Regulation

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Important Developments in NY Fracking Ban Court Cases
October 18, 2012October 18, 2012

There’s been an important development in two cases on appeal in New York State courts that challenge municipal bans of fracking. The two cases challenge municipal fracking bans in the Town of Dryden, NY (see this MDN story for background) and the Town of Middlefield, NY (see this MDN story for background).

According to lead attorney Tom West, all the necessary paperwork for both cases has been filed (called “perfecting” the case). West believes both cases will make it onto the Appellate Division of the Supreme Court docket for an early February hearing of oral arguments. The Appellate Division typically issues an opinion 6-8 weeks following oral arguments, so we should have a decision by late spring. In addition and of keen interest, the plaintiff in one of the cases has changed.

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

PA Supreme Court Hears Testimony on Act 13 Zoning
October 18, 2012October 18, 2012

Yesterday MDN told you about what we consider the most important oil and gas drilling case to go before the Pennsylvania Supreme Court in many years (see this MDN story). The PA Supremes heard arguments (yesterday) in what MDN considers the second most important O&G case to be heard in years—whether or not the zoning provisions in the Act 13 law are constitutional. Were there any indications from the questioning which way the judges might rule?

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Hydraulic Fracturing | Industrywide Issues | Mahoning County | Ohio | Regulation

Youngstown, OH Votes to Allow Fracking Inside City Limits
October 18, 2012October 18, 2012

Last night Youngstown, OH City Council voted to allow natural gas and oil drilling inside city limits. Here’s how it went down:

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Hydraulic Fracturing | Industrywide Issues | Mahoning County | Ohio | Regulation

Youngstown, OH: If You Lease It, Will They Drill?
October 17, 2012October 17, 2012

Our headline is a tongue-in-cheek play on the iconic Field of Dreams statement, “If you build it, they will come.” But this isn’t fiction. It’s a very serious question being asked by residents and political leaders in Youngstown, Ohio: If Youngstown decides to pass an ordinance allowing drilling on and under property within city limits, will any drillers bother to drill there? Answer: No one knows.

Last night Youngstown held a public hearing to allow residents the opportunity to express their support or opposition to a proposed ordinance which may soon be passed to allow leasing and drilling inside the city. Here’s what happened:

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Albany County | Hydraulic Fracturing | Industrywide Issues | New York | Public Opinion | Regulation | Statewide NY

1,000 Pro-Drillers Rally in Albany with a Message of ‘Jobs’
October 16, 2012October 16, 2012

$math challenged$ Are AP reporters math-challenged, or do they intentionally lie about the events they cover? Yesterday a rally was held in Albany, NY to support shale gas drilling in the state. According to a reporter from Middletown who covered the event, there were “about 1,000” people in the crowd. But the AP (and almost all stories found in the media today about the event use the AP’s coverage) said there were “several hundred” in attendance. If you look closely, you’ll see the AP story was posted at 3:02 am yesterday, before the event took place!

Enough of the rant against mainstream media bias which we all know exists. Yesterday a group of 1,000 or more gathered at the Corning Preserve on the Hudson River in Albany for a rally. The group then marched to the Capitol with signs, chanting as they went. Here’s reporting from someone who was actually there:

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

PA DEP Changes Notification Policy on Methane Contamination
October 16, 2012October 16, 2012

The Pennsylvania Dept. of Environmental Protection (DEP) made a policy change in September that’s just now coming to light—and creating a bit of controversy. In the case of suspected methane contamination of water wells near drilling sites, it was standard policy to let the local field office make a determination as to whether or not water test results show possible methane contamination, and whether or not a letter should go out to landowners in the affected area.

The new policy is that someone in Harrisburg at DEP HQ will make the judgment call on sending letters to landowners.

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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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