Regulation

Hydraulic Fracturing | Industrywide Issues | Regulation | Trucking

U.S. DOT Trucking Rule Clarification Targets Shale Drilling
August 10, 2012August 10, 2012

Back in June, MDN wrote about a new “rule clarification” by the U.S. Dept. of Transportation that disallows truckers from subtracting down time as they wait for trucks to be loaded/unloaded when it comes to hauling water and sand for fracking oil and gas wells (see this MDN story).

The rule clarification has been controversial (and costly). More than 60 Congressmen sent a letter to Transportation Sec. LaHood last week requesting the rule clarification be reversed because it targets a particular industry: shale drilling. Some say the DOT is giving the EPA and DOE an assist since those federal agencies are having a hard slowing down natural gas development in favor of so-called alternative energy development. The rule change helps put the brakes on (pun intended).

Read More “U.S. DOT Trucking Rule Clarification Targets Shale Drilling”
Hydraulic Fracturing | Industrywide Issues | New York | Regulation | Statewide NY

More Details on Gov. Cuomo’s Plan to Start Fracking
August 9, 2012August 9, 2012

We have a lot more insight into what Gov. Cuomo is planning thanks to Tom Wilbur, former environmental reporter for Gannett News and the Binghamton Press & Sun-Bulletin. Tom is a confirmed anti-driller. He won’t tell you that, but we will. We’ve read his writing for years, and it’s evident that he’s opposed to shale gas drilling.

However, he has his sources in Albany, and they’ve come through for him big-time. Tom writes about many of the details Gov. Cuomo and the Dept. of Environmental Conservation (DEC) are revealing to anti-drilling environmental groups ahead of the public release of new drilling rules for New York (called the SGEIS). He chronicles the details on his blog.

Read More “More Details on Gov. Cuomo’s Plan to Start Fracking”
Hydraulic Fracturing | Industrywide Issues | New York | Regulation | Steuben County

Caton, NY Decides to Stay Neutral in the Fracking Debate
August 9, 2012August 9, 2012

The town board for the Town of Caton (Steuben County, NY) decided last night to not cast a vote either way in the fracking debate. They won’t vote on a resolution in favor of drilling, nor will they vote for a ban, according to Town Supervisor Kate Hughes. Instead, they’ll remain neutral on the issue.

Read More “Caton, NY Decides to Stay Neutral in the Fracking Debate”
Hydraulic Fracturing | Industrywide Issues | New York | Regulation | Statewide NY

NY to Release New Fracking Regulations by Labor Day
August 8, 2012August 8, 2012

A major announcement is on the way in New York State about fracking and and the now four year-old moratorium on horizontal drilling: The fracking ban is about to end. According to a commentary published in the Albany Times Union last Saturday, top officials from the Cuomo administration are briefing “selected environmental groups” about his plan to allow fracking in New York State—a plan which he’ll release before Labor Day.

Here’s what’s being reported:

Read More “NY to Release New Fracking Regulations by Labor Day”
Chenango County | Hydraulic Fracturing | Industrywide Issues | New York | Regulation

NY Town with Permits wants Food Grade Fluids in Fracking
August 7, 2012August 7, 2012

The Town of German, NY, located in Chenango County—one of the “Lucky Five” counties that may see limited fracking if Gov. Cuomo signs off on it—took a vote and sent a letter to both Gov. Cuomo and Dept. of Environmental Conservation (DEC) Commissioner Joe Martens asking them to require drillers to use “food grade fluids” when and if fracking begins. Why is that letter important for this tiny town with a population of 370? Because three permits to drill in the Utica Shale are pending for the Town of German, and the town board’s letter to the DEC may be interpreted as a “don’t drill here” indication.

Both Com. Martens and Gov. Cuomo have stated when and if drilling permits are issued, they’ll go only to “supportive” communities. Sure sounds like German is not being all that supportive with their letter.

Read More “NY Town with Permits wants Food Grade Fluids in Fracking”
Industrywide Issues | Pennsylvania | Regulation | Statewide PA

PA DEP Sec. Michael Krancer Takes the Gloves Off
August 6, 2012August 6, 2012

When you’re effective at your job and your enemies don’t like it, they call you mean. Case in point: Michael Krancer, Secretary of the Pennsylvania Dept. of Environmental Protection (DEP). He’s very effective in his job as the state’s top regulator of oil and gas drilling. And anti-drillers just hate him.

