Regulation

Hydraulic Fracturing | Industrywide Issues | Lackawanna County | Pennsylvania | Regulation | Statewide PA | Taxation

NE PA Town Welcomes PUC Review of Shale Zoning Ordinances
October 12, 2012October 12, 2012

The Pennsylvania Public Utility Commission (PUC) continues its activity of reviewing local town ordinances for compliance with the new Act 13 Marcellus Shale drilling law. If a town’s ordinances are found to be in violation of the law, they either will have to change their zoning ordinances or risk not receiving their cut of the Marcellus Shale impact fee (i.e. tax) being collected by the state. Checks are due out in December.

Some townships, like South Fayette, are thin-skinned and have a persecution complex over a PUC review (see this MDN story). Other towns, however, take it in stride and when told their laws need fixing, they fix them—like Roaring Brook Township in Lackawanna County, PA.

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Hydraulic Fracturing | Industrywide Issues | Litigation | New York | Regulation | Sullivan County

Town of Highland, NY Gets Sued Over Gas Drilling Ban
October 11, 2012October 11, 2012

MDN is not used to breaking the news, but that’s what we’ll do today. The Town of Highland, located in Sullivan County, NY, is about to be sued by the Highland Field & Stream Club over the town’s vote to ban gas drilling.

MDN received the following email notification from the attorney for the Highland Field & Stream Club:

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

Horseheads, NY Board in No Hurry to Ban Fracking
October 11, 2012October 11, 2012

Board members for the Town of Horseheads, NY (Chemung County) are in no hurry to pass a fracking ban or moratorium. They’re waiting to see what the town zoning board says after they’ve studied proposed new drilling rules from the state Dept. of Environmental Conservation. The town board is also waiting to see whether or not the DEC even bothers to release new rules to allow fracking. Until then? No hurry, man.

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Hydraulic Fracturing | Industrywide Issues | Regulation | Research

GAO Issues 2 Reports on Fracking, Favors EPA Oversight
October 10, 2012October 10, 2012

Two new reports just released by the Government Accountability Office (GAO) seek to give political cover to the federal Environmental Protection Agency (EPA) to continue it’s expansion of authority over oil and gas drilling in the U.S. (Full copies of both reports are embedded below.)

The two reports say, in essence, that the EPA is having a tough time with inspection and enforcement activities because a) shale gas drilling has expanded so rapidly, and b) states provide information in different forms according to their own schedules. Well duh. The EPA is not charged with regulating oil and gas drilling! Butt out.

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

NY Daily News Says it’s Time to Frack
October 10, 2012October 10, 2012

The parade of mainstream media outlets offering NY Gov. Andrew Cuomo “permission” to make a pro-fracking decision continues. On Monday we told you about an editorial by the Washington Post and an article by the AP. Today? The New York Daily News. An editorial by the Daily News (presumably written by Mort Zuckerman) says this, in part:

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Energy Companies | Hydraulic Fracturing | Industrywide Issues | Questerre Energy | Regulation | Utica Shale

Questerre Energy Hopeful Quebec will Lift Fracking Moratorium
October 10, 2012October 10, 2012

An ongoing story of interest to MDN is the fracking moratorium in Quebec, Canada. It’s interesting to MDN because part of the Utica Shale underlies Quebec province. As we’ve previously reported, Quebec has a moratorium in place similar to New York State. It seemed for a time like the moratorium would become more or less permanent after statements by representatives of the newly elected government in Quebec, a fact bemoaned by Canadian driller Questerre Energy (see this MDN story).

Questerre issued another press release today on a more encouraging note, pointing out the Premier of Quebec, Pauline Marois, says she will make the final decision about lifting the moratorium and that she’ll use the results of the study under way to make her decision. Questerre takes her comments as a positive sign that science, and not politics, will determine a favorable (pro-fracking) outcome.

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

Broome County Republicans to Cuomo: Drill Now or Move On
October 9, 2012October 9, 2012

An article published last weekend by Gannett tackles the tricky middle ground NY Gov. Andrew Cuomo is trying to navigate when it comes to fracking. MDN has gone on record with our disappointment in Cuomo and Dept. of Environmental Conservation Commissioner Joe Martens. The Joint Landowners Coalition of New York (JLCNY) is on record expressing their disappointment too (see this MDN story).

The Gannett article doesn’t add much in the way of news to the fracking-in-New-York issue, but it is noteworthy for one reason: Two prominent Upstate New York Republican politicians, both from Broome County, are quoted essentially telling Cuomo to make a decision and be done with it. To wit:

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

York, NY Votes Down Fracking Moratorium
October 9, 2012October 9, 2012

Town council members for York, NY (Livingston County) recently voted against a proposed fracking moratorium for the town. Unlike their unwise neighbors in Avon, NY (see this MDN story), York town board members took the time to carefully review the situation and instead of making a hasty political statement, they voted to remain neutral, saving the town a lot of money in legal fees to defend an illegal moratorium (the City of Binghamton’s moratorium was recently overturned).

