Regulation

Hydraulic Fracturing | Industrywide Issues | New York | Regulation | Statewide NY

MDN Editor Jim Willis Corrects “First NY Marcellus Wells” Story
February 17, 2013February 17, 2013

No one likes to admit they were wrong, I know I don’t. Although MDN has attitude and edginess in its reporting (it is a blog/news site), I always try to be accurate and fair with the facts.

I ran what I consider to be a very important story on Friday about the potential locations of the first Marcellus and Utica wells to be drilled in New York when and if drilling begins (see Exclusive: First NY Marcellus Wells to be Drilled are Identified). There’s a decent chance I was wrong. Let me explain…

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Broome County | Cattaraugus County | Chautauqua County | Chemung County | Chenango County | Chesapeake Energy | Delaware County | Energy Companies | Hydraulic Fracturing | Industrywide Issues | Madison County | New York | Norse Energy | Regulation | Statewide NY

Exclusive: First NY Marcellus Wells to be Drilled are Identified
February 15, 2013February 17, 2013

NOTE: Please see the correction to this story on this page:
MDN Editor Jim Willis Corrects “First NY Marcellus Wells” Story.

An astute MDN subscriber sent us a tip that the New York Dept. of Environmental Conservation (DEC) updated their “Notices of Intent to Issue Well Permits” web page last night at 7:00 pm (Feb 14, 2013). In the list of well permits they “intend” to issue are 43 Marcellus Shale wells and 1 Utica Shale well.

Does this mean DEC Commissioner Joe Martens is getting ready to accept the SGEIS and issue permits? We believe it’s still too early for optimism on that front. However, if New York does decide to move forward and issue drilling permits “within 10 days” after accepting the SGEIS drilling rules, it stands to reason the wells in this list will be the very first wells to receive permission to drill.

We’ve harvested the information for all of the “Intent to Issue” wells, looking up each latitude and longitude and translating it into a street address. We’ve also rearranged the information in an easier to scan and understand format. You won’t find this information anywhere else but on MDN…

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Hydraulic Fracturing | Industrywide Issues | New York | Regulation | Statewide NY

NY Frack Update: Cuomo Dithers, Landowners Mad, Lawyer Explains
February 14, 2013February 14, 2013

It’s painfully obvious the reason New York is not moving forward with hydraulic fracturing is because of its governor, Andrew Cuomo. He’s the man the New York Times says “is becoming Hamlet on the Shale,” meaning he’s dithering and indecisive. Not good qualities to have if you’re a political leader seeking the highest office in the country.

Yesterday, Cuomo continued his pathetic excuses about why there’s an ongoing delay with fracking in New York State. Also yesterday, the group representing 77,000 landowners with more than a million acres of land to lease fired back at the DEC’s latest delay. Plus, we have a bit more insight from a pro-fracking lawyer about Joe Martens’ mysterious statement of moving forward with permits even without new regulations. Read on…

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Hydraulic Fracturing | Industrywide Issues | Pennsylvania | Regulation | Statewide PA

MSC Disagrees with MDN’s Take on Obama Speech
February 14, 2013February 14, 2013

Not everyone on the pro-drilling side of the isle agrees with MDN when it comes to the tragedy that is the Obama Administration. We told you our opinion of the president’s State of the Union Speech yesterday (see The Great and Powerful BHOz Threatens Edict on Global Warming).

The Marcellus Shale Coalition—a Pittsburgh-based industry organization that is tops in our book—doesn’t see it the same way. They think there were good things resulting from the speech. Here is their take on what Obama said on Tuesday:

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Hydraulic Fracturing | Industrywide Issues | New York | Regulation | Statewide NY

Deadline for NY Fracking Regs Slips Again…Or Does It?
February 13, 2013February 13, 2013

This is without a doubt the most difficult article MDN has had to author—on many levels. Yesterday, New York’s Commissioner of the Dept. of Environmental Conservation (DEC), Joe Martens, announced he would not release the Supplemental Generic Environmental Impact Statement (SGEIS) today, Feb. 13, because of a delay he’s blaming on the state health department. We previously reported that if the SGEIS was not released today, final regulations would not be adopted by Feb. 27 to allow fracking to move forward. In a statement yesterday, Martens seemed to say that’s not necessarily the case. His statement is confusing and contradictory, and frankly no one fully understands it.