The Philadelphia Inquirer published a story yesterday outlining just how mean he is (no doubt a badge of honor for Mr. Krancer). The story starts this way:

Read More “PA DEP Sec. Michael Krancer Takes the Gloves Off”
Industrywide Issues | New York | Ohio | Pennsylvania | Regulation | Statewide NY | Statewide OH | Statewide PA | Statewide WV | West Virginia

OH River Valley Commission Names Pro-Drilling Chairman
August 3, 2012August 3, 2012

The Ohio River Valley Water Sanitation Commission (ORSANCO), established in 1948 to control and abate pollution in the Ohio River Basin, has elected a pro-drilling attorney as their new chairman. Kenneth Komoroski from Pittsburgh, PA assumed his new position on July 1, although the press release was not issued until August 1. Komorski was appointed to the Commission in 2003 by then President George W. Bush.

ORSANCO is an interstate commission representing eight states and the federal government. Member states include: Illinois, Indiana, Kentucky, New York, Ohio, Pennsylvania, Virginia, and West Virginia. While ORSANCO does not have the same broad powers as the Susquehanna River Basin Commission or Delaware River Basin Commission to issue permits and control shale gas drilling, some of their regulatory power does impact the drilling industry, especially on matters of drilling wastewater disposal.

Read More “OH River Valley Commission Names Pro-Drilling Chairman”
Broome County | Hydraulic Fracturing | Industrywide Issues | New York | Regulation | Statewide NY | Tompkins County

NY Anti-Drillers Target Cuomo Big Money Supporters
August 2, 2012August 2, 2012

Anti-drilling groups from the Southern Tier of New York State sent a letter to the top 1,000 big money contributors to Gov. Andrew Cuomo yesterday asking them to pressure Cuomo to ban fracking in the state. The letter was a joint effort of New York Residents Against Drilling (NYRAD), Walter Hang from Toxics Targeting, and the Mayor of Binghamton, Matt Ryan.

Read More “NY Anti-Drillers Target Cuomo Big Money Supporters”
Energy Companies | Hydraulic Fracturing | Industrywide Issues | Lenape Resources | Litigation | Livingston County | New York | Regulation

NY Driller Threatens DEC with Lawsuit over Town Bans
August 1, 2012August 1, 2012

In the misguided attempt to ban hydraulic fracturing in New York, one town took their ban vote too far. MDN reported about the bone-headed vote by the Town of Avon (Livingston County, NY) on June 28 to ban drilling activity in the town with a broadly worded zoning ordinance (see this MDN story).

A local driller with wells in Avon, Lenape Resources, warned Avon that the broad language they intended to use in their zoning ordinance would cause Lenape to shut down 16 existing conventional (vertical-only) gas wells they operate in the town along with a gas pipeline. Avon town board members didn’t listen and passed the new ordinance. Lenape president John Holko promptly shut down all of his wells in the town, ending free gas for some local residents, and low cost gas for the town itself. A really dumb move on the part of Avon.

There is a new development in this ongoing situation.

Read More “NY Driller Threatens DEC with Lawsuit over Town Bans”
Hydraulic Fracturing | Industrywide Issues | Regulation | Statewide WV | West Virginia

WV Working on Another New Shale Drilling Law
August 1, 2012August 1, 2012

West Virginia passed a new oil and gas drilling law in December of last year. The “Horizontal Well Act” was overwhelmingly passed by both houses of the WV legislature and signed into law by Gov. Earl Ray Tomblin. The law contained a number of new provisions—and as happens many times, nobody was especially happy with it (see this MDN story). However, the new law, according to some, has provided predictability and uniformity across the state for the drilling industry.

Don’t look now, but the legislature and state Dept. of Environmental Protection (DEP) is working on yet another new drilling law in advance of next year’s legislative session (sessions are held every two years in WV). At a meeting held last night about the proposed new law, anti-drilling environmentalist groups sounded off about proposed new rules and the changes they want, as well as a representative from the drilling industry.

Read More “WV Working on Another New Shale Drilling Law”
Hydraulic Fracturing | Industrywide Issues | New York | Regulation | Tioga County (NY)

Village of Owego, NY Votes to Ban Fracking for 1 Year
July 31, 2012July 31, 2012

Last night the Village of Owego (Tioga County, NY) became the second municipality in the Marcellus gas-rich Southern Tier area of New York state to vote for a temporary ban on fracking. The village board voted to ban fracking for one year to give the village a “time out to look at the documentation,” referring to the village’s master plan for not only drilling but flooding.

