Regulation

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

2012 NY Assessment – New Fracking Regs Will Protect Public Health
January 3, 2013January 3, 2013

A draft assessment written in early 2012 by the New York State Dept. of Health, at the request of the Dept. of Environmental Conservation (DEC), offers us insight into the state’s thinking about potential public health impacts from fracking. The opinion expressed by the health department (and the DEC), at least at that time? If the DEC’s proposed new fracking regulations are adopted, shale drilling would be safe and public health would be protected.

The New York Times and Gannett recently obtained a copy of the previously unpublished assessment. When asked about it, the DEC was quick to distance itself from the “old” and “outdated” assessment:

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Industrywide Issues | Regulation | Taxation

Accounting Tax Provisions are Not Subsidies for Big Oil & Gas
January 3, 2013January 3, 2013

An important and insightful article appeared on the Forbes magazine website yesterday, detailing the rank hypocrisy by mainstream media in their reporting about “subsidies” for “big oil and gas.” The point of the article: There are no subsidies for oil and gas companies.

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

NY Elected Politicians Make Another Try to Stall Fracking
December 31, 2012December 31, 2012

Once again, anti-fracking elected political leaders in New York (people who need to be voted out of office, see their names below) are trying to pressure the waffling Gov. Andrew Cuomo into extending the new public comment period from 30 days to 90 days. A group of them sent a letter to Cuomo and DEC Commissioner Joe Martens requesting the extension (dated Dec. 21, copy of the letter embedded below).

Why do they want to extend it from 30 to 90 days? To force the restart of the entire process of approving new fracking regulations. If the comment period is extended to 90 days, it will go beyond the end of February forcing the restart of the entire process to evaluate and approve new fracking regulations. Restarting the process would effectively kill any fracking in the state—most likely forever.

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Industrywide Issues | Ohio | Regulation | Statewide OH

Checking Up: Did ODNR Meet Goal of 90 Well Inspectors?
December 31, 2012December 31, 2012

In May 2012, the Ohio Dept. of Natural Resources (ODNR), the state agency that oversees the permitting and drilling of oil and gas wells, set a goal of tripling the number of well inspectors by the end of 2012—which would mean having 90 inspectors on staff. The agency has struggled with a heavy load of inspections due to a ramp up in Utica Shale drilling.

So, did ODNR meet its goal?

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Industrywide Issues | Regulation

EPA Administrator Lisa Jackson Resigns
December 28, 2012December 28, 2012

As MDN had previously speculated, EPA Administrator Lisa Jackson, under official investigation for using a private email account for official government business in order to avoid archiving requirements, is resigning from the agency she’s headed for the past four (dreadful) Obama years. Jackson has been the leader of what MDN considers to be a rogue government agency—willing to usurp the Constitution and grab power whenever, and wherever it can.

Not everyone on the pro-drilling side of the isle shares MDN’s opinion of Ms. Jackson—some fear a replacement will be even more aggressive—but we don’t see how it could be any worse than the past four years under Jackson.

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Hydraulic Fracturing | Industrywide Issues | Regulation | Research

EPA’s Fracking Study Progress Report (Dec 2012)
December 28, 2012December 28, 2012

Early last week, the federal Environmental Protection Agency (EPA) released a 278-page “progress report” on it’s multi-year study of hydraulic fracturing (full copy embedded below). The final report is due to be completed in late 2014. The purpose of the study? To try and figure out if there’s any conceivable way the EPA can get its hooks into regulating oil and gas drilling in the U.S.—something Constitutionally left to the individual states to do. The EPA is hoping to prove that fracking somehow, in some way, impacts groundwater, which would let them claim fracking comes under the purview of the Clean Water Act and empower them to regulate drilling.

The Dec. 2012 interim report was issued to keep everyone posted on their progress. It specifically details how the EPA is conducting its research—their methodology—but not any results…not yet. The results of the research and the conclusions/recommendations will come in late 2014. Unfortunately it seems the EPA held private meetings with prominent anti-frackers before releasing the progress report (see Energy in Depth’s excellent analysis here), casting doubt on the EPA’s ability to conduct impartial research.

Here’s the EPA’s press announcement from last week’s release of the progress report:

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Hydraulic Fracturing | Industrywide Issues | Regulation

NJ Bill Would Ban Fracking Until EPA Report is Done
December 28, 2012December 28, 2012

In New Jersey, where even the Republicans are Democrats, it’s no surprise that a Republican Assemblyman—Declan O’Scanlon—has introduced a bill into the state legislature that would ban fracking in the state until the federal EPA is done with its analysis of fracking and water (which won’t happen until late 2014 at the earliest). Not that there’s any frackable shale under NJ anyway. Still, it’s the principle of the thing—and the rank hypocrisy of those who profess to be Republicans.

