Regulation

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

Marbletown, NY Frack Ban Passes – 22 Page Manifesto
July 24, 2013July 24, 2013

Sometimes town leaders in New York State who vote to ban hydraulic fracturing are dullards–they don’t bother to research and understand the legal issues. It makes no difference to them that they’re trampling on the Constitutional property rights of their landowning constituents–the very people they’re sworn to protect (but don’t).

Other times, town leaders in New York who vote to ban drilling–like those in Marbletown, NY (Ulster County, Middle Hudson Valley area)–are truly, stupendously ~~stupid~~ misguided. What takes most towns a paragraph or two to do, “Don’t drill and frack anywhere in the town,” has taken the brainiacs in Marbletown 22 pages of new regulations to accomplish in their recently enacted fracking ban. And the town supervisor brags about it!…
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Hydraulic Fracturing | Industrywide Issues | Litigation | Regulation

New Congressional Report: How Federal Laws Govern Fracking
July 24, 2013July 24, 2013

Three Congressional Research Service (CRS) researchers–two of them attorneys and one an environmental policy specialist–recently issued a new CRS report titled “Hydraulic Fracturing: Selected Legal Issues” (full copy embedded below). The 37-page report takes a close look at federal legislation and its governance of/relationship to regulation of hydraulic fracturing. Specifically, the report looks at the Safe Drinking Water Act, the Clean Water Act and the Clean Air Act, along with a number of other federal laws.

The report also takes a look at state preemption of local zoning regulations when it comes to oil and gas drilling–a hot legal issue in many states, with pending court cases in Pennsylvania, Ohio and New York…
Read More “New Congressional Report: How Federal Laws Govern Fracking”
Industrywide Issues | Pennsylvania | Regulation | Statewide PA

PA DEP Extends Public Comment Period for Public Comment Period
July 24, 2013July 24, 2013

Want your voice heard on whether or not the Pennsylvania Dept. of Environmental Protection (DEP) should or should not grant a particular permit for shale drilling? The DEP has announced they are extending the public comment period on their draft policy for…er…public comments–at least public comments given in the drilling Permit Review Process. The original public comment period on public comment periods was scheduled to close on July 22. The public comment period on public comment periods has now been extended to August 27.

Here’s the PA DEP’s public comment about the extension of public comments on public comments:
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Broome County | Hydraulic Fracturing | Industrywide Issues | New York | Regulation | Statewide NY

Somber Anniversary: Today NY Fracking Moratorium Turns 5 Yrs-Old
July 23, 2013July 23, 2013

Time to fly the flags at half staff. Why? It seems that freedom and liberty in New York State have died. Tyranny has slowly crept in and has now taken up residence in the Empire State. For five long years, landowners in New York have been denied their Constitutional property rights to allow shale drilling on and under their land, and frankly, there’s no end in sight to this travesty of justice. Oh, we New Yorkers have not given up! As Winston Churchill once famously said, NEVER!

But honestly, it’s hard to keep your chin up month after month and year after year, especially when Democrats control so much of the state and just don’t give a darn about individual freedom or the Constitution. It’s especially disheartening when there’s rampant ignorance on the part of many in the general public who only read headlines and don’t bother to try and understand the sometimes complicated drilling issue. As we pointed out yesterday, the drilling issue in New York has devolved into celebrity emotion vs. science (see NY Fracking Debate is Celebrity Emotion vs Scientific Facts).

To mark today’s somber anniversary, the Joint Landowners Coalition of New York will hold a “Five-Year Anniversary Event” at the Holiday Inn Arena in downtown Binghamton…
Read More “Somber Anniversary: Today NY Fracking Moratorium Turns 5 Yrs-Old”
Anti-Drilling/Fossil Fuel | Crime | Hydraulic Fracturing | Industrywide Issues | New York | Regulation | Seneca County

Anti-Drillers Provide Fraudulent Ban Petition to Covert, NY Board
July 23, 2013July 23, 2013

An MDN reader has alerted us to some “funny business” going on in the Town of Covert, NY (near Ithaca) on the part of anti-drillers who circulated a petition in support of a town ban on fracking. It appears that at least some of the “signatures” on the petition were fraudulently added by the group circulating the petition, the so-called Concerned Citizens of Covert (CCC). The list of names of those supposedly supporting a ban were presented as a typewritten list to town board members, but (as far as we know), the original signed petitions have not yet been produced by CCC.

One Covert landowner says she did not sign the petition but her name, along with the names of other family members who also did not sign, appears on the typewritten version of the petition. She said it looks like the CCC simply went through voter registration roles and added a bunch of names, claiming they had all signed. If that’s true, the CCC petition should immediately be investigated by the local and state attorneys general (but don’t hold your breath)…
Read More “Anti-Drillers Provide Fraudulent Ban Petition to Covert, NY Board”
Hydraulic Fracturing | Industrywide Issues | Regulation

New BLM Fracking Rule will Cost Drillers Nearly $100K per Well
July 23, 2013July 23, 2013

So just how much will the proposed new fracking rule (for wells fracked on public lands) from the Bureau of Land Management cost drillers? The Western Energy Alliance hired the respected economics firm John Dunham & Associates to run the numbers. What they found was that if the new rule goes into effect as written, it will cost drillers an extra $96,913 per well on average, making it cost prohibitive to even bother drilling some wells. Perhaps that’s the intent? The new BLM rule will likely not affect Marcellus and Utica Shale drilling because there is very little federal/public land in the northeast. So why bother to report on it? Because Obama administration officials have expressed their desire to one day “encourage” (i.e. force) the new BLM rule to be used for drilling on private land as well (see Feds ‘Hope’ States will Use BLM Rules for ALL Fracking).