Towns, villages and cities across the state expect new drilling rules will soon be released by the Dept. of Environmental Conservation. In anticipation of that, many are voting to either ban fracking, or voting to support the DEC’s forthcoming rules. Owego is only the second municipality in the rumored five county area likely to receive permits for fracking when the time comes. Those counties (in what is referred to as the Southern Tier) are Broome, Chemung, Chenango, Tioga and Steuben.

The City of Binghamton—with a Democrat Mayor and an all-Democrat city council—rammed through a fracking ban last December, while they still had a stacked deck (before new incoming Republican council members were seated in January).

Read More “Village of Owego, NY Votes to Ban Fracking for 1 Year”
Industrywide Issues | Litigation | Pennsylvania | Regulation | Statewide PA

Officials Ask PA Supreme Court to Hurry Up with Act 13 Case
July 31, 2012July 31, 2012

A court filing by state officials yesterday—including the Commonwealth of Pennsylvania, the Pennsylvania Public Utility Commission, the Attorney General and the Dept. of Environmental Protection—asks the PA Supreme Court to expedite an appeal of the Act 13 zoning case. Last week the appellate court in PA ruled against the state’s new Act 13 law zoning provisions (see this MDN story). According to Gov. Tom Corbett, without the zoning portions of Act 13, the new law will be gutted.

Read More “Officials Ask PA Supreme Court to Hurry Up with Act 13 Case”
Hydraulic Fracturing | Industrywide Issues | Madison County | New York | Regulation

Guest Post: Anti-Drilling Bias at Lebanon, NY Town Board Meeting [Free]
July 31, 2012July 31, 2012

The following guest viewpoint was written by Bryant La Tourette, a Chenango County landowner, businessman and member of one of the largest landowner coalitions in the Marcellus and Utica Shale region. Bryant has attended 19 town board meetings throughout the shale region, most recently the Town of Lebanon, NY just last week (see this MDN story warning of the impending meeting).

Bryant provides an eyewitness account of what happened at the meeting, including an anti-drilling bias by the town supervisor running the meeting.

Read More “Guest Post: Anti-Drilling Bias at Lebanon, NY Town Board Meeting [Free]”
Hydraulic Fracturing | Industrywide Issues | New York | Regulation | Tompkins County

Warning: Caroline Residents to be Stripped of Property Rights
July 30, 2012July 30, 2012

The Town of Caroline in (where else?) Tompkins County, NY is getting ready to strip away the property rights of their citizens. All that stands in the way is a sham public hearing and a town board vote and poof—the property rights for thousands of residents—guaranteed by the U.S. Constitution—are gone. This is something that is happening (distressingly) with an increasing frequency in New York State.

Read More “Warning: Caroline Residents to be Stripped of Property Rights”
Industrywide Issues | Litigation | Pennsylvania | Regulation | Statewide PA

PA Gov. Corbett Appeals Act 13 Zoning Case to Supreme Court
July 30, 2012July 30, 2012

Last week the Pennsylvania Commonwealth Court, the “appellate” court in PA, ruled in favor of seven towns who had sued the state over the zoning portion of the newly enacted Act 13 drilling law (see this MDN story). At the time Gov. Tom Corbett said he would appeal the decision and he has made good on his word. The case now heads to the Pennsylvania Supreme Court.

Read More “PA Gov. Corbett Appeals Act 13 Zoning Case to Supreme Court”
Industrywide Issues | Litigation | Pennsylvania | Regulation | Statewide PA

PA Court Overturns Zoning Section of Act 13 Drilling Law
July 27, 2012July 27, 2012

The Pennsylvania Commonwealth Court (the appellate court in PA) yesterday issued ruling on the zoning portion of the newly enacted Act 13 drilling law—and they ruled it unconstitutional. A full copy of the court’s opinion and ruling is embedded below. This is round two in the court fight. Round three, an appeal to the PA Supreme Court, will almost certainly come from Gov. Tom Corbett (he has as much as promised it).

MDN will give our overview of what the court decided, and of the dissenting opinion. But one thing caught our eye right away. MDN has made the argument several times that the Delaware Riverkeeper Network has no standing to be part of the lawsuit against the state and against Act 13 (see this MDN story). The good news with yesterday’s decision is that the justices tossed the Delaware Riverkeeper Network from the lawsuit, saying (as MDN has all along) they have no standing to participate and bring the suit in the first place. It’s a small and symbolic victory for those of us who support drilling, but a victory nonetheless.

Read More “PA Court Overturns Zoning Section of Act 13 Drilling Law”