Regulation

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    Gov. Cuomo’s Nomination to Head the NY DEC: Will the Real Joe Martens Please Stand Up?

    Joe MartensOn January 4, newly inaugurated Gov. Andrew Cuomo nominated Joe Martens to head up the all-important (to Marcellus Shale drilling in NY anyway), State Department of Environmental Conservation (DEC). The DEC is charged with drafting drilling regulations, and once in place, overseeing those regulations. Joe Martens’ nomination to head the DEC was viewed by most who support drilling as a bad omen. Why? Let’s take a look at who Joe Martens is, and what he has said on the topic of shale gas drilling in New York.

    Since 1995 Joe has worked for the Open Space Institute (OSI), first as executive vice president and later as its president. The OSI buys private land in states along the East Coast of the U.S. to keep it from being developed. As it’s name implies, it wants to keep large tracts of open spaces undeveloped and pristine. Over 100,000 acres in New York State alone have been “protected” by the OSI. Most of the OSI’s land acquisitions and easements (laws to protect land they don’t actually buy but control) have come under Joe Martens’ reign as president.

    Read More “Gov. Cuomo’s Nomination to Head the NY DEC: Will the Real Joe Martens Please Stand Up?”

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    Delaware River Basin Commission Proposes Draft Drilling Regulations; Three Public Hearings in February

    On Dec. 9, 2010, the Delaware River Basin Commission (DRBC) released a draft of its proposed new regulations that will affect anything to do with the exploration, drilling and production of natural gas wells within the DRBC’s jurisdiction, which includes parts of the states of Delaware, New Jersey, New York and Pennsylvania. The DRBC is responsible for protecting the waters of the Delaware River basin, which brings fresh drinking water to some 15 million people in the U.S.

    Read More “Delaware River Basin Commission Proposes Draft Drilling Regulations; Three Public Hearings in February”

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    PA State Rep. Phyllis Mundy Makes Another Attempt to Stop Drilling in the PA Marcellus Shale

    Pennsylvania State Rep. Phyllis Mundy (Democrat, Kingston) recently reintroduced several pieces of legislation designed to stop drilling in the Marcellus Shale in PA. Not that it will make much of a difference since Republicans now control the governorship, the Senate and the House in PA.

    Read More “PA State Rep. Phyllis Mundy Makes Another Attempt to Stop Drilling in the PA Marcellus Shale”

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    Maryland Lawmaker Proposes Legislation to Ban Drilling in that State

    It appears the constant drumbeat that hydraulic fracturing is evil (coming from extremist environmental groups) is having the desired effect. At least on Democrat state politicians. Now it looks like Maryland may ban drilling in the Marcellus Shale that runs under a tiny section of that state:

    Maryland state Del. Heather Mizeur (D-Montgomery County), is preparing legislation to ban drilling in the state until it is determined that it will not taint water. “We expect robust support,” she said. “The fuel source isn’t bad, we’re just concerned about the extraction method.”*

    *The Washington Post (Feb 6) – Maryland county caught up in fight over energy extraction method

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    Federal EPA Finally Starting Their Study on Hydraulic Fracturing, But Don’t Hold Your Breath on How Long it Will Take to Complete

    Lisa JacksonThe federal Environmental Protection Agency (EPA) is finally close to launching their much ballyhooed study on hydraulic fracturing, according the EPA Administrator Lisa Jackson. Jackson spoke before the Senate Environment and Public Works Committee today.

    Read More “Federal EPA Finally Starting Their Study on Hydraulic Fracturing, But Don’t Hold Your Breath on How Long it Will Take to Complete”

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    Delaware Riverkeeper Network and Damascus Citizens for Sustainability Sue Delaware River Basin Commission over Exploratory Wells

    Two anti-drilling “environmental” groups, The Delaware Riverkeeper Network (DRN) and Damascus Citizens for Sustainability (DCS), have joined forces in filing a federal lawsuit today against the Delaware River Basin Commission (DRBC) in federal district court in Trenton, NJ.  The anti-drilling groups are challenging the actions the DRBC took to allow some exploratory natural gas wells to be drilled “without DRBC review and approval and despite a Basin-wide moratorium on gas wells.”