The press release from the Western Energy Alliance, along with the full economic analysis from John Dunham & Associates:
Read More “New BLM Fracking Rule will Cost Drillers Nearly $100K per Well”
Hydraulic Fracturing | Industrywide Issues | New York | Public Opinion | Regulation | Statewide NY

NY Fracking Debate is Celebrity Emotion vs Scientific Facts
July 22, 2013July 22, 2013

The following full-throated, pro-drilling op-ed is noteworthy for two reasons. First, it was written by a former Bloomberg reporter, Kelly Riddell (who knew there was even a single pro-drilling person on staff at Bloomberg!). Second, it appeared in the usually anti-drilling Albany Times Union. One pro-drilling article per 50 or so anti-drilling articles is what passes for fair and balanced in the TU.

Hopefully Gov. Andy will tear himself away from paddling canoes and handing out flood relief money to read it. Riddell’s column is well worth your time to read, especially if you live in the Empire State…
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Anti-Drilling/Fossil Fuel | Industrywide Issues | Litigation | Pennsylvania | Regulation | Statewide PA | Warren County | Wastewater

“Enviro” Group Sues Wastewater Company, Alleges Illegal Dumping
July 19, 2013July 19, 2013

Clean Water Action (CWA), an anti-drilling, anti-fossil fuel 501(c)(4) non-profit group is using money from the war chest of its big liberal donors to sue a legitimate, small, private business. In a press release yesterday, CWA announced they’re filing a lawsuit against Waste Treatment Corporation, alleging WTC is illegally discharging oil and gas drilling wastewater into the Allegheny River in violation of Pennsylvania state regulations. But wait–isn’t it the PA Dept. of Environmental Protection’s (DEP) job to monitor and punish wrongdoers who break the rules? Yep. But that doesn’t stop out-of-control groups like the CWA.

WTC says they are operating according to the letter of the law and have violated no DEP regulations…
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Hydraulic Fracturing | Industrywide Issues | Litigation | Pennsylvania | Regulation | Statewide PA

PA Problem: Act 13 Zoning Case to be Decided by 6 Supremes, Not 7
July 18, 2013July 18, 2013

Potential trouble is brewing for Marcellus drillers in Pennsylvania. As MDN has chronicled since early last year, seven towns (and a few individuals) sued PA over a provision in “Act 13” passed in early 2012 which creates uniform statewide standards for oil and gas zoning regulations–regs that supercede and replace local zoning laws related to oil and gas drilling (see Lawsuit Filed: PA Towns Sue State over Marcellus Act 13 Law). A handful of towns in western PA didn’t like the state telling them where a well can and can’t go. They call it a “one size fits all” solution that doesn’t square with realities in different and varying geographies. The state maintains it has all sorts of safeguards built in and the new uniform standards prevent capricious local town boards from interfering with a legitimate and safe activity. Who’s right? It’s a Solomon kind of conundrum.

The towns sued and won–in two lower court cases. The case was appealed to the PA Supreme Court–but Houston, we have a problem. The PA Supreme Court heard arguments in the case last October. One of the seven justices has since been convicted on a minor fundraising offense and removed from office (see PA Supreme Court Resignation Affects Act 13 Zoning Decision). If the court had previously decided the case without a seventh justice, it likely would have resulted in a 3-3 split. The new justice, Correale Stevens, was installed in June. We’ve just learned that he will not participate in the Act 13 case, meaning it will definitely be decided by six justices. Unless one of them changes, a 3-3 decision would mean the lower courts’ decision stands and drilling in some locations in PA will be thrown into chaos, affecting landowners, jobs and the local economy…
Read More “PA Problem: Act 13 Zoning Case to be Decided by 6 Supremes, Not 7”
Broome County | Hydraulic Fracturing | Industrywide Issues | New York | Regulation | Statewide NY

JLCNY to Mark 5-Year Moratorium Anniversary at Binghamton Event
July 18, 2013July 18, 2013

The 77,000-member Joint Landowners Coalition of New York (JLCNY) will hold at event next Tuesday, July 23 at the Holiday Inn Arena in Binghamton to mark a somber milestone: the five-year anniversary of the shale drilling moratorium in New York State. This is a shout out to drilling supporters in the Southern Tier area of New York to invite you to attend…
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Hydraulic Fracturing | Industrywide Issues | Regulation

Interior Sec Jewell Grilled by Congress on New BLM Fracking Rules
July 18, 2013July 18, 2013

It’s no surprise that newly-minted U.S. Interior Secretary Sally Jewell is sticking up for federal regulation of fracking as proposed by her agency’s Bureau of Land Management (BLM). For now, BLM rules–once in effect–will be used to regulate fracking on public lands, mostly found in western U.S. However, the Obama administration has expressed its desire to grow the BLM regulations to include private land too (see Feds ‘Hope’ States will Use BLM Rules for ALL Fracking). Danger Will Robinson!

