Regulation

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    JLCNY: Gov. Cuomo has Betrayed NY Residents

    boxing glovesThe Joint Landowners Coalition of New York (JLCNY) is a “coalition of coalitions” representing more than 77,000 landowners throughout New York State. Consider it the official, collective voice of landowners interested in allowing shale gas drilling on their land. For many months MDN has marveled at how restrained the JLCNY has been with regard to the foot-dragging on the part of Gov. Andrew Cuomo and DEC Commissioner Joe Martens when it comes to the release of new drilling rules. MDN would “shoot from the lip” and say “Sue ‘em!” The JLCNY would calmly say, “Let the process work. In the end, we’ll have the best drilling laws in the world, and no one will be able to say we didn’t take our time and do it right.” And of course they’re correct.

    Has the JLCNY finally had enough of the foot-dragging and delay tactics? Have they finally reached their patience limit and are the gloves are about to come off? Here’s a JLCNY press release received by MDN yesterday:

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    Town of Chenango, NY Residents Sound Off on Fracking

    Most townships in Broome County, NY have passed resolutions with language saying something to the effect of “Let’s let the state Dept. of Environmental Conservation do it’s job, we won’t pre-judge the outcome. We won’t enact a ban or moratorium ahead of the DEC.” And rightly or wrongly, both sides of the fracking debate take that to mean a show of support for drilling. The only municipality in Broome County to enact a moratorium (so far) is the City of Binghamton, which was done in an eleventh hour political stunt by Binghamton’s failed Mayor Matthew Ryan (see this MDN story). His folly is now costing city taxpayers big bucks to defend.

    The first town in Broome County to consider a moratorium or outright ban on fracking is the Town of Chenango. Last night the town board held a public hearing to elicit comments from residents. MDN was there for a portion of it.

    Read More “Town of Chenango, NY Residents Sound Off on Fracking”

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    Andrew Cuomo’s Fracking Confidant

    Everyone has noticed it: There’s been a change in New York Gov. Andrew Cuomo’s position on hydraulic fracturing. It had seemed, for over year, that he was charting a path down the middle. He would allow fracking, eventually. Earlier this year he floated the idea of allowing fracking in a limited fashion in a few locations as a test—to closely watch what happens and to alleviate concerns for those who oppose it. He wanted to prove to everyone that it can be done safely. It was a true “wisdom of Solomon” kind of proposal. What could make more sense?

    But politics never makes sense, and politics, not science and facts as the governor has long said, has reared its ugly head. And everyone has noticed it. The question is, what or who changed Andy’s mind? Perhaps we’ll never truly know, but a recent article in the New York Times may give us some insight. In a word, what may have turned Andy against fracking was a family confidant.

    Read More “Andrew Cuomo’s Fracking Confidant”

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    Preston County, WV Turns Down Sierra Club Request

    Preston County Commissioners (WV) politely said “no thanks” to supporting a  statewide moratorium on new Marcellus Shale gas permits being pushed by the Sierra Club. Chairman of the WV Sierra Club, Jim Sconyers, addressed commissioners at a meeting Monday night to make a request that they support the effort.

    Read More “Preston County, WV Turns Down Sierra Club Request”

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    NY DEC Dashes Hopes for New Drilling Rules by Nov 29

    Last Friday MDN reported the prediction that New York’s Dept. of Environmental Conservation (DEC) may well release new drilling rules by Nov. 29 due to an obscure provision in New York law that requires them to adopt said rules one year from the last public hearing (see this MDN story). On Sunday, a DEC spokesperson said the DEC “expects to miss” the Nov. 29 deadline, and in order to avoid restarting the rulemaking process from the beginning, the DEC will hold a public hearing between now and then which in effect restarts the one-year clock ticking all over again.

    As reported by the AP:

    Read More “NY DEC Dashes Hopes for New Drilling Rules by Nov 29”

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    Prediction: NY Will Release New Drilling Rules by Nov 29

    crystal ballFormer Gannett reporter and current book author Tom Wilbur (Shale Gas Review) is making a prediction: Gov. Cuomo and the state Dept. of Environmental Conservation (DEC) will either release new shale gas drilling rules by November 29, or file an extension and release them by March 1 of next year. Why? Because that’s exactly one year from the date the DEC held its final public hearing on proposed new fracking rules, and according to a “little-known” and obscure state law, they either have to adopt the rules (within one year) or apply for a 90-day extension.

