Regulation

Energy Services | Industrywide Issues | Pipelines | Regulation | Transco

FERC Approves Transco Northeast Supply Link Pipeline in NJ
November 6, 2012November 6, 2012

Good news: The Federal Energy Regulatory Commission (FERC) approved Transco’s Northeast Supply Link project Friday afternoon. The Sierra Club and other anti-drillers opposed the northern New Jersey pipeline expansion project that will bring more Marcellus Shale gas to the metro NYC market—but cooler FERC heads have prevailed.

Here’s how the news was reported by an anti-drilling local New Jersey newspaper:

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

PA DEP Adopts New Rules for Timely Review of Drilling Permits
November 5, 2012November 5, 2012

In July of this year, PA Gov. Tom Corbett issued an executive order to the Dept. of Environmental Protection to streamline and cut down on the red tape involved in reviewing permits of various kinds, including permits for Marcellus Shale drilling. The AP and other lefty news organizations promptly jumped on the directive and attempted to smear Corbett by saying he’s trying to remove safeguards and as a result will put public health at risk (see this MDN story).

About a month later, the DEP issued a draft for a new permit review process (see this MDN story). Don’t tell the AP, but the DEP just officially published those draft rules and they are now the law in Pennsylvania. And not even a whisper from the mighty AP about it. Must be the shiny new object isn’t so shiny anymore—not even worth a mention by the AP. Do you now see why the mainstream media’s reporting is often referred to as “drive-by” reporting?

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

MD Del. Heather Mizeur Continues to Spin Fracking Whoopers
November 2, 2012November 3, 2012

Maryland State Delegate Heather Mizeur (D-Montgomery County, a Washington, D.C. suburb) continues to spread lies in her state about the miracle of hydraulic fracturing in an attempt to whip up support to ban fracking. Here’s the latest whopper from Ms. Mizeur:

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Industrywide Issues | Litigation | Pennsylvania | Regulation | Statewide PA

PA Judge to PUC: Cease & Desist Act 13 Zoning Reviews
October 29, 2012October 29, 2012

On Friday, Pennsylvania Commonwealth Court Judge Keith Quigley issued a “cease and desist” order to the Pennsylvania Public Utility Commission (PUC) telling them they can no longer review PA towns’ zoning ordinances for compliance with the new Act 13 drilling law (a copy of his order is embedded below). MDN has chronicled the ongoing fight between seven PA towns and the state over the state’s new standardized “one size fits all” zoning ordinance for oil and gas drilling (see this MDN story for background).

The lawsuit brought by the seven towns is now before the state Supreme Court waiting for a decision. In advance of that, the PUC said there are some zoning provisions not challenged in the lawsuit and they are evaluating those kinds of cases. The PUC has ruled that some of the seven towns in the lawsuit are not in compliance and the PUC is withholding their impact fee checks pending a decision from the Supreme Court—it’s a lot of money. Judge Quigley has said “no more” and now the attorney for those towns is demanding the PUC cut the checks for the impact fees owed to the towns.

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Hydraulic Fracturing | Industrywide Issues | Litigation | Pennsylvania | Regulation | Washington County

Cecil, PA Public Hearing to Revise Zoning for Act 13
October 29, 2012October 29, 2012

Even though the Town of Cecil (Washington County, PA) is one of the seven towns suing the state of PA over the zoning provisions of Act 13, the town is going to consider changing their zoning law to be compliant with Act 13 all the same. The situation is now murky and “fluid”…

On Friday, Cecil’s town manager said this:

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Energy Companies | Industrywide Issues | Pennsylvania | Range Resources Corp | Regulation | Taxation | Washington County

PA Rep. Jesse White Contacts MDN to Set Record Straight
October 26, 2012October 26, 2012

Yesterday MDN brought you the story of Cecil Township in Washington County, PA and how Range Resources indicated, according to the town, that they could influence the town resident who has brought a complaint against the town which is keeping the town from receiving $246,000 in impact fee revenue to drop his complaint in return for a private meeting between the town and Range (see this MDN story).

MDN quoted PA State Rep. Jesse White as part of that story. Rep. White said such an overture by Range is “extortion, plain and simple.” As part of that story, MDN referred to Rep. White as anti-drilling. He contacted us to set the record straight on that score. We always like to be accurate! So we’re happy to convey what Rep. White said.

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Energy Companies | Hydraulic Fracturing | Industrywide Issues | Pennsylvania | Range Resources Corp | Regulation | Washington County

PA State Rep. White Accuses Range Resources of Extortion
October 25, 2012October 25, 2012

Pennsylvania State Rep. Jesse White (D) from Cecil, PA (Washington County) is a well-known and devoted anti-driller. He’s accusing Range Resources of attempted extortion of the Town of Cecil. Here’s the background:

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

Maryland Senators Support Lease Tax to Fund Fracking Study
October 25, 2012October 25, 2012

Two “prominent” Maryland State Senators, both from Montgomery County in the Washington, D.C. suburbs (and both Democrats), are supporting legislation that would create a long-term moratorium on shale gas drilling in the state:

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Energy Companies | Hydraulic Fracturing | Industrywide Issues | New York | Norse Energy | Regulation | Statewide NY

Will Drillers Bother to Show Up if NY Allows Fracking?
October 24, 2012October 24, 2012

A new article by Platts asks the question MDN is often asked: “If shale drilling is allowed in New York State, will any drillers bother to show up and drill?” The Platts article quotes a number of experts who say, in a word, “no.” MDN has heard the same “no” sentiment from other experts as well. We’ve grappled with this issue in the past (see this MDN story from March 9, 2011).

