Regulation

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

Final NY DEC Hearing in NYC – Surreal
December 1, 2011

Yesterday was an interesting experience for MDN editor Jim Willis, sitting in the NY Department of Environmental Conservation (DEC) hearing in New York City. The hearing was the last to be convened by the DEC to accept public comments on new draft drilling regulations proposed by the DEC that will allow high volume hydraulic fracturing to commence in New York State (ie allow shale gas drilling).

The crowd at the TriBeCa Theater in lower Manhattan was almost all anti-drilling—the vast majority were from New York City, were Democrat, and were boisterously loud against fracking. They believe it cannot and should not (indeed will not) ever be allowed in New York State. As Josh Fox, creator of the Gasland movie said during his comments, he believes talking about “how” drilling can be done safely is the wrong premise. He believes the argument should be about “whether it is done at all”. And many echoed his sentiment.

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

MDN Hits the Road for the NY DEC Hearings at Tribeca
November 30, 2011November 29, 2011

The last two ~~circus shows~~ public hearings sponsored by the New York Department of Environmental Conservation (DEC) on proposed changes to draft shale gas drilling regulations will be held on Wednesday (today) in New York City at the Tribeca Performing Arts Center (Manhattan) from 1-4 pm and again from 6-9 pm. MDN editor Jim Willis is attending the 1 pm session (if he can get in!). A full report will follow on Thursday or Friday.

Meanwhile, a crowd of some 500 pro- and anti-drilling advocates showed up on Tuesday in Loch Sheldrake (Sullivan County), NY for the next to last pair of hearings. See today’s Story Links for early coverage from Loch Sheldrake.

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Hydraulic Fracturing | Industrywide Issues | Regulation | Wastewater

Some NJ Legislators Say No to Fracking Wastewater
November 30, 2011November 29, 2011

New Jersey legislators—at least some of them—don’t want wastewater from Marcellus (and Utica) Shale gas drilling in their state. New legislation is now making its way through the NJ state Assembly:

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

Maryland Politicians on Gas Drilling – Dumb & Dumber
November 28, 2011November 28, 2011

It’s really kind of funny to watch lawmakers and “leaders” in the state of Maryland talk about drilling in the Marcellus Shale, which, if it were to happen in the state, would happen in two western counties: Garrett and Allegany. Earlier this year Gov. Martin O’Malley appointed a 14-member commission to study the drilling issue, with a final report not due until 2014.

It’s a really big “if” that shale drilling will even be allowed in the state, but just in case it were to be allowed, politicians from Washington, D.C. suburbs (like Montgomery County, Maryland) want to tax the living daylights out of it:

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

PA Legislature Struggles with Gas Well Setback Provision
November 28, 2011November 28, 2011

Pennsylvania Gov. Tom Corbett is hopeful that the Republican-controlled Senate and House will pass new Marcellus Shale drilling legislation that reaches him by year’s end. But one of the political footballs is working out the issue of setbacks, or how far away a gas well can be drilled from a body of water like a creek, a private water well or a spring. Put the gas well too close and critics argue you increase the chance that an accident can damage the water supply. But make setbacks too far and it makes it practically impossible to drill any wells because the state has so many small waterways. That is, it becomes a back door way to prevent all drilling.

Here is the current state of play between the two differing versions of legislation that have passed in the Senate and House which now need to be reconciled before reaching Gov. Corbett:

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Hydraulic Fracturing | Industrywide Issues | Medina County | Ohio | Regulation

Eastern OH Town Bans Fracking on Town-Owned Property
November 23, 2011November 23, 2011

On Monday, Hinckley, Ohio trustees voted to ban the use of hydraulic fracturing on township-owned property.

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Hydraulic Fracturing | Industrywide Issues | Meetings | Regulation

Picture of Hypocritical Anti-Driller at Recent NY DEC Hearing
November 22, 2011November 29, 2011

At the recent Department of Environmental Conservation (DEC) hearings on proposed new gas drilling regulations held in Binghamton, NY on Nov. 17, one of the attendees snapped the picture below of a protesting anti-driller.

MDN believes its readers are sharp enough to spot the obvious hypocrisy.

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Energy Services | Industrywide Issues | Pennsylvania | Pipelines | Regulation | Statewide PA | Tennessee Gas Pipeline

Tennesee Gas Pipeline Receives Approval for Northeast Upgrade
November 22, 2011November 22, 2011

The Federal Energy Regulatory Commission (FERC) yesterday approved a request by the Tennessee Gas Pipeline Company to upgrade its Northeast Project with construction of extra pipeline loops in Pennsylvania and New Jersey, as well as compressor plant upgrades in both states. The end result will be an extra 636,000 dekatherms of gas delivered per year in the important northeast market—most of it Marcellus Shale gas.

From the FERC press release:

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Hydraulic Fracturing | Industrywide Issues | Regulation

DRBC Postpones Vote to Finally Allow Safe Gas Drilling
November 20, 2011November 20, 2011

The five voting members of the Delaware River Basin Commission (DRBC) have decided to postpone a vote scheduled for Monday to finally, after a years-long delay, allow some (a teeny, tiny bit) of gas drilling to proceed in the DRBC’s jurisdictional area. It seems environmental groups have convinced both Delaware and New York to vote against the new drilling regulations—regulations that have been vetted repeatedly in public forums, with public comments, reworking, refining and with multiple delays. And because two of the four states who belong to the DRBC are voting no, at least one other state (NJ) wants to wait.