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

AP: NY Drilling Rules “Likely” to be Released in Feb 2013
December 27, 2012December 27, 2012

What’s this? The mostly-anti-drilling Associated Press appears to be throwing in the towel and admitting the DEC is likely to release new fracking rules in New York in February?! Indeed they are. But at the same time they are only too happy to cast doubt on when drilling might actually begin (hint—don’t plan on it next year):

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Air Quality | Alternative Energy | Hydraulic Fracturing | Industrywide Issues | Pennsylvania | Regulation | Statewide PA

Climate Change Being Used as Excuse for New Law in PA
December 27, 2012December 27, 2012

In 2009, the Pennsylvania Dept. of Environmental Protection’s (DEP) Climate Change Advisory Committee released a plan with non-binding recommendations aimed at reducing greenhouse gas emissions 30 percent statewide by 2020. The move was prompted by a 2008 law passed by the state legislature. (Ever notice “global warming” became “climate change” because the earth isn’t actually warming? … but we digress.) Part of the “recommendations” to reduce carbon dioxide is more use of natural gas. But getting natural gas from the ground tends to increase the release of methane, another so-called greenhouse gas.

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Hydraulic Fracturing | Industrywide Issues | New York | Regulation | Ulster County

Wawarsing, NY Passes Town Ban on Fracking
December 24, 2012December 24, 2012

The town board for Wawarsing, a town in Ulster County, New York (lower Hudson Valley, near New York City) illegally banned hydraulic fracturing (or “fracking”) at a town board meeting last Thursday night. The vote was unanimous, following a public hearing where not one person stood up for liberty and the Constitutional property rights of landowners. This is how democracy dies—when no one stands up for our hard-won rights.

Not that Wawarsing’s actions make a hill of beans worth of difference. There’s no retrievable Marcellus Shale gas to be had under the town anyway. Still, it’s the principle that’s at stake—that a simple majority of two or three people on a town board can strip away the property rights for everyone in the town with a simple vote.

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

JLCNY Sends Gov. Cuomo a Special ‘Happy New Year’ Card
December 21, 2012December 21, 2012

The Joint Landowners Coalition of New York (JLCNY) wants its 77,000 members to keep up the pressure on Gov. Andrew Cuomo—especially over the holiday period—by sending him a very special “Happy New Year” card (see a copy below).

MDN received an email from the JLCNY to its members encouraging them to print out and mail a copy of their special holiday greeting card. In addition, they want members to phone the governor’s office. The message to convey? “We’ve waited long enough.”

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Hydraulic Fracturing | Industrywide Issues | Regulation

Update: Which Obama Enviros are Going, Which Staying?
December 20, 2012December 20, 2012

Three federal officials (beside Obama) who have the most influence and can possibly cause the most damage to our energy independence as a county are the Secretary of Energy, Secretary of Interior and the Administrator of the Environment Protection Agency. The people who currently hold those positions are, respectively: Steven Chu, Ken Salazar and Lisa Jackson.

Immediately following the November election, the Washington rumor mill started, speculating that all three of them would not serve in a second Obama administration (see this MDN story). The latest thinking is that one of them is gone for sure, one is likely to stay, and one is on the fence. Which is which?…

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

Anti-Drilling Groups Demand Copy of DEC Health Study
December 19, 2012December 19, 2012

Just a few days in to a 30-day public comment period in New York State for revised fracking rules, a collection of the same old anti-drilling groups with the same old agenda (delay indefinitely in hopes of a ban) sent a letter to State Health Commissioner Nirav Shah and Environmental Conservation Commissioner Joseph Martens demanding an advance copy of the “health review study” being reviewed by three outside health experts.

The letter (full copy embedded below) says in part:

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Hydraulic Fracturing | Industrywide Issues | Maryland | Regulation | Statewide MD

Maryland Shale Commission Misses Second Deadline for Report
December 18, 2012December 18, 2012

The “Keystone Cops” Marcellus Shale Advisory Commission appointed by Maryland Gov. Martin O’Malley to study natural gas drilling and produce a set of best practices for hydraulic fracturing will miss their second deadline to produce a draft report. The first deadline was August 1, 2012 (see this MDN story). At that time, they said “we’ll get ‘er done by end of the year.” Oops. That won’t happen either. Now they’re saying they need extra time and will produce the report “sometime this spring.” Anyone up for a betting pool on when?

Here’s the latest (sad) news from Maryland:

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Industrywide Issues | Jobs | Ohio | Regulation | Statewide OH

Ohio Dems Accuse Gov. Kasich of Hypocrisy on “Foreign” Workers
December 14, 2012December 14, 2012

Ohio Democrat politicians, like Ohio Gov. John Kasich (a Republican) want to limit the number of “foreigners” working in the oil and gas fields of the state. Foreigners means hard-working, experienced oilfield workers from Louisiana, Texas and Oklahoma (traditional oil and gas states).

Ohio Dems think Kasich is not doing enough to keep them thar darned foreigners out:

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

Where to Submit Your Comments on NY’s Revised Fracking Regs
December 13, 2012December 13, 2012

The New York State Dept. of Environmental Conservation (DEC) is now accepting comments on proposed revised new rules (click here to view the revised new rules). They will accept comments through Jan. 11, 2013.

The DEC is accepting comments both online and through mail. Here’s how to submit your comments:

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