Regulation

Hydraulic Fracturing | Industrywide Issues | Regulation | Research

Big News: EPA Fracking Study Delayed 2 Years – Now Due 2016
June 19, 2013June 19, 2013

Big news from the “Shale Gas: Promises and Challenges” conference in Cleveland, OH yesterday from none other than the federal Environmental Protection Agency (EPA). Jeanne Briskin, coordinator of the multi-year study on hydraulic fracturing research the EPA’s Office of Research and Development is performing, said yesterday the final report for the EPA fracking study will be delayed by two years–until 2016. This is the first time MDN has heard that the final study will be delayed.

The fracking study was ordered by an activist Congress back in 2010. The EPA released an outline of their research plan in late 2011 but by then had already started to collect data, ahead of completing the plan for how they would collect the data (see EPA Releases Plan to Study Fracking, Jumps the Gun). A preliminary report was due and was issued in late 2012 (see EPA’s Fracking Study Progress Report (Dec 2012)). The final report is due in 2014. Not anymore…
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Anti-Drilling/Fossil Fuel | Hydraulic Fracturing | Industrywide Issues | New York | Regulation | Statewide NY

Anti-Drilling Stupidity on Parade in Albany, NY
June 19, 2013June 19, 2013

The problem in New York, dear reader, is not (necessarily) an inept politician–Gov. A. Cuomo–but rather the hypocrisy and stupidity of many of my fellow residents. To wit, a rally in Albany on Monday drew something over 1,000 anti-fossil fuel protesters (the AP says 2,000, they always double the real number), where those who attended cheered poll results that show an increase across the state in those who oppose shale drilling…
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Hydraulic Fracturing | Industrywide Issues | New York | Regulation | Statewide NY

NY State Politicians Tackle the *Really* Tough Issue…of Cider
June 19, 2013June 19, 2013

This post is somewhat off-topic and purely for your entertainment purposes. We’re near the end of a legislative session here in New York State–you know, the state where 4/5 of the state, known as “Upstate,” is in economic poverty with job and population losses year after year. Our intrepid governor, Andrew “The Ditherer” Cuomo is hard at work with lawmakers (before heading off to the Hamptons for the summer). They’re trying to figure out how to improve the lives of all ~~serfs~~ New York residents, especially those ~~losers~~ in Upstate.

Would an immediate influx of thousands of jobs and billions of dollars of investment from drilling in shale deposits be one of the things our hardworking politicians are discussing to, you know, improve the lives of Upstaters, especially farmers? Nope. Not even on the table. Instead, they’re fiddling around with legislation to allow farmers to make up to 150,000 gallons of hard cider a year (using NY apples of course)–presumably to keep them drunk so they won’t notice their property rights have been confiscated and they’re about to lose the family farm…
Read More “NY State Politicians Tackle the *Really* Tough Issue…of Cider”
Hydraulic Fracturing | Industrywide Issues | Pennsylvania | Regulation | Statewide PA

Krancer: States Do a Good Job, Feds Should Butt Out on Fracking
June 17, 2013June 17, 2013

Three cheers for former PA Sec. of the Department of Environmental Protection Michael Krancer who, talking on a recent radio program, said the Obama administration’s desire (and plan) to regulate fracking at the federal level is unnecessary and the “feds should back off.” He said the individual states already do a great job and the feds have no business horning in.

We sure do miss having the mince-no-words Krancer as Secretary at the DEP…
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Delaware County | Hydraulic Fracturing | Industrywide Issues | Litigation | New York | Regulation

Exclusive: Sidney, NY Sued by Landowners over Fracking Moratorium
June 14, 2013June 14, 2013

Three town board members in the Town of Sidney (Delaware County), NY should be concerned–very concerned. They voted February 13th to enact a one-year moratorium against shale drilling and fracking. Two other board members voted against the moratorium, so it passed. Now, all residents of the Town of Sidney will have to shuck out more money in taxes to defend that vote–on Wednesday they were sued by a group of local landowners whose property rights have been violated by the ban.