Obviously anti-drilling forces want no drilling. They are not interested in safe drilling—a total and permanent ban on drilling is their goal, and the DRBC is the place they want to start with it. A permanent ban in the DRBC is the antis’ “stake in the ground.”

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

Binghamton DEC Hearing Draws Big & Loud Crowd
November 20, 2011November 20, 2011

Unfortunately MDN editor Jim Willis was not in Binghamton for the Nov. 17 DEC hearing on the newest revisions to the draft drilling regulations that would finally allow shale gas drilling in the state. However, there was plenty of media coverage of the event, which drew more than 1,000 people to the Forum Theatre in downtown Binghamton.

The Nov. 17 hearing was the second of four scheduled public hearings on the new regulations. The final two will be at the end of November, one in Loch Sheldrake (Sullivan County) and one in New York City.

Reporting on the Binghamton hearing from the hometown Press & Sun-Bulletin:

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Industrywide Issues | Pennsylvania | Regulation | Statewide PA

Compromise Allows PA Municipalities Some Drilling Oversight
November 20, 2011November 20, 2011

As MDN recently pointed out, in Pennsylvania there is an ongoing tug-of-war between the state and local municipalities over how much local governments can regulate activities like zoning that impact shale gas drilling (see this MDN story). Local governments want the ability to allow or disallow drilling in certain areas. The state says that statewide laws should totally “preempt” local laws to ensure fairness and consistency and to avoid litigation by drilling companies which will cause millions in taxpayer money to defend.

There is a compromise coming in new legislation that will continue to allow local municipalities some control over drilling in their locales, while preserving most of the oversight for the state. It’s not a perfect solution, but both sides of the debate are signaling it may be the best solution they can jointly agree on.

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Industrywide Issues | Pennsylvania | Regulation | Statewide PA

Regulating Drilling in PA Pits State Against Municipalities
November 15, 2011November 15, 2011

There is a “tug of war” going on in Pennsylvania for who will ultimately control where, and under what conditions, Marcellus Shale gas wells can be drilled. The struggle pits the state against local municipalities. As with many issues surrounding shale gas drilling, this one is complicated.

Pennsylvania has more than 2,500 township and municipal governments across the state—more than any other state—even though there are four other states with larger populations (CA, TX, NY, and FL). Local governments are responsive to the people in their communities.

But when it comes to the issue of drilling, local governments, in being “responsive” are often trampling the rights of local property owners to use their land as they see fit. Local municipalities will say they regulate where malls and shopping centers can be built, where factories can be built, and whether or not land in residential areas can be re-zoned for other purposes, on a case by case basis. Why not the industrial process of constructing a gas well? And they ask the state, “Would you like it if the federal government stripped away your rights to self government? Why do you want to take away ours?”

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Allegheny County | Hydraulic Fracturing | Industrywide Issues | Pennsylvania | Regulation

Pittsburgh Councilman Introduces “Toxic Trespass” Legislation
November 15, 2011November 15, 2011

Pittsburgh City Councilman Doug Shields has been a tireless anti-drilling crusader (see previous MDN stories here). Fortunately, he leaves office at the end of December—he didn’t run for re-election. But before he goes, he wants to take one parting shot at the drilling industry.

Yesterday, Mr. Shields introduced “toxic trespass” legislation, which is designed to try and stop drilling in other locations by inferring they may release chemicals into the environment that will find their way to Pittsburgh via rivers and streams and therefore Pittsburgh will sue them out of existence if they get even a whiff of something they don’t like. Nice way to go out Doug…

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Broome County | Hydraulic Fracturing | Industrywide Issues | Meetings | New York | Public Opinion | Regulation

Binghamton DEC Hearing will be Ground Zero This Week
November 14, 2011November 14, 2011

This week will be important for the effort to get shale gas drilling moving in New York State. The state Department of Environmental Conservation (DEC) is conducting a series of four public hearings nominally to accept comments on the most recent changes to the draft drilling regulations, also known as the SGEIS (Supplemental Generic Environmental Impact Statement). MDN says “nominally” because each of the four events will be used by both those for and against drilling to try and show their side has the most support.

One of the four hearings, in Binghamton on Thursday of this week, is likely to be the largest hearing outside of the New York City hearing later this month. MDN has received several email notices from landowner groups in favor of drilling, and from one group opposed. Both say similar things: These hearings are vitally important.

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

Will NY be Too Expensive to Drill in the Marcellus?
November 14, 2011November 14, 2011

Yesterday’s Buffalo News has an excellent analysis for the prospects of shale gas drilling in New York, given New York’s extreme delays and proposed restrictive drilling regulations. MDN is a supporter of drilling in New York and has nothing but best wishes for landowners in our home state. But the stark reality, as we’ve been pointing out, is that “if you build it, they will come” makes for a nice movie, but doesn’t necessarily translate into reality for drilling in NY.

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Accidents | Industrywide Issues | Pennsylvania | Regulation | Susquehanna County

Feds Make a Visit to Dimock PA Families Last Week
November 14, 2011November 14, 2011

The federal Environmental Protection Agency and the Agency for Toxic Substances and Disease Registry visited some of the families in Dimock, PA affected by methane migration last Thursday. The were particularly interested in getting copies of water sample results from entities other than the Pennsylvania Department of Environmental Protection or Cabot Oil & Gas.

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