    Read More “Delaware Riverkeeper Network and Damascus Citizens for Sustainability Sue Delaware River Basin Commission over Exploratory Wells”

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    Democrats Allege Halliburton and Others are Using Diesel Fuel in Hydraulic Fracturing, Asks EPA to “Do Something”

    Henry WaxmanPrepare for the deafening noise now being generated by the mainstream press echo-chamber against the decades-old method of natural gas drilling called hydraulic fracturing. The latest attack comes courtesy of three Congressional Democrats. Reps. Henry A. Waxman, Edward J. Markey, and Diana DeGette sent a letter today to Environmental Protection Agency Administrator Lisa Jackson regarding the results of an investigation into the use of diesel fuel in hydraulic fracturing fluids.
    Read More “Democrats Allege Halliburton and Others are Using Diesel Fuel in Hydraulic Fracturing, Asks EPA to “Do Something””

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    Shame on the EPA for Changing a Meeting on Hydraulic Fracturing the Night Before it’s Scheduled (Updated)

    UPDATE (Aug 11): Below is my original post, in all of its flawed glory. A confession: I’ve made a mistake, and I prefer to correct the record right here, up high for everyone to see. Part of my “rant” below is based on a simple and stupid mistake I made–the original EPA meeting was scheduled for August 12, not August 10. I had it incorrectly listed in my calendar. So my original contention that the EPA changed the meeting the night before was plain wrong. Second, it seems there was a dispute between the EPA and Binghamton University where the event was to be held about the amount of money needed to handle a larger than anticipated crowd. The number BU requested went from $6,000 to $40,000 and the EPA resisted and did not have much of a choice but to try and change the venue. Yes, I can point out that the EPA has no problem wasting $1.5M of taxpayer money on a new study of hydraulic fracturing when they just did one a few years ago and hey, what’s another $36K? But I won’t. I’ll simply say,  I was wrong. When you make a mistake in public, you need to correct it in public.

    Read More “Shame on the EPA for Changing a Meeting on Hydraulic Fracturing the Night Before it’s Scheduled (Updated)”

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    New York Senate Bill S8129B Passes – Moratorium on Marcellus Gas Drilling Comes to New York

    Sen. Antoine Thompson Tuesday, August 4, was a sad day for New Yorkers who, after more than two years of waiting, found out they will have to wait longer to begin drilling for natural gas in the Marcellus Shale. On Tuesday, the New York Senate voted 48-9 to prevent hydraulic fracturing (drilling) of gas wells in the Marcellus and Utica Shale formations in New York State. The moratorium, sponsored by State Senator Antoine Thompson (Democrat-Buffalo), prevents gas drilling for another nine months, until May 15, 2011.

    Read More “New York Senate Bill S8129B Passes – Moratorium on Marcellus Gas Drilling Comes to New York”

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    Forced Pooling – An Issue Coming to the Forefront in Pennsylvania

    Now that a severance tax is coming to Pennsylvania, natural gas drillers will likely push for a provision called “forced pooling” in PA which makes it easier to gather gas from properties that are not leased but sit in-between other leased land.

    The Marcellus Shale natural gas industry wants to see legislation attached to any severance tax adopted by the state that would force property owners who refuse leases to allow drillers to gather the gas beneath their land, an industry coalition leader said Monday.

    Calling it the most economical and conservative land-use approach to drilling for gas, David Spigelmyer, Chesapeake Energy’s regional vice president for government relations, said in a Times-Shamrock newspapers editorial board meeting that “forced pooling” is a key element of any legislation the state’s Marcellus drillers could support and is actively being discussed during budget negotiations in the capital.