    Tom’s anti-drilling buds are telling him they think the state will move forward this year, by November 29.

    Read More “Prediction: NY Will Release New Drilling Rules by Nov 29”

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    NY AG Schneiderman Threatens New DRBC Lawsuit over Fracking

    New York State Attorney General Eric Schneiderman tried to sue the Delaware River Basin Commission (DRBC) to force them to delay issuing drilling rules unless/until a comprehensive federal study of fracking was performed first. His frivolous lawsuit was tossed by a federal judge (see this MDN story).

    Having his work repudiated by a federal judge apparently won’t stop Schneiderman from filing yet another frivolous lawsuit when and if the DRBC votes to approve Marcellus shale drilling rules. He’s keeping the threat alive:

    Read More “NY AG Schneiderman Threatens New DRBC Lawsuit over Fracking”

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    Red Hook, NY Considers Discriminatory Fracking Ban

    Red Hook, NY (Dutchess County) is considering a ban on fracking. Leading the charge is town Conservation Advisory Council Chairwoman, Laurie Husted, who wants the town to strip away the Constitutional property rights of landowners (disenfranchise them) to ever allow natural gas drilling. She says let’s take away that right now, “when there isn’t pressure from the natural gas industry to explore on local farmland.”

    Husted spoke at a town board meeting Wednesday night:

    Read More “Red Hook, NY Considers Discriminatory Fracking Ban”

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    PA Towns Complain about PUC Act 13 Zoning Review

    The Pennsylvania townships that sued the state over the newly enacted Act 13 shale drilling law are feeling a little picked on at the moment. The lawsuit brought by seven townships earlier this year is about to go before the PA Supreme Court in a few weeks (see this MDN story). The case revolves around the right of local municipalities to pass and enforce their own zoning laws with respect to oil and gas drilling within their borders. The new Act 13 law provides a consistent set of zoning rules for all townships, replacing and superseding local laws. Some towns in western PA didn’t like it and sued.

    Under Act 13, the Public Utility Commission (PUC) is empowered to review and decide whether or not towns are living up to the provisions of Act 13. If they are in violation, the towns won’t receive money from the new impact fee collected under Act 13 (part of a $200 million pot for this year). The current bone of contention is that the PUC is moving forward with reviews of zoning law in select towns, including four of the seven towns that brought the lawsuit. And those towns don’t like it—not one little bit.

    Read More “PA Towns Complain about PUC Act 13 Zoning Review”

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    AP Takes Aim at NY State Oil & Gas Regulators

    MDN wonders: Do organizations like the anti-drilling Earthworks and the Associated Press share the same office space so they can coordinate their attacks on the natural gas industry? Yesterday MDN told you about the shameful new “study” issued by Earthworks attacking the hard and diligent work of state regulators in overseeing oil and gas drilling (see this MDN story).

    At the same time Earthworks was lobbing their bomb into the public discourse, a seemingly related media attack was launched by the AP aimed against New York’s oil and gas regulators at the Dept. of Environmental Conservation. The gist of the piece is that regulators are doing such a poor job of overseeing drilling now, how could they possibly handle new shale drilling should the governor (stupidly) allow it to begin. Here’s how the article starts:

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    Earthworks Releases Faux Study Bashing State Regulators

    heraldingIt’s fascinating to MDN how a single so-called researcher at a single anti-drilling organization (funded by Teresa Heinz Kerry) can write a 124-page “report” that’s critical of the shale drilling industry and the hard-working people who regulate it, and the mainstream media (MSM) swoons and heralds such shameful propaganda as an important new “study” presenting the gospel truth. Yet that’s exactly what’s happening (once again) with a just-released report from Earthworks titled, “Breaking All the Rules: The Crisis in Oil & Gas Regulatory Enforcement” (copy embedded below).

    This so-called study was written by a single Earthworks staffer, reviewed by a couple of other staffers, and “peer reviewed” (our words) by several others outside of Earthworks, all anti-drilling organizations. In other words: It’s propaganda beginning to end. The theme of the study can be summed up in a single sentence (saving you a lot of dreary reading): State regulators don’t visit well sites often enough and fines for violations aren’t punitive enough.

