Regulation

Guest Post | Industrywide Issues | Litigation | Pennsylvania | Regulation | Statewide PA | Washington County

Guest Post: Peters Twp Responds to MDN on Act 13 Lawsuit
April 3, 2012April 3, 2012

Last week, MDN wrote an article about the just-filed lawsuit by a group of Pennsylvania townships seeking to strike down provisions in a new PA law referred to as Act 13 (see this MDN story). Act 13 preempts local zoning ordinances that prohibit or regulate oil and gas drilling and replaces those ordinances with a set of rules from the state. In essence, Act 13 substitutes the state’s “one size fits all” zoning ordinance for local zoning ordinances. MDN’s comment at the end of that article was that in examining some of the attachments to the filed lawsuit it seems to MDN that anti-drillers are the ones driving the lawsuit.

David Ball, a council member from Peters Township (Washington County), PA—one of the towns filing the lawsuit—emailed MDN to challenge our view and assessment that he and others filing the lawsuit are anti-drilling, and to further explain their reasons for the lawsuit. MDN asked permission to publish his comments and he accepted. This is not the very first, but perhaps the second or third guest post on MDN. We are happy (from time to time) to offer guest posts that disagree with our own views if that post is courteous, serious and advances the discussion. This one does and we thank Mr. Ball for taking the time to write.

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Energy Services | GASFRAC | Hydraulic Fracturing | Industrywide Issues | New York | Regulation | Statewide NY | Tioga County (NY)

Anti-Driller Campaign Against LPG Fracking Begins in NY
April 2, 2012April 2, 2012

It certainly didn’t taken long for anti-drillers to start talking down LPG (waterless) fracking. Just last week, a Tioga County, NY landowner group announced they will sign a lease with eCorp to allow drilling on 135,000 acres in New York using a proprietary technology by Canadian company GASFRAC (see this MDN story). The waterless technology uses liquefied petroleum gas (LPG), a gel-like substance that replaces water in fracking. Perhaps most importantly, by using LPG fracking, eCorp can move ahead with permitting and drilling now (in New York!), ahead of the release of new fracking regulations that have been stalled in a four-year review process.

MDN predicted that with almost all stated reasons to oppose water-based fracking now removed, anti-drillers would invent new reasons to oppose LPG fracking. MDN’s prediction has already come true. An article printed in the “news” section of the Albany Times Union, which clearly is an opinion piece, says this:

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Anadarko | Energy Companies | Hydraulic Fracturing | Industrywide Issues | Litigation | New York | Otsego County | Regulation | Statewide NY | Tompkins County

Dryden & Middlefield NY Drilling Bans Officially Appealed
March 30, 2012March 30, 2012

An update on the two New York lawsuits recently decided in lower courts that upheld local municipal bans on hydraulic fracturing and gas drilling:

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Industrywide Issues | Litigation | Pennsylvania | Regulation | Statewide PA

Lawsuit Filed: PA Towns Sue State over Marcellus Act 13 Law
March 30, 2012March 30, 2012

A threatened lawsuit to overturn Pennsylvania’s newly passed Act 13 law that preempts local zoning ordinances passed to prevent shale gas drilling has finally materialized. The lawsuit was filed yesterday by seven PA municipalities and several other people (a copy of the lawsuit is embedded below). Act 13, signed into law in February by Gov. Tom Corbett, contains a provision that disallows local PA municipalities from passing zoning laws that are specifically aimed at preventing shale gas drilling. The loss of zoning power has some municipalities hopping mad.

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Energy Services | GASFRAC | Hydraulic Fracturing | Industrywide Issues | Landowner Coalition News | New York | Regulation | Tioga County (NY)

Alternative Fracking Method May Soon Debut – in New York!
March 29, 2012March 29, 2012

The anti-drilling crowd is about to be tested as to their true reasons for opposing shale gas drilling, and it will happen in leftist paradise—New York State.

What if you removed 99 percent of the stated objections to fracking? Took away the millions of gallons of water needed to frack a single well? Took away almost all of the chemicals used? Took away fracking wastewater that either needs to be recycled or treated or injected into a deep well? Took away almost all of the heavy truck traffic and noise and other industrialization concerns? In short—what if you took away almost every reason to oppose gas drilling?

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Beaver County | Energy Companies | Industrywide Issues | Pennsylvania | Processing Plants | Regulation | Shell

Shell’s ‘Silent’ Partner in Building Cracker Plant: The EPA
March 27, 2012March 27, 2012

Shell will decide whether or not to build an ethane cracker plant in Beaver County, PA over the next two years (see this MDN story). If they decide to build, which seems likely, it will take between four and 10 years and $3 billion to build it. It’s a massive project. And Shell will have the federal Environmental Protection Agency looking over their shoulder the whole time, according to an EPA rep from Texas:

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Industrywide Issues | Pipelines | Regulation

GAO Setup for Federal Regulation of Gathering Pipelines?
March 23, 2012March 23, 2012

The U.S. Government Accountability Office (GAO) issued a report yesterday on the status of natural gas gathering pipelines (a copy of the full 41-page report is embedded below). We should note that the GAO issues a half dozen or more reports per day—i.e., they are a report-generating “mill” for the federal government, usually Congress—your tax dollars at work.

[Begin rant] Two Democrat Senators, Jay Rockefeller from WV and Frank Lautenberg from NJ, requested a report from the GAO on the safety or lack thereof for the estimated 240,000 miles of natural gas gathering pipelines now in use or under construction throughout the country. Sure seems like Congress is nosing around yet another federal takeover of what is properly a state’s Constitutional responsibility, and this report is designed to provide justification to do just that.