The worrisome part for Sidney is who is doing the suing on behalf of the landowers–Hinman, Howard & Kattell (HHK)–the same law firm that successfully sued Binghamton over their moratorium. Binghamton’s moratorium was found illegal and tossed last year (see NY Judge Throws Out Binghamton Fracking Moratorium). Below is a summary of the lawsuit against Sidney, as provided to MDN by HHK:

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Hydraulic Fracturing | Industrywide Issues | Litigation | New York | Regulation | Statewide NY | Tompkins County

Dryden Files Request with NY Highest Court to Not Consider Appeal
June 14, 2013June 14, 2013

Although New York Gov. Andrew Cuomo has dithered for more than a year on whether or not to allow fracking–and continues his equivocation–there is a much more important drama unfolding that will ultimately, in our opinion, determine whether or not New York will ever see meaningful shale drilling. The more important issue is now in the courts. Specifically, it revolves around whether or not New York’s highest court, the Court of Appeals, will hear a pair of cases from towns that have banned drilling.

A few weeks ago we told you about the appeals from a landowner near Cooperstown (Middlefield) and from Norse Energy (Dryden) asking the Court of Appeals to hear the case and overturn the town bans. The Town of Dryden has now sent their own request to the Court of Appeals–asking them to not consider the case…
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Anti-Drilling/Fossil Fuel | Herkimer County | Hydraulic Fracturing | Industrywide Issues | New York | Regulation

Manheim Latest NY Town to Pass Illegal Fracking Moratorium
June 13, 2013June 13, 2013

Yet another New York town has foolishly voted to extend a moratorium on drilling. Why foolish? A judge threw out a similar moratorium in Binghamton, NY last year (see NY Judge Throws Out Binghamton Fracking Moratorium). Depending on the language used and general circumstances, moratoriums in New York are illegal. Outright bans, for now, are still legal–although a pair of cases is (hopefully) headed to the state’s highest court which may overturn the right of towns to ban fracking (i.e. stop them from stripping away the rights of property owners).

The latest NY town to pass a moratorium and announce to the world it’s closed for business is Manheim (Herkimer County), NY. Note to Manheim taxpayers: Get ready to open your wallets to defend an expensive lawsuit…
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Anti-Drilling/Fossil Fuel | Hydraulic Fracturing | Industrywide Issues | New York | Onondaga County | Regulation

Pompey, NY Votes to Ban Drilling, Bullies 2 Board Members
June 12, 2013June 12, 2013

The Town of Pompey (Onondaga County), NY, near Syracuse, voted on June 3 to ban all fracking and shale drilling in the town. We’d like to take this opportunity to once again deliver a brief history lesson of how and why this is nothing short of mob rule and not classic democracy in action.

First, the news from Pompey and how three town board members (Carol Marsh, Greg Herlhy and Victor Lafrenz) bullied two other board members (Carl Dennis and Craig Smithgall) into not voting, and how those three individuals unilaterally snatched away the property rights of 15-20 landowners in the town who already have gas leases, with a single vote…
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Anti-Drilling/Fossil Fuel | Hydraulic Fracturing | Industrywide Issues | New York | Regulation | Statewide NY

Bloomberg: NY Dead Last in Business Because of Fracking Moratorium
June 12, 2013June 12, 2013

An article appearing on, of all places, the ultra-liberal Bloomberg news service, compares both California and New York and their neck-and-neck race to be dead last in business friendliness. Although both states have ineffective governors and shoot themselves in the head on a number of issues, the article concludes that New York wins the dubious distinction of being “dead last” for business climate primarily because of one deciding factor: fracking.

California, even with Gov. Jerry “Moonbeam” Brown and its pot-smoking, granola-head legislature has embraced (or at least not rejected) fracking, while New York’s Gov. Andrew “Ditherer” Cuomo, frightened of his loony left, has continued to block fracking. New York is entering a fifth year of a de facto moratorium on drilling and it has killed the upstate economy.

From the article:
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Hydraulic Fracturing | Industrywide Issues | New York | Regulation | Statewide NY

NY Fracking Moratorium Bill in Senate Still Stalled, TY Repubs
June 12, 2013June 12, 2013

Thank God for the Republicans in the New York State Senate. Because of the leadership (and opposition) of people like Sen. Tom Libous (Binghamton, NY) and Senate Co-Majority Leader Dean Skelos, a bill in the Senate to extend a fracking moratorium statewide until next May is still stalled and likely will not come to a vote. A similar bill has already passed the Democrat-dominated NY Assembly…
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Air Quality | Hydraulic Fracturing | Industrywide Issues | Litigation | Regulation

13 States Send Letter to EPA, Draws a Fracking Line in the Sand
June 11, 2013June 11, 2013

We’re not quite sure how this one slipped by our radar, but a month ago the attorneys general from 13 brave states–1/4 of all states–sent a letter (copy embedded below) to the federal Environmental Protection Agency (EPA) drawing a line in the sand and saying, “Don’t step over that line” when it comes to regulating fracking. To which we say, “Horray!” Finally, someone with backbone to push back against a rogue, out-of-control EPA desirous of regulating anything and everything–in violation of the U.S. Constitution.

