Regulation

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

Binghamton Public Hearing on Proposed Fracking Ban
December 22, 2011December 22, 2011

Last night, to the frustration of some area residents, and to the glee of others, Binghamton City Council members made a loud political statement that the city is not interested in the natural gas drilling industry and the potential prosperity it would bring to the region. Council members voted 6-1 in favor of a two-year moratorium on drilling in the city. MDN attended the public hearing that preceded the vote, and stayed for the vote that followed. It was a long night.

The public hearing, which ran from 6:30 to 10:00 pm, heard from both residents and non-residents, each of whom was given three minutes to make a statement to Council members. MDN editor Jim Willis was among those commenting. By the time Council members had their say about why they would or would not support the ban, and then voted, it was close to 11:00 pm.

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

NY DEC Joe Martens – Another Week, Another Delay in Fracking
December 21, 2011December 21, 2011

New York Department of Environmental Conservation (DEC) Commissioner Joe Martens continues the delay and stall tactics he’s become known for on the issue of shale gas drilling in the state. The latest Martens delay came this week when he asked an outside consulting firm—Ecology & Environment—to take a closer look at costs fracking would create for local communities.

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Energy Companies | Hydraulic Fracturing | Industrywide Issues | Litigation | Monongalia County | Northeast Natural Energy | Regulation | West Virginia

Morgantown Marcellus Wells Coming Online
December 21, 2011December 21, 2011

MDN chronicled the battle earlier this year between Northeast Natural Energy and the city of Morgantown, WV over Northeast’s plan to drill two Marcellus Shale gas wells near the city. In short, the Morgantown City Council tried to ban drilling both inside and outside city limits—up to one mile outside—which would have prevented Northeast from drilling the two wells.

Morgantown attempted to use a state law which indicates cities can take such actions outside their borders if they believe there is an imminent threat to residents of the city. The ban went to court, and a judge overturned it, clearing the way for Northeast to drill.

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Industrywide Issues | Ohio | Regulation | Statewide OH

New Ohio Oil & Gas Drilling Rules Coming January 2012
December 21, 2011December 21, 2011

The Ohio Department of Natural Resources (ODNR) is finalizing new state oversight rules on well construction for oil and natural gas that it says will be among the toughest in the U.S. (a copy of the proposed new rules is embedded below). According to ODNR officials, the new rules do not specifically address hydraulic fracturing, although the new rules will apply to horizontally drilled and fracked wells as well as conventional vertical wells. New fracking rules, according to the ODNR, “will be addressed later.”

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Hydraulic Fracturing | Industrywide Issues | Ohio | Regulation | Statewide OH | Taxation

OH Gov Kasich’s Top Priority for 2012: Shale Gas
December 20, 2011December 20, 2011

In a year-end “media gathering” with Ohio Gov. John Kasich, the governor recounted his administration’s accomplishments for his first 12 months in office, and then he turned his sights on 2012. At the top of his agenda for next year? Drilling in the Marcellus and Utica Shales.

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Hydraulic Fracturing | Industrywide Issues | Litigation | Regulation | Statewide WV | West Virginia

Lawsuit on the Horizon for WV’s New Marcellus Law?
December 20, 2011December 20, 2011

Please see an important update at the end of this article.

West Virginia’s new Marcellus drilling law is not yet a week old (see this MDN story for a summary of what’s in the new law), and already some who are unhappy with the law are talking lawsuit. The Charleston, WV Rotary Club hosted a luncheon at the Civic Center on Monday with a panel discussion presenting four different viewpoints on the new law. None of the four, who included those who favor drilling and those who don’t, were happy with the final version. But one in particular, Dave McMahon, a Charleston public interest lawyer, is threatening to sue over the new law.

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Accidents | Hydraulic Fracturing | Industrywide Issues | Regulation

WSJ Says EPA Using Pavillion, WY in Scare Tactic Campaign
December 19, 2011December 19, 2011

Today’s Wall Street Journal provides a devastating rebuttal of the very flawed EPA study that tries to pin chemical contamination of water supplies in Pavillion, Wyoming on fracking. Among the WSJ’s observations:

The EPA says it launched the study in response to complaints "regarding objectionable taste and odor problems in well water." What it doesn’t say is that the U.S. Geological Survey has detected organic chemicals in the well water in Pavillion (population 175) for at least 50 years—long before fracking was employed.*

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Energy Companies | Industrywide Issues | Pennsylvania | Range Resources Corp | Regulation | Statewide PA | Washington County

Gas Drillers and Townships Working Together Resolve Issues
December 19, 2011December 19, 2011

A recent example from western Pennsylvania illustrates how drilling companies and residents in PA are working together to resolve thorny issues and move forward with gas drilling in a way that everyone can live with:

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Hydraulic Fracturing | Industrywide Issues | Regulation | Statewide WV | West Virginia

WV Has New Marcellus Drilling Law in Record Time
December 15, 2011December 15, 2011

$horizontal hydraulic fracturing$ A new Marcellus drilling law (highlights of the law listed below) passed in a special session of the West Virginia legislature and has been signed by Gov. Earl Ray Tomblin into law. Yesterday, the WV House of Delegates voted 92-5 and the Senate voted 33-0 to pass the measure, known as the “Horizontal Well Act,” which was immediately signed by the governor.