The report’s operating assumption is that all pipelines should be federally regulated—even small gathering lines. If a pipeline is not federally regulated, it’s an aberration, not normal, something is wrong—“Danger Will Robinson!” The further arrogant assumption is if pipelines are not regulated in the manner “we” say, they are not safe. Welcome to the nanny state where the federal government uses fear to manipulate public opinion: “Your pipelines will blow up or crack and leak nasty things if we don’t slap strict regulations on them right now.” Question: When was the last time you heard about a pipeline—any pipeline—exploding, breaking or leaking? [End rant]

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

PA DEP Hosting Webinars on Act 13 Zoning Law
March 23, 2012March 23, 2012

Want to know more about the recently passed Act 13 law in Pennsylvania? That’s the new law essentially removing the right of local municipalities to regulate or otherwise ban drilling within their borders. Some townships are up in arms and threatening a lawsuit. The state Department of Environmental Protection wants to educate local officials and the public and is conducting four one-hour webinars to do it.

From the DEP press release:

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Air Quality | Hydraulic Fracturing | Industrywide Issues | Regulation

API Study: New EPA Emissions Rules Will Cut Drilling 52%
March 16, 2012March 16, 2012

If proposed new EPA air emissions regulations go into effect later this year as proposed, the number of wells drilled using hydraulic fracturing will drop by half, according to a study commissioned and just released by the American Petroleum Institute (a copy of the study is embedded below). The Obama administration has given lip service support for shale gas drilling, most notably in Obama’s recent State of the Union speech—but the administration’s actions don’t match their words.

According to the study, the new EPA regulations would result in an 11 percent drop in gas production, and a 37 percent drop in domestic oil production. The federal government will also receive $8.5 billion less in royalty payments from reduced drilling.

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

Anti-Drillers Try to Stop SRBC Meeting in Harrisburg
March 16, 2012March 16, 2012

Yet another case of anti-drillers behaving badly. At yesterday’s meeting of commissioners of the Susquehanna River Basin Commission (SRBC) in Harrisburg, PA, demonstrators tried to stop the commissioners from doing their work during an open meeting. The commissioners were voting on water withdrawal requests for Marcellus drillers, among other items on the agenda. And protestors once again tried to stop an SRBC open and public meeting.

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

Home Rule Didn’t Work in PA, So Why Would it in NY?
March 13, 2012March 13, 2012

The headline of this post is the point of a press release issued earlier this week by the Dryden Safe Energy Coalition (DSEC), a group based near Ithaca, NY that seeks to remove the hype and emotion from the debate over hydraulic fracturing and shale gas drilling and instead provide science and facts. The DSEC issued a press release (below) which makes the point that Pennsylvania has had a lot more experience with shale gas drilling than New York and has found that a “patchwork quilt of local regulations” on the municipal level did not work, so PA replaced home rule with statewide regulations.

The DSEC says: “If local home rule does not work in Pennsylvania, it is clear it will not be workable in New York.” (Listen up, NY Republican State Senator James Seward.)

From the DSEC press release:

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Industrywide Issues | Ohio | Processing Plants | Regulation | Statewide OH

OH Gov. Kasich Signs Exec Order on Shale Processing Plants
March 13, 2012March 13, 2012

Ohio Gov. John Kasich signed an executive order on Monday giving the Ohio Department of Commerce’s Division of Industrial Compliance the sole authority to oversee construction of shale gas processing plants in the state.

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

Delaware County Asks NY State for $81.3B in Reparations
March 12, 2012March 12, 2012

Paying $9 billion to build a new water filtration plant for New York City may look like a bargain compared to paying New York landowners the value of their mineral rights from shale gas drilling. That’s the point being made by the Delaware County Board of Supervisors with a recent resolution they passed in a 12-4 vote at their February meeting.

Delaware County Resolution No. 40 (copy embedded below) demands that New York State and New York City pay Delaware County landowners $81.3 billion in reparations over 60 years because the proposed new regulations drafted by the Department of Environmental Conservation (DEC) will effectively prohibit 80 percent of land in Delaware County from being drilled due to enormous setback provisions from the New York City watershed.

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Cayuga County | Hydraulic Fracturing | Industrywide Issues | New York | Public Opinion | Regulation | Wastewater

Auburn, NY Rescinds Ban on Gas Drilling Wastewater
March 9, 2012March 9, 2012

Wiser heads have prevailed in the upstate New York Finger Lakes community of Auburn—the Auburn city council has voted to once again allow the municipal sewage treatment plant to accept gas drilling wastewater.

As you may recall, MDN told you about protesters who descended on the tiny city of Auburn last year to protest not Marcellus wastewater being treated at the sewage plant, but local conventional gas drilling wastewater—something that had been going on for 15 years with no adverse effects (see this MDN story). In the rush to condemn fracking and prevent horizontal drilling in the state, ignorant protesters have fallen into the trap of protesting all gas drilling in the state—drilling that has gone on for decades.

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

NY Republican Senator Introduces Fracking Wastewater Bill
March 9, 2012March 9, 2012

On the issue of hydraulic fracturing and shale gas drilling, the New York Republican party keeps shooting itself in the head. The latest example is a ridiculous bill just introduced into the state legislature by Long Island Republican Senator Jack Martins, 7th Senate District:

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Industrywide Issues | Ohio | Regulation | Statewide OH | Wastewater

OH Bill Tightens Regulation of Wastewater Injection Wells
March 9, 2012March 9, 2012

Ohio State Rep. Jay Goyal introduced legislation yesterday to tighten regulation of injection wells used for disposing Marcellus and Utica Shale wastewater. Key provisions of the bill include:

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