MDN will break this all down and tell you what we know, what we don’t know, and what we think will happen. We have statements from State Health Commissioner Shah and DEC Commissioner Martens along with comments from various organizations with their interpretation of what it means. We will take you through the process chapter and verse—so this is a long post. We won’t keep you in suspense: We don’t know exactly what to make of Martens’ comments. It’s muddled, we believe intentionally so. The real person to keep your eye on in this theatre of the absurd is Gov. Andrew Cuomo, who seems to want to have his cake and eat it too…

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

NY Groups Want Cuomo Aide with “Ties” to Fracking Investigated
February 12, 2013February 12, 2013

Seven anti-drilling groups held yet another press conference yesterday in Albany, which is like saying the sun came up in Albany yesterday. This time the groups went a tad too far on the bizarro spectrum—even for other anti-drillers. Breathless in their charge, the assembled anti-drilling groups claimed (trumpet fanfare, ta da da da)…that Lawrence Schwartz, Gov. Andrew Cuomo’s chief of staff, has $3,000-$4,000 invested in the stock market in oil and gas companies. (Gasp!)

Yes ladies and gentlemen, that puny investment means Schwartz has run a mind-fake on Cuomo, and like Svengali of old, he’s hypnotized Cuomo into allowing fracking which will poison the good citizens of New York in order to boost the value of oil and gas companies and thus his personal holdings by what, maybe $500? The price of a single bottle of fine wine at one of Cuomo’s power lunches? But hey, this is “a really serious charge,” so these fine, upstanding groups—with no conflicts of interest of their own (*cough*)—are calling on the Albany County District Attorney General’s office to investigate…

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Industrywide Issues | Ohio | Regulation | Statewide OH | Wastewater

OH Agencies Propose New Law for Disposing “Radioactive” Shale Waste
February 12, 2013February 12, 2013

Three Ohio government agencies—the Dept. of Health, Environmental Protection Agency and Dept. of Natural Resources—have cooperated to produce proposed legislation that will tighten regulations around low-level radioactive waste from shale drilling. The three agencies released their proposal yesterday:

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

77K NY Landowners Prepare Lawsuit Against DEC
February 11, 2013February 11, 2013

MDN editor Jim Willis caught up with the attorney for the Joint Landowners Coalition of New York (JLCNY) at the Sunday, Feb. 10 screening of FrackNation in Binghamton, NY (video of the interview is embedded below). The JLCNY represents 77,000 New York landowners with over 1 million acres of land who are interested in leasing their land for natural gas drilling. New York State has not allowed those landowners to move forward with shale drilling for more than 4 1/2 years. Landowners, according to Kurkoski, are ready to take action if Gov. Cuomo delays it yet again this week.

MDN received a notice last Friday that the JLCNY is laying the groundwork for a lawsuit against the state for “de facto taking.” Kurkoski explains exactly what that means…

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Health Impacts | Hydraulic Fracturing | Industrywide Issues | New York | Regulation | Statewide NY

NY Health Experts Completed Fracking Review >1 Month Ago
February 11, 2013February 11, 2013

This is the week New York landowners will know of Gov. Cuomo’s decision, one way or the other, about whether or not he will allow fracking to proceed in New York. In a big way, this week will determine Cuomo’s future on the national political stage. He (laughingly) thinks he has a shot a running for president in 2016. Let’s not burst his bubble at the moment.

Part of the potential setup to further delay fracking (which is really a decision by the gov to kill it) is to say “we’re waiting for the results of a health review” and blame the delay on three consultants who were hired to conduct a review of the DEC’s work in regard to fracking’s potential impacts on “public health,” whatever that is. It has just come to light those three outside experts turned in their homework more than a month ago, but DEC Commissioner Joe Martens and NYS Health Commissioner Nirav Shah have cagily concealed that little fact in statements given at recent public hearings:

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Anti-Drilling/Fossil Fuel | Industrywide Issues | Pennsylvania | Regulation | Statewide PA

PA Anti-Drillers Claim DEP Discriminates Against Poor, Minorities
February 11, 2013February 11, 2013

Anti-drillers in Pennsylvania, including the anti-drilling organization PennFuture, claim that the state Dept. of Environment Protection (DEP) is discriminating against the poor and minorities that live in certain communities because it doesn’t give them “enhanced notification” about Marcellus Shale drilling permits issued in those communities. It’s just the latest in a string of desperate attempts by anti-drillers to slow or shut down the miracle of hydraulic fracturing in PA.

This latest fabricated “crisis” has to do with the nonsensical, gobbledygook concept of “environmental justice communities”…

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Hydraulic Fracturing | Industrywide Issues | Pennsylvania | Pipelines | Regulation | Statewide PA

1984 PA Oil & Gas Act Rewrite Delayed but Still Coming
February 11, 2013February 11, 2013

In February 2012, Pennsylvania state lawmakers adopted new shale drilling regulations called Act 13. MDN reported several months later, in August 2012, that Act 13 “didn’t do the whole job” and written into the Act 13 law itself was a requirement that the state’s 1984 oil and gas law undergo a complete regulatory rewrite (see Rewrite of 1984 PA Oil and Gas Act Underway). At that time (in August), the five-member Oil and Gas Technical Advisory Board issued 23 pages of proposed changes to the 1984 law and said they planned to have the rewrite done and dusted by December 2012.

