Regulation

Hydraulic Fracturing | Industrywide Issues | Regulation

MDN Disagrees with MSC Statement on Obama Climate Speech
June 28, 2013June 28, 2013

MDN is a huge fan of the Marcellus Shale Coalition (MSC), which is headquartered in Pittsburgh. Every year they host one of the best (we consider it the best) Marcellus conference and trade shows, called Shale Insight (we heartily encourage you to attend).

But–and you knew there was a “but” coming–we vigorously disagree with the MSC’s statement about Pres. Obama’s energy and climate policy speech (for background and a transcript of Obama’s speech, see BHO Sacrifices Liberty and Freedom in the Name of Climate Change)…
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Air Quality | Alternative Energy | Hydraulic Fracturing | Industrywide Issues | Regulation

BHO Sacrifices Liberty and Freedom in the Name of Climate Change
June 27, 2013June 27, 2013

On Tuesday, President Barack Hussein Obama delivered a speech at Georgetown University (full copy embedded below) in which he said, essentially, that he doesn’t have the patience for this messy thing called democracy and freedom and the will of the people when it comes to so-called Climate Change. Therefore he, BHO, in order to save the planet from itself, will charge forward with draconian measures that he’s sure will be unpopular, but according to him, necessary.
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Allegany County | Hydraulic Fracturing | Industrywide Issues | Maryland | Regulation | Statewide MD

Maryland Releases Draft “Best Practices” in Shale Drilling Report
June 27, 2013June 27, 2013

On Tuesday, the Maryland Department of the Environment (MDE) and the Department of Natural Resources (DNR) released a draft report (dated August 2013) of “best practices for drilling and production that should be required” if (really big if) horizontal drilling and hydraulic fracturing for natural gas is permitted in the Marcellus shale in Maryland (full copy of the draft report is embedded below). At least one county official in one of the two Maryland counties that actually has Marcellus Shale under it is concerned that drillers will take one look at the proposed regulations and say “no thanks” to Maryland when it comes to drilling. He’s right to be concerned…
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Anti-Drilling/Fossil Fuel | Hydraulic Fracturing | Industrywide Issues | Pennsylvania | Regulation | Statewide PA | Taxation

Rendell Paints Hanger into Corner on PA Democrat Moratorium Vote
June 26, 2013June 26, 2013

Finally (finally!) some news outlets grudgingly, dragging their feet every step of the way, had to cover one of the biggest stories to ever come from the Marcellus Shale region: Two weeks ago the Pennsylvania Democrat party voted to support a statewide moratorium on all Marcellus drilling–in effect, an ongoing ban. They want to shut down drilling in the state. MDN stood alone for days in making this news known (see PA Democrat Party Votes to End Marcellus Shale Drilling Statewide). Finally, the Harrisburg Patriot-News and Associated Press covered the story when former PA governor (and Democrat) Gov. Ed Rendell spoke out against the vote, calling it “ill-advised.”

In his comments, Rendell painted his former Secretary of the Dept. of Environmental Protection, John Hanger, into a corner (see below). Shockingly, Hanger has still not renounced this act of political suicide by his fellow Democrats. In fact, he refuses to criticize the eco-nuts in his own party, preferring to sit on the fence with regard to a moratorium (see his equivocating response below). We’d call that a “stunning fact,” John. Wouldn’t you?
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Hydraulic Fracturing | Industrywide Issues | Pennsylvania | Regulation | Statewide PA

Pittsburgh Paper Takes Soros Group to Task over CSSD & Heinz
June 26, 2013June 26, 2013

A few weeks ago, MDN told you about a sham report from the George Soros-backed (and anti-drilling) Public Accountability Initiative (PAI), which took aim at the new Center for Sustainable Shale Development (CSSD) claiming to “out” the head of the Heniz Endowments–one of the environmentalist organizations in the CSSD–as having deep ties to the drilling industry (see Heinz Endowments President Owns $1.2M in Kinder Morgan Stock). The Pittsburgh Post-Gazette has (surprisingly) taken aim at PAI’s criticism of the CSSD. Summarizing the tone of the P-G editorial (our words): “Everybody already knew Bobby Vagt of the Heniz Endowments gets industry money–lighten up PAI. The CSSD is a good thing.”

Here’s part of the P-G editorial:
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Hydraulic Fracturing | Industrywide Issues | Litigation | Ohio | Regulation | Statewide OH | Summit County

Home Rule Case Heads to Ohio Supreme Court
June 21, 2013June 21, 2013

In February, Beck Energy won an appeal against Munroe Falls in Ohio’s Court of Appeals (Ninth District) which had the effect of striking down so-called “home rule” of oil and gas drilling (see OH Appeals Court Strikes Down Home Rule for Drilling). Ohio state law takes precedence over local laws when it comes to drilling, which was affirmed by the Ninth District judges. However, that mid-level court decision was appealed to the Ohio Supreme Court and the Supremes have just announced they’ve decided to take the case…
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Anti-Drilling/Fossil Fuel | Hydraulic Fracturing | Industrywide Issues | Monroe County (NY) | New York | Regulation

Flags at Half Staff: Rochester, NY Extends Fracking Moratorium
June 21, 2013June 21, 2013

On Tuesday, Rochester, NY City Council voted 9-0 to extend ordinance No. 2012-269, a moratorium on shale gas drilling, until June 30, 2014 (a copy of the resolution is embedded below). A similar moratorium in Binghamton, NY was found illegal and tossed out by a judge last year (see NY Judge Throws Out Binghamton Fracking Moratorium). Just a few weeks ago, a town in Delaware County was sued for passing the same type of moratorium (see Exclusive: Sidney, NY Sued by Landowners over Fracking Moratorium). Perhaps City Council members and voters in Rochester simply like paying high taxes to defend lawsuits?
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Anti-Drilling/Fossil Fuel | Hydraulic Fracturing | Industrywide Issues | Pennsylvania | Regulation | Statewide PA

PA Democrat Party Votes to End Marcellus Shale Drilling Statewide
June 20, 2013June 26, 2013

Some of the biggest news we’ve ever heard from Pennsylvania dealing with the Marcellus Shale happened last Saturday, and we’re only now just catching wind of it. In fact, if you search mainstream media high and low, we challenge you to find even a single reference to it. We found precisely one reference, in an obscure and short editorial in the Pittsburgh Tribune-Review.

The news is this: Last weekend the Pennsylvania State Democratic Committee–representatives from the entire Democrat party from around the state–met in beautiful Lancaster, PA and voted by an overwhelming majority (115 to 81) to pass a resolution calling for the immediate halt to fracking in the state. That is, they want to kill Marcellus Shale drilling in PA–snuff out the economic miracle in their midst. You have to wonder just how deeply insanity runs in the Democrat party. You also have to wonder why no one is reporting this…
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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…
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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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