These days, MDN has a contrary-to-popular-opinion position on the question of whether drillers will want to drill in New York soon after it’s allowed. But first, the viewpoints of those who say no:

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Economic Impact | Hydraulic Fracturing | Industrywide Issues | Regulation

President Obama’s Abysmal Energy Record
October 24, 2012October 24, 2012

Startling news today that the U.S. is set to eclipse Saudi Arabia as the leading producer of oil (yes, oil) in the world by the end of next year (see this MDN story). This year, the U.S. will be the most energy independent we have been since 1990. We’re now on track to produce 4/5 of the energy we consume. Why? The miracle of hydraulic fracturing.

President Obama and his administration try to claim credit for this energy renaissance and make noise about an “all of the above” energy strategy. But a close examination of the record shows Obama’s energy policies have actually worked against our energy independence. Without his policies of restricting drilling on federal lands and offshore, we might actually be energy independent right now.

The numbers don’t lie:

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Air Quality | Hydraulic Fracturing | Industrywide Issues | Regulation

OSHA Puts Brakes on New Silica Handling Rules for Fracking
October 24, 2012October 24, 2012

In June 2012, OSHA (Occupational Safety and Health Administration) and NIOSH (National Institute of Occupational Safety and Health) issued a joint hazard alert for workers who use silica (sand) used in fracking (see this MDN story). OSHA has been working for several years on a revision of its silica dust regulations—long before a new report was issued by NIOSH on silica used in fracking. The NIOSH report, released in May 2012, caused OSHA and NIOSH to issue the joint hazard alert in June.

The hazard alert, while using strong language to encourage stricter rules for handling silica, apparently does not carry the full weight of being a regulation—i.e., it’s not enforceable. The enforceable regulation comes from OSHA and release of a revised regulation on silica handling for fracking and other uses is now on pause. How come?

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

More Comments from Martens about NY Fracking Health Review
October 23, 2012October 23, 2012

Here’s a bit more about what New York Dept. of Environmental Conservation (DEC) Commissioner Joe Martens said last Friday about the current health review, some comments he made we did not previously see reported:

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

NY DEC Com. Martens Gives Update on SGEIS Health Review
October 22, 2012October 22, 2012

We now know a bit more about where things stand with the “health review” taking place of New York’s proposed new drilling regulations (called the SGEIS). When Dept. of Environmental Conservation (DEC) Commissioner Joe Martens announced he was asking NYS Health Commissioner Nirav Shah to conduct a review of the SGEIS’ handling of potential health impacts of fracking on residents, he said that Shah would assemble a panel of “outside experts” to advise him.

It appears the outside experts have been identified but haven’t agreed (yet) to the money being offered by the DEC and Health Department to do the work. Meanwhile, the clock is ticking on a Nov. 29 deadline. Martens says it’s still possible to make that deadline. Here’s what he said on Friday to reporters:

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Accidents | Atlas Energy | Energy Companies | Industrywide Issues | Pennsylvania | Regulation | Statewide PA

Atlas Fined Twice for Same Incident – EPA Sticks Nose in PA
October 19, 2012October 19, 2012

The federal Environmental Protection Agency (EPA) continues to interfere in oil and gas drilling—an activity specifically regulated by states and not the federal government. Yesterday the EPA slapped Atlas Resource Partners, L.P. (owned by Atlas Energy, L.P.) with an $84,500 fine over a fire at a Marcellus drilling site in 2010—after the Pennsylvania Dept. of Environmental Protection (DEP) had already investigated and fined Atlas $80,000 for the same incident last year.

This is the first time both a state agency and the EPA have fined a Marcellus driller for the same incident.

Read More “Atlas Fined Twice for Same Incident – EPA Sticks Nose in PA”
Accidents | Hydraulic Fracturing | Industrywide Issues | Regulation | Research

API Says EPA Botched Pavillion, WY Fracking Tests
October 19, 2012October 19, 2012

The American Petroleum Institute (API) issued a press release yesterday taking the federal Environmental Protection Agency (EPA) to task over their sloppy work in Pavillion, Wyoming.

You may recall the EPA is on a quest to try and prove fracking has contaminated water supplies in the Pavillion area with fracking chemicals. Never mind that the drilling and fracking done in Pavillion is shallow at around 1,200 feet down (not the one mile or more that’s common in shale plays). Never mind that the water table in Pavillion is deep at 800 feet (not the 300 feet as is typical in the northeast). Never mind that drilling and fracking was done in porous sandstone in Pavillion (not tightly-packed shale deposits). And never mind the EPA drilled just two test wells, one of which didn’t produce enough water for a valid sample. (See this MDN story for more background on Pavillion.)

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Allegheny County | Hydraulic Fracturing | Industrywide Issues | Litigation | Pennsylvania | Regulation | Statewide PA

South Fayette, PA Thumbs Nose at PUC over Zoning Review
October 19, 2012October 19, 2012

Although parts of the zoning provisions in Pennsylvania’s new Act 13 Marcellus drilling law have been challenged in court and oral arguments were heard in PA Supreme Court earlier this week, there are other parts of the Act 13 law—zoning parts—that were not overturned and are not up for discussion. According to the PA Public Utility Commission (PUC), the agency charged with interpreting whether or not a town is in violation of those remaining sections, the town of South Fayette in Allegheny County is in violation and unless they revise their zoning laws, they won’t get impact fee revenue this year.

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