New York, of course, was not one of the 13 signatories. However, West Virginia (with a Democrat governor), was. Ohio signed it too. Sadly, even though Pennsylvania Gov. Tom Corbett is pro-drilling, the new Democrat attorney general in PA, Kathleen Kane, is anti-drilling and she refused to participate in signing the letter–even though her state is reaping huge rewards from shale drilling and stands to lose big-time under an activist EPA.

Here’s what prompted the letter…
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Hydraulic Fracturing | Industrywide Issues | Pennsylvania | Regulation | Wayne County

Impotent DRBC Killing Farmers in Wayne County, PA with Moratorium
June 10, 2013June 10, 2013

Sadly, there’s a large swath of land in northeastern Pennsylvania, in Wayne and surrounding counties (see map below), that has the same disease as all of New York State. It’s called a shale drilling moratorium. Why is there a moratorium in Wayne County? Most of Wayne, all of Pike County and parts of a few other NE PA counties are located within the Delaware River Basin Commission’s jurisdiction, which has had a ban in place since 2010. The DRBC is controlled by five voting members: the governors of Pennsylvania, New York, Delaware and New Jersey, plus a member of the U.S. Army Corps of Engineers. It’s hard enough to get one state government to sign off on drilling–but four? Including NY?? Good luck with that.

An article in yesterday’s Wilkes-Barre Citizens’ Voice looks at how the impotent DRBC is killing farmers in NE PA with their moratorium…
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Energy Services | GreenHunter Resources | Industrywide Issues | Meigs County | Ohio | Regulation | Wastewater

GreenHunter Opens Brine Injection Well in Meigs County, OH
June 7, 2013June 7, 2013

GreenHunter Water’s newest brine injection well has begun operation in Meigs County, Ohio. The well is located close to the Ohio River and GreenHunter hopes to, at some point, receive brine wastewater via barge and pump it directly from barges to the well for disposal, reducing truck trips. GreenHunter now has eight active saltwater (brine) injection wells in the Utica/Marcellus region, five of which are located in Ohio.

Management says they are excited to “be the first to implement a barging program…” However, as far as we know, the Coast Guard (and the White House and a variety of other agencies) have still not given the green light for barge shipments of fracking wastewater, which includes brine (see The Long (Federal) Road to Approve GreenHunter’s Barge Terminals).
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Industrywide Issues | Pipelines | Regulation

EPA to Investigate Itself on Methane Leaks from Pipelines
June 7, 2013June 7, 2013

The federal Environmental Protection Agency (EPA) just keeps trying to do what they Constitutionally are not allowed to do: regulate oil and gas drilling. Their latest effort to do so comes from the EPA’s Inspector General office, which announced plans to investigate whether the EPA is taking enough action to reduce methane leaks from natural gas pipelines. Kind of like a person kicking himself in his own rear-end…
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Anti-Drilling/Fossil Fuel | Hydraulic Fracturing | Industrywide Issues | New York | Oneida County | Regulation

Utica, NY Bans Shale Drilling in the Utica (and Marcellus)
June 6, 2013June 6, 2013

It seems life in New York State is full of irony. The Marcellus Shale is named after the town of Marcellus, NY, where there is an outcropping of shale at ground level and the reason that particular shale layer was so-named. A while back the Town of Marcellus banned shale drilling. In like manner, the Utica Shale is named for Utica, NY. Tuesday night, the City of Utica Common Council banned drilling and fracking within city limits. Not that it would happen there anyway–but still, Et tu, Brute?

We find this brief reference on the blog site of the local Utica newspaper:
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Anti-Drilling/Fossil Fuel | Fayette County | Hydraulic Fracturing | Industrywide Issues | Pennsylvania | Regulation

Perry Twp Anti-Driller Trots Out Same Old Lies about Drilling
June 6, 2013June 6, 2013

A local anti-drilling, anti-fossil fuel resident of Perry Township (Fayette County), PA asked the town board on Tuesday to institute a five-year drilling moratorium in the town. A quick check of the Marcellus and Utica Shale Databook 2013 (Vol. 1) shows no permits issued in Perry for drilling for the first four months of 2013, although a few permits were issued in neighboring towns. The anti-driller used the old, worn-out fear tactics of cancer-causing sand and chemicals (run for the hills!) to try and convince town officials into acting unwisely…
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