It’s February 2013 and the 23-page draft has now grown to be 73 pages, and the original December deadline for completing the rewrite has now turned into “next winter.” However, progress is being made on what one board member calls a “big deal”…

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Broome County | Hydraulic Fracturing | Industrywide Issues | Jobs | New York | Regulation

Binghamton Area Union Members Rally to Support Fracking
February 11, 2013February 11, 2013

Some 125 union members gathered in Binghamton last Thursday at a rally to support shale gas drilling and the enormous number of jobs it would bring to New York State if Gov. Cuomo green lights fracking:

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Beck Energy | Energy Companies | Hydraulic Fracturing | Industrywide Issues | Litigation | Ohio | Regulation | Summit County

OH Appeals Court Strikes Down Home Rule for Drilling
February 7, 2013February 7, 2013

In 2012, Beck Energy Corp. got a permit from the OH Dept. of Natural Resources (ODNR) to drill on property located in the City of Munroe Falls (Summit County), OH. Beck started drilling and the city slapped a Stop Work Order on them and took them to court, saying Beck was not in compliance with a number of local ordinances and necessary permits. The local trial court supported Munroe Falls’ position and ruled in their favor.

Beck appealed the trial court decision to the Ohio Court of Appeals (Ninth District) and in a decision handed down yesterday, the appellate court sided with Beck and against so-called “home rule” when it comes to oil and gas drilling. The Ninth District instructed the lower court to reverse its opinion. This decision (full copy embedded below) has major consequences for both Utica Shale drillers and municipalities throughout the state…

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Hydraulic Fracturing | Industrywide Issues | Regulation

Obama Picks REI CEO to Head Dept. of Interior
February 7, 2013February 7, 2013

President Obama has picked Sally Jewell, a “conservation advocate” and the CEO of outdoor retailer Recreational Equipment Inc. (REI) to be his next secretary for the Dept. of Interior, filling the post that Ken Salazar is vacating. The DOI and its Bureau of Land Management have developed new rules for hydraulic fracturing on federal lands that Obama “hopes” may serve as a “template” for fracking on private land (see Feds ‘Hope’ States will Use BLM Rules for ALL Fracking). The new BLM rules generated a lot of controversy in 2012 and Salazar and the DOI backed off implementing them until a rewrite is completed.

Jewell, if confirmed, will enter the battle over hydraulic fracturing and whether or not the federal government has a role to play in it (MDN and the U.S. Constitution says the feds don’t have a role). The extremist environmental organization Sierra Club likes Jewell, which is a huge red flag. However, she did once work for Mobil Oil (now Exxon Mobil)—for a few years just out of college.

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

NY’s Anti-Drillers Attempt Smear of Geologists Consulting for DEC
February 7, 2013February 7, 2013

How does one convey the lunacy of the anti-drilling position in New York State? Latest example: The NY Dept. of Environment Conservation (DEC) has hired two geologists as consultants to evaluate earthquake risks associated with fracking (yes we know, there is no earthquake risk, but humor us for a bit). In a coordinated attack, anti-drillers say that because the two geologists have also done consulting assignments for nasty, evil drilling companies, they’re tainted. Damaged goods. Shills and tools of the drilling industry. Not to be trusted. Even though they’ve also done consulting work for environmentalist (anti-drilling) organizations. Doesn’t matter.

Such is how far anti-drillers have sunk in their campaign of smears and lies to try and prevent the miracle of hydraulic fracturing—which is already being done in NY in vertical conventional wells and has been for decades—from happening in the state for horizontal shale wells too.

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Huntingdon County (PA) | Industrywide Issues | Pennsylvania | Regulation | Statewide PA | Supply Chain

Small Business Startup to Furnish PA Drillers with Act 9 Signs
February 7, 2013February 7, 2013

MDN loves small business—we would argue they are the backbone of job creation in this country. Score another victory for a small business that picked up on a supply chain opportunity—an opportunity to provide a product or service to the shale drilling industry. In February 2012, the Pennsylvania legislature passed a new law called Act 9. Similar to Act 13, Act 9 deals with regulating Marcellus and Utica Shale drilling in PA. Act 9’s purpose? Make well pad drill sites safer. Part of Act 9 requires drillers to post new signage with safety information at the entrance of each drill site (example below).

Enter a new small business: Unconventional Well Pad Signs. Located near Altoona, PA, Unconventional Well Pad Signs is a division of another company—HomeWaters Retreats. HomeWaters, which provides vacation retreats and camps, is a business completely unrelated to manufacturing or any of the types of businesses you normally associate with providing products and services to the drilling industry. Gotta love small business entrepreneurs…

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