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

Washington Post to Cuomo: Go Ahead and Frack
October 8, 2012October 8, 2012

More evidence that Gov. Andrew Cuomo is receiving media “cover” to give him room to make a decision to move forward with fracking in New York. This time it comes from none other than the editorial board of the Washington Post.

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

AP Signals Andy: It’s OK to Frack, We Understand
October 8, 2012October 8, 2012

Is the AP attempting to give NY Gov. Andrew Cuomo media cover so he can make a pro-fracking decision? Perhaps. Cuomo and the left know that if Cuomo does not approve fracking—quickly—his political future nationally is toast. There is no way he gets elected president—ever—if he doesn’t approve fracking. His supporters know it. They don’t like it, but they know it.

It’s interesting to MDN that we’re now starting to see stories like the following that tacitly give Cuomo their blessing if he ends up “making the tough choice to move forward” with fracking:

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Air Quality | Hydraulic Fracturing | Industrywide Issues | Regulation

EPA Steps Up Enforcement Actions Against NatGas Drillers
October 8, 2012October 8, 2012

MDN reported today on the settlement of an environmental damage case in Weztel County, WV by Chesapeake Energy (see this MDN story). The story mentions that the federal Environmental Protection Agency (EPA) got involved through the back door of the Clean Water Act. MDN has long maintained that the EPA is attempting to control more and more of natural gas drilling in the country (we believe they’re a rogue agency on this issue).

The U.S. Constitution makes it clear that regulating oil and gas drilling is not a federal function but a state function. Using the Clean Water Act, the Clean Air Act and other federal legislation, the camel’s nose of the EPA is not just under the flap of the tent, most of the camel is now inside the tent. Why do we say that?

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

NY Pro-Drillers Plan Massive Protest in Albany, NY Oct 15
October 5, 2012October 5, 2012

There’s a new kid on the block when it comes to pro-drilling organizations in New York State: Landowner Advocates of New York (or LANY for short). LANY is organizing what they hope will be the largest mass protest demonstration of pro-drillers ever in Albany, NY on Monday, Oct. 15. Although the Joint Landowners Coalition of New York (JLCNY) is not involved with organizing the LANY event, they are supporting it by sending their members to march and protest. (JLCNY represents 77,000 landowners throughout New York.)

Here’s the email MDN received from the JLCNY and LANY announcing the mass protest:

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Greene County (OH) | Hydraulic Fracturing | Industrywide Issues | Ohio | Regulation

Ohio Village Flouts State Law, Passes Drilling Ban
October 4, 2012October 4, 2012

The so-called home rule issue is cropping up in Ohio. Home rule is when a local municipality believes it has the right to govern or ban oil and gas drilling within its borders, using local zoning laws, even though in most states (like Ohio) the right and responsibility to govern oil and gas drilling is vested in the state and not in municipalities.

Ohio now has it’s first municipality (located in Greene County) to flout state law by passing a drilling ban. It passed 3-2—a single vote stripped away property rights of residents to allow drilling on or under their land. Here’s the details:

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Allegheny County | Hydraulic Fracturing | Industrywide Issues | Pennsylvania | Regulation

Pittsburgh City Council Floats New Law to Allow Fracking
October 4, 2012October 4, 2012

It seems since former Pittsburgh City Council President Doug Shields left that august body the other council members have had a change of heart on fracking. Shields was the ringleader who helped ram through a ban on fracking in the city in 2010. He also tried to get a ban permanently written into the city’s charter, an effort that failed (see this MDN story).

Realizing the ban passed in 2010 is likely illegal and will be overturned, council members are now considering new legislation to allow limited, strictly zoned fracking inside city limits:

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

Maryland’s Continuing Fracking Dysfunction
October 4, 2012October 4, 2012

The only state more dysfunctional about allowing hydraulic fracturing than New York is Maryland. A so-called forum at Frederick Community College (Frederick, MD) sponsored by the Chesapeake Climate Action Network last night illustrates why:

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

NY Pro-Drilling Groups Launch Media Campaign “Honest Debate”
October 4, 2012October 4, 2012

Saying it’s been long enough and asking for “an honest debate,” the Independent Oil and Gas Association (IOGA) of New York, Joint Landowners Coalition of New York and other pro-drilling groups launched a new media campaign this week to get the message out to the public in general, and Gov. Andrew Cuomo in particular, that it’s time to begin drilling in New York State.

Two new radio spots are running (listen below), along with a newspaper ad (embedded below). Here’s the press announcement accompanying the launch of the new campaign:

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