    In their press release announcing the study, Earthworks quotes the discredited former mayor of DISH, Texas, Calvin Tillman—that’s how deep they have to dig to support this drivel. Here’s the press release:

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    Drilling Inside Pittsburgh City Limits?

    Anti-drilling Pittsburgh Councilman Patrick Dowd, one of nine people on City Council that voted to enact a drilling ban in Pittsburgh in 2010, is introducing new legislation that he hopes will make drilling so difficult in the city, drillers won’t bother. But wait, didn’t you just say there’s a ban? Yep. Which means Councilman Dowd is seriously concerned that the ban will be ruled illegal once a case now before PA Supreme Court is ruled on later this year (the “Act 13” case, see this MDN story).

    In preparation for a ruling against the Pittsburgh ban, Dowd and City Council want to have Plan B ready to go—restrict any possible drilling to as few locations as possible (not that drillers would want to drill inside city limits anyway). Hence the new legislation from Dowd.

    Read More “Drilling Inside Pittsburgh City Limits?”

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    Federal Judge Throws Out NY AG’s Lawsuit Against DRBC

    case dismissedBig news for landowners living in the Delaware River Basin area, especially for those in Wayne County, PA who want to see drilling in the Marcellus go forward: A federal judge has thrown out the lawsuit by New York Attorney General Eric T. Schneiderman that sought to force the Delaware River Basin Commission (DRBC) to conduct a “fuller assessment” of the potential impacts of shale gas drilling on New York City’s water supply before allowing any shale gas drilling in the basin.

    Such an assessment would have meant years of additional studies and delays, especially harmful to landowners in Pennsylvania who happen to live in the DRBC’s jurisdiction and have seen no drilling for the past five years while their neighbors all around them have. This is a victory not only for landowners, but the DRBC itself, fighting the lawsuit.

    Read More “Federal Judge Throws Out NY AG’s Lawsuit Against DRBC”

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    NY Gov. Cuomo Responds to the ‘When’ Question

    Although the ongoing moratorium on shale gas drilling in New York State feels like it exited being a Greek tragedy and entered being a Klingon opera a long time ago, MDN feels duty-bound to deliver any small shred of news we come across that impacts the prospects of New York drilling. After all, we live in New York!

    Yesterday, Gov. Andrew Cuomo had a few comments for reporters about the “when” question:

    Read More “NY Gov. Cuomo Responds to the ‘When’ Question”

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    NRDC Launches Lawyers to Oppose Fracking in 5 States

    You have to say one thing about the increasingly shrill Natural Resources Defense Council (NRDC)—they don’t let an issue they can demagogue for money go to waste. For the NRDC, there’s money to be made in opposing fracking. Warning to the drilling industry: The NRDC is well-funded and is gunning for you. Their latest offensive? They’ve created something called the Community Fracking Defense Project whereby they’ll launch lawyers out into any township across New York, Pennsylvania, Ohio, Illinois and North Carolina to assist that town in opposing fracking. (Sorry West Virginia, you aren’t important enough for the NRDC to spend time and money on.)

    The fight over fracking is about to go very local, and get very nasty, with the NRDC pumping millions into the effort to make mischief.

    Read More “NRDC Launches Lawyers to Oppose Fracking in 5 States”

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    NY DEC Com. Martens: Fox in Henhouse, or Crazy Like a Fox?

    foxOn Friday, MDN told you about the latest development in the ongoing Greek tragedy called the New York State moratorium on fracking (see this MDN story). Our take was that Joe Martens’ latest announcement that he has asked NYS Health Commissioner Nirav Shah to conduct a “health impact analysis” of hydraulic fracturing before the DEC will release new drilling rules was a bad sign that fracking in New York will be seriously delayed yet again—well into 2013.

    However, landowner groups, led by the Joint Landowner Coalition of New York (the “JLCNY,” representing over 77,000 individual landowners) don’t see it the same way. They believe the path Martens chose in having Nirav Shah do a limited review and not a wide ranging so-called “independent” review—something being pushed by anti-drillers—means the review will not take long and will do a lot to address public concerns over the practice of fracking. The JLCNY supports Martens’ decision.

    Read More “NY DEC Com. Martens: Fox in Henhouse, or Crazy Like a Fox?”