    Such a statute would help avoid an unnecessary proliferation of wells, Spigelmyer said, but critics say it is a form of eminent domain.*

    This is an unresolved and complex issue that’s about to become red hot in PA. There are strong arguments on both sides. MDN believes landowners should have the right to allow drilling on and under their land provided it does not harm nearby populations or the environment. It is the constitutional right for citizens of this country to use their land as they see fit. On the other hand, to force a landowner who does not want to lease their land into a pool with their neighbors who have leased, is also unfair. If it means a proliferation of wells and added expense, so be it. The drilling company will have to bear the cost. Citizens should not have to worry that portions of their property will be used against their will—both on the surface and under it. It’s wrong to stop drilling based on irrational fear (as is being done in New York), and it’s equally wrong for drillers to force landowners to allow drilling under their land.

    What do you think about forced pooling? Leave a comment below and let us know.

    *Wilkes-Barre Citizen’s Voice (June 29) – Gas industry wants access to unleased property

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    Delaware River Basin Commission Bans Exploratory Drilling in Marcellus Shale in the Watershed

    Once again the Delaware River Basin Commission (DRBC) is overreaching. There is no doubt the commission is packed with people opposed to shale gas drilling, and they have no regard for private property owners or their property rights. Under the guise of “protecting the water supply,” a single person—the director of the DRBC—has now banned exploratory drilling in the watershed with the stroke of a pen. What does it mean? If you’re a property owner living in the Delaware River watershed (New York or Pennsylvania), drilling for you won’t happen any time soon. Maybe never.

    Today’s DRBC press release:

    Delaware River Basin Commission (DRBC) Executive Director Carol R. Collier today announced that she has supplemented her May 19, 2009 determination to include natural gas exploratory wells.

    “My 2009 determination that sponsors of natural gas extraction projects in shale formations must obtain commission approval before commencing such projects expressly did not cover wells intended solely for exploratory purposes,” Collier said.  “Today, I am extending the provisions of my 2009 determination to include exploratory wells, subject to reservations for exploratory well projects already approved by the states on or before June 14, 2010.”

    By this supplemental determination, all natural gas well project sponsors, including the sponsors of natural gas well projects intended solely for exploratory purposes, must first apply for and obtain commission approval before commencing any natural gas well project for the production from or exploration of shale formations within the drainage area of Special Protection Waters in the Delaware River Basin.

    “For the purpose of this determination, any natural gas well drilled in or through shale is assumed to be targeting a shale formation and is subject to this determination, unless the project sponsor proves otherwise,” Collier added. All other aspects of the 2009 determination remain in effect.

    Today’s action recognizes the risks to water resources, including ground and surface water that the land disturbance and drilling activities inherent in any shale gas well pose. “In light of the commission’s May 5, 2010 decision to finalize natural gas regulations before considering project approvals, this supplemental determination removes any regulatory incentive for project sponsors to classify their wells as exploratory wells and install them without  DRBC review before the commission’s natural gas regulations are in place,” Collier said. “It thus supports the commission’s goal that exploratory wells do not serve as a source of degradation of the commission’s Special Protection Waters.”

    “Where entities have invested in exploratory well projects in reliance on my May 2009 determination and information from DRBC staff, there are countervailing considerations that favor allowing these projects to move ahead,” Collier stated in her supplemental determination. “I am informed that since May of 2009, Pennsylvania has issued a limited number of natural gas well drilling permits within the Delaware River Basin targeting shale formations, while New York State has not issued any natural gas well permits targeting shales in the basin since that date. In contrast to the thousands of wells projected to be installed in the basin over the next several years, the risk to basin waters posed by only the wells approved by Pennsylvania since May 2009 are comparatively small. Not only are these wells subject to state regulation as to their construction and operation, but they continue to require commission approval before they can be fractured or otherwise modified for natural gas production. In light of these existing safeguards and the investment-backed expectations of the sponsors of these projects, this supplemental determination does not prohibit any exploratory natural gas well project from proceeding if the applicant has obtained a state natural gas well permit for the project on or before June 14, 2010.”

    Most of the shale formations that may be subject to horizontal drilling and hydraulic fracturing techniques requiring large volumes of water in the basin are located within the drainage area to DRBC’s designated Special Protection Waters (SPW). The commission’s SPW program is designed to prevent degradation in streams and rivers considered to have exceptionally high scenic, recreational, ecological, and/or water supply values through stricter control of wastewater discharges, non-point pollution control, and reporting requirements. Coverage of the DRBC’s SPW anti-degradation regulations includes the 197-mile non-tidal Delaware River from Hancock, N.Y. south to Trenton, N.J. and the land draining to this stretch.

    Any person adversely affected by this action may request a hearing by submitting a request in writing to the commission secretary within 30 days of the date of this supplemental determination in accordance with the DRBC’s Rules of Practice and Procedure.

    *DRBC Press Release (June 14) – DRBC Executive Director Determination Extended to Include Natural Gas Exploratory Wells

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    New York Landowners Call to Action – Another Sneak Attack Bill in NY Legislature Attempts to Stop Drilling

    MDN received the following email from the Central New York Landowner’s Coalition encouraging New Yorkers who want to see gas drilling to get on the phone and call to express your opposition to (yet another) bill that would kill drilling in New York. MDN encourages those of like mind to call.

    LAST-MINUTE BILL NEEDS YOUR CALL
    SNEAKY “ANTI-GAS” BILL MUST BE STOPPED

    OPPOSITION’S ATTEMPT TO SNEAK A BILL THROUGH: NYS Senator Antoine Thompson has just introduced a bill to the NYS Encon Committee, which he chairs, that would ban any hydraulic fracturing activity in NYS for one year – which is certain to be followed up by subsequent moratoriums in future years. THIS BILL HAS THE SAME LONG-TERM AGENDA AS THE OTHERS AND IS NOT A COMPROMISE!!! If this passes, we can forget about leasing for years to come and we can be certain that any gas company who might be waiting for the DEC to release the SGEIS will give up & head elsewhere.

    WE HAVE BEEN SUCCESSFUL SO FAR: Our rally, emails and phone calls have derailed the bills that would all-out ban or impose a 2-3 year moratorium on gas drilling in NY. We can defeat this bill if we all work together! And with one full week left before the Albany Politicians go to summer recess, this week requires our biggest push ever.

    WE NEED 125 CALLERS FIRST THING MONDAY MORNING:
    Because it’s too late to email or write letters, your coalition committee will be calling and we need 125 additional callers after 9am on Monday to voice your opposition to this moratorium with us. The Encon committee meets Monday afternoon, so it is best if your call reaches them by then. WHEN YOU HAVE CALLED, EMAIL US AT chenangogas@gmail.com and let us know. We’ll keep the website updated with our tally for the day.

    HERE ARE THE NAMES WITH THE “TALKING POINTS” BELOW.

    Name
    Albany Phone

    Thompson, Antoine M.
    Ph: 518-455-3371

    Oppenheimer, Suzi
    Ph: 518-455-2031

    Schneiderman, Eric T.
    Ph: 518-455-2041

    Parker, Kevin S.
    Ph: 518-455-2580

    Serrano, Jose M.
    Ph: 518-455-2795

    Perkins, Bill
    Ph:518-455-2441

    Stewart-Cousins, Andrea
    Ph: 518-455-2585

    Foley, Brian X.
    Ph: 518-455-2303

    Marcellino, Carl L.
    Ph: 518-455-2390

    Leibell, Vincent L.
    Ph: 518-455-3111

    Johnson, Owen H.
    Ph: 518-455-3411

    Little, Elizabeth O’C.
    Ph: 518-455-2811

    Young, Catharine M.
    Ph: 518-455-3563

    Padavan, Frank
    Ph: 518-455-3381

    TALKING POINTS:

    POSSIBLE CONVERSATION: (Not everything below needs to be mentioned. The main thing is the first sentence!)
    “Good Morning (afternoon); I am calling to express my full opposition to the bill being presented by Senator Thompson to the Encon Committee further delaying safe Natural Gas Drilling in NY. Our New York State DEC has successfully monitored, studied and regulated hydraulic fracturing in our state for nearly 2 decades. In additional to this, they have put thousands of man hours into their current SGEIS which will make New York the safest state in our nation for natural gas development. Also, the federal EPA has already studied hydraulic fracturing on numerous occasions and has never found a single instance of underground water contamination by this drilling process. And with the current EPA study, there was never a federal consideration of a ban. This bill appears to be a mere political ploy to create an additional, needless moratorium before the DEC’s latest regulations are even being released. I am asking that you trust the scientists of the DEC who have already created a safe track record for drilling in NY. We have already been forced to wait 2 years so I respectfully ask that this committee not create needless long-term delays to this essential economic push for upstate NY.”

    Many additional talking points are posted on the website of the Joint Landowner’s Coalition (www.jlcny.org). Don’t worry about being eloquent – JUST CALL EVERYONE ON THAT LIST!! We can’t count on anyone else to call for us – you need to pick up the phone and do this for yourself, your family, your community and your state.

    Counting on YOU!

    Brian Conover

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    The Rank Hypocrisy of ‘American Rivers’ on the Marcellus Shale Drilling Issue

    You would have to be blind to have missed the recent announcement from American Rivers, a so-called conservation organization, that the Delaware River is this year’s #1 most threatened river from sea to shining sea in the good ole US of A. The announcement was picked up, according to Google, by no less than 349 news outlets and repeated, almost verbatim, from the American Rivers press release. Here’s how their press release of June 2 beings:

    The Upper Delaware River, the drinking water source for 17 million people across New York, New Jersey and Pennsylvania is at risk from shale fracking for natural gas, a process that poisons groundwater and creates toxic pollution. This threat landed the Upper Delaware in the number one spot in America’s Most Endangered Rivers: 2010 edition.

    “Unless we stop the threat of rampant shale fracking, the drinking water for 17 million people across the Northeast will be threatened by toxic pollution,” said Rebecca Wodder, president of American Rivers. “We can’t let natural gas companies fatten their profits by putting our precious clean water at risk.”*

    Frankly, the press release is shot full of lies and the same tired scare tactics that anti-drillers find so effective: Drilling will poison your drinking water. Problem is, it doesn’t. But let’s not let the truth get in the way of a good press release! There is not one documented case of chemicals used in drilling a gas well poisoning ground water supplies across hundreds of thousands of hydraulically fractured wells. What is so mind-boggling is that one organization can create a press release airing nothing more than an opinion, and it gets picked up and run as “news” of an imminent threat across the entire country by the likes of Associated Press and CNN, repeated and amplified, until the general population believes the headline. The headline says the Delaware River is threatened—indeed the “most threatened” river in the entire country for 2010. Why? Because American Rivers doesn’t like gas drilling. It’s all manufactured news. In fact, it’s not really news at all.

    American Rivers is utterly hypocritical in identifying the Delaware River as “threatened.” To wit, in 2005, American Rivers named the Susquehanna River as the #1 most endangered river in the USA. This year? The mighty Susquehanna isn’t on the list at all. Here’s the thing—Marcellus gas drilling hasn’t even happened yet in the Delaware River basin. The Delaware River Basin Commission has not approved a single drilling permit anywhere in the watershed, even though plenty have been submitted. But there’s lots of Marcellus gas drilling going on in the Susquehanna River basin right now! So if gas drilling would be so dreadfully disastrous for the Delaware basin and the millions who get their drinking water from it, why isn’t it equally disastrous for the Susquehanna basin and the millions who get their drinking water from it? I’ll tell you why: Because gas drilling doesn’t pollute groundwater supplies of any kind—including rivers—and if American Rivers mentioned the Susquehanna (where drilling already exists) on this year’s list alongside the Delaware, it might raise some uncomfortable questions for them.

    So what’s really going on here? The people at the top of these so-called “environmental” organizations are trying to manipulate public opinion and stop drilling dead in its tracks. Also from the American Rivers press release:

    American Rivers called on the Delaware River Basin Commission to ban any shale fracking in the Upper Delaware watershed until a thorough study of impacts is completed and the pollution potential of shale fracking is fully documented and assessed.*

    Now we see the real agenda. Stop drilling, and if you can’t stop it, slow it down any way you can. There’s isn’t any evidence that natural gas drilling pollutes water supplies because such evidence does not exist. So instead, manufacture a scare with headlines in hopes you can buy time to figure out a way to get Congress to kill gas drilling for good.

    I can only speculate why anyone would not want cheaper, cleaner energy supplies that benefit everyone, but my guess is that the people running organizations like American Rivers have become so caught up in their philosophy of anti-fossil fuels of any kind, they’re willing to deny their fellow Americans the benefits of cheaper, cleaner energy because they (the self-proclaimed enlightened ones) think we (the great unwashed) should all be driving golf carts for cars and getting energy from wind mills. No thanks. Renewable energy is a part of our future, but it’s not a meaningful and substantial part of our present—and organizations like American Rivers just don’t get that. Don’t fall for their cynical manipulations.

    *American Rivers Press Release (June 2) – Upper Delaware Named America’s Most Endangered River

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    PA Gas Driller Bonds Will Skyrocket from $2,500 to $150,000 per Marcellus Gas Well Under Proposed Legislation

    Pennsylvania lawmakers, both Democrat and Republican, agree that bonds posted by drillers need to increase—dramatically. The bonds are used to cover the costs of plugging or closing natural gas wells. The current bond requirements date back to 1984.

    Drillers are required to post a $2,500 bond for a single well and $25,000 blanket bond to cover any number of wells under current law. A measure sponsored by Rep. Camille George, D-74, Houtzdale, would require a $150,000-per-well bond for any well in the Marcellus Shale formation and $12,000 bond on other oil and gas wells. George, chairman of the House Environmental Resources and Energy Committee, also proposes setting a $240,000 blanket bond, while prohibiting blanket bonds for wells in the Marcellus Shale formation. He suggested those amounts would cover the actual costs of decommissioning.

    *Hazelton Standard Speaker (May 23) – Marcellus drilling spurs calls for higher bonds

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    PA DEP Secretary Hanger Summons Marcellus Shale Drillers to Meeting, Asks Them to Comply with Unratified New Drilling Rules

    After the PA Secretary for the Department of Environmental Protection, John Hanger, summoned Marcellus Shale drilling companies to a meeting, he proceeded to “challenge” them to comply with new drilling rules that likely won’t be adopted until this fall. Talk about arrogant.

    “I urged the industry to implement the stronger standards immediately and not wait for the rule to be finalized,” Mr. Hanger said. “I challenged the industry to set a world-class example.”

    The summit came ahead of action by the state Environmental Quality Board on Monday on several proposed regulations to require that oil field-grade cement be used in Marcellus Shale wells, to delineate responsibility and notification procedures for gas migration problems and to strengthen requirements for treating drilling wastewater and limiting sediment erosion from wells. Mr. Hanger expects the rules to be adopted by fall.*

    Certainly nothing wrong with new rules to help prevent a repeat of the situation in Dimock, PA from recurring, which supposedly the new rules will help guard against. However, MDN continues to notice that Hanger’s tone is increasingly confrontational rather than collaborative.

    *Scranton Times Tribune (May 14) – DEP head asks gas drillers to comply with new rules