Although it only took the WV legislature four days in a special session to pass the measure, in reality, it has taken most of this year to draft, tweak and alter the language of the bill to prepare it ahead of the special session.

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

Maryland Continues Down the Path to No Gas Drilling
December 15, 2011December 15, 2011

Maryland continues to skip down the primrose path to no shale gas drilling. Earlier this year, Maryland Gov. Martin O’Malley appointed a Marcellus Shale Advisory Commission to study whether or not the state should even allow shale gas drilling (see this MDN story). The committee is due to turn in a preliminary report by the end of this year, but the final report is not due until 2014. All indicators are that if Maryland allows shale gas drilling, it will be so restrictive and so heavily taxed, it will be stillborn. No drillers will even bother.

The latest evidence of that comes from the commission’s recommendation that drillers be presumed to be guilty of certain environmental “crimes” until proven innocent. To wit:

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

PA Municipal Leaders Say “No” to Proposed Drilling Law
December 14, 2011December 14, 2011

Leaders from 44 Pennsylvania municipalities in seven counties met Tuesday night to express their concern over state legislation nearing passage that would strip away most local control of shale gas drilling. PA Gov. Tom Corbett believes most control for drilling should be handled at the state level, something the drilling industry also favors, giving drillers an even, consistent playing field across the state instead of a patchwork of regulations that differ from area to area and even from township to township.

But local municipal leaders maintain a “one size fits all” is not the answer—that local leaders and the citizens they represent should have a say on which areas in their locales should be industrialized and which should not, and what restrictions they want to place on drilling activities. Their point: Who knows better the local character and conditions than municipal leaders, who answer to local voters?

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Industrywide Issues | Pennsylvania | Pipelines | Regulation | Statewide PA

PA Senate Passes Bill Enforcing Fed Standards on Pipelines
December 14, 2011December 14, 2011

On Tuesday, the Pennsylvania State Senate have approved a bill that would direct PA utility inspectors to use federal safety standards with most new shale gas gathering pipelines in the state. The measure now goes to the PA House for consideration.

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

PA Town Supervisors Still Not Happy with Proposed Legislation
December 12, 2011December 12, 2011

The Pennsylvania State Association of Township Supervisors (PSATS) originally opposed PA House Bill 1950 and Senate Bill 1100, the two primary bills before the General Assembly that deal with the issue of natural gas development that are now very close to reconciliation and a signature from Gov. Tom Corbett. PSATS’ primary objection is that the bills would strip away most, if not all, municipal authority to regulate gas drilling in their own communities. Recent amendments to the bills have made them “more reasonable” and more palatable to PSATS, but they are still not good enough to garner an endorsement.

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

PA Legislature Deals with Bonding to Decommission Gas Wells
December 6, 2011December 6, 2011

The Pennsylvania legislature has been working on new laws to tighten regulation of the Marcellus Shale drilling industry. Since January 2011, both the PA Senate and House are now controlled by Republicans, as well as the governorship, giving new Marcellus legislation a good chance of passing. The new laws are a result of, and based on, the findings of an advisory committee appointed by Gov. Tom Corbett earlier this year (see this MDN story).

Both the PA Senate and House have passed slightly different versions of legislation and those versions are now being reconciled in committee to work out the differences so a bill can be sent to Gov. Corbett for signing. One of the outstanding issues to be reconciled is how much of a bond should drillers pay to decommission a well.

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

Gas Drilling’s Death by 1,000 Stalls in NY
December 5, 2011December 5, 2011

An opinion column in today’s New York Post aptly nails the situation on gas drilling in New York State. In fact, the title says it all, “Fracking in NY: death by 1,000 stalls?” MDN has been a Johnny-one-note on this topic with our assertion that Joe Martens, Commissioner of the NY Department of Environmental Conservation and the man whose job it is to get drilling going in the state, is intentionally delaying drilling because he doesn’t want to see it happen. The Post agrees.

The Post column says, in part:

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

Further Reflections on the Nov 30 NYC DEC Hearings
December 2, 2011December 2, 2011

As I reported yesterday, I attended the Nov. 30 New York City hearing convened by the Department of Environmental Conservation on proposed new draft drilling regulations called the SGEIS, or Supplemental Generic Environmental Impact Statement (see MDN story here). I arrived at the TriBeCa Performing Arts Theater about 10:30 am to wait in line. Upon arriving, there were maybe 75 people in line. I immediately spotted my friend Bill desRosiers, field director with Energy in Depth – Northeast Marcellus Initiative who invited me to stand with him and his colleagues in line. Normally I don’t jump lines, but since there were perhaps 20 people between Bill and the end of the line, and the theater holds 1,000, I decided to stay and hang out.

Little did I know that our little group of pro-drillers was about the only group of pro-drillers that would attend the morning session. A few more showed up to be sure, but almost all of those who attended the morning, and according to accounts I’ve read for the evening session too, were against Marcellus Shale drilling. As I joined Bill (and later friends Tom Shepstone and Rachael Colley, also from EID-NMI), we were surrounded by anti-drillers. In fact, this gentleman was standing immediately in front of us, pointing his sign toward the street:

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