Testifying before the House Natural Resources committee yesterday, Republicans grilled Jewell about the new BLM regulations. Members of her own party (Democrat) chided her over the BLM’s use of FracFocus.org to report chemicals used in hydraulic fracturing fluid. Jewell’s response was less-than-comforting and (we would argue) a veiled threat that the BLM will dump using FracFocus at some point…
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Hydraulic Fracturing | Industrywide Issues | Maryland | Regulation | Statewide MD

Maryland Public Comment Session #2 on Drilling Best Practices
July 17, 2013July 17, 2013

For years, MDN has poked fun at the State of Maryland and has said, somewhat tongue-in-cheek, that Maryland is the only state more dysfunctional than New York on the topic of hydraulic fracturing and shale drilling. Now? We’d say Maryland and New York are neck-in-neck in the race to screw up the biggest economic and jobs miracle in generations. But we’d still give Maryland a slight edge as being “most dysfunctional.” That dysfunction was on full display at yesterday’s second public meeting held by the Maryland Dept. of the Environment to receive comments on a draft best practices for shale drilling document–a document recently released by the governor’s Marcellus Shale Advisory Commission (see Maryland Releases Draft “Best Practices” in Shale Drilling Report for a copy).

The Baltimore Sun was on hand for yesterday’s second public meeting–held in Baltimore–and filed this report:
Read More “Maryland Public Comment Session #2 on Drilling Best Practices”
Hydraulic Fracturing | Industrywide Issues | New York | Regulation | Statewide NY

Cuomo and Fracking and Comments (Oh My!)
July 15, 2013July 15, 2013

Kind of a strange editorial in the Rochester, NY Democrat and Chronicle (D&C) newspaper last Friday. The gist of the editorial is that Gov. Cuomo has not distinguished himself by fence-sitting on the fracking issue (we agree with that point). However, the editorial writer(s) have angst that because Cuomo and his lieutenants at the Dept. of Environmental Conservation and State Dept. of Health have taken so long with their respective reviews, that the 200,000 comments from the public filed by a deadline earlier this year will go un-responded to and that the public’s input will be “dismissed” and not considered in the final decision.

Here’s what the D&C editorial says:
Read More “Cuomo and Fracking and Comments (Oh My!)”
Anti-Drilling/Fossil Fuel | Exporting | Hydraulic Fracturing | Industrywide Issues | Regulation

France Sticks its Collective Head in Frack Sand
July 15, 2013July 15, 2013

Apparently the matter is now settled in France. As long as President Francois Hollande is in office, he will not allow shale drilling in France. Too bad for the French people. Great news for the U.S.–France just became a huge export market for us…
Read More “France Sticks its Collective Head in Frack Sand”
Hydraulic Fracturing | Industrywide Issues | Pennsylvania | Regulation | Statewide PA

DRBC Feeling the Pressure from PA Over Fracking Rules
July 11, 2013July 11, 2013

According to the Delaware River Basin Commission’s chairperson, Michele Siekerka (from NJ), the DRBC has been a busy little beaver putting “thousands of hours” of work into doing “more work” on proposed new rules to allow fracking in several Pennsylvania counties, including Wayne and Pike. Too bad they don’t have anything to show for it.

As you may recall, PA Gov. Tom Corbett recently sent the DRBC a zinger letter telling the DRBC to defecate or get off the pot (see PA Gov. Lights into DRBC Over Failure to Act on Drilling Rules). On top of that, a landowner group in PA is threatening the DRBC with a lawsuit for “takings” if they don’t move forward–now (see Energy in Depth’s The DRBC Dance Around the Stonewall). Looks like all the pressure is having some effect. At least the DRBC is squirming and issuing banal statements about how hard they’re working…
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Industrywide Issues | Pipelines | Regulation

Congressman Proposes Bill to Fastrack Pipeline Approval
July 11, 2013July 11, 2013

Infrastructure–pipelines and processing plants–are currently the issue holding up more production in the Marcellus and Utica Shale. And the northeast is not alone. Pipelines in particular, big interstate pipelines, can sometimes take many years to plan and build. One reason they take so long is that government agencies *cough* Fish and Wildlife Commission, the Army Corps of Engineers, Bureau of Land Management *cough* don’t incur any consequences if they violate the 90-day turnaround time they’re supposed to observe when it comes to investigating and signing off on new interstate pipelines.

Congressman Mike Pompeo, R-Kan, has introduced a bill in Congress that will fix that little problem. You take your time and miss the deadline? Automatic approval for the pipeline in 90 days. Bam!…
Read More “Congressman Proposes Bill to Fastrack Pipeline Approval”