Regulation

Industrywide Issues | Litigation | Pennsylvania | Regulation | Statewide PA

Yet Another PA Township “Supports” Act 13 Lawsuit
April 27, 2012April 27, 2012

Wednesday night, Scott Township, PA commissioners unanimously voted to pass a resolution showing symbolic (but no real) support for the PA townships that have sued the State of Pennsylvania over provisions in the new Act 13 Marcellus drilling law. The lawsuit takes exception to state rules replacing local zoning laws that control oil and gas drilling.

Scott is just the latest municipality, in addition to Pittsburgh, Tullytown, Wilkinson, Luzerne, Buffalo, Hanover and other municipalities who have also expressed support, but refuse to actually join the lawsuit (see this MDN story).

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Energy Companies | Industrywide Issues | Range Resources Corp | Regulation

EPA Region 6 Administrator: Crucify Energy Companies
April 26, 2012April 26, 2012

Lest you think MDN is a bit off the reservation when it comes to criticisms of the federal Environmental Protection Agency (EPA), you might want to read about EPA Region 6 administrator Al Armendariz in an expose by Forbes magazine. Region 6 oversees Texas and surrounding states. Armendariz, a former professor at Southern Methodist University and appointed by President Obama in November 2009 to be Region 6 administrator, is caught on tape talking about his philosophy of “enforcement” and how to target oil and gas companies. He compares his approach to enforcement to how the Romans used to enter a village, find the first five men they could find and crucify them on the spot so the other villagers would be compliant. (See the embedded video below.)

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

PennFuture Releases “Plain Language Guide” to PA Act 13
April 24, 2012April 24, 2012

Anti-drilling group PennFuture yesterday released their spin on Pennsylvania’s new Marcellus drilling law called Act 13. Calling it a “Plain Language Guide,” PennFuture takes aim at trying to dismantle the new law by first undermining people’s opinion of the law, and second by threatening to use their considerable $2 million per year war chest to throw at litigation against the new law. A summary of the main points in their new guide is embedded below. A full copy is available at their website by filling out a form (clever marketing to get your personal details for future fundraising appeals).

Here’s the PennFuture press release announcing the Plain Language Guide:

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

Will Fracking in NY Only be Done in Supportive Communities?
April 23, 2012April 23, 2012

$frack here frack now$ In an interesting development in the long fight to allow shale gas drilling in New York State, two key state senators are signaling a compromise may come in the form of, “if you want it, you can get it” with respect to fracking. That is, communities that support fracking will likely be the ones who will get it, at least at first, and maybe they will be the only ones to get it.

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Broome County | Hydraulic Fracturing | Industrywide Issues | Litigation | New York | Regulation

Binghamton Fracking Ban Heading to Court
April 23, 2012April 23, 2012

Last December, at the eleventh hour shortly before Binghamton Mayor Matt Ryan knew he would lose his all-Democrat city council and hence an opportunity to stick it to the drilling industry, Ryan forced through a vote on a measure to ban fracking within the city limits for a period of two years (see this MDN story). There’s just one problem with the ban as enacted—it isn’t legal, at least according to attorneys Robert Wedlake and Kenneth Kamlet, who have sent a letter to the city demanding they either follow the law or they’re going to court.

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Industrywide Issues | Litigation | Pennsylvania | Regulation | Statewide PA

Judge Tells PA Drillers They Can’t Join Act 13 Lawsuit
April 23, 2012April 23, 2012

At the end of March, seven Pennsylvania municipalities along with the Delaware Riverkeeper Network and a handful of individuals filed a lawsuit against the state of Pennsylvania over a newly enacted Marcellus drilling law called Act 13 (see this MDN story). The lawsuit specifically targets a measure in the new law that supersedes local zoning of oil and gas drilling with state-mandated rules. The Pennsylvania Independent Oil and Gas Association, the Marcellus Shale Coalition and some state lawmakers filed to join the lawsuit on the side of the state, to help defend the new legislation (see this MDN story).

On Friday, the judge in the case denied the application to join the lawsuit:

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

NY Update: New Rules Won’t Be Done Before Fall
April 20, 2012April 20, 2012

Is it any surprise that eager beaver, go-get-em NY Department of Environmental Conservation Commissioner Joe Martens now says that his department’s review of comments on proposed new fracking rules won’t be done before end of summer, “perhaps”? No, not a surprise at all. This is typical Martens delay tactic behavior.

Martens, speaking in Albany on Thursday, told business leaders of this arbitrary new delay. Can anyone say “productivity challenged”?

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

Timeline for New York Drilling Ban Court Case
April 20, 2012April 20, 2012

Tom West, an attorney handling a combined appeal of two New York cases where local judges upheld drilling bans passed by local townships, laid out a timeline for when the combined case will be heard and decided at an Albany conference yesterday. The two original cases are from Dryden, in Tompkins County, and Middlefield, in Otsego County.

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Industrywide Issues | Pennsylvania | Regulation | Statewide PA

PA Medical Society Admits Act 13 Won’t “Gag” Doctors
April 20, 2012April 20, 2012

Yet another straw man argument from anti-drillers has been knocked down in Pennsylvania. Anti-drillers were trying to fabricate a tale that under Pennsylvania’s new drilling law, Act 13, doctors and health care workers would be “gagged” and prevented from talking about the chemicals used in fracking with their patients should those patients somehow be exposed to said chemicals. It’s been a running headline for over a month.

On Wednesday, the Pennsylvania Medical Society said the matter had been cleared up:

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Air Quality | Hydraulic Fracturing | Industrywide Issues | Regulation

Initial Reaction to EPA’s New Air Pollution Fracking Rules
April 20, 2012April 20, 2012

The initial response to the EPA’s new 588 pages of rules governing hydraulic fracturing for oil and gas well drilling (see this MDN story) was lukewarm from both pro- and anti-drillers—at least in the Pittsburgh area.

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Air Quality | Hydraulic Fracturing | Industrywide Issues | Regulation

EPA Issues New Air Pollution Standards for Fracking
April 19, 2012April 19, 2012

In response to a court order, the federal Environmental Protection agency has issued a set of new rules (i.e. laws) that will govern air pollution standards at oil and gas drilling sites throughout the country, in particular at wells sites that use hydraulic fracturing. A copy of the 588 pages of new rules is embedded below. A five-page summary of which new rules will apply to gas drillers is also embedded below.

The EPA is trying to sell this as a cost savings for drillers—that they will capture more of the natural gas that currently escapes into the atmosphere—meaning they can sell that gas and profit from it, making the cost to implement the new rules revenue neutral. Of course the opposite is true—as with all things government, the new rules will cost drillers, and by extension landowners, more money to implement. And it gives EPA more control over fracking—something they’ve lusted after for years. Fracking comes under the purview of the individual states. The states alone have the right to regulate oil and gas drilling within their borders. But the federal government, like moths drawn to a flame, can’t help themselves. They want to regulate it.

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Hydraulic Fracturing | Industrywide Issues | Regulation

Obama Issues Executive Order on Hydraulic Fracturing
April 16, 2012April 16, 2012

On Friday, President Barack Obama issued an Executive Order (EO) called “Supporting Safe and Responsible Development of Unconventional Domestic Natural Gas Resources” (a copy of the EO is embedded below). The new EO is being touted as Obama’s EO on fracking—an attempt by Obama to coordinate the efforts of many federal agencies so the federal government will speak with one voice on the topic of hydraulic fracturing.

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Hydraulic Fracturing | Industrywide Issues | Regulation

Three Federal Agencies Announce Partnership to Study Fracking
April 16, 2012April 16, 2012

At the same time The White House was announcing President Obama’s new interagency working group on fracking last Friday, three executive branch agencies were making an announcement of their own. The Environmental Protection Agency, Department of Interior and Department of Energy all released their own press releases with nearly identical language (read it below). The release announces that the three agencies have formed a formal partnership “to coordinate and align all research associated with development of our nation’s abundant unconventional natural gas and oil resources.” That is, all three agencies will share research on shale gas drilling and hydraulic fracturing, with an eye to how they can regulate it.

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Industrywide Issues | Pennsylvania | Regulation | Statewide PA | Wastewater

PennFuture Targets Entire Oil & Gas Industry in PA
April 16, 2012April 16, 2012

Anti-drilling “environmental” group PennFuture’s newly appointed President and CEO George Jugovic, formerly the PA Department of Environmental Protection’s (DEP) southwest regional director, is wasting no time in going after the oil and gas industry. Current DEP Secretary Michael Krancer got the drilling industry to stop using municipal sewage treatment plants to process Marcellus drilling wastewater without so much as an edict or lawsuit. Conventional (non-Marcellus) gas drillers have now come under the scrutiny by PennFuture and other anti-drilling groups. They want conventional drillers to stop processing their drilling wastewater via treatment plants that discharge into rivers and waterways.

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

Maryland Legislature Fails to Act on Fracking Bill
April 16, 2012April 16, 2012

Forgive the editorial smirk, but MDN always enjoys reading about the status of fracking in Maryland because Maryland is the only place even more dysfunctional than New York (MDN’s home turf) when it comes to the issue of hydraulic fracturing. The Maryland General Assembly meets in session for 90 days each year to pass new legislation. The session for 2012 has just ended and several bills dealing with hydraulic fracturing did not receive enough support to come to a vote.

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Bucks County | Hydraulic Fracturing | Industrywide Issues | Pennsylvania | Public Opinion | Regulation

Anti-Drillers Behave Badly at Act 13 Meeting in Nockamixon
April 13, 2012April 13, 2012

As is typical—and has been the experience of MDN many times—it is the anti-drillers at public meetings who are loud, unruly, offensive and just plain uncivil. The latest example on full display was last night at an educational forum at Palisades High School in northern Bucks County, Pennsylvania where a panel of twelve people had gathered to discuss and answer questions for residents on the new PA Marcellus drilling law called Act 13. Palisades High School is located in Nockamixon Township, one of seven PA townships that recently sued the state over Act 13 provisions that preempt local zoning laws for oil and gas drilling.

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