clear up lingering questions about the lawsuit–its purpose, the way it will go forward, and when it will go forward. Please take time to donate to the JLCNY’s legal fund (MDN is a proud contributor)…
Read More “JLCNY Fact Sheet on “Takings” Lawsuit – We Need More $$”
Energy Services | Industrywide Issues | Litigation | Pennsylvania | Pipelines | Regulation | UGI Energy Services | Wyoming County (PA)

UGI Victory: Judge Rules in Favor Marcellus Gate Station in NE PA
September 3, 2013September 3, 2013

MDN told you back in April about UGI’s (a Scranton-area public utility) plan to build a new pipeline connector–called a gate station–so they could tap into abundant, cheap and locally produced Marcellus Shale gas to sell to its customers. UGI’s plan will lower the gas bill for thousands of its customers and use local Marcellus gas instead of gas piped in from the Gulf Coast. Fantastically, some hardened anti-drillers opposed the new gate station with claims of air pollution, dire consequences, blah blah–the usual banal excuses–even though there has been another gate station operating in the area for more than 50 years (see Anti-Drillers Try to Stop Pipeline Connector in NE PA).

Anti-drillers tried to stop the UGI gate station by invoking local zoning ordinances at the town level. Fortunately, a level-headed administrative law judge has put a stop to those efforts and has ruled that UGI may go ahead and build the new Marcellus gas gate station…
Read More “UGI Victory: Judge Rules in Favor Marcellus Gate Station in NE PA”
Hydraulic Fracturing | Industrywide Issues | Regulation

ASTM Intl Announces Proposed Standard for Shale Oil/Gas Fracking
September 3, 2013September 3, 2013

There’s no end of governmental, quasi-governmental and private organizations that want to impose some sort of regulation on fracking. From the federal EPA on down, they all want to get their licks in. Regulation (at the state level) is of course absolutely necessary. Strong regulations to protect citizens and the environment is a must–and the responsibility for doing it lies solely with the states as a matter of Constitutional law. As for the plethora of other would-be regulators? Not needed. But that doesn’t stop them from trying anyway.

The latest organization to toss their hat in the fracking regulation ring is ASTM International–formerly known as the American Society for Testing and Materials. A very fine organization with superb standards used by many industries. However, they’re now working on a proposed standard and “best practices” for shale oil and gas drilling and fracking. We have to ask: Is it really needed?
Read More “ASTM Intl Announces Proposed Standard for Shale Oil/Gas Fracking”
Anti-Drilling/Fossil Fuel | Hydraulic Fracturing | Industrywide Issues | New York | Regulation | Statewide NY

Anti-Drillers Attempt a Brave Face with NY Appeals Court Decision
August 30, 2013August 30, 2013

MDN was one of the first news/blog sites yesterday to break the news that the New York Court of Appeals has decided to hear the Dryden and Middlefield appeals. This is the best possible news landowners could receive (see BREAKING: NY Court of Appeals will Hear Dryden/Middlefield Case). As promised, below is MDN’s explanation of why we believe the Court of Appeals decision is the single most positive development NY landowners have had in several years (not hyperbole!).

However, before our analysis, some background on yesterday’s decision as given by an objective news source (the Wall Street Journal) and by a not-so-objective news source (the Albany Times Union)…
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Hydraulic Fracturing | Industrywide Issues | New York | Regulation | Statewide NY

RINO NY Sen Greg Ball Comes Out in Favor of Fracking…Sort of
August 30, 2013

Anti-drilling New York State Sen. Greg Ball (a Republican-In-Name-Only from Putnam County), perhaps sensing his next election prospects slipping away, has had a conversion of sorts to becoming a teeny, tiny little bit pro-drilling. In January 2012, Ball introduced a bill that would extend New York’s fracking moratorium until June 1st of this year (Bill to Extend Fracking Moratorium until 2013 Hits NY Senate). Obviously the law didn’t pass and wasn’t even needed. However, it showed the true colors of Greg Ball. Now he’s “seen the light,” supposedly…

Ball “came out” yesterday with an editorial published on his website and picked up by several media outlets. Here is his explanation for his change of heart and new-found, lukewarm, conditional support for fracking in NY:
Read More “RINO NY Sen Greg Ball Comes Out in Favor of Fracking…Sort of”
Energy Companies | Hydraulic Fracturing | Industrywide Issues | Litigation | New York | Norse Energy | Regulation | Statewide NY

Norse Energy 2Q13: Concerned About Remaining ‘a Going Concern’
August 30, 2013August 30, 2013

MDN told you a few days ago about the sad state of affairs at Norse Energy (see Norse Can’t Dump NY Leases at Auction, Creditors Get Ready to Sue). The company released their second quarter update today (full copy embedded below). The update is based on the assumption the company will remain “a going concern.” They state that if they can’t sell their 130,000 acres of New York leases at a decent price, they’ll have to turn the lights off and walk away. The company is currently under bankruptcy protection and has been ordered to sell their last remaining asset–the leases.

One item from the 2Q13 update that caught our attention is that a group of approximately 60 landowners with a collective 6,000 acres are suing Norse to end their leases. Norse had invoked force majeure on the leases–a legal maneuver that states, roughly, “due to a circumstance beyond our control we’re extending the original lease term.” Of course the unforeseen circumstance is the now 5+ year moratorium on drilling in New York. If Norse starts losing already-signed leases left and right, they’ll have no assets left to sell at auction, so they are vigorously fighting the action by the landowners…
Read More “Norse Energy 2Q13: Concerned About Remaining ‘a Going Concern’”
Hydraulic Fracturing | Industrywide Issues | Litigation | New York | Regulation | Statewide NY

BREAKING: NY Court of Appeals will Hear Dryden/Middlefield Case
August 29, 2013August 29, 2013

Important and breaking news as MDN gets published… The New York Court of Appeals (our state’s highest court) has decided to review a lower court ruling on the Dryden and Middlefield cases in which townships banned shale drilling and fracking for everyone in the town. This is fantastic news for New York landowners. We will have more analysis tomorrow. In the meantime, here’s a statement issued by the Joint Landowners